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Council Mtg July 8, 1997 Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Certification of Statement of Official Action for Appeal of the Approval of
Final MitIgated Negative Declaration (IS 96-004), Text Amendment (TA 97-
001), Variance (VAR 95-015), Conditional Use Permit (CUP 97-002) and
Development Review (DR 95-002) to permit construction of a 66-unlt senior
housing project and a public parking structure located at 1136-1144 Fourth
Street
INTRODUCTION
This report transmits for City Council certification the Statement of OffiCial Action for denial
of two appeals of Planning Commission approval of a proposed 66-unlt senior housmg
proJecUpublic parking structure located at 1136-1144 Fou rth Street The Plannmg
Commission approval Involved the follOWing actions
0 Approval of the Final Mitigated Negative Declaration,
0 Approval of a variance to permit structural encroachments mto the sldeyard
setback and to permit parcel coverage In excess of 50% (56 1% proposed),
0 Approval of a Conditional Use Permit to permit a parking structure Within the "A"
Off-Street Parking Overlay Dlstnct With one above-ground level and one below-
ground level parking level, and
0 Approval of a Development ReView Permit to permit a 66-unlt, 46,857 square
foot senior hOUSing project and public parking structure m the NWR3A District
Additionally, the Planning Commission, In approving the project, recommended that the
Council approve a zoning ordinance text amendment for the "A" Off-street Parking Overlay
Dlstnct development standards to allow access to parking located Within a required
sldeyard adjacent to a commerCially-zoned parcel and to allow above-ground level parking
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JUl 0 8 1997
structures with approval of a conditional use permit
On May 6, 1997, the Council denied the appeals and upheld the Planning Commission
action, approved the Final Mitigated Negative Declaration and Introduced for First Reading
an Ordinance amendmg the Santa MOnlca Municipal Code regarding the "A" Off-Street
Parking Overlay District development standards to allow access to parking located within
a required Side yard adjacent to a commerCially-zoned parcel and to allow above-ground
level parking structures with approval of a conditional use permIt The Council approval
IS based on the findings and conditions contained In the attached Statement of OffiCial
Action
BUDGET/FINANCIAL IMPACT
The recommendation presented m thiS report does not have any budget or financial
Impact
RECOMMENDATION
It IS respectfully recommended that the City Council approve the attached Statement of
OffiCial Action
Prepared by Karen Ginsberg, Planning Manager
David Martin, Acting Senior Planner
Susan Healy Keene, Associate Planner
City Planning DIVISion
Planning and Community Development Department
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CITY OF SANTA MONICA
CITY COUNCIL
ST A TEMENT OF OFFICIAL
ACTION
OI4&~ STOtt
PROJECT tJ~~
CASE NUMBER Fmal Mitigated ~1.(f~r7 ) 96-004), Text
Amendment ( (VAR 95-015,
Conditional USI ,d Development
Review (DR 95-002)
LOCATION 1136-1144 Fourth Street
APPLICANT Jewish Federation Council and City of Santa MOnica
CASE PLANNER Susan Healy Keene, Associate Planner
REQUEST Application for project approval to permit the construction of
a 56-Unit, 46,857 square foot rental housing project for low
Income senIors and a 165-space public parkmg structure to
replace the surface parking lot which IS currently located on
the site
Discretionary approvals requested by the applicants Include
the followmg Approval of Certification of the Final Mitigated
Negative Declaration Including approval of a substitute
mitIgation measure which evaluates the environmental
Impacts of the proposed project, Text Amendment (TA 97-
001) to amend the "A" Off-Street Parking Overlay Dlstnct
development standards to allow access to parking located
wlthm a reqUired SIde yard adjacent to a commercially-zoned
parcel and to allow above-grade parking structures With
approval of a conditional use permit,
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Varrance (VAR 95-015) to permit structural encroachments
mto the side yard setback, and to permit parcel coverage m
excess of 50% (56 1% proposed), Conditional Use Permit
(CUP 97-002) to permit a parking structure within the "A"
Off-Street Parking Overlay Dlstrrct with one above-grade and
one below-grade parking level, subject to approval of City
Council of the Text Amendments, and Development Review
Permit (DR 95-002) to permit a 66-unlt, 46,857 square foot
senior housing project and public parking structure In the
NWR3A Dlstnct (DR IS required for projects over 22,500
square feet In the R3 zone).
CITY COUNCIL ACTION
5/6/97 Date
XX Approved based on the follOWing findings and subject to the
conditions below
Demed
Other
EFFECTIVE DATES OF ACTIONS:
5/6/97 Vanance 95-015
5/6/97 Conditional Use Permit 97-002
5/6/97 Development Review 95-002
EXPIRA TION DA TES OF ANY PERMITS GRANTED (IF RIGHTS ARE NOT
EXERCISED):
11/6/98 Vanance 95-015
11/6/98 Conditional Use PermIt 97-002
11/6/98 Development RevIew 95-002
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Any request for an extenSion of the eXpiration dates must be received In the City Planmng
DIVISion prior to eXpiration of this permit The granting of an extension IS subject to
discretionary approval by the Director of Planning Extensions may be granted for the
following time penods
One one-year Vanance 95-015
One one-vear Conditional Use Permit 97-002
One one-year Development Review 95-002
APPROVAL OF FINAL MITIGATED NEGATIVE DECLARATION
The City Council approved the Final Mitigated Negative Declaration through Resolution No
9143, based on the findings contained therein
TEXT AMENDMENT 97-001
The City Council adopted Text Amendment 97-001 through Ordinance No 1878
VARIANCE 95-015 FINDINGS
1 There are special circumstances or exceptional characteristics applicable to the
Intended use or development of the property that do not apply to other properties
In the VICinity under an Identical zOning claSSification The subject property will be
developed With 66 deed-restricted low Income senior hOUSing units and will replace
on a one-for-one baSIS 165 mumclpal parking places which are currently located on
the site In a surface parking lot. The replacement of these public parking spaces
Within a residential development IS a special circumstance that does not tYPically
apply to other properties zoned reSidential Furthermore, the parking Will be
proVided at the ground level and In one semi-subterranean level rather than In a
multi-level subterranean structure which Will enable natural light to be Introduced
Into the parking area through the prOVIsion of light wells Additionally, the
configuration of the proposed development allows for a 5600 square foot central
courtyard whIch proVIdes useable open space for the reSIdents, light and air for the
Units faCing the courtyard and a Visual amenity for the neighborhood which could not
be prOVided Without approval of the vanances
2 The granting of such vanances Will not be detrimental or InJurious to the property or
Improvements In the general VICInity and dlstnct In which the property IS located, In
that the Increased parcel coverage of 6% Will be offset by the prOVIsion of common
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area totaling 5600 square feet at the center of the project and 165 mUnicipal parkmg
spaces and the reduction In sldeyard setback along the north elevation will not
result In the creation of significant additional shadows
3 The grantIng of these vanances will not be contrary to or In conflict With the general
purposes and intent of thIs Chapter, or to the goals, objectives and policies of the
General Plan The purpose of the "A" Off-street Parking Overlay Dlstnct IS to
proVide adequate parking faCilIties to support Important commercial COrridors and
neighborhood commercial areas of the CIty, while at the same time ensunng that
each parking faCility WIll not adversely affect the envIronment or nearby reSidents,
or dlmlOlsh the Integnty of the reSidentIal dlstnct In which It IS located The proposed
project Will fulfill these goals by proViding replacement of 165 public parking spaces
to serve the Wilshire Boulevard commerCIal COrridor In a development that IS
compatIble With the character of the reSidentIal dlstnct AddItionally, consistent With
the General Plan, the project effiCiently uses public land by utlllzmg air rights to
prOVide 66 unIts of low Income semor hOUSing, and 165 publiC parkIng spaces
thereby Increasing the number of affordable hOUSing umts In the Downtown and
mamtalnmg the number of publiC parking spaces currently located on the site
4 The vanances would not Impair the Integrity and character of the dlstnct In which
they are to be located, In that the scale and massing of the bUilding IS consistent
With the development standards In the NWR3A Dlstnct and the scale and massing
of the bUIlding are compatIble With the surrounding three-story reSidential bUIlding
to the north, the two-story commerCial bUilding to the south, the twelve-story First
Federal bUIlding to the east, and the Six-stOry RetIrement HOUSing FoundatIon
reSidential bUilding to the west across the alley; and the proviSIon of the open
courtyard proVIdes Visual relief to the reSidents and neighborhood as a whole
5 The subject site IS phYSically SUitable for the proposed va nance, In that the
development Will restore 165 publiC parking spaces In one semi-subterranean
parking level and one ground level and prOVide parking for the 66 senlor hOUSing
Units on Site, while at the same time prOVIding conSIderable open space for the
project
6 There are adequate prOVISions for water, samtatlon, and public utilities and services
to ensure that the proposed vanances would not be detnmental to public health and
safety, In that the subject site IS located In a developed urban area adequately
served by eXisting Infrastructure
7 There WIll be adequate proVISions for public access to serve the subject vanance
proposals, In that the subject sIte has street and alley access from Fourth Street
and the Third Court Mall alley
8 The variances are essential or deSirable to the public convenIence or welfare, are
not in conflIct With the General Plan, and the granting of the variances will not be
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materially detrimental or InJurious to property or Improvements In the general vlclnrty
and dlstnct In which the property IS located The scale of the proposed development
IS harmomous with the surrounding neighborhood and the vanances allow the
construction of low-income senior housmg and replacement of 165 munrcipal
parking spaces while stili allOWing for ample open space to be provided on-site The
project addresses the goals of the General Plan by providing affordable housing In
the Downtown while at the same time providing 165 replacement public parkIng
spaces to serve the commercial uses In the area
CONDITIONAL USE PERMIT 97-002 FINDINGS
1 With approval of the proposed text amendment, the proposed parking garage IS one
conditionally permitted Within the subject dlstnct and complies With all of the
applicable proVISions of the "City of Santa MOnica Comprehensive Land Use and
Zomng Ordinance", In that the proposed parkmg garage IS a conditionally permitted
use In the "A" Off-Street Parkmg Overlay Dlstnct Furthermore, the proposed
parkmg garage meets the cntena established for such structures In that the
proposed parking structure replaces a municipal surface parking lot, the parcel Size
IS a minimum of 40,000 square feet, and the parcel IS located In the North of
Wilshire Overlay Dlstnct
2 The proposed parking garage would not Impair the Integnty and character of the
district In which It IS to be established or located, In that the site IS currently
developed for public parking (a surface level public parking lot) and the proposed
development would Incorporate public parking
3. The subject parcel IS phYSIcally SUitable for the type of land use beIng proposed, In
that It is over one acre In Size, IS a relatively flat parcel large enough to
accommodate the proposed senior housing Units and publiC parking garage, and IS
readily accessIble from adjOining nghts-af-way mcludlng a fully Improved alley
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 development prOVides a
one-for-one replacement of the eXisting surface level parking on the property
5 The proposed use would be compatible With eXisting and permissible land uses
wlthm the dlstnct and the general area in which the proposed use IS to be located,
In that It IS SImilar In ItS proposed uses, scale, and denSIty WIth other uses and
bUildings In the area and the condItions to mitigate temporary dIsplacement of
parking dunng construction and potentlallrght and glare Impacts Will reduce the
Impact of the project on the neighborhood to levels of inSignificance
6 There are adequate proVISions for water, SanitatIon, and publiC utilities and services
to ensure that the proposed use would not be detnmental to public health and
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safety, In that the site IS In a developed urban area where services are provided
7 Public access to the proposed uses will be adequate, m that there IS public
transportation which directly serves the site via Fourth Street (MTA, Lines 20 and
30 and Santa Monica MUnicipal Bus Line, Lines 2 and 3) Vehicular access IS
provided to the project from Fourth Street and the Third Court Mall alley, and all
public parkmg and parking for the semor housing Units IS provided on-site within the
enclosed parking garage
8 The physical location or placement of the use on the site IS compatible With and
relates harmoniously to the surrounding neighborhood, In that the use wIll allow the
continuation of the property to be used for public parkmg purposes and IS located
at the southern portion of the site closer to the Wilshire Boulevard bUSinesses which
the parking supports
9 The proposed use IS consIstent With the goals, objectives, and policies of the
General Plan, m that parkmg structures and underground parking are permitted With
site review on land zoned "A" Off-Street Parking Dlstnct (G P Policy 1 2 3), the
project creates new housmg m an eXlstmg reSidential area (G P Polley 1 10 1),
contributes to the streetscape by m filling an open area along Fourth Street (G P
Policy 3 4 2) I makes good use of alley access Without creating a major burden on
other reSIdences near the alley (G P PolICies 3 4 7 & 4 7 9), and maXimizes the use
of public parking In the area (G P Policy 4 7 8)
10 The proposed use would not be detrimental to the public Interest, health, safety,
convenience, or general welfare, In that the applicant must comply With the
conditions of approval which will minimiZe the effect of the use on adjacent
properties
11 The proposed use conforms precisely to the applicable performance standards
contamed In Subchapter 904 12 and special conditions outlined In Subchapter
90414 of the City of Santa MOnica Comprehensive Land Use and ZOning
Ordinance, In that thIS use does not require a performance standard permit, but IS
required to meet the conditions of the CondItional Use Permit
12 The proposed use will not result In an overconcentratlon of such uses In the
Immediate VICInity, In that public parking garages are dispersed throughout the area
to serve the parking needs of customers and VISitors to the area
DEVELOPMENT REVIEW 95-002 FINDINGS
1 The physical location, Size, massing, and placement of proposed structure on the
site and the location of proposed uses With the project are compatIble With and
relate harmOniously to the surrounding neighborhood, In that the use will allow the
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continuation of the property to be used for public parking purposes and will provide
low cost semor citizen housing In an area which currently Includes multi-family
residential uses and IS adjacent to downtown Santa Momca, providing easy walking
access for residents to amenities In the area Including, but not limited to, amenities
on the Third Street Promenade Furthermore, the site IS located on Fourth Street,
one-half block north of Wilshire Boulevard, and IS served by public transportation
(MTA, Lmes 20 and 320 and Santa MOnica MUnicipal Bus Line, Lines 2 and 3) The
Imtlal Study Indicates that the proposed project IS more consistent With the
surrounding residential areas than the eXisting land use because It contains a
reSidential component and by plaCing the public parking portion Within a structure,
the project minimiZeS the potential for land use conflicts between the parking
function and the surroundIng residential bUildings
2 EXistIng nghts-of-way can accommodate autos and pedestnans, including access
to the proposed public parking and senior housmg parking Included Within the
project's parking garage A total of 195 spaces Will be provIded which Will replace
the 165 surface level parking spaces currently on the project site and Will provide
30 parking spaces for the proposed semor citizen umts Traffic and pedestrian
safety Will be Improved With a reduction of driveway access pOints to the site from
SIX access pOints to two access pOints Furthermore, all circulation to the parking
areas Will be contained Within the parking structure Itself The Imtlal Study Indicated
that the project would not cause any Increase In vehicle delay or V/C ratio at any
study intersection In the a m or p m peak hour, and the reduction of one lane of
traffic on Fourth Street to provide for metered spaces Will not affect the Level of
Service (LOS) at the WilshIre/Fourth Street intersection
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 subject site
IS located In an urbamzed area adequately served by eXisting Infrastructure The
Imtlal Study Indicated that the project would not Increase the risk of fire or
slgmficantly Increase demand for fire protection and that the particular problems to
the police In the City are not Issues related to the proposed project The Initial
Study concluded that statistical data suggest that crime levels do not differ
Significantly between structured and surface lots In the North of Wilshire area
4 Anyon-sIte proVIsion 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, satlsfactonly meet
the goals of the mitigation program, In that the project IS exempt based on the fact
the project Will not result In the construction of new office area and IS proViding
100% affordable semor housmg umts With both common and private open space
proVided on-site as part of the project
5 The project IS generally consistent WIth the Mumcipal Code and General Plan, In
that the proposed uses are In conformance With the General Plan (High Density
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Residential) designation for the site, as well as conforming to underlYing zoning
(NWR3A) of the property and heIght requIrement (40- feet maximum)
Inconsistencies with the Municipal Code In regards to above and below grade
parking structures and access thereto In the "A" Off-Street Parking Overlay District
Will be removed with approval of the requested text amendments.
6 Reasonable mitigation measures have been Included for all adverse Impacts
Identified In the Imtlal Study, In that Impacts related to the temporary displacement
of public parking and permit parking on the Fourth Street lot Will be mitigated though
Implementation of a plan to proVide replacement parking In other parking structures
In the area and through proViding additional on-street metered parking spaces The
City of Santa Monica Cnme AnalYSIS Umt has rndlcated that crime rates In parking
structures are not substantially different than In surface parking lots Also, once
completed, the proposed parking structure IS antiCipated to become fully utilized
over time as pubhc awareness of It Increases Impacts related to light and glare Will
be mitigated through the use of speCialized hghtlng fixtures to direct bUIlding
Illumination away from adjOining properties and through the utilization of bUilding
finish matenals and glazing with low reflectiVity
VARIANCE 95-015 CONDITIONS
1 ThiS determination IS contingent upon approval of Development ReView 95-002 and
the determinatIOn and expiration dates of the vanance shall be concurrent With
those of the Development ReView permit
CONDITIONAL USE PERMIT 97-002 CONDITIONS
1 Approval of ConditIonal Use Permit CUP 97-002 IS subject to approval of the Text
Amendment (TA 97-001)
2 ThiS determination IS contingent upon approval of Development ReVIew 95-002 and
the determination and expiration dates of the Conditional Use Permit shall be
concurrent With those of the Development ReView permit
DEVELOPMENT REVIEW 95-002 CONDITIONS
Architectural ReView Board
1 Prior to conSideration of the project by the Architectural ReView Board, the applicant
shall review disabled access reqUirements With the BUilding and Safety DIVISion and
make any necessary changes In the project deSign to achieve compliance With such
requ Irements The Architectural ReView Board, In Its reView, shall pay particular
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attention to the aesthetic, landscaping, and setback Impacts of any ramps or other
features necessitated by accessibility requirements
2 Prior to submittal of landscape plans for Architectural Review Board approval, the
applicant shall contact the Department of General Services regardmg urban runoff
plans and calculations
3 Construction penod slgnage shall be subject to the approval of the Architectural
Review Board
4 Plans for final design, landscapmg, screening, trash enclosures. and slgnage shall
be subject to review and approval by the Architectural Review Board
5 The Architectural RevIew Board, m ItS reView, shall pay particular attention to the
proJect's pedestrran onentatlon and amemtles, scale and articulation of design
elements, extenor colors, textures and matenals, Window treatment, glazing, and
landscaping
6 As appropnate, the Architectural Review Board shall reqUire the use of anti-graffiti
matenals on surfaces likely to attract graffiti
7 Landscaping plans shall comply With Subchapter 5B (Landscaping Standards) of
the zoning ordmance including use of water-conserving landscaping matenals,
landscape maintenance and other standards contamed In the Subchapter
8 Refuse areas, storage areas and mechanical eqUIpment shall be screened In
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, including recycling The
Architectural Review Board In ItS revIew shall pay particular attention to the
screening of such areas and equipment Any rooftop mechanical equipment shall
be minimized In height and area. and shall be located In such a way as to minimiZe
nOise and visual Impacts to surroundmg properties Unless otherwise approved by
the Architectural Review Board, rooftop mechanical equipment shall be located at
least five feet from the edge of the roof Except for solar hot water heaters, no
reSidential water heaters shall be located on the roof
9 Immediately after demolition (and dUring construction), a secunty fence, the height
of which shall be the maximum permitted by the Zoning Ordinance, shall be
malntamed around the pen meter of the lot The lot shall be kept clear of all trash,
weeds, etc
Construction
10 Unless otherwise approved by the Department of Environmental and Public Works
Management, all Sidewalks shall be kept clear and passable dUring the grading and
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constructIon phase of the project
11 Sidewalks, curbs, gutters, paving and dnveways which need replacmg 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 Approval for thIS work
shall be obtained from the Department of Environmental and Public Works
management prror to Issuance of the bUIlding permits
12 Vehicles hauling dirt or other construction debrrs from the site shall cover any open
load With a tarpaulin or other secure covering to minimize dust emiSSions
13 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
Cultural and Recreatron ServIces DIVISion and the Department of Environmental and
Public Works Management No street tree shall be removed WIthout the approval
of the Cultural and Recreation Services DIVISIon
14 A construction penod mltrgatlon plan shall be prepared by the applicant for approval
by the Department of EnvIronmental and PubliC Works Management pnor to
Issuance of a bUildIng permit The approved mitigation plan shall be posted on the
construction site for the duration of the project construction and shall be prod uced
upon request As applicable, thiS plan shall 1) Specify the names, addresses,
telephone numbers and busmess 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 erection/construction, 4) Descnbe 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-drlvmg operations, 6) Descnbe the length and
number of any tiebacks which must extend under the property of other persons, 7)
Specify the nature and extent of any dewatenng and ItS effect on any adjacent
bUildings, 8) Descnbe 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 acbvlty beyond normally
permItted hours IS proposed I 11) Descnbe any proposed construction nOIse
mltrgatlon measures, 12) Descnbe constructlon-penod secunty measures Including
any fenCing, lighting, and security personnel, 13) PrOVide a drainage plan, 14)
PrOVide a constructlon-penod parking plan which shall minimiZe use of public streets
for parking, 15) List a deSignated on-sIte construction manager, 16) ProVIde a
constructIon matenals recycling plan whIch seeks to maXimize the reuse/recycling
of construction waste, 17) PrOVide a plan regarding use of recycled and low-
environmental-Impact matenals In bUIlding constructIon, 18) prOVide a construction
penod water runoff control plan
15 A sign shall be posted on the property In a manner consistent With the public
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hearing sign requirements which shall Identrfy the address and phone number ofthe
owner and!or applicant for the purposes of responding to questions and complaints
dUring the construction penod Said sign shall also Indicate the hours of permIssible
construction work
16 The property owner shall Insure any graffiti on the site IS promptly removed through
compliance With the City'S graffiti removal program
17 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
18 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 urinals and low flow shower head)
19 To mitIgate solid waste Impacts, pnor to Issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of EnVironmental and
Public Works Management for ItS approval The recycling plan shall Include 1) list
of matenals such as white paper, computer paper, metal cans, and glass to be
recycled, 2) location of recyclmg 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
20 To mitigate storm water and surface runoff from the project Site, an Urban Runoff
Mitigation Plan may be reqUired by the Department of EnVironmental and Public
Works Management (EPWM) pursuant to MUniCipal Code Chapter 7 10 Applicant
shall contact EPWM to determine applicable requirements
Miscellaneous Conditions
21 The bUlldmg address shall be painted on the roof of the bUilding and shall measure
four feet by eight feet (32 square feet)
22 The operation shall at all times be conducted In a manner not detnmental to
surrounding properties or reSidents by reason of lights, nOise, actiVities, parking or
other actions
23 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
24 Mechamcal eqUipment shall not be located on the Side of any bUilding which IS
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adjacent to a reSidential bUilding on the adjoIning lot Roof locations may be used
when the mechanical equIpment IS Installed within a soundrated parapet enclosure
25 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
26 Final bUilding plans submitted for approval of a bUilding permit shall Include on the
plans a list of all permanent mechanical equipment to be placed outdoors and all
permanent mechanical equipment to be placed Indoors which may be heard
outdoors
MOnltonng of Conditions
27 Pursuant to the requirements of Public Resources Code Section 21081 6, the City
Planning DIVIsion Will coord mate a mOnltonng and reporting program regarding any
reqUired changes to the project made In conjunction with project approval and any
conditions of approval, mcludlng those conditions Intended to mitigate or aVOId
significant effects on the environment ThiS program shall Include, but IS not limited
to, ensurrng that the Planning DIVISion Itself and other City diVISions and
departments such as the BUilding DIVISion, the EnVironmental and Public Works
Management Department, the Fire Department, the Police Department, the
Community and Economic Development Department and the Finance Department
are aware of project requirements which must be satisfied prror to Issuance of a
BUilding Permit, Certificate 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 wntten
report submitted to the Planning Director and BUilding Officer prror to Issuance of
a BUilding Permit or Certificate of Occupancy, and, as applicable, proVide penodlc
reports regarding compliance With such condltrons
SpeCial Conditions
28 Prror to Issuance of a Certificate of Occupancy, the Applicant shall deSign and Install
extenor bUilding lighting that sheds light pools only on the subject property located
at 1136-1144 Fourth Street North and west facades shall Incorporate the minimal
lighting needed to satrsfy safety reqUirements
29 FInish matenals, Including glaZing, shall be of a low reflectiVity to minimiZe glare and
shall be reviewed and verrfied by the Architectural ReView Board
30 Prror to closure of the eXlstmg surface parking lot located at 1136-1144 Fourth
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Street and prior to Issuance of a bUilding permit, the Apphcant, with approval by the
City, shall Implement a restnplng plan for both Third and Fourth Streets between
Wilshire Boulevard and California Avenue that Will create 42 new metered spaces
Modifications to the east Side of this block of Third Street will Involve restnplng 13
eXisting parallel parking spaces for diagonal parking This WIll Yield 24 diagonal
spaces, for a net gain of 11 new spaces Modifications to the west Side of Fourth
Street, Immediately fronting the subject site, Will entail the prOVIsIon of 17 new curb-
Side parallel parking spaces Modifications to the east Side of Fourth Street WIll
entail the prOVIsion of 14 new curb-SIde parallel parking spaces Together, the
modifications to the 1100 blocks of Third and Fourth Streets Will Yield 42 new
parking spaces In the VICInity of the project site located at 1136-1144 Fourth Street
31 Prior to Issuance of a bUilding permit, the Applicant shall submit to the Planning and
Community Development Department a copy of a recorded lease agreement for 20
parking spaces located within 1000 feet of the penmeter of the 1136-1144 Fourth
Street parcel for use by drivers who purchase a permit to park In either the Third
Street Structure or the eXIsting Fourth Street surface lot (Permit Parkers) dUring the
construction period The lease shall be maintained until a Certificate of Occupancy
IS granted These spaces may not be reqUired parking for any other use
32 Prior to the closure of the Lot, the Applicant shall Implement the follOWing
notification/education measures taken to reduce the inconvenience and negative
Impact of the closure of the Lot
A Notice shall be prOVided to the businesses and employers who use or benefit
from the Fourth Street Parking Lot and a copy of the notice and a
certification of mailing shall be prOVided to the City Planning DIVISion
B Notification shall Identify the scheduled dates for closure, proVide maps of
alternative parking facilities, and urge businesses/employers to notify
employees and customers of the planned closure and parking alternatives
prior to the scheduled closure dates
C On-sIte signing which meets the Size, height, lettering and location
reqUirements of the Zoning Administrator sign posting requirements shall be
Installed notifying customers of the scheduled dates for closure and listing
alternative parking faCIlities During the construction phase, the Applicant
shall place a sign on the Lot, to the satisfaction of the City, Identifying
available publiC parking locations at the Third Street Parking structure and
at Parking Structures Number 1 and 2
D The Applicant shall proVide 100 flyers and one poster each to places of
bUSiness that benefit from the eXisting Fourth Street parking lot as Identified
by the City Planning staff, notifYing customers of the scheduled dates for
closure, and prOViding maps of alternative parking faCIlities for future VISits
33 Prior to Issuance of a bUilding permit or any demolition or grading permits, the
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Applicant shall Inform construction gradrng crews shall be alerted to the potential for
bUried archeological and paleontological resources If resources are discovered
dunng the excavations, work In the Immediate area of the find shall be halted and
a qualified archaeologIst or paleontologist contacted to determine the Significance
of the matenals and to develop appropriate follow-up measures at project 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
34 Pnor to Issuance of a bUilding permit, the applicant shall submit a lighting plan for
the parking structure which maintains a minimum lighting level of 5 6 foot candles
and a maxImum average level of 21 5 foot candles throughout the Intenor of the
structure The plan shall be reviewed and approved by the DIrector of Planning
and Community Development, In consultation WIth the Director of EnVironmental
and Public Works The Intenor of the parking structure shall be painted white With
discretion given to the Director of Planning and CommuOlty Development to approve
a trim color other than white
35 Concurrently With submittal of bUilding plans for review by the Architectural ReView
Board, the applicant shall submit a sign program which clearly Identlfies the
availability of public parking and the location of entrances and exits The
Architectural ReView Board shall have authOrity to determine the adequacy of the
proposed slgnage In communicating the availability of publIC parking
36 The applicant shall prOVide an Intercom system for reSidential guest parkers to enter
the reSidential parking area Adequate slgnage shall be prOVided to Inform guest
parkers of availability of the guest spaces, The Architectural ReView Board shall
have authonty to determine the adequacy of the proposed slgnage
37 The Architectural ReView Board shall pay particular attention to the plant matenal
proVided at the front elevation to ensure that the landscaping proVides vIews Into the
courtyard area
38 The applicant, In consultation With the City and adjacent bUSiness representatives,
shall evaluate the feaSibility of proViding valet parking, shuttles or drop-off zones
dunng the penod of construction when the public parkmg lot IS not available In the
event the applicant, In consultation With the City, determines those parking
measures are feaSible, the program shall be prOVided on a pIlot baSIS for no less
than two months After two months the applicant and the City shall evaluate the
program and Its effectiveness After the evaluation, the program may be
discontinued If It IS determmed to be unsuccessful
39 The applicant shall work With the CIty In requesting permiSSion from HUD
(Department of HOUSing and Urban Development) to allow local preferences to
whatever degree pOSSible In tenant selection
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40 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 restrictions shall be recorded
With the Los Angeles County Recorder's Office as part of the deed of the property
to ensure that 66 affordable senior units are proVided and maintained over time and
through subsequent sales of the property SixtY-SIX Units shall be affordable to
seniors whose Incomes do not exceed 50% of the (HUD) Los Angeles County
median Income
ThIS agreement shall be executed and recorded pnor to Issuance of bUilding
permits Such agreement shall specify 1) responsibilities of the developer for
making the Units available to eligible tenants and 2) shall require the developer to
prepare the application forms for potential tenants, establishment of the criteria for
qualifications, and mOnitoring compliance With the prOVIsions of thiS agreement, all
of whIch Will be subject to HUD regulations
Owner shall proVide the City Planning DIVISion With a conformed copy of the
recorded agreement pnor to Issuance of bUilding permits
GENERAL CONDITIONS
Plans
1 These approvals are for those plans dated February 7, 1997, 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
2 The Plans shall comply With all other proVISions of Chapter 1, Article IX of the
MUniCipal Code, (Zoning Ordinance) and all other pertment ordinances and General
Plan poliCies of the City of Santa MOnica
3 Final parking lot layout and speCifications shall be subject to the review and
approval of the Parking and Traffic Engineer
4 Minor amendments to the plans shall be subject to approval by the Director of
Planning and Commumty Development A Significant change In the approved
concept shall be subject to Planning CommissIon ReView Construction shall be In
conformance With the plans submitted or as modified by the Planning Commission,
Architectural ReView Board or Director of Planning and CommunIty Development
Validity of Permits
5 In the event permittee Violates or falls to comply With any conditions of approval of
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these permits, no further permits, licenses, approvals or certificates of occupancy
shall be Issued until such violation has been fully remedied
6 Within ten days of Plannmg 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 Plannmg 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 The signed Statement shall be
returned to the City Planmng DIvIsion Failure to comply With thiS condition shall
constitute grounds for potentIal permit revocation
7 The approval of these permits shall expire eighteen (18) months from the permits'
effective date, unless a bUilding permit has been obtained prior to the expiration of
thiS approval In order to exercise the rights granted by thiS approval These permits
shall also expire If the bUlldmg permit expires or If the rights granted under thiS
approval are not exercised wlthm one year following the earliest to occur of the
follOWing Issuance of a Certificate of Occupancy or, If no Certificate of Occupancy
IS reqUired, the last required final mspectlon for the new construction One one-year
extension may be permItted If approved by the Director of Planning Applicant IS on
notice that time extensions may not be granted If development standards relevant
to the project have become more restrictive since project approval
VOTES:
Cer1lfic-
atlon of DenIal
MItigated Text Denial of of Develop-
Council Negative Amend- Appeal Appeal ConditIOnal ment
Member Declaration ment 97 -002 97-003 Vanance Use PermIt Review
Ebner Abstain Abstain Abstain Abstain Abstain Abstain Abstain
Feinstein Aye Aye Aye Aye Aye Aye Aye
Genser Aye Aye Aye Aye Aye Aye Aye
Greenberg Absent Absent Absent Absent Absent Absent Absent
Holbrook Abstain Abstain Abstain Abstain Abstain Abstain Abstain
RosensteIn Aye Aye Aye Aye Aye Aye Aye
O'Connor Ave Aye Ave Ave Ave Aye Aye
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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 1094 6, 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.
~~"\..,.~~ "'\'0\""
s~n~uffi da~
Mana Stewart, 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
Pnnt Name and Title
SHK
F \PLAN\SHARE\COUNCIL\STOAS\DR9S002 WPD
6/97
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