SR-402-001 (49)
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F:\PLAN\SHARE\COUNCI L \STOAS\STOACOVERmcds.doc
Council Mtg: June 24, 2003 Santa Monica, California
JUN 2 4 2003
TO Mayor and City Councilmembers
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 02-025 of the
Planning Commission Denial of a Development Review Permit 98-012,
Conditional Use Permit 98-046 and Variance 98-053 for a Commercial
Development Project at 1540 2nd Street.
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 02-025 of the Planning Commission denial of a Development Review Permit
98-012, Conditional Use Permit 98-046 and Variance 98-053 to allow the development
of an approximately 75,000 square foot, 3-story commercial building with 299 parking
spaces at 1540 2nd Street.
On May 13 2003 the City Council overturned the decision of the Planning Commission,
upheld the appeal, and approved a modified project by a vote of 5-2. The City Council's
decision was based upon the findings contained in the attached Statement of Official
Action
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
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JUN I 4 2003
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action,
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Planning and Community Development Department
Attachment: Statement of Official Action
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City of Santa Monica
City Council
C i t Y of
Sant;a Monica'.
STATEMENT OF
OFFICIAL ACTION
PROJECT
CASE NUMBER:
DR 98-012; CUP98-046; VAR98-053
LOCATION:
1540 2nd Street
APPLICANT:
Realty Bancorp Equities
PROPERTY OWNER: McDonalds Corporation
CASE PLANNER:
Paul Foley, Senior Planner
REQUEST:
Appeal of Planning Commission denial of DR98-012,
CUP98-046 and V AR98-053 to permit the development
of a 74,940 square foot, three-story commercial building
on the northwest corner of Colorado Avenue and 2nd
Street. The proposed building includes a new 4,465
square foot McDonald's with a 600 square foot outdoor
dining patio and 8,064 square feet of pedestrian-
oriented, visitor-serving retail and lobby uses on the first
floor. The second and third floors will contain a total of
approximately 48,533 square feet of office space.
Parking for 299 cars is proposed at ground level and
within 3 levels of subterranean parking. The project also
is expected to include a minimum of 115 parking spaces
to be available to the public from 6:00 p.m. to 2:00 a.m.
during weekday evenings and a minimum of 118
spaces available to the public 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 price structure for the spaces will
be a maximum of twice the rate for downtown parking
spaces in the City's structures with no free parking.
CEQA STATUS:
An Environmental Impact Report was prepared for the
project in compliance with the California Environmental
Quality Act (CEQA). The Environmental Impact Report
was certified by the City Council on May 13,2003 by
Resolution No. 9848. A Statement of Overriding
Considerations and a Mitigation Monitoring Program
was also adopted by the City Council by Resolution No.
9849.
CITY COUNCIL ACTION
Mav 13. 2003
Date
x
Appeal upheld and project approved based on the following findings
and subject to the conditions below.
Denied
Other
EFFECTIVE DATES OF ACTIONS:
May 13, 2003
EXPIRATION DATE OF ANY PERMITS GRANTED:
November 13, 2004
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
Any request for an extension of the expiration date must be received in the City Planning
Division prior to expiration of this permit.
6-months
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on the
substantial evidence in the record. The absence of any particular fact from any such
summary is not an indication that a particular finding is not based in part on that fact.
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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 offloor
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
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 fortandem 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
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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, a ground floor 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.
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 forthe type of land use being proposed, in
that the proposed 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 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.
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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-af-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.
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
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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.
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.
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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 avoids
any further intrusion into the ground water table which is likely as called out in
Section IV.G of the Final Envjronmentallmpact Report prepared for the project.
CONDITIONS
Plans
1 This approval is for those plans dated May 5,2003 as amended by these conditions
of approval, 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
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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 Architect~ral
Review Board.
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. In addition, the Architectural Review Board shall ensure open visual
access to the patio dining area from the public sidewalks along 2nd Street and
Colorado Avenue by limiting landscaping, railings or other barriers to 36" in height or
the height of the patio tables, whichever is less. Any barricades by the patio dining
area shall be visually permeable to optimize visual access.
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 Part 9.04.1 0.04 of the Santa Monica Municipal
Code (Landscaping Standards) including use of water-conserving landscaping
materials, landscape maintenance and other standards contained in this Part.
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
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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.
14. Street trees shall be maintained, relocated or replaced 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 Code (SMMC Section 7.40).
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.
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20. 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.
21 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.
22. 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 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, numberoftruck
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 numberofthe
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.
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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.)
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.
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 7.1 O. 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.
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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.
31 Pursuant to Mitigation 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.
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.
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
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archaeologist has evaluated the nature and significance of the find. After the find
has been appropriately mitigated, work in the 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 (i.e., 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 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
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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 SCAQMD which are
applicable to the development of the project (such as Rule 402 - Nuisance,
Rule 403 - Fuqitive Dust, Rule 1113 - Architectural Coatinqs) and which are
in effect at the time of development. The following measures are currently
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 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).
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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 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 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.
44. Pursuant to Mitigation Measure C-2(c): Provide temporary noise attenuation walls
around the project site during all construction activities.
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.
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
The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
48 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.
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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.
50. 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 pre-
treat 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.
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 content are required
to pre-treat 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 sound rated 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.
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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.
56. 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
57. 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.
58. 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 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 ifthe 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
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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 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
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
63 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.
64. Prior to submittal of the project application for Architectural Review Board
consideration, the applicant shall modify the project to eliminate the Colorado
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Avenue driveway and parking access. The two project driveways shall be located on
2nd Street.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Bloom, Genser, Katz, McKeown, O'Connor
Feinstein, Holbrook
None
None
NOTICE
Since this is a final decision and not subject to further appeal under the City of Santa
Monica Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
d~l,i(#- 7JZd&ar?hf: ~) ;JaM .J~ fla'JS
MA IA M . STEWART, City Clerk Dat .
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