SR-6-J (23)
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LUTM:PB:D~~:BA/ST9l003.PCWORD.PLAN Santa Monica, California
Council Mtg: January l4, 1992
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TO: Mayor and City council
FROM: city Staff
SUBJECT: certification of Statement of Official Action for
Appeal of DR 91-003, CUP 91-030, PSP 91-007 and EIR
916, 2221 Wilshire Boulevard
INTRODUCTION
This report transmits for City Council certification the
statement of Official Action for the appeal of a Planning
commission denial of a request to modify the expiration period of
Development Review 89-004, Conditional Use Permit 89-019, and
Performance Standard Permit 89-017, to allow a one year time
extension on a three-story, 61,650 square foot mixed use building
proposed at 2221 Wilshire Boulevard. The appeal of a request for
a one year extension was denied, and a 90-day extension from the
date of council action was granted.
BACKGROUND
On September 4, 1991, the Planning Commission failed to approve
the project, resulting in a technical denial by a vote of 3 to 3.
The applicant subsequently appealed the Planning Commission
denial to the City council on September 13, 1991. On December 3,
1991, the City Council denied the request for a one year
extension, and granted a 90-day extension from the date of
Council action.
As a note of clarification, this Statement of Official Action
involves a modification of the expiration period on an existing
project that was previously approved, and does not constitute a
new application. The findings and conditions of approval are th~__~
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same as the original permit, which was extended by gO-days with
this action. New case numbers were assigned to the project
because the code requirements specify that modifications of
existing projects shall be heard in the same manner as the
original permit.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached statement of Official Action which contains findings and
conditions of approval for a gO-day extension on Development
Review 89-004, Conditional Use Permit 89-019 and Performance
Standard Permit 89-017 (EIR 915) .
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
D. Kenyon Webster, Planning Manager
Bruce Ambo, Associate Planner
Attachment: A. statement of Official Action dated 12/3/91.
.
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: DR 91-003, CUP 91-030, PSP 91-007,
LOCATION: 2221 Wilshire Boulevard
APPLICANT: Century West Development, Inc.
APPELLANT: Century West Development, Inc.
CASE PLANNER: Bruce Ambo, Associate Planner
REQUEST: Appeal of a Planning Commission technical de-
nial of a modification to the expiration peri-
od of Development Review 89-004, Conditional
Use Permit 89-019 and Performance Standard
Permit 89-017 to allow a one year time exten-
sion on a three story, 61,650 square foot
mixed use building proposed at 2221 Wilshire
Boulevard.
CITY COUNCIL ACTION
12/3/91 Date.
Approved based on the following findings and
subject to the conditions below.
X Appeal approved with modifications. Approval of
a three month time extension from the date of
City Council action, and denial of an appeal of a
Planning Commission technical denial of request
for a one year time extension on DR 89-004, CUP
89-019, and PSP 89-017 (EIR 916), to allow a
three story, 61,650 square foot mixed use build-
ing proposed at 2221 Wilshire Boulevard.
X Other. To mitigate transportation impacts iden-
tified in EIR 916, and by the City Council on May
22, 1990, the development shall contain a subter-
ranean parking garage driveway aisle along wil-
shire Boulevard that provides ingress to both
eastbound and westbound traffic. Vehicles exit-
ing the garage on wilshire Boulevard shall be
restricted to a right turn only movement. A one
way driveway exit that provides egress onto Twen-
ty-Third street shall also be provided. There
shall be no vehicle ingress provided on Twenty-
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Third street and no ingress/egress provided on
Twenty-Second street.
EFFECTIVE DATE OF ACTION:
12/3/91 DR 91-003, CUP 91-030, PSP 91-007,
EXPIRATION DATE OF ANY PERMITS GRANTED:
3/3/92 DR 91-003, CUP 91-030, PSP 91-007,
LENGTH IN MONTHS OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE
None DR 91-003, CUP 91-030, PSP 91-007,
DEVELOPMENT REVIEW FINDINGS
1. with the project revisions and conditions approved by the
Commission and Council, the physical location, size, mass-
ing, and placement of proposed structures on the site and
the location of proposed uses within the project are com-
patible with and relate harmoniously to surrounding sites
and neighborhoods, in that the building is located on wil-
shire Boulevard, which is characterized by a range of com-
mercial development, including office buildings with simi-
lar building heights as approved by the Commission and
Council and that the proposed development, \vith its 2.0
FAR and three story height and minimum 241411 setback adja-
cent to the north property line will provide an adequate
land use transition and noise buffer bet\"een commercial
uses and residential uses located to the north.
2. The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that the revised site
design will provide adequate driveway and parking facili-
ties and the site is adjacent to a major arterial which
will provide vehicle ingress/egress.
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 project is
proposed to be an in-fill of an already developed area
with all necessary services and infrastructure already in
place.
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, satis-
factorily meet the goals of the mitigation program, in
that the project will be required to comply with the re-
quirements of this program.
S. The proj ect is generally consistent with the Municipal
Code and General Plan, in that the project as conditioned
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is designed to meet all Code and General Plan
requirements.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Environmental Impact Re-
port, in that all reasonable mitigation measures recommen-
ded by the EIR have been included as conditions of approv-
al for the project.
CONDITIONAL USE PERMIT FINDINGS
l. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the C6 Zoning District
encourages restaurant projects and conditionally permits
the sale of alcoholic beverages. The ancillary sale of
alcoholic beverages in connection with a bona-fide res-
taurant should not result in adverse environmental
effects.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the site is currently developed with
an 8,665 sq. ft. restaurant that will be replaced by a
smaller 4,000 sq. ft. restaurant. The potential for noise
and other impacts should be significantly less for the
smaller restaurant. The existing restaurant sells al-
coholic beverages and therefore a new use will not be
introduced onto the site. Any impacts associated with the
existing sale of alcoholic beverages in the larger res-
taurant should be reduced for the reduced floor area res-
taurant. The primary use of the 4,000 sq. ft. space will
be to provide bona fide meal service. Provided the al-
cohol use does not function as a primary use and the bar
does not function as a stand alone bar, the use should not
impair the surrounding district and should encourage
greater use of other commercial uses along Wilshire.
3 . The subject parcel is physically suitable for the type of
land use being proposed, in that General Plan Objective
1.6 and section 9022.1 of the C6 District encourage
development of restaurant uses that are consistent with
the scale and character of surrounding commercial uses.
The replacement of the existing restaurant that sells al-
coholic beverages with a smaller restaurant with alcoholic
beverages should not alter the existing pattern of land
use.
4. The proposed use is compatible with any of the land uses
presently on the subj ect parcel if the present land uses
are to remain, in that the new restaurant will contain a
reduced amount of floor area and will be accessed from off
of the adjacent major arterial.
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5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the restaurant use currently exists on the site and will
be reduced in floor area when redeveloped as part of the
larger mixed commercial project. The replacement project
will contain operating hours and service similar to the
previous restaurant use.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to pUblic health and safety,
in that infrastructure and public utilities exist for the
surrounding urbanized area and the project will not result
in a significant need for new or expanded services.
7. Public access to the proposed use will be adequate, in
that the site is located along wilshire Boulevard and can
be accessed without traveling over residential streets.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the restaurant will be lo-
cated directly adjacent to the major arterial and will not
contain a direct view of adjacent residential uses located
to the north. The entrances to the restaurant are located
away from the adjacent residential uses.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the General Plan
encourages restaurant uses along Wilshire Boulevard.
10. The proposed use would not be detrimental to the pUblic
interest, health, safety, convenience, or general welfare,
as stated above.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the city of Santa Monica comprehensive Land Use
and Zoning Ordinance, in that the project is conditionally
permitted and will comply with code standards for al-
coholic outlets.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the res-
taurant with alcohol sales is intended as a redevelopment
project that will replace an existing restaurant with al-
cohol sales use. The total number of alcohol outlets will
not be increased by approval of the replacement project.
ALCOHOL OUTLET FINDINGS
l. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is one
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which is conditionally permitted in the C6 District, and
is intended as a redevelopment project that will replace a
larger restaurant with a smaller restaurant. No new al-
cohol establishments will be created elsewhere on the site
in connection with the redevelopment project. Provided
the sale of alcoholic beverages remains an ancillary use
in conjunction with the operation of a bona fide res-
taurant use, issuance of the permit should not result in
adverse land use impacts. The restaurant will allow em-
ployees and customers of other proposed onsite uses to
obtain sit down meal service without requiring use of
vehicles to access the restaurant location. The res-
taurant will encourage greater neighborhood and onsite
pedestrian use.
2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking conges-
tion will not result; the public health, safety, and
general welfare are protected; and no harm to adj acent
properties will result in that the redevelopment project
will not contain a large bar area that could potentially
function as a stand alone bar use, the proposed hours of
use will not conflict with office and retail uses on site
and will not result in excessive noise and traffic during
late evening and early morning hours and the location of
the restaurant on the front of the site will encourage
customer access from the major arterial.
3. The welfare of neighborhood residents will not be adverse-
ly affected in that as indicated the restaurant will be
located on the front of the site and will not require ex-
tensive vehicle use of residential side streets. The re-
placement project will be much smaller than the existing
restaurant use and should therefore result in less poten-
tial adverse impacts.
4. The granting of the license will not contribute to an un-
due concentration of alcohol outlets in the area in that
the restaurant use is intended as a replacement project.
The existing restaurant contains a full scale liquor
license and therefore the new restaurant will not increase
the amount of alcohol outlets in the area.
5. There will be no detrimental affect on nearby residential-
ly zoned neighborhoods considering the distance of the
alcohol outlet to residential buildings, churches,
schools, hospital, playgrounds, parks, and other existing
alcohol outlets in that the restaurant is located adjacent
to the Wilshire Boulevard frontage, is separated from
residential uses to the north by a 15 foot wide alley and
does not contain customer entrances adjacent to the
residential uses. Provided vehicle access is provided
exclusively from Wilshire Boulevard, restaurant customers
will not be required to circulate through adjacent
residential neighborhoods.
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PERFORMANCE STANDARD PERMIT FINDINGS
1. The proposed use is listed as a use permitted pursuant to
performance standards contained in Chapter 10 of the city
of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, in that SMMC Section 9050.11 provides for the
development of residential uses in commercial districts
because of their convenience to commercial uses and to
ensure that an appropriate amount of housing is maintained
throughout the entire City.
2. The proposed use conforms precisely to the performance
standards for the proposed use as outlined in Chapter 10
of the City of Santa Monica Comprehensive Land Use and
zoning Ordinance, in that development standards pertaining
to the location of units , unit access, vehicle parking,
noise insulation, lighting, design of units, landscaping,
refuse storage and setbacks have been complied with.
3. The physical location of placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the residential units will
be accessed separately from the commercial floor areas,
will contain sound absorbency walls, will contain adequate
setbacks from the surrounding transportation thoroughfares
and will contain adequate residential parking.
CONDITIONS OF APPROVAL
1. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing exclusive
right turn lanes in both eastbound and westbound direc-
tions at the intersection of Wilshire Boulevard and 26th
street that can be accomplished through restriping.
2. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing exclusive
right turn lanes in the eastbound and westbound directions
and of providing a left turn through lane and right turn
lane in both the northbound and southbound direction at
the intersection of Wilshire Boulevard and 23rd Street
that can be accomplished through restriping.
3. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing an exclusive
left turn lane a through/right turn lane at the'intersec-
tion of Santa Monica Boulevard and 23rd Street that can be
accomplished through restriping.
4. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall water the construction site
twice daily to reduce dust generation and increase water-
ing frequency when winds exceed 15 mph. As an alterna-
tive, biodegradable soil stabilizers could be used along
dirt access roads and portions of the site not in current
excavation.
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5. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cease grading operations when
winds exceed 30 miles per hour (wind speed common during
Santa Ana conditions).
6. To mitigate short term air quality impacts identified in
EIR 91.6, establish an on-site speed limit for construction
vehicles of 15 mph.
7. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cover stockpiled materials to
prevent excess dust.
8. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cover trucks during transpor-
tation of excess dirt.
9 . To mi tiga te short term air quality impacts identified in
EIR 916, the applicant shall operate all diesel-operated
construction equipment with a four degree ignition retard.
10. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall use low sulfur fuel and prop-
erly maintain and operate all construction equipment.
Turn off engines when not in use for more than five
minutes.
II. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall schedule construction related
trips during non-peak hours to reduce peak hour emissions.
12. To mitigate short term noise impacts identified in EIR
916, the applicant shall adhere to the ci ty I S Municipal
Code requirements and Ordinance 1458 regarding time limits
for construction.
13. To mitigate short term noise impacts identified in EIR
916, the applicant shall equip each internal combustion
engine with a muffler of a type recommended by the
manufacturer.
14. To mitigate short term noise impacts in EIR 916, the ap-
plicant shall enclose stationary generator engines with
the proper engine housing at all times.
15. To mitigate long term I ight and glare impacts identified
in EIR 916, the applicant shall make use of glass that has
minimum reflective capabilities for the rooftop skylight
and for windows throughout the building.
16. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall provide no more than 25%
glass on the rear building facade.
17. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall use light building
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materials and avoid the use of mirrored or darkly-tinted
exterior glass.
18. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall direct exterior lighting
toward the project and away from residential uses located
to the north. Floor lighting shall be prohibited.
19. To mitigate potential impacts identified in EIR 916, the
applicant shall submit to the Parking and Traffic Engineer
prior to issuance of building permits for approval a park-
ing validation plan that indicates that manner in which
employees and customers will be notified regarding the
availabil i ty of val ida ted parking and the time periods
during which it will be provided.
20. The Architectural Review Board, in its review shall pay
particular attention to the project's pedestrian orienta-
tion and amenities~ scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping. As part of it's re-
view; the Board shall pay particular attention to the
landscaping and pedestrian walkway located along Wilshire
Boulevard, Twenty-Third Street and Twenty-Second Street.
A minimum 10 foot average setback shall contain appropri-
ate landscaping materials without precluding pedestrian
access.
2l. If prior to the time that final building permits are is-
sued for the building, the city has revised the code land-
scaping requirement pertaining to the provision of an
average IO foot landscaping setback, to require less land-
scaping adjacent to a public right-of-way, the applicant
shall revise the landscaping plans to provide compliance
with the code revision.
Plans
22. This approval is for those plans dated October I, 1991, a
copy of which shall be maintained in the files of the city
Planning Division. project development shall be consis-
tent with such plans, except as otherwise specified in
these conditions of approval.
23. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, ( Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of santa Monica.
24. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
25. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subj ect to Planning Commission
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Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning commission,
Architectural Review Board or Director of Planning.
26. Construction period signage shall be subj ect to the ap-
proval of the Architectural Review Board.
27. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
28. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing: and landscaping. As part of it's re-
view, the Board shall pay particular attention to the
amount of landscaping located along Wilshire Boulevard,
Twenty-Third street and Twenty-Second street. A minimum
10 foot average setback shall contain appropriate land-
scaping materials. The Architectural Review Board shall
attempt to approve plans that reduce the perceived visual
bulk and mass of the structure when viewed from Wilshire
Boulevard.
29. The residential units shall have a separate and secured
entrance and exit that is directly accessible to the
parking.
30. The residential units shall be provided two parking spaces
per unit that are clearly marked for residential use only.
31. The residential units shall be constructed so that interi-
or noise levels do not exceed 55 decibels for more than 60
minutes in any 24 hour period and 45 decibels for more
than 30 minutes between the hours of 11:00 p.m. and 7:00
a.m.
32. The residential units shall contain exterior lighting that
complies with Section 9040.7
33. The second floor area of the building that will accommo-
date the residential units shall contain an exterior ap-
pearance and character which denotes it as housing.
34. Landscaping or another suitable noise buffer shall be
placed adjacent to the residential units to reduce noise
and to provide a neighborhood friendly development.
35. The residential units shall maintain a separate refuse
storage container separate from the storage container used
wi th the commercial floor area. The container shall be
clearly marked for residential uses only.
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36. The residential units shall maintain a minimum average 10
foot setback but in no case less than 5 feet from all par-
cel lines.
37. The restaurant hours of operation shall be limited to
11:00 a.m. to 11:00 p.m. Sunday through Saturday.
38. No alcoholic beverages shall be sold prior to 11:00 a.m.
daily or after 11:00 p.m., daily.
39. The restaurant operator shall control noisy patrons leav-
ing the restaurant.
40. The premises shall have the capability to serve food to
patrons during all hours the establishment is open for
customers.
4l. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
42. Seating arrangements for all restaurant floor area(s)
shall not exceed 160 seats and the number of total seats
shall not be expanded by more than 10% unless approved by
the Director of Planning.
43. Take out service shall be only incidental to the primary
sit-down use.
44. No alcoholic beverage shall be sold for consumption beyond
the indoor premises.
45. No dancing or live entertainment shall be permitted on the
premises unless required permits are obtained.
46. The restaurant operation shall at all times be conducted
in a manner not detrimental to surrounding properties or
residents by reason of lights, noise, activities, parking,
or other actions.
47. The operation of the restaurant must be commenced wi thin
six months from the issuance of the certificate of Occu-
pancy issued for the commercial portion of the building.
This time limit may for good cause be extended pursuant to
SMMC Section 9114.6.
Fees
48. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air qual i ty impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the city. This ordinance may require that the owner of
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the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
49. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
50. until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
51. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordnance
1242(CCS).
52. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permi tted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
53. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
54. Prior to issuance of a Certificate of Occupancy for this
project, the project shall comply with any ordinance adop-
ted by the city Council to implement Program 10 of the
Housing Element. In the event that such an ordinance has
not been adopted prior to the issuance of a certificate of
Occupancy for this development proj ect, this condition
shall be of no further force and effect. Failure to adopt
and implementing ordinance to comply with any other condi-
tion imposed in connection with Program 10 of the Housing
Element.
Construction
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55. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
56. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
57. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
58. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
59. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect j 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the pUblic street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pi1e-
driving operations; 6) Describe the length and number of
any tiebacks which must extend under the property of other
personsj 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Describe
anticipated construction-related truck routes, number of
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling;
10) State whether any construction activity beyond normal-
ly permitted hours is proposedj 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security 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.
60. A sign shall be posted on the property in a manner consis-
tent with the public hearing 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 during the construction period. Said sign
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shall also indicate the hours of permissible construction
work.
61. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
62. 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.)
63. Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will not
result in a new increase in wastewater flows. Flow from
existing occupancies which will be removed as part of the
new development may be deducted from flow attributable to
the new development if such occupancies have been occupied
within one year prior to issuance of a Building Permit for
the proposed project. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
guidelines developed by the General Services Department.
64. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, proj ect owner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans,
and glass to be recycled; 2) location of recycling 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.
65. To mitigate circulation impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
transportation demand management plan to the Department of
General Services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of designated
person(s) responsible for coordinating transportation de-
mand management measures at the development. 2) Demand
management measures to be employed at the site to reduce
circulation impacts which would otherwise occur. Such
measures may include, but are not limited to programs ad-
dressing: A. Education and Marketing to alert employees
and visitors to the site to demand reduction programs and
incentives; B. Parking Management such as parking charges
for single-occupant vehicles, reduced rates for car and
vanpoolsi C. Ridesharing programs such as a rideshare
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ma tching program , incentives, and car and vanpool sub-
sidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors; E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers; F. Alternative
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing within three miles of the project site. The goal
of the Transportation Demand Management Plan shall be to
reduce vehicle trips which would otherwise occur by twenty
percent.
66. Landscaping plans shall comply with Subchapter 5B (Land-
scaping Standards) of the zoning ordinance including use
of water-conserving landscaping materials, landscape main-
tenance and other standards contained in the Subchapter.
Miscellaneous Conditions
67. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
68. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
69. No medical office use shall be permitted at the site un-
less additional parking spaces are created to comply with
the Code parking requirement.
70. If any archaeological remains are uncovered during excava-
tion 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 proj ect ' s
owner I s expense. A determination shall then be made by
the Director of Planning to determine the significance of
the survey findings and appropriate actions and require-
ments, if any, to address such findings.
71. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with SMMC section 9040.13-
9040.~5. Refuse areas shall be of a size adequate to meet
on-site need, including recycling. The Architectural Re-
view Board in its review shall pay particular attention to
the screening of such areas and equipment.
72. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
Validity of Permits
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. .
73. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
74. within ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall sign
and return a copy of the statement of Official Action pre-
pared 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, ap-
plicant shall not thereby waive any legal rights applicant
may possess regarding said conditions. The signed state-
ment shall be returned to the Planning Division. Failure
to comply with this condition shall constitute grounds for
potential permit revocation.
75. This permit shall become effective immediately, and shall
expire in 90 days from the date of City Council action.
Parking/General Services
76. The applicant shall comply with the General Services De-
partment to provide a 2'611 wide dedication to run adjacent
to the 15 foot wide alley. This dedication shall be pro-
vided prior to issuance of building permits.
77. The applicant shall install directional signage at the
parking garage exists that indicates right-turn-only vehi-
cle movement may be made onto Twenty-Third Street and onto
Wilshire Boulevard.
78. The applicant shall install a curved raised median strip
at the parking garage exit that forces vehicles to make a
right-turn-only onto Twenty-Third Street and onto Wilshire
Boulevard. The specifications of the curved median strip
shall be approved by the Parking and Traffic Engineer
prior to issuance of building permits.
79. To mitigate transportation impacts identified in EIR 916,
and by the City council on May 22, 1990, the development
shall contain a subterranean parking garage driveway aisle
along Wilshire Boulevard that provides ingress to both
eastbound and westbound traffic. Vehicles exiting the
garage on Wilshire Boulevard shall be restricted to a
right turn only movement. A one way driveway exit that
provides egress onto Twenty-Third street shall also be
provided. There shall be not vehicle ingress shown on
Twenty-Third street and no ingress/egress shown on Twenty
Second Street.
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. .
PROJECT MITIGATION FEE CONDITION
80. In accordance with sections 9046.1 - 9046.4 of the Santa
Monica Hunicipal Code, prior to issuance of a building
permit the developer shall execute an irrevocable letter
of credit or other form of security acceptable to the City
for the payment of an in-lieu fee for housing and parks
equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00/sq.ft. for the
remaining net rentable office floor area. This fee shall
be adjusted for inflation by the percentage change in the
Consumer Price Index ("CPI") between October 1984 through
the month in which the payment is made. Upon mutual
agreement of the developer and the city, the developer may
satisfy the Project Mitigation measures by providing low
and moderate income housing or developing new park space
on or off the project site. To fulfill this obligation an
agreement shall be secured in writing by the developer and
approved by the city Attorney and city staff prior to is-
suance of a building permit.
Monitoring of Conditions
81. Pursuant to the requirements of Public Resources Code Sec-
tion 21081.6, the City Planning Division will coordinate a
moni taring and reporting program regarding any required
changes to the proj ect made in conjunction with proj ect
approval and any conditions of approval, including those
conditions intended to mitigate or avoid significant ef-
fects on the environment. This program shall include, but
is not limited to, ensuring that the Planning Division
itself and other City divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the Community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, certifi-
cate 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 written report
submitted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
VOTE
Ayes: Abdo, Holbrook, Katz, Vazquez, Zane
Nays: Genser, Olsen
Abstain:
Absent:
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.
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Honica Comprehensive Land Use and Zoning Or-
dinance, 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 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the City Council of the
City of Santa Monica.
~LgA~ /-/S--9,2-
- signature / date
Clarice E. Dykhouse, City Clerk
Please Print Name and Title
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
PC/sa91003
BA:12/05/91
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