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SR-102792-7A LUTM:PB:DKW:DM/ccsr9084.pcword.plan Council Mtg: october 20, 1992 7-R OCT 2 0 1992 Santa Monica, California n I"T ",.., '0....... Ul..,I;. {IY' v,,~ TO: Mayor and City council FROM: City staff SUBJECT: Appeal of Planning Commission Approval of a Conditional Use Permit to Allow the Construction of a Ten-Unit Condominium at 1702 Appian Way. Applicant: Santa Monica Hotel Associates, Ltd. Appellant: Sharon Gilpin INTRODUCTION This report recommends that the city Council deny the appeal and uphold the Planning Commission approval of Conditional Use Permit 90~084 to allow the construction of a two-story, ten-unit condominium with a 24-space subterranean parking garage at 1702 Appian Way. At the Planning Commission meeting of March 25/ 1992, the Commission approved the project by a vote of five in favor and one against, with one commissioner absent. The Planning staff recommended approval of the conditional USg Permit. An appeal of the Planning Commission approval has been filed. BACKGROUND The proposed project was originally scheduled for Planning Comm~ssion review on January 30, 1991. Just prior to the Commission hearing, it was determined that the 361 tall structure was inconsistent with the Land Use Element/Oceanfront District height limit of 30 I. At that time, the applicant agreed to redesign and continue the project to a future hearing. Over the - 1 - 7-1} OCT ') ,-., ., ~fiQ2 ,. , OCT"' f\ iM? L" v Iv....... ~ , ~> , . . next few months, staff had several contacts with the applicant regarding a redesign of the project. As stated in a letter from the applicant dated April 11, 1991, the applicant agreed to redesign the project as suggested by staff in order to conform to the General Plan. On June 7, 1991, staff received a letter from the applicant stating that he was redesigning the proj ect in order to conform with the General Plan and would submit revised plans in one to two weeks. In August of 1991, the applicant met with staff and proposed a two-story, 30' tall, four-unit condominium. It was the applicant I S intent to process the four-unit proj ect under the original application. Following the August meeting with the applicant, staff reviewed the four-unit proposal with the City Attorney's office and it was determined that the revised project would constitute a substantial change and therefore require a new application. The new application would be subject to Proposition R, so the applicant would be required to provide on-site inclusionary units. Under the original application, the applicant had the option of either providing the inclusionary units or paying an in-lieu fee. On October 14, 1991, in spite of staff's direction, the applicant submitted a letter to staff stating that the applicant intended to pursue the original project as submitted and requesting that the item be set for planning Commission hearing. On January 8, 1992, the Planning Commission reviewed the proposed 3-story, 12- unit design, and based on the fact the the project was inconsis- tent with the Land Use Element of the General Plan, directed the .. ~~ "' .. , ') - 2 - applicant to redesign and return with a proposal that was consis- tent with the Oceanfront District standards in the Land Use Ele- ment. The Planning commission continued the item to March 25, 1992. At the Planning Commission meeting of March 25, 1992, the Commis- sion approved a Conditional Use Permit for the proposed ten-unit, two-story condominium building subject to the findings and condi- tions contained in the attached statement of Official Action (At- tachment A). A more complete project description is contained in the attached Planning Commission staff Report (Attachment B). In a separate action, the Commission also approved a motion direct- ing the Landmarks Commission to review the potential historic significance of the two existing structures on the property, which were built in 1922. On April 8, 1992, Planning Commissioner Sharon Gilpin appealed the approval of the Conditional Use Permit based on her concern about the demolition of the two existing structures. Commis- sioner Gilpin contends that the issue of the historic sig- nificance should be addressed prior to the approval of the re- placement project. There are no requirements in the City'S rules and regulations to review the historical significance of the ex- isting structure prior to the approval of the Conditional Use Permit. Moreover, according to section 9048.1(d) of the Santa Monica Municipal Code (Attachment C), no demolition of buildings or structures built prior to 1930 shall be permitted unless the - 3 - demolition permit application is reviewed by the Landmarks Com- mission and no application for landmark designation is filed within 30 days from receipt of a complete application. The Landmarks Commission normally reviews the potential historic significance of a building when an applicant applies for a de- molition permit. At this time a demolition permit has not been filed. However, based on the Planning commission I s direction, the Landmarks commission reviewed the buildings on August 10, 1992. The Landmarks Commission concluded that based on the ar- chitectural quality of the buildings, they did not believe that the buildings would merit designation as a City landmark. However, the Commission stated that if the buildings were in- cluded in the final results of the Phase III Historic Resources Inventory, they would be eligible for structure of merit designation. Conclusion The project is a permitted use in the proposed location and is consistent with the R3 standards contained in the Zoning Or- dinance. As designed, the project complies with the 301 height limi t contained in the Oceanfront District of the Land Use and circulation Element of the General Plan. The propo~ed two-story, ten-unit development is similar to the original three-story, twelve-unit proj ect in terms of building footprint and design. The City Attorney I s office has indicated that the redesigned project could be considered by the Planning commission under the original application. - 4 - The Planning Commission approval of the project was based on the fact that the proposed building is consistent with the standards contained in the Zoning Ordinance for the R3 District and the Land Use Element of the General Plan for the Oceanfront District, and is compatible with the surrounding area. Therefore, staff is recommending that the Council deny the appeal and uphold the Planning commission approval of the project. The appeal of the Planning commission approval is based on the appellant's contention that the historic significance of the ex- isting buildings should be determined prior to approval of the replacement project. Based on established City procedure for reviewing the historic merit of an existing building, the issue is considered at the time the applicant applies for a demolition permit and is separate from the conditional Use Permit process. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the Council deny the appeal and uphold the Planning Commiss.ion approval of Conditional Use Permit 90-084 subject to the findings and conditions contained in the attached Planning Commission statement of Official Action. Prepared by: D. Kenyon Webster, Planning Manager David Martin, Associate Planner Planning Division Land Use and Transportation Management Department - 5 - Attachments: A. Planning Commission statement of Official Action B. Planning Commission Staff Report C. Section 9048.1 (SMMC) OM PC/CCSR9084 10/13/92 - 6 - ATTACHMENT A . OG0~0 I.On PLANNING COMMISSION STATEMENT OP OFPICIAL ACTION PROJECT NUMBER: conditional Use Permit 90-084 LOCATION: 1702 Appian Way APPLICANT: Santa Monica Hotel-Associates, Ltd. CASE PLANNER: David Martin, Associate Planner REQUEST: Application for a conditional Use Permit and a Vesting Tentative Tract Map to allow the con- struction of a ten unit condominium. PLANNING COMMISSION ACTION 03/25/92 Date. xx Approved based on the following findings and subject to the conditions below. Oenied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: 04/08/92 04/04/92 Case 'CUP 90-084 Case 'VTTM 50234 EXPIRATION DATES OF ANY PERMITS GRANTED: 04/08/94 04/04/94 Case #CUP 90-084 Case 'VTTM 50234 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE 3 Months Case #CUP 90-084 3 Years Case 'VTTM 50234 CONDITIONAL USE PERMIT FINDINGS 1. 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 - 1 - C===7 Use and Zoning Ordinance", in that the project is consis- tent with the R3 District standards. 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 project is consistent with the height limit established by the Land Use and circulation Element of the General Plan for the Oceanfront District. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is a 15,000 square foot parcel and can accommodat~ ~2 units. 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 all existing land uses would be removed. 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 area is a mix of hotels and residential buildings. 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 the development is an in-fill of urban land ade- quately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site is adequately served by existing 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 there are a variety of building heights, lot coverage factors, and uses in the area, including large multi-family uses, hotels, and sin- gle family buildings. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the building complies with the 30' height limit for the Oceanfront District. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that it is consistent with adopted policy set forth by the Land Use Element of the General PIan. 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 no Performance Standard Per- mit is required. r~~ '') J v ... _ \,J - 2 - 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is a residential district and the project would not result in an overconcentration of such uses. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, toqether with its prov~s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that the project complies with the Land Use Element standards for the Oceanfront District and the zoning Ordinance requirements for the R3 District. 2. The site is physical~y ~uitable for the proposed type of development, in that it is a standard 15,000 square foot lot with no unusual characteristics. 3. The site is physically suitable for the proposed density of development, in that a 12 unit development is permitted by the R3 District standar.ds of the Zoning Ordinance and the Oceanfront District standards contained in the Land Use and Circulation Element of the General Plan. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat, in that the proposed project is an in-fill of urban land that does not currently support fish or signif- icant wildlife. 5. The - design of the subdivision or the type of improvement will not cause serious public health problems, in that the construction of a 10 unit residential project will not cause public health problems. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision, in that there are not easements through the subject property. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 01/16/92, a copy of which shall be maintained in the files of the City Plan- ning oivision. Project development shall be consistent with such plans, except as otherwise specified in these conditions cf approval. 2. The Plans shall comply with all other prov~s~ons of Chap- ter 1, Article IX of the Municipal Code, (Zoninq Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. - 3 - n 'J'~'" J '-' .~ ~ 3. Final parking lot layout and specifications shall be sub- ject 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. 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. Architectural Review Board 5. 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 requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- ceSSibility requirements. 6. In addi tion to other landscaping requirements, the Ar- chitectural Review Board, in its review, shall ensure that at least 50% of the required front yard setback and 50% of the unexcavated side yard setbacks shall be adequately landscaped. 7. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 8. 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. 9. construction period signage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 11. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, inpluding 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 - 4 - 0:1'" , 0' ..... v ~ noise and visual impacts to surrounding properties. Un- less 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 lo- cated on the roof. 12. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review shall pay particu- lar attention to the location and screening of such meters. Fees 13. 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 units on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal~Code. Demolition 14. 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. IS. 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 Ordinance 1242 (ees). 16. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 17. 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. 18. No demolition of Duildings or structures built prior to 1930 shall be permitted until the end of a 30-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If - 5 - .... ,.. ~ ~ (;J_.1.1. an application for landmark designation is filed, no de- molition shall be approved for 90 days from receipt of a complete application for demolition, or upon the deter- mination by the Landmarks Commission that the application for landmark designation does not merit formal consider- ation, whichever is sooner. Construction 19. 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. 20. 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. -21. 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. 22. 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. 23. 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. The ap- proved 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 nlJmhers of all contractors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existing structures is to be accomplished: 3) Indicate where any cranes are to be located for erec- tion/construction; 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 pile-driving operations: 6) Describe the length and numher of any tiebacks which must extend under the property of other persons: 7) Specify the na- ture and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated contruction- 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 acti vi ty beyond normally permitted hours is proposed; 11) Describe any proposed construction noise - 6 - ~,... . J G.....lv~i.J mitigation measures: 12) Describe const~cti~n-period securi ty measures including any fencing, ll.qht~ng, 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. 24. 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 nl11fther of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 25. 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 26 . Ultra-low flow plmfthinq 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.) - 27. Parking areas and structures and other facilities generat- ing wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be in- stalled and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be re- qu~red. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The General Services Department will set specific requirements. Building Per- mit plans shall show the required installation. Miscellaneous CUP Conditions 28. 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 projectls owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 29. street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per - 7 - 0.:1=_3 the specifications and with the approval of the Department of General Services. 30. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed a height of 42tt above actual grade of the property. 31. A security gate shall be provided across the opening to the subterranean qarage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular ac- cess to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. Validity of Permits 32. In the event permittee violates or fails to comply with any conditions of approval-of this permit, no further per- mits, licensesI' approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 33. 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 prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant 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. 34. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the project prior to the expiration date. One three-month extension of the two year periOd may be permitted if approved by the Director of Planning. Applicant is on notice that exten- sions may not be granted if development standards relevant to the project have changed since project approval. 35. Within thirty (30) days after final approval of the proj- ect, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in ac- cordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued - 8 - G Jr'- .... . i I ~ _ ~ for the project. The sign shall be removed promptly when a building permit is issued for the proj ect or upon ex- piration of the Conditional Use Permit. Inclusionary Unit Condition 36. 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 a part of the deed of the property to ensure that three affordable units are provided and maintained over time and through subsequent sales or the property. An inclusionary requirement of thirty percent, excluding any density bonus units, under State Government Code Sec- tion 65915, shall apply to the project of which at least twenty percent of the total project units shall be afford- able to households not exceeding sixty percent of the (HOD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding 100% of the CHUD) Los Angeles County median income, expending not over 30t of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants I' establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Division with a con- formed copy of the recorded agreement prior to approval of the F~nal Map. This provision is intended to satisfy the inclusionary housing requirements of the Housing Element of the General Plan of the City of Santa Monica. Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of planning compliance with Ordinance 1519 (CCS) , which provides implementation standards for this program. This section allows the payment of fees in lieu of provision of inclusionary units, which fees shall be secured by an irrevocable letter of credit in favor of the City for the total amount of the obligation prior to is- suance of a building permit. Pees must be paid in full prior to issuance of a certificate of occupancy. special Conditions 37. The project shall contain at least two, three-bedroom units. This condition may be met by eliminating up to two - 9 - GJ=~3 units or by converting two bedroom units to one bedroom units. 38. Planning Commissioner Don Nelson shall be notified of the Architectural Review Board hearing. 39. The ARB shall pay particular attention to the front planters to ensure that at least 50' of the front yard is devoted to planting. 40. The driveway to the subterranean parking garage shall be relocated so that no portion of the driveway is within the 20' front yard setback area. 41. The ARB shall pay particular attention to ensure that the proposed window and door frame material is wood. 42. The ARB shall pay particular attention to ensure that the proposed building design is compatible with the surround- ing neighborhood. ~ENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approyed by the City Engineer. 2. A subdivision improvement agreement for all off site im- provements requi~ed by the city Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. No building permit for the project will be granted until such time as the final map is approved by the Santa Monica City Council. 4. In submitting required materials to the Santa Monica En- gineering Division for a final map, applicant shall pro- vide a copy of the approved statement of Official Action. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & Rls shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). - 10 - G"'.,........... · J "" _..' 6. The developer shall provide for pa}'lDent of a condominium Tax of $1,000 per saleable residential unit per the provi- S10ns of Section 6651 et seq. of the Santa Mon1ca Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SHMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Hap for City council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Hap Act. 9. One ~ylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Re- corder prior to issuance of any building permit for a con- dominium project pursuant to Government Code section 66499.30. Applicant shall also provide the County with a copy of this Statement of Official Action at the time the required copies of the map are submitted. 10. A copy of the recorded map shall be provided to the Plan- ning and Zoning Division before issuance of a Building permit. 11. Pursuant to Section 9366 (SMMC) , if the subdivider or any interested person disagrees with any action by the Plan- ning Commission with respect to the tentative map, an ap- peal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day periOd from the Commissionls decision on the tentative map. VOTE Ayes: Nays: Abstain: Absent: Nelson, Mechur, Polhemus, Pyne, Rosenstein Gilpin Morales NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica 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. - II - .. G,... - , ---:-' vv__1 I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the city of Santa Honica. 4// J //"'7-, date - , - ph Mechur, Chairperson ease Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to cODlply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PCjSCUP9084 OM - 12 - O ~... . 3 J", _ LPB PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Development Review 91-009 LOCATION: 1920 Colorado Avenue CASE PLANNER: The Copley Press, Inc. David Martin, Associate Planner APPLICANT: REQUEST: Application for a Development Review to permit the expansion of an existing non-conforming office use in the Ml District. PLANNING COMMISSION ACTION 04/01/92 Date. xx Approved based on the following findings and subject to the conditions below. Denied~ Other. EFFECTIVE DATE OF ACTION IF NOT APPEALED: 04/15/92 Case #DR 91-009 EXPIRATION DATE OF ANY PERMITS GRANTED: .04/15/93 Case #DR 91-009 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) :3 Months Case #DR 91-009 DEVELOPMENT REVIEW FINDING ~. The physical location, size, massing, and plaoement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the area contains a mix of office and manufactur- ing uses. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the building is ade- quately served by existing streets. - 1 - G - - . J ...;~.J _ .. 3. 4. 5. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to acconrmodate the new development, in that the proposed project is located in an area adequately served by exist- ing infrastructure. 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 is not subject to any mitigation measures. The proj ect is generally consistent wi th the Municipal Code and General Plan, in that the expansion of the office use is permitted in the Ml District with the approval of a Development Review permit. Plans CONDITIONS 1. This approval is for those plans dated 10/01/91, a copy of which shall be maintained in the files of the City Plan- ning Division. Project d~velopment 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 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. 3. Final parking lot layout and specifications shall be sub- ject 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. A significant change in the approved concept shall be subject to Planning Commission Rev iew . Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board 5. 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 requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. OG:"'J - 2 - 6. Construction period signage shall be subject to the approval of the Architectural Review Board. 7. Plans for final design, landscaping, screening, trash en- closures I' and signage shall be subject to review and ap- proval by the Architectural Review Board. 8. The Architectural Review Board, in its review, shall pay particular attention to the projectts pedestrian orienta- tion and amenities: scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. 9. Landscaping plans shall comply with Subchapter SB (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 10. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC section 9040.13-9040.15. 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 surrounding properties. Un- less 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 lo- cated on the roof. Fees 11. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality 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 the proposed proj ect pay such new development fees, and that employers, where applicable, within the project pay such new annual employer fees related to the Cityts Transportation Management Plan. Development applications shall not be subject to the potential new development fee if no ordinance implementing such fees has been adopted prior to issuance of a building permit for the project. - 3 - c. - ,.......... Ii vJ~_J Construction 12. 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. 13. 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. 14. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure coverin9 to minimize_dust emissions. 15. street trees shall be maintained, relocated or provided as required in a manner consistent with the city's Tree Code COrd. 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. 16. A construction period mitigation-plan shall be prepared by the applicant for approval by the Oepartment of General Services prior to issuance of a building permit. The ap- proved mitigation plan shall be posted on the construction 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 sub- contractors as well as the developer and architect: 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 sidewalk is proposed to be used in conj unction with construction: 5) Set forth the extent and nature of any pile-driving 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 contruc- tion-related truck routes, number of truck tripsT 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) Oescribe any proposed construction noise mitigation~-measures; , 12) Describe construction-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. - 4 - G:J: ~2 17. A sign shall be posted on the property in a manne~ consis- tent with the public hearing sign requirements wh~ch 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 shall also indicate 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 during con- struction at the project site. The pages shall be lami- nated 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 plll~hing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Automatic shutoff faucets shall be installed on all sinks unless otherwise approved by the General Services Department. 20. To mitigate solid waste impacts, prior to issuance of a Certificate of occupancy, project 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 recyling 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. 21. To mitigate circulation impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a transportation demand managment plan to the Division of Parking and Traffic Engineering for its approval. This plan shall include: 1) Name, address and telephone number of designated person(s) responsible for coordinating transportation demand managment measures at the develop- ment. 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 addressing: 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 vanpools~ C. Ridesharing programs such as a rideshare matching program, incentives, and car and vanpool subsidies; D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens and passes to employees and visitors~ E. Bicycling programs such as provision of secure bicycle storage facilities, provision of showers and lockers~ F. Alterna- tive Work Schedules for buildinq employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip - 5 - ()"A -') J ~ _.) 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. Miscellaneous Conditions 22. The building address sha~l be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 23. 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. 24. No medical office use shall be permitted at the site. 25. street and/or alley lighting shall be provided on public rights-of-way adjacent to tne project if and as needed per the specifications and with the approval of the Department of General Services. Validity of Permits 26. In the event permittee violates or fails to comply with any conditions of approval ~f this permit, no further per- mi ts I' 1 icenses , approvals or 'Certi fioates of occupancy shall be issued until such violation has been fully remedied. 27. 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 prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 28. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. Any ~ppeal must--be made in the form required by the Zoning Administrator. The approval of this permit shall expire one-year from the permit's effective date, unless, in the case of new developmentT a building permit has been obtained, or in the case of a change of use, a business license has been issued and the use is in operation prior to the permit expiration date. One three-month extension of the one year period may be permitted if approved by the - 6 - f " -...... ~. .;J..... _ t Director of Planning. extens ions may not be relevant to the project project approval. Applicant is on notice that time granted if development standards have become more restrictive since Special Condition 29. If in the future, the applicant loses the right to use the railroad ROW for parking I' the applicant shall either ob- tain a parking Variance or replace the nmnher of spaces on site. 30. The parking lot shall be restriped to provide 20 addition- al spaces. VOTE Ayes: Nays: Abstain: Absent: Gilpin, Mechur, Morales, Nelson, Rosenstein Polhemus, Pyne, NOTICE If this is a final decision not subject to further appeal under the ci ty of Santa Monica 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 l094.6, 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 Planning Commission of the city of Santa ~onica. J2J )(hi /,~ dat'E; I I. Ra ph Mechur, Chairperson PI ase Print Name and Title - 7 - . GJ: -,\ 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/STDR9109 DM r"~ " v ,j.y .. ,) - 8 - ATTACHMENT B o J ~ -_ 7 7A CITY PLANNING DIVISION Land Use and Transportation Manaqement Department MEMORANDUM DATE: March 25, 1992 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: Conditional Use Permit 90-084 Vesting Tentative Tract Map 50234 Address: Applicant: 1702 Appian Way/1703-1711 The Promenade Santa Monica Hotel Associates, Ltd. SUMMARY Action: Application for Conditional Use Permit and a Vesting Tentative Tract Map to allow the construction of a ten unit con- dominium. The proposal is cons istent with the R3 Development standards and the Oceanfront District Land Use Element requirements. Recommendation: Approval with Conditions Permit streamlining Expiration Date: May 6, 1991 Subdivision Action Deadline: extension) February 28, 1991 (wi th 60 day SITE LOCATION AND DESCRIPTION The subject property is a 15,000 square foot parcel located between The Promenade and Appian Way having a frontage of 120'. Surrounding uses consist of a public parking lot across Pacific Terrace to the north (R3), the Loew's Hotel beach access way on the adjacent lot to the south (RVC), the nine-story, Loew's Hotel across Appian Way to the east (RVC), and the Santa Monica State Beach and Pacific Ocean across The Promenade to the west. Zoning District: R3 Land Use District: Oceanfront District Parcel Area: 120' X 125' = 15,000 square feet Gel: _3 - 1 - PROJECT DESCRIPTION Proposed is the demolition of two residential buildings with five units, removed from Rent Control via the Ellis Act, and the con- struction of a two story, 30' tall, ten unit condominium building with a 24 space subterranean parking garage accessed from Pacific Terrace. The project would include ten flats with five units on each floor. Eight of the ten units would be similar in design, with two bedrooms and two bathrooms each. The two remaining uni ts would be one bedroom units. No lofts are proposed. A large roof deck would include a common sundeck and spa. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt from the provisions of CEQA, pursuant to Class 3 (14) of the city of Santa Monica Guidelines for Implementation of CEQA. RENT CONTROL STATUS The five residential units were removed from the rental market via the Ellis Act as of May 19, 1990. FEES The project is subject to a Parks and Recreation Facilities Tax of $200 per unit and a Condominium Facilities Tax of $1,000 per saleable unit for a total tax of $12,000. In addition, the proj- ect is required to comply with program 12 of the Housing Element of the General Plan as implemented by Ordinance No. 1519 (CCS), which may be satisfied by providing affordable inclusionary hous- ing on-site or by payment of an in-lieu fee. This fee, prior to adjustment in accordance with changes in the CPI, will be $218,400, based on a gross residential project area of 14,560 square feet. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9130.8, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the Planning and Zoning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code section 9131.5, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius - 2 - G J : -: 3 of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment B. ANALYSIS Background The proposed project was originally scheduled for Planning Com- mission review on January 30, 1991. Just prior to the Commission hearing, it was discovered that the 36' tall structure was incon- sistent with the Land Use Element/Oceanfront District height limit of 3D'. At that time, the applicant agreed to continue the project to a future hearing and redesign. OVer the next few months, staff had several contacts with the applicant regarding a redesign of the project. As stated in the attached letter from the applicant dated April 11, 1991 (Attachment B), the applicant agreed to redesign the project as suggested by staff and conform to the General Plan. On June 7, 1991, staff received a letter from the applicant stating that he was redesigning the project in order to conform with the General Plan and would submit revised plans in one to two weeks (Attachment C) In August of 1991, the applicant met with staff and proposed a two-story, 30' tall, four-unit condominium. (Attachment D). It was the applicant's intent to process the four-unit project under the original application. Following the August meeting with the applicant, staff reviewed the four-unit proposal with the City Attorney's office and it was determined that the revised project would constitute a substantial change and therefore require a new application. The new application would be subject to Proposition R, so the applicant would be required to provide on-site inclu- sionary units. Under the original application, the applicant had the option of either providing the inclusionary units or paying an in-lieu fee. On October 14, 1991, a letter was submitted to staff stating that that it was the applicant's intent to pursue the original project as submitted and requesting that the item be set for Planning Commission hearing (Attachment E). On January 8, 1992, the Plan- ning commission reviewed the proposed 3 story, 12 unit design, and based on the fact the the project was inconsistent with the Land Use Element of the General Plan, directed the applicant to redesign and return with a proposal that was consistent with the Oceanfront District standards in the Land Use Element. The Plan- ning Commission continued the item to March 4, 1992. Project Design Proposed is the construction of a ten-unit condominium building over a 24 space subterranean parking garage accessed from Pacific Terrace. The building would be two stories, 30' in height above an average natural grade of IS.51'. Eight of the ten flats would contain a living room, kitchen, dining areal' two bedrooms and two bathrooms. The remaining two units would contain a living room, kitchen, dining area, a master bedroom and two bathrooms. A com- mon roof deck would include a sundeck and spa. - 3 - G,., - - :1 J..... _ u Parking and Circulation The parking requirements for the project are based on a ratio of two spaces for each of the ten units plus two guest spaces for a total requirement of 22 spaces. A total of 24 spaces would be provided in a subterranean parking garage accessed from Pacific Terrace. Pedestrian access to the garage would be provided by a central stairway and elevator shaft. The proj ect trash area would also be located in the subterranean parking garage. Neighborhood Compatibility The proposed two-story, J 0' condominium would be located in an area that currently contains a mix of buildings ranging in size from two story residential buildings to the nine-story Loew IS Santa Monica Beach Hotel. As stated above, the General Plan designation for the area north of Pico Boulevard, between The Promenade and Appian Way, limits building height to 30'. While the General Plan also limits certain types of buildings in the area to two stories, it states that hotel and residential development heights shall be governed by permitted building height in feet rather than by number of stories. Therefore, the height of the proposed two-story, 30' tall building would be con- sistent with the General Plan in terms of number of stories as well as number of feet. Conclusion The project is a permitted use in the proposed location and is consistent with the R3 standards contained in the Zoning Ordinance. As redes igned I' the proj ect compl ies with the 30 ' height limit contained in the Oceanfront District of the Land Use and Circulation Element of the General Plan. The proposed two-story, ten unit development is similar to the original three-story, twelve unit project in terms of building footprint and design. The City Attorneys office has indicated that the redesigned project could be considered by the Planning Commission under the original application. RECOMMENDATION It is recommended that the Planning Commission approve Condition- al Use Permit 90-084 and Vesting Tentative Tract Map 50234 sub- ject to the following findings: CONDITIONAL USE PERMIT FINDINGS 1. 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 project is consis- tent with the RJ District standards. 2. The proposed use would not impair the integrity and character of the district in which it is to be established - 4 - G ". .. ..... .~ _ .1. * or located, in that the project is consistent with the height limit established by the Land Use and Circulation Element of the General Plan for the Oceanfront District. 3. The subject parcel is physically suitable for the type of land use being proposed, in tha"t it is a 15, 000 square foot parcel and can accommodate 12 units. 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 all existing land uses would be removed. 5. The proposed use would be compatible wi th existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that -the area is a mix of hotels and residential buildings. 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 the development is an in-fill of urban land ade- quately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site is adequately served by existing 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 there are a variety of building heights, lot coverage factors, and uses in the area, including large mUlti-family uses, hotels, and sin- gle family buildings. 9. The proposed use is consistent with the goals, objectives, and policies of the General PlanT in that the building complies with the 3D' height limit for the Oceanfront District. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that it is consistent with adopted policy set forth by the Land Use Element of the General Plan. 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 no Performance standard Per- mit is required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is a residential district and the project would not result in an overconcentration of such uses. - 5 - G '" "'. 'J ... ') .... TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its provision for its design and improvements, is consistent with applicable general and specific plans as adopted by the city of Santa Monica, in that the project complies with the Land Use Element standards for the Oceanfront District and the zoning Ordinance requirements for the R3 District. 2. The site is physically suitable for the proposed type of development, in that it is a standard 15,000 square foot lot with no unusual characteristics. 3. The site is physically suitable for the proposed density of development, in that a 12 unit development is permitted by the R3 District standards of the Zoning Ordinance and the Oceanfront District standards contained in the Land Use and circulation Element of the General Plan. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat, in that the proposed proj ect is an in-fill of urban land that does not currently support fish or signif- icant wildlife. 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that the construction of a 10 unit residential project will not cause pUblic health problems. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision, in that there are not easements through the subject property. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 01/16/92, a copy of which shall be maintained in the files of the City Plan- ning 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 prov~s1ons of Chap- ter 11' Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. - 6 - r:. ~ ... v....~ "'" . 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. 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. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board I' 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 requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 6 . In addition to other landscaping requirements, the Ar- chitectural Review Board, in its review, shall ensure that at least 50% of the required front yard setback and 50% of the unexcavated side yard setbacks shall be adequately landscaped. 7. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 8. 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. 9. Construction period signage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply wi th Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 11. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. 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 surrounding properties. Un- less 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 - 7 - G~: ~.1 water heaters, no residential water heaters shall be lo- cated on the roof. 12. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review shall pay particu- lar attention to the location and screening of such meters. Fees 13. 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 units on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. Demolition 14. 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. 15. 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 Ordinance 1242 (CCS). 16. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 17. 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. 18. No demolition of buildings or structures built prior to 1930 shall be permitted until the end of a 30-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no de- molition shall be approved for 90 days from receipt of a complete application for demolition, or upon the deter- mination by the Landmarks Commission that the application - 8 - r ~_ ,.. - \...oJ... _,) for landmark designation does not merit formal consider- ationI' whichever is sooner. construction 19. 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. 20. 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. 21. 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. ~2. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code COrd. 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. 23. 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. The ap- proved 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 numhers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erec- tion/construction; 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 pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) specify the na- ture and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated contruction- 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 normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting I' and security personnel; 13) provide a drainage plan; 14) Provide a construction-period parking plan which shall - 9 - r ~ ,- 3 'it -'l. "'-' .. minimize use of public streets for parking; 15) List a designated on-site construction manager. 24. 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 shall also indicate the hours of permissible construction work. 25. 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 26. 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.) 27. Parking areas and structures and other facilities generat- ing wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the city sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be in- stalled and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be re- quired. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The General Services Department will set specific requirements. Building Per- mit plans shall show the required installation. Miscellaneous cup Conditions 28. 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 sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 29. 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. 30. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and - 10 0""'" .., 'J", I I fencing, gate, or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 31. A security gate shall be provided across the opening to the subterranean garage. I f any guest parking space is located in the subterranean garage, the securi ty gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular ac- cess to the garage wi thout leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. Validity of Permits 32. In the event permittee violates or fails to comply with any conditions of approval of this permitI' no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 33. 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 prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant 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. 34. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the project prior to the expiration date. One three-month extension of the two year period may be permitted if approved by the Director of Planning. Applicant is on notice that exten- sions may not be granted if development standards relevant to the project have changed since project approval. 35. Within thirty (30) days after final approval of the proj- ect, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in ac- cordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon ex- piration of the Conditional Use Permit. Inclusionary Unit Condition - 11 - OJ"..., 1 ~ - '-- 36. 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 termsI' conditions and restrictions shall be recorded with the Los Angeles county Recorder's Off ice as a part of the deed of the property to ensure that three affordable units are provided and maintained over time and through subsequent sales of the property. An inclusionary requirement of thirty percent, excluding any density bonus units, under state Government Code Sec- tion 65915, shall apply to the project of which at least twenty percent of the total project units shall be afford- able to households not exceeding sixty percent of the (RUD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding 100% of the (HOD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Pinal Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the city Planning Division with a con- formed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the 1nclusionary housing requirements of the Housing Element of the General Plan of the city of Santa Monica. Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with Ordinance 1519 (CCS), which provides implementation standards for this program. This section allows the payment of fees in lieu of provision of inclusionary units, which fees shall be secured by an irrevocable letter of credit in favor of the City for the total amount of the obligation prior to is- suance of a building permit. Fees must be paid in full prior to issuance of a certificate of occupancy. TENTATIVE TRACT MAP CONDITIONS 1. All off s1 te improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. A subdivision improvement agreement for all off site im- provements required by the City Engineer shall be prepared - 12 - QJ:~3 and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code section 66452.6 and sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the city of Santa Monica for approval. No building permit for the project will be granted until such time as the final map is approved by the Santa Monica City Council. 4. In submitting required materials to the Santa Monica En- gineering Division for a final map, applicant shall pro- vide a copy of the approved Statement of Official Action. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the city Attorney. The CC & R' s shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. One mylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Re- corder prior to issuance of any building permit for a con- dominium project pursuant to Government Code section 66499.30. Applicant shall also provide the County with a copy of this statement of Official Action at the time the required copies of the map are submitted. 10. A copy of the recorded map shall be provided to the Plan- ning and Zoning Oi vision before issuance of a Building permit. r. ... ~ ':) uJ.... 'V - 13 - 11. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Plan- ning Commission with respect to the tentative map, an ap- peal or complaint may be filed in writing with the city Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. Prepared by: David Martin, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Letter from applicant dated 04/11/91 C. Letter from applicant dated 06/07/91 D. Alternative project information from applicant dated 08/91 E. Letter from applicant dated 10/14/91 F. Notice of Public Hearing G. Radius and Location Map H. Photographs of site and Surrounding properties I. Plot Plan, Floor Plans and Elevations DM PC/CUP9084A 02/26/92 - 14 - OJ: :1 ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Cateqory Permitted Use Land Use Element Municipal Code Housing Medium-Density MUlti-Family Residential Moratorium status N/A Dwelling Units Height of Building 12 30' Number of Stories N/A Height of Walls, Fences N/A N/A 12 40' 3 stories Not to exceed 42" in front yard, 6' in rear yard, or 8' with adjacent property owner's approval. Setbacks Front yard N/A 20' Sideyard N/A 8.86' Rearyard N/A 15' Projections Into Yards N/A Per Section 9040.18 Lot coverage N/A Parking Access Alley access is encouraged when alley exists. Parking Space Number N/A Trash Area N/A 50% Alley access is required when alley exists, with exceptions per Sections 9044.8-9. 22 Trash enclosure with minimum 5-8' - 15 - project Medium-Density MUlti-Family Condominium 10 units 30' 2 stories 6' along the side and rear property lines: 42" in front yard. 20' Northside - 10.1' Southside - 12.3' 15' Balconies project 30" into front yard and 4 ' into rear yard. 49.1% There is no alley 24 To be located in the subterranean ,.. . '} OJ\. ~..- Mechanical Equip. Screening Front yard Landscaping sideyard Landscaping Unexcavated Sideyard Inclusionary Units/Fee N/A N/A N/A N/A Housing Element requires Program 12 com- pliance solid walls and gate is required. Mechanical equip- ment extending more than 12" above roof parapet shall be fully screened from a horizontal plane. 50% 50% of un- excavated sideyards 4' unexcavated side yard along both side property lines for lots in excess of 70. in width. Must provide 3 deed-restricted, affordable units or pay in-lieu fee of $218,400. (prior to CPI adjustment) - 16 - parking garage. To be screened, subj ect to ARB 50% 50% of un- excavated sideyards 4' unexcavated side yard provided on both sides. will comply with Program 12 requirements per Ordinance 1519 (CCS) G"" '3 f J aJ -to -' ~> C h;: ~ ~ f~ T~~ ~o 218-501-3589 .:,[>~ Ii ,9: 16 :c u...: SAr-~T~ r'v10NICA HOTEL ,~SSOCIATEST LTD.; " - - ..~~ ~, f- , ~- ., -:~~:-~~ -.,. ~: ~~~.,....gj "r S A'l ~-,. ~j..' ~eu's Lilntn if!:w;c(l. 1">[",-1' -.1 Apn...t 11, 1991 Mr. Kenyon Webster Plann~ng DiV1s~on C~ty of Santa Monica 1685 Main Street Santa Monica, ~A 90401 pe::Eerence: CUP 90-084, 1'702 AppJ-an R3 ApplJ-cant: VTTM 50234 Way, 1703/11:1 The Promenade Santa Monica Hotel Assoc~ates, Ltd,. Dear Mr. Webster: Concerning the above referenced p~oject, and 10 con junc- -tion w.Lth the w.!.thc.rawal froITl the Jam;;.ary 30, 1991 Plan- / nl.ng C0l'lf(11SS10n I",ect~ngs. we lI'lill red.;s~gn t.h.e proJect as suqgested by Staff and confor~ to the General Plan. At Staf~'s sugges~lo~, wa will be coordinating with La:-lon13rks Commiss1.on and have discussions with any cor.ce~ned COmMUnlty group for additional input. ;5 th1S w~ll require mo~e ti~e to incorpor.te the new design and wi~l require seem~ngly a fresh start in aesign direct~onl add~t~onal time will b~ r~quired to): resubmittal. Wa understand that we are perm~tted t~ mair.tain the ~xisting appll.cation and J. ts "cieemec complete It date. It t~ere are any appl1cable sta~e or local code6 ~nd ord~nances that ~ill change our existing status, please adVlse us of this at once. Thank you for your as~istance. ,s~;y~ .,~ J1-.--;;. Caplon f1 1', .,.. ... . t U J \" ... (I SWC~sf ~61TB rL "-T.. " SANTA MONICA HOTEL ASSOCIATES, LTD. I'- :.-" - --..I ".l L() ,. .. \1 r - "!~ 1 Lo:u~s .~~1J~~~ I' . - ~- ... '~..;. ~.... '" ~. " -'" .- , I ~. ',~ ~... -~, . ~.;.~ -. - ., -.. ." ~ ~.<;~".<<- o - ,. C~ ~ J.une 7 I' 1991 p, ~"1~L-: ~",..-~-. >->- 3'-.... Mr. David Mart~n, C~ty of Santa Mon~ca Department o~ Planning & Zon~ng Room 212 1685 Main Street Santa Monlca, CA 90401 Reference: 1702 Applan Way, Santa Mon~ca, CA 90401 Dear Mr. Martln: ThlS w~ll conflrm our conversation of June 7, 1991. We are actlvely redes~gnlng our proJect to meet the General Plan requirements you requested on January 30, 1991. We are very nearly ready to resubrnlt and wlll probably do so ln a matter of one or two weeks. Should you have any questlons, please call me anytlme. Very truly ~ ,~ ;Gene Slafer ProJect Man ger /' GS:sf 0....... J ,,' - ...) 15433 Ventura Bouievard. Sherman Oaks, CA. 91403 (818) 981.5400 ^1\K-t\M~\ G FAX(818)501.3689 PROJECT INfORMATION ADDRESS' ZONE. LEGAL DESCRIPTION: GENERAL PLAN. CODE REQUIREMENTS Average Natural Grade (A.N G ) AUG. 91 PROPOSAL ORIGINAL SUBMITTAL CUP 90-084 STAFf REPORT 1/30/91 Promenade at Paclflc Terrace R-3 Lots 4,5, and 6 of Seaslde Terrace Tract MB 17-10/11 Ocean front Dlstrlct Same Same Same Same Same :(23.92 + 23.41 + 13.27 + 13.40)/4=18.5075' MaXlmum Helght of Basement Deck (Flrst Floor Level) =A.N.G. + 3.0'=21 5075' MaXlmum Helght of BUl1dlng to Roof Level Zoning Ordinance ~A.N.G. + 40.0'= 58.5075' General Plan =A.N.G. + 30.0'=+48.5075' front Setback (ProMenade) Rear Setback _ (Applan vlay) Setbacks (Sides) Number of Unlts Floor Area RatiO SITE TABULATIO~S "20.0' Proposed 20.0 . =15 0' proposed 15.0' =5'+(2 StorIes )( 120'}=9.8' Proposed 9.6' 50 15,000 sf/l,250 8 Unlts Propo5ed 4 Unlts 1.0 MaXimum Proposed 11,912/15,000=0.794 Parcel C::>verage: Enclosed Unlt Area {Second Floor Coverage} Elevator Shaft and Trash Chute TOTAL Open and Enclosed Areas: Courtyard - open to sky Open eXit balconles Open Stalrs TOTAL Perlmeter Site Improvements' Open patlos and ba1conleS Drlveway to Garage {uncovered portlon only} Steps, pedestrian ramps, walks TOTAL Planters and LandscapIng: TOTAL SITE AREA Same proposed 21.5' Same proposed 48.5' A.N.G. + 58.5075 Same Same 5' + {3 x 120' )=12.2' SO proposed 12.2' 12 Unlt.s 23,125/15,000=1.54 5,956 sf 72 sf 6,028 sf 40.2% 7,185 sf 47 9% 319 sf 837 sf 196 sf 1,352 sf 9.0% 3,646 sf 24.3% 2,810 sf 759 sf 436 sf 4.005 sf 26.7\ 2,258 sf 15.0% 3,615 sf 24.1% 1,911 sf 12.7& 15,000 sf 100.0\ 15.000 sf 100.0% OJ:'::} A:~~ D BUILDING TABULATIONS Condom~n~uJ'i1s Un~t A: Unlt B' Enclosed floor Area: Open eXlt balconles at court Open ex~t balconles to stalrs SUB-TOTAL Elevator Shaft/Trash Bln Open Stalrs Open patlos and balcon~es Garage" park~ng and Dr~veways Elevator Equ~pment Elevator Elevator Island/Trash Bln Pr~vate Storage Un~ts Open, landscaped llght wells PARKING TABULATIONS 8 Two Bedroom Vnlts @ 2.0/VOlt 8 - @ 1/5 Unlts for V~sltors = parlt;lng ReqL.:lred Parklng Provlded: Standard Handlcapped COl"pact (1) TOTAL PARKING PROVIDED: (1) 17-8 = 9 V~sltor spaces x 30% AUG. 91 PROPOSAL 1st Story 2nd Story Total 2,978 sf 2,978 sf 5,956 sf 2,978 sf 2,978 sf 5,956 sf 5,956 sf 5,956 sf 11,912 sf 684 sf 404 sf 1,088 sf 354 sf 433 sf 787 sf 6,994 sf 6,793 sf 13,787 sf 72 sf 0 72 sf 196 sf 0 196 sf 2,810 sf 1,352 sf 4,162 sf 10,072 sf 8,145 sf 18,217 sf 8,442 sf 122 sf 60 sf 388 sf B40 sf 9,B52 sf 305 sf 8.0 cars O.B cars 9.0 cars 15.0 cars 1.0 cars 1.0 cars 17.0 cars 2.7 COMpacts perm~tted ORIGINAL SUBMITTAL CUP 90-084 STAff REPOR7 1/30/91 21,325 sf 1,800 sf 26 cars 26 cars 2.4 cars G,... ", . 7 J.... _ LAW OFFICES OF ROSARIO PERRY ROSARIO PERRY LESLIE JAMES SHERMAN OCEAN AVENUE LAW OFFICES 1333 OCEAN AVENUE SANTA MONICA, CALIFORNIA 90401 (213) 394-9831 FAX (213) 394.4294 '- October 14, 1991 , :~ David Martin Department of Planning 1685 Main Street Santa Monica, Callforma 90401 Re CUP 90-084 Vesting Tentative Tract Map 50234 Dear Mr Martm: This letter IS wntten on behalf of Sid Caplan, owner developer of 1702 Appian Way/1703-1711 The Promenade. applicant Santa MOnica Hotel Associates LImited It IS our chent's Intent to pursue the project as vested and as submitted under the above referenced CUP number We request that you set In motion the procedures leading to conSideration of this prOJect. Smcerely, Rob RP JO cc: Mr. Caplan OJ = . ': @pr'n1ed CT RCL"L:d P2[1C. A~u61-r F. 4. Take out service shall be only incidental to the primary sit-down use. 5. No alcoholic beverage shall be sold for consumption beyond the premises. 6. The primary use of the outdoor dining area shall be for seated meals service. Patrons who are standing in the outdoor seating area shall not be served except during private parties when the general public is not admitted. 7. The outdoor patios must be adequately secured to prohibit contact with non-patrons, and door security must be provided at all times during hours when alcoholic beverages are being served. 8. Hours of alcoholic beverage service shall be 6 a.m. to 2:00 a.m., seven days a week. 9. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups, unless it is purchased at a walk-up counter, in which case it shall be sold in a distinct cup. Alcohol shall not be served at walk-up counters in cans or bottles. 10. No more than three video or other amusement games shall be permitted on the premises. 11. Within thirty (30) days from date approved) the applicant shall provide statement of Official Action for this local office of the state Alcoholic department. of approval (if a copy of the approval to the Beverage Control 12. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. One ninety (90) day extension of the one year period may be permitted if approved by the Director of Planning. Applicant is on notice that an extension may not be granted if development standards relevant to the project have changed since project approval. 13. Applicant is on notice that all temporary signage is subject to the restrictions of the city sign ordinance. 14. Any new restaurant at the site with greater than 50 seats is required to install an interceptor with 1000 gallons minimum holding capacity. The General Services Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satis- faction of the Industrial Waste section and Building and Safety Division that interceptor installation is not feasible at the site in question. (J 0 r, 6 1 - 5 - 15. No expansion in number of seats, intensity of operation, or outdoor areas shall occur without prior approval from the city of Santa Monica and state ABC. 16. Prior to issuance of a business license, a security plan shall be submitted to the Chief of police for review and approval. The plan shall address both physical and operational security issues. 17. Prior to issuance of a business license, the operator shall submit a plan for approval by the Director of Planning regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the pUblic and shall state management I s policies addressing alcohol consumption and inebriation. The operator shall provide city with an annual compliance report regarding compliance with this condi tion. This proj ect shall be subj ect to any future City-wide alcohol awareness training program condition affecting similar establishments. The plan shall also set forth a "designated driver" program, which shall be offered by the operator of the establishment to patrons. 18. Final plans landscaping, subj ect to Commission. for any changes to exterior trash enclosures, and/or signage review and approval by the design, shall be Landmarks 19. Minor amendments to the plans shall be sUbject to approval by the Director of Planning. An increase of more than 10% of the square footage or a significant change in the approved concept shall be sUbject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review BoardT or Director of Planning. 20. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 21. Refuse areas, storage areas, and shall be screened in accordance (SMMC). Refuse areas shall be of a on-site need. mechanical equipment with Sec. 9l27J.2-4 size adequate to meet 22. 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. 23. For any minimum purchase per patron, the establishment shall permit the minimum to be satisfied with the purchase of food, as well as alcoholic and non-alcoholic beverages. - 6 - rr-r-- t.... ...... 'l.., v ~ ATTACHMENT C . G,... ,... .... # J...".,J 1 s.c ....1 I A~ "'~ '14MCCS A...... 9-J6.19 s.c ....1 1 AlWN "'ON ......eCS A.... t-J6.19 SANTA MONICA MUNICIPAL CODE (1) It the value of the park was more than 50% of the total value of the PrOject Mltlgatlon Measures, the following amount shall be transferred from the Park Reserve Account to the Houam. Reserve Account: 50% of total value 0' the ProJeCt Mitiptjon Measures less the value of housing actually prOVIded "" 217-V.-47 R-97 (2) If the value 0' the housing was more than 500> of the total value of the ProJect Mitigation Measures. the foUowinl amount shall be trllNferred from the HoU&- mg Reserve Account to the Park Reserve Account 40% of the total value of the ProJect Mitllatlon Measures less the value of the park actually prOVided Subchapter' 6R. DeultJ Boa..... SECTION 9047.1. hrpaM. The CIty sup- ports the development of affordable hOWUllg in all multiple residential districts. corwatent with the purposes of those districts, m- cluding prevention of tratllc congestion and mamtenance of the eXISting character and state of ne1&hborhoods. The standards out- hned m thIS subchapter are Intended to allow for the inclusion of aft'ordabJe rental bouslng within market-rate multiple famDy bouslng projects. Proposed pro,JeCta may include more units than allowed by nght under each district.s property development standards, provided. that all addlt10nal umts are made available to lower income house- holds as requued by this subchapter. In addition to denaity bonuses pennitted by state law, the City desU'ft to4 have special denSity bonWleS for the Ocean Park Distncta. SEcrtON 9047.2. Oft.. Park De...- BoaueL Density bonuses shall be awarded for atJordable housing projects in the foUow- lftg dlStncts according to the following formula: (a) OP.2 DUtrlct. ProJecU of" or more URlts may be develOped With up to 75% more units than allowed by the district denSity standards when all of the denSity bonus units are permanently deed-restricted for low mcome households. Projects of 3 units may receIVe a bonus of one Unit when the denSity bonus unit 11 permanently deed- restncted for a middle mcome household. A density bonus of 25% as mandated by the State of CaUfornia 11 avaiJable for projects of 5 or more umts, which meet State requirements, but do not meet the standards of th1s subsectiOn. (b) OP-3 .... OP-4 Diatdcta. Projects of " or more unItS may be developed With 50% more unats than allowed by the district. denSity standards when all of the denSity bonus unItS are permanently deed-restricted for low Income households. Projects of 3 or " Units may receive a bonus of one unit when the density bonus unat II permanently deed-restrIcted for a middle Income house- hold A denSIty bonus of 25% as mandated by the State of Cahforn.. IS available for projects of 5 or more units. which meet State reqUirements. but do not meet the standards of thIS subsection. ~ (c) In calculating denSity bonus Units. all fracttonal umts shall be rounded up to the next highest whole number of unats Subchapter 51 De_oUdou. SECTION 90481 De.oUUoa of BIdId. la.. &ad StnehreL (a) No demoUtion ofbuddmp and struc- tures shall be permitted except when all of the foUowlng conditlona have been met (1) A removal pemut. has been granted by the Rent Control Board, when requJred. (2) For residential build lOgs and stnlC- tures. the final permit to commence con- struction for a replacement project has been ISSued, or the DIrector of Planmng and the Bulldinl Ofticer have determmed that the structure is a public nUISance (3) A property mamtenance plan has been approved an Wfltmg by the Director of Plannang and the Building Ofticer The Architectural RevIew Board shall adopt and the Plannang ComllU8Slon shall approve gUldelmes and standards for property mam- tenance plans punuant to Mumclpal Code Section 9603B (4) Subsequent development 18 an con- formity With the General Plan and all other appllcafl1le regulatlO11& (b) Sangle.famlly dwellings whICh are located III the R 1 DIStrICt, any Commercial DIStrict, or any Industrial Distnct and whIch are not controlled. rental Ullles under the Rent Control Law are exempt from subaect10n (a)(2) of thIS SectIOn. (c) PrIOr to fllin& an appbcatlOn for a demobtwn perout. a Notace of Intent to DemolISh must be prommently posted on the property Such nottee shall be Ul a form approved by the City. G,.. ~ . 3 J.... ~ ~Ct\M0J.\ G ------../ SANTA MONICA MUNICIPAL CODE (d) In additIon to any other require- ments Imposed by thIS Section. no demo- hbon of butldlnp or structures bwlt prior to 1930 shaD be permitted unless the foUowml requtrements have been met: (1) Within 7 da,a of recetpt of a complete application for a demol1tion permit tor such structures. the City shaJI t.r1In8nUt a~" ~ _ copy of such applicadon to each member of the Landmarks Conunislion. (2) If no application for landmark desllnation is filed in accordance with MuftlCzpal Code Section 9608 withm 30 u,. (rom receipt of a complete application lor demobtlOn. demolition may be approved subject to compbance WIth all other 1epI reqUtrements. mc1ud1nl ttUlI Section. (3) If an application for landmark deSignation i. filed in accordance with MunICipal Code Section 9608 within 30 clap from receipt of a complete application for demoUtIOn. no demolition may be approved tor 90 days from recetpt of a compiete appbcatlOn tor demolition, or upon the determmation by the Landmarks Com- DUSSlOn that the applicabon for landmark designation does not ment formal con- sideration m the manner pnmded m Muni- CIpal Code Sectton 9608C, wtuchever IS sooner (4) If the Landmarks (:omml..lon detemunes that an apphcatton for a land- mark menta tormal cons1deratlOn, It shall be processed m the manner provided 1ft MUDlClpal Code Section 9608D et seq. and no demohtton may be approved untll after .. ftnal detennmation on the application for landmark destgnatlOn. -. 217-V-47-A H-97 G ,... ,.. 1 'J~' -".. ---/