SR-402-007 (30)
1C
PCD:SF:AA:f:\plan\admin\civctr\ccparking\cc appeal\stoa strpt.doc
Council Mtg: June 24, 2003 Santa Monica, California
JUN 2 4 2003
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for the Civic Center Parking
Structure, 1685 Main Street. Applicant: City of Santa Monica. Appellant:
Maureen Gorson, Esq. for Doubletree Guest Suites Santa Monica
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for the Council's denial of Appeal 03-002, upholding the Planning Commission's
approval of Development Review Permit 02DR-010 for the Civic Center Parking
Structure.
On May 20, 2003, the City Council upheld the Planning Commission's approval of this
application, certifying Final Environmental Impact Report 02-003 and adopting a
statement of overriding considerations and mitigation monitoring plan. 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.
ic
1
JUN 2 4 2003
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
Prepared by: Suzanne Frick, Director
Andy Agle, Assistant Director
Planning and Community Development Department
Attachment: Statement of Official Action
2
e
J
-
City of Santa Monica
City Planning Division
City of
Santa Moniea@
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Development Review Permit 02-010
LOCATION: 1685 Main Street
APPLICANT: City of Santa Monica
PROPERTY
OWNER: City of Santa Monica
CASE PLANNER: Andy Agle, Assistant Director
REQUEST: The proposed project is a 244,930-square foot public
parking structure of five levels above grade with rooftop
parking and one and one-half levels of below-grade
parking, accommodating a maximum of 880 parking spaces
with a community meeting room and street-level leasable
tenant spaces. The project site consists of an
approximately one-acre, rectangular-shaped parcel that is
bound by Fourth Street on the east, Civic Center Drive on
the south, Avenida Mazatlan alley on the west, and the
future Olympic Drive on the north. The proposed height is
55'8" high, with the parapets projecting 42 inches, trellises
projecting 11 feet, and elevator enclosures projecting 13
feet above the roof height. The applicant has received
approval of a Development Review Permit because more
than 30,000 square feet of floor area is proposed.
CEQA STATUS: An Environmental Impact Report was certified on May 20,
2003. A Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Plan were also
approved on Mav 20,2003.
1
CITY COUNCIL ACTION
May 20, 2003
Date.
May 20, 2003
Approved based on the following findings and subject to the conditions
below.
Denied.
Other.
EFFECTIVE DATES OF ACTION:
May 20, 2003
Development Review Permit 02-010
EXPIRATION DATE OF ANY PERMITS GRANTED:
March 20, 2005 Development Review Permit 02-010
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
Development Review Permit 02-010
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
1. The physical location, size, massing, and placement of the proposed structure on the
site and the location of the proposed uses within the project are compatible with and relate
harmoniously to the surrounding sites and neighborhoods, in that the Civic Center Parking
Structure will provide critical parking resources to support adjacent community-serving
facilities, including City Hall, the Public Safety Facility, County Courthouse and Civic
Auditorium, and will help provide for the eventual conversion of nearby surface parking to
community-oriented uses. The five-level, 55'8", 244,930-square foot building will have
frontage along Fourth Street and Olympic and Civic Center Drives and will be of a scale
and massing comparable to the surrounding buildings in the neighborhood which range in
size from three to eight stories in height and include a variety of styles and uses, including
the eight-story Doubletree Hotel, four-story Public Safety Facility (under construction),
2
three-story City Hall, five-story RAND Headquarters (under construction), and eight-story
Viceroy Hotel. The building will contain pedestrian entrances adjacent to the three streets,
a community room, and leasable tenant spaces with extensive glazing on the first and
second levels adjacent to Fourth Street and Olympic Drive in order to enhance the
structure's pedestrian orientation.
2. The rights-of-way can accommodate autos and pedestrians, including parking and
access, in that the design of the Civic Center Parking Structure provides pedestrian access
from Olympic Drive, Fourth Street and Civic Center Drive. Bus access will continue to be
provided from Fourth Street at Civic Center Drive. Direct vehicular access will be provided
from Avenida Mazatlan alley in order to limit the potential for congestion and pedestrian
interference on Olympic Drive, Fourth Street, and Civic Center Drive.
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 Civic Center Parking
Structure is located within an urbanized area that is already served by existing
infrastructure. No new safety services or public infrastructure will be required by this
project, and the project will enhance the provision of public safety services by providing
additional secured parking for the Public Safety Facility.
4. Anyon-site provision of housing or parks and public open space, which are part of the
project mitigation measures required by Subchapter 9.04.70 and Section 9.04.10.12 of the
Santa Monica Zoning Ordinance, is satisfactory to meet the goals of the mitigation
program, in that no such requirement is applicable to the construction of the Civic Center
Parking Structure.
5. The project is generally consistent with the Municipal Code, Civic Center Specific Plan
and General Plan, in that the Civic Center Parking Structure is being constructed as
specifically designated and called for in the Civic Center Specific Plan in order to allow for
the consolidation of surface parking lots in the Civic Center area into structured parking in
order to allow for more intensive, community-oriented use of that land.
6. Reasonable mitigation measures have been included for most adverse impacts
identified in the 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.
CONDITIONS
Plans
1 The approval is for those plans dated May 20, 2003, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified in these conditions of
approval and including a community meeting room of no more than 2,500 square
feet.
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
3
Plan policies of the City of Santa Monica.
3. Final parking layout and specifications shall be subject to review and approval of the
Transportation Management Division.
4 Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. A significant change in the approved
concept shall be subject to review by the Planning Commission, and City Council on
appeal. Construction shall be in conformance with the plans submitted or as
modified by the Planning Commission, City Council on appeal, Architectural Review
Board or Director of Planning and Community Development.
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 the review and approval by the Architectural Review Board.
9. The Architectural Review Board, in its review, shall pay particular attention to the
street-level awnings; creation of a gateway element on the south facade of the
project; implementation of a landscaping plan for the Fourth Street frontage which
combines parkway landscaping adjacent to the curb with landscaping at the building
fa~ade, provided that such landscaping does not detract from the building's
pedestrian experience and character; as well as pay attention to pedestrian
orientation and amenities; scale and articulation of design elements; exterior colors,
textures, and materials; window treatment; glazing; and landscaping. However,
architectural and landscaping refinements shall not reduce the total number of
parking spaces below what is shown on the plans dated May 20,2003, except as
associated with the addition of the community meeting room.
10. As appropriate, the Architectural Review Board shall require the use of anti-graffiti
materials on surfaces likely to attract graffiti.
11. Landscaping plans shall comply with Subchapter 5B (Landscape Standards) ofthe
Zoning Ordinance including the use of water-conserving landscaping materials,
4
landscaping maintenance and other standards contained in the Subchapter.
12. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Sections 9.04.10.02.130 through 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 area and equipment. Any rooftop mechanical equipment shall be
minimized in height and visual 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.
Demolition
13. 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. No street trees shall be removed without the
approval of the Open Space management Division.
14. Immediately after demolition of the parking lot and during construction, a security
fence, the height of which shall be the maximum permitted by the Zoning Ordinance
(8'), shall be maintained around the perimeter of the lot. The lot shall be kept clear
of all trash, weeds, etc. Mesh fabric shall be installed on the fence to reduce the
amount of dust leaving the site.
15. Prior to the issuance of any demolition of construction permits, a demolitions
materials recycling plan, which seeks to maximize the reuse / recycling potential of
existing building materials, shall be filed for approval by the Department of
Environmental and Public Works Management.
16 Until such time as demolition is undertaken, and unless the parking lot is currently in
use, the existing parking lot shall be maintained and secured by 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.
17. Priorto 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.
18. No demolition of buildings or structures 40 years 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.
5
Construction
19. Unless otherwise approved by the Department of Environmental and Public Works
Management, all sidewalks shall be kept clear and passable during the grading and
construction phase of the project.
Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as
a result of the project, as determined by the Department of Environmental and
Public Works Management, shall be constructed to the satisfaction of 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 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.
23 The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
24. 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
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 showerhead.)
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 a 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 run-off 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
6
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;
· Any 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 poles 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 toward permeable areas; modification of
grade; use of retention structures; and other methods.
28. Pursuant to Mitigation Measure AES-2(a), the applicant shall design exterior
building lighting to ensure that no light projects on adjacent sites. Exterior lighting
shall incorporate "cut-off' shields as appropriate to prevent an increase in lighting at
adjacent and nearby uses.
Pursuant to Mitigation Measure AES-2(b), landscape illumination and exterior sign
lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting
shall be shielded to direct light pools away from off-site viewers.
30. Pursuant to Mitigation Measure AES-2(c), finish materials, including glazing, shall
be of a low reflectivity to minimize glare. Development shall include low-reflective
roofing materials to reduce glare potential for nearby development that may have
downward views of the project's roof.
Pursuant to Mitigation Measures CON-1 and CON-3(d), the applicant shall prepare
and implement a Construction Impact Mitigation Plan to provide for traffic and
parking capacity management and construction mitigation during construction. The
plan shall be subject to review and approval by the Departments of Environmental
and Public Works Management and Planning and Community Development prior to
issuance of a building permit. The approved construction plan shall be posted on
the construction site for the duration of the project construction and shall be
produced upon request. The plan, at a minimum, shall include the following:
Names, addresses, telephone numbers and business license numbers of all
contractors and subcontractors, as well as the developer and architect;
A telephone number for local residents to call to submit complaints associated
with construction noise; the number shall be posted on the project site and shall
7
be easily viewed from adjacent public areas;
· A description of how demolition of any existing structures is to be accomplished;
· Where any cranes are to be located for erection / construction;
· How much of the public street, alleyway, or sidewalk is proposed to be used in
conjunction with the construction;
· Anticipated construction-related truck routes, number of truck trips, hours of
hauling and parking location;
Approval from the City, or Caltrans if necessary, must be obtained for any
construction detours or construction work requiring encroachment into public
rights-of-way, or any other street use activity (e.g. haul routes);
Scheduling and expediting of work to cause the least amount of disruption and
interference to the adjacent vehicular and pedestrian traffic flow. Weekday
daytime work on City streets shall primarily be performed between the hours of
9:00 AM and 3:00 PM;
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;
Timely notification of construction schedules to all affected agencies (e.g. Police
Department, Fire Department, Department of Public Works, Department of
Planning and Community Development, Los Angeles County Superior Court,
Los Angeles County Sheriff's Department, and transit agencies);
· Coordination of construction work with affected agencies five to ten days priorto
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;
· The extent and nature of any pile-driving operations;
· The length and nature of any tiebacks which must extend under the property of
other persons;
The nature and extent of any dewatering and its effect on any adjacent
buildings;
· The nature and extent of any helicopter hauling;
· Whether any construction activity beyond normally permitted hours is proposed;
· Any proposed construction noise mitigation measures;
· Construction-period security measures including any fencing, lighting and
security personnel;
A drainage plan;
· A construction-period parking plan which shall minimize the use of public streets
for parking;
· A designated on-site construction manager;
· A construction materials recycling plan which seeks to maximize the reuse /
recycling of construction waste;
· A plan regarding the use of recycled and low-environmental-impact materials in
building construction;
A construction period water runoff control plan
· A public information program to advise motorists of impending construction
activities (e.g. media coverage, portable message signs, and information signs
8
at the construction site);
Minimizing dirt and demolition material hauling and construction material delivery
during the morning and afternoon peak traffic periods and cleaning of streets
and equipment as necessary;
Storage of construction material and equipment within the designated work area
and limitation of equipment and material visibility to the public; and
· Provision of off-street parking to workers that currently use the existing site, Civic
Auditorium parking lot, and construction employees, which may include the use
of a remote location with shuttle transport to the site, if determined necessary by
the City of Santa Monica.
32. Pursuant to Mitigation Measure CON-2(a), during construction, dust generated by
the development activities shall be kept to a minimum with a goal of retaining dust
through implementation of the following:
· 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
leaving the site and to create a crust after each day's activities cease.
Provisions shall be made prior to and during watering to prevent runoff from
leaving the site.
· During clearing, grading, earth moving, excavation or transportation of cut of fill
materials, streets and sidewalks within 150 feet of the site perimeter shall be
swept and cleaned a minimum of once daily;
· 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 two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
33. Pursuant to Mitigation Measure CON-2(b), during construction, any construction
equipment used on the site must meet the following conditions in order to reduce
NOx emissions:
· 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
precombustion 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
· Limiting the operation of heavy-duty construction equipment (e.g. 175-HP
forklifts, wheeled tractors, tracked tractors) to no more than five pieces of
equipment at anyone time.
34. Pursuant to Mitigation Measure CON-2(c), low-VOC architectural coatings shall be
used in construction whenever feasible and shall coordinate with the SCAQMD to
9
determine which coatings would reduce VOC emissions to the maximum degree
feasible.
35. Pursuant to Mitigation Measure CON-3(a), during construction, all diesel equipment
shall be operated with closed engine doors and shall be equipped with factory-
recommended mufflers.
36. Pursuant to Mitigation Measure CON-3(b), during construction, electrical power shall
be used to run air compressors and similar power tools.
Pursuant to Mitigation Measure CON-3(c), for all noise-generating construction
activity on the project site, additional noise attenuation techniques shall be
employed to reduce noise levels to City of Santa Monica noise standards, such
techniques shall include, but are not limited to, the use of sounds blankets on noise-
generating equipment and the construction of temporary sound barriers between
construction sites and nearby sensitive receptors.
Pursuant to Mitigation Measure GEO-2, a geotechnical study shall be prepared for
the project site, prior to site development. This report shall include an analysis of
the liquefaction potential of the underlying materials. If the site is found to be prone
to seismically induced liquefaction, appropriate techniques to minimize liquefaction
potential shall be prescribed and implemented. If found to be necessary, suitable
measures to reduce liquefaction impacts could include, but are not limited to:
· specialized design of foundations by a structural engineer;
· removal or treatment of liquefied soils to reduce the potential for liquefaction;
· drainage to lower the groundwater table to below the level of liquefiable soils;
· in-site densification of soils; or
· other alterations to the ground characteristics.
Any recommended measures to minimize liquefaction potential specified by the
geotechnical study shall be fully implemented in accordance with Uniform Building
Code and California Building Code requirements.
39. Pursuant to Mitigation Measure GEO-3(a), the geotechnical study shall include an
evaluation of the potential for slope stability at the site. The information obtained
shall be used to design the excavation and excavation shoring to prevent
destabilization of the excavation sidewalls. Any recommendations contained in the
geotechnical report shall be fully implemented.
Pursuant to Mitigation Measure GEO-3(b), the parking lot design shall consider a
mechanism of removing groundwater, if it is shown to be present at this site. The
groundwater removal design shall consider historical ranges in depth to
groundwater. The removal system shall be designed to prevent the parking garage
from flooding.
41 Pursuant to Mitigation Measure GEO-3(c), all walls ofthe parking structure shall be
waterproofed to protect against corrosive effects of water contact.
Pursuant to Mitigation Measure GEO-4, Prior to issuance of a building permit for the
10
foundation or superstructure, whichever occurs first, soil samples offinal sub-grade
areas and excavation sidewalls shall be collected and analyzed for their expansion
index. For areas where the expansion index is found to be greater than 20, the
appropriate grading and foundation designs shall be engineered to withstand the
existing conditions. The expansion testing may be foregone if the grading and
foundations are engineered to withstand the presence of highly expansive soils.
Pursuant to Mitigation Measure HHM-1 (a), all earth-moving contractors shall be
directed to be aware of the possibility of contaminants during site grading. If
contaminants are suspected, soil samples are to be obtained and analyzed to
determine whether there are contaminants, and if present, to determine the type
and concentrations of contaminants. The sample results are to be used to make a
determination as to where to transport the material for off-site disposal, or to
determine if the soils can be used onsite.
44. Pursuant to Mitigation Measure HHM-1 (b), if contaminants are detected, the results
of the soil sampling within the Phase II ESA shall be forwarded to the local
regulatory agency (City of Santa Monica Environmental Program Division, Los
Angeles Regional Water Quality Control Board, and/or the State of California
Environmental Protection Agency Department of Toxic Substances Control). The
agency should review the data and either sign off on the property or determine if
any additional investigation or remedial activities are deemed necessary.
45. Pursuant to Mitigation Measure T-2, prior to issuance of a certificate of occupancy,
the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico
Boulevard to provide a protected phase for the westbound left-turn movement.
Implementation of this measure would necessitate the provision of some
combination of new signage, controller cabinets, poles, mast arms, detectors,
and/or signal heads.
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).
47 The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities or other
actions.
Street and 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.
49. 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
11
not exceed maximum allowable levels for the applicable noise zone,
Final building plans submitted for approval of a building permit shall include on the
plans a list of all mechanical equipment to be place outdoors and all permanent
mechanical equipment to be place indoors which may be heard outdoors.
51. Prior to issuance of a Final Inspection, the application shall post a notice at the
building entry stating that the site is regulated by a Development Review Permit
(DR02-003) and that the Statement of Official Action, which includes the
establishment's conditions of approval, is available upon request. This notice shall
remain posted at all times the establishment is in operation.
Validity of permits
In the event permittee violates or fails to comply with any conditions of approval of
this permit, no further permits, licenses, approvals or certificates of occupancy shall
be issues until such violation has been fully remedied.
53. Within ten days of Planning Commission 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 the condition shall constitute ground for potential permit
revocation.
54. The approval of DR02-003 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
appeal. Any appeal must be made in the form required by the Zoning Administrator.
The approval of these permits 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 permits shall
also expire if the building permit expires, if the 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 not
Certificate of Occupancy is required, the last required final inspection of 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 relevant to the project have changed since project
approval.
Monitoring of Conditions
55. Pursuant to the requirements of Public Resources Code Section 21081.6, the City
Planning Division will coordinate a monitoring and reporting program regarding any
12
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 Transportation Management Division, the Fire
Department, the Police Department, the Community and Cultural Services
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 related to their approval. 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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Bloom, Feinstein, Genser, McKeown
Holbrook, Katz, O'Connor
None
None
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 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.
12tWa~~)
/ Maria M. te art, City Cler
~ ./t ~tl2$
I here;~~ree to the above conditions of approval and acknowledge that failure to comply
with <<,Londitlons shan constnute grounds for potential revocation of the permn approval.
~ ~./JN/)~t>AJ.' klsr/W7 ~ 1J?f+N~f3rL
Print Name and Title
13