SR-051705-1B
.1~
MAY 11 2005
PCD: S F :AS: PF :f:\pcd\CityPla n n ing\share\Cou ncil\STOAS\2005\B BB appeal STOA.doc
Council Mtg: May 17, 2005 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 05-011 of the
Planning Commission's Approval of Development Review Permit 04-008
and Conditional Use Permit 04-016 for the Remaining Phases of the Big
Blue Bus Facility Expansion Plan
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 05-011 of the Planning Commission's approval of Development Review
Permit 04-008 and Conditional Use Permit 04-016 for the remaining phases of the Big
Blue Bus Facility Expansion Plan.
On April 12, 2005 the City Council denied the appeal and upheld the Planning
Commission's approval of the remaining phases of the Big Blue Bus Facility Expansion
Plan with elimination of one condition of approval. The City Council's decision was
based upon the findings contained in the attached Statement of Official Action.
BUDGET/FINANCIAL IMPACT
Certifying the Statement of Official Action has no budget or financial impacts. The
project is funded by regional transportation funds (Propositions A & C, State Transit
Assistance Funds, and Transportation Development Act Funds) allocated to the Big
Blue Bus.
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NJAY 1. 1 2D05
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
Paul Foley, Senior Planner
Planning and Community Development Department
Attachment: Statement of Official Action
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CITY OF SANTA MONICA
CITY COUNCIL
Ci ty of
Santa ~Ionicaw
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Appeal 05-011
Development Review 04-009
Conditional Use Permit 04-016
LOCATION: 612 Colorado Avenue
APPLICANT: Big Blue Bus
APPELLANT: Craig D. Jones
PROPERTY
OWNER: City of Santa Monica
CASE PLANNER: Paul Foley, Senior Planner
REQUEST: The remaining Phases 2 through 4 of the Big Blue Bus
Facility Expansion Master Plan, including a 75,885 square
foot, 3-story, 45' administration building at 612 Colorado
Avenue with 3 levels of subterranean parking containing
353 parking spaces; a 62,803 square foot, 2-story, 30'
vehicle maintenance building along yth Street between
Colorado Avenue and Olympic Boulevard; a 10,000
square foot, 2-story, 30' OPCC Access Center and
SW ASHLOCK facil ity to provide daytime services to the
City's homeless population located in the southwest
portion of the campus adjacent to SAMOSHEL; and a re-
paved and re-striped bus yard to accommodate parking
for 234 buses (222 with articulated buses).
CEQA STATUS: An Environmental Impact Report (EIR) was prepared for
the Big Blue Bus Facility Expansion Master Plan and was
certified by the City Council on February 27, 2001 along
with a Statement of Overriding Considerations.
Because the proposed project was modified since EIR
certification, three addenda to the EIR were prepared in
compliance with the provisions of Section 15164 of the
CEQA Guidelines to address the potential impacts of the
proposed project modifications. No additional significant
impacts or substantial increases in previously identified
significant impacts have been identified in the Addenda to
the EIR. In addition, the addenda did not identify any
changes to identified mitigation measures or project
alternatives or any changes to the feasibility of any
mitigation measures or project alternatives. Therefore,
none of the conditions calling for the preparation of a
subsequent EIR have resulted from these project
mod ifications.
CITY COUNCIL ACTION
April 12. 2005 Date.
Approved based on the following findings and subject to the
conditions below:
x
Appeal Denied. Appeal 05-011, based upon the following findings
and subject to the conditions below:
Other.
EFFECTIVE DATE OF ACTION:
April 12, 2005 (DR04-008; CUP04-016)
EXPIRATION DATE OF ANY PERMIT GRANTED:
April 12.2006 (DR04-008; CUP04-016)
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
6 months
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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
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
approximately 150,000 square foot project appears well-scaled to its 8.5 acre site
and the 2 to 3 story building heights mediate between the one-story to five-story
buildings to the north. The articulation of buildings and the varying fa~ade
treatments break down the mass and perceived scale, while providing substantial
pedestrian orientation. The project has been specifically designed to help ensure
neighborhood compatibility by locating the customer service and administrative
functions of the Big Blue Bus along Colorado Avenue, nearest the surrounding
residential and commercial uses. The vehicle maintenance and repair functions
are located on the portion of the site farthest away from the nearest residential
and commercial uses. Finally, the administration and maintenance and repair
buildings are connected in an L-shaped configuration which screens the bus yard
from public view.
2. The rights-of-way can accommodate autos and pedestrians, including parking
and access, in that pedestrian and vehicle access will be provided by Colorado
Avenue, 5th Street, 6th Street, yth Street, and Olympic Boulevard. In addition, the
Environmental Impact Report and three Addenda prepared for the project did not
identify any significant impacts associated with pedestrian or vehicle access.
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
Environmental Impact Report and three Addenda prepared for the project did not
identify any significant impacts associated with health and safety services or
public infrastructure.
4. Anyon-site provision of housing or parks and public open space, which are part
of the required 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 proposed project is not subject to the provisions of SMMC Part 9.04.10.12.
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5. The project is generally consistent with the Municipal Code and General Plan, in
that the Circulation Element of the General Plan, specifically Policy 4.5.5,
requires that the City "continue to support its local bus system to provide intra-
City Service, inter-City service to major employment centers, and connection to
regional transportation transfer points". Phases 2 through 4 of the Big Blue Bus
Facility Expansion Master Plan will provide an improved facility in support of the
Big Blue Bus operations.
6. Reasonable mitigation measures have been included for all adverse impacts
identified in the Initial Study or Environmental Impact Report, in that all mitigation
measures identified in the Environmental Impact Report prepared for the project
have been included as conditions of approval.
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, pursuant to Santa
Monica Municipal Code (SMMC) Section 9.04.06.080, City government uses
may be permitted in any district subject to the approval of a conditional use
permit. Phases 2 through 4 of the Big Blue Bus Facility Expansion Master Plan
are considered a city government use as a municipally owned transportation
company.
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 administrative and customer
oriented functions of the Big Blue Bus will be located in the C3 Downtown
Commercial district portion of the campus and the vehicle maintenance and
repair functions of the Big Blue Bus operations will be located in the M 1
Industrial Conservation district portion of the site.
3. The subject parcel is physically suitable for the type of land use being proposed.
in that the proposed site is a relatively flat, 8.5 acre site which provides excellent
vehicle and pedestrian access from Colorado Avenue, 5th Street, 6th Street, yth
Street and Olympic Boulevard.
4. The proposed use is compatible with the land uses presently on the subject
parcel if the present land uses are to remain, in that the proposed project
constitutes the remaining Phases 2 through 4 of the Big Blue Bus Facility
Expansion Master Plan which will guide the redevelopment and improvement of
the entire Big Blue Bus transportation yard.
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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 project constitutes Phases 2 through 4 of the Big
Blue Bus Facility Expansion Master Plan, which will provide for an improved
facility within its existing location. In addition, the new facility will enable the Big
Blue Bus to provide cleaner burning CNG and LNG vehicles which will improve
the air quality in the vicinity of the existing facility. Finally, the proposed project
is well scaled to the site and has been designed with extensive pedestrian
orientation.
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 site is located in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the site will be
adequately served from 5th Street, 6th Street, Colorado Avenue, 7th Street and
Olympic Boulevard.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that while the overall
project is substantial in size, it appears well-scaled to the site and acts to
mediate between the one-story to five-story buildings to the north. In addition,
the articulation of building forms employed, as well as the variety of fa<;ade
treatments break down the mass and perceived scale, while providing
substantial pedestrian orientation.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that the Circulation Element of the General Plan, specifically
Policy 4.5.5. requires that the City "continue to support its local bus system to
provide intra-City Service, inter-City service to major employment centers, and
connection to regional transportation transfer points". Phases 2 through 4 of the
Master Plan will provide an improved facility for Big Blue Bus operations.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed project, which constitutes
Phases 2 through 4 of the Big Blue Bus Facility Expansion Master Plan, is
consistent with the Zoning Ordinance and the Land Use Element of the General
Plan, and will provide an improved facility in support of Big Blue Bus operations.
In addition, the proposed project provides support for the new LNG buses and
CNG service vehicles of the Big Blue Bus to meet the City's clean air objectives.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, in that a performance standards permit is not
required.
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12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that no other transportation facilities are operating in the
area.
FINDINGS FOR EXEMPTION FROM SMMC SECTION 9.04.08.18.060(h)
1. The provisions of Chapter 9.04, Section 9.04.08.18.060(h) would result in
practical difficulties and un-necessary hardships inconsistent with the general
purpose and intent of this Chapter and there are exceptional circumstances and
conditions applicable to the proposed development that do not apply generally to
other development covered by this Chapter in that the Big Blue Bus
administration building is the headquarters of a municipally owned bus company.
The administration building of the Big Blue Bus has unique security requirements
which must put some limitation on the points of public entry given the nature of
the operations within - the facility must provide a safe and secure work
environment for approximately 450 employees on a 24-hour basis, daily fare
receipts are tabulated and stored within the facility, and bus tokens and passes
are sold from the customer service center on the first floor.
Section 9.04.08.18.060 (h) requires a minimum of five public entrances given the
project's unique street frontage which exists along 6th Street, Colorado Avenue
and yth Street. Three entrances are proposed along the street frontage in
addition to a public entrance from the subterranean parking garage and an
entrance from the bus yard parking area. The grade changes along Colorado
Avenue and yth Street create practical difficulties in providing additional entries
which are compliant with the Americans with Disabilities Act (ADA). The
installation of these entries would require the removal of significant amounts of
proposed landscaping, which is proposed to enhance the pedestrian experience
in the area and to filter urban runoff from the buildings.
2. The granting of an exception would not adversely affect the surrounding
properties or be detrimental to the district's pedestrian oriented environment in
that three building entrances will be provide along Colorado Avenue, including at
mid-building and that the corners of 6th and Colorado Avenue and yth Street and
Colorado Avenue. In addition, the extensive landscaping proposed along the
Colorado Avenue and 6th and yth Street building frontages is intended to enhance
the pedestrian experience in the area, which includes industrially-zoned areas to
the east and south of the administration building.
CONDITIONS:
Plans
1. This approval is for those plans dated February 18, 2005, a copy of which shall
be maintained in the files of the City Planning Division. Project development
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shall be consistent with such plans, except as otherwise specified in these
conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission, Architectural
Review Board or Director of Planning.
Architectural Review Boa~rd
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 pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
10. As appropriate, the Architectural Review Board shall require the use of anti-
graffiti materials on surfaces likely to attract graffiti.
11. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
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landscape maintenance and other standards contained in the Subchapter. The
Architectural Review Board shall review the landscaping plans and consider a
modification to the required landscaping within the paved bus yard.
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
application for landmark designation is filed, no demolition shall be approved until
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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)
Describe how demolition of any existing structures is to be accomplished; 3)
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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
reuselrecycling 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.
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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.
Construction Effects - Air Quality
30. Fugitive Dust Emission Reduction. Dust generated by the development activities
shall be kept to a minimum with a goal of retaining dust on the site as follows:
During clearing, grading, earth moving, excavation, or transportation of cut
or fill materials, water trucks or sprinkler systems are to be used to prevent
dust from laving the site and to create a crust ater each day's activities
cease. Provisions shall be made prior to ad during watering to prevent
runoff from leaving the site.
During construction, water trucks or sprinkler systems shall be used to keep
all areas of vehicle movement damp enough to prevent dust from leaving
the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind
exceeds 15 miles per hour.
Soil stockpiled for more than 2 days shall be covered, kept moist or treated
with soil binders to prevent dust generation.
These requirements should be included on all grading plans.
31. Ozone Precursor Control Measures. Any construction equipment used on the
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site must meet the following conditions in order to reduce NOx emissions:
The engine size must be the minimum practical size;
The number of pieces of equipment operating simultaneously must be
minimized through efficient management practices;
Construction equipment must be maintained in tune per manufacturer's
specifications;
Equipment shall be equipped with 2 to 4 - degree engine timing retard or
pre-combustion chamber engines;
Catalytic converters shall be installed, if feasible;
Diesel-powered equipment such as booster pumps or generators should be
replaced by electric equipment, if feasible; and
Construction truck trips shall be scheduled, to the extent feasible, to occur
during non-peak hours.
These requirements shall be included on all grading plans.
Construction Effects - Noise
32. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
33. Electrical power shall be used to run air compressors and similar power tools.
34. Construction shall comply with the City of Santa Monica Noise Ordinance. All
construction activity which generates noise levels above those allowed by the
City of Santa Monica Noise Ordinance shall be limited to between the hours of
10:00 am and 3:00pm.
Construction Effects - Traffic, Parking and Circulation
35. Provide locations for construction worker parking and employee parking that will
minimize loss of existing street parking spaces.
36. Maintain pedestrian access to retail and commercial uses along Colorado
Avenue.
37. Access to the site must be by City designated truck routes that prohibit the use of
residential streets. Prepare a traffic control plan for streets surrounding the
project areas with specific information regarding any construction activities that
may disrupt area traffic flow.
38. Prohibit hauling if dirt, construction debris, and construction materials during the
morning and afternoon peak traffic periods.
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Construction Effects - Cultural and Historic Resources
39. At the commencement of project construction, all workers associated with earth
disturbing procedures shall be given an orientation regarding the possibility of
exposing unexpected cultural remains by an archaeologist and directed as to
what steps are to be taken is such a find is encountered.
40. In the event that archaeological resources are unearthed during project
construction, all earth disturbing work within the vicinity of the find must be
temporarily suspended or redirected until an archaeologist has evaluated the
nature and significance of the find. After the find has been appropriately
mitigated, work in the area may resume.
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 HAHC will then identify the person(s)
thought to be the Most Likely Descendent (MLD) of the deceased Native
American, who will then help determine what course of action should be taken in
dealing with the remains.
Construction Effects - Hazards
41. Consistent with the 1994 Federal Occupational Exposure to Asbestos Standards,
a Licensed Asbestos Inspector shall be retained to determine the presence of
asbestos and asbestos containing materials (ACM) within structures to be
demolished on the project site. If asbestos is discovered, a Licensed Asbestos
Abatement Contractor shall be retained to safely remove all asbestos and ACM's
from the site.
Employment, Housing and Population
42. Displaced businesses shall be eligible to receive relocation assistance and/or
monetary compensation consistent with the Uniform Relocation Assistance and
real Property Acquisition Policies Act of 1970, as amended. The City of Santa
Monica Big Blue Bus shall be responsible for assisting any businesses and
employees displaced during construction of the proposed project in finding
temporary accommodations and shall compensate tenants for those
accommodations (such as hotel costs or relocation of business costs).
Miscellaneous Conditions
43. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
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44. 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.
45. 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.
46. 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.
47. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a soundrated parapet
enclosure.
48. 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.
49. 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.
50. 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 Conditional Use
Permit 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
51. 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.
52. Within ten days of Planning Division transmittal of the Statement of Official
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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.
53. 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 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 one year 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 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.
Monitoring of Conditions
54. 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 Planning and Community 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 con-
ditions 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.
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Special Conditions
55. Prior to the issuance of a building permit for the proposed project, a legal
instrument shall be prepared and filed with the County Recorder that combines
the seven parcels that comprise the project site into a single building site.
56. The first floor space at the corner of yth Street and Colorado Avenue shall be
activated with pedestrian oriented uses that are accessed directly from the public
sidewalk and in operation during normal business hours.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Bloom, Genser, Holbrook, McKeown, and O'Connor
Shriver
Katz
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.
'~.~~
MARIA M . STEWART, Ity Clerk
~
Date
AcknowledQement bv 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\pcd\CityPlanning\Share\Council\STOAS\05\BBB appeal STOA.doc
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