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SR-120997-6BPCD S~ KG AS PF # 1planlsY~arelcouncillstoaslsr9T008 Council Mtg December 9, 1997 TO Mayor and City Councd FROM C~ty Staff ~ { ' : } - i DEC 0 9 i991 J Santa Manica, Cal~fom4a SUBJECT Certification of Statement of ~fficiak Action for Appeal of the P~anning Commission Appro~al of Conditional Use Permit 97-OD8 at 1828 Ocean Avenue INTRODUCTION Th~s report transmits for C~ty Council cert~f~cation the Statement of Official Actaon for Appeal 97-013 of Planning Commission approval o# Conditional Use Permit 97-008 ta extend for eighteen (18) months khe r~ghts granted by CUP 94-012 to allow the de~elopment of a 127 car park~ng lat in the RVC Residential Vis~tor Commerc~al zoning distrkct The sub~ect property is located at 1828 Ocean Avenue On October 1~, 1997, the Council den~ed the appeal and upheld the Planning Commission approval based on fhe findings and condif~ons contained tn fhe attached Statement af OfficEal Action BUDGETIFINANCfAL IMPACT The recommendatron presented ~n this report dves ~ot f~ave a~y bu~get ar fmancia~ rm~act 1 ~~ . ~ ~EC ~ 9 f~97 ~~ REC~MMEI~QATl~N !t is respectfully recommended that the City Council approve the attached Statement of Offic~al Act~on Prepared by S~zanne Fnck, Direcfor of Plar~rnng and Commun~ty De~elopment Karen Ginsberg, Planrnng Manager Amanda Schachter, Senior Planner Paul ~afey, ~tssoc~a#e €~lanner City Planning Division Plann~ng and Commun~ty De~elopment Department Attachments A Statement of 4ffiaal Actian 2 ATTACHMENT A ~ M :~k ~a 7 CLT~' OF SANTA MONICA PLANNL\TG COl~Sl~~ISSION STA3'EIVIENT OF 4FFICIAL ~~Tlo~v PROJECT CASE ~,'U~'l~ER CUP 97-008 LOCATION 1828 Ocean Avenue APPLICAl`TT DMP Inc , dba The Pnt~lun Longevrt~ Center CASE PLA~'~Tti'ER Pau~ Foley, Associate Planner REQUEST Appl~cation for Condrtional Use Pernut to allow a 127-space I surface parking lot to be developed in the RVC Distnct CEQA STATUS The pro~ect is categonca~~y exempt from the pro~~s~ons of GEQA pursuant to Class 1 of the State Guidelmes in that ~t is a nunor alteration of use from a restaurant facil~ty w~th parlang (u~hich was the last perm~tted use at the s~te) to a park~ng lot use PLANNII~G C011•i11s7SSIO~T ACTION 8/6/97 Date X Appro~~ed based on the falio~~ving findings and sub~ect to t~e condit~ons below Demed 1 ~~ -!~}G4 O#~-er ~~+'FECTIVE DATEISI OF ACTION{Sl IF 1lQT APPEALED: 8/20/97 Condi~ional Use Fernut 97-008, if rtghts nat exerc~seci EXPIR.ATION DATE(Sl OF A1V'Y PER~TITS GR~INTED: 2/2d/99 Cond~tionat Use Permit 97-008, ~f rights not exercised LENGTFi OF ANY POS$ISLE EXTENSION OF EXPI1t~TION DATE BY ZONING ADMINISTRATOR: Any request #'or an extension of the expirat~on date must be rece~ved cn t~e City Plamm~g DEVisian prior ~o expiration of #tvs permit Further extension may be granted by Planning Commiss~on Lf request far e~ension ~s requested at least one month prior to expiration 6 inonths Conditional Use Perrrnt 97-008, ~f nghts not exercised ~QNDITIO~VAL U$E PERMIT FIh~~TGS The proposed use is ane condit~onally permrtted vv~tlun the subject d~strict and complies wrth all of the a~pIicab~e prozisians of the "C1ty of ~anta Mon~ca Com~arehenstve Land L~se and Zomng Qrdinance", m that a parlus~g lot ~s a condrtionally pernvtted use with~n the RVC District and the proposed par~ng lot conforms wrth all apphcable Zonin~a Ord~nance standards 2 The proposed use would not unpau- the integnty and character of the district in which ~t is to be established or locared, m that the RVC Distr~ct allavus a range of commerczal and res~dential uses, including surface parkmg lots, and the area has been identified by the Cal~forma Coastal Comm~ssion as needing addrtional oi~ street park-ng spaces 3 The sub1ect parcel js phys~cally~ su~table for the type of land use being proposed, m that it ~s a graded parcel w~th adequate vehicular access 4 The proposed use ~s compatible w7th arly of the land uses presently an the s~b~ect parcel if the present land uses are to rerna~n, in that the present use of the sste as a park~ng lot ~vas cornmenced u~thout the neeessary perm~ts after ciemolrtion of the str~ctures on the s~te, and no other uses are praposed to rernaln at the site The propased use would be compatible w~th exist~ng and permissible land uses vaithin the d~str~ct and the general area m wh~ch the proposed use is to be located, in that a surface parku}g lot ~s a condit~onally pernvtted use ~n the RVC Distnct, and the proposed parkmg lat would be located in an area of mixed commerc~al, multifatmly, and smele fam~l~~ uses, and 2 ~'~ ' ~Ua would contam a generous amount of landscaping in excess of cade requirements u~h~ch wil! prov~de an ameruty to the ne~ghborhood In additton, it is cansistent wrth General Plan Land Use and Circutation Eiement Ob~ective 1 5 and Loca( Coastal Pro~ram Pol~cies 6 ar~d 48 6 There are adequate pro~~sions for water, sarvtat~an, and public utilities and sen~ces to ensure that the proposed use would not be detnmental to public health and safety, m that the sub~ect parcel ~s an infill pro~ect ~n a dev~loped urhan area 7 Public access to the proposed use w-lE be adequate, in that vehicular ingress and egress will be provided affof P~co Boutevard, as approved by the City Park-ng and Traffic En~meer 8 The physical location or placement of the use on the srte is compat~ble w~th and relates harrnoniously to the surround~ng neighborhood, m t~at a substantial landscape buffer ~s proposed around the entire site, with a large number of trees which, when fully mature, w~tl pravide a sign~ficant amervty to the nei~hborhood In add~t~on, the propasal w~ll address the need for off-street parking m the neighborhaod 9 The proposed use is cons~stent with the goa~s, ob~ectives, and policies of the General Plan, in that it is cons~stent with Land Use and Cjrculation Element (LUCE) Poljcy 3 5 4 to landscape all surface parlcuig lots on the beach, and LUCE Ob~ective ~~ of the General Plan wtuch states that the Czty should encourage the expansion of "~~s~tor accommodations and related uses m the Oceanfront area, wlule pratectmg the res~denttal rrux," and Pahcy 1 5 1 states that the City should "devate Ocea~front Distnct primarily to vis~tor accommadatjons and comtnerc~al recreat~on," which ~s accotnpl~shed by alla~~~ng the construct~on of a landscaped parlcmg lot wh~ch would be ut~l~zed by an exist~ng vjsitor-serving fac~l~ty ~n the Oceanfront D~strict Furthermore, the proposal is consistent u~ith the six ~oals identtfied in the Local Coastal Plan, ~nclud~ng Goal 4 to "assure pnonty for coastal-dependent and coastal- related development over other development on the coast," and Goal b to "encaurage public and recreational use and en~oyment ofthe caast wt~~le ensuring that the very resources that make the coast so valuable for human en~oyment are not spoiled " It 1s also cons~stent wi#h General Access Pol~cy 6, encouragm~ the provision of parkmg, and Scen~c and V~sua~ Resource Policy 48, which states that "in all new development, public and pnvate parking lots shall be landscaped " 10 The proposed use ~~vould not be detnmental to the pubGc interest, health, safety_ convemence, or general we~fare, m that it ~s a cond~tionally permitted use v~~thin the RVC D~str~ct and is condst~oned to require that a secunty plan be approved by the SMPD pnar to commencement of the use I I The praposed use conforms precasely to the appl~cable perfarmance standards cantained m Subchapter 9 04 12 and spec~al conditions outhned in Subchapter 4 04 14 of the Grtr of Santa Moruca Comprehensrve Land Use and Zaning Ordinance, ~n that no Perforrnance Standards Perm3t ~s required and no special condrtions are ~dent~fied for conditionally permitted parking lots •~~ ° ~Co 12 The proposed use w~ll not result ~n an overconcentrat~on of such uses ~n the ~mmed~ate viciruty, in that no surface parking lots wQUld be cmmediately adJacent to the subJect site ar~d there ~s not a predommance of pr~vately-awned surface parking lots in the general ~nciruty C~NDITI~NS Plans Th~s approval is for those plans dated Apri! 10, 1995, a copy of wh~eh shall be ma~ntamed in the files of the Crty Planntng Divisian Pro~ect development shall be consistent ~;~ith such plans, except as otherw~se specified ~n these condrtions of approval 2 The Plans shall comply w~th all other provisions of Ghapter 1, ~-ticle IX of the Murucipal Code, {Zotung Ordinancej and alI other pertinent ordinances and General Flan palicies of the City of Santa Momca 3 Final parking lot layout and spec~#'ications shall be sub~ect to the rev~ew and approval of the Park~ng and Traffc Eng~neer 4 Iv~inor amendrnents to the plans shall be sub~ect to approval by the D~rec~tor of Plannmg A sigiufican~ change in the approved concept shall be sub~ect to Plannina Commrssion Rev~ew Construct~on shall be ~ conformance with the plans subrrutted or as modified by the Plannmg Comrn~ssion, Arc}utectural Review Board or Director of Plannmg Architectural Review Board Prior to consideration af the project by the flrchitectural Revtew Board, the appl~cant shall revZew disabled access requtrements v~nth the Bu~ldmg and Safety Division and make any necessary changes in the project design to acf~ieve compliance E~v~th such requirements The Arch~tectural Revtew Bo~rd, in ~ts revseu~, shall pay part~cular attentzon to the aesthet~c, laridscap~ng, and setback unpacts of any ramps or other featUres necess~tated by access~b~Z~ty requirements 6 Prior to subrruttal of iandscape plans for Arcl~utectural Rev~ew Board approval, the app~icant sl~all contact tne Department of Env:ronmenta~ anc~ Public Works Mar~agemerit regarding urban n.mof~' pians and calculations 7 Construction per~od s~gnage shall be sub~ect to the approval of the Archrtectural Review Board Plans far final des~gn, landscap~ng, screening, trash enclosures, a.nd signage shall be sub~ect to review and appraval by the Architectural Rev~ew Board ~~ l 9 The Arclvtectural Rev~ew• Board, in ~ts re~iew, shail pay particular attention to the pro~ect's pedestnan onentation and amen~ties, exter~or colars, texiures and materials, and Iandscaptng 10 Landscapmg plans shail comply w~th Subc~apter SB (Landscaping Standards) of the zoning ordinance including use of water-conservmg Ianciscaping matenals, ~andscape mainfenance and o~her standards contained ra the Subchapter 11 Refuse areas, storage areas and mechan~cai equipment shall screened in accordance with SMMC Section 9 04 lfl 02 130-9 04 l0 02 150 Refuse areas shall be of a s~ze adequate to meet on-srte need, including r~cychng The Archi#ectural Review Board ~n ~ts re~7ew sha~l pay particu~ar attention to t~e screenmg af such areas and equ~pment Canstructian 12 Unless otherwise approved by the Department of Environmenta~ and Public Works Management, all sidewalks shall be l~e~t clear and passable dur~ng the grading and con- struct~on pnase caf the proJect 13 Siciewaiks, curbs, gutters, pav~ng and dr~veways wh~ch need replacing or removal as a result af the pro~ect as aeter~enea by the Department af Environmenta~ anc~ Publac 1~~'orks I~~anagement shali be recanstructed to the sat~sfact~on of the Department of En~iranmental and Publ~c Works Management Appro~al for this work shall be obtamed from the Department of En~~ronmental and Publtc V1'arks Managemer~t pnor to ~ssuac~ce of the builasng pernuts 14 Ve}z~cles hau~ng d~rt or ather constn2ct~on debns from the s~te shall cover any apen ]oa~ w~tY~ a tarpaulin or other secure covenng ta m~ntm~ze dust em~ssions 15 Street trees shail be maintained, relocatec~ or prov~ded as rec}~~red ~n a manner cons2stent w~th the C~ty's Tree Code (Ord 1242 CCS), per the specificat~ons of the Communrty and Cultural Sen-~ces Div~sion and the Department ofEnvironmental and Pubhc Warks Mana~ement 'Vo streei tree shall be removed w~thout the approvai of the Comm~n~ty and Culrvral Senr~ces Division 16 A construction period m~t~gation plan shall be pre~ared b}~ the appl~cant for approval by the Department of En~ronmental and Publ~c Works Management pnor to ~ssuance af a building pernut The approved rrutigat;on ~Ian shalj be posted on the canstruct~on s~te for the duratian of the pro~ect construct-on and shall be produced upon request As applicable, this plan shall a) Specify the names, addresses, telephane numbers and business license numbers af all contractors and subcantractors as weli as the develaper and arctvtect, b} Descnbe how demolition afany e~stu~g structures ~s to be accomplished, c) Indicate where any cranes are to be located for erect~on/constructian, d) Describe how much of the pubijc street_ alleywa_y, or sidewalk is proposed to be used in con~unct~on w~th co~struction, e) Set forth the extent and nature of any p~le-driving operations, ~ Descr~be the length and number of any~ t~ebacks 5 aj°~' ~i11t] w}uch must extend under the property of other persons, g) Specify the nature and extent of any dewatering and ~ts effect on ar~y adlacent build~ngs, h) Descr~be antic~pated co~struct~on- related truck routes, number of trucktr~ps, haurs of hauhng and park~ng locatian, i) Specify the nature and extent of an~ helicopter hauhng, ~) 5tate whether any constructton act~vity beyond narmally permrtted hours is proposed, k) Describe any proposed construct~on no~se tnitlgatian measures, 1) Descnbe construction-penod secunty measures mcluding any fencing, l~ghtting, and secunty persannel, m}Prov~de a dra~nage plan, n} Provide a construction-penod parlang plan which shall minimize use of publzc streets for parkin~. o) L~st a desl~nated on- site construct~on manager 17 A sign shall be posted on the praperty in a manner cons~stent w~th the public hearing sign requu-ements wluch shall ident~fy the address and phone number of the owner andlor applicant for the purposes of responding to questions and campla~nts dunng the constructtQn penod Said sign shall also indicate the hours of perm~ss~ble construction work 18 A copy of these canditions shall be gosted sn an easily visible and accessible locat~on at a~l t~mes dur~ng cor~str~,iction at the profect slte The pages s~all be lamrnated or otherwlse protected to ensure durability of the copy Mjscellaneous Condit~ons I9 The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, no~se, act~v~t~es, parking or other actians 20 If any archaeolog~cal rema~ns are uneovered dunng exca~at~on or constructlon, ~vork ~n the affected area shall be suspended and a recoen~zed specialist shall be contacted to canduct a survey afthe af~ected area at pro~ect~5 Ob~~ner's expense r~ determinatyon shall then be made by the Director of Planning to determine the sigmficance af the survey findings and appropriate act~ons and requirements, if an_y, to address such findmgs 21 Street and/or alley hghting shall be pro~ided on public nghts-of-way ad~acent to the pro~ect ~f aad as needed per ihe specifcat~ons and w~th the approval of the Department of Environmer~tal and Pubhc Works Managernent Val~d~ty of Permrts 22 In the event permittee v~olates or fa-1s to comply with any condrtions of appraval af tlus pernvt, no further pernvts, hcenses, approvals or cert~icates of occupancy shall be ~ssued until such violat~on has been fully remedied 23 Witlvn ten days of Planning Div~s~on transm~ttal of the Statement of Offiaal Action, pro~ect apphcant shall sign and return a copy of the Statement af Official Action prepared by the Planrung Drvisian, agreemg ta the Conditions of approval and acknou~lede~ng that failure to compiy ti~th such condtitions shall constitute grounds for potential rerocatton of the perztut 6 ~..~, ~ i~~J approval By slgning satr-e, applicant shall not thereby waive any legal r~ghts applzcant may possess regarding sa~d condrt~ons The s~gned Statement shall be returned to the Plaruung Di- vts~on Failure to camply with ~h~s condrtion shall constitu~e grounds for potential pernvt revocation 24 Ttvs detetmmat~on shall nat become effect~ve for a period of fourteen days fram the date of deterrrunat~on or, if appealed, until a final determination is made on the appeal An}~ appeal must be made in the form requ~red by the Zon~ng Adrrumstrator The approval of th~s perrrut shall exp~re if the r~ghts granted are not exercised wit~in e~ghteen (18) months from the perm~t's ef~'ect~ve date Exercise of these nghts sha11 mean issuance of a building permrt to begin construction, ha~~r~e~ler, the pernut shall also expire ~f the building perr~ut exp~res, if final ~nspect~on is not completed or a certificate of occupancy is not ~ssued within e~ghteen (18) rnonths of buiiding permit ~ssuance, or if the rights granted are not exercised within 5ix (b) months following the earliest to occur of the followm~ ~ssuance of a certificate of occupancy or, if no certificate of occu}~ancy is required, the last required final inspection for the new construc~ion One s~x-month extension of the eighteen (18) month period may be perm~tted if approved by the Dtrector of P~anrung The appl~cant may apply to the P1ann~ng Commisstan for any further extension if such request is filed at least one manth pr~or to the perm~t's expiration, pursuant to SNiMC Section 9 04 20 12 Ob0 as amended by Ordinance 1798 (CCS) Applicant is on natice that tlme extens~ons may not be granted if de~elopment standards rele~~ant to the pro~ect have become more restncttve since prolect appro~~al Special Conditions 25 Pnor to commencement of use of the proposed parkmg lot, the applicant shall obta~n approval from the Santa Monica PoLce Department of a Secunty Plan for the operation of the proposed Parking Lot 2b Pnor to subrr~ssion to Architectural Revietiv Board, the appl~cant shail submit deta~led fence plans which demonstrate that fence heights are cons~stent w~ith Ad~ustmem 95-002 appraved 10/25/9.i and, per the apphcant's request, extended by the Zorung Adm~n~~trator pursuant to SNIMC Section 9 04 20 34 OSO(b} until November $, 1997 27 In rts review, the Architectural Review Board sha11 carefully exarrune the treatment of the pro~ect srte's southeast corner (at the ~ntersection of Pico Boulevard and Ocean Avenue) as a gateway, and shall review the landscaping along Pico Boule~ard to ensure that ~t is compat~ble unth the landscaping an ihe public nghi of way on P~co Boulevard ~n the vicin~ty of ihe pra~ect site 28 Appl~cant shall cont~nue to comply wrt~ the applicable transportahon demand management requ~rements of the Crty of Santa Moruca, as set farth in Santa ~Vlaruca Municipal Code Chapter 9 i 6, and the South Coast Alr Qua~rty Mana~ement D~str~ct b_y maintaining a transportation demand management plan to reduce car trips to an from the apphcant's business at 1910 Ocean ~ront t~alk Ap~licant acknowledges that its plan cu~-rently ~ncludes 7 ~. ~ {J ~. ~ the fallo~nng measures, wh~ch appllcant agrees to cont~nue unless otherw~se authonzed by the Crty of Santa Moruca's Transporta~~on Management Coordinator {a) Applicant shall charge ~ts emptoyees for par~ng, {b) Appticant sha11 provzde 10 preferential parking stalls m its parking lot for car and van pools, (c} applieant shall mamtam a secure area to store bicycles with a capacity of at least 25 btcycles, (d} Applicant shall prov~de showers for ~ts employees who comm~te to and fram work an bicycles, and {e) Appl~cant shall matntain an incentive or reward system to encourage rts empfoyees to part~cipate in a rideshanng program 29 In the event that the sui~}ect property is purchased by the Edward Thomas Management Campany, the apphcant shall pro~~de a construction schedule, subject to the appra~~al of the Director of Planning, which calls for the proposed pro~ect to commence constructian and install landscaping at an early stage of the remodelltng of the hotel property located at 1910 Ocean Avenue VOTE Ayes Bretsch, Gruber, Maench, Weremiulc, Zmner Nays Abstain Absent Bradley, Parlee NOTICE Ifthis is a final dectslon not sul~~ect to further appeal under the City af Santa Moroca Comprehens~ve Land Use and Zamng Ord~nance, the t~me wzth~n wtuch Jud~c~al rev~ew of th~s deeision must be sought ~s governed by Gode of Civil Procedure Section 1a94 C, wh~ch pravis~on has been adopted by the City pursuant to Municipal Code 5ection 1400 8 ~ . f~ 1 j I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commissian of the City of Santa 1~Ionica. signature John S. Zmner_ Chairnerson date i hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constit~te gro~nds for pntentia! revocation of the permit approval. Applicant's Signature Pr~nt Name and Title f 1p1an1sharelpclstoaslcup97008 9 -a ;r r r'~ 1 n i ~