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SR-032806-1A lA MAR 2 8 2006 F:\CityPlanning\Share\COUNCIL\STOAS\2005\05APP-010 (1260 18th Street - UUCCSM) STOAdoc Council Mtg: March 28, 2006 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Certification of the Statement of Official Action for Appeal 05-010 of Planning Commission's Approval of Conditional Use Permit 05CUP-004 and Variance 05VAR-006 for the Expansion of the Unitarian Universalist Community Church of Santa Monica. INTRODUCTION This staff report transmits for City Council certification the Statement of Official Action for Appeal 05-010 of the Planning Commission's approval of Conditional Use Permit 05CUP-004 and Variance 05VAR-006 for the expansion of the Unitarian Universalist Community Church of Santa Monica. DISCUSSION After holding a public hearing on November 22, 2005 and December 13, 2005, the City Council denied the appeal, upholding the Planning Commission's approval of Conditional Use Permit 05CUP-004 and Variance 05VAR-006. The City Council's action incorporated one additional condition of approval. On February 14, 2006, the City Council continued the hearing to approve the Statement of Official Action at the request of the project applicant. The City Council also directed staff to confirm that the Statement of Official Action accurately reflects the action taken by the Council and that all of the required findings of fact contained in the Statement of Official Action were affirmatively made by the Council on December 13, 2005. lA MAR ~ ~ 20011 Staff reviewed the audio recording of the December 13, 2005 City Council hearing and confirms that the action of the Council has been accurately reflected in the attached Statement of Official Action, and that all necessary findings were made by the Council on December 13,2005. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDA TION It is recommended that the City Council approve the attached Statement of Official Action. Prepared by: Andy Agle, Interim Director Amanda Schachter, Planning Manager Roxanne Tanemori, Associate Planner Planning and Community Development Department Attachment: Statement of Official Action f) CITY OF SANTA MONICA CITY COUNCIL City of Santa lUoniea'. STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: 05APP-010 LOCATION: 1248-1260 Eighteenth Street APPLICANT: Unitarian Universalist Community Church APPELLANT: Blair Calderhead PROPERTY OWNER: Unitarian Universalist Community Church CASE PLANNER: Roxanne Tanemori, Associate Planner REQUEST: Appeal of the Planning Commission's approval of Conditional Use Permit 05CUP-004 and Variance 05VAR- 006 for the Expansion of the Unitarian Universalist Community Church of Santa Monica. CEQA STATUS: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15331, Class 3 (e) and Class 31, of the State Implementation CEQA Guidelines in that the project proposes an addition to the existing church facility that is less than 10,000 square feet, and rehabilitation of a historic resource that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. - 1 - CITY COUNCIL ACTION December 13, 2005 Date. Appeal Upheld based on the following findings below. x Appeal Denied based upon the following findings and subject to the conditions below. Other. EFFECTIVE DATE OF ACTION: December 13, 2005 EXPIRATION DATE OF ANY PERMIT GRANTED: December 13, 2010 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. One six (6) month extension may be permitted. 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. FINDINGS 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 expansion of places of worship are permitted in the R2 Zone District by approval of Conditional Use Permit. The project, which relocates existing church uses from the existing buildings located on-site and across the alley to new facilities on the same site as the church is consistent with Objective 1.10 of the Land Use Element. Objective 1.10 calls for protecting the scale and character of existing neighborhoods and the proposal allows for additional space for existing on-site uses but does not - 2 - increase the intensity of the uses that currently occur at the site, except for a potential increase in use of the sanctuary on Sundays. 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 proposal maintains the historic character of the site and original church structure that contribute to the neighborhood integrity and character, and the proposed addition combined with the existing structures on site have been designed to buffer outdoor activities that will occur in the courtyards from the surrounding residential uses. Additionally, the proposal will continue existing church uses on site that have occurred since its establishment in 1930 and the construction of the social hall in 1961. The proposal is an effort to consolidate existing uses from a location across the alley on to the same site as the church. The expanded church will not increase the range of activities or events at the church except those that occur within the sanctuary associated with an increase of thirty-nine seats. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed addition will occur on a relatively flat lot with no physical or topographic constraints. Additionally, the uses will be relocated from existing buildings on-site and from a location across the alley to an on-site location in the new addition. 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 church is the only existing on-site use and that this proposal is for an expansion of the space associated with this existing use. 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 use is a continuation of existing permissible use. The project allows these continued uses to operate in more suitable spaces and generally does not intensify current uses on the property. The 3,402 square foot addition is designed to be compatible with surrounding uses. The expanded church will not increase the number of activities nor increase the number of participants in activities or events at the church except for increases within the sanctuary. 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 proposed project is located on a fully developed parcel with adequate access to all necessary utilities and will not be detrimental to public health and safety. 7. Public access to the proposed use will be adequate, in that the church is an established community church that draws its membership from the surrounding neighborhood, allowing members to walk to the church. The site will have - 3 - pedestrian access from both Eighteenth Street and Arizona Avenue and from the alley parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. In addition, Condition #42 requires the applicant maintain for the life of the project, a lease agreement that makes available a minimum of twelve (12) parking spaces to parishioners and guests during church facility operating hours within 1,000 feet of the church property. Verification of this lease agreement, or other communication acceptable to the City, must be provided annually. 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 proposal will relocate a structure that is located in the required side yard setback area. The relocated structure will be moved from a location that is approximately 3'-0" from a side property line that is shared with a multi-family residence to a location that is compliant with the required side yard setback. The 3,402 square foot addition to the social hall is located at the rear of the property and is separated from surrounding residential uses by an alley to the west. Additionally, the location of the "L" shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Policy 3.1.3 encourages the "retention of historic and architecturally significant resources" and the expansion of the social hall retains a historically significant church sanctuary building. The proposed project is consistent with Land Use Objective 1.1 to "Improve the quality of life for all residents by providing a balance of land uses consistent with 1) recognizing that the City is part of a metropolitan area with regional social problems and 2) protecting the quality of life in all residential neighborhoods" since The Unitarian Universalist Church of Santa Monica will continue to operate as an active place of worship and provide programs and space for programs that address the needs of the greater community. The number of programs and events will not increase thus protecting the quality of life in the surrounding residential neighborhood. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that places of worship are conditionally permitted uses within the R2 District and parking for the proposed expansion of the sanctuary, classrooms, social hall and kitchen, as well as for existing uses will be provided for by a lease agreement that makes available a minimum of twelve (12) parking spaces to parishioners and guests during church facility operating hours within 1,000 feet of the church property, as required per Condition #42. Verification of this lease agreement, or other communication acceptable to the City, must be provided annually. -4- 11. Additionally, the location of the ilL" shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 12. 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 no such standards apply to places of worship. 13. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the Conditional Use Permit will allow an addition to an existing church that first began operating in 1930. The proposal will not create a new church use nor will it result in an over-concentration as it is not a new use. 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. Specifically, the church sanctuary building, which was constructed in 1930, and the social hall, which was constructed in 1961, were approved without on-site parking. The subject site contains existing structures, including one building with historic attributes, and is fully developed, thus restricting the ability to provide parking on- site. The expanded uses will require an additional twelve parking spaces that will be available off-site during church facility operating hours. Per Condition #42, the applicant shall be obligated to maintain for the life of the project, a lease agreement that makes available a minimum of twelve (12) parking spaces to parishioners and guests during church facility operating hours within 1,000 feet of the church property. The church has adopted a Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan and shall be required to .implement it at all times per Condition #43. 2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the variance allows existing church and co'mmunity uses to expand into more suitable spaces but does not allow for an expansion in the scope of existing uses. The variance will not alter the traffic that is associated with activities at the church. 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 if parking were located on-site the existing church and community facilities would be unable to expand as proposed on one contiguous parcel in lieu of separate parcels as is the current condition. Therefore these uses, which have had a long-standing presence in the - 5 - neighborhood, could not operate as proposed in existing buildings with expansion, with protected outdoor space, on one contiguous parcel. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. Specifically, Land Use Policy 3.1.3 encourages the "retention of historic and architecturally significant resources" and the expansion of the social hall retains a historically significant church sanctuary building. The proposed project is consistent with Land Use Objective 1.1 to "Improve the quality of life for all residents by providing a balance of land uses consistent with 1) recognizing that the City is part of a metropolitan area with regional social problems and 2) protecting the quality of life in all residential neighborhoods". Specifically, the Unitarian Universalist Church of Santa Monica will continue to operate as an active place of worship and provide programs and space for programs that address the needs of the greater community, and will be able to provide three on-site spaces and will be required to maintain for the life of the project, a lease agreement for the twelve additional required parking spaces at an off-site location within 1,000 feet of the church property during church facility operating hours. 5. The variance would not impair the integrity and character of the district in which it is to be located in that the parking variance allows existing church and community uses, which have had a continually presence in this neighborhood, to be offered on one contiguous parcel instead of on two parcels separated by an alley, as is the current condition. The applicant is able to provide three on-site spaces and will be required to maintain for the life of the project, a lease agreement for the twelve additional required parking spaces at an off-site location within 1,000 feet of the church property during church facility operating hours. 6. The subject site is physically suitable for the proposed variance in that while the proposed addition will occur on a relatively flat lot with no physical or topographic constraints, several of the uses will be relocated from a location across the alley to a compatible addition to a historic church building on site, in order to more suitably operate a single long-standing community facility on one contiguous 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 subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services. 8. There will be adequate provisions for public access to serve the subject variance proposal in that the church is an established community church that draws its - 6 - membership from the surrounding neighborhood allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the Seventeenth Court parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and NO.1 0), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. Per Condition #42, the applicant shall be obligated to maintain for the life of the project, a lease agreement that makes available a minimum of twelve (12) parking spaces to parishioners and guests during church facility operating hours within 1,000 feet of the church property. 9. For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon the provision of off-site parking and 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. Specifically, per Condition #42, the applicant shall be obligated to maintain for the life of the project, a lease agreement that makes available a minimum of twelve (12) parking spaces to parishioners and guests during church facility operating hours within 1,000 feet of the church property. Verification of this lease agreement, or other communication acceptable to the City, must be provided annually. Additionally, per Condition #43, the applicant shall be required to implement at all times the adopted Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan. The applicant shall submit verification of compliance with this requirement annually. 10. The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to existing parcel constraints which necessitates the current condition of church activities being offered in buildings on two parcels separated by an alley; the location of existing improvements such as the historically significant church sanctuary building and the existing residence; and the placement of existing adjacent residential uses, practical use or enjoyment of the subject parcel would not be possible. CONDITIONS: Plans 1. This approval is for site plans dated May 31, 2005, 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. - 7 - 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 design, layout and specifications for the three proposed on-site parking spaces 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. 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 scale and articulation of design elements; materials; window treatment; glazing; landscaping, location and number of proposed trees; and the project's compatibility with the existing structures on site. In addition, the Architectural Review Board shall pay particular attention to the nature and character of the design in relation to the historic church structure. The Board shall also closely review use of materials, details, and any attachments to the existing church structure. 10. As appropriate, the Architectural Review Board shall require the use of anti- graffiti materials on surfaces likely to attract graffiti. - 8 - 11. Landscaping plans shall comply with Part 9.04.10.04 (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. 14. 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 Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division. 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 - 9 - 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. 19. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Construction 20. 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. 21. 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. 22. 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. 23. 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) -10- 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. 24. 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. 25. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 26. 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 27. 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.) 28. 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. - 11 - 29. 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. Miscellaneous Conditions 30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 31. 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. 32. 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. 33. 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. 34. Mechanical equipment shall not be located on the side of any building which is - 12 - 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. 35. 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. 36. 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. 37. Prior to Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a 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 38. 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. 39. 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. 40. 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 appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence the first phase of construction. A detailed phasing plan is required prior to issuance of this permit. In addition, a building permit for all phases of construction must be obtained - 13 - within five (5) years of Conditional Use Permit effective date. 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. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall 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. Special Conditions 41. The applicant shall discontinue all use of 1253 Seventeenth Street authorized by Conditional Use Permit 94-015 and cease to exercise any rights under that CUP immediately after final inspection of the proposed new classrooms at the 1260 Eighteenth Street property. 42. The applicant shall be obligated to maintain for the life of the project, a lease agreement that makes available a minimum of twelve (12) parking spaces to parishioners and guests during church facility operating hours. Such parking spaces shall be located within 1,000 feet of the church property. The applicant shall submit the proposed lease agreement for review and approval by the Zoning Administrator prior to final inspection of the proposed new classrooms at the 1260 Eighteenth Street property and/or final inspection of the sanctuary expansion. Verification of this lease agreement, or other communication acceptable to the City, must be provided annually thereafter. 43. The applicant shall be required to implement at all times the adopted Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan, Exhibit H to the November 22, 2005 staff report. The applicant shall submit verification of compliance with this requirement annually. 44. For purposes of noise abatement in residential districts, organized outdoor activities shall be limited to the hours of 9:00 a.m. to 8:00 p.m. 45. Prior to issuance of a building permit, the applicant shall photo-document the subject property with black & white film, supplemented with digital photography and a new State Inventory Form (DPR 523 form) for submission to the City Planning Division. Photographic documentation shall be conducted in a manner acceptable to the City Planning Division and by an individual familiar with the recordation of historic buildings and prepared in a format consistent with the Historic American Buildings Survey (HABS) guidelines and standards for field photography. Views should include contextual views, all exterior elevations and detailed views of significant architectural/historical features. - 14 - VOTE Ayes: Nays: Abstain: Absent: Bloom, Holbrook, Katz, Shriver Genser, McKeown, O'Connor None None NOTICE If this is a final decision 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. .~~..~ ~;;,~..-:t MARIA M. STEWART, City Clerk 3 <:J-- '1. - 0 f- Date Acknowledqement by Permit Holder I agree to the above conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval. Signature Date Print name here Drivers License Number F:\CityPlanning\Share\COUNCIL\STOAS\2005\05APP-010 (1260 18th Street - UUCCSM) STOA.doc - 15 -