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SR-402-001 (54) -Ko5o ~ PCD: S F :JT :AS: PF :f:\plan\share\cou ncil\strpt\02\Appealmcdonalds2 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 1 ~A MAY 1 3 Z003 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 3 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 4 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 5 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 () 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 7 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 8 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 10 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. 11 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. 12 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 13 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. 14 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 15 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. 16 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. 17 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 18 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. 19 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. tn \Oll, me 11".1 (:;m be rm~ Ambiance in Parking" p. 3..c .} \,. lJ ~v Realty Bancorp -= 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 ~ ~ ~ I, ~ ~ ~ I ~ ~ i ~ ~ " ~ I! t ~ ~ ~ ~ , ~ I ~ F, ! J . :UL 38 r. A ~1 A%~ r~ J..I [<AI:<U^SSOCl^TES A Corporation Transportation Planning Traffic Engineering 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 ,) '- I. 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) (13) (16) 313 950 "'"'" ------- ~ ~= - ~~"""--' ~,-,~~ ~'~.~" 137 86 13 99 29 108 ()l44 I- o ., o a::: a.. rn :::::> ..J! <( o..l.J)J ocr: z<l; <to! wO ::>0 - ....J! ~LL. ..J(!J :::::lz ~I- ::JID- Ux W Wo Uw >1- lU~U -.lWW IJJrnCl:: 0:( a::: 1-08 rn .......lI WI- >- W' 3: ....JI- zO OW - ""'l 1-0 UIi::: l1:IOl.. II'> 0:::0 I.JUI.I.,l I-rn z> -UJ al'0::: o o N ~ - c ('- la_ o 0 ;;:: la 0 .- c.2 S,E (j)- o ~ Q) 0 LO """ """ ..- co IN 0> "'coooo M 0 ..- 0 ()"Q)laOOOOOoOo..-ooo >0<30000 0 0 0 0 rn Ou..u..u..u..mu..uu..ou..WLL. ..J rn :::::l ..J 0..1- W () i< > w >. -..., lai< i< i< i< I-OQ)i<i<i<i< :3~0 :::::lo.. :E :::::l () COi< ..-i< COi< Ni< Ni< ",,"i< co: ",,"OO"MCOLO..-"ONCO ()CO"",,"NNLO..-MMMO>O >~"-:';~~~~~~';~~ ..-..-..........0.....000..-..-..- rn Ou..u..u..u..mu..uu..owwu.. ..J w > i= W i< :3rnlai<i<i<i< :::::l <( Q) i< i< i< i< :Emo :::::l () i< CO i< i< ..- i< " ONi< N CO """ i< ",,"LOCOM"-LOLOM..-CO..-O> ()COCOMNO>N..-NM..-o>o> >~"-:';~~~~~~';~~ ..-..-.......-0..-000..-..-..- ~ ~ I <(:::::l~~~~~~~~~~~~ W 0 <('a. <( a. <( a. <( a. <( a. <( a. a..Z __0- ....: E o CO z uC::: o "0 '5. C i= ~~~ Q) Co Q)EO () e e ~ > ~ >--0 W Q)~Q) Q) Q) Q)Oe rn >e>~>..x:J..x>..x:J ~ <(Q)<(......<("'-'o"'-'<("'-'o W CO>coQ) ......m...... .......0 I- 'c <( 'c ~ .g ~ Q) ~ .g ~ ~ z ~ .... e .... ...... CO ~ ,!::: ~ CO ~ - ocoocn....cn.r::.cn....cnw I~Q)~"OO fJ) 0 0 Ucoocoeo:5s::50:5..- o.UOUNU""">",,"U,,,,"...!.. 0..... z """ ..- CO ..- " ..- 0> ..- C\I 'l:~ '"' ~ o - III .0 '" ~ g ?€ u l;i i;D 7.s .a "0' ro '21 i? 6: r;v .8 ~ 'T.l Q'l' ql 'rE u D c D' ~( 01 z ,,~ 1/ 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- 1 eff44 ~'( 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. 2 eff44 ,f ~;, 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: ~.. JI1~i . 11 .~. I) (Ii ... ("\ _~, ~.~~L;~L1UL~ MA HA J. M~TRIE City Attorney F:\PPD\SHARE\reso\mcdcceirreso.doc 3 L 4 " eff44 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. 1 U l r..:, v 1. 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 2 t.: ..; po :hl City G QA fh reI 'b' Thl dfica Mitiqat~o 1\118:::11 AO tom co itml fo Use ,y-effil co nd ~tio rs to re ner~w con 1m 10 imi In Mi MP.Fl AD US(~ ,hi col re roo te OpPOSp.rl tn Irl~ )f; m. Ttle: tF!: !f!I attlel sorb, ::ill mi imi hI at T m Id fn mAc:h cOlla ili ystem: 1'1'8' ove d'Am Mitli ;::Jiti M AO- pee:;;;:l.I Ih1 filten wi ow coatil hI -pa r1dows tQ 8rl LJce th In :hl th WRt'I mi ons c:nnd iti rs soc:;i;;Jted ',',lItll hI f lei R dete hat wlthl tut mi at on h r.rH J hliivp. Ire-sou Co witl A rl'Ir:le V' i1 ri 92 'V :he City f1 la M ld C OA id r:tio th r:1ef<"lIAd :hl R II~~ mi tin m4 es h; h wh wll mitiqate lifir:::a tn iml thl eet rtl GAS to ::Jel, 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 t: \, v ik 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 l. t.; ;. v,. 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 L r;. h ..... ."" (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 L t:: v 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 \..: t; \.. v i... 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 ) L. t:..: q v ,.~. 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 ;:: ~8 <::l Q:; "J", t-... ;:: ,,~ '1:: ': ;: <J '" .a .~ i5 '- .t~ ;:: <:) ~ ~ ;:: V) ... <:) " ~ 8 <::l J\ ~ ~ ~ .... ..... s: .... '" .- ::;2 u QI ..t: U 0.0 !:: 't o c.. '7~ ="C ::> !:: QI tIl -0.0 ,.Q !:: tIl ._ f- ... o .... '2 o ::.?l !:: .~ 1; .~ .... ~ "C .... .a c: "" ~ 1:: ~. ici'2 S QI (j') 0.03 c..El .....of! '1 ~,.g t '2 QI tIl ""0 >c.. o::;Sil:8~~ 0.0"" .a .; .~ ~ 1:: ~~a[~ ..... u 0 0 t o 'a U 'il tIl g~]~g >. ~ c.. 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't: a t: :8 e: i:: :0 ~ ~ J E-< 2 ~ ~ s ~ J tU .! ~ e: ~ '1: bO~..... 8 ~ tll ~ ,S ~ t: '> ,..; 's '2 ~..!!l .5 '> '0 .:: tll b Q.. ~ ;;; ,g ~ .l:l ~ :S-'~ ~ ~ t3 e.g -8 Qj ~ Qj t3 5 &. ~ ~ ~ j tll] 5 ~ ~ E-<tll"Otll'tltll~",,,,..s.....stllO,,,uE-<uQ..~,,,u,.Qu 5 t: 0 <:l <:l u u .6~ .6~ ~~g. ~ ~ tll ~8.s . 0 s: ~u_ N (t) ( I;\.. 88 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 1 90 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 J '-' 91 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 (;v92 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 ~~~3-~ GJ-~ Ol;95 f~ J' ~ ~. / (V~~ ~'2....\' \.v.... 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 i/-..99