The URL can be used to link to this page

SR-0 (85) ( \ ~" '-'J.,.I~~ - v.... ~"_ -.-'" C/ED:PB:DKW:~~:ww PC/ccdr894 Council Mtg: May 22, 1990 Santa Mon~ca, Californ~a TO: Mayor and City Council FROM: city staff SUBJECT: Appeal of Planning Commission Approval of Development Review 89-004, Conditional Use Permit 89-019 and Performance standards Permit 89-017, for Development of 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 Appeal Also Pertains to EIR 916 That Was Certified by the Planning Commission. Applicant: Century West Development, Inc. Appellants: Save Our Neighborhood Committee and Mid City Neighbors. INTRODUCTION This report recommends that the City Council deny the appeal application and uphold the Planning Commission action on DR 88-005, CUP 88-019, PSP 89-017 and EIR 916. The Planning commission voted 4-1 to approve the project and certify the EIR. (See Exhibit A) . On April 18, 1990, the applicant appealed the Planning commissionts approval of the project (See Exhibit B). The appellants request City Council denial of the above applications and decertification of the EIR. BACKGROUND On April 4, 1990, the Planning Commission approved a proposal to demolish an existing restaurant, retail flower shop and two vacant rent controlled residential units located on the 30,825 - 1 - ( sq.ft., C6 zoned s:te to pe~it the development of a t~ree sto~y, 61,650 sq.ft. (2.0 FAR), 45 foot high, mixed use co:mmerc.:..al bUJ.lding. The first floor of the project contains a 14,489 sq. ft. of retail floor area, a 4,000 sq.ft., restaurant and a 1,59~ sq.ft., covered parking area. The second and third floors contain 39,767 sq.ft. of office floor area and two relocated second-floor rent controlled residential units that are presently located on the northeast corner of the site. A Category 110" removal permit was granted by the Rent Control Board to allow the demolition of the two existing units. The two relocated second floor units will be situated a minimum distance of 24 14" from the nearest property line and will be 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. A Performance standards Permit is required to permit residential units in the C6 District. 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 Conditional Use Permit is required to permit the on-sale General (Type 47) alcohol sales use in connection with the pro- posed 160 seat. The restaurant use is permitted by right in the C6 District and the CUP request pertains only to the alcohol sales use. The restaurant floor area is located on the southwest - 2 - ( corner of the site (Wilsh1rejTwenty-Second Street) ar.d wlll have operating hours of 11:00 a.m. to 11:00 p.m. da11y. The reta~l space will be located along the remaining publlC street frontages (Wilshire/Twenty-Third). A total of 135 off1ce, 10 retail and 15 peak hour restaurant employees are proposed. The proposed project will provide 225 subterranean parking spaces accessed by a driveway on 23rd street and located approximately 75 feet north of Wilshire Boulevard. Thirteen at grade parking spaces accessed from an abutting 15 foot wide alley, require vehicle use of 22nd street or 23rd Street. A total of 133 park- ing spaces (calculated at 1 sp. per 300 sq. ft.) are required for the general office floor area. A total of 48 spaces (calculated at I sp. per 300 sq.ft.) are required for the retail portion 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 required for the two residential units (calculated at 2 spaces per 2 bedroom unit) . The combined 238 parking spaces comply with the Code parking requirement estarlished for the mixed use project. There are no tandem parking spaces proposed. Twenty-nine percent of the combined 234 commercial parking spaces are designated as com- pact parking spaces. An Environmental Impact Report was prepared to evaluate potential environmental impacts resulting from project development. (See Exhibit C). The EIR evaluated traffic, shade and shadow, noise, air, land use, plant life, sewer and light and glare areas and - 3 - concluded that all potential adverse environmental impac~s can be reasonably ~1tigated to a level of nons1gnificance. During the April 4, 1990 hearing, neighborhood residents and me~- bers of the Mid-City Neighbors organizat1on expressed concerns regarding potential traffic intrusions that might result frc71 locating the parking garage driveway on Twenty-Third Street, the scale and mass of the three story building, and the need to re- quire adoption of a statement of overriding considerations to address cumulative impacts identified in the EIR. The Planning commission determined that the location of the garage driveway ramp, along Twenty-Third Street (approximately 75 feet north of Wilshire Boulevard) would not result in greater neighborhood traffic intrusions for residents located north of the site, that the building'S perceived scale and mass was great- ly reduced by extensive articulation, fenestration and focal design elements and that as indicated in the FEIR, under CEQA Section 15091, a statement of overriding considerations is re- quired only if the specific project being considered will result '" in significantly adverse unavoidable impacts. The Commission determined that the project alone would not result in significant adverse impacts that could not be reduced to a level of nonsig- nificance when mitigation measures are applied. On April 18, 1990, the appellants filed an appeal for the project that states: 1. There is no evidence to support the argument mitigation measures will be effective and the require adoption of a Statement of Considerations; that traffic project will Overriding - 4 - 2. Al ternat:.ve forms of vehicle access and egress 'were no":. substant~ally considered by the Pla~ning Commlsslon; 3. Mi tigation measures recommended for the intersection of 23rd Street and Santa Monica Boulevard are lnfeaslble and dangerous; 4. The developer may have been given credit for a mitigation measure at 26th and Wilshire that was previously awarded to another project: 5. The commission did not seriously address staff's recommen- dation of an additional 10 foot setback at the rear of the project. Considering recent litigation regarding real estate value and the l~ss of sunlight, this has far reach- ing ramifications; 6. Cumulative impact for three projects within the area (200,000 sq.ft., of development and an increase of 5,000 car trips) was not considered. ANALYSIS The issues raised in the April 18, 1990 appeal form were exten- . sively"evaluated as part of the EIR process, in the Planning Com- mission staff report and discussed during the April 4, 1990 Plan- ning Commission hearing. Several of the issues were also dis- cussed during a March 27, 1990 neighborhood meeting conducted by the Mid-City Neighbors. The first appeal issued -cited by the appellants indicates that there is no evidence to support the argument that traffic mitiga- tion measures will be effective and therefore, the project will require adoption of a statement of Overriding Considerations. The Final EIR and Planning Commission staff report clarify under what circumstances a Statement of Overriding Considerations must be adopted. Under section 15091, a statement of overriding con- siderations must be adopted when the specific project being con- sidered will result in adverse environmental impacts that cannot - 5 - ,. ex<:er.d the r:ef'";~:r:.'! ~o 12: 30 A. U. Seco:1d by Councilrn'.mber Abdo. T,e ro~:on was a;prcved, Councllmember Genser opposed, Mayor ?ro :-e~t:ore F1J"lkel and co:.:.r.cllrnerr.ber Jenn'l1gs absent. Mayor Zane :"ov.=:1 to amerd the rnotlcn to condJ. tJ.on the ap;.roval of thJ.s pro] ect on ~ngress on Wllsh.lre Boulevard, egress on Wllshire Boulevard rlght-turn-only, and egress on 23rd Street ::-:ght:.-t'...lrr.-only. The amendment was accepted as friendly. S1l.SCUSSlcn .....as he~d. CouncJ.lmember Genser moved a substitute ~otion to approve the appeal and deny the pro)e=t. The motlon dJ.ed for lack of a second. Oiscussion was held. Councilmember Reed moved to extend the meeting to 12:45 A.M. Second by Councllmember Abdo. The motion was approved. The main motion, to deny the appeal, certify the EIR, and approve the project as amended, was approved by the following vote: council vote: Affirmative: Counci1members Abdo, Mayor Zane Negative: Councilmember Genser Katz, Reed, Absent: Councilmembers Finkel, Jennings 12-C: CUP 89-072/TPM 21640jCONDOMINIUMS/1109 16TH ST~EET: the reconsiderat~on of an appeal of Planning Commission approval for cUP 89-072 and TPM 21640 to allow a 4-unit condominium at 1109 16th Street was continued to the meeting ~f May 29, 1990. l:3-A: HOMELESS PROGRAM/SWASHL09K: Tt ~'ttlg to discus~ a program to prov shower, laundry, locker, and job refe, homeless was cont~~ued to the meeting of ! ~quest of M; chela A. increased 4c~ess to t'aciliti<!s for the 1990. 13 -B: CAMPAIGN FINANCING REFORMS: '1:' Rosenstein to Q~SCUSS proposals on campaign l continued to the meeting of May 29, 1990. l3-C: LOW INCOME INCLUSIONARY HOUSING RULES: The request of Nathan Pratt to discuss amending the low income inclusionary housing rules for new construction was continued to the meeting of May 29, 1990. "Uest of Paul n9 reforms was 14-A: PROPOSITION l07t The request ot Mayor Zane to discuss support for State Proposition 107 "Housing and Homeless Bond Act of 1990, If was consitlered with Item .LO-A. 14-B: TORCA: The request of Mayor Zane to discuss a possible Charter amendmen~ to prohibit non-TORC1 condominium conversions was continued to the meeting of May 29, 4990. 14-C: PROHIBITION OF DEMOLITION OF MULTI-FAMILY HOUSING: The request of Mayor Zane to discuss a Charter amendment to prohibit demolition of mUlti-family housing without a building permit for a replacement unit was continued to the meeting of May 29, 1990. 9 May 22, 1990 :elt the ErR was co~plete and contained a full disclosure of the facts. The second issue ra1sed by the appellants indicates that alterna- tive forms of vehicle access and egress were not substantially considered by the Planning Commission. In fact, the FEIR (p. 5- 41) did consider project access from wilshire Boulevard as a vehicle access alternative and found that attempting to make mid- block left turns off/onto wilshire without the aid of a traffic signal would be difficult to accomplish and could result in other adverse motorist and pedestrian impacts. The Planning Commis- sion concurred with the FEIR finding and approved access as shown on plans, along Twenty-Third Street. Prior to distribution of the FEIR, the City Traffic Engineer and EIR traffic consultant (OKS) discussed the feasibility of providing vehicle access on wilshire Boulevard and concluded that access from Twenty-Third, near a signalized intersection would be more appropriate. . The third issue cited in the appeal form states that restriping mitigation measures recommended for the intersection of 23rd 10' Street and Santa Monica Boulevard are infeasible and dangerous. The City Parking and Traffic Engineer reviewed the proposed mitigation measures and determined that the proposed restriping measures would not require narrowing of the traffic lanes below widths acceptable under City traffic engineering standards and that the reduced flow associated with narrower lanes would be compensated for by the addi tional lanes resul ting from restriping. The proposed measure does not alter the existing widths of lanes on the north leg of the Santa Monicaj23rd - 7 - ( , ~ntersect.~on. The FEIR, Clty staff and Plann~ng CO~~:SSlC~ deterll\ined that that danger to rnotor~sts and pedestrians wo\.:.ld. not result from the restriping measure. Si~~lar restr~p~ng measures have recently been approved for other pro] ects (i. e. I 2919 wilsh~re, 800 Wilshire) . The fourth appeal issue indicates the developer may have been given credit for a mitigation measure at 26th and Wilshire that was previously awarded to another project. The FEIR (pp. 5-28 to 5-:3 2) provides a description of mitigation measures that have been approved and projects located within the project vicinity. On October 10, 1989, the city Council approved a development proposal for a four story, 47,990 sq.ft., office building at 2919 Wilshire Boulevard subject to the following condition: If requested by the Department of General Services, the developer shall participate in the cost of creating four through lanes in both directions of wilshire Boulevard at 26th Street. In addition, three through lanes in the northbound and southbound direction, and a right-turn lane in the northbound direction will be necessary. The additional lane configurations have not been requested by General Services. The.. scope of the previously approved mitigation measure also differs from the proposed mitigation measure. The proposed mitigation measure provides: 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 directions at the intersection of wilshire Boulevard and 26th Street that can be accomplished through restriping. The mitigation measure approved for 2919 wilshire Boulevard does not require installation of exclusive right turn lanes on Wilshire Boulevard. Nonetheless, the mitigation measure approved - B - \, for the 2919 W~lshire Boulevard development lS referenced and factored into the FEIR. The fifth issue raised by the appellants states that the Commission did not seriously address staffls recommendation of an additional 10 foot setback at the rear of the project. The FEIR indicated that during winter solstice the building would cast a shadow length of 123 feet for a maximum of 105 minutes. The FEIR concluded that the impact would be adverse but less than significant. The Planning staff recommended in its report to the the Commission the provision of an additional 10 foot setback on the entire third floor of the project, to address shade and shadow impacts and to increase solar access for projects located north of the site. During the pUblic hearing the developer presented a shadow diagram that showed the 10 foot setback would result in a negligible difference in solar access for residential units located to the north. The Planning Commission determined that the diagram presented by the developer was accurate and convincing and therefore deleted the proposed staff condition pertaining to the added s2tback. The final appeal issue indicates that the cumulative impact for three projects within the area (200,000 sq. ft. of development and an increase of 5,000 car trips) was not considered. The traffic analysis prepared by OKS considered cumulative traffic impacts for projects listed on the city1s cumulative projects caselist. In accordance with C:.:.y practice, the list is set at a given point in time to avoid constant recalculation of impacts due to the regular submittal of new development applications. The - 9 - \ traff~c report methodology and analysis were rev~ewed a~d approved by City staff and reflects adopted C~ty policy concerning traff~c mitigation. BUDGET/FINANCIAL IMPACT The recommendations presented in this report do not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the Planning Commission's certification of EIR 916 and approval of DR 89-004, CUP 89-019 and PSP 89-017 based upon the following findings and conditions: DEVELOPMENT REVIEW FINDINGS 1. With the project revisions and conditions approved by the Commission and Council, the physical location, size p. mass- ing, and placement of proposed structures on the site and the locat~on of proposed uses within the project are com- patible w1th and relate harmoniously to surrounding sites and neighborhoods, in that the building is located on Wil- shire BOUlevard, which is characterized by a range of com- mercial developmen~, including office buildings with simi- lar building heights as approved by the Commission and Council and that the proposed development, with its 2.0 FAR and three story height and minimum 24'4n setback adja- cent 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 will provide vehicle ingress/egress. J. The health and safety services (police, fire, etc.) and pUblic infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is proposed to be an in-fill of an already developed area - 10 - wlth all necessary services and infrastruc~ure already i~ place. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigatlon measures required in Subchapter 5G of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project will be required to comply with the re- quirements of this program. 5. The proj ect is generally Code and General Plan, in is designed to meet requirements. consistent with the Municipal that the project as conditioned all code and General Plan 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 PER~IT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the C6 Zoning District encourages restaurant proj ects and conditionally permits the sale of alcoholic beverages. The ancillary sale of alcohollC 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 - 11 - t~e scale and characte~ of su~~ounding ccm~erc~al uses. The replacement of the ex~sting restaurant that sells al- cohol~c beverages with a smaller restaurant with alcohol:c beverages should not alter the exist~ng 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, in that infrastructure and public utilit~es exist for the surrounding urbanized area and the project will not result in a significant need for new or expanded services. 7. Public access to the proposed use will be adequate, in that the site is located along wilshire Boulevard and can be accessed without traveling over residential streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the restaurant will be lo- cated directly adjacent to the major arterial and will not contain a direct view of adjacent residential uses located to the north. The~entrances to the restaurant are located away from the adjacent residential Uses. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the General Plan encourages restaurant uses along Wilshire Boulevard. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, as stated above. 11. The proposed use conforms precisely to the applicable per- formance standards contained in SUbchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning ordinance, in that the proJect is conditionally permitted and will comply with code standards for al- coholic outlets. - 12 - "' l2. The p~oposed use will not result in an overccncentrat~o~ 0= s~ch uses in the ~m~ediate v~cin~ty, ~n that the res- taurant w1th alcohol sales is intended as a redevelopme~t project that wlll replace an exist1ng restaurant with al- cohol sales use. The total number of alcohol outlets w~ll not be 1ncreased 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 permit 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 restaurant will encourage greater neighborhood and onsite pedestrian use. 2. The proposed use is compatible with existing and potential uses wi thin the general area; traff ic or parking 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 proj ect will not contain a large bar area that could potentially function as a stand alone bar use, the proposed hours of use will not conflict with office and retail uses on site and will not result in excessive noise and traffic during late evening and early morning hours and the location ..of the restaurant on the front of the site will encourage customer access from the maJor arterial. - 13 - 3. ~he welfare of neighborhood residents w111 not be adversely affected in that as indlcated the restaurar.t will be located on the front of the s1te and will not requ1re extens1ve vehicle use of residential s1de streets. The replacement proj ect will be much swaller than the exist1.ng 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 t~2refore 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, playgrounds, 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. PERFom1ANCE STANDARD PERMIT FINDINGS 1. The proposed use is listed as a use permitted pursuant to performance standards contained in Chapter 10 of the City of Santa Monica Comprehensive Land Use and zoning Or- dinance, in that SMMC section 9050.11 provides for the development of residential uses in commercial districts because of their convenience to commercial uses and th ensure that an app~opriate amount of housing is maintained throughout the ent~re city. 2. The proposed use conforms precisely to the performance standards for the proposed use as outlined in Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning ordinance, in that development standard pertaining to the location of units, unit access, vehicle parking, noise insulation, lighting, design of units, landscaping, refuse storage and setbacks have been complied with. 3. The physical location or placement of the use on the site is compatible with and relates harmon1.ously 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. . - 14 - .- (- ; CONDIT:ONS OF AFPROVAL 1. To mitigate transportat1on impacts 1dentif1ed 1n EIR 9:6, the applicant shall pay the cost of providing exclus1ve right turn lanes in both eastbound and westbound direc- t10ns at the intersection of Wilshire Boulevard and 26th street that can be accomplished through restriping. 2. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in the eastbound and westbound directions and of providing a left turn through lane and right turn lane in both the northbound and southbound direct10n at the intersect.ion of Wilshire Boulevard and 23rd Street that can be accomplished through restriping. 3. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing an exclusive left turn lane a through/right turn lane at ~he intersec- tion of Santa Monica Boulevard and 23rd Street that can be accomplished through restriping. 4. To mitigate short term air quality impacts identified in EIR 916, the applicant shall water the construction site twice daily to reduce dust generation and increase water- -ing frequency when winds exceed 15 mph. As an alterna- tive, biodegradable soil stabilizers could be used along dirt access roads and portions of the site not in current excavation. 5. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cease grading operations when winds exceed 30 miles per hour (wind speed common during Santa Ana conditions). 6. To mitigate short term air quality impacts identified in EIR 916, establish an on-site speed limit for construction vehicles of 15 mph. 7. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover stockpiled materials to prevent excess dust. 8. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover trucks during transpor- tation of excess dirt. 9. To mitigate short term air quality impacts identified in EIR 916, the applicant shall operate all diesel-operated construction equipment with a four degree ignition retard. 10. To mitigate short term air quality impacts identified in EIR 916, the applicant shall use low sulfur fuel and prop- erly maintain and operate all construction equipment. Turn-off engines when not in use for more than five minutes. . - 15 - 11. To r.l.l.tigate short term air q'-.lallty i.:npact.s identlfled 1.n EIR 916, the applicant shall schedule construc~~cn relat.ed trips during non-peak hours to reduce peak hour em~SSlO~S. 12. To ID1.tigate short term noise impacts identlfied ~n E:rt 916, the applicant shall adhere to the City I S Municlpal Code requirements and Ordinance 1458 regarding tlme limits for construction. 13. To mitigate short term noise impacts identified in ErR 916, the applicant shall equip each internal combustion engine with a muffler of a type recommended by the manufacturer. 14. To mitigate short term noise impacts in EIR 916, the ap- plicant shall enclose stationary generator engines with the proper engine housing at all times. 15. To mitigate long term 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. 16. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall provide no more than 25% glass on the rear building facade. 17. To mitigate long term light and glare impacts identified in ErR 916, the applicant shall use light building materlals and avoid the use of mirrored or darkly-tinted exterior glass. 18. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall direct exterior lighting toward the project and away from residential uses located to the north. Flood lighting shall be prohibited. 19. To mitigate potential impacts identified in EIR 916, the applicant shall submit to the Parking and Traffic Engineer prior to issuance of building permits for approval a park- ing validation plan that indicates the manner in which employees and customers will be notified regarding the availabili ty of validated parking and the time periods during which it will be provided. 20. The Architectural Review Board, in its review shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. As part of it's re- view; the Board shall pay particular attention to the landscaping and pedestrian walkway located along Wilshire Boulevard, Twenty-Third street and Twenty-Second street. A min~Mum 10 foot average setback shall contain appropri- ate landscaping materials without precluding pedestrian access. - 16 - 21. If prior to the time that final build1ng perm1ts are 15- s~ed for the oU1lding, the C1ty has revised the code land- scaping requirement pertainlng to the provision of ar. average 10 foot landscaping setback, to require less land- scaping adjacent to a public right-of-way, the applicant shall revise the landscaplng plans to provide compliance wlth the code reV1S1on. 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, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 24. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 25. Minor amendments to the plans shall be subject to approval by the Dlrector of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Archltectural Review Board or Director 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 Arch~tectural Review Board. 28. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials: window treatment: glazing; and landscaping. As part of it's re- view, the Board shall pay particular attention to the amount of landscaping located along Wilshire Boulevard, Twenty-Third Street and Twenty- Second Street. A minimum 10 foot average setback shall contain appropriate land- scaping materials. The Architectural Review Board shall attempt to approve plans that reduce the perceived visual bulk and mass of the structure when viewed from Wilshire Boulevard. 29. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. - 17 - 30. T~e res~de~t~al un~ts shall be provided two parkl~g s~aces per 'L~lt that are clearly marked for reSldent~al ~se cn:y. 31. The residential units shall be constructed so that interl- or noise levels do not exceed 55 declbels for more than 60 mlnutes in any 24 hour period and 45 declbels for more than 30 minutes between the hours of 11:00 p.m. and 7:00 a.m. 32. The resldential units shall contain exterior lighting that complies with Section 9040.7 33. The second floor area of the building that will accommo- date the residential units shall contain an exterior ap- pearance and character which denotes it as housing. 34. Landscaping or another suitable noise buffer shall be placed adjacent to the residential units to reduce noise and to provide a neighborhood friendly development. 35. The residential units shall maintain a separate refuse storage container separate from the storage container used wi th the commercial floor area. The container shall be clearly marked for residential uses only. 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. J> 40. The premises shall have the capability to serve food to patrons durinq all hours the establishment is open for customers. 41. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 42. Seating arrangements for all restaurant floor area(s) shall not exceed 160 seats and the number of total seats shall not be expanded by more than 10% unless approved by the Director of Planning. 43. Take out service shall be only incidental to the primary sit-down use. 44. No alcoholic beverage shall be sold for consumption beyond the indoor premises. - 18 - ( 45. No danc1ng or 11ve enterta1nMent shall be pernit~ed on ~~e prem~ses unless re~ired perrn~ts are obta1ned. 46. The restaurant operat10n shall at all times be conduc~ed in a manner not detr1mental to surround1ng properties or residents by reason of lights, noise, activit1es, parking, or other actions. 47. The operation of the restaurant must be commenced with1n 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 0: 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 seg. of the Santa Monica Municipal code. Demolition .. 50. Until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 51. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 52. Immediately after demolition (and during construction), a security fence, the height of which shall be the max~mum - 19 - pe:nn: ::ted by the Zoning Ordu:.ance, shall be :r.a::1,:a:':le:i around the per~meter of the lot. T~e lot shall be ke~~ clear ~f all trash, weeds, etc. 53. Prior to issuance of a demolition permit, applicant shall prepare for Bu~lding Division approval a rodent and pest control plan to ensure that demolition and construct~on actlvities at the site do not create pest control impacts on the project neighborhood. 54. Prior to issuance of a certificate of occupancy for th~s 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 project, 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. cons-truction 55. Unless otherwise approved by the Department of General _Services, all sidewalks shall be kept clear and passable -during the grading and construction phase of the project. 56. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 57. Vehicles hauling dirt or other construction debris from the site shall co~er any open load with a tarpaulin or other secure coverlng 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 COrd. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 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 archi tect ~ 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) - 20 - this Chapter would occur from its strict literal interpretation and enforcement. SECTION 2. section 9113. 3 of the Santa Monica Municipal Code is amended to read as follows: section 9113.3 Applicability. The zoning Administrator may grant a variance from the requirements of this Chapter to: (a) r>==::;it Allow modification of the minimum lot sizes or minimum ,,-.... parcel dimensions -~~ I..&.J"'...... ,,-..... .......... --......----- --...--~-"';1- ___..,...-1-': ___ --";1-------...- -- -- --.... .u-',r 10._ -- --------.... .....------... .I. .....- ....... ---.-- ..........'-"........- ~ppza:;;;=i:;:t:J impr:;-.-:;;::,::;;t ~~ t4~~ 1.:;t. (b) ~==:.it Allow the reduction of the automobile parking space or loading space requirements. (-. -, ....- ..~.. ____~..3__.L...l_., . -W;O:,;J'~U'l;.U: ......Lg."'" ..:I':_.j...-':_~-- '-'Ii..,..,..... _ _ __, p~~:::it ~'7 ,,_.... -..-.........,n .....J.._ ....~oI-w _~...:r.:.&..!_~ w....'-'~I.......V.lJ. V..L -_1'____....__rI- ........I..w....... ~....................... _.& ----.:-~.:_- a.......~7A.:__ --- "",-,.".;r",.,...m"tng '-'.L. Y-..I,J. ~.n....&.~ ""'''~~'':I ,."w...........'\iooI......a...~, ................ - ____.._ __ ___~ _ a:; .....- ..,.--,.':1 .L -- - __"'1-1.__"'_ -- -""'....'-"#...., _____'7_ ........... ~"'..L v.....Lg ,,---- ......--- +-........ ~ ...."" .,.I,...,...,....... ....'-j'"""...... ~-_..... .. -c;::;w- ..... , ____.....: .:1_.#1 ~"'-"'''-''''-'''IiiiiP'''' th3t +-...^ _ .3~.!.L.~ __ auu.i c....LU.l..l ......-.L .......-."1'----.......--.. ~__...._ .................. 'l;J~.L.a.L :tCJ"UC'..u.""" UVI;'li:) .lJ:v.... ~;:===:j ""'"~ .-..__~".....'-.o. __ ~ .....1...-"--- ~ ~. _ ~ .c; oJ ~....... ........~~... (.c; oJ.., I VOL L.UC:: .L ..LUUL CI..L ....Q .......L t~= -..,~.:_~.:_- --.......-..........'::1 --- ....'""..... -----~--.__.!_- """"".................-.oL.,z,I.L..........&"::/ :;'WiJ..':::i;;.q 12nd pLvv-i.i~';: .......L_.L.. ....l........ ..... .it ....... --...... ......tl\J"'-' Q _____.3 a;:;tc:l..ou........... fl:;::Jr additivu. ......- ........ ii _......___ .-...L...____ ..,""..Lw......"""'....g J_ .....u ......'1.._ '-'.I....g nl District. - 4 - 64. To:u tigate sol id waste impacts, pr~ar to issuance of a Certif~cate of Occupancy, project owner shall subm~t a recycl~ng plan to the Department of General services for its approval. The recycllng plan shall include 1) list of materials such as wh~te paper, compu~er 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) p1ck-up schedule; 6) plan to inform tenants/occupants of service. 65. To mitigate circulation impacts, prior to issuance of a Certificate of Occupancy, proj ect owner shall submit a transportation demand management plan to the Department of General Servlces for its approval. This plan shall in- clude: l} Name, address and telephone number of desig- nated person (s) responsible for coordinating transporta- tion demand manaqement 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 lIliles of the project site. The goal of the Transportation Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent. J 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 67. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 68. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. - 22 - \ 69. No med~cal of:ice use shall be permit~ed at the s:':e unless add~ t~onal parklng spaces are created to cc:"'ply w~th the Code parking requ~rement. 70. If any archaeological remains are uncovered dur~:-:.g 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. 71. 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 . wi thin ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval ~nd acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute groundS for potential permit revocation. 75. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. 76. The applicant shall comply with the General services De- pz.rtment to provide a 2'6" wide dedication to run adjacent to the 15 foot wide alley. This dedication shall be be provided prior to issuance of b~ilding permits. - 23 - 77. The applicant shall install direct~or:.al s:gr:.age at t::e parking garage exit that indicates r~ght-turn-only ve~~c:e movement may be made onto Twenty-Third St~eet. 78. The applicant shall install a curved raised median str~p at the park~ng garage exit that forces vehlcles 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 Eng~neer prior to ~ssuance of building perm~ts. 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 $lBO,2~O.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 Planninq Division will coordi- nate a monitoring pnd 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, the Fire Depart~ent, the Police Department, the Community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certifi- cate of Occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their respons ibil it ies . proj ect owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of - 24 - '; \ Occupancy, and, as applicable, provide periodic repor':s regardi~g cc~pliance wlth such condit~ons. Prepared by: Paul Berlant, Director of Planning D. Kenyon Webster, Principal Planner Wanda williams, Associate Planner Planning Division Community and Economic Development Department ATTACRHENTS: Exhibit A-4/4/90 Planning Commission Memorandum and Statement of Official Action Exhibit B-4/18/90 Appeal Exhibit C-EIR 916 WN:ww PCjccdr894 05/18/90 II - 25 - p-i t.~ 1.x1:a --- .,,- .r ,---- ../ STATEMENT OF OFFICIAL ACTION PROJECT NL~BER: DR 89-004, CUP 89-019, PSP 89-017, EIR 916 LOCATION: 2221 Wilshire Boulevard APPLICANT: Century West Development, Inc. REQUEST: Development Review 89-004, Conditional Use Perm~t 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. PLANNING COMMISSION ACTION 04/04/90 Date. Approved project based on the following findinqs and subject to the conditions below. Denied. X Other. Adopted Attached Resolution Certifying the Adequacy of EIR 916 and Approved DR 89-004, CUP 89-019 and PSP 89-017 based on the follwoinq findings and subject to the conditions below: FINDINGS DEVELOPMENT REVIEW FINDINGS 1. With the project revisions and conditions approved by the Commission the physical location, size, massing, and placem.nt of proposed structures on the site and the loca- tion of proposed uses within the project 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 comm.rcial 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 24 14 n setback adj acent to the north property line will provide an adequate-land use transition and noise butfer between commercial u~es and residential uses located to the north. - 1 - 2. The rights-of-way can accom."l\odate autos and pedes-=rians, :'!1clud~ng park~ng and access, in that the rev~sed s:t:e des~qn w~ll prov~de adequate dr~veway and park~ng faclll- t~es and the si te ~s adJ acent to a maJ or arterlal wh~ch w~ll provide vehicle ~ngress/egress. 3. The health and safety services (police, fire, etc.) and publ~c lnfrastructure (e.g. utilities) are suffic~ent to accoIn.i1odate the new development, in that the project is proposed to be an in-fill of an already developed area with all necessary services and infrastructure already in place. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in subchapter 5G of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project will be required to comply with the re- quirements of this program. 5. The project is generally Code and General Plan, in is designed to meet requirements. consistent with the Municipal that the project as conditioned all code and General Plan 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 1. The proposed use is on. ~onditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the C6 Zoning District encourages restaurant projects and conditionally permits the sale of alcoholic beverages. The ancillary sale of alcoholic beverages in connection with a bona-fide res- taurant should not result in adverse environmental effects. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the site is currently developed with an 8,665 sq. ft., restaurant that will be replaced by a smaller 4,000 sq. ft. restaurant. The potential for noise and other impacts shou::i be sig-nificantly l..s for the smaller restaurant. The existing- restaurant sells al- coholic beverag-es and therefore a new use will not be introduced onto the site. Any impacts associated with tbe 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 ot the 4000 square foot - 2 - ~ r: -'-' . , , 12. The proposed use would not be detrimental to the public ~nterestj health, safety, conven~ence, or general welfare, as stated above. The proposed use conforms prec~sely to the applicable per- formance standards conta~ned ~n Subchapter 6, Sectlon 9050 and spec~al conditions outlined in Subchapter 7, Sectlon 9055 of the City of Santa Monica Comprehensive Land t:se and Zoning Ordinance, in that the project is conditionally perm~tted and will comply with code standards for al- coholic outlets. The proposed use will not result in an overconcentratlon 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 nu~her 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 permit 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 restaurant will encouraqe qreater neighborhood and onaite pedestrian use. 2. The proposed usa is compatible with existing and potential uses within the general area; traffic or parking congestions will not result; the publ ic health I sa tety , and qaneral welfare are protected; and no harm to adjacent properties will result in that the redevelopment project will not contain a large bar area that could potentially function as a stand alone bar use, the propo..d hours of use will not conflict with office and retail uses on site and will not result in excessive noise and traffic during late evening and early morning hours and the location of the restaurant on the front of the site will encourage customer access from the major arterial. - 4 - space will be to provide bona f~de meal service. Prov:ded ~he alcohol use does not function as a pr~mary use and the bar does not funct~on as a stand alone bar, the use should not impair the surround~ng d~strict and should encourage greater use of other commercial uses along w~lshire. 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 beverages with a smaller restaurant with alcoholic beverages should not alter the existing pattern of land use. 4. The proposed use is compatible with any of the land uses presently on the 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 existinq 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 De detrimental to public health and safety, in that infrastructure and public utilities exist for the surrounding urbanized area and the project will not result in a significant need for new or expanded services. 7. Public acce.s 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 i. compatible with and relates harmoniously to the sur- rounding neighborhood, in that the restaurant will be lo- cated directly adjacent to the major arterial and will not contain a direct view of adjacent residential uses located to the north. The entrances to the restaurant are located away from the adjacent residential uses. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the General Plan encourages restaurant uses alonq Wilshire Boulevard. - 3 - 3. The welfare of ne~ghborhood res~dents w~ll not be adversely affected ~n that as indicated the restaurant ..nIl be located on the front of the site and w~ll not require extensive veh~cle use of res~dential side streets. The replacement proj ect w~ll be much smaller than the existing restaurant use and should therefore result in less potential adverse impacts. ,. 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, playgrounds, parks, and other existing alcohol outlets in that restaurant is located adjacent to the Wilshire Boulevard frontage, 1s 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 1. The proposed use is listed as a use permitted pursuant to performance standards contained in Chapter 10 of the city of Santa Monica Comprehensive Land Use and Zoninq Or- dinance, in that SMMC Section 9050.11 provides for the development of residential uses in commercial districts because ot their convenience to commercial uses and th ensure that an appropriate amount of housing is maintained throughout the entire city. 2. The proposed use conforms precisely to the performance standards for the proposed use as outlined in Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning ordinance, in that development standard pertaining to the location of units, unit access, vehicle parkinq, noi.. insulation, lighting, design of units, landscaping, refu.. 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 fro. the surroundinq transportation thoroughfares and will contain adequate residential parking. - 5 - CCN8:7IOSS OF APPROVAL 1. To m~tigate transportatlon impacts ~dentifled in EIR 916, the applicant shall pay the cost of providl.nq exclus~ve right turn lanes in both eastbound and westbound dlrec- tions at the intersection of Wilsh~re Boulevard and 26th Street that can be accomplished through restriping. 2. To mltigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in the eastbound and westbound directions and of providing a left turn through lane and right turn lane in both the northbound and southbound direction at the intersection of Wilshire Boulevard and 23rd Street that can be accomplished through restriping. 3. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing an exclusive left turn lane a through/right turn lane at the intersec- tion of Santa Monica Boulevard and 23rd Street that can be accomplished through restriping. 4. To mitigate short term air quality impacts identified in EIR 916, the applicant shall water the construction site twice daily to reduce dust generation and increase water- ing frequency when winds exceed 15 mph. As an al terna- tive, biodegradable soil stabilizers could be used along dirt access roads and portions of the site not in current excavation. 5. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cease grading operations when winds exceed 30 miles per hour (wind speed common during Santa Ana conditions) . 6. To mitigate short term air quality impacts identified in EIR 916, establish an on-sit. speed limit for construction vehicles ot 15 .ph. 7. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover stockpiled materials to prevent exce.8 dust. 8. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover trucks during transpor- tation ot excess dirt. 9. To mitigate short term air quality impacts identified in EIR 916, the applicant shall operate all diesel-operated construction equipment with a four degree ignition retard. 10. To mitiqate short term air quality impacta identified in EIR 916, the applicant shall use low sultur fuel and prop- erly maintain and operate all construction equipment. Turn-off engines when not in use for more than five minutes. - 6 - 11. '!'o mitlgate short term air quality ~mpacts ~dent:lfied In ErR 916, the appllcant shall schedule construct~on related tr~ps during non-peak hours to reduce peak hour emissions. :2. To mitigate short term noise impacts identified in EIR 916, the applicant shall adhere to the City's Mun~clpal Code requ~rements and Ordinance 1458 regarding tlme lim~ts for construct~on. 13. To r.u t~gate short term noise impacts identified in EIR 916, the appllcant shall equip each internal combustion engine with a muffler of a type recommended by the manufacturer. 14. To mitigate short term noise impacts in EIR 916, the ap- plicant shall enclose stationary generator engines with the proper engine housing at all times. 15. To mitigate long term 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. 16. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall provide no more than 25% glass on the rear building facade. 17. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall use light building materials and avoid the use of mirrored or darkly-tinted exterior glass. 18. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall direct exterior lighting toward the project and away from residential uses located to the north. Flood. lighting shall be prohibited. 19. To mitigate potential impacts identified in EIR 916, the applicant shall submit to the Parking and Traffic Engineer prior to issuance of building permits for approval a park- ing val idation plan that indicates the lnanner in which employees and customers will be notified regarding the availability of validated parking and the time periods during which it will be provided. 20. The Architectural Review Board, in its review shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of d..iqn ele- ments; exterior colors, textures and aaterials: window treatment; glazing: and landscaping. As part ot it's re- view: the Board shall pay particular attention to the landscaping and pedestrian walkway located along Wilshire Boulevard, Twenty-Third street and Twenty-Second Street. A minimum 10 toot average setback shall contain appropri- ate landscaping materials without precluding pedestrian access. - 7 - 21. :f prior to the time that final build1ng perm~ts are is- sued for the building, the City has rev1sed the code land- scap~nq requ~rement pertain~ng to the prov1s1on of an average 10 foot landscaplng setback, to require less land- scaping adjacent to a public rlght-of-way, the appl~cant shall revise the landscaping plans to provlde compliance with the code revision. Pl.ans 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, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 24. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 25. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 26. Construction period siqnage shall be subject to the approval of the Architectural Review Board. 27. Plans for final design, landscaping, screening, trash en- closures, and .ignage ahall 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 amenitie.~ Bcale and articulation of design ele- ment., exterior colors, textures and mat.erials: window treatment: glazing: and landscaping. As part of it.s re- view, the Board shall pay particular attention to the U10unt of landscaping located along Wilshire Boulevard, Twenty-Third Street and Twenty- Second street. A minimum 10 foot average setback shall contain appropriate land- scaping materials. The Architectural Review Board shall attempt to approve plans that reduce the perceived visual bulk and mas. of the structure when viewed from Wilshire Boulevard. 29. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. - 8 - . 30. The resident~al units shall be provided two parking spaces per un~t that are clearly marked for res~dent~al use only. 31. The residential units shall be constructed so that inter~- or noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 p.m. and 7:00 a.m. 32. The residential units shall contain exterior lighting that compl~es 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. Landscapinq or another suitable noise buffer shall be placed adjacent to the residential units to reduce noise and to provide a neighborhood friendly development. 35. The residential units shall maintain a separate refuse storage container separate from the storage container used wi th the commercial floor area. The container shall be clearly marked for residential uses only. 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:OO p.m., daily. 39. The restaurant operator shall control noisy patrons leav- ing the restaurant. 40 . The premises shall have the capabil i ty to serve tood to patrons durinq all hours the establishment is open for customers. 41. The premises sball maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the pre.i.... 42. Seating arranqements for all restaurant floor area(s) shall not exceed 160 seats and the number of total seats shall not be expanded by more than lOt unless approved by the Director of Planning. 43. Take out service shall be only incidental to the primary sit-down use. . 44. No alcoholic beverage shall be sold for consumption beyond the indoor premises. - 9 - ~s. No danc~nq or live entertainment shall be perm~tted on the prem~se5 unless requ~red permits are obta~ned. . 46. The restaurant operation shall at all times be conducted ~n a manner not detr~mental to surrounding properties or residents by reason of 1~ghts, noise, act~v~ties, park~ng, 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 permi t 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 opening., erecting a security fence, and removing all debri., 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 ..tarial remaining shall be watered and maintained until demolition occurs. 51. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS) . . 52. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum - 10 - permitted by the Zoning Ordinance, shall be maintained around the per~~eter of the lot. The lot shall be kep~ clear of all trash, weeds, etc. 53. Prior to ~ssuance of a demolition permit, applicant shall prepare for Building Div~s~on approval a rodent and pest control plan to ensure that deIllol~ tion and construction act~vities 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- ~ined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permit~. 57. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure coverinq to minimize dust emissions. 58. stree~ trees shall be maintained, relocated or provided as required in a manner consistent with the City.s Tree Code COrd. 1242 CCS), per the specifications ot the Department ot Recreation and Parks and the Department of General Ser- 'Vie... No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 59. A construction period mitigation plan shall be prepared by the appl icant tor approval by the Department ot General Services prior to issuance ot a building permit. Aa ap- plicable, this plan shall 1) Specify the names, addresses, telephone nnmbers and business license numbers ot all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition ot any existinq structures is to be accomplished; 3): Indicate where any cranes are to be located for erection/construction; i\) - II - Describe how much of the public street, alleyway, or s~de- walk ~s proposed to be used ~n conjunction with construc- t~on; 5) Set forth the extent and nature of any p~le- driv~ng operations; 6) Describe the length and number of any t~ebacks 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 ant~cipated contruction-related truck routes I number of truck trips, hours of hauling and parking location; 9) Spec~fy 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: lS) 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 numher 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 remodellnq where plumbinq 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 certitying 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 les8) such that development ot the new project will not result in a net increase in wastewater tlows. Flow from existing occupancies which will be removed as part ot the new development may be deducted from tlow attributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with guidelines developed by the General Services Department. - 12 - 64. To Ml tlgate solid waste impacts, prior to iss'..lance of a Cert~ficate of Occupancy, project owner shall subm:t a recycling plan to the Department of General Services for its approval. The recycllng plan shall ~nclude 1) l~st of mater~als such as white paper, computer paper, metal cans, and glass to be recycled: 2) location of recycling bins: 3) deslgnated recycl~ng coordinator: 4) nature and exten~ of internal and external pick-up service: 5) p~ck-up schedule; 6) plan to inform tenants/occupants of service. 65. To mitigate circulation impacts, prl.or 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 nulrlber 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 Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent. 66. Landscaping plans shall comply with Subchapter 5B (Landscaping standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. MiscellaneouB Conditions 67. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 68. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of liqhts, noise, activities, parking or other actions. - 13 - 69. No medica) office use shall be perm~tted at unless add~ t~onal park~ng spaces are created w~th the Code park~ng requirement. the site to comply 70. If any archaeolog~cal remains are uncovered dur~ng excavation or construction, work ~n the affected area shall be suspended and a recogn~zed 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. 71. 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. 74. 75. 76. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mi ts, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. Within ten days of Planning Oivision transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation or the permit approval. By siqning same, applicant shall not thereby waive any legal rights appli- cant may posaess regarding said conditions. The siqned Statement shall be returned to the Planninq Division. Failure to comply with this condition shall constitute qrounds for potential permit revocation. This determination shall not become effective tor a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the fOr1D required by the Zoning Administrator. The applicant shall comply with the General services Oe- partment to provide a 2'6" wide dedication to run adjacent to the 15 foot wide alley. This dedication shall be be provided prior to issuance of building permits. - 14 - , 'IJ 77. The appllcant shall install directional signage at the park~ng garage ex~t that indicates r~ght-turn-only veh~cle movement may be made onto Twenty-Th~rd Street. 78. The applicant shall install a curved ~a~sed median strip at the parking garage ex~t that forces vehicles to make a r~ght-turn-only onto TwentY-Th~rd St~eet. The spec~fica- tions of the curved median strip shall be approved by the Parking and Traffic Engineer prior to issuance of building perm~ts. 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 $5.00jsq.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 ("CPIn) between October 1984 through the month in which the paYlllent 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 buildinq 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 proj eot made in oonj unction 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 i. not limitea to, ensuring that the Planning Oivision itself and other City divisions and departments such as the Building Division, the General Services Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certifi- cate of Occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their responsi):)ili ties. proj ect owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of - 15 - . Occupancy and, as applicable, provide per~od~c repor~s reqard~ng compliance w~th such conditions. ~lO:-E To Cert~fy ErR 916: Ayes: Nays: Abstain: Absent: Kaufman, Lambert, Pyne, Rosenstein Nelson Farivar, Kechur To Approve DR 89-004, CUP 89-019, PSP 89-017 Ayes: Kaufman, Lambert, Pyne, Rosenstein Nays: Nelson Abstain: Absent: Farivar, Kechur NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code section 1400. This does not supersede Public Resources Code section 21167, which governs the time within which judicial review of the City's acts or decisions in connection with the California Environmental Quality Act must be sought. I hereby certify tbat tbis stat..ent of Official Action accurate- ly reflects tbe final determination of the Pl~~~inq co.-i..ion of the City of Santa Konica. /'"' ;- /"../. I" ~,:, -"~ ~1qnatur. "" /~ . /" '" ., ( ~ /3, /77'u) j6te /' 11. (' c:; //- , "//b#t#/~/ L~4h'~ Ai 'c heM print name and title / - 16 - ... I hereby agree to the above eoncH tions ot approval and acknowledqe that tailure to comply with such conditions shall const1tute qrounds tor potential revocation ot the perm1t approval. Applicant's Signature Print Name and Title PC/stdr894 WW:ww 04/10/90 - 17 - ;)-+\).-_ .:.;J (} c.L""""'" E:- l ' Ccnd:'<:lcnal l'se P~r~~t 90-02:' ~econd by Councllme ber ;'.bdo. ~ayor Zar:.e :ncved to amend t~e mQ't~on to el imlnate Cond' tion 12 from the flndlngs and cond~tlons contalned ~n the Plan~i~g CC~~lss~on staff report dateo June 4, 1990. The amendment was accepted as friendly. Discusslon was held. The motion was approved by the following vote: . Council vote: Unanimously approved 7-0 Councllmember Abdo moved to extend the meeting past 12: 00 A.M. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Genser opposed. Councilmember Katz moved to continue the 13 and 14 Items to the meeting of May 29, 1990. The motion was duly seconded and approved. Councilmember Jennings moved to continue Item l2-C to May 29, 1990. Second by Mayor Pro Tempore Finkel. The motion was approved. At 10:40 P.M., Mayor Pro Tempore Finkel was excused from the meeting. 12-B: WILSHIRE BOULEVARD APPEAL: Presented was an appeal of Planning Commission approval of DR 88-004, CUP 88-019, PSP 89-017, and EIR 916 for a three-story mixed commercial buildinq ~n Wilshire Bou~evard between 22no anu 23rd Stree~. Appl:can~: ~entury West Development, Inc. Appellants: Save Our Neighborhood Committee and Mid City Neighbors. Councilmember Katz moved to continue 13 and 14 items to May 29, 1990. The motion was duly seconde~ and unanimously approved. Council asked questions of staff. Michael Bro~rman and Manfred Schlosser spoke in support of the appeal. 3herman Stacey, representing the applicant, spoke in opposition to the appeal. Councilmember Jennings was excused from the meeting at 11:10 P.M. Discussion was held. Members of the public Regina Bonann, Norma Gonzales, Bob Gabriel, and Karl Schober spoke in support of the project. Members of the public Merritt c...oleman, Philip SJ.lberman, Jean Gebman, Russ Shaver, Conrad Melilli, Jack Baptista, Tom Kingsley, and Peter Solomon spoke in opposition to the project. Member of the public Paul Rosenstein spoke in support of a growth management plan. Appellant Micha,"l Brourman presented a rebuttal to issues raised by opponents to "he appeal. Councilmember Katz .:.oved to deny the appeal and upnold Planning Commission IS certification of EIR 916 and apprcval of DR 89-004, CUP 89-019, dnd PSP 89-017 and adopt Resolution No. 8029 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE COMl-tERCIAL COMPLEX LOCATED AT :221 WILSHIRE BOULEVARD, n reading by title only and waiving further reading thereof, with the condition to allow only a right turn from the project exit on 2Jrd Street. Second by Councilmember Abdo. Discussion was held. Mayor Zane moved to amend the motion to limit ingress and egress to WilShire Boulevard only. The amendment was accapted as friendly. Discussion was held. Councilmember Reed moved to 8 May 22, 1990 ,. ex<:er.d the r:ef'";~:r:.'! ~o 12: 30 A. U. Seco:1d by Cauncilrn'.mber Abdo. T,e ro~:on was a;prcved, Counc~lrr.ember Ganser opposed, Mayor ?ro :-e~t:ore F1J"lkel and Co:.:.r.c~lrnel!'.ber Jenn'l1gs absent. Mayor Zane :"ov.=:1 to amerd the motlcn to cond~t~on the ap;.roval of th~s pro] ect on ~ngress on W~lsh~re Boulevard, egress on W~lshire Boulevard r~ght-turn-only, and egress on 23rd Street ::-:ght:.-t'...lrr.-only. The amendment was accepted as friendly. S1~SCUSSlcn .....as he~d. Counc~lmember Genser moved a substitute ~otion to approve the appeal and deny the pro)e=t. The motlon d~ed for lack of a second. Oiscussion was held. Councilmember Reed moved to extend the meeting to 12:45 A.M. Second by Councllmember Abdo. The motion was approved. The main motion, to deny the appeal, certify the EIR, and approve the project as amended, was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Mayor Zane Negative: Councilmember Genser Katz, Reed, Absent: Councilmembers Finkel, Jennings 12-C: CUP 89-072/TPM 21640jCONDOMINIUMS/1109 16TH ST~EET: the reconsiderat~on of an appeal of Planning Commission approval for CUP 89-072 and TPM 21640 to allow a 4-unit condominium at 1109 16th Street was continued to the meeting ~f May 29, 1990. l:3-A: HOMELESS PROGRAM/SWASHL09K: Tt ~'ttlg to discus~ a program to prov shower, laundry, locker, and job refe, homeless was cont~~ued to the meeting of ! ~quest of M; chela A. increased 4c~ess to t'aciliti<!s for the 1990. 13 -B: CAMPAIGN FINANCING REFORMS: '1:' Rosenstein to Q~SCUSS proposals on campaign l continued to the meeting of May 29, 1990. l3-C: LOW INCOME INCLUSIONARY HOUSING RULES: The request of Nathan Pratt to discuss amending the low income inclusionary housinq rules for new construction was continued to the meeting of May 29, 1990. "Uest of Paul ng reforms was 14-A: PROPOSITION l07t The request ot Mayor Zane to discuss support for State Proposition 107 "Housing and Homeless Bond Act of 1990, If was consitlered with Item .LO-A. 14-B: TORCA: The request of Mayor Zane to discuss a possible Charter amendmen~ to prohibit non-TORC1 condominium conversions was continued to the meeting of May 29, 4990. 14-C: PROHIBITION OF DEMOLITION OF MULTI-FAMILY HOUSING: The request of Mayor Zane to discuss a Charter amendment to prohibit demolition of mUlti-family housing without a building permit for a replacement unit was continued to the meeting of May 29, 1990. 9 May 22, 1990 u ~ z w L I U <( ~ ~ <( ATTACHMENT C .. CITY PLANNING DIVISION CITY OF SANTA MONICA MEMORANDUM DATE: October 21, 1991 TO: Architectural Review Board FROM: Planning staff SUBJECT: ARB 90-110, 2221 Wilshire Blvd. (Mixed Use Building) Approval of Building Plans. ACTION TO BE TAKEN Applicant requests approval of building plans for 61,650 square foot mixed use building proposed on of wilshire Boulevard, between 22nd and 23rd Wilshire Boulevard) . a three story, the north side Streets (2221 BACKGROUND & PRIOR ACTIONS 1. On May 22, 1990 the city council approved the project on appeal with the following condition: "Condition No. 21 - 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 provisions 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. II (emphasis added) The intent of the condition was to have the buildings constructed closer to the street. The landscape code as amended (Sec. 9041.6(b)) requires a ratio of 1.5 square feet of landscaped area per linear foot of street frontage, located within 10 feet of the street, and no portion of the building is allowed to be located between the landscape area and the building. The ARB may require either more or less landscaping if appropriate findings are made pursuant to Sec. 9041. 6 (b) . 2. Although staff believes that the intent of Condition 21 was to ensure that the buildings are constructed closer to the street if allowed by the amended landscape standards, neither the condition nor the new landscape standards require that the building be moved. The proposed building plans satisfy the landscape code requirements for landspaped areas on Wilshire Boulevard, 22nd and 23rd streets, and the parking lot at the rear on Wilshire Place. The ARB has the authority to approve the project as designed without moving the - 1 - STLT24 24TH ST. (WIL/ARIZ) 11/07/91 PRINT ASMNT-NO OWNER-NAME-1 RESIDENT OWNER-NAME-2 MAIL-STREET 1227 24TH ST., #4 MAIL-CITY-STATE SANTA MONICA, CA 90404 SITE-STREET PARCEL-NUMBER AMOUNT TRACT BLOCK LOT FOOTAGE-LF PRINT ASMNT-NO 031 OWNER-NAME-1 TODD D. KAUFMAN OWNER-NAME-2 JACQUELIN LEGORRETA MAIL-STREET 1223 24TH ST. MAIL-CITY-STATE SANTA MONICA, CA 90404 SITE-STREET 1223 24TH ST. PARCEL-NUMBER 4276-017-066 AMOUNT TRACT BLOCK LOT FOOTAGE-LF PRINT ASMNT-NO OWNER-NAME-1 RESIDENT OWNER-NAME-2 MAIL-STREET 1223 24TH ST., #A MAIL-CITY-STATE SANTA MONICA, CA 90404 SITE-STREET PARCEL-NUMBER AMOUNT TRACT BLOCK LOT FOOTAGE-LF - )> -I -I )> n I 3: m Z -I o - ~ . Attachment D Chronolo9ica1 Context of Approvals March 29, 1989 Submittal of Application April 4, 1990 certification of ErR and Approval of Project April 18, 1990 Appeal of Planning Commission Approval May 22, 1990 city Council Denied Appeal and Upheld Approval July 16, 1990 Conceptual ARB Approval October 23, 1991 Landscape Code Amendments February 26, 1991 Commercial Moratorium Adopted March 25, 1991 Applicant Requests Three Month Extension March 27, 1991 Submittal of Building Permit Application (B&S) April 1, 1991 ARB Approved Building/Landscape & Irrigation Plans April 9, 1991 zoning Administrator Grants Three Month Extension April 15, 1991 Building Permit Plan Check Review Completed (B&S) May 6, 1991 withdrawal of ARB Landscape & Irrigation Plans May 22, 1991 One Year Project Expiration Date (Without Extension) May 24, 1991 Submittal of Modification for Time Extension July 15, 1991 ARB Hearing Postponed Due to Applicants Absence August 20, 1991 New Expiration Date Ending 3-Month Extension September 4, 1991 Planning Commission Denial of Extension September 13, 1991 Appeal of Planning Commission Denial September 23, 1991 6-Month Plan Check Extension Granted (B&S) October 21, 1991 ARB Approved Building/Landscaping Plans - 10 -