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SR-121289-12B . . I~--fj C/ED:PB:AS PC/CCDR8903 Council Mtg: L/t92 --oor , D~r. 1,2 l:ld~, Santa Mon1ca, 1!a!1Yorn~a December 12, 1989 LJ. .-.-;. Or..1 ..../? - t.......... TO: Mayor and city Council FROM: city staff SUBJECT: Appeal of Planning commission Approval of Conditional Use Permit 89-001, Development Review 89-003, and EIA 913, 701 Ocean Avenue, Four story, 39 unit Condominium with 96 Parking Spaces Provided in a Two Level Subterranean Garage. Applicant: Taico Properties, Inc. Appellant: Councilmember Ken Genser INTRODUCTION This report recommends that the city Council deny the appeal and uphold the Planning commission's approval of Conditional Use Permit 89-001, Development Review 89-003, and EIA 913, to permit the construction of a four story, 39 unit condominium project wi th 96 parking spaces provided in a two level subterranean garage. staff recommends approval with additional conditions that are described in this report. At the meeting of October 25, 1989, the Planning Commission approved the project on a 4-2 vote. Councilmember Ken Genser is appealing that decision. The appeal statement is provided in Attachment A. BACKGROUND The condominium development is proposed to be constructed on a 41,958 square foot parcel located on the southeast corner of Ocean Avenue and Palisades Avenue, facing Palisades Park, with an Ocean Avenue frontage of 225 feet. The project consists of 39, two bedroom residential units. Nine units are - 1 - located on the 1;;1-6 DEe 1 2 J989 . . first floor, with ten units per floor on the remaining three levels. In addition, the proj ect provides a 561 square foot exercise room and an 1,188 square foot meeting room at the first subterranean parking level, a 1,200 square foot lobby at the ground floor, a roof top garden and swimming pool, and 96 parking spaces in a two level subterranean garage. The effective development standards for this project are a height of four stories not to exceed 45 feet, with a density of one unit per 900 square feet of lot area. The subject development proposal is for a project with a height of four stories/45 feet. A total of 47 units would be permitted on the project site, however, the applicant is proposing 39 dwelling units. The Municipal Code requires two parking spaces per unit plus 8 guest parking spaces for a total of 86 required parking spaces; 96 parking spaces are provided. A Conditional Use Permit is required for all condominium developments. The Municipal Code also requires a Development Review Permit for any project in the R4 zone that exceeds 25,000 square feet. The subject proposal is 83,924 square feet. Approval of a tentative tract map for this project is not required because Tract Map 36409 for 701 Ocean Avenue was approved by the City Council on January 14, 1981 and subsequently recorded with the Los Angeles County Recorder. An Initial study has been prepared for this proj ect that determined the proj ect vlOuld not have a significant effect on the environment. This document is contained in Attachment F. - 2 - . . The proj ect design features a setback from Ocean Avenue that varies from the minimum required 20 feet to 45 feet: the setback from Palisade Avenue is also 20 feet. Access to the project's subterranean garage is provided from the rE~ar alley, which also includes a motor court/valet parking area and a second entry to the project lobby. The unit layout on each floor is identical. Private open space is provided through the inclusion of patios for the ground floor units and balconies for the units on floors two through four. staff has some concerns with the building's design and is recommending special conditions regarding increased building articulation. In a separate but related project, the developer has obtained approval for a 28 unit apartment building at 2107 5th Street. To comply with the Coastal Commission's 1979 approval of a 45 unit condominium project at the 701 Ocean Avenue site, the applicant was required to construct affordable rental units at the 5th street location. Since this coastal permit is still valid, the applicant intends to satisfy both the Coastal Commission's replacement housing condition as well as the City's Program 10 and Program 12 requirements through the ce,nstruction of the 28 unit project in Ocean Park. program 10 requires .replacement of the 22 rental units to be removed from the 701 Ocean Avenue site. Program 12 requires the payment of an in-lieu fee or the provision of 6 rental units deed restricted to be affordable to middle income households. The applicant has expressed a willingness to enter into an agreement ~lith the city \vhereby the Program 12 requirements for 701 Ocean - 3 - . . Avenue would be satisfied by deed restrict.ing 23 units at the 2107 5th street site. Four units have already been deed restricted at 2107 5th street as part of the approval for that project. Although no agreement has been prepared at this point, this offer would result in the construction of a substantially larger number of affordable rental units. since a final tract map was approved for this project in 1981, the October 25, 1989 Planning Commission statement of Official Action does not include conditions for tentative tract map approval. This previous approval exempts the proj ect from the current conditions typically placed on the approval of tentative and final tract maps, including certain ccmdi tions relating to the form and content of the condominium by-laws, CC & Rs, and to off-site improvements. However, these conditions were added by the Planning Commission, as shown in the statement of Official Action (Attachment D). At the Planning commission pUblic hearing the Commission approved the proj ect, however, a number of the Commissioners expressed concern regarding the demolition of Rivington Place, one of the two existing structures on the project site. Rivington Place is an 18 unit courtyard housing development constructed in 1932 and designed by the prominent father and son architectural firm of Parkinson and Parkinson. In October, 1988 the Landmarks Commission designated this courtyard a City Landmark. However, the ci ty Council subsequently overturnE!d the decision in November, 1988. Four of the six Planning Commissioners present - 4 - . . addressed the Landmarks issue, noting that it was a unique structure. In addition to the project's conformance with code requirementst the overriding factor in the Planning Commission's approval of the project appeared to be the applicant's agreement to provide 28 affordable housing units in the City. commissioners acknowledged the need to increase the City's affordable housing stock and stated that this project would contribute to addressing that need. ANALYSIS Initial study The project appellant has stated on the appeal form that "The Planning commission improperly approved a mitigated negative declaration and this project without proper compliance with the California Environmental Quality Act. It Al i:hough this statement does not specifically outline the areas in which the proj ect approval does not comply with CEQA, this issue was addressed at the Planning commission hearing in regards to the historic value of Rivington Place. At that time, the Deputy city Attorney stated that since the city council had already determined Rivington Place did not merit Landmark designation, an Environmental Impact Report would not be mandated by CEQA. CEQA requires that an EIR be prepared if the project may have a significant effect on a property of historic or cultural significance. CEQA does not, however, define what constitutes a - 5 - . . property of historic or cultural significance. CEQA leaves that determination up to individual localities. The City of Santa Monica has adopted a Landmarks Ordinance which provides criteria by which the city determines whether a property is of historic or cultural significance. If a property meets those criteria, it is designated as a landmark and restrictions on the alteration of the structures apply as set forth in the Landmarks Ordinance. l'lliile there remains disagreement within the community about the decision as evidenced by this appeal, the City Council has determined that the existing structures at the 701 Ocean Avenue site do not constitute a landmark since the findings of historic, architectural, and cultural significance could not be made. Thus, since the city has decided that thl3 structures on this property are not of historic or cultural significance, their demolition will not have a significant effect on the environment and a full EIR is not required. It should also be noted that no application for landmark status may be considered again for five years following the date of the Council decision, unless such application is filed by the owner of the property. The City Council rules which allow for reconsideration of a decision within a one year period are procedural in nature and do not supersede the Landmarks Ordinance. Planning staff believes that the project design could be improved and is recommending special conditions to .:l.ddress this concern. - 6 - . . The structure extends 190 feet along Ocean Avenue. The only variation provided along this expanse is the change in the front yard setback; a 20 foot setback is provided for approximately 81 feet while the remaining portion of the building is setback 45 feet. The structure does not step back from any elevation and, given the building's overall bulk, the provision of step backs would balance the project's massing and provide the opportunity to design a more interesting facade. In addition, given the Ocean Avenue location across from Palisades Park, the project should consider added pedestrian oriented design elements. Palisades Park is among the City's most significant public amenities, used by visitors, walkers and joggers. The proj ect 's design should acknowledge this resource and include details that are scaled to the pedestrian so that the building does not overwhelm the streetscape, as do a number of existing buildings along Ocean Avenue. Another concern with the project is the unit layout. The units have little individuality and minimal natural light. Only eight units in the project have a bathroom with openable windows. In addition, 27 of the 39 units have kitchens as well as second bedrooms that do not have openable windows. The only natural light to these rooms is provided through a light well located adj acent to the bedroom and kitchen in each unit. However, as previously noted, since the floor plans are typical, each light well is shared between four units. To reduce noise impacts, the light vlell windows are to be sound sealed and double glazed. While this arrangement does allow for natural light, there will - 7 - . . be no access to fresh air. Given the lot size and project density, staff believes the floor plans could be redesigned to consider these issues. To address these design concerns, staff has included three new conditions of approval as part of this report. Prior to submittal to the ARB the applicant will be required to modify the project design. Architectural Review Board Comments Prior to the Planning Commission's review, the applicant requested that the Architectural Review Board conceptually review the building plans, colors, materials, landscaping, and irrigation plans. Although the project is subject to the City water conservation ordinance, the Board determined that the project should be permitted to have more that 20 percent of the total landscaped area to be non-water conserving in order to provide plant materials that are compatible with Palisades Park. In addition, the Board complemented the selection of building materials, which include pink/grey granite, pink limestone, blue-green glass, copper awnings with verdi9ris finish, and metal balcony railings. Conclusion The proposed condominium project complies with all applicable provisions of the zoning Ordinance and the General Plan. The Initial study determined that the project would not have a significant effect on the environment, meriting adoption of a Negative Declaration. In addition, the project will provide more affordable rental housing units than required by City ordinances. - 8 - . . BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOl'1M.ENDATION It is respectfully recommended that the Council deny the appeal and uphold the decision of the Planning Commission to approve Conditional Use Permit 89-001, Development Review 89-003, Tract Nap 36409, and approve a Negative Declaration for the Initial study, EIA 913 with the findings and conditions contained in the October 25, 1989 Planning Commission Statement of Official Action and the following additional conditions. 1. The project's floor plans shall be redesigned so that all bedrooms have openable windows and at least one bathroom per unit has an openable window. 2. The project shall be redesigned to incorporate stepbacks at the third and fourth floors along the Ocean Avenue and palisades Avenue elevations, and pedestrian oriented design details such as exterior street entrances to the ground floor units and/or more attention to the design of the main lobby entrance, and to improve the building's compatibility with Palisades Park and the overall streetscape. This redesign shall also consider increasing the individuality of each dwelling unit. - 9 - . . 3. To insure the project continues to comply with all Zoning Ordinance requirements, these design modifications shall be made prior to review and approval by the Architectural Review Board. Prepared by: Paul Berlant, Director of Planning Amanda Schachter, Associate Planner Planning Division community and Economic Development Department Attachments: A. Appeal from Councilmember Ken Genser B. Planning Commission Staff Report dated 9-20-89 c. Supplemental Planning Comn'ission staff Report dated 10-25-89 D. Planning commission staten:ent of Official Action E. Planning Commission Minutes dated 10-25-89 F. Final Initial study, EIA 913 G. Project Plans AS PC/CCDR8903 12/06/89 - 10 - . City a Santa MMiica Comml;.1Ityand EconomiC Development Depanment Plar.n:ng and ZonIng Division (2' 3) 458-834' APPEAL FOAM DEL.Ern D;:.-;e 1.,1, Ic.t! 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A4\-a.c-'nWl'2.Yl+ "B CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: September 20, 1989 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: CUP 89-001, DR 89-003, TM 36409 and EIA 913 Address: Applicant: 701 Ocean Ave Taico Properties, Inc. Action: Application for a Conditional Use permit, Development Review Permit, and adoption of a Negative Declaration for the construction of a four story, 39 unit condominium project on a 41,958 sq ft parcel in the R4 zone (High Density Multiple Family Residential) . Recommendation: Adoption of Negative Declaration and Approval with conditions. Permit streamlining Expiration Date: October 3, 1989 SITE LOCATION AND DESCRIPTION The subj ect property is a 41,958 sq. ft. parcel located on the south side of Palisades Avenue between Ocean Avenue and 4th Street having a frontage of 186.48 feet. Surrounding uses con- sist of a two story 31 unit apartment building (R4) to the north I a three story 55 unit apartment building (R4) to the south, a 12 unit condominium/apartment building and a four story 32 unit apartment building (R4 and Rl) to the east, and Palisades Park (R4) to the west. Zoning District: R4 Land Use Districts: High Density Multiple Family Residential Parcel Area: 186.481 x 225' = 41,958 square feet PROJECT DESCRIPTION Proposed to be removed are an existing 18 unit apartment building and one single family home with three apartment units. Proposed for construction is a four story, 39 unit condominium building over a two level subterranean parking garage with 96 spaces. The garage would be accessed from First Court (the alley on the east side of the parcel). All units would be single story with two - 1 - . . bedrooms and two or two and one half baths. A roof top swimming pool and garden will be included. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS An Initial study has determined that the project will not have a significant effect on the environment; a Negative Declaration has been recommended. RENT CONTROL STATUS Existing units have been removed under the Ellis Act. FEES The proposed 39 unit condominium is subject to a Parks and Recre- ation Facility Tax of $200.00 per unit and a Condominium Tax of $1000.00 per saleable residential unit. ANALYSIS Background: Related project: In a separate but related project, the developer has obtained approval for a 28 unit apartment building at 2107 5th street. 2107 5th is related to the proposed project in that the applicant obtained Coastal Commission approval in 1979 for a 45 unit condominium project at the Ocean Avenue site. One of the conditions of approval was development of replacement rental housing at the 5th street site. The Coastal permit for both projects is still valid and the applicant is intending to satisfy the conditions of that Coastal permit, as well as current city requirements through linking the two projects. It is the developer's expressed interest that units to be provided at 2107 5th satisfy Program 10 and Program 12 requirements for 701 Ocean. Program 10 requires replacement of the 22 rental units to be removed from 701 Ocean. program 12 requires either the payment of $226,482.28 in in-lieu fees (at the present fee schedule) or the provision of 6 rental units deed restricted as affordable to middle income households. The applicant has expressed a willing- ness to enter an agreement with the city, whereby Program 12 re- quirements for 701 Ocean shall be satisfied by deed restricting up to 23 units (in addition to the four which are already re- stricted) at 2107 5th, to be affordable to a combination of low and moderate income households, per the restrictions of Program 12 inclusionary units. Current program 10 requirements for 701 Ocean would be satisfied by the proposed 39 unit condominum project. The draft Program 10 implementing ordinance reviewed by the City Council contains a specific section [Section 9448 (a) (3) J which will address the - 2 - . . situation of this particular project such that if the implement- ing ordinance is adopted, Program 10 requirements would be satis- fied at the 5th street project, which will provide a greater num- ber of replacement rental housing units than are presently at the Ocean Avenue site. No agreement has, as yet, been formalized for the satisfaction of either program 10 or Program 12 on the 701 Ocean project. Find- ings for such an agreement could be made, based on the objective expressed in the Land Use Element, to increase the amount of af- fordable housing. This offer from the applicant would result in a substantially larger number of affordable rental units being created as compared to payment of a Program 12 in-lieu fee. Final Tract Map Approved: Tract Map 36409 for 701 Ocean was adop- ted by resolution no. 6166 C.C.S. on January 14, 1981 by the city Council of the City of Santa Monica. Proposal: The applicant has proposed the construction of a 39 unit condominium building over a 96 space, two-level subterranean parking garage. The building would be 4 stories, 45' in height as measured from the average natural grade. The proposed con- dominium meets all applicable Planning and Zoning requirements regarding density, height, setbacks, lot coverage and parking. The proposed project is at a lower density than allowed by code. Up to 47 units are permitted; the application is for 39 units. The proposed building includes 39, single-story units, with nine units on the first floor and ten units each on floors two through four. All units have at least one exterior wall with three units on each floor having two or more exterior walls. Those units with only one exterior wall feature 10' x 10' light wells provid- ing natural light to the bedroom and kitchen at the interior of the building. All units have at least one outdoor patio or deck. In addition to dwelling units, the first floor contains a lobby and mail room. The rooftop features a swimming pool, spa and garden. Parking will be provided in the tWO-level, subterranean parking garage. The garage will contain 96 spaces, ten more than re- quired by the City of Santa Monica. A total of 86 spaces are required, 78 spaces for the residents (2 spaces per two bedroom unit) and 8 guest spaces. The city Parking and Traffic Engineer has approved a parking and circulation plan for the project. In response to concerns raised by staff and by the Initial study, the applicant has modified the design of the building and land- scaping to be more compatible with development in the area. The modified design has provided greater articulation, a more pedestrian-oriented design, and landscaping to reflect the materials and design of Palisades Park. Traffic Analysis: 230 daily trips are expected from the proposed proj ect, which is 100 more per day than the existing use. A traffic and parking analysis, prepared by Kaku and Associates, - 3 - . . identified four intersections for in-depth level of service analysis as part of the overall analysis. The change that would result from this project, as well as the traffic generated by cumulative growth and development, will not have a significant, long-range impact at any of the four intersections analyzed. Landmark Consideration: The existing structure on the site (Rivington Place), was designated a City Landmark by the Land- marks Commission. This was overturned by the City Council on November 1, 1988. In commenting on the Initial study, the Land- marks commission has requested that the City council reconsider this decision. SMMC, section 9608 (N) does not permit recon- sideration of a disapproval within a period of five years from the effective date of the final action (i.e., not before November 1, 1993). Furthermore, on March 23, 1989, the Nuisance Abatement Board declared the property at 701 Ocean to be a nuisance. Such status allows the demolition of the structures on site, indepen- dent of approval of the proposed project. CONCLUSION In addition to a larger number of affordable housing units being provided, the proposed condominium complies with all applicable provisions of the Zoning Ordinance and the General Plan and is expected to have no significant impacts on the environment; therefore, the Negative Declaration merits adoption and the ap- plication merits approval. RECOMMENDATION It is recommended that the Planning commission adopt the Negative Declaration and approve Conditional Use Permit 89-001, and Development Review Permit 89-003. NEGATIVE DECLARATION FINDINGS The Planning Commission hereby finds that the Final Initial study and Negative Declaration should be certified in that: 1. The Commission has reviewed and considered the contents of the Final Initial study and Negative Declaration,consisting of the Draft Initial study and Negative Declaration, public comments, and responses. 2. The Final Initial study and Negative Declaration adequately review and analyze potential environmental effects of the proposed project. 3. The environmental review was conducted in accordance with applicable state and city CEQA guidelines including preparation, notification, and content requirements. 4. A Negative Declaration is appropriate, in that the Initial study provides sufficient data to support a finding that the project will not have a significant effect on the environment. - 4 - . . DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that required setbacks are provided, the proposed building complies with pertinent development standards and is within the range of building size in the neighborhood (two story to twelve story residential buildings). 2. The rights-of-way can accommodate autos and pedestrians, incl uding parking and access, in that the proj ect would provide 96 parking spaces, ten more than required by SMMC, Section 9044. 1, and a parking and traffic analysis ( in- cluding auto, pedestrian and bicycle usage) performed by Kaku and Associates, concluded that neither the project nor cumulative growth would have any significant impacts at any of the intersections studied. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure and services, and the project will be required to comply with Ordinance No. 1451 reg- ulating the rate of wastewater increase handled by the city's sewer system and Hyperion Treatment Plant. 4. The proj ect is consistent General Plan, in that it regulations. wi th the Municipal Code and conforms to the R4 zoning 5. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study as described in Attachment B, the Final Initial Study con- ducted by Robert Bein, william Frost and Associates. CONDITIONAL USE PERMIT FINDINGS 6. 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 proposed condomini- um conforms to the R4 zoning regulations. 7. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that it would be located in a mUlti-family residential district and it has incorporated general design elements of the surrounding district. 8. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project is less than the allowed density in the R4 zone. - 5 - . . 9. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the area is developed with mUlti-family residential projects. 10. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure and services. 11. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets and alleys. 12. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that required setbacks are pro- vided and the building mass is within the range of exist- ing buildings in the neighborhood (two story to 12 story residential buildings). 13. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project site is located in the high density mUltiple residential dis- trict and complies with the applicable regulations. 14. The proposed use would not be detrimental to the publ ic interest, health, safety, convenience, or general welfare, in that all public utilities are available, and required building and safety requirements will be enforced in the construction of the buiding and the applicant will provide a geotechnical study which will include mitigation mea- sures, if applicable, for the project, prior to issuance of a building permit. 15. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for high density mUltiple family residential use. SPECIAL CONDITIONS 1. The Architectural Review Board, in their review, shall pay particular attention to the landscaping and building design to ensure that the materials and design are com- patible with development in the area, especially Palisades Park. The Board shall carefully review plans for the transplanting of existing landscape materials so as to ensure success. 2. The developer shall covenant and agree with the City of santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions - 6 - . . shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property at 2107 5th street to ensure that 23 affordable units (of which not less than 12 will be low-income affordable units, with the remaining units affordable to households earning not greater than moderate income) are provided at the property at 2107 5th Street and maintained over time and through subsequent sales of the property. Said units will be in addition to the four units deed restricted at 2107 5th street as recorded with the Los Angeles County Recorder on March 30, 1989. A low-income affordable unit shall be defined as being affordable to households with incomes not exceeding 80% of the (RUD) Los Angeles county median in- come, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Depart- ment of Community and Economic Development. A moderate- income affordable unit shall be defined as being afford- able to households with incomes not exceeding 120% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to the issuance of building permits for 701 Ocean. Such agree- ment shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibilities of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the city Planning Division with a conformed copy of the recorded agreement prior to the is- suance of building permits for 701 Ocean Avenue. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("program 12"). 3. Prior to the issuance of building permits, the developer shall enter an agreement with the City whereby the provi- son of 28 rental units at 2107 5th Street shall satisfy program 10 requirements for the demolition of 22 rental housing units at the Ocean Avenue site. 4. The applicant shall provide a geotechnical stUdy which will include potential impacts due to the location of the rOOf-top swimming pool, and will include mitigation mea- sures if applicable for the project, prior to issuance of building permits. 5. Construction shall be limited pursuant to the City'S con- struction hours ordinance. - 7 - . . 6. The windows to the light wells of the condominium units will be sound sealed and double glazed to reduce noise impacts. These windows will also be operable for ventilation. 7. All exterior lighting shall be unobstructed and construct- ed or located so that only the intended area is illumi- nated, long-range visibility is reduced, and off-site glare is minimized. 8. Security lighting shall be directed inward and shielded from adjacent uses at the periphery of the site. 9. Appropriate procedures for photographing and documenting the courtyard structure shall be implemented by a qualified historian approved by the city. The original, measured drawings of the courtyard building which were prepared by Donald Parkinson will be submitted by the ap- plicant for inclusion in the City Planning Division files. Records of this structure will also be placed with the City of Santa Monica Historical Society. 10. The juniper trees which currently landscape the existing building will be retained and incorporated into project design wherever possible. Juniper trees which cannot be retained at their present location will be removed and transplanted. CONDITIONS Plans 1. This approval is for those plans dated March 8, 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. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the planning Commission, Architectural Review Board or Director of Planning. - 8 - . . 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. 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. Fees 7. 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 eet pay such new development fees I and that employers within the project pay such new annual em- ployer fees related to the City I S Transportation Manage- ment Plan. 8. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unit(s) on the sUbject lot, per and subject to the provisions of section 6670 et seq. of the Santa Monica Municipal Code. 9. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of section 6651 et seq. of the Santa Monica Municipal Code. Demolition 10. 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. 11. 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) . - 9 - . . 12. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum perIni tted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 13. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 14. 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 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. Construction l5. 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. 16. 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. 17. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 18. 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. 19. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing - 10 - . . structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4 ) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings: 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling: 10) state whether any construction activity beyond normal- ly permitted hours is proposed: 11) Describe any proposed contruction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 20. A sign shall be posted on the property in a manner consis- tent with the pUblic hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 21. 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 22. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous Conditions 23. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 24. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape - 11 - . . maintenance and other standards Subchapter. contained in the 25. 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. 26. 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. 27. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 28. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. Validity of Permits 29. The conditional use permit shall be of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said tract. 30. 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. 31. Within ten days of Planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 32. This determination shall not become effective for a period of fourteen days from the date of determination, or I 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. - 12 - . . Monitoring of Conditions 33. 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 ect made in conj 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 is not limited to, ensuring that the Planning Division itself and other city divisions and departments such as the Building Division, the General Services Department, the Fire Department, the Police Department, the community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certifi- cate of Occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. ATTACHMENTS Attachment A: Municipal Code Conformance Attachment B: Radius Map Attachment c: statistical Information Sheet Attachment D: Acknowledgement of state Clearinghouse review requirements Attachment E: Final Initial study and Neighborhood Impact Statement Attachment F: Project Plans Attachment G: Approved and Recorded Final Tract Map 36409 Prepared by: Jeffrey Heilman, Assistant Planner JH PC:xx8900l 11/20/89 - 13 - . ATTACHMENT A . MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE category Land Use Municipal Code Element Permitted Use multi-residential Density Height Setbacks Front yard Sideyard Rearyard Lot Coverage Parking Landscaping 1 unit/900 sq ft = 47 units 4 stories, 451 20' 20' 151 50% 78 resident, 8 guest spaces 50% of front yard and in compliance with xeriscape - 14 - Project multi-residential 39 units 4 stories, 45' 20' 20' 151 50% 96 spaces 50% of front yard pending ARB review . . Attc..c1rL Yn-en\-- C CITY PLANNING DIVISION community and Economic Development Department MEMORANOUM DATE: October 25, 1989 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: SUPPLEMENTAL STAFF REPORT CUP 89-001, OR 89-003, TM 36409 and EIA 913 Address: Applicant: 701 Ocean Ave Taico properties, Inc. ANALYSIS Because a final tract map was approved for this project in 1981, the staff report for the september 20, 1989 Planning commission hearing for this application does not include conditions for ten- tative tract map approval. Thus, the project would not be sub- ject to the current condititons typically placed on the approval of tentative or final tract maps, including certain conditions relating to the form and content of condominium by-laws and CC & R's and to off-site improvements. In addition, the conditions of approval for this application re- quire that the city shall obtain/provide assurance that each con- dition of approval has been met. Attached to this supplemental staff report is a rec01T\lll.ended Mitigation Monitoring Program to satisfy this condition. RECOMMENDATI9N: In order to ensure that this project will comply wi th all current standard conditions placed on the approval of condominium projects, it is recommended that the following condi- tions be added to those in the original staff report, and it is further recommended that the attached Mitigation Monitoring Pro- gram be adopted. ADDITIONAL CONDITIONS 34. Prior to issuance of a building permit, Condominium As- sociation By-Laws and a Declaration of CC & R's shall be recorded fOllowing review and approval by the city Attor- ney. The CC & R' s shall contain a non -discrimination clause as presented in Section 9392 (SMMC) and in the case of condominiums, contain such provisions as are required by Seetin 9122E (SMMC). 35. All off-site improvements required by the city Engineer shall be installed. Plans and specifications for off site - 1 - . . improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 36. Prior to issuance of building permits, a subdivision im- provement agreement for all off site improvements required by the City Engineer shall be prepared and a performance bond posted through the city Attorney's office. Attachments: A: Proposed Mitigation Monitoring Program Prepared by: Jeffrey Heilman, Assistant Planner JH PC:supxOOl 10/23/89 - 2 - . . . tj//z--o cP ? (2- 13 . f STATEMENT OF OFFICIAL ACTION U r., ....-~-1 ,ULf. ,-u :' PROJECT NUMBER: CUP 89-001, DR 89-003, EIA 913 LOCATION: 701 Ocean Avenue APPLICANT: Taico Properties, Inc. REQUEST: Adoption of a Negative Declaration and approval of Conditional Use Permit 89-001 and Development Review Permit 89-003 to allow the construciton of a four story, 39 unit condominium project on a 41,958 sq ft parcel in the R4 zone. PLANNING COMMISSION ACTION 10/25/89 XX Date. Approved project based on the following findings and subject to the conditions below. Denied. Other. NEGATIVE DECLARATION FINDINGS The Planning Commission hereby finds that the Final Initial study and ~e9ative Declaration should be certified in that: 1. The Commission has reviewed and considered the contents of the Final Initial Study and Negative Declaration,consisting of the Draft Initial Study and Negative Declaration, public comments, and responses. 2. The Final Initial study and Negative Declaration adequately review and analyze potential environmental effects of the proposed project. 3. The environmental review was conducted in accordance with applicable state and city CEQA guidelines including preparation, notification, and content requirements. 4. A Negative Declaration is appropriate, in that the Initial study provides sufficient data to support a finding that the project will not have a significant effect on the environment. - 1 - . . DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that required setbacks are provided, the proposed building complies with pertinent development standards and is within the range of building size in the neighborhood (two story to twelve story residential buildings). 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the proj ect would provide 96 parking spaces, ten more than required by SMMC, Section 9044.1, and a parking and traffic analysis (in- cluding auto, pedestrian and bicycle usage) performed by Kaku and Associates, concluded that neither the project nor cumulative growth would have any significant impacts at any of the intersections studied. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure and services, and the project will be required to comply with Ordinance No. 1451 reg- ulating the rate of wastewater increase handled by the Cityts sewer system and Hyperion Treatment Plant. 4. The project is consistent with the Municipal Code and General Plan, in that it conforms to the R4 zoning regulations. 5. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study as described in Attachment B, the Final Initial study con- ducted by Robert Bein, William Frost and Associates. CONDITIONAL USE PERMIT FINDINGS 6. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions ot the Itcity of Santa Monica comprehensive Land Use and Zoning Ordinance", in that the proposed condomini- um contorms to the R4 zoning regulations. 7. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that it would be located in a mUlti-family residential district and it has incorporated general design elements ot the surrounding district. 8. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project is less than the allowed density in the R4 zone. - 2 - . . 9. The proposed use would be compatible with existing and perrnissibl district and the general area in which the proposed use is to be area is developed with multi-family residential projects. 10. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure and services. 11. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets and alleys. 12. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that required setbacks are pro- vided and the building mass is within the range of exist- ing buildings in the neighborhood (two story to 12 story residential buildings). 13. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project site is located in the high density multiple residential dis- trict and complies with the applicable regulations. 14. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that all public utilities are available, and required building and safety requirements will be enforced in the construction of the buidin9 and the applicant will provide a geotechnical study which will include mitigation mea- sures, if applicable, for the project, prior to issuance of a building permit. 15. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for high density multiple family residential use. SPECIAL CONDITIONS 1. The Architectural Review Board, in their review, shall pay particular attention to the landscaping and building design to ensure that the materials and design are compatible with development in the area, especially Palisades Park. The Board shall carefully review plans for the transplanting of existing landscape materials so as to ensure success. 2. The developer shall covenant and agree with the city of Santa Monica to specific terms, conditions and restric- tions upon the possession, use and enjoyment of the sub- j ect property, which terms , conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed for the property at 2107 5th - 3 - . . street. The conditions and restrictions shall ensure that 23 affordable units (of which not less than 12 will be low-income affordable units, with the remaining units af- fordable to households which are at or below moderate- income levels) are provided at the property at 2107 5th street and maintained over time and through subsequent sales of the property. Said units will be in addition to the four units already deed restricted at 2107 5th street as recorded with the Los Angeles County Recorder on March 30, 1989. A low-income affordable unit shall be defined as being affordable to households with incomes not exceed- ing 80% of the (HOD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. A moderate-income affordable unit shall be defined as being affordable to households with incomes not exceeding 120% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to the issuance of building permits for 701 Ocean AVenue. Such agreement shall specify 1) responsibilities of the developer for making the unit (8) available to eligible tenants and 2) responsibilities of the City of Santa Moni- ca to prepare application forms for potential tenants, establish criteria for qualifications, and monitor com- pliance with the provisions of the agreement. In es- tablishing lists of qualified tenants for occupancy of units located at 2107 Pacific, tenants who have been evic- ted from 701 Ocean Avenue pursuant to the Ellis Act shall be given first priority, provided that such tenants meet income eligibility criteria established for the units, as set forth above. Owner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to the is- suance of building permits for 701 Ocean Avenue. Owner shall obtain a certificate of occupancy for the above- described project at 2107 5th street and shall rent the units in that project to qualifying tenants prior to is- suance of a certificate of occupancy for the project lo- cated at 701 Ocean Avenue. ". ... This provision is intended to satisfy the inclr.lsionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program l2t1). 3. Prior to the issuance of building per1'l\its, the developer shall enter an agreement with the city whereby the provi- son of 28 rental units at 2107 5th street shall satisfy Program 10 requirements for the demolition of 22 rental housing units at the Ocean Avenue site. - 4 - .. . . 4. The applicant shall provide a geotechnical study which will include potential impacts due to the location of the roof-top swimming pool, and will include mitigation mea- sures if applicable for the project, prior to issuance of building permits. Building and Safety shall pay particu- lar attention to these issues in its review of the project relative to the project's location within a hazard manage- ment zone. 5. construction shall not begin before 8:00 a.m. on any given day and shall be otherwise limited pursuant to the City's construction hours ordinance. 6. The windows to the light wells of the condominium units will be sound sealed and double glazed to reduce noise impacts. These windows will also be operable for ventilation. 7. All exterior lighting shall be unobstructed and construct- ed or located so that only the intended area is illumi- nated, long-range visibility is reduced, and off-site glare is minimized. 8. security lighting shall be directed inward and shielded from adjacent uses at the periphery of the site. 9. Appropriate procedures for photographing and documenting the courtyard structure shall be implemented by a qualified historian approved by the City. The owner shall submit measured drawings of the existing courtyard build- ing to the City Planning Division for inclusion in the city Planning Division files. Records of this structure will also be placed with the City of Santa Monica Histori- cal Society. 10. The juniper trees which currently landscape the existing building will be retained and incorporated into project design wherever possible. Juniper trees which cannot be retained at their present location will be removed and transplanted. 11. The owner shall construct a 6' screen wall parallel and adjacent to the south (rear) property line. 12. A qualified entity, mutually agreed upon by the owner and the City, shall manage the units at 2107 5th street. Priority shall be given to a non-prOfit entity. CONDITIONS Plans 1. This approval is for those plans dated March 8, 1989, a copy of which shall be maintained in the files of the City Planning Division. project development shall be - 5 - . . consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be sUbject to review and ap- proval by the Architectural Review Board. 6. 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. Fees 7. 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. 8. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unit(s) on the subject lot, per and subject to the provisions of section 6670 et seg. of the Santa Monica Municipal Code. 9. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the Santa Monica Municipal Code. - 6 - . . Demolition 10. 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. 11. 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) . 12. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permi tted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 13. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 14. 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 wi th program 10 of the Housing Element. Construction 15. 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. 16. 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. - 7 - . . 17. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 18. street trees shall be maintained, relocated or provided as required in a manner consistent with the city's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 19. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; S) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed contruction 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 publ ic streets for parking; 15) List a designated on-site construction manager. 20. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 21. 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. - S - . . Environmental Mitigation 22. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous Conditions 23. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 24. 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. 25. 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. 26. 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. 27. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 28. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3' of the room below unless compliance with the district's limits on n~mber of stories can be maintained. validity of Permits 29. The conditional use permit shall be of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said tract. - 9 - . . 30. 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. 31. within ten days of Planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action pre- pared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, ap- plicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 32. 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. Monitoring of Conditions 33. Pursuant to the requirements of Public Resources Code Section 21081.6, the City planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division i tsel f and other City divisions and departments such as the Building Division, the General services Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certifi- cate of Occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their responsibilities. 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 Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. - 10 - . . 34. Prior to issuance of a building permit, Condominium As- sociation By-Laws and a Declaration of CC & Rls shall be recorded following review and approval by the City Attor- ney. The CC & R' s shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case of condominiums, contain such provisions as are required by Section 9122E (SMMC). 35. All off-site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 36. Prior to issuance of building permits, a subdivision im- provement agreement for all off site improvements required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 37. As a mitigation monitoring program, the City shall obtain/provide assurances that each condition of approval (referenced below) and defined in this Statement of Official Action has been met. The City department listed next to each condition number shall be responsible for ensuring that compliance is obtained. The date of compliance shall be noted herein. The responsible department shall conduct single or periodic monitoring, as appropriate, to ensure condition compliance. If a condition requires on-going action, the applicant shall report annually in writing to the responsible City department which will verify compliance. Each responsible department may require the applicant to supply data as are needed to verify compliance. Department Date Special Conditions: l. Planning 2. Planning 3. Planning 4. Engineering 5. Building and Safety compliance Deadline Prior to Building Permits Prior to Building Permits Prior to Building Permits Prior to Bulding Permits Throughout construction - 11 - . . 6. Building and Safety Prior to Certificate of Occupancy 7. Building and Safety Prior to certificate of Occupancy 8. Building and Safety Prior to Certificate of Occupancy 9. Planning Prior to Building Permits Department Date Compliance Deadline 10. Planning Prior to Certificate of Occupancy 11- Planning Prior to certificate of occupancy 12. Planning Prior to Certificate of Occupancy 13. Parking & Traffic Prior to Building Permits standard Conditions: 5. Planning Prior to Building Permits 6. Planning Prior to Building Permits 7. Parking & Traffic Annual Compliance 8. Building & safety Prior to Building Permits 9. Recreation & Parks Prior to certificate of Occupancy 10. Building & Safety Prior to Building Permits 11- Recreation and Parks Prior to Certificate of Occupancy 12. Building & Safety Prior to Building Permits 13. Building and Safety Prior to Building Permits 14. Planning Prior to Certificate ef Occupancy - 12 - . . 15. Building and Safety Prior to Building Permits 16. General Services Prior to Building Permits 17. General Services Prior to Building Permits 18. Recreation & Parks Prior to Certificate of Occupancy 19. General Services Prior to Building Permits 20. Building & Safety Prior to Building Pend ts Department Date Compliance Deadline 21- Building & Safety Prior to Building Permits 22. General Services Prior to certificate of occupancy 23. Planning Prior to Certificate of Occupancy 24. Planning Prior to Certificate of Occupancy 25. Planning Prior to Building Permits 26. General services prior to Building Permits 27. Planning Prior to Building Permits 28. Planning Prior to Building Permits 29. Planning Prior to Building permits 30. Building and Safety Prior to certificate of Occupancy 31. Planning Prior to Buildinq permits 32. Planning Prior to Building Permits - 13 - . . 33. Planning Prior to Building Permits 34. Planning Prior to Building Permits 35. City Engineer Prior to Building Permits 36. Planning Prior to Building Permits. VOTE Ayes: Nays: Abstain: Absent: Kaufman, Lambert, Nelson, Rosenstein Kechur, Farivar Pyne 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 supercede Pub 1 ic 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 that this state.ent of otficial Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa Xonica. signature date print name and title - 14 - .. . . I hereby agree to the above conditions of approval and acknowledqe that failure to comply with such conditions shall constitute qroun4s for potential revocation of the permit approval. Applicant's Signature print Name and Title PC/stoa701 JH:nh 11/13/89 - 15 -