SR-9-B (44)
: ATTACHUENT B q e
CITY PLANNING DIVISION
Land Use and Transportation Management Department
M E M 0 RAN DUM
DATE: September ~, 1991
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: DR 91-003, CUP 91-030, PSP 91-007, EIR 916
Address: 2221 Wilshire Boulevard .
Applicant: Century West Development, Inc.
SUMMARY
Action: Application to modify the expiration period of Develop-
ment Review 89-004, Conditional Use Permit 89-019 and Performance
Standard Permit 89-017 to allow for a one year time extension on
a project involving a three story, 61,650 square foot mixed use
building. The proposal, as conditioned, meets all applicable
development standards.
Recommendation:
Approval to add a condition specifying a three month time exten-
sion for a November 20, 1991 expiration date.
Permit streamlininq Expiration Date: December 24, 1991
SITE LOCATION AND DESCRIPTION
The subject property is a 30,825 square foot rectangular shaped
parcel located on the north side of Wilshire Boulevard, between
Twenty-Second and Twenty-Third streets in the C6, Boulevard Com-
mercial District. Surrounding uses consist of one and two story
multiple family dwelling units (R2) to the north, and one and two
story commercial buildings (C6) to the south, east and west. Ex-
isting on-site uses include two detached residential dwelling
units and a flower shop on the northeast and southeast quadrants
of the site respectively. Madame Wu1s restaurant with associated
parking facilities occupies the remainder of the lot. There is a
mature rubber tree located in the northeastern quadrant of the
site.
Zoning District: C6, Boulevard Commercial
Land Use District: Wilshire General Commercial Corridor
Parcel Area: 110 Feet X 280 Feet = 30,825 square Feet
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PROJECT DESCRIPTION
The appll.cant is reguestlng that a condition be added to the
proj ect condl. tions of approval (see Attachment A) which would
extend the explration perl.od by one year. The proj ect as ap-
proved (DR 89-004, CUP-Ol9, PSP 89-017 & EIR 916), involves a
three story, 61,650 square foot mixed use commercial building
which is subject to expire on August 20, 1991. A more detailed
descriptlon of the existing project is contained in the attached
Planning Commission staff Report (Attachment B).
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 the attached Plan-
ning Commission staff Report in Attachment B.
CEQA STATUS
An Environmental Impact Report was prepared for the project and
certified by the City Council on May 22, 1990.
RENT CONTROL STATUS
On August 12, 1988 the Santa Monica Rent Control Board granted a
removal permit for the two controlled rental units located at the
rear of the site at 1154 23rd street. A deed restriction was
recorded on October 6, 1991 specifying the conditions for the
replacement of the two, one bedroom units and the maximum allow-
able rents.
FEES
The project is subject to the Housing and Parks Project Mitiga-
tion Measures of the Land Use and Circulation Elements of the
General Plan. The project mitigation measures may be satisfied
by payment of an in-lieu fee to the City as established by Or-
dinance No. 1367 (CCS) and as outlined by the related condition
of approval for this project.
ANALYSIS
Background
On April 4, 1990 the Planning commission certified the Environ-
mental Impact Report and approved the project. The first floor
of the project includes ~4,489 square feet of retail uses, and a
4,000 square foot restaurant/bar with 160 seats. Office uses
would occupy 39,767 square feet of the second and third floors.
The rent control replacement units would be located on the second
floor at the northeast corner of the building.
On May 22, 1990 the City Council denied an appeal (see Attachment
C) made by the Save Our Neighborhood Committee and Mid City
Neighbors, and upheld the Planning commission approval of the
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project. A condition was added to the project specify~ng addl-
tional turn movement restrictions for lngressing and egress:ng
traffic (see Condltion No. 79 - City Council State~ent of Offl-
clal Action: Attachment D) on the adJacent streets.
Because the project was appealed to the Clty Council, the effec-
tlve date of the approval was May 22, 1990. According to Sec-
tlons 9114.6 and 9115.5 (SMMC), "The rights granted by a (condi-
tional use permit and development review permit) are effective
only when exercised within the period established as a conditlon
of granting the permit or, in the absence of such establ ~shed
time period, one year from the date the permit becomes effec-
tlve." A condition specifying the time period was not included
wlth the project. Therefore, the original expiration date of the
project was May 22, 1991.
Upon request of the applicant, an additional three month time
extension was granted by the Zoning Administrator extending the
current expiration date to August 20, 1991. The request for the
time extension can still be heard by the Planning commission be-
cause the application was filed prior to the expiration of the
project. The accompanying Performance Standard Permit which is
requ~red for residential uses in commercial districts, has a con-
current expiration period with the conditional use/development
review permits.
The City Attorney has indicated that a request to add a condition
extending the expiration period is allowable under the provisions
of the Zoning Ordinance, so long as an application is filed be-
fore the relevant permits expire. The Planning Commission has
the authority to approve, deny or conditionally approve the
request. The applicant intends to obtain a building permit be-
fore the proposed time extension expires.
If the project expired, Ordinance No. 1570 (CCS) involving the
non-residential and hotel development moratorium would preclude
development of a similar project. Commercial projects that ex-
ceed 15,000 square feet in the C6, Boulevard Commercial District
are subject to the development moratorium until February 26,
1992.
Project Request
The applicant is requesting (see Attachment A) that a condition
be added requiring the issuance of a building permit for the
project no later that 12 months from the later of, a) August 20,
1991 or b) the date the subject request is approved. In support
of the request for a time extension, the applicant contends the
following: 1) That compliance with a condition for new landscape
setbacks requires a redesign: 2) Securing financing for the proj-
ect is difficult: and 3) That compliance with the Traffic Manage-
ment Plan condition for payment of fees would create a potential
economic impact.
Condition 21 requires a minimum 10 foot average landscape setback
or compliance with the revised code if subsequently amended. As
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amended by ordinance No. 1553 (CCS), the current landscape re-
qUlrements established a ratio of 1.5 square feet of landscaped
a~ea per one 11near foot of building frontage. The landscape
area is required to be located adjacent to and within 10 feet of
the street right-Of-way, and no portion of the building shall be
located between the landscape area and the building. The intent
of the ordinance was to create a more pedestrian street scale
wlth the buildings closer to t.he sidewalk. The applicant con-
tends that a redesign is required to move the building closer to
the street in compliance with the current landscape standards.
F~nanc~ng difficulties have been expressed by the applicant as
follows: "Satisfactory financing for the approved project has
not been available despite diligent efforts of Applicant due to
the effects of the recession in the economy in general and on
real estate financing in particular, as well as changes in real
estate lending requirements by financial institutions."
condition No. 48 notifies applicants that the City is contemplat-
ing a Transportation Management Plan (TMP) which is intended to
mitigate traffic and air quality impacts, and that development
fees may be required when the ordinance is adopted. The appli-
cant contends that if the fees are adopted, "the ability to ob-
tain satisfactory financing will be impaired pending City Council
resolution of the issue."
Time Extension Request Evaluation
A redesign of the project may not necessarily be required to
satisfy the current landscape requirements. Further, relief from
the requirement has been structured into the ordinance. If The
landscape requirements may be modified subject to the review and
approval of the Architectural Review Board (ARB) if the Board
determines that an alternative landscape configuration would meet
the objectives of this requirement. The Architectural Review
Board may require either more or less landscaping than would
otherwise be required by this chapter.1I In addition, the change
to the code landscaping standards occurred in October 1990, al-
lowing what would appear to be ample time for redesign.
Financial difficulties, which are different from hardships, are
not normally considered germane to legitimate findings involving
a land use entitlement, and are, therefore, beyond the scope of
this analysis. However, the applicant's testimony may be taken
into consideration in formulating a decision on the project.
The standard TMP condition has recently been modified to exclude
proj ects that have a building permit as follows: "Development
applications shall not be subject to the potential new develop-
ment fee if no ordinance implementing such fees has been adopted
prior to issuance of a building permit. n Staff is recommending
updating the condition as modified above. Consequently, the po-
tential fee impacts may not be an issue if the building permit
has been obtained before adoption of the ordinance. The City is
in the process of reviewing the Transportation Management Plan,
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and at this t~rne 1 t is somewhat premature to speculate on the
po~ent~al fee i~pacts.
In s~~mary, the landscape setback require~ents may be modified by
t~e &~3 and a redeslgn may not be necessary. Addltionally, the
flnanc~ng difficultles experienced by the applicant are not nor-
mally evaluated in planning analysis but can be taken into con-
sideration in the final determination. The TMP impacts may not
be an issue if the condition is modified as proposed because com-
pliance with the TMP would be required only if a building permit
is not obtained prior to adoption of the ordinance. Speculating
on the potential fee impacts is somewhat premature because the
TMP is still in review.
There have only been two cases, including the subject request,
where applicant's have requested project modifications to include
a condition extending the expiration period under the present
Zoning Ordinance. In another case where a time extension for six
months had been requested for a similar project, the Planning
commission and City Council approved a three month extension.
Three months was deemed an adequate amount of time to obtain
building permits on the project. A three month extension would
be consistent with the previous Planning Commission and City
Council action. If a three month time extension is granted, the
total time allowed to obtain building permits would be almost a
year and a half.
RECOMMENDATION
It is recommended that the Planning Commission approve Develop-
ment Review 91-003, Conditional Use Permit 91-030, and Perfor-
mance Standard Permit 91-007 to allow a three month time exten-
sion of Development Review 89-004, Conditional Use Permit 89-019,
and Performance Standard Permit 89-017 subj ect to the findings
and conditions contained in the City council statement of Offi-
cial Action dated May 22, 1991 and the underscored modifications
of Condition No. 48 and a new condition, Condition No. 82
specifying a three month time extension as follows:
Condition 48. UThe 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 ex-
isting 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 or-
dinance may require that the owner of the proposed project pay
such new development fees, and that employers, where applicable,
within the project pay such new annual employer fees related to
the City's Transportation Management Plan. Development applica-
tions 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. II
Condition 82. liThe building permit for this project must be ob-
tained by the applicant no later than three months from August
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20, 1991 for a November 20, 1991 expiration date, or the permits
w111 automatically be deemed to have exp~red.~
Prepared by: Bruce Ambo, Associate Planner
Attachments:
A. Appl1cant's Request
B. April 4, 1990 Planning Commission staff Report
c. May 22, 1990 City council Staff Report
D. city Council Statement of Official Action
E. May 22, 1990 City Council Hearing Minutes
F. Photographs of Site and Surrounding Properties
G. Plot Plan, Floor Plans and Elevations
BA/ba
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7/22/91
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PROJECT DESCRIPTION
ThlS is an application to amend the conditions of approval of
Development Review No. 89-004, Conditional Use Permit No. 89-019
and Performance Standards Permit No. 89-017 (collectively the
"Development Perm1tsll) to impose the additlonal conditlon that a
building permlt for the proJect which 15 the subject of the
Development Permits must be obtained by the Applicant no later than
twelve (12) months from the later of (a) August 20, 1991 or (b) the
date th1s amendment becomes effective. If the building permit is
not obtained within thlS period, the Development Permits will
automatically be deemed to have expired.
Other than the addit10n of the above condition, th1s
application seeks no other modification to the original Conditions
of Approval which were imposed upon the Development Permits.
BACKGROUND
On April 4, 1990, the Planning Commission approved the
Development Permits for a project generally described as a three-
story 61,650 square foot mixed use commercial building that will
contain ground floor retail and restaurant uses, second floor
office and residential uses and third floor office uses~ A total
of 238 parking spaces are provided on-site.
On May 22, 1990, the city Council denied appeals challenging
Planning Commission approval of the Development Permits and
certified EIR No. 916 for the project, subject to 81 conditions for
approval.
Condition No. 75 in the Statement of Official Action provides
that the determination of the City Council becomes effective
fourteen (14) days following the date of its determination. There
is no express condition in the statement of Official Action
establishing a period of time within which the Applicant must
exercise its rights under the Development Permits. Therefore, this
period is established pursuant to the Zoning Ordinance.
By letter dated March 25, 1991, to the Zoning Administrator,
Applicant requested extension of the effective period of the
Development Permits pursuant to the authority of the Zoning
Administrator under Zoning Ordinance sections 9115.5 and 9114.6.
By letter dated April 9, 1991, the Zoning Administrator extended
the effective date of the Development Permits to August 20, 1991.
Final approval for the project by the Architectural Review
Board was granted on April 1, 1991.
ATTACHMENT "C"
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REASONS SUPPORTING REQUEST FOR AMENDMENT
l. Condltion 20 in the Statement of Official Action requlred
Applicant to maintaIn a minimum ten foot average setback for ltS
project, with appropriate landscaplng materials WhlCh conformed to
the requlrements of Section 9041.6(b) of the zoning ordinance as
then ln effect. Cond~tion 21 ln the statement of Official Action
provlded that:
"If prior to the time that final building
permits are issued for the building, the City
has revised the code landscaping requirement
pertaining to the provision of an average 10
foot landscaping setback, to require less
landscaping adjacent to a public right-of-way,
the applicant shall revise the landscaping
plans to provide compliance with the code
revision." (Emphasis added.)
Subsequent to the effective date of the Development permits~ the
City Council adopted an amendment to Santa Monica Municipal Code
section 9041.6(b) to reduce the landscaping setback requirement.
Applicant is therefore required to revise the proj ect plans to
conform to the new requirement and to comply with Condition 21.
This revision will involve the movement of the ground floor of the
building closer to the property line abutting Wilshire Boulevard
which will necessitate significant design changes to the building.
Applicant requests the twelve month extension to help facilitate
the preparation of the revised plans and to provide adequate time
for ministerial review of the revised plans by the City and the
Architectural Review Board.
2. Satisfactory financing for the approved project has not
been available despite diligent efforts of Applicant due to the
effects of the recession in the economy in general and on real
estate financing in particular, as well as changes in real estate
lending requirements by financial institutions.
3. In addition to the restraints on securing satisfactory
financing imposed by the recession, Applicant's efforts have
further been impaired by the uncertain potential economic impacts
on the project of Condition No. 48 in the Statement of Official
Action. That Condition recites the contemplated adoption by the
City of a Traffic Management Plan, including the payment of one-
time fees on certain types of new development. The fees proposed
in draft plans which have been submitted to the council would, if
imposed upon Applicant's project, be of major magnitude. A
determination has still not been made by the City Council on the
adoption of a specific Traffic Management Plan. However, given the
potential impact which the proposed traffic management fees would
ATTACHMENT "e"
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have, if adopted and applied to the project, the ability to obtaln
satisfactory financing wlll be lmpalred pending City CouncIl
resolution of this issue.
lAAiC025 5008
ATTACHMENT "e"
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CITY PLANNING DIVISION
Community and Economic Development Department
M E M 0 RAN DUM
DATE: April 4, 1990
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: DR 89-004, CUP 89-019, PSP 89-017, EIR 916
Address: 2221 Wilshire Boulevard
Applicant: Century West Development, Inc.
SmrnARY
Action: Development Review 89-004, Conditional Use Permit 89-
019, Performance Standards Permit 89-017 and Environmental Impact
Report 916 to develop a three story ( 45 ft. height) , 61,650
square foot (2.0 FAR) , mixed commercial building on the north
side of Wilshire Boulevard between Twenty-Second street and
Twenty-Third Street in the C6 (Interim Boulevard Commercial)
District.
The project will contain first floor retail uses and a 160 seat
restaurant with alcohol sales and second and third floor office
uses. Two rent controlled residential units located on the
northeast corner of the site will be relocated onto the second
floor of the project.
Under SMMC Section 9022.6 a Development Review Permit is required
for any new development of more than 30,000 square feet of floor
area. Under SMMC section 9049.2 a Conditional Use Permit is re-
quired for an on-sale alcohol permit in any restaurant that con-
tains more than 50 seats in the C6 District. Under SMMC Section
9050.11 a Performance Standards Permit is required to develop
residential dwelling units in the C6 District. Under City of
Santa Monica Guidelines for Implementation of CEQA, a commercial
project that may potentially result in environmental impacts
shall be subject to environmental review. Under CEQA Section
15090, prior to taking action on the permit requests, the Plan-
ning commission is required to certify the adequacy of the final
EIR and certify that the EIR has been considered in reaching a
decision on the project.
The development applications were filed prior to adoption of the
Non-Residential and Hotel Development Moratorium (Ord. No. 1481
(CCS) ) on May 23, 1989 and is therefore not subj ect to the re-
quirements of that ordinanoe.
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Recommendation: Approval Subject to the provision of an Addl-
tlonal Ten (10) Foot setback on the Thlrd Floor North E~evatlc~,
Elimlnat~on of the Rear Surface Park~ng Area and Provlsion of
Additional Landscaping Along the Wllshlre Property Frontage, w~~h
Added Findings and Condltions.
PERMIT STREAMLINING DEADLINE DATE: April 25, 1990.
SITE LOCATION AND DESCRIPTION
The subject property consists of a 30,825 square foot rectangular
shaped parcel of land located on the northerly side of Wl1shire
Boulevard between Twenty-Second Street and Twenty-Third street in
the C6 (Interim Boulevard Commercial) District. The site pres-
ently contains two detached residential dwelling units located on
the northeast quadrant of the site, Conroy's retail flower stand
located on the southeast quadrant of the site and Madame Wu's
restaurant with asphalt parking lot located on the remainder of
the site. Access to the site is currently provided along Wil-
shire Boulevard and from an adj acent 15 foot wide alley located
to the north. The surrounding land uses and zoning consist of
one and two story multiple family dwelling units (R2) located to
the north, and one and two story commercial building (C6) located
to the south, east and west.
Zoning Districts: C6 (Interim Boulevard Commercial) District
Land Use Districts: Wilshire General Commercial corridor
Parcel Area: 30,825 sq. ft. (110' X 280')
PROPOSED PROJECT
The proposed project consists of the demolition of the existing
restaurant, retail and residential uses to permit the development
of a three story, 61,650 sq. ft. (2.0 FAR) , 45 foot high, mixed
use building on the 30,825 sq. ft. site. The ground floor of the
project consists of a 14,489 sq. ft. retail space, a 4,000 square
foot restaurant and a 1,594 sq. ft. covered parking area. The
second and third floors consist of 39,767 square feet of office
space and two second-floor replacement residential units that
would be registered with rent control. Both existing units are
currently unoccupied. Under SMMC Section 9022.6 a Development
Review Permit is required to allow any new development of more
than 30,000 square feet in floor area.
A Category "0" removal permit was granted for the demolition of
the two residential units. The rent controlled replacement units
will contain two bedrooms each and will be accessed from a build-
ing entrance that is separated from the commercial portion of the
project. A Performance Standards Permit is required to develop
residential uses in the C6 District. The residential units are
setback a distance of 24'4" from the nearest property line and
will developed with four designated parking spaces located on the
first level of the subterranean parking garage. Landscaping is
provided adjacent to the residential units to create a more
neighborhood friendly design. Separate int.ernal and external
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entrances to the residential un~ ts are shown on plans. sup-
plemental lnformation submitted by the applicant indicates the
residentlal unl. ts shall be constructed so that interior noise
levels do not exceed 55 decibels for than 60 mlnutes in any 24
hour period and 45 decibels for more than 30 minutes between the
hours of 11:00 p.m. and 7:00 a.m. Conditions which address the
locatlon, access and design of the resident~al unlts are
proposed.
The ground floor retail uses will front along Wilshire Boulevard
and the 4,000 sq.ft., restaurant will be located on the corner of
wilshire and Twenty-Second street. The 160 seat restaurant fea-
tures a small semi-circular bar near the Wilshire frontage and a
private banquet room located adjacent to the at grade parking
area. The kitchen and food preparation area covers approximately
1/3 of the entire restaurant floor area. Under SMMC Section
9049.2, a Conditional Use Permit is required to permit the On-
sale General (Type 47) alcohol sales use in connection with a
restaurant in the C6 District. (The restaurant use is permitted
by right in the C6 District and the CUP request, therefore, per-
tains only to the alcohol sales use). The restaurant will have
operating hours of 11:00 a.m. to 11:00 p.m. daily. The retail
and office uses will have operating hours of 8:00 a.m. to 6:00
p.m. daily. A total of 135 office, 10 retail and 15 peak hour
restaurant employees will be employed on the site.
The proposed project will provide 225 subterranean parking spaces
accessed by a driveway on 23rd street and located approximately
100 feet north of Wilshire Boulevard. Thirteen at grade parking
spaces accessed from an abutting 15 foot wide alley, would re-
quire vehicle use of 22nd Street or 23rd Street. A total of 133
parking spaces (calculated at 1 sp. per 300 sq.ft.) are required
for the general office floor area. A total of 48 spaces (calcu-
lated at 1 sp. per 300 sq.ft.) are required for the retail por-
tion of the development and a total of 53 spaces are required for
the 4000 square foot restaurant (calculated at 1 sp. per 75
sq. ft. of floor area). Four additional parking spaces are re-
quired for the two residential units (calculated at 2 spaces per
2 bedroom unit). The combined 238 parking spaces comply with
the Code parking requirement established for the mixed use proj-
ect. There are no tandem parking spaces proposed. Twenty-nine
percent of the combined 234 commercial parking spaces are desig-
nated as compact parking spaces.
A 10 foot average depth plaza is provided along Wilshire
Boulevard and Twenty-Second and Twenty-Third Streets. Site plans
show approximately 80% hardscape in the 10 foot average setback
on Wilshire. ( A portion of the landscaping material shown is
located in the public right-of-way area). It is recommended
that the Commission require a greater amount of acceptable land-
scaping material along Wilshire Boulevard.
General Services has requested a 2'6" wide dedication to run ad-
jacent to the 15 foot wide alley to facilitate the upgrade of the
alley right-Of-way to the standard 20 foot width. A standard 20
foot width is required to provide adequate fire safety access.
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~he property dedication will be processed separately by the De-
partment of General Services. Once the alley dedicatlons are
provlded for the 30,825 square foot parcel, a net parcel area of
30,125 sq. ft. will remain.
The proposed alley dedication is consistent with an on-going
POllCY established by the Department of General Services, which
is intended to provJ.de minimum .2 0 foot alley widths throughout
the City of Santa Monica. The current alley dedication request
is therefore not unusual or inconsistent WJ.th established
procedure.
GENERAL PLAN AND ZONING ORDINANCE CONFORMANCE
The proposed mixed use project is consistent with Commercial Cor-
rJ.dor Land Use Objectives and C6 Zoning Code Sections that per-
tain to the site. With adequate mitigation measures and when
properly conditioned, the project should be compatible with sur-
rounding commercial and residential land uses.
CEQA STATUS
Draft Environmental Impact Report 916 was initially prepared to
accompany the Site Review proposal. The draft document was cir-
culated for public comment and review on February 8, 1990. Two
written comments received prior to the close of the required 30
day review comment period have been incorporated into the Final
Environmental Impact Report.
Some of the issues raised in the comment letters pertain to there
being no discussion on an alternative all residential project,
inadequate discussion of housing demand resulting from the proj-
ect, proposed project access on a residential street, long term
noise from use of loading and parking spaces abutting the alley,
the shadow impacts caused by a three story building and unrealis-
tic traffic mitigation measures. Pursuant to CEQA Section 15088,
the comments and responses to comments have been incorporated
into the Final EIR. The issues are discussed in detail below.
One particular area that requires clarification pertains to lan-
guage contained in the Final EIR that indicates the Commission
must adopt a statement of overriding considerations for cumula-
tive noise, air and traffic impacts associated with development
of the project and 72 pending projects listed on the City'S
Cumulative Projects Caselist. While staff recognizes that the
EIR consultant has attempted to account for cumulative conditions
deriving from future projects that have not yet been approved or
developed, under CEQA Section 15091, a statement of overriding
considerations is required only if the specific project being
considered by the public agency individually contributes to sig-
nificant environmental impacts. It is assumed that the 72 proj-
ects listed on the cumulative list will be required to mitigate
traffic, noise and air impacts associated with their specific
development and therefore a statement of overriding consider-
ations is not required to certify the EIR.
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FEES
~his project is subject to the Housing and Parks Project Mit~ga-
tion Measures of the Land Use and Circulation Elements of the
General Plan. The project mitigation measures may be satisfied
by payment of an in-lieu fee to the City as established by Or-
dinance 1367 (CCS) and as outlined by condition of approval for
this project.
RENT CONTROL STATUS
On February 18, 1988, the Santa Monica Rent Control Board granted
a removal permit for the two controlled rental units located at
the rear of the development site (1154 23rd street), adjoining
Madame Wu's Garden Restaurant. As required by the Board each
unit will be replaces with a minimum one-bedroom unit of 700
square feet. The units have been vacant, so there are no tenants
to whom the right of first refusal must be offered.
ANALYSIS
Land Use Element Policy Objective 1.6 provides:
UAccommodate commercial uses which serve regional, com-
munity, and local needs while respecting the adjacent
residential neighborhoods. Adjust allowable use and in-
tensi ty to e)Cisting context and any other special con-
straints. II
pOlicy Section 1.6.1 also provides that wilshire Boulevard east
of downtown should accommodate general office and retail
development.
The proposed project that provides two floors of office uses and
two residential units constructed over ground floor retail and
restaurant uses is consistent with the Land Use Objective and
Policy Sections 1.6 and 1.6.1. The pattern of uses located
along both sides of the major arterial street consist of similar
uses. The design and layout of the commercial uses in relation
to residential uses located to the north, will restrict the
spillover of commercial traffic, noise, light and glare onto the
more environmentally sensitive residential uses. Impacts associ-
ated with the proposed 4,000 sq. ft. restaurant should be signifi-
cantly less than the existing 8,665 sq. ft. restaurant.
On March 27, 1990, the Hid-city Neighbors Organization conducted
a meeting to discuss the proposed proj ect and the EIR that had
been prepared by McClelland Consultants (West) Inc. , to discuss
potential environmental impacts.
EIR ISSUES
Shade and Shadow
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A shade and shadow study was conducted to assess the length of
shadows cast by the commercial project on residentlal uses lo-
cated to the north of the site. The study analyzed the length of
shadows from 9:00 a.m. to 3:00 p.m., on December 21, WhlCh 15
considered the worst case. Shadow lengths cast by the three
story building will move in a west to east pattern throughout the
day and will extend 123 feet to the northwest for a maximum of
105 minutes on December 22nd. Approximately 25% of the six-hour
solar heating day w~ll be affected.
In general, a determination of adverse conditions is made if so-
lar access is affected for more than one hour (60 minutes). In
the present case, adverse conditions exist, however the environ-
mental consultant concluded that since sufficient solar access
w~ll still be provided for more than four hours per day, the
shadow impact caused by the proj ect is considered adverse, but
not significant.
Planning staff believes that the long term loss of solar heating
during a 1.5 hour period during winter solstice could adversely
impact adjacent housing. Planning staff recommends that the
design of the structure be revised to require an additional 10
foot setback along the entire third floor north elevation adja-
cent to the residential uses, to reduce shadow impacts. The pro-
posed third floor is located 24'4u from the north property line.
staff maintains that by requiring an additional third floor set-
back, the residential uses located to the north will suffer less
solar heat loss during the winter solstice and will preserve
landscaping on adjacent parcels that would be lost, due to a re-
duced level of sunlight.
Noise
The City'S Noise Element recommends that future development along
the major arterials (inClUding wilshire Boulevard) should be two
to three story commercial heights that will buffer adjacent
residential uses from commercial noise impacts.
The EIR identifies vehicular noise as the dominant noise source
resulting from project development and therefore the development
of a two or three story building height that will buffer the ad-
jacent residential uses from commercial noise is consistent with
the Noise Element recommendation. Noise monitoring conducted by
McClelland Consultants on November 6, 1989 indicates the project
will result in a negligible increase in the existing noise en-
vironment. In general, people can perceive a three decibel dif-
ference in noise levels. since the project results in a
negligible increase only (approx. 1 dBA), adjacent residents will
not perceive an increase in long term noise.
Short term construction noise will result in intermittent high
noise levels for the adjacent residential land uses. Adoption of
mitigation measures intended to restrict use of noisy equipment,
and limit construction activity should minimize impacts for the
adjacent residential uses.
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.
Interior noise levels of the occupied project can also be reduced
by requiring installation of double-paned windows and concrete
bUl1dlng facade.
Air Quality
The preparation of the site for building construction would pro-
duce air contaminants in the form of exhaust emissions from con-
struction equipment and fugitive dust generated as a result of
excavation and grading activities. Emissions associated with
land clearing and construction activity will exceed significant
level thresholds during the short term period. However, these
impacts will subside once the building is occupied and can be
reasonably mitigated by phased construction and watering
measures.
Traffic
Detailed intersection capacity analyses were conducted at each of
14 analyzed intersections (12 signalized and 2 unsignalized
intersections) . Based on standards established by the City
Parking and Traffic Engineer, the critical movement analysis
(CMA) method of intersection capacity analysis was used to deter-
mine the volume/capacity (v/C) ration and corresponding level of
service at each of these locations.
The existing Madame Wu's Restaurant and Conroy's Flower Shop will
occupy space in the new project and trips generated by the exist-
ing uses were deducted from the calculation of project-related
traffic. The proposed project is estimated to generate approxi-
mately 2,230 additional daily trips. It is assumed that this
amount will be further reduced by the number of pass-by trips
(i.e., trips already in the traffic stream) and the anticipated
interaction between the proposed office and retail uses which
would decrease the off-site trip generation.
Three of the 12 intersections studied are forecast to experience
a significant impact due to the addition of project traffic.
These intersections are 1) Wilshire/2 6th, which worsens from a
morning V/C of 1.02 to 1.04 (0.02 increase) ~ 2) Wilshire 123rd,
which worsens from an evening V IC of 1.10 to 1.18 (0.08 in-
crease)~ and 3) Santa Monica/23rd, which worsens from an evening
v/e of 0.95 to 0.98 (0.03 increase). The consultant proposes the
following mitigation measures to reduce the significant impacts:
1) To mitigate wilshire/26th--provide exclusive right turn lanes
in both the eastbound and westbound direction. There would be no
loss of on-street parking. The Vie ratio will decrease from 1.4
to 1. 01 during the AM peak period and from 1. 40 to 1. 36 during
the PM peak period.
2. To mitigate Wilshire/23rd--Provide exclusive right-turn lanes
in the eastbound and westbound directions, and provide a left
turn, through lane and right turn lane in both the northbound and
southbound direction. The Vie ratio will decrease from 0.77 to
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0.70 during the AM peak and from 1.18 to 1.09 durlng the PM peak
period.
3. To m~t~gate Santa Monlca/23rd--Provlde an exclusive left-turn
lane and a through/right-turn lane through restrlping the south-
bound approach. The v/e ratio w~ll decrease from 0.79 to 0.74
during the AM peak period and from 0.98 to 0.91 dur~ng the PM
peak period.
Implementation of the measures will increase the ability of these
lntersect~ons to handle the increased traffic due to project use.
A written comment submitted by Save Our Neighborhood Committee in
response to the Draft EIR expressed concern regarding the pro-
posed restriping measure for 23rd/Santa Monica, stating that the
existing lane configurations impede the movement of traffic and
that the proposed restripinq would exacerbate this condition.
Discussions with the EIR consultant and Parking and Traffic Divi-
sion staff suggest that the restriping measure would not require
narrowing of the traffic lanes to unacceptable widths and that
the reduced flow associated with narrower lanes would be compen-
sated for by the provision of the additional lanes.
Parking Access
Project access and parking were analyzed to assess the ability of
the project to accommodate the traffic expected to be generated.
The proposed project will provide 225 subterranean parking
spaces, accessed by a driveway on 23rd street located approxi-
mately 75 feet north of the projects Wilshire Boulevard property
line. Thirteen additional parking spaces are located at grade at
the rear of the site and area accessed from an adjacent alley.
The thirteen at grade parking spaces are located approximately
110 feet north of the Wilshire Boulevard property line and may
contribute to additional circulation in the adjacent residential
neighborhood. Vehicle noise and pollution would also increase.
Circulating through residential side streets in order to access
at grade parking would conflict with Circulation Element Policy
Sections 4.2.2 and 4.2.3 which discourage traffic utilization of
local residential streets.
Planning staff recommends that the thirteen at grade parking
spaces be relocated to the subterranean parking garage to reduce
vehicle noise levels. The subterranean parking plan shows two
and 1/2 levels of parking that could be expanded to 3 entire
levels without requiring substantial design modifications. The
location of the loading zone spaces adjacent to the 15 foot wide
alley, is consistent with SMMC Section 9045.3(b) which requires
loading zone spaces to be accessed from the abutting alley.
It is felt that the location of the subterranean parking garage
will not encourage greater use of the side residential street.
The intersection of Twenty-third and wilshire contains a traffic
signal and therefore the vehicle flow exiting the garage will be
back out onto Wilshire Boulevard.
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To address a written comment submitted in response to the Draft
EIR by Merr1t Coleman, of the M1d C1ty Neighbors organizatlcn
regard1ng vehicle use of side streets, it is recommended that the
Commission require installation of right turn only s1gnage at the
subterranean garage driveway exit and require the developer to
install a curved median divider that forces traffic to exit right
onto Twenty-Third street. Similar curved dividers are success-
fully employed in fast-food drive-thru lanes.
Project Alternatives
The Environmental Impact Report considered seven alternative site
and offsite location uses that included a no project scenario, a
project at reduced height and size, alternative locations (800
wilshire, 2320 wilshire) , and alternative site uses (medical
offices, one story fast-food/retail strip center, and three story
office). The environmental consultant concluded that the no
project alternative will result in an underutilization of a high-
ly visible parcel located along the Wilshire Corridor. The con-
sultant concluded that alternative site locations will result in
similar environmental impacts and may result in greater neighbor-
hood impacts. The alternative site uses that include all office,
medical office uses and a fast food/retail shopping center will
result in increased wastewater impacts, increased traffic, noise.
and neighborhood impacts. These alternatives were not found to be
superior to the proposed project.
The one alternative that could possibly be viewed as superior to
the proposed project provides for a reduced FAR and reduced
height. The proj ect ' s FAR would be reduced from 2. 0 to 1.4 and
the building height would be reduced from 3 stories/ 45 feet to 2
stories/30 feet. The EIR consultant concluded that potentially
adverse shade and shadow, transportation, air and noise impacts
would be mitigated by a reduced project design. HOwever, the
consultant concluded that the alternative project could result in
an underutilization of land, reduced city revenues and reduced
project viability in terms of leasing space to future long term
tenants.
Based on a comparison of the potential for less than significant
but adverse shade and shadow and traffic impacts to occur from
project development and the reduced alternative scenario, Plan-
ning staff feels the proposed project should be revised to reduce
shade and shadow and traffic impacts identified under the EIR
discussion for the project.
ALCOHOL REQUEST
As proposed, the project includes a 4000 square foot restaurant,
160 seat restaurant and small semicircular bar that will provide
on-sale general (Type 47) alcoholic beverages. The restaurant
will contain operating hours of 11:00 a.m. to 11:00 p.m. with 15
peak hour employees.
within a 500 foot radius of the site there are six on-sale
general, one on-sale beer and wine, one off-sale general and one
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sale beer and wine licenses that have been issued by the Alcohol
Beverage Control Board. Based upon 1980 census figures, there IS
a residentlal populatlon of 655 people within a 500 foot radlUS
of the proJect site. The Alcohol Beverage Control gUldelines
state than an overconcentration of alcohol outlets may occur 1.f
an area has more than one establishment with an an-sale license
for each 800 residents.
In the present case, Planning staff fees that these guidelines
are inappropriate due to the relocation of the existing res-
taurant with alcohol sales to another onsite location. The
relocation of the restaurant floor area will not result in an
increase in the number of alcohol establishments and will not
result in greater environmental impacts :han what presently ex-
ists for the much larger 8665 sq. ft. restaurant. Provided the
restaurant continues to provide alcohol sales as an ancillary
uses in connection with a bona-fide primary restaurant dining
use, adverse environmental conditions should not exist.
Conclusion:
Mitigation measures that provide an additional third floor set-
back, relocation of at grade parking to the subterranean parking
garage, installation of signage and a curved median divider that
requires right turn movement only from the subterranean garage,
and creation of additional landscaping along Wilshire Boulevard
will provide a compatible building that is consistent with the
character of uses along Wilshire and compatible with adjacent
residential uses located to the north.
RECOMMENDATION
It is recommended that the Planning Commission:
1) Adopt the attached resolution certifying the adequacy of EIR
916, prepared for the project: and
2) Approve a three story, 45 foot building height with a maximum
2.0 FAR.
3) Require a minimum 10 foot additional setback along the entire
third floor north elevation of the building.
4) Require the relocation of the 13 at grade parking spaces into
the subterranean parking garage.
S) Require installation of signage and a raised median curb that
forces vehicle traffic exiting the parking garage to turn right
onto Twenty-Third street.
6) Require the provision of an additional amount of landscaping
in the 10 foot average landscaping setback required by Code.
7) Approve DR 89-004, CUP 89-019, PSP 89-017 subject to the fol-
lowing findings and conditions:
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p
FINDINGS
DEVELOPMENT REVIEW FINDINGS
1. with the project revisions and conditions approved by the
Commission the physical location, size, massing, and
placement of proposed structures on the site and the loca-
tion of proposed uses wi thin the proj ect are compatible
with and relate harmoniously to surrounding sites and
neighborhoods, in that the building is located on wilshire
Boulevard, which is characterized by a range of commercial
development, including office buildings with similar
building heights as approved by the Commission and that
the proposed development, with its 2.0 FAR and three story
height and minimum 34' 4" setback adjacent to the north
property line will provide an adequate land use transition
and noise buffer between commercial uses and residential
uses located to the north.
2. The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that the revised site
design will provide adequate driveway and parking facili-
ties and the site is adjacent to a major arterial which
~ill provide vehicle ingress/egress.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the proj ect is
proposed to be an in-fill of an already developed area
with all necessary services and infrastructure already in
place.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in subchapter SG of the City of Santa
Monica Comprehensive Land Use and Zoning ordinance, satis-
factorily meet the goals of the mitigation program, in
that the project will be required to comply with the re-
quirements of this program.
5. The proj ect is generally consistent wi th the Municipal
Code and General Plan, in that the project as conditioned
is designed to meet all code and General. Plan
requirements.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Environmental Impact Re-
port, in that all reasonable mitigation measures recommen-
ded by the EIR have been included as conditions of approv-
al for the project.
CONDITIONAL USE PERMIT FINDINGS
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1. The proposed use is one conditionally permltted wIthin t~e
subJect district and complies wlth all of the appllcable
provlsions of the "City of Santa Monlca Comprehensive Land
~se and zoning Ordinance", in that the C6 Zoning District
encourages restaurant projects and cond~tionally permits
the sale of alcoholic beverages. The ancillary sale of
alcoholic beverages in connection with a bona-fide res-
taurant should not result in adverse environmental
effects.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the site is currently developed with
an 8, 665 sq. ft., restaurant that will be replaced by a
smaller 4,000 sq. ft. restaurant. The potential for noise
and other impacts should be significantly less for the
smaller restaurant. The existing restaurant sells al-
coholic beverages and therefore a new use will not be
introduced onto the site. Any impacts associated with the
existing sale of alcoholic beverages in the larger res-
taurant should be reduced for the reduced floor area res-
taurant. The primary use of the of the 4000 square foot
space will be to provide bona fide meal service. Provided
the alcohol use does not function as a primary use and the
bar does not function as a stand alone bar, the use should
not impair the surrounding district and should encourage
greater use of other commercial uses along Wilshire.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that General Plan Objective
1.6 and the Section 9022.1 of the C6 District encourage
development of restaurant uses that are consistent with
the scale and character of surrounding commercial uses.
The replacement of the existing restaurant that sells al-
coholic beveraqes with a smaller restaurant with alcoholic
beverages should not alter the existinq pattern of land
use.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the new restaurant will contain a
reduced amount of floor area and will be accessed from off
of the adjacent major arterial.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the restaurant use currently exists on the site and will
be reduced in floor area when redeveloped as part of the
larger mixed commercial project. The replacement project
will contain operating hours and service similar to the
previous restaurant use.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
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=
in that lnfrastructure and public utilities exist for the
surrounding urbanized area and the proJect will not result
in a slgniflcant need for new or expanded services.
., Public access to the proposed use will be adequate, in
, .
that the site is located along Wilshire Boulevard and can
be accessed without traveling over residential streets.
8. The physical location or placement of the use on the site
is compatible with and relates harmon~ously to the sur-
rounding neighborhood, in that the restaurant will be lo-
cated directly adjacent to the major arterial and will not
contain a direct view of adjacent residential uses located
to the north. The entrances to the restaurant are located
away from the adjacent residential uses.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the General Plan
encourages restaurant uses along Wilshire Boulevard.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
as stated above.
11- The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, section
9055 of the city of Santa Monica Comprehensive Land Use
and Zoning ordinance, in that the project is conditionally
permitted and will comply with code standards for al-
coholic outlets.
12. The proposed use will not result in an overconcentration
of such uses in the immediate Vicinity, in that the res-
taurant with alcohol sales is intended as a redevelopment
project that will replace an existing restaurant with al-
cohol sales use. The total number of alcohol outlets will
not be increased by approval of the replacement project.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is one
which is conditionally permitted in the C6 District, and
is intended as a redevelopment project that will replace a
larger restaurant with a smaller restaurant. No new
alcohol establishments will be created elsewhere on the
site in connection with the redevelopment project.
Provided the sale of alcoholic beverages remains an
ancillary use in conjunction with the operation of a bona
fide restaurant use, issuance of the permi t should not
result in adverse land use impacts. The restaurant will
allow employees and customers of other proposed onsite
uses to obtain sit down meal service without requiring use
of vehicles to access the restaurant location. The
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restaurant will encourage greater neighborhood and ons~te
pedestrian use.
2 . The proposed use 1S compatible with existing and potentlal
uses wIthln the general area; trafflc or parklng
congestions will not result: the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the redevelopment
project will not contain a large bar area that t could
potentially function as a stand alone bar use, the
proposed hours of use will not conflict with offlce and
retail uses on site and will not result in excessive noise
and traffic during late evening and early morning hours
and the location of the restaurant on the front of the
site will encourage customer access from the major
arterial.
3. The welfare of neighborhood residents will not be
adversely affected in that as indicated the restaurant
will be located on the front of the site and will not
require extensive vehicle use of residential side streets.
The replacement project will be much smaller than the
existing restaurant use and should therefore result in
less potential adverse impacts.
4. The granting of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the restaurant uses is intended as a replacement project.
The existing restaurant contains a full scale liquor
license and therefore the new restaurant will not increase
the amount of alcohol outlets in the area.
5. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playqrounds, parks, and other existing
alcohol outlets in that restaurant is located adjacent to
the Wilshire BOUlevard frontage, is separated from
residential uses to the north by a 15 foot wide alley and
does not contain customer entrances adjacent to the
residential uses. Provided vehicle access is provided
exclusively from Wilshire Boulevard, restaurant customers
will not be required to circulate through adjacent
residential neighborhoods.
PERFORMANCE STANDARD PERMIT FINDINGS
l. The proposed use is listed as a use permitted pursuant to
performance standards contained in Chapter 10 of the City
of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, in that SMMC Section 9050.11 provides for the
development of residential uses in commercial districts
because of their convenience to commercial uses and th
ensure that an appropriate amount of housing is maintained
throughout the entire city.
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"
2. The propoged use conforms precisely to the performance
standards for the proposed use as outllned in Chapter 10
of the City of Santa Monica Comprehensive Land Use and
Zonlng ordlnance, in that development standard pertaining
to the locatlon of units, unit access, vehicle parking,
noise insulation, lighting, design of units, landscaplng,
refuse storage and setbacks have been complied with.
3 . The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the residential units will
be accessed separately from the commercial floor areas,
will contain sound absorbency walls, will contain adequate
setbacks from the surrounding transportation thoroughfares
and will contain adequate residential parking.
CONDITIONS OF APPROVAL
1. To mitigate transportation impacts identified in EIR 916,
the applicant shall consult the Santa Monica Arts Commis-
sion regarding the provision of artwork or other art re-
lated displays in the commercial lobby of the project.
2. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing exclusive
right turn lanes in both eastbound and westbound direc-
tions at the intersection of Wilshire Boulevard and 26th
Street that can be accomplished through restriping.
3. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing exclusive
right turn lanes in the eastbound and westbound directions
and of providing a left turn through lane and right turn
lane in both the northbound and southbound direction at
the intersection of Wilshire Boulevard and 23rd Street
that can be accomplished through restripinq.
4. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing an exclusive
left turn lane a through/right turn lane at the intersec-
tion of Santa Monica Boulevard and 23rd street that can be
accomplished through restriping.
5. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall water the construction site
twice daily to reduce dust generation and increase water-
ing frequency when winds exceed 15 mph. As an alterna-
tive, biodegradable soil stabilizers could be used along
dirt access roads and portions of the site not in current
excavation.
6. Te mitigate short term air quality impacts identified in
EIR 916, the applicant shall cease grading operations when
winds exceed 30 miles per hour (wind speed common during
Santa Ana conditions).
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7. To m~ t~gate short term air quality impacts identified in
EIR 916, establish an on-site speed limit for constructlon
vehicles of 15 mph.
8 . To mi tlgate short term air quality impacts identified ln
EIR 916, the applicant shall cover stockpiled materials to
prevent excess dust.
9. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cover trucks during transpor-
tation of excess dirt.
10. To mitigate short term a ir qual i ty impacts identified in
EIR 916, the applicant shall operate all diesel-operated
construction equipment with a four degree ignition retard.
11- To mitigate short term air quality impacts identified in
EIR 916, the applicant shall use low sulfur fuel and prop-
erly maintain and operate all construction equipment.
Turn-off engines when not in use for more than five
minutes.
12. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall schedule construction related
trips during non-peak hours to reduce peak hour emissions.
13. To mitigate short term noise impacts identified in EIR
916, the applicant shall adhere to the City's Municipal
Code requirements and Ordinance 1458 regarding time
limits for construction.
14. To mitigate short term noise impacts identified in EIR
916, the applicant shall equip each internal combustion
engine with a muffler of a type recommended by the
manufacturer.
15. To mitigate short term noise impacts in EIR 916, the ap-
plicant shall enclose stationary generator engines with
the proper engine housing at all times.
16. To mitigate long term shade and shadow impacts identified
in EIR 916, the applicant shall provide a minimum 34'4"
setback along the entire north elevation of the three
story building.
17. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall make use of glass that has
minimum reflective capabilities for the rooftop skylight
and for windows throughout the building.
18. To mitigate long term I ight and glare impacts identified
in EIR 916, the applicant shall provide no more than 25%
glass on the rear building facade.
19. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall use light building
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.
materials and avoid the use of mirrored or darkly-tinted
exterlor glass. -
20. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall direct exterior lightlng
toward the project and away from residential uses located
to the north. Flood lighting shall be prohibited.
21. To mitigate neighborhood and parking impacts identified in
EIR 916, the applicant shall relocate the 13 at grade
parking spaces into the subterranean parking garage.
There shall be no employee or customer parking provided
adjacent to the 15 foot wide alley.
Plans
22. This approval is for those plans dated February 22, 1989,
a copy of which shall be maintained in the files of the
City planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
23. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zonl.ng Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
24. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
25. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subj ect to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning commission,
Architectural Review Board or Oirector of Planning.
26. Construction period signage shall be subject to the
approval of the Architectural Review Board.
27. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
28. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities: scale and articulation of design ele-
ments: exterior colors, textures and materials: window
treatment: glazing; and landscaping. As part of it's re-
view, the Board shall pay particular attention to the
amount of landscaping located along wilshire Boulevard,
Twenty-Third street and Twenty- Second street. A minimum
10 foot average setback shall contain appropriate land-
scaping materials.
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29. The residential units shall have a separate and secured
entrance and eXlt that lS dlrec'tly accessible to the
parking.
30. The residential units shall be provided two parking spaces
per unit that are clearly marked for residentlal use only.
3l. The residential units shall be constructed so that interi-
or noise levels do not exceed 55 decibels for more than 60
minutes in any 24 hour period and 45 decibels for more
than 30 mlnutes between the hours of 11:00 p.m. and 7:00
a.m.
32. The residential units shall contain exterior lighting that
complies with section 9040.7
33. The second floor area of the building that will accommo-
date the residential units shall contain an exterior ap-
pearance and character which denotes it as housing.
34. Landscaping or another suitable noise buffer shall be
placed adjacent to the resident~al units to reduce noise
and to provide a neighborhood friendly development.
35. The residential units shall maintain a separate refuse
storage container separate from the storage container used
with the commercial floor area. The container shall be
clearly marked for residential uses only.
36. The residential units shall maintain a minimum average 10
foot setback but in no case less than 5 feet from all par-
cel lines.
37. The restaurant hours of operation shall be limited to
11:00 a.m. to 11:00 p.m. Sunday through Saturday.
38. No alcoholic beverages shall be sold prior to 11:00 a.m.
daily or after 11:00 p.m., daily.
39. The restaurant operator shall control noisy patrons leav-
ing the restaurant.
40. The premises shall have the capability to serve food to
patrons during all hours the establishment is open for
customers.
4l. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
42. Seating arrangements for all restaurant floor area(s)
shall not exceed 160 seats and the number of total seats
shall not be expanded by more than 10% unless approved by
the Director of Planning.
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&
43. Take out servlce shall be only incidental to the primary
sit-down use.
44. No alcoholic beverage shall be sold for consumption beyond
the lndoor premises.
45. No dancing or live entertainment shall be permitted on the
premises unless required permits are obtained.
46. The restaurant operation shall at all times be conducted
in a manner not detrimental to surrounding properties or
residents by reason of lights, noise, activities, parking,
or other actions.
47. The operation of the restaurant must be commenced within
six months from the issuance of the Certificate of
Occupancy issued for the commercial portion of the
building. This time limit may for good cause be extended
pursuant to SMMC Section 9114.6.
Fees
48. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air 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 within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
49. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the SUbject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
50. until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
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51. Unless otherwise approved by the Recreation and Parks De-
partment and the Plann1ng Divis~on, at the time of demoll-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 12~2
( CCS) .
52. Irr~ediately 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.
53. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
54. Prior to issuance of a certificate of occupancy for this
project, the project shall comply with any ordinance adop-
ted by the City Council to implement program 10 of the
Housing Element. In the event that such an ordinance has
not been adopted prior to the issuance of a certificate of
occupancy for this development proj ect, this condition
shall be of no further force and effect. Failure to adopt
and implementing ordinance shall not excuse a developer
from the obligation to comply with any other condition
imposed in connection with Program 10 of the Housing
Element.
Construction
55. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
56. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the buildinq permits.
57. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
58. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
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59. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any 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 dewater-
ing 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 normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan: 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
i5) List a designated on-site construction manager.
60. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
61. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
62. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
63. Prior to issuance of a certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica
occupancies with toilets installed prior to 1978 have been
retrofitted with ultra low-flow toilets (1.6 gallons per
flush or less) such that development of the new project
will not result in a net increase in wastewater flows.
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.
Flow from existing occupancies which will be removed as
part of the new development may be deducted from flow
attributable to the new development if such occupanc~es
have been occupied within one year prior to issuance of a
Building Permit for the proposed project. Flow
calculations for new development and existing occupancies
shall be consistent with guidelines developed by the
General Services Department.
64. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, 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 recycling bins:
3) designated recycling coordinator; 4) nature and extent
of internal and external pick-up service; 5) pick-up
schedule; 6) plan to inform tenants/occupants of service.
65. To mitigate circulation impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
transportation demand management plan to the Department of
General Services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development. 2)
Demand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
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 sub-
sidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors; E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers; F. Alternative
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing within three miles of the project site. The
goal of the Transportation Oemand Management Plan shall be
to reduce vehicle trips which would otherwise occur by
twenty percent.
66. Landscaping plans shall comply wi th Subchapter SB
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
Miscellaneous Conditions
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67. The build~ng address shall be painted on the roof of the
bUl1ding and shall measure four feet by eight feet (32
square feet).
68. The operation shall at all times be conducted in a manner
not detrlmental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
69. No medical office use shall be permitted at the site
unless additional parking spaces are created to comply
with the Code parking requirement.
70. 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.
7l. 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.
72. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
Validity of Permits
73. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
74. within ten days of Planning Oivision transmittal of the
statement of Official Action, project applicant shall
sign and return a copy or 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 condi tions. The signed
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
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75. This determination shall not become effective for a period
of fourteen days from the date of determination or, ~f
appealed, untll a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Admlnistrator.
76. The applicant shall comply with the General services De-
partment to provide a 2'611 wide dedication to run adjacent
to the 15 foot wide alley. This dedication shall be be
provided prior to issuance of building permits.
77. The applicant shall install directional signage at the
parking garage exit that indicates right-turn-only vehicle
movement may be made onto Twenty-Third street.
78. The applicant shall install a curved raised median strip
at the parking garage exit that forces vehicles to make a
right-turn-only onto Twenty-Third Street. The specifica-
tions of the curved median strip shall be approved by the
Parking and Traffic Engineer prior to issuance of building
permits.
PROJECT MITIGATION FEE CONDITION
79. In accordance with Sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building
permit the developer shall execute an irrevocable letter
of credit or other form of security acceptable to the City
for the payment of an in-lieu fee for housing and parks
equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00/sq.ft. for the
remaining net rentable office floor area. This fee shall
be adjusted for inflation by the percentage change in the
Consumer Price Index ("CPI") between October 1984 through
the month in which the payment is made. Upon mutual
agreement of the developer and the City, the developer may
satisfy the Project Mitigation measures by providing low
and moderate income housing or developing new park space
on or off the project site. To fulfill this obligation an
agreement shall be secured in writing by the developer and
approved by the City Attorney and City staff prior to is-
suance of a building permit. This fee will be $180,240.20
(if paid prior to April 21, 1990).
Monitoring of Conditions
80. Pursuant to the requirements of Public Resources Code
Section 21081.6, the City Planning Division will coordi-
nate a monitoring and reporting program regarding any re-
quired changes to the project made in conjunction with
project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant
effects on the environment. This program shall include,
but is not limited to, ensuring that the Planning Division
itself and other City divisions and departments such as
the Building Division, the General Services Department,
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the Fire Department, the Police Department, the Community
and Economic Development Department and the F~nance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
slble agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report
submi tted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
Prepared by: Wanda williams, Associate Planner
PC/dr894
WW:ww
03/04/90
~
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ATTACHMENT A
~~~KICI?AL CODE AND GENERAL PLAN CONFORMANCE
Land Use
catego=y Municipal Code Element Project
perrnltted Use general office, same same
retail, restaurant,
residential
Height 3 stories/45 ft. same 3 stories/45 ft.
Setbacks
Front yard 10 ft. average N/A 10 ft. average
Sideyard 10 ft. average N/A 10 ft. average
Rearyard 14'4" N/A 14'4"
F.A.R. 2.0 FAR 2.0 2.0
parking 238 spaces N/A 238 spaces
.
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