SR-402-001 (10)
I/0'2-~1
· ~R-;3 ~I
Santa Monica, California
0((
.
LUTM:PB:DKW:DM/DMCCMEMO.PCWORD.PLAN
council Mtg: April 23, 1991
TO: Mayor and City Council
FROM: city staff
SUBJECT: Certification of statement of Official Action for
Appeal of Development Review 90-007, Variance 90-023
and Environmental Impact Assessment 896. ) L):; .3 c7y..-{ $:-{ "
INTRODUCTION
This report transmits for City council certification the
statement of Official Action for the appeal of the above listed
Development Review, Variance and Environmental Impact Assessment
to allow the construction of a five story, 31,775 square foot
mixed use building with ground floor retail space and four levels
of residential space on the second through fifth floors.
BACKGROUND
After a public hearing and careful review of the record and staff
recommendations, on March 26, 1991, the City council denied the
appeal of DR 90-007 and EIA 896, upheld the appeal of VAR 90-023,
approved the proposed Development Review and Environmental Impact
Assessment and denied the proposed Variance.
RECOMMENDATION
It is respectfully recommended that the city Council approve the
attached statement of Official Action which contains findings and
conditions of approval of Development Review 90-007 and
Environmental Impact Assessment 896 and the findings of denial of
variance 90-023.
- 1 -
6-(;
~IPP 2.'3 199J
.
.
Prepared by: David Martin, Associate Planner
Paul Berlant, Director of Land Use and
Transportation Management
Attachment:
A. statement of Official Action dated 03/26/91.
DM
PC/DMCCMEMO
04/10/91
- 2 -
.
.
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Development Review 90-007
Variance 90-023
Environmental Impact Assessment 896
LOCATION: 1423 2nd street
APPLICANT: Community Corporation of Santa Monica
CASE PLANNER: David Martin, Associate Planner
REQUEST: Application for a Development Review, Variance
and Negative Declaration to permit the con-
struction of a 5 story I 31, 775 square foot,
mixed use building with ground floor retail
space and four levels of residential space on
the second through fifth floors.
CITY COUNCIL ACTION
03/26/91
Date.
Approved.
Denied.
XX other. Development Review 90-007 and Environmen-
tal Impact Assessment 896 approved and Variance
90-023 denied based on the following findings and
subject to the conditions below.
EFFECTIVE DATES OF ACTIONS:
CUP 90-007 - 03/26/91
VAR 90-023 - 03/26/91
EXPIRATION DATES OF ANY PERMITS GRANTED:
CUP 90-007 - 03/26/92
VAR 90-023 - N/A
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES
CUP 90-007 - 3 Months
VAR 90-023 - N/A
- 1 -
.
.
NEGATIVE DECLARATION FINDINGS
The City Council hereby finds that the Final Initial study and
Negative Declaration should be certified in that:
1. The Council has reviewed and considered the contents of
the Final Initial study and Negative Declaration,
consisting of the Draft Initial study and Negative
Declaration, public comments, and responses.
2. The Final Initial study and Negative Declaration
adequately review and analyze potential environmental
effects of the proposed project.
3. The environmental review was conducted in accordance with
applicable State and city CEQA guidelines including
preparation, notification, and content requirements.
4. A Negative Declaration is appropriate, in that the
Initial study provides sufficient data to support a
finding that the project will not have a significant
effect on the environment.
VARIANCE FINDINGS
1. There are no special circumstances or exceptional charac-
teristics 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 there are no
physical constraints that prevent the project from provid-
ing the required loading space.
2. The granting of such variance would be detrimental or in-
jurious to the property or improvements in the general
vicinity and district in which the property is located, in
that the rear alley would not provide adequate space for
the loading that may result from the project.
3. The strict application of the provisions of this Chapter
would not result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the parcel is 50' wide and the inclu-
sion of a loading space would not restrict the development
of the project.
4. The granting of a variance will be contrary to or in con-
flict with the general purposes and intent of this Chap-
ter, or to the goals, obj ectives, and policies of the
General Plan, in that the area is a commercial district
where the use of an alley for loading purposes could cre-
ate an undesirable situation.
5. The variance would impair the integrity and character of
the district in which it is to be located, in that the
- 2 -
.
.
rear alley would not provided adequate space for the load-
ing that will result from the project.
6. The subject site is not physically suitable for the pro-
posed variance, in that the site is a standard parcel with
no unusual characteristics.
7. There are not adequate provisions for water, sanitation,
and public utilities and services to ensure that the pro-
posed variance would not be detrimental to public health
and safety, in that the existing alley does not provide
adequate access for loading.
8. There will not be adequate provisions for public access to
serve the subject variance proposal, in that the existing
alley does not provide adequate space for loading.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would not result in unreasonable deprivation of
the use or enjoyment of the property, in that given the
configuration of the proposed proj ect and the subj ect
si te, the inclusion of a loading space would not reduce
the amount of area available for commercial use.
DEVELOPMENT AND SITE REVIEW FINDINGS
1. The physical location, size, massing, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding sites and neighborhoods,
in that the proposed building is of similar size and scale
as existing buildings located in the C3C District and in
the Third street Mall Specific Flan area.
2. The rightS-Of-way can accommodate autos and pedestrians,
including parking and access, in that the project is
designed for pedestrian orientation to the street and al-
ley and the limited amount of parking demand generated by
the project can be absorbed by existing parking facilities
in the area.
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 project is an
in-fill of an already developed area with all necessary
services and infrastructure preestablished.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the proj ect developer will be required to pay all
necessary housing and parks mitigation fees and 44
residential units will be provided on site.
- 3 -
.
.
5. The project is generally consistent with the Municipal
Code and General Plan, in that the project is designed to
meet all code requirements and the General Plan with the
exception of the loading space requirements, for which a
Variance has been applied.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study in that all
reasonable mitigation measures identified by the Initial
study have been included as conditions of approval.
CONDITIONS
Plans
1. This approval is for those plans dated Karch 26, 1991, a
copy of which shall be maintained in the files of the city
Planning Division. Project development shall be consis-
tent with such plans, except as otherwise specified in
these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
3. 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
4. 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 Architec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
5. Construction period signage shall be subject to the
approval of the Architectural Review Board.
6. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
- 4 -
.
.
7. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities: scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment~ glazing~ and landscaping.
8. Landscaping plans shall comply wi th Subchapter 5B
(Landscaping standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
9. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
Fees
10. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establ ishing mi tiga tion requirements, incl uding one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City'S Transportation Manage-
ment Plan.
11. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
12. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS).
13. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permi tted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
Construction
- 5 -
e
.
14. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
15. sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
16. 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.
17. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
COrd. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
18. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect: 2) Describe how demolition of any existing
structures is to he accomplished: 3) Indicate where any
cranes are to be located for erection/construction: 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion: 5) Set forth the extent and nature of any pile-
driving operations~ 6) Describe the length and number of
any tiebacks which must extend under the property of other
persons: 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings: 8) Describe
anticipated contruction-related truck routes, number of
truck trips, hours of hauling and parking location: 9)
Specify the nature and extent of any helicopter hauling;
10) state whether any construction activity beyond normal-
ly permitted hours is proposed: 11) Describe any proposed
construction noise mitigation measures: 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel: 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking i
15) List a designated on-site construction manager.
19. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
- 6 -
.
.
shall also indicate the hours of permissible construction
work.
20. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
21. 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. Prior to issuance of a certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will
not result in a net increase in wastewater flows. Flow
from existing occupancies which will be removed as part
of the new development may be deducted from flow at-
tributable to the new development if such occupancies have
been occupied wi thin one year prior to issuance of a
Building Permit for the proposed project. Alternatively,
proj ect owner may provide a payment to the General Ser-
vices Department in an amount specified by General Ser-
vices in lieu of the installation requirement, which funds
shall be used by the City for the exclusive purpose of
achiev ing compl iance with this condition by retrof i tting
existing occupancies. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
guidelines developed by the General Services Department.
Projects subject to this condition shall not be eligible
for the "Baysaver" rebate program.
23. To mitigate solid waste impacts, prior to issuance of a
certificate of Occupancy, project owner shall submit a
recycling plan to the Department of General Services far
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.
24. To mitigate circulation impacts, prior to issuance of a
Certificate of Occupancy, proj ect owner shall submit a
transportation demand management plan to the Department of
General Services for its approval. This plan shall in-
cl ude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development. 2)
- 7 -
.
.
Demand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
addressing: A. Education and Marketing to alert employees
and visitors to the site to demand reduction programs and
incentives; B. Parking Management such as parking charges
for single-occupant vehicles, reduced rates for car and
vanpools; C. Ridesharing programs such as a rideshare
matching program, incentives, and car and vanpool sub-
sidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors; E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers; F. Alternative
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing wi thin three miles of the proj ect site. The
goal of the Transportation Demand Management Plan shall be
to reduce vehicle trips which would otherwise occur by
twenty percent.
Miscellaneous Conditions
25. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
26. 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.
27. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
28. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
Validity of Permits
29. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mi ts, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
- 8 -
.
.
30. wi thin ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall
sign and return a copy of the statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
31. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
Monitoring of Conditions
32. Pursuant to the requirements of Public Resources Code
Section 21081.6, the city Planning Division will coordi-
nate a monitoring and reporting program regarding any re-
quired changes to the proj ect made in conj unction with
project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant
effects on the environment. This program shall include,
but is not limited to, ensuring that the Planning Division
itself and other City divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. Proj ect owner shall demonstrate
compliance with conditions of approval in a written report
submitted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
INCLUSIONARY UNIT CONDITIONS
33 . The developer shall covenant and agree with the City of
Santa Monica to the specific terms, conditions and
restrictions upon the possession, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed of the property to ensure
that seven affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 100% of the CRUD)
- 9 -
.
.
Los Angeles County median income, expending not over 30%
of monthly income on housing costs, as specified by the
Housing Division of the Department of community and
Economic Development.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) ava~lable to eligible tenants and 2) responsibili-
ties of the City of Santa Mon1ca to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the city Planning Division with a
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the city of Santa Monica ("Program
12 t1) . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS) , which provides
implementation standards for Program 12.
VOTE
Ayes: Abdo, Genser, Holbrook, Katz, Olson, Vasquez, Zane
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planning commission of
the City of Santa Moniea.
/ !,/]r//'
(:::;]M~.'nw
signatur~/
1-.{.'/- '1/
date
- 10 -
.
.
Beth Holmes, ASslstant Clty Clerk
Please Print Name and Title
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
print Name and Title
PC/STDR9007
DM
- 11 -