SR-402-001 (54)
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Council Mtg: May 13, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of a Final Environmental Impact Report Prepared in
Conjunction with a Mixed-Use Project Proposed at 1540 2nd Street,
Adoption of a Statement of Overriding Conditions and Mitigation
Monitoring Program, Introduction and First Reading of an
Ordinance Amending SMMC Sections 9.04.08.18.040,
9.04.08.18.050 and 9.04.14.090, and Appeal of Planning
Commission Denial of Development Review Permit 98-012, Text
Amendment 98-009, Conditional Use Permit 98-046 and Variance
98-053 Related to the Project. Applicant/Appellant: Realty Bancorp
Equities
INTRODUCTION
This report recommends that the City Council take the following actions:
1. Adopt a Resolution certifying the Final Environmental Impact Report prepared
for the proposed mixed-use project at 1540 2nd Street;
2. Adopt the Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Program;
3. Introduce for first reading the ordinance amending SMMC Sections
9.04.08.18.040,9.04.08.18.050 and 9.04.14.090 and
4. Adopt the findings and conditions of approval for Development Review Permit
98-012, Conditional Use Permit 98-046; and Variance 98-053.
BACKGROUND
On April 8, 2003 the City Council conducted a public hearing regarding the above
referenced project. Following the public hearing, the Council expressed concerns
regarding the project's impacts on the pedestrian environment in the area
adjacent to the project site and directed the applicant/appellant to re-design the
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ground floor of the project. The Council gave the applicant/appellant the
following direction:
1 Re-design the ground level parking area to provide internal vehicular
circulation to the subterranean parking levels;
2. Re-design the vehicle access to the ground level parking to remove the
entrance-only driveway on Colorado Avenue and potentially reverse the
direction of the alley from southbound to northbound to provide vehicular
access to the ground level parking and subterranean parking levels, which
could include widening First Court alley in the vicinity of the project but not
at the sidewalk; and
3. Provide a parking management plan for the efficient use of the proposed
tandem parking spaces.
The Council also indicated its intent to approve the modified project and
instructed staff to prepare the appropriate documentation for approval. Staff has
attached a Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Program in Attachment F, the findings and conditions for
project approval and an Ordinance for introduction and first reading in
Attachment G to allow for the replacement of the McDonalds fast-food restaurant
as proposed.
DISCUSSION
Proiect Modifications
The applicant/appellant has re-designed the first floor of the project pursuant to
Council direction. Internal vehicular circulation has been provided within the
ground level parking area to the subterranean parking levels, including
modifications to entrances and exits to the subterranean garage from 2nd Street
2'
and First Court alley. The Colorado Avenue entrance-only driveway has been
relocated adjacent to First Court alley where the applicant/appellant proposes to
dedicate 6' of the project site to widen First Court alley for a distance of
approximately 169 feet. The alley would convert to 2-way circulation in this area
to provide vehicular ingress and egress to the project's ground level and
subterranean parking areas. This re-configuration results in the loss of one
ground level parking space leaving 30 spaces at this level and a total of 299
spaces within the project including the tandem spaces below grade. Finally, the
applicant/appellant has set back the first floor of the project along Colorado
Avenue and proposes dedicating a 2~ foot area so that the sidewalk may be
widened The applicant/appellant also modified the project application to include
the availability of the project's parking to the general public during weekday
evenings and weekends.
Internal Vehicular Circulation
Internal vehicular circulation is now provided between the ground level parking
area and the subterranean parking garage via a circular ramp. This modification
also changes the double driveway exit at the alley to a single driveway exit from
the subterranean parking garage. The entrance-only double driveway on 2nd
Street to the subterranean parking garage has been converted to a 2-way
driveway. In the parking management plan, the applicant/appellant proposes that
the ground level parking be monitored during peak hours (lunch time) with a
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signage system that would direct patrons to the subterranean parking level when
the lot is full,
The proposed design providing for on-site access into the subterranean parking
garage is an improvement because it minimizes circulation on City streets when
the ground level parking area is full. As such, staff believes that the proposed re-
design would have no new significant traffic impacts and would not increase the
severity of any significant traffic impacts identified in the Final EIR. As indicated
above, the applicant/appellant proposes to dedicate 6' of the project site to widen
First Court alley to 26' to accommodate the changes in the internal vehicular
circulation,
Alley Reversal
Pursuant to Council direction, City staff convened a meeting on April 30, 2003
with notices sent to the owners and occupants of properties that abut First Court
alley to discuss the possible reversal from a southbound to a northbound alley.
Staff received 5 letters in response to the notice and 5 persons attended the
meeting including the applicant/appellant, a representative of McDonalds, a
resident of 1541 Ocean Avenue, a representative of the Pacific Sands Hotel and
a representative of the valet parking operator at the Ivy Restaurant.
The five letters were sent from persons who either worked or lived at 1541
Ocean Avenue, Two persons favored reversal of the alley, one person preferred
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that the alley remain southbound only and another supported 2-way traffic. At the
meeting, the owners of the Pacific Sands Hotel opposed the alley reversal, the
valet operator at the Ivy Restaurant supported the reversal and the resident
expressed concerns about the current functioning of the alley.
Although technically feasible, observations of the alley and comments from those
who use it indicate that reversal of the alley direction would be difficult for some
current users of First Court, including Pacific Sands Hotel and Cugini
restaurant, whose valet parking plan relies on the southbound direction of the
alley. Therefore, after further analysis, staff recommends that the alley direction
remain unchanged.
Removal of Colorado A venue driveway/alley widening
The entrance-only driveway at Colorado Avenue has been re-designed and
ingress and egress to the site is now proposed from a widened First Court alley.
The applicant/appellant proposes to use 4' of the existing alley and will dedicate
to the City 6' of the project site for a distance of approximately 169 feet to provide
access to the site. This would result in a 26' wide alley and 2-way traffic
circulation in the alley for this distance.
The re-design does not provide sufficient alley width to provide for 2-way
circulation and allow for the loading/unloading of trucks and the trash receptacles
that currently exist in the alley. A 10' width is required for the loading/unloading
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of trucks and trash receptacles. The remaining 16' width is not sufficient to
accommodate 2-way traffic circulation. A 30' alley width would be required to
accommodate the loading/unloading of trucks and trash receptacles and provide
for 2-way traffic circulation with two 10' lanes,
This proposed modification removes the separate Colorado Avenue driveway
and widens the alley to 26' at the sidewalk. Although no additional significant
traffic impacts or increase in the severity of identified traffic impacts would result
from the change, staff has concerns with respect to widening of the alley at the
Colorado Avenue sidewalk. At certain times, Colorado Avenue is one of the
most congested pedestrian thoroughfares in the City. Increased potential for
conflict between pedestrians and cars occurs at this wider First Court access,
and pedestrians and motorists will have to contend with the challenge of two-way
traffic. During the times when pedestrian traffic along Colorado Avenue in this
block is heaviest, westbound traffic on Colorado Avenue generally experiences
delays at the Colorado Avenue intersection with Ocean Avenue. It is possible
that motorists may try to avoid this intersection by turning north into First Court,
only to find that they just have access to the project site, and not the outlet at the
other end of the alley.
For these reasons, staff has concerns about the vehicle access from Colorado
Avenue, the proposed 2-way alley traffic, and the impacts on the current activities
and uses within the alley. Furthermore, the widening of the alley and 2-way
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traffic circulation will increase the potential for conflicts between pedestrians and
vehicles entering and exiting the widened alley, Therefore, staff recommends
project approval with the condition that the Colorado Avenue driveway be
eliminated and all project street access occur from 2nd Street (Condition #64).
Colorado A venue first-floor setback
The applicant/appellant has moved the building fagade and landscaped area at
the first floor back 2 % feet from the property line along Colorado Avenue and
proposed dedicating this area to the City for sidewalk widening. A widened
sidewalk in this heavily traveled pedestrian area will improve the pedestrian
environment and enhance the linkage between Santa Monica PlacelThird Street
Promenade area to the Santa Monica Pier, the beach and Palisades Park,
Parking Management Plan
The applicant has provided staff with a proposed parking management plan in
accordance with Council direction (Attachment B). The management plan,
prepared by Standard Parking, proposes that the ground level parking area be
monitored during peak demand hours for McDonalds (lunch time). When the
parking area is full, signage will be provided to direct patrons to the first
subterranean parking level, which will be designated as parking for building
visitors. The two lower levels of the subterranean parking garage will be
earmarked for office tenants of the building and leased on a monthly basis,
These garage levels contain the tandem spaces, which will be attendant
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operated, Staff believes that the proposed parking management plan will provide
for efficient operation of the project's parking. Due to high restaurant patron
turnover during peak hours, the applicant/appellant will need to monitor capacity
continuously and direct patrons to use subterranean parking rather than wait for
ground level parking spaces to become available. A chain or gate may be
required to effectively manage the ground level parking area.
Public Parking
At the Council hearing, the applicant/appellant indicated that the proposed
project would provide needed public parking spaces. These parking spaces
would be those required for the project's office uses which would generally be
unused after business hours during the week and on weekends. Staff has
consulted the Urban Land Institute study, Shared Parkinq, the same document
used in the Final EIR to calculate parking demand, and has estimated that a
minimum of 115 spaces would be available to the public after 6:00 pm. weekday
evenings and a minimum of 118 spaces would be available on weekends,
Although the applicant/appellant cannot commit to a minimum of number of
public parking spaces and a set price structure for the spaces, he anticipates that
a minimum of 115 parking spaces will be available from 6:00 p.m. to 2:00 a.m.
during weekday evenings and a minimum of 118 spaces available on Saturdays
8:00 a.m. to 2:00 a.m. Sunday morning and on Sundays from 8:00 a.m. to 6:00
p.m. The applicant/appellant expects the price structure for these spaces to be
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twice the City's rate with no free parking. However, the applicant/appellant states
that all times of operation and pricing of the parking spaces are subject to change
depending on the actual demand for the parking spaces (see letter from
applicant/appellant - Attachment C).
The project description and application have been amended to include the
anticipated availability of these minimum number of parking spaces to the public
and the fee structure as part of the proposed project.
Ordinance Amendment
The proposed ordinance would allow the replacement of existing fast food
restaurants located in the C3 zoning district with approval of a Conditional Use
Permit. Fast food restaurants would have to be in existence as of May 13, 2003.
In addition, the ordinance proposes that fast food restaurants, which have their
entire operation including parking within a building, be permitted to open as early
as 5:00 a.m. daily and remain open until 1 :00 a.m. Monday through Friday and
3:00 a.m. Saturday and Sunday mornings. Staff believes that any adverse
impacts associated with the early morning and late night operation of these fast
food restaurants, including lights, noise and traffic, would be substantially
minimized with the entire fast food operation enclosed within a building.
Q
Street Trees
According to the City's Community Forrester, the placement of the proposed
driveways along 2nd Street is not consistent with the City's Community Forest
Management Plan. According to the plan, the project's driveways should be
located at least 10' from the canopy of existing street trees. The proposed
driveways will require the removal/relocation of a mature street tree on 2nd Street
and are located immediately adjacent to an additional street tree on 2nd Street.
The proposed widening of First Court alley will not fall within the 10' tree
protection zone of an existing street tree on Colorado Avenue.
The Community Forest Management Plan was approved by the Council in
November, 1999. It is a document intended to provide a framework for public
policy decisions regarding trees in public spaces and be used as a guide for the
selection, planting, pruning and removal of public trees. However, the
Community Forest Management Plan was not adopted by Ordinance and the
Council has the authority to approve the removal of public trees.
Final EI R
During the public hearing, the applicant/appellant pointed out to the Council that
an incorrect figure for the size of the existing McDonalds restaurant had been
used in the Final Environmental Impact Report, leading to an over-statement of
the traffic-related impacts of the project. In addition, the applicant/appellant
proposed mitigation measures for two of the impacted intersections, 2nd/Colorado
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and 4thlWilshire, which his consultant estimated would reduce the impacts to
below levels of significance. Staff agrees that the environmental analysis should
be adjusted to reflect the correct size of the existing McDonalds.
Kaku Associates, the traffic consultant who prepared the traffic analysis for the
Final EIR, has re-analyzed the traffic impacts based upon the revised figure for
the existing McDonalds and the resulting fewer new additional project-related
vehicle trips. The new analysis indicates that the project will result in significant
and unavoidable impacts at 5 intersections, instead of 6 intersections as
previously concluded. This analysis, which is included as Attachment D of this
staff report, will be included in Volume III of the Final EIR.
With regard to the mitigation measures proposed by the applicant/appellant at
2nd/Colorado and 4thlWilshire, the City had previously considered these mitigation
measures during the preparation of the Draft EIR. The mitigation measure
proposed by the applicant/appellant for the 2nd/Colorado intersection, the
installation of a protected/permissive left-turn phasing for the eastbound
Colorado Avenue from 2nd Street, would not mitigate any significant impacts at
this intersection as there are few turn movements in this direction. The mitigation
measure proposed at the 4thIWilshire intersection, the striping of a separate right-
turn lane on the westbound Wilshire approach to the 4th Street intersection, is not
feasible due to an existing bus stop.
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Finally, allowing the inbound access from Colorado Avenue adjacent to First
Court rather than as a stand-alone driveway would not significantly alter the trip
assignments used in the original traffic analysis. For this reason, no additional
traffic analysis would be required for the approval of this access configuration
Because comments from those that abut First Court indicate that reversal of the
alley direction would cause problems for several existing users, no effort was
made to analyze the impacts on the street system of reversing the direction of
this alley,
Staff believes that requiring the elimination of the Colorado Avenue driveway and
restricting street access to the site from 2nd Street would not result in any
additional significant traffic impacts or increase in the severity of previously
identified traffic impacts.
CONCLUSION
In accordance with Council direction, the re-design of the first floor has created
internal vehicle circulation between the ground floor parking area and the
subterranean garage. The applicant/appellant has also provided a preliminary
proposed parking management plan for the operation of the project's parking
spaces. In addition, the applicant/appellant has set back the first floor of the
project along Colorado Avenue and will dedicate 2 1/2 feet of land to the City to
provide for a widened sidewalk and improved pedestrian environment.
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However, staff still has concerns about the vehicle access from Colorado Avenue
and the proposed 2-way alley traffic and the impacts on the functionality of the
alley as it is currently utilized. Furthermore, the widening of the alley and 2-way
traffic circulation will increase the potential for conflicts between pedestrians and
vehicles entering and exiting the widened alley. Therefore, staff recommends
project approval with the condition that the Colorado Avenue driveway be
eliminated and all project street access occur from 2nd Street.
RECOMMENDATION
It is recommended that the Council take the following actions:
1. Adopt the Resolution certifying the Final Environmental Impact Report as
contained in Attachment E;
2. Adopt the Resolution making findings necessary to approve the
development project at 1540 2nd Street, adopt a Statement of Overriding
Considerations, and adopt a Mitigation Monitoring Program as contained
in Attachment F;
3. Introduce for first reading the ordinance amending Santa Monica
Municipal Code Sections 9.04.08.18.040, 9.04.08.18.050 and 9.04.14.090
as contained in Attachment G; and
4. Adopt the findings and conditions of approval for Development Review
Permit 98-012, Conditional Use Permit 98-046 and Variance 98-053 for
the project as amended.
DEVELOPMENT REVIEW FINDINGS
1 The physical location, size, massing, and placement of proposed
structures on the site and the location of proposed uses within the project
are compatible with and relate harmoniously to surrounding sites and
neighborhoods, in that the proposed project is a three-story, 45' tall
commercial building with 74,940 square feet of floor area which is
generally consistent with the mass and scale of existing developments in
this area of the downtown. Much larger buildings are located to the east
and south of the project site. Buildings similar in height are located north
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of the project site along the west side of 2nd Street and along a portion of
the area to the west across First Court alley.
2. The rights-of-way can accommodate autos and pedestrians, including
parking and access, in that vehicular access to and from the project site
is provided via 2nd Street and First Court alley. Pedestrian access is
provided via sidewalks along 2nd Street and Colorado Avenue including
an additional 2 % feet of sidewalk right-of-way along Colorado Avenue
provided by the project through additional first floor setback.
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 Final Environmental Impact Report prepared for the project did not
report any significant impacts to health and safety services or public
services and utilities.
4. Anyon-site provision of housing or parks and public open space, which
are part of the project mitigation measures required in Part 9.04.10.12
(Project Mitigation Measures) of the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, satisfactorily meet the
goals of the mitigation program, in that the applicant will be assessed an
in-lieu fee of $355,838.16 for the 48,332 square feet of general office
space developed as part of the project. This is based on the current rate
of $3.99 per square foot for the first 15,000 square feet of general office
floor area and $ 8.88 per square foot for the remaining 33,332 square
feet of office space.
5. The project is generally consistent with the Municipal Code and General
Plan, in that, with approval of the variance for tandem parking spaces,
the project complies with the provisions of the Comprehensive Land Use
and Zoning Ordinance. The project is consistent with the Land Use
Element, particularly Land Use Element Policy #1.2.4, which states that
City land use policy should: "Limit the number or control the location or
otherwise mitigate the impact of commercial uses such as ... fast food
establishments ... where the operation of such uses might have an
adverse impact on the surrounding neighborhood" in that the proposed
project will re-Iocate the entire operation (including parking) of an existing
on-site fast-food restaurant with surface parking to within a new building
which will help mitigate adverse impacts such as light, noise, traffic and
litter. The project, with its fast food restaurant, retail and office uses, is
also consistent with Policy #1.3.1 which encourages the concentration of
land uses and activities which create activity in both the daytime and
evening hours in the downtown. Finally, the project offers set back
facades, an outdoor dining patio and large ground floor windows which
are consistent with Policy #1.3.4 which requires pedestrian-oriented
design features at the ground floor street frontage.
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6, Reasonable mitigation measures have been included for most adverse
impacts identified in the Final Environmental Impact Report and a
Statement of Overriding Considerations has been adopted in
consideration of those significant impacts that cannot be mitigated to a
level of insignificance.
CONDITIONAL USE PERMIT FINDINGS
1 The proposed use is one conditionally permitted within the subject district
and complies with all of the applicable provisions of the "City of Santa
Monica Comprehensive Land Use and Zoning Ordinance", in that the
replacement of existing fast-food restaurants in existence as of May 13,
2003 is permitted by conditional use permit in the C3 Downtown
Commercial District.
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 proposed
fast-food restaurant and associated parking will be located entirely within
a building which will mitigate the adverse impacts on the surrounding
neighborhood which are common to fast-food establishments with
surface parking such as traffic, noise, light and litter.
3, The subject parcel is physically suitable for the type of land use being
proposed, in that the propose site is a rectangular parcel 37,470 square
feet in size.
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
proposed fast-food restaurant will replace an existing fast-food
establishment which will be demolished and replaced within the proposed
development on the site.
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 proposed fast-food restaurant and
associated parking will be located entirely within a building which will
mitigate the adverse impacts on the surrounding neighborhood which are
common to fast-food establishments with surface parking such as traffic,
noise, light and litter and will provide a low cost dining option for visitors,
residents and employees in the area.
6, There are adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to
public health and safety, in that the Final Environmental Impact Report
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prepared for the development did not identify any significant impacts to
water, sanitation, and public utilities and indicated that existing systems
could serve the proposed fast-food use.
7 Public access to the proposed use will be adequate, in that vehicular
access to and from the site will be available from 2nd Street and First
Court alley and pedestrian access is provided via sidewalks along 2nd
Street and Colorado Avenue including an additional 2 % feet of sidewalk
right-of-way along Colorado Avenue provided by the project through
additional first floor setback.
8, The physical location or placement of the use on the site is compatible
with and relates harmoniously to the surrounding neighborhood, in that
the proposed fast-food restaurant and associated parking are located
within a building which will mitigate any adverse effects of the fast-food
operation on surrounding properties.
9. The proposed use is consistent with the goals, objectives, and policies of
the General Plan, in that fast-food restaurants often provide a child-
friendly environment and are the restaurant of choice for many low and
moderate income families who live and work within the City, which is
consistent with Land Use Element Objective 1.1 which calls for a balance
of land uses that are consistent with (in part) "Retaining and protecting
the City's multi-ethnic and multi-income character".
10. The proposed use would not be detrimental to the public interest, health,
safety, convenience, or general welfare, in that the proposed fast-food
restaurant and associated parking will be located entirely within a
building which will mitigate the adverse impacts on the surrounding
neighborhood which are common to fast-food establishments with
surface parking such as traffic, noise, light and litter and will provide a
low cost dining option for visitors, residents and employees in the area.
The proposed fast-food restaurant will provide a convenience for
residents, visitors and employees of the area and a low cost dining option
for low and moderate income patrons.
11 The proposed use conforms precisely to the applicable performance
standards contained in Subchapter 9.04.12 and special conditions
outlined in Subchapter 9.04.14 of the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, in that the proposed
fast-food restaurant will comply with the special conditions contained in
SMMC Section 9.04.14.090.
12. The proposed use will not result in an over-concentration of such uses in
the immediate vicinity, in that there are no other fast-food establishments
within the immediate vicinity.
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VARIANCE FINDINGS
1 There are special circumstances or exceptional characteristics applicable
to the property involved, including size, shape, topography, location, or
surroundings, or to the intended use or development of the property that
do not apply to other properties in the vicinity under an identical zoning
classification, in that tandem parking spaces used by employees within
subterranean garages that are operated by parking management plans
will enable the project to more efficiently use the tandem spaces which in
turn will maximize the number of parking spaces available to visitors to
the site and eliminate the need for an excavation depth greater than
approximately 30' below grade. This avoids any further intrusion into the
ground water table, which is likely at this depth per Section IV.G of the
Final Environmental Impact Report prepared for the project.
2 The granting of such variance will not be detrimental or injurious to the
property or improvements in the general vicinity and district in which the
property is located, in that the tandem parking spaces will be utilized only
by employees working within the project site and will be operated by a
parking management plan approved by the Director of Planning and
Community Development.
3 The strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships, not including economic
difficulties or economic hardships, in that the only feasible means of
providing required parking within a standard parking design is to add an
additional floor of subterranean parking or significantly reduce the size of
the proposed development by approximately 16,800 square feet or 22%.
The current building size is that which is allowed by Code. In addition, the
approval of a variance for the tandem parking will eliminate the need for
an excavation depth greater than approximately 30' below grade. This
avoids any further intrusion into the ground water table, which is likely at
this depth per Section IV.G of the Final Environmental Impact Report
prepared for the project.
4 The granting of a variance will not be contrary to or in conflict with the
general purposes and intent of this Chapter, or to the goals, objectives
and policies of the General Plan, in that Circulation Element Policy #4.7.3
states: "Most efficient use of parking facilities should be encouraged,
including provisions for compact cars, tandem parking in conjunction with
free valet service." The parking management plan required for the
project will provide for the efficient use of the tandem spaces through the
use of a parking attendant on each floor.
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5. The variance would not impair the integrity and character of the district in
which it is to be located, in that the tandem parking spaces will only be
utilized only by employees working within the project site and will be
operated by a parking management plan approved by the Director of
Planning and Community Development.
6, The subject site is physically suitable for the proposed variance, in that
the tandem parking spaces will be located within a 3 level subterranean
parking garage built as part of a 3-story, approximately 75,000 square
foot development on a 37,470 square foot parcel.
7, There are adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed variance would not be
detrimental to public health and safety, in that the Final Environmental
Impact Report prepared for the development did not identify any
significant impacts to water, sanitation, and public utilities and indicated
that existing systems could serve the proposed project.
8. There will be adequate provisions for public access to serve the subject
variance proposal, in that the tandem parking spaces will be located
within a 3 level subterranean parking garage which is accessed from 2nd
Street and First Court alley and pedestrian access is provided via
sidewalks along 2nd Street and Colorado Avenue including an additional
2 % feet of sidewalk right-of-way along Colorado Avenue provided by the
project through additional first floor setback.
9. For the reduction of the automobile parking space requirements, the
reduction is based and conditioned upon an approved parking reduction
plan that incorporates transportation control measures that have been
demonstrated to be effective in reducing parking needs and that are
monitored, periodically reviewed for continued effectiveness, and
enforced by the City as contained in Section 9.04.10.08.050 of this
Chapter in that a parking management plan, approved by the Director of
Planning and Community Development is required as part of project
approval.
10. The strict application of the provisions of Article IX of the City of Santa
Monica Municipal; Code would result in unreasonable deprivation of the
use or enjoyment of the property, in that the only feasible means of
providing required parking within a standard parking design is to add an
additional floor of subterranean parking or significantly reduce the size of
the proposed development by approximately 16,800 square feet or 22%.
The current building size is that which is allowed by Code. In addition, the
approval of a variance for the tandem parking will eliminate the need for
an excavation depth greater than approximately 30' below grade. This
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avoids any further intrusion into the ground water table which is likely as
called out in Section IV.G of the Final Environmental Impact Report
prepared for the project.
CONDITIONS
Plans
1 This approval is for those plans dated May 5, 2003, 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 Chapter 1, Article IX of
the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances
and General Plan policies of the City of Santa Monica.
3, Final parking lot layout and specifications shall be subject to the review
and approval of the Transportation Management Division.
4, Minor amendments to the plans shall be subject to approval by the
Director of Planning. A significant change in the approved concept shall
be subject to Planning Commission Review. Construction shall be in
conformance with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural Review Board, the
applicant shall review disabled access requirements with the Building and
Safety Division and make any necessary changes in the project design to
achieve compliance with such requirements. The Architectural Review
Board, in its review, shall pay particular attention to the aesthetic,
landscaping, and setback impacts of any ramps or other features
necessitated by accessibility requirements.
6, Prior to submittal of landscape plans for Architectural Review Board
approval, the applicant shall contact the Department of Environmental and
Public Works Management regarding urban runoff plans and calculations.
7, Construction period signage shall be subject to the approval of the
Architectural Review Board.
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8 Plans for final design, landscaping, screening, trash enclosures, and
signage shall be subject to review and approval by the Architectural
Review Board.
9, The Architectural Review Board, in its review, shall pay particular attention
to the project's pedestrian orientation and amenities; scale and articulation
of design elements; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
10. As appropriate, the Architectural Review Board shall require the use of
anti-graffiti materials on surfaces likely to attract graffiti.
11 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.
12, Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse
areas shall be of a size adequate to meet on-site need, including
recycling. The Architectural Review Board in its review shall pay particular
attention to the screening of such areas and equipment. Any rooftop
mechanical equipment shall be minimized in height and area, and shall be
located in such a way as to minimize noise and visual impacts to
surrounding properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall be located at least five
feet from the edge of the roof. Except for solar hot water heaters, no
residential water heaters shall be located on the roof.
Demolition
13.
Until such time as the demolition is undertaken, and unless 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 surveillance of the
property to the satisfaction of the Building and Safety Officer and the Fire
Department. Any landscaping material remaining shall be watered and
maintained until demolition occurs.
4,
Street trees shall be maintained, relocated or provided as required in a
manner consistent with the City's Community Forest Management Plan ')
2000, per the specifications of the Open Space Management Division of ~
the Community and Cultural Services Department and the City's Tree r
Code (SMMC Section 7.40). NG-street trees shall be removed without the
approval of the Open Space Management Division.
20
15, Immediately after demolition (and during construction), a security fence,
the height of which shall be the maximum permitted by the Zoning
Ordinance, shall be maintained around the perimeter of the lot. The lot
shall be kept clear of all trash, weeds, etc.
16, 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.
17. No demolition of buildings or structures 40 years of age or older shall be
permitted until the end of a 60-day review period by the Landmarks
Commission to determine whether an application for landmark designation
shall be filed. If an application for landmark designation is filed, no
demolition shall be approved until a final determination is made by the
Landmarks Commission on the application.
18. Prior to issuance of any demolition permits, a demolition materials
recycling plan shall be filed for approval by the Department of
Environmental and Public Works Management which seeks to maximize
the reuse/recycling of existing building materials.
Construction
19. Unless otherwise approved by the Department of Environmental and
Public Works Management, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
Environmental and Public Works Management shall be reconstructed to
the satisfaction of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from the
Department of Environmental and Public Works management prior to
issuance of the building permits.
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. Immediately after commencing dirt removal from the site, the
general contractor shall provide the City of Santa Monica with written
certification that all trucks leaving the site are covered in accordance with
this condition of approval.
A construction period mitigation plan shall be prepared by the applicant for
approval by the Department of Environmental and Public Works
Management prior to issuance of a building permit. The approved
21
mitigation plan shall be posted on the construction site for the duration of
the project construction and shall be produced upon request. As
applicable, this plan shall 1) Specify the names, addresses, telephone
numbers and business license numbers of all contractors and
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 sidewalk is proposed to be
used in conjunction with construction; 5) Set forth the extent and nature of
any pile-driving operations; 6) Describe the length and number of any
tiebacks which must extend under the property of other persons; 7)
Specify the nature and extent of any dewatering and its effect on any
adjacent buildings; 8) Describe anticipated construction-related truck
routes, number of truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling; 10) State whether
any construction activity beyond normally permitted hours is proposed; 11)
Describe any proposed construction noise mitigation measures; 12)
Describe construction-period security measures including any fencing,
lighting, 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;
16) Provide a construction materials recycling plan which seeks to
maximize the reuse/recycling of construction waste; 17) Provide a plan
regarding use of recycled and low-environmental-impact materials in
building construction; 18) provide a construction period water runoff
control plan.
23. A sign shall be posted on the property in a manner consistent 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.
24. The property owner shall insure any graffiti on the site is promptly
removed through compliance with the City's graffiti removal program.
25. A copy of these conditions shall be posted in an easily visible and
accessible location at all times during construction at the project site. The
pages shall be laminated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
26. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets
and 1.0 gallon urinals and low flow shower head.)
22
27, To mitigate solid waste impacts, prior to issuance of a Certificate of
Occupancy, project owner shall submit a recycling plan to the Department
of Environmental and Public Works Management for its approval. The
recycling plan shall include 1) list of materials such as white paper,
computer paper, metal cans, and glass to be recycled; 2) location of
recycling bins; 3) designated recycling coordinator; 4) nature and extent of
internal and external pick-up service; 5) pick-up schedule; 6) plan to
inform tenants/ occupants of service.
28. To mitigate storm water and surface runoff from the project site, an Urban
Runoff Mitigation Plan may be required by the Department of
Environmental and Public Works Management (EPWM) pursuant to
Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine
applicable requirements, which include the following:
· Non-stormwater runoff, sediment and construction waste from the
construction site and parking areas is prohibited from leaving the
site;
· An sediments or materials which are tracked off-site must be
removed the same day they are tracked off-site;
· Excavated soil must be located on the site and soil piles should be
covered
and otherwise protected so that sediments do not go into the street
or adjoining properties;
. Washing of construction or other vehicles shall be allowed
adjacent to a construction site. No runoff from washing
vehicles on a construction site shall be allowed to leave the
site;
· Drainage controls may be required depending on the extent of
grading and topography of the site.
. New development is required to reduce projected runoff
pollution by at least twenty percent through incorporation of
design elements or principles, such as increasing permeable
surfaces, diverting or catching runoff via swales, berms, and
the like; orientation of drain gutters towards permeable areas;
modification of grades; use of retention structures and other
methods.
29. Pursuant to Mitigation Measure AQ-1(a):Use solar or low emission water
heaters to reduce natural gas consumption and emissions.
30. Pursusant to Mitigation Measure AQ-1 (b): Use energy-efficient and
automated controls for air conditioners to reduce energy consumption and
emissions.
23
31 Pursuant toMitigation Measure AQ-1 (c): Use light-colored roofing
materials as opposed to dark roofing materials. These materials would
reflect, rather than absorb, sunlight and minimize heat gains in buildings.
This measure would lessen the overall demand for mechanical air
conditioning systems.
32. Pursuant to Mitigation Measure AQ-1 (d): Install special sunlight filtering
window coatings or double-paned windows to reduce thermal gain in hot
weather and loss in the cold weather, thus reducing emissions associated
with heaters and air conditioners.
33. Pursuant to Mitigation Measure ER-1: The project applicant shall
prepare and submit to the City of Santa Monica, a Storm Water Pollution
Prevention Plan (SWPPP) to be administered throughout all phases of
grading and project construction. The SWPPP will incorporate Best
Management Practices (BMPs) to ensure that potential water quality
impacts during construction phases are minimized. Examples of BMPs
that may be implemented during site grading and construction could
include straw hay bales, straw bale inlet filters, filter barriers, and silt
fences.
34. Pursuant to Mitigation Measure ER-2: The parking structure design
shall consider a mechanism of removing groundwater, if present at the
site. Due to the fact, depth to groundwater varies seasonally; the
groundwater removal design shall consider historical ranges in depth to
groundwater. The removal system shall be designed to prevent the
parking structure from flooding.
35. Pursuant to Mitigation Measure ER-3: The project applicant shall
provide a focused geotechnical report that specifically analyzes the
geotechnical characteristics of the project site. This report is to be
prepared by a qualified and certified geologist. This report is shall be
prepared prior to any issuance of grading permits. Any potential soil or
geology problems encounter during the preparation of the geotechnical
report shall be identified, and appropriate techniques to minimize potential
problems prescribed and implemented. Suitable measures could include
but are not limited to specialized design of foundations by a structural
engineer; removal or treatment of soils to reduce potential problems; in-
situ densification; or other alternations to ground characteristics.
36. Pursuant to Mitigation Measure C-1 (a): In the event that archaeological
resources are unearthed during Project subsurface activities, all earth
disturbing work within 200-meter radius must be temporarily suspended or
redirected until an archaeologist has evaluated the nature and significance
of the find. After the find has been appropriately mitigated, work in the
24
area may resume. A Native American shall monitor any mitigation work
associated with prehistoric cultural find.
37 Pursuant to Mitigation Measure C-1 (b): If human remains are unearthed,
State Health and Safety Code Section 7050.5 requires that no further
disturbance shall occur until the County coroner has made the necessary
findings as to origin and disposition pursuant to Public Resources Code
Section 5097.98. If the remains are determined to be of Native American
descent, the coroner has 24 hours to notify the Native American Heritage
Commission (NAHC). The NAHC will then contact the most likely
descendant of the deceased Native American, who will then serve as
consultant on how to proceed with the remains (Le., avoid, rebury).
38, Pursuant to Mitigation Measure C-1 (c): In the event that paleontological
resources are unearthed during Project subsurface activities, all earth
disturbing work within 200-meter radius must be temporarily suspended or
redirected until a paleontologist has evaluated the nature and significance
of the find. After the find has been appropriately mitigated, work in the
area may resume.
39. Pursuant to Mitigation Measure C-3(a): The applicant shall prepare a
construction traffic control plan prior to issuance of grading permit. This
plan shall identify the traffic control measures to be used by the contractor
during construction activity.
40. Pursuant to Mitigation Measure C-1 (a): The project developer shall
prepare and implement a Construction Impact Mitigation Plan prior to
issuance of building permits. This plan shall be subject to review and
approval by the City and, at a minimum, shall include the following:
A public information program to advise motorists of
impending construction activities (example: media coverage,
portable message signs, and information signs at the
construction site);
Approval from the City Engineer and all other affected
agencies for any construction detours or construction work
requiring encroachment into public rights-of-way, or any
other street use activity (example: haul routes);
Timely notification of construction schedules to all affected
agencies (example: Police Department, Fire Department,
Department of Works, Department of Planning, and
community Development, and transit agencies);
Coordination of construction work with affected agencies five
to ten days prior to start of work;
A traffic control plan for the streets surrounding the work
area, which includes specific information regarding the
25
project's construction and activities that will disrupt normal
traffic flow;
Prohibition of dirt and demolition material hauling and
construction material delivery during the morning and
afternoon peak traffic periods and cleaning of streets and
equipment as necessary;
Scheduling and expediting of work to cause the least amount
of disruption and interference to the adjacent vehicular and
pedestrian traffic flow. It is recommended that all weekday
daytime work on City streets be performed between the
hours of 9:00 A.M. and 3:00 P.M.;
Limiting of queuing of trucks to on site and prohibition of
truck queuing on area roadways;
Scheduling of preconstruction meetings with affected
agencies to properly plan methods of controlling traffic
through work areas;
Storage of construction material and equipment within the
designated work area and limitation of equipment and
material visibility to the public;
Provision for providing off-street parking to construction
employees, including use of a remote location with shuttle
transport to the site, if determined necessary by the City of
Santa Monica. .
41. Pursuant to Mitigation Measure C-1 (b): The developer shall
implement all rules and regulations by the Governing Board of the
SCAOMD which are applicable to the development of the project
(such as Rule 402 - Nuisance, Rule 403 - Fuaitive Dust, Rule 1113
- Architectural Coatinas) and which are in effect at the time of
development. The following measures are currently recommended
to implement Rule 403 - Fuaitive Dust. These measures have
been quantified by the SCAOMD as being able to reduce dust
generation between 30 and 85 percent depending on the source of
the dust generation.
· Apply approved non-toxic chemical soil stabilizers according
to manufacturer's specification to all inactive construction
areas (previously graded areas inactive for four days or
more).
Replace ground cover in disturbed areas as quickly as
possible.
Enclose, cover, water twice daily, or apply approved soil
binders to exposed piles (i.e., gravel, sand, and dirt)
according to manufactures' specifications.
Water active grading sites at least twice daily.
Suspend all excavating and grading operations when wind
speeds (as instantaneous gusts) exceed 25 miles per hour.
26
Provide temporary wind fencing consisting of three- to five-
foot barriers and 50 percent or less porosity along the
perimeter of sites that have been cleared or are being
graded.
All trucks hauling dirt, sand, soil, or other loose materials are
to be covered or should maintain at least two feet of
freeboard (i.e., minimum vertical distance between top of the
load and the top of the trailer), in accordance with Section
23114 of the California Vehicle Code.
Sweep streets at the end of,the day if visible soil material is
carried over to adjacent roads (recommend water sweepers
using reclaimed water if readily available).
Install wheel washers where vehicles enter and exit unpaved
roads onto paved roads, or wash off trucks and any
equipment leaving the site each trip.
Apply water three times daily or chemical soil stabilizers
according to manufactures' specifications to all unpaved
parking or staging areas or unpaved road surfaces.
Enforce traffic speed limits of 15 miles per hour or less on all
unpaved roads.
Pursuant to Mitigation Measure C-2(a): Provide a staging and storage
area on the project site that is located at the greatest distance possible
from the adjacent mixed-use residential use. As per tre City's Noise
Ordinance, all construction equipment with a high noise generating
potential, such as pile drivers, jackhammers, pavement breakers or similar
equipment which produces noise levels greater than 90 dBA at a distance
of fifty feet will be limited to the hours of 10:00 A.M. and 3:00 P.M.
43. Pursuant to Mitigation Measure C-2(b): Develop a hauling and delivery
route that avoids, to the greatest extent possible, sensitive receptor
locations. Machinery, including motors, shall be turned off when not in use.
Pursuant to Mitigation Measure C-2(c): Provide temporary noise
attenuation walls around the project site during all construction activities.
45. Pursuant to Mitigation Measure C-2(d): During shoring activities, should
the pre-cast pile driving method be utilized, The applicant shall pre-drill the
locations where piles will be driven prior to driving the piles. Under this
approach, the soil is pre-drilled to a depth below the saturation zone (zone
of potential liquefaction). Pre-cast piles are then driven into the dense soil
strata to the minimum length specified by the project geotechnical
engineer. This approach reduces the duration and intensity of pile driving
activity to the minimum necessary to ensure adequate structural support.
27
46, Pursuant to Mitigation Measure C-2(e): The applicant shall provide
adjacent owners with a pile driving schedule 10-days in advance of
activities, and a 3-day notice of any re-tapping activities that may need to
occur. The applicant shall submit a copy of the scheduled and mailing list
to the appropriate City regulatory agency prior to the initiation of
construction activities. The City Building Official or a designee should spot
check and respond to complaints.
Miscellaneous Conditions
47. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
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.
49 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 significance of the
survey findings and appropriate actions and requirements, if any, to
address such findings.
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 Environmental and Public Works
Management.
51 Any new restaurant at the site with fewer than 50 seats capacity shall
install a grease interceptor with minimum 750 gallons static holding
capacity in order to pretreat sewered grease. Facilities with greater than
50 seats are required to install an interceptor with 1000 gallons minimum
holding capacity. The Environmental and Public Works Management
Department may modify the above requirements only for good cause.
Specifically, the facility must demonstrate to the satisfaction of the
Industrial Waste Section and Building and Safety Division that interceptor
installation is not feasible at the site in question. In such cases where
modifications are granted, grease traps will be required in the place of an
interceptor. Building permit plans shall show the required installation.
52. Automotive repair facilities and dealerships, parking areas and structures,
automotive paint shops, gas stations, equipment degreasing areas, and
other facilities generating wastewater with significant oil and grease
28
content are required to pretreat these wastes before discharging to the
City sewer or storm drain system. Pretreatment will require that a clarifier
or oil/water separator be installed and maintained on site. In cases where
settleable solids are present (or expected) in greater amounts than
floatable oil and grease, a clarifier unit will be required. In cases where
the opposite waste characteristics are present, an oil/water separator with
automatic oil draw-off will be required instead. The Environmental and
Public Works Management Department will set specific requirements.
Building permit plans shall show the required installation.
Mechanical equipment shall not be located on the side of any building
which is adjacent to a residential building on the adjoining lot. Roof
locations may be used when the mechanical equipment is installed within
a soundrated parapet enclosure.
54, Final approval of any mechanical equipment installation will require a
noise test in compliance with SMMC section 4.12.040. Equipment for the
test shall be provided by the owner or contractor and the test shall be
conducted by the owner or contractor. A copy of the noise test results on
mechanical equipment shall be submitted to the Community Noise officer
for review to ensure that noise levels do not exceed maximum allowable
levels for the applicable noise zone.
Final building plans submitted for approval of a building permit shall
include on the plans a list of all permanent mechanical equipment to be
placed outdoors and all permanent mechanical equipment to be placed
indoors which may be heard outdoors.
Prior to issuance of a Certificate of Occupancy Permit, the applicant shall
post a notice at the building entry stating that the site is regulated by a
Development Review Permit, Conditional Use Permit and Variance and
the Statement of Official Action, which includes the establishment's
conditions of approval, is available upon request. This notice shall remain
posted at all time the establishment is in operation.
Validity of Permits
In the event permittee violates or fails to comply with any conditions of
approval of this permit, no further permits, licenses, approvals or
certificates of occupancy shall be issued until such violation has been fully
remedied.
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
29
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, applicant shall not thereby waive any legal
rights applicant may possess regarding said conditions. The signed
Statement shall be returned to the City Planning Division. Failure to
comply with this condition shall constitute grounds for potential permit
revocation.
59, This determination shall not become effective until the effective date of the
ordinance amending SMMC Sections 9.04.08.18.040 and 9.04.08.18.050.
The approval of this permit shall expire if the rights granted are not
exercised within eighteen (18) months from the permit's effective date.
Exercise of rights shall mean issuance of a building permit to commence
construction. However, the permit shall also expire if the building permit
expires, if final inspection is not completed or a Certificate of Occupancy is
not issued within the time periods specified in SMMC Section 8.08.060, or
if the rights granted are not exercised within eighteen (18) months
following the earliest to occur of the following: issuance of a Certificate of
Occupancy or, if no certificate of Occupancy is required, the last required
final inspection for the new construction. One six month extension may be
permitted if approved by the Director of Planning. Applicant is on notice
that time extensions may not be granted if development standards or the
development process relevant to the project have changed since project
approval. Additionally, the rights associated with this approval shall
expire if the establishment ceases operation for a period of one year or
longer.
Applicant is advised that the proposed project is located within the
California Coastal Zone and requires approval of the California Coastal
Commission prior to issuance of any building permits by the City of Santa
Monica. Applicant is responsible for obtaining any such approval.
Monitoring of Conditions
Pursuant to the requirements of Public Resources Code Section 21081.6,
the City Planning Division will coordinate a monitoring and reporting
program regarding any required 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 Environmental and Public Works
Management Department, the Fire Department, the Police Department,
the Community and Economic Development Department and the Finance
Department are aware of project requirements which must be satisfied
30
prior to issuance of a Building Permit, Certificate of Occupancy, or other
permit, and that other responsible 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.
Project Mitigation Fee Condition
62 In accordance with Sections 9.04.10.12.010-9.04.10.12.040 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. Based upon the fee in effect as of
March 11, 2003 this fee will be $ 304,325.67, calculated on a net rentable
office floor area of 48,332 square feet.
Special Conditions
A parking management plan for the operation of the subterranean parking
garage, including the tandem parking spaces, shall be approved by the
Director of Planning and Community Development prior to issuance of a
Certificate of Occupancy. The parking management plan shall include a
signage system within the ground level parking area that directs patrons
entering with their vehicles to the subterranean parking garage if the
ground level parking area is fully occupied.
Prior to submittal of the project application for Architectural Review Board
consideration, the applicant shall modify the project to eliminate the
Colorado Avenue driveway and parking access. and provido all vehictllar
street ac.c.esg~~reet '";\,", _, ,
r----- - - - \ ~ d I(t.A...... J J;L.c.A..--
Prepared by: Suzanne Frick, Director, PCD
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
~~~
L-L.Lo~ ~
~c{ ?t
31
Attachments:
A. Public Notice
B. Proposed Parking Management Plan
C. Letter from applicant/appellant regarding public parking
D. Kaku traffic analysis dated April 17, 2003
E. Resolution certifying the Final Environmental Impact Report
F. Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Program.
G. Ordinance amending SMMC Sections 9.04.08.18.040, 9.04.08.18.050
and 9.04.14.090 .
H. Revised project plans - t-Jo-r NAH..p&-..e ~<-'TRt>r.Jl~Li-"".
1>leJ\Ee.- Co~cu::k Crt~ C1er~5 ~J~
46 V'te-v:r :p ~NS .
32
/f#i~ ~ll
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT:
Appeal 02APP-025 (98EIR005, 98DR012, 98VAR053, 98TA009 & 98CUP046)
1540 2nd Street
APPLICANT: Realty Bancorp Equities
APPELLANT: Realty Bancorp Equities
PROPERTY OWNER: McDonald's Corporation
A public hearing will be held by the City Council to consider the following request:
Appeal of the Planning Commission's denial of a project to allow the demolition of an existing McDonald's
fast-food restaurant and the development of a 74,940 square foot, three-story commercial building on the
northwest corner of Colorado Avenue and 2nd Street. The development proposes a new McDonald's fast-
food restaurant and retail uses on the first floor and office uses on the 2nd and 3rd floors. 300 parking
spaces are also proposed at grade and within 3 levels of subterranean parking.
The City Council will also be considering the certification of the Environmental Impact Report (EIR)
prepared for the project.
DATEITIME: TUESDAY, May 13, 2003, AT 6:45 p.rn.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to:
City Clerk
Re: 02APP025
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Paul
Foley, Senior Planner at (310) 458-8341, or bye-mail at paul-foley@santa-monica.org. The Zoning
Ordinance is available at the Planning Counter during business hours and on the City's web site at
www.santa-monica.ora.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310)
458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPANOL
Esto es una noticia de una audiencia publica para revisar applicaci6nes proponiendo desarrollo en Santa
Monica. Si deseas mas informaci6n, favor de lIamar a Carmen Gutierrez en la Divisi6n de Planificaci6n
al numero (310) 458-8341.
APPROVED AS TO FORM:
UL34
~~ ~!!'!c:!C!!!!af'arking@
/JfI~19-
707 Wilshire Boulevard
35th Floor
Los Angeles, California 90017-3501
(213)531-2700. Fax (213)236-0601
April 21, 2003
Mr. Norman 1. Kravetz
Realty Bancorp Equities
21800 Burbank Blvd., Suite 330
Woodland Hills, CA 91367
RE: Parking Operation for your project at 2nd St and Colorado, Santa Monica
Dear Norman
As requested the following is a report on how Standard Parking would propose to operate the above
referenced garage.
The surface lot for 30 cars will all be self park during the busy time (lunch time) we will monitor the lot
and put out or possibly install an electronic sign designating a "FULL" lot when needed. This sign will
direct overflow cars to the PI Level of the garage. Most of the PI Level will be designated for visitors to
the office building and the retail/restaurant. These spaces equal 106 spaces and will have signage to say
the spaces are for visitors to the building and the restaurants. The lower floors will be for monthly
parking and because of tandem parking will have and attendant as needed on all floors.
The normal oversell for any office building is 15 to 18%.
It is anticipated that after hours will be handled as follows.
o At about 5:00pm, each weekday, the garage manager will go to each of the floors and put a rubber
cone behind any spaces against the wall that is empty, so that no new car coming in parks in the
back space.
o This will apply on weekends as well or if the demand is there. If required a man will be stationed
on each floor so as to take as many cars as possible.
o Standard Parking manages many of the projects in Santa Monica similar to yours. The city officials
would be familiar with our company.
o We feel that based on ULI share parking study that a minimum of 115 spaces would be available to
the public after 6:00pm on the weekdays and 118 spaces on the weekends. This would also depend
on the work habits of the office tenants. This number could be as high as 190 spaces.
o We expect that the owner would be charging commercially reasonable rates that would compare
with similar class "A" office and retail buildings in the area.
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21800 Burbank Boulevard, Suite 330
Woodland Hills, CA 913,67
Phone (818) 251-9911
Fax (818) 251-9~ 2
May 6, 2003
City Planning Division
Attn: Mr. Paul Fowley
1685 Main Street, Room 212
Santa Monica, CA 91401-3295
RE: Parking Operations for 1540 Second Street
Dem- Mr. Fowley:
It is anticipated, according to the ULI report, that there will be a minimum of 115
spaces available to the public from 6:00 p.m. until 2:00 a.m. on weekdays and 118 spaces
available from 8:00 a.m. until 2:00 a.m. on Saturdays and 8:00 a.m. until6:00 p.m. on
Sundays. We expect the rates to be approximately twice the city's rate with no free
parking. All times of operation and pricing will be subject to change depending on the
actual demand of the public spaces.
Our project is adding extra availability of public parking spaces to the Central
business district and the Pier. We intend to be flexible based on demand.
Thank you,
~~
Norman J. Kr
Applicant
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Transportation Planning
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Parking Studies
MEMORANDUM
TO: Paul Foley, City of Santa Monica
cc:. Lucy Dyke, City of Santa Monica
Ken Koch, Impact Sciences
FROM: Tom Gaul ~lf'
SUBJECT: 1540 Second Street Mixed-Use Project - Traffic Impacts of
Revised Project With Corrected Existing McDonald's Floor Area
DATE:
April 17, 2003
REF: 1215
The purpose of this memorandum is to evaluate the potential for significant intersection traffic
impacts for the revised 1540 Second Street project with the size of the existing McDonald's
restaurant on the project site corrected to reflect more recent information that has become
available.
REVISED TRIP GENERATION ESTIMATES
Based on project description information originally provided for use in the environmental impact
report (EIR) and traffic study for the project, the floor area of the existing McDonald's restaurant
on the project site was presumed to be 2,900 square feet. Subsequent to release of the Final
EIR for the project, the project applicant provided new information indicating that the true size of
the existing McDonald's is 4,977 square feet, including 2,904 square feet on the ground floor,
1,440 square feet in a lower basement level, and 633square feet of patio dining area.
Table 1 provides trip generation estimates as prepared in November 2002 for the revised
project. 1 These estimates assumed that the McDonald's restaurant would be increasing in size
from 2,900 square feet existing to 4,864 square feet with the project, and thus incorporated an
increase in trips generated by the restaurant as well as new trips generated by the retail and
office components of the proposed project.
At 4,977 square feet, the corrected floor area for the existing McDonald's restaurant is roughly
equivalent to (slightly larger than) the proposed future floor area. As such, trip generation for
the restaurant component of the project would not be expected to increase over existing levels.
Table 2 presents trip generation estimates for the project assuming no increase in restaurant-
generated trips. As can be seen, net trip increases of approximately 950 daily trips, 99 AM peak
1 Kaku Associates, Inc., Memorandum to Laura Beck, 1540 Second Street Mixed-Use Project, Traffic Impacts of
Revised Project, November 7,2002.
1453 Third Street, Suite 400
Santa Monica, CA 90401
(310) 458-9916 Fax (3tO) 394-7663
n
Paul Foley
April 17, 2003
Page 2
hour trips, and 137 PM peak hour trips are projected, generated by the proposed retail and
office components of the project. These estimates are approximately 41% (daily), 34% (AM
peak hour), and 30% (PM peak hour) lower than those shown in Table 1.
REVISED TRAFFIC IMPACT ANALYSIS
The analysis conducted in November 2002 for the revised project description concluded that the
revised project (without the drive-through window and with more retail and office floor area than
analyzed in the Draft EIR) would have significant traffic impacts at the following six
intersections:
· Pacific Coast Highway & California Incline
· Ocean Avenue & California Avenue
2nd Street & Colorado Avenue
4th Street & Wilshire Boulevard
. 4th Street & Colorado Avenue
4th Street & Olympic Drive/I-10 eastbound on-ramp
Potential traffic impacts at these six study intersections were reanalyzed to assess the potential
for significant project impacts with the reduced incremental project trip generation shown in
Table 2. The reduced project trips were assigned to the street system and projected future with
project intersection levels of service were recalculated using the Highway Capacity Manual
operational methodology as implemented in the City of Santa Monica's Traffix model. Table 3
presents the results of this analysis for the six intersections previously identified as having
significant impacts.
As can be seen in Table 3, with the reduced incremental project trips, the project is not
expected to have a significant impact at the Ocean Avenue/California Avenue intersection.
Since the Ocean Avenue/California Avenue intersection would not be significantly impacted, the
mitigation measure suggested in the Draft EIR traffic study for this location would no longer be
applicable to the revised project.
With the reduced incremental project trips, however, the project would still be expected to have
significant impacts at the following five intersections:
.
Pacific Coast Highway & California Incline
2nd Street & Colorado Avenue
4th Street & Wilshire Boulevard
4th Street & Colorado Avenue
4th Street & Olympic Drive/l-1 0 eastbound on-ramp
.
.
The Draft EIR identified a mitigation measure at the Pacific Coast Highway/California Incline
intersection. Although this mitigation measure (converting the westbound shared left-
turn/through lane to a shared left-turn/through/right-turn lane) would mitigate the project impact
(;l,4i
Paul Foley
April 17, 2003
Page 3
at this location to a level of insignificance, the intersection is owned by Caltrans.
Implementation of the mitigation measure is dependent on factors outside of the control of both
the City of Santa Monica and the project applicant and the impact is therefore considered to
remain significant and unavoidable.
No feasible mitigation measures were identified for the latter four locations (2nd Street/Colorado
Avenue, 4th StreetlWilshire Boulevard, 4th Street/Colorado Avenue, and 4th Street/Olympic
Drive/I-10 eastbound on-ramp). Therefore, the project impacts at these intersections would be
considered significant and unavoidable.
Please contact me if you have any questions or comments regarding the above.
lJ.... J ,)
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TABLE 1
WEEKDAY TRIP GENERATION ESTIMATES FOR REVISED PROJECT
(NO DRIVE THROUGH, INCREASED FLOOR AREA)
USING ORIGINAL EXISTING FLOOR AREA
AM Peak Hour PM Peak Hour
Proposed Uses Daily In Out Total In Out Total
-- --
4,864 sf McDonalds 3,327 118 145 263 145 150 295
Less 25% to drive-through 0 0 0 0 0 0 0
New Drive-Through Window 0 o 0 0 0 0 0
-- --
3,327 11 8 145 263 145 150 295
7,727 sf Retail 314 4 2 6 9 11 20
48,332 sf Office 759 92 12 104 23 110 133
-- --
-- --
Subtotal ~ . 159 373 177 271 448
Site Trip Adjustments
15% Retail Walk-In (47) (1) 0 (1 ) (1 ) (2) (3)
10% Office Transit (76) (9) (1) (10) (2) (11) (13)
Subtotal Adjustments (123) (10) (1) (11 ) (3) (13) (16)
Net Site Driveway Trips 4,277 204 158 362 174 258 432
Less Existing Use
2,900 sf McDonalds (1,982) (71 ) (86) (157) (87) (89) ( 176)
Less Pass-By Trips
50% (net) McOonalds (673) (24) (30) (54) (29) (31) (60)
Net New Off-Site Project Trips 1,622 109 42 151 58 138 196
'-(3
TABLE 2
WEEKDAY TRIP GENERATION ESTIMATES FOR REVISED PROJECT
(NO DRIVE THROUGH, INCREASED FLOOR AREA)
USING CORRECTED EXISTING FLOOR AREA
Proposed Uses
4,864 sf McDonalds
Less 25% to drive-through
New Drive-Through Window
7,727 sf Retail
48,332 sf Office
Subtotal
Site Trip Adjustments
15% Retail Walk-In
10% Office Transit
Subtotal Adjustments
Net Site Driveway Trips
Less Existing Use
2,900 sf McDonalds
Net New Off-Site Project Trips
AM Peak Hour PM Peak Hour
Daily In Out Total In Out Total
-- --
1,982 71 86 157 87 89 176
0 0 0 0 0 0 0
0 0 0 0 0 0 0
-- --
(47)
(76)
(123)
2,932
---- --
---- --
(1) 0
(9) (1 )
(10) (1)
157 99
(1 )
(10)
(11 )
256
(1) (2)
(2) (11)
(3) (13)
116 197
(1,982) (71) (86) (157) (87) (89)
(3)
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(16)
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RESOLUTION NO. 9848
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
ON THE 1540 2nd STREET PROJECT
WHEREAS, Notices of Preparation of an Environmental Impact Report prepared in
conjunction with the 1540 2nd Street Project were issued on September 16, 1999 and
December8,2000;and
WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was
published on August 26,2002 in compliance with the California Environmental Quality Act
and the City of Santa Monica CEQA Guidelines; and
WHEREAS, the Draft Environmental Impact Report was circulated for a 45-day
period which ended on October 9,2002; and
WHEREAS, on November 27, 2002 the Final Environmental Impact Report was
published; and
WHEREAS, on December 11, 2002 the Planning Commission of the City of Santa
Monica certified the Environmental Impact Report; and
WHEREAS, on December 12, 2002 the decision of the Planning Commission for
denial of the 1540 2nd Street Project was appealed to the City Council, requiring re-
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certification of the Environmental Impact Report; and
WHEREAS, on April 8, 2003 and May 13, 2003 the City Council, as Lead City
Agency, reviewed the Final Environmental Impact Report,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. The City Council has reviewed and considered the information
contained in the Final Environmental Impact Report on the 1540 2nd Street Project priorto
acting on the project.
SECTION 2. The City Council certifies that the Final EIR for the project was
presented to the City Council, that the Final EIR for the project was completed in full
compliance with State law and City CEQA Guidelines, that there was adequate public
review of the Draft Environmental Impact Report, that it has considered all comments on
the Draft Environmental Impact Report and responses to comments, that the Final
Environmental Impact Report adequately discusses all significant environmental issues,
that the Final Environmental Impact Report reflects the independent judgement and
analysis of the City, and that the City Council has reviewed and considered the information
contained in the Final Environmental Impact Report in its decision-making process priorto
acting on the project.
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SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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MA HA J. M~TRIE
City Attorney
F:\PPD\SHARE\reso\mcdcceirreso.doc
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Adopted and approved this 13th day of May, 2003,
~WJ--
Richard Bloom, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9848 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 13th day of May, 2003, by
the following vote:
Ayes:
Council members: O'Connor, Holbrook, Katz, Genser, Pro Tem
McKeown, Feinstein, Mayor Bloom
Noes:
Council members: None
Abstain. Council members: None
Absent: Council members: None
ATTEST:
-....
RESOLUTION NO. 9849
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING FINDINGS NECESSARY TO APPROVE A DEVELOPMENT PROJECT AT
1540 2ND STREET, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS
,
AND ADOPT A MITIGATION MONITORING PROGRAM
WHEREAS, an Environmental Impact Report has been prepared which analyzes the
environmental effects of the proposed development project at 1540 2nd Street; and
WHEREAS, the City Council, as Lead City Agency, reviewed the Final
Environmental Impact Report in full compliance with State and City CEOA Guidelines; and
WHEREAS, on May 13, 2003, the City Council certified that the Final Environmental
Impact Report was prepared in full compliance with State and City CEOA Guidelines,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Consistent with Article VI, Section 12 of the City of Santa Monica
CEOA Guidelines and Section 15128 of the State CEOA Guidelines, the Initial
Study/Notice of Preparation determined that the following environmental impacts were not
considered potentially significant and were not addressed further in the Final EIR: plant life,
human health, animal life, fiscal, risk of upset, recreation, and public services.
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SECTION 2, Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091 and 15092 of the State CEQA Guidelines, and as
detailed in the Final EIR at Sections IV.A, IV.B, IV.C, IV.F, arid IV.H, the City Council finds
that there are no significant impacts for land use, aestheticsllight and glare/shade and
shadow, population/employment, noise and utilities.
SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA
Guidelines, the City Council finds that most additional impacts resulting from the project
can be reduced to levels that are less than significant. More specifically, potentially
significant environmental effects, as identified in this Section below, can feasibly be
eliminated or substantially reduced to below a level of significance
(a) The Final EIR determined that without mitigation the project's operation
would result in potentially significant impacts on air quality. Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092
of the State CEQA Guidelines, and as detailed in the Final EIR at Section IV.E, the City
Council finds that the following mitigation measures have been required of the project
which will mitigate or reduce some impacts of the project on traffic to below a level of
significance
1 )
Mitigation Measure AQ-1 (a)
Use solar or low emission
water heaters to reduce natural gas consumption and
emissions
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Mitigation Measure ER-1: The project applicant shall prepare
and submit to the City of Santa Monica, a Storm Water
Pollution Prevention Plan (SWPPP) to be administered
throughout all phases of grading and project construction. The
SWPPP will incorporate Best Management Practices (BMPs)
to ensure that potential water quality impacts during
construction phases are minimized. Examples of BMPs that
may be implemented during site grading and construction
could include straw hay bales, straw bale inlet filters, filter
barriers, and silt fences.
Mitigation Measure ER-2: The parking structure design shall
consider a mechanism of removing groundwater, if present at
the site. Due to the fact, depth to groundwater varies
seasonally; the groundwater removal design shall consider
historical ranges in depth to groundwater. The removal system
shall be designed to prevent the parking structure from
flooding.
(3) Mitigation Measure ER-3: The project applicant shall provide
a focused geotechnical report that specifically analyzes the
geotechnical characteristics of the project site. This report is to
4
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be prepared by a qualified and certified geologist. This report
is shall be prepared prior to any issuance of grading permits
Any potential soil or geology problems encounter during the
preparation of the geotechnical report shall be identified, and
appropriate techniques to minimize potential problems
prescribed and implemented. Suitable measures could include
but are not limited to specialized design of foundations by a
structural engineer; removal or treatment of soils to reduce
potential problems; in-situ densification; or other alternations to
ground characteristics
(c) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on cultural resources. Consistent with Article VI, Section 12 of
the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State
CEQA Guidelines, and as detailed in the Final EIR at Section IV.I, the City Council finds
that the following mitigation measures have been required of the project which will mitigate
or reduce the impact of the project on cultural resources to below levels of significance:
(1) Mitigation Measure C-1 (a): In the event that archaeological
resources are unearthed during Project subsurface activities,
all earth disturbing work within a 200-meter radius must be
temporarily suspended or redirected until an archaeologist has
evaluated the nature and significance of the find. After the find
5
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has been appropriately mitigated, work in the area may
resume. A Native American shall monitor any mitigation work
associated with prehistoric cultural find
(2) Mitigation Measure C-1 (b): If human remains are unearthed,
State Health and Safety Code Section 7050.5 requires that no
further disturbance shall occur until the County coroner has
made the necessary findings as to origin and disposition
pursuant to Public Resources Code Section 5097.98, If the
remains are determined to be of Native American descent, the
coroner has 24 hours to notify the Native American Heritage
Commission (NAHC), The NAHC will then contact the most
likely descendant of the deceased Native American, who will
then serve as consultant on how to proceed with the remains
(Le., avoid, rebury).
(3) Mitigation Measure C-1 (c): In the event that paleontological
resources are unearthed during Project subsurface activities,
all earth disturbing work within 200-meter radius must be
temporarily suspended or redirected until a paleontologist has
evaluated the nature and significance of the find. After the find
has been appropriately mitigated, work in the area may
resume,
6
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(d) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on construction-related traffic. Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092
of the State CEQA Guidelines, and as detailed in the Final EIR in Section IV. K, the City
Council finds that the following mitigation measures have been required of the project
which will mitigate the impact of the construction-related traffic to below a level of
significance
(1) Mitigation Measure C-3(a): The applicant shall prepare a
construction traffic control plan prior to issuance of grading
permit. This plan shall identify the traffic control measures to
be used by the contractor during construction activity.
SECTION 4, Consistent with Article VI, Section 12 of the City of Santa Monica
CEQA Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA
Guidelines, the City Council finds that significant adverse environmental effects in the
areas of project-related traffic and construction-related noise and air quality cannot feasibly
be avoided or mitigated to below a level of significance. Nevertheless, these impacts are
found to be acceptable due to overriding considerations as discussed in Section 6 below.
(a) The Final EIR determined that without mitigation, the project could result in
significant effects on project-related traffic. Consistent with Article VI, Section 12 of the
7
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City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of
California CEQA Guidelines, and as detailed in the Final EIR at Section IV.D, the City
Council finds that the following mitigation measure would avoid or substantially lessen the
potential significant environmental effects with respect to traffic:
(1 )
Mitigation Measure TC-1 (a):
Pacific Coast Hiqhwav and
California Avenue - Convert the existing westbound shared left-
turn/through lane to a shared leftlthrough/right-turn lane. This
improvement will require the modification of the existing traffic signal
equipment at the intersection.
However, consistent with Article VI, Section 12 of the City of Santa Monica CEQA
Guidelines and Sections 15091, 15092 and 15093 of the State of California CEQA
Guidelines, and as detailed in Final EIR Section IV.D, the City Council finds that the
significant environmental effects related to traffic cannot be feasibly avoided or mitigated to
below a level of significance because the intersection is owned by the State of California
Department of Transportation and the implementation of the mitigation measure is outside
the control of the City of Santa Monica and project applicant. Therefore, the impact
remains significant and unavoidable. In addition, as detailed in the Final EIR, Section IV.D.
the City Council finds that, in light of the City's policy to avoid widening streets, which
results in other adverse impacts including eliminating sidewalks or reducing sidewalk
widths, and removing on-street parking spaces in areas where public parking is in high
demand, no feasible mitigation measures have been identified at Fourth Street/Wilshire
8
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Boulevard, Second Street/Colorado Avenue, Fourth Street/Olympic Drive/I-1 0 eastbound
on-ramp, and Fourth Street/Colorado Avenue. Therefore, the impacts at these
intersections are considered to be significant and unavoidable.
(b) The Final EIR determined that without mitigation, the construction of the project
could have potentially significant effects in the area of air quality due to demolition,
excavation, grading and construction vehicles. Consistent with Article VI, Section 12 of the
City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State CEQA
Guidelines, and as detailed in the Final EIR at Section IV.F, the City Council finds that the
following mitigation measures have been required of the project, which will reduce
construction-related air quality impacts but not mitigate to levels that would be considered
less than significant:
1 Mitigation Measure C-1 (a): The project developer shall prepare
and implement a Construction Impact Mitigation Plan prior to
issuance of building permits. This plan shall be subject to
review and approval by the City and, at a minimum, shall
include the following:
A public information program to advise motorists of
impending construction activities (example: media
coverage, portable message signs, and information
signs at the construction site);
Approval from the City Engineer and all other affected
agencies for any construction detours or construction
work requiring encroachment into public rights-of-way,
or any other street use activity (example: haul routes);
Timely notification of construction schedules to all
affected agencies (example: Police Department, Fire
9
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Department, Department of Works, Department of
Planning and Community Development, and transit
agencies );
Coordination of construction work with affected
agencies five to ten days prior to start of work;
A traffic control plan for the streets surrounding the
work area, which includes specific information regarding
the project's construction and activities that will disrupt
normal traffic flow;
Prohibition of dirt and demolition material hauling and
construction material delivery during the morning and
afternoon peak traffic periods and cleaning of streets
and equipment as necessary;
Scheduling and expediting of work to cause the least
amount of disruption and interference to the adjacent
vehicular and pedestrian traffic flow. It is recommended
that all weekday daytime work on City streets be
performed between the hours of 9:00 A.M. and 3:00
P.M.;
Limiting of queuing of trucks to on site and prohibition of
truck queuing on area roadways;
Scheduling of preconstruction meetings with affected
agencies to properly plan methods of controlling traffic
through work areas;
Storage of construction material and equipment within
the designated work area and limitation of equipment
and material visibility to the public;
Provision for providing off-street parking to construction
employees, including use of a remote location with
shuttle transport to the site, if determined necessary by
the City of Santa Monica. .
(2) Mitigation Measure C-1 (b): The developer shall implement all
rules and regulations by the Governing Board of the SCAQMD
which are applicable to the development of the project (such
as Rule 402 - Nuisance, Rule 403 Fuqitive Dust, Rule 1113
- Architectural Coatin.Qs) and which are in effect at the time of
development.
The following measures are currently
10
\,)
recommended to implement Rule 403 - Fuqitive Dust. These
measures have been quantified by the SCAQMD as being able
to reduce dust generation between 30 and 85 percent
depending on the source of the dust generation.
Apply approved non-toxic chemical soil stabilizers
according to manufacturer's specification to all inactive
construction areas (previously graded areas inactive for
four days or more).
Replace ground cover in disturbed areas as quickly as
possible.
Enclose, cover, water twice daily, or apply approved soil
binders to exposed piles (Le., gravel, sand, and dirt)
according to manufactures' specifications.
Water active grading sites at least twice daily.
Suspend all excavating and grading operations when
wind speeds (as instantaneous gusts) exceed 25 miles
per hour.
Provide temporary wind fencing consisting of three- to
five-foot barriers and 50 percent or less porosity along
the perimeter of sites that have been cleared or are
being graded.
All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or should maintain at least
two feet of freeboard (Le., minimum vertical distance
between top of the load and the top of the trailer), in
accordance with Section 23114 ofthe California Vehicle
Code.
Sweep streets at the end of the day if visible soil
material is carried over to adjacent roads (recommend
water sweepers using reclaimed water if readily
available ).
Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks
and any equipment leaving the site each trip.
Apply water three times daily or chemical soil stabilizers
according to manufactures' specifications to all unpaved
parking or staging areas or unpaved road surfaces.
Enforce traffic speed limits of 15 miles per hour or less
on all unpaved roads.
11
U \,.: 5
However, air quality impacts related to construction-related activities will remain due
to dust generated by the operation of heavy construction vehicles and the extensive
amount of excavation required. Although dust control measures will help minimize the
overall air quality impacts related to dust, there are no feasible mitigation measures to
reduce emissions during demolition, grading and construction to below recommended
thresholds; therefore, significant and unavoidable construction-related air quality impacts
remain,
(c) The Final EIR determined that without mitigation, the construction of the project
could have potentially significant effects in the area of noise created by construction
vehicles and construction activities, including pile driving. Consistent with Article VI,
Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092
of the State CEQA Guidelines, and as detailed in the Final EIR at Section IV.F, the City
Council finds that the following mitigation measures have been required of the project
which will reduce the construction-related noise effects:
(1 Mitigation Measure C-2(a): Provide a staging and storage area
on the project site that is located at the greatest distance
possible from the adjacent mixed-use residential use. As per
the City's Noise Ordinance, all construction equipment with a
high noise generating potential, such as pile drivers,
jackhammers, pavement breakers or similar equipment which
produces noise levels greater than 90 dBA at a distance offifty
12
j \.; ~:
v
feet will be limited to the hours of 10:00 A.M. and 3:00 P.M
Mitigation Measure C-2(b): Develop a hauling and delivery
route that avoids, to the greatest extent possible, sensitive
receptor locations. Machinery, including motors, shall be turned
off when not in use.
Mitigation Measure C-2(c): Provide temporary noise
attenuation walls around the project site during all construction
activities.
(4) Mitigation Measure C-2(d): During shoring activities, should the
pre-cast pile driving method be utilized, The applicant shall
pre-drill the locations where piles will be driven prior to driving
the piles. Under this approach, the soil is pre-drilled to a depth
below the saturation zone (zone of potential liquefaction). Pre-
cast piles are then driven into the dense soil strata to the
minimum length specified by the project geotechnical engineer.
This approach reduces the duration and intensity of pile
driving activity to the minimum necessary to ensure adequate
structural support.
13
L[
(5) Mitigation Measure C-2(e): The applicant shall provide adjacent
owners with a pile driving schedule 10-days in advance of
activities, and a 3-day notice of any re-tapping activities that
may need to occur. The applicant shall submit a copy of the
scheduled and mailing list to the appropriate City regulatory
agency prior to the initiation of construction activities. The City
Building Official or a designee should spot check and respond
to complaints.
Although construction-related noise impacts would cause temporary adverse change
in the noise environment of nearby residences and potentially sensitive businesses, the
mitigation measures listed above would reduce noise levels. However, there are no
feasible mitigation measures to fully mitigate the construction-related noise impacts on the
local businesses and population to below levels of significance so the impacts remain
significant and unavoidable:
(d) The Final EIR determined that without mitigation, the project could have a
potentially significant effect on neighborhoods. These neighborhood effects were also
identified and detailed in the transportation/traffic and construction effects sections of the
Final EIR and the same mitigation measures were proposed in these sections as in the
neighborhood effects analysis.
SECTION 5. The CEQA-mandated environmentally superior alternative was found
to be the No Project Alternative. Any significant and adverse environmental impacts
14
~ ,i I.. i
directly or cumulatively associated with the proposed project would be avoided. However,
the No Project Alternative is not feasible, It would not satisfy the basic project objectives
since it would not provide a viable restaurant, retail and commercial center at the site.
However, when the No Project Alternative is identified as the environmentally superior
alternative, CEQA requires that another alternative that substantially reduces or eliminates
potential impacts be identified. In terms of physical effects on the environment, the
environmentally superior alternative (other than the No Project) is the Alternative Mixed
Use Project which calls for the replacement of the ground floor fast-food restaurant use
with retail/commercial and office uses. This project alternative results in fewer impacts with
respect to air quality, traffic/circulation and neighborhood effects, but would still result in
environmental impacts that could not be reduced to below levels of significance. However,
this project alternative would not meet the project's goal of providing a replacement facility
for the existing McDonald's fast-food restaurant.
SECTION 6, As fully described in Section 4 above, the Final EIR found that the
proposed project would result in significant and unavoidable adverse impacts in the areas
of traffic and construction-related air quality and noise. These unmitigable impacts were
also identified in the neighborhood effects section of the Final EIR. Consistent with Section
15093 of the State CEQA Guidelines, the City Council hereby makes a Statement of
Overriding Considerations and finds that the benefits of the project and other
considerations outweigh its unavoidable environmental impacts based on the following
reasons, Each benefit and consideration set forth below constitutes an overriding
consideration warranting approval of the project, independent of the other benefits, despite
each and every unavoidable impact.
(a) The project will provide the community with additional off-street
parking spaces during weekday evenings and weekends in an area of
the City that is heavily visited by the public and where parking is at a
premium for area visitors. It is anticipated that a minimum of 115
parking spaces will be available to the public during the weekday
evenings after 6:00 p.m. and 118 spaces on weekends. These spaces
will help alleviate a shortage of downtown parking spaces, particularly
in the area of Santa Monica Pier.
(b) The proposed project will provide an updated and improved fast-food
restaurant on the ground floor that provides an affordable dining
alternative to visitors to the downtown, including low and moderate
individuals and families.
(c) The first floor design of the new proposed project will be setback to
enhance the heavily traveled pedestrian environment along Colorado
Avenue which links to the Santa Monica Pier, the beach and
Palisades Park by providing an additional two and one half feet of
sidewalk width.
(d) The proposed project will improve the pedestrian environment along
Colorado Avenue, one of the City's key pedestrian corridors and a
primary pedestrian access to the landmark Santa Monica Pier - a
major tourist attraction. The existing double driveway that currently
16
',- t.:: t
L- '.
provides ingress and egress to vehicles will be removed, eliminating
conflicts between vehicles and pedestrians.
(e) The proposed project will provide a source of tax revenues to the City
and jobs to residents of the area during a time of falling tax revenues
and increased unemployment.
SECTION 7. Consistent with Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring Plan, which is included as Attachment A, to
mitigate or avoid the significant effects of the Project on the environment and to ensure
compliance during project implementation.
SECTION 8. Consistent with Section 21 081.6(d) of the California Environmental
Quality Act, the documents, which constitute the record of the proceedings for approving
this project, are located in the Planning and Community Development Department, 1685
Main Street, Room 212, Santa Monica, California. The custodian of these plans is Paul
Foley, Senior Planner in the City Planning Division of the Planning and Community
Development Department.
17
I; \.. ~~
. \wo'
SECTION 9. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
Attachment A: Mitigation Monitoring Program
18
j l: € d
ATTACHMENT A
MITIGATION MONITORING PROGRAM
) u 6 9
VII. MITIGATION MONITORING PROGRAM
PURPOSE
The Mitigation Monitoring Program (MMP) has been prepared in conformance with Section 21081.6 of the
California Environmental Quality Act. It is the intent of this program to (1) verify satisfaction of the required
mitigation measures of the EIR; (2) provide a methodology to document implementation of the required mitigation;
(3) provide a record of the monitoring program; (4) identify monitoring responsibility; (5) establish administrative
procedures for the clearance of mitigation measures; (6) establish the frequency and duration of monitoring; and (7)
utilize existing review processes wherever feasible.
INTRODUCTION
The Mitigation Monitoring Program describes the procedures the applicant will use to implement he
mitigation measures adopted in connection with approval of the project and the methods of monitoring
on such action. A Monitoring Program is necessary only for impacts that would be significant if not
mitigated. The following consists of a monitoring program table noting the responsible agency for
mitigation monitoring, the schedule, and a list of all project-related mitigation measures.
VII-l
154D Second Street Project Final EIR
November 2002
70
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Adopted and approved this 13th day of May, 2003.
--l~~
Richard Bloom, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9849 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 13th day of May, 2003, by
the following vote:
Ayes Council members: O'Connor, Holbrook, Katz, Genser, Pro Tem
McKeown, Mayor Bloom
Noes:
Council members: Feinstein
Abstain. Council members: None
Absent: Council members: None
ATTEST:
~
~.:;~~~b;t
f:\plan/sha ref cou ncil/o rd/ c3fastfood . d oc
City Council Meeting 5-13-03
Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.18.040 AND
9.04.08.18.050 TO ALLOW THE REPLACEMETN OF EXISTING FAST-FOOD
RESTAURANTS IN THE C3 DOWNTOWN COMMERCIAL DISTRICT IN EXISTENCE
AS OF MAY 13,2003 WITH APPROVAL OF A CONDITIONAL USE PERMIT AND
AMENDING SECTION 9.04.'14.090 TO PERMIT FAST FOOD RESTAURANTS TO
OPEN AT 5:00 A.M.DAILY AND REMAIN OPEN UNTIL 1:00 A.M. MONDAY
THROUGH FRIDAY AND UNTIL 3:00 A.M. SATURDAY AI\JD SUNDAY IF ALL FAST
FOOD OPERATIONS INCLUDING PARKING ARE CONTAINED WITHIN A
BUILDING
WHEREAS, fast-food restaurants provide convenient and inexpensive food to
residents and visitors of the City; and
WHEREAS, fast-food restaurants often provide a child-friendly environment
and are the restaurant of choice for many low and moderate income families who live
and work within the City; and
WHEREAS, the BSC Bayside Commercial District, C3-C Downtown Overlay
District and C3 Downtown Commercial District comprise the heart of the downtown
area of the City with the highest concentration of visitor and resident activity; and
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WHEREAS, fast-food restaurants are conditionally permitted in the BSC
Bayside Commercial District within fast-food courts but are prohibited in the C3-C
Downtown Overlay District and C3 Downtown Commercial District; and
WHEREAS, the Santa Monica Municipal Code established special conditions
for conditional use permits for fast-food restaurants that arB located across an alley or
adjacent to residentially-zoned properties, including limitEld operating hours of 7:00
a.m. to 10:00 p.m. daily, which are meant to mitigate or attenuate the adverse traffic,
light, litter and noise impacts of these establishments on nearby residential uses; and
WHEREAS, on December 11, 2002 the Planning Commission conducted a
public hearing and denied the request for a Zoning Ordinance text amendment to
allow fast-food restaurants by conditional use permit in the C3 Downtown Commercial
District and to extend the hours of operation of fast-food restaurants that are located
adjacent to or across an alley from residentially-zoned properties to operate from 5:00
a.m. to 1 :00 a.m. Sunday through Thursday and 5:00 a.m. to 3:00 a.m. Friday and
Saturday; and
WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Amendments on April 8, 2003 and May 13,2003; and
2
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WHEREAS, the City Council finds that fast-food restaurants, whose entire
operations including parking are located entirely within buildings, do not have these
same types of impacts on nearby residences; and
WHEREAS, the proposed amendments to allow fast-food restaurants in the C3
Downtown Commercial District are consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan, specifically,
Land Use Element Objective 1.1 which calls for a balance of land uses that are
consistent with (in part) "Retaining and protecting the City's multi-ethnic and multi-
income character" as fast-food restaurants provide a convenience for residents,
visitors and employees of the area and a low cost dining option for low and moderate
income patrons and families; and
WHEREAS, the proposed amendments are consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
Plan, specifically, Land Use Element Policy # 1.3.1 which states that City policy
should: "Encourage the concentration of land uses and activities which create activity
in both daytime and evening hours", The proposed text amendment to allow fast-food
restaurants in the C3 Downtown Commercial District and allow the fast-food
restaurants to open at 5:00 a.m daily and close at 1 :00 a.m. Sunday through
Thursday and 3:00 a.m. Friday and Saturday nights would extend activities in the
downtown area during the daytime and evening hours; and
3
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WHEREAS, the City Council finds and declares that the public health, safety,
and general welfare require the adoption of the proposed amendments, in that fast-
food restaurants are often the restaurant of choice of low and moderate income
working families with children who enjoy the child friendly atmosphere of many fast-
food establishments and the convenience and affordability offered by fast-food
restaurants should extend to those persons who rise early for work and work late into
the night who are not served by fast-food restaurants that cannot open until 7:00 a.m.
and must close by 10:00 p.m.,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION. 1. Santa Monica Municipal Code Section 9.04.08.18.040 is hereby
amended to read as follows:
Section 9.04.08.18.040 Ccmditionally permitted uses..
The following uses may be permitted in the C3 District subject to the approval of a
Conditional Use Permit:
(a) Automobile parking structures,
(b) Bed and breakfast facilities.
(c) Billiard parlors,
(d) Bowling alleys.
(e) Cinemas.
4
r.LS3
(f) Clubs and lodges.
(g) Convention and conference facilities.
(h) Expansion or intensification of automobile repair facilities existing as of July 11,
1995.
(i) Funeral parlors and mortuaries.
U) Homeless shelters with fifty-five beds or more.
(k) Liquor stores.
(I) Nightclubs.
(m) Open-air farmers markets.
(n) Replacement of fast-food restaurants in existence as of Mav 13. 2003
(RQ)Service stations.
(eQ)Skating rinks.
(pg)Take-out restaurants,
(€If) Rooftop parking.
SECTION. 2. Santa Monica Municipal Code Section 9.04.08.18.050 is hereby
amended to read as follows:
9.04.08.18.050 Prohibited us,es.
Drive-in, drive-through and new fast-food restaurants.
Firearms dealerships.
Any use not specifically authorized
5
C,L94
SECTION. 3. Santa Monica Municipal Code Section 9.04.14.090 is hereby
amended to read as follows:
9.04.14.090 Drive-in, drive-through, fast-food and take-clut rE~staurants.
The purpose of this Section is to effectuate the goals, objectives, and policies of the
General Plan by. ensuring that drive-in, drive-through., fast-food, and take-out
restaurants do not result in adverse impacts on adjacent properties and residents or
on surrounding neighborhoods by reason of customer and Bmployee parking demand,
traffic generation, noise, light, litter, or cumulative impact of such demands in one
area. The following special conditions shall apply to drive-in, drive-through, fast-food,
and take-out restaurants:
(a) Applicability. Drive-in, drive-through, fast-food, or take-out restaurants may be
permitted only with approval of a conditional use permit. These restaurants shall
comply with the property development standards of the underlying district and with this
Section. The provisions of this' Section shall apply to all new drive-in, drive-through,
fast-food, and take-out restaurants, to any existing restaurant which has an expansion
of more than ten percent of the gross floor area or increase of more than twenty-five
percent of the number of seats and, to the extent specifically provided in subsection
0), restaurants operating as of July 10, 1995.
(b) Hours of Operation. When located on a site adjacent to or separated by an
alley from any residentially zoned property, a drive-in, drive-.through, fast-food, or take-
out restaurant shall not open prior to seven a.m. nor shall it remain open after ten
p.m., except that fast-food or take out restaurants whose entire 0 eration includin
6
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Ol;95
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parkinq, is conducted within an enclosed buildinq{shalltfiOt open earlier than 5:00 a.m.
daily nor shall it remain open after 1 :00 a.m. Monday throuqh Friday or after 3:00 a.m.
Saturday and Sunday. f".,~-t'f - f"\ """ "'-- F~
- - ;):cn- ~ ~~ ~'
(c) Minimum Lot Size. The minimum lot size shall be ten thousand square feet.
(d) Driveways. Drive-in and drive-through restaurants shall have double driveways
in all instances and these driveways shall have space for at least six vehicles waiting
for service.
(e) Parking. A parking and vehicular circulation plan encompassing adjoining
streets and alleys shall be submitted for review and approval by the Parking and
Traffic Engineer prior to approval of a conditional use permit.
(f) Refuse Storage Area. A minimum of one outdoor trash receptacle shall be
provided on-site adjacent to each driveway exit. At least one additional on-site outdoor
trash receptacle shall be provided for every ten required parking spaces.
(g) Litter. Employees shall collect on-site and off-site litter including food rappers,
containers, and packaging from restaurant products generated by customers within a
radius of three hundred feet of the property at least once per business day.
(h) Equipment. No noise-generating compressors or other such equipment shall
be placed on or near the property line adjoining any residential district or any property
used for residential uses.
(i) Noise. Any drive-up or drive-through speaker system shall emit no more than
fifty decibels four feet between the vehicle and the speaker and shall not be audible
above daytime ambient noise levels beyond the property boundaries. The system
shall be designed to compensate for ambient noise levels in the immediate area and
7
) \" 9 6
shall not be located within thirty feet of any residential district or any property used for
residential uses.
U) Applicability to Restaurants Operating as of July 10, 1995. Any drive-in,
drive-through, fast-food or take-out restaurant operating as of July 10, 1995 which is
not otherwise subject to the hours of operation restrictions of subsection (b) above
("existing drive-through") shall be subject to the following hours of operation for the
drive-up window component:
(1) Any existing drive-through which is located adjacent to or separated by an alley
from any residentially zoned property, and which does not have a valid conditional use
permit or development review permit shall not operate its drive-up window between
the hours of ten p.m. and seven a.m. unless and until a conditional use permit for such
drive-up window operation is obtained
(2) Any existing drive-through which is located adjacent to or separated by an alley
from any residentially zoned property which has a valid conditional use permit or
development review permit issued prior to July 10, 1995" which permit authorized
operation of the drive-up window between the hours of ten p.m. and seven a.m., shall
cease operating its drive-up window during those hours as of May 1, 1998 unless and
until a new conditional use permit is obtained
(3) The conditional use permit required pursuant to this subsection U) may
authorize the drive-up window of an existing drive-through to operate during specified
hours between ten p.m. and seven a.m., if the findings contained in Santa Monica
Municipal Code Section 9.04.20.12.040(a) through U) are made. In granting a
conditional use permit, the Planning Commission, or City Council on appeal, may
8
lio.~
impose such conditions as are necessary to insure that the authorized drive-up
window operation is not detrimental to surrounding properties or residents by reason
of lights, noise, activities, parking or other actions. Except as provided above, the
conditional use permit shall be processed substantially in accordance with Part
9.04.20.12.010 of the Municipal Code.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance,
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance, The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause:
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional
9
I..lU98
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
10
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