SR-402-007 (4)
PCD:SF:JT:AS:PF:f:\plan\share\council\stoas\wnorthmainst.doc Santa Monica, California
Council Mtg: March 26, 2002
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 01-036 Approving
Development Review Permit 99-013; Conditional Use Permit 01-016 and
Vesting Tentative Parcel Map 25566 for a Mixed-Use Project at 2012-2024
Main Street. Appellant: Calstar Equities, Inc.
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action for
Appeal 01-036 of the Planning Commission’s decision to deny Development Review
Permit 99-013; Conditional Use Permit 01-016 and Vesting Tentative Parcel Map 25566for
a Mixed-Use Project at 2012-2024 Main Street.
On February 26, 2002 the City Council voted 6-0 with one Council member absent to
uphold the appeal and approve the project. 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.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official Action.
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Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Planning and Community Development Department
Attachment: Statement of Official Action
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Appeal 01-036 of Planning Commission denial of
Development Review Permit 99-013; Conditional Use
Permit 01-016; and Vesting Tentative Parcel Map 25566
LOCATION: 2012-2024 Main Street
APPLICANT: Calstar Equities, Inc.
CASE PLANNER: Paul Foley, Senior Planner
REQUEST: Application for a Development Review Permit, Conditional
Use Permit, and Vesting Tentative Parcel Map 25566 to
allow the construction of a mixed use, 4-story 35’ high
building with 135,045 square feet of floor area including
112,604 square feet of residential use, 11,549 square feet
of commercial use at the ground floor, and 10,892 square
feet of below grade space for use by residents including a
TV room, recreation room, gym, community rooms and
storage. The proposed building has a total of 107
residential units (6 single units, 5 one-bedroom units, 41
one-bedroom plus study units, 51 two-bedroom units, 3
two-bedroom plus study units and 1 three-bedroom unit)
and a three-level subterranean parking garage with 290
parking spaces accessed from Bicknell Avenue.
CEQA STATUS: An Environmental Impact Report was prepared for the
project in compliance with the California Environmental
Quality Act (CEQA). The Environmental Impact Report
was certified by the City Council on February 12, 2002 and
the City Council adopted a Statement of Overriding
Considerations and Mitigation Monitoring Program on
February 26, 2002.
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CITY COUNCIL COMMISSION ACTION
February 26, 2002 Date.
______x______ Upheld the appeal and approved DR 99-013, CUP 01-016, and VTPM
25566 based on the findings and conditions of approval listed below.
_______________ Denied.
_______________ Other.
EFFECTIVE DATES OF ACTION:
February 26, 2002 Development Review Permit 99-013
February 26, 2002 Conditional Use Permit 01-016
February 26, 2002 Vesting Tentative Parcel Map 25566
Development Review Permit Findings – DR99-013
1. The physical location, 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. The proposed project, a
four story, 135,045 square foot mixed-use development with 290 parking spaces
within 3 levels of subterranean parking is consistent with the pattern of development
in the area. The project provides differing architectural style components in 60’
segments, greater setbacks and articulation and varying roof heights along the
Main Street façade which minimizes the perception that the building is a single
structure and provides a better visual transition from the subject building to the
surrounding properties. The project design includes greater upper level stepbacks
than required by Code, increased street level landscaping and gabled roof
elements to help the visual transition along Bay Street. The façade at the corner of
Bicknell and Main Street is designed to reduce the visual ‘height’ impact of the
building corner through an emphasis on “horizontality” in the design. The project
also includes the addition of a 3’ wide sidewalk on the project site in addition to the
existing 5’ wide public sidewalk along Neilson Way to improve the pedestrian
access and pedestrian environment on Neilson Way and further integrate the
building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
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2. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that vehicular access to the site will be provided from
Bicknell Avenue, a 56’ wide, 2-lane street. Vehicular access from outside the area
is primarily available from Main Street, a 60’ wide, 2-lane street and Neilson Way,
a 48’ wide, 4-lane street. Pedestrian access will be provided by an 8’ wide sidewalk
along Neilson Way, a 10’ wide sidewalk along Main Street, a 12’ wide sidewalk
along Bicknell Avenue and a 10’ wide sidewalk along Bay Street. On-site parking
spaces will be provided in excess of that required by Code.
3. The health and safety services (police, fire, etc.) and public infrastructure (e.g.
utilities) are sufficient to accommodate the new development in that the Final
Environmental Impact report prepared for the project did not identify any adverse
project impacts in these areas.
4. Any on-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, satisfactorily
meets the goals of the mitigation program in that the proposed project is not subject
to this Part since the project does not provide general office or medical office uses
in excess of 15,000 square feet.
5. The proposed project is generally consistent with the Municipal Code and General
Plan in that the intent of mixed-use development, as stated in Land Use Element
Policy # 1.2.1 is to provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The proposed project is consistent with
these Land Use Element objectives and policies.
The proposed project provides a sensitive transition to adjacent buildings and uses.
Although the proposed building occupies an entire City block, the project has been
designed with increased setbacks and stepbacks, articulation and changes in
plane, varying architectural styles and materials along its street fronts, increased
landscaping and varying roof heights to create a better fit with the adjacent
residential neighborhood. The project is designed with ground floor retail and upper
level multi-family residential uses which have separate and secure entrances and
exits, as well as separate common areas, refuse and recycling rooms, and
subterranean parking areas.
6. Reasonable mitigation measures have been included for most adverse impacts
identified in the Final Environmental Impact Report and has adopted a Statement of
Overriding Considerations for those significant and unavoidable impacts that cannot
be mitigated.
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Conditional Use Permit Findings CUP01-016
1. The proposed use is one conditionally permitted within the CM Main Street
Commercial District and complies with all of the applicable provisions of the Zoning
Ordinance in that the multi-family residences, a permitted use in the CM district,
require a Conditional Use Permit as they occupy greater than 7,500 square feet of
floor area within the proposed project. In addition, a Zoning Ordinance Text
Amendment is being approved concurrently with this application to bring the
proposed project into compliance with the Zoning Ordinance and allow the ground
floor multi-family residences along the Bicknell Avenue frontage.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the proposed project provides
differing architectural style components in 60’ segments, setbacks and articulation
and varying roof heights along the Main Street façade. These design elements
reduce the perception of the building as a single entity and provide a better visual
transition from the subject building to the surrounding properties. The project design
includes greater upper level stepbacks than required by Code, increased street
level landscaping and gabled roof elements to help the visual transition along Bay
Street. Along Bicknell Avenue, the façade at the corner of Bicknell and Main Street
is designed to reduce the visual ‘height’ impact of the building corner. The project
also includes the addition of a 3’ wide sidewalk on the project site in addition to the
existing 5’ wide public sidewalk along Neilson Way to improve the pedestrian
access along the east side of the 2000 block of Neilson Way and improve the
integration of the building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
3. The subject parcel is physically suitable for the type of land use being proposed in
that the subject site is a previously developed parcel of level grade.
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 as no present land uses will be
retained on-site.
5. The proposed use would be compatible with existing and permissible land uses
within the CM Main Street Commercial District and the general area in which the
proposed use is to be located in that the proposed project is a mixed-use
development with ground floor retail uses and upper level multi-family residences
which are compatible with the retail and service uses along Main Street and the
multi-family residential developments in the adjacent neighborhoods.
6. There are adequate provisions for water, sanitation and public utilities and services
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to ensure that the proposed use would not be detrimental to public health and
safety in that the Final Environmental Impact Report prepared for the project did not
identify any adverse unavoidable project impacts in these areas.
7. The City Council finds that public access to the proposed uses will be adequate in
that vehicular access to the site will be provided from Bicknell Avenue, a 56’ wide,
2-lane street. Vehicular access from outside the area is primarily available from
Main Street, a 60’ wide, 2-lane street and Neilson Way, a 48’ wide, 4-lane street.
Pedestrian access will be provided by a 10’ wide sidewalk along Main Street, an 8’
wide sidewalk along Neilson Way, a 10’ wide sidewalk along Bay Street and a 12’
wide sidewalk along Bicknell Avenue.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed project
is a four story, 135,045 square foot mixed-use project with 107 multi-family
residential units located in a commercial district which is adjacent to a multi-family
residential neighborhood. The project provides differing architectural style
components in 60’ segments, greater setbacks and articulation and varying in roof
heights along the Main Street façade which minimizes the perception that the
building is a single structure and provides a better visual transition from the subject
building to the surrounding properties. The project design includes greater upper
level stepbacks than required by Code, increased street level landscaping and
gabled roof elements to help the visual transition along Bay Street. Along Bicknell
Avenue, the façade at the corner of Bicknell and Main Street is designed to reduce
the visual ‘height’ impact of the building corner. The project also includes the
addition of a 3’ wide sidewalk on the project site adjacent to the existing 5’ wide
public sidewalk along Neilson Way to improve the pedestrian access and
pedestrian environment along the east side of the 2000 block of Neilson Way and
further integrate the building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
9. The City Council finds that the propose use, a mixed-use project, is consistent with
the goals, objectives and policies of the General Plan in that Land Use Element
Policy 1.2.1 states that the City should: “Encourage residential mixed-use of
appropriate commercially zoned parcels, in order to provide a better transition
between commercial and adjacent residential uses, to enhance security and
increase hours of use in metropolitan areas”. The proposed project is a mixed-use
project with multi-family residential uses on the upper floors that is proposed for a
commercial parcel which has multi-family residential uses on 3 sides.
10. The proposed use would not be detrimental to the public interest, health, safety
convenience or general welfare in that the proposed use will provide market rate
apartment housing that is in great demand and will contribute more than $379,000
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to the City’s Affordable Housing Production Program whose purpose is to provide
funding for the development of affordable housing throughout the City.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12, Section 9.04.12.010 and special conditions
outlined in Subchapter 9.04.14, Section 9.04.14.010 in that the proposed project is
not subject to these performance standards.
12. The proposed use will not result in an over concentration of such uses in the
immediate area in that are no other similar developments in the immediate area and
mixed-use developments with residential components are encouraged in all
commercial districts in the City.
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision for its design and
improvements, is consistent with applicable general and specific plans as adopted
by the City of Santa Monica, in that Land Use Element Policy 1.2.1 states that
development should provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The improvements associated with the
proposed subdivision are consistent with these policies.
The proposed East Project, with its 10’ setback along the rear 60’ of the building, is
consistent with the pattern of development in the area where the residences to the
east of the project site consist of buildings that are set back between 10’ and 15’
from the property line. In addition, the 120’ front elevation of the proposed project
along Main Street provides architectural style elements that replicate a 60’
development pattern which is most characteristic of the Main Street area. The
proposed building provides a transition between its commercial uses and the
abutting residential area in that the ground floor commercial uses within the building
are located along Main Street whereas the ground floor residential uses are located
within the rear 60’ of the building which is adjacent to the nearby residential district.
The project is designed with ground floor retail and upper level multi-family
residential uses which have separate and secure entrances and exits, as well as
separate common areas, refuse and recycling rooms and subterranean parking
areas.
The proposed West Project provides a sensitive transition to adjacent buildings and
uses. Although the proposed building occupies an entire City block, the proposed
building has been designed with increased setbacks and stepbacks, significant
articulation and changes in plane, varying architectural styles and materials along
its street fronts, increased landscaping and varying roof heights to create a better fit
with the adjacent residential neighborhood. The project is designed with ground
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floor retail and upper level residential uses which have separate and secure
entrances and exits, separate common areas and refuse and recycling rooms and
separate subterranean parking areas.
2. The sites are physically suitable for the proposed type of development, in that they
are standard lots with no unusual characteristics.
3. The sites are physically suitable for the proposed density of development, in that
the 18,000 square foot lot for the East Project and the 49,880 square foot lot for the
West Project in the Main Street Commercial District can accommodate more units
than proposed for either site.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed development is an infill of urban land
and does not currently support fish or significant wildlife.
5. The design of the subdivision or the type of improvement will not cause serious
public health problems, in that the proposed development complies with the
provisions of the Zoning Ordinance and the General Plan.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through, or use of, property
within the proposed subdivision, in that no such easements exist on the subject
sites and the properties have vehicular access from Bicknell Avenue and pedestrian
access from Main Street, Bicknell Avenue, Bay Street and Neilson Way.
Conditions of Approval – DR 99-013 and CUPO1-016
Plans
1. This approval is for those plans dated 2/12/02, a copy of which shall be maintained
in the files of the City Planning Division. Project development shall be consistent
with such plans, except as otherwise specified in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance), and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and
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 from the approved
concept, including any change of use from the approved plans, shall require an
amendment to Development Review Permit 99-013 and be subject to Planning
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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 and Community Development.
Architectural Review Board
5. Any plans for final design of landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
6. 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.
7. 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
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8. The Architectural Review Board, in its review of the project’s building design,
materials, colors and landscaping, shall pay particular attention to the project's
compatibility with the surrounding mix of commercial and multi family structures;
pedestrian orientation and amenities; scale and articulation of design elements;
exterior colors, textures and materials; window treatment; glazing; exterior lighting
and landscaping.
9. Construction period signage shall be subject to the approval of the Architectural
Review Board.
10. 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 that Part.
11. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. 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 (unless located within a
mechanical room).
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12. No gas or electric meters shall be located within the required frontyard setback
areas. The Architectural Review Board in its review shall pay particular attention to
the location and screening of such meters.
Construction
13. 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.
14. 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.
15. Sidewalks, curbs, gutters, street or alley paving and driveways which, as a result of
the project, are substandard or need replacing or removal 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 building
permits.
16. Vehicles hauling dirt or other construction debris from the site shall cover any open
load with a tarpaulin or other secure covering to minimize dust emissions.
17. 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
site for the duration of the project construction and shall be produced upon request.
As applicable, this plan shall: 1) Specify the names, addresses, telephone numbers
and business license numbers of all contractors and subcontractors as well as the
developer and architect; 2) Describe how demolition of any existing structures is to
be accomplished; 3) Indicate where any cranes are to be located for
erection/construction; 4) Describe how much of the public street, alleyway, or
sidewalk is proposed to be used in conjunction with construction; 5) Set forth the
extent and nature of any pile-driving operations; 6) Describe the length and number
of any tiebacks which must extend under the property of other persons; 7) Specify
the nature and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, 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
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a construction-period parking plan which shall minimize use of public streets for
parking; 15) List a designated on-site construction manager.
18. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
19. 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.
20. 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.
21. During the course of construction, the applicant will maintain communication with
the City to coordinate project construction with the City’s public works projects to
the maximum extent possible without delaying the progress of the City’s or
applicant’s construction.
Fees
22. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due
and payable at the time of issuance of a building permit for the construction or
placement of the residential unit(s) on the subject lot, per and subject to the
provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code.
Demolition
23. 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.
24. 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. All trees in the public sidewalk
shall be mature trees when planted.
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25. 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.
26. 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.
27. No demolition of buildings or structures 40 years of age or older shall be permitted
until the end of a 60-day review period by the Landmarks Commission to
determine whether an application for landmark designation shall be filed. If an
application for landmark designation is filed, no demolition shall be approved until
a final determination is made by the Landmarks Commission on the application.
28. 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.
Environmental Mitigation
29. Pursuant to EIR Mitigation Measure 3.1-1, to avoid building structures on soils that
are expansive within the first 12 inches, a 4-inch gravel cushion (below the slab)
shall be included in the building design. If, during construction, it can be verified
that at least 12 inches of non-expansive soils exist below the lowest garage slab,
the 4-inch gravel cushion may be omitted. In all cases the on-grade floor slab shall
be reinforced by a minimum of No. 4 bars, at 16” on center in two directions.
30. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-2, in order to provide
stable soils, measures, such as sloping all excavation banks at a gradient no
steeper than 1:1, in addition to standard soil stability control practices, shall be
implemented. Where there is insufficient space for sloped embankments, nor
practical to perform vertical and/or slot cutting, an embankment supporting system
shall be used. The most commonly used method is to install shoring (i.e., soldier)
piles along the embankment. If soldier piles are used, one of three systems shall
be used: (1) cantilever piles; (2) piles braced with tiebacks on the outside of
excavation; or (3) piles braced with rakers from the inside.
31. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-3, all fill shall be non-
expansive and free of organic and other deleterious substances. Fill soils shall be
placed in thin lifts and compacted to minimum 90% relative density based on the
ASTM D1557 standard. Pea gravel and well-graded sand/gravel mixture with ¾-
inch maximum size shall be used in lieu of soils to backfill the garage walls in areas
where the spacing between the walls and excavation banks is too narrow to perform
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compaction therein. No density tests shall be required if the sand/gravel is vibrated
during placement under the observation of the project’s soils engineer. All granular
material backfill shall be capped with 2.0 feet of relatively impervious compacted
soils to minimize surface water infiltration into the garage. In areas where the
garage walls are neither braced nor designed as free standing walls, the backfilling
of these walls shall not start until after the flat slab, which will serve as horizontal
diaphragm of the garage walls, has been poured and gained sufficient strength.
If the edge of backfilling is within 2.0 feet of public ways, only concrete slurry and
cohesive soils shall be used as backfilling. Sand and gravel shall not be used
within 2.0 feet of the public ways to avoid the introduction of cohesive soils into
future public works excavation.
32. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-4, in order to provide a
safe geologic environment, suitable for construction and operation of the proposed
structures, all cesspool and septic tanks, if encountered, shall be cleared and
backfilled with lean concrete mix (1.5 sacks/cubic yard).
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33. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-5,n order to properly
support the column and wall loads of the proposed structures, they shall be
supported on conventional spread and continuous footings embedded at least 24
inches into the natural soils. The following values shall be used for foundation
design:
Foundation DesignWall Footings Column Footings
Vertical Bearing, psf (net) 4,500 5,000
Lateral Bearing, psf/ft. 300 300
Coefficient of friction 0.35 0.35
34. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-6, in order to provide a
total settlement of not more than ¾ inch and a differential settlement of not more
than ¼ inch, the foundation shall be supported as recommended in the final
geologic report (approved by the City) and loaded to the recommended maximum
pressure.
35. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-7, to minimize soil
erosion and/or slope instability during site preparation activities, temporary
drainage devices shall be installed at the top of excavation banks to divert water
away from the banks. Additionally, the project shall be compliant with Chapter 29 of
the CBC and Cal-OSHA regulations pertaining to excavation, trenching, and
shoring, and implementation of standard erosion control practices.
36. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-8, to avoid
contamination of groundwater during construction or operation of the project, aback
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drain system, consisting of 4-inch perforated drainpipes or an equivalent system,
shall be placed above the footing level on the outside of subterranean walls. The
drainpipes shall be connected to sump pits that discharge into the City’s storm drain
system. In area where there is insufficient space to install drainpipes behind the
garage walls, the drainage shall be provided by weep holes just above the footing
level.
37. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-9, design and
construction of the buildings shall be engineered to accepted industry standards to
withstand the expected ground acceleration that may occur at this site. The design
shall take into consideration the soil type, potential for liquefaction, and the most
current and applicable seismic attenuation methods that are available. All on-site
structures shall comply with applicable provisions of the Uniform Building Code and
the California Building Code, as amended by the City of Santa Monica.
38. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-1, the Applicant shall
design exterior building lighting that sheds light pools only on the project sites,
incorporating “cut-off” shields as appropriate to prevent an increase in lighting at
adjacent and nearby residential uses.
39 Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-2, 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.
40. Pursuant to EIR Mitigation Measure Mitigation Measure 3.7-1, the Applicant shall
designate in the parking plan that no more than 40% of the required residential
visitor spaces are assigned as compact spaces.
41. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-1, the Applicant shall
include mixed office paper, cardboard, scrap metal, newspaper, glass and plastic
bottles, and metal cans (aluminum and steel) generated from project operations in a
general facility recycling program, to be approved by the City.
42. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-2, the Applicant shall
maximize the use of products made from recycled materials. This may include
office, food service, and janitorial supplies, carpeting, paint, re-refined lubrication
oil, tire stops in parking lots and plastic lumber park benches.
43. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-3, public education
materials on waste prevention, recycling, used-oil recycling, re-refined oil,
hazardous waste reduction and management, composting and buying recycled
content products shall be displayed in the appropriate areas within the proposed
project.
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44. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-4, the Applicant shall
provide the City with a recycling plan that identifies all programs to be utilized to
reduce solid waste generation and disposal by a minimum of 50%. The Applicant
shall provide this plan prior to final occupancy. The plan shall include, at a
minimum, upon concurrence of the City’s Solid Waste Management Division, the
following items:
1. Description of all activities that will reduce solid waste generation by a
minimum of 50%.
2. Methodology for monitoring activities for program effectiveness/efficiency.
3. Compilation and provision of quarterly diversion updates/reports to the City,
which will occur 30 days after the end of each calendar quarter and will list
the amount of wastes disposed and recycled by tons.
4. Listing of solid waste/recycling/service providers utilized to provide
recycling/composting/waste reduction programs.
5. Annual evaluation of program submitted to the City’s Solid Waste
Management Division.
45. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-1, the applicant shall
prepare a Construction Impact Mitigation Plan to be reviewed and approved by the
City prior to building permit issuance, and shall implement all identified measures
during the construction period, consistent with Condition #17.
46. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-2, any construction
equipment on the site must meet the following conditions in order to reduce NOx
emissions:
The engine size must be the minimum practical size
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The number of pieces of equipment operating simultaneously must be
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minimized through efficient management practices
Construction equipment must be maintained in tune per manufacturer’s
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specifications
Equipment shall be equipped with 2- to 4-degree engine timing retard or pre-
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combustion chamber engines
Catalytic converters shall be installed, if feasible
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Diesel-powered equipment such as booster pumps or generators should be
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replaced by electric equipment, if feasible
Construction truck trips shall be scheduled, to the extent feasible, to occur
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during non-peak hours
In addition, the following measures will be employed during construction activities to
reduce NOx emissions:
Use low-sulfur diesel fuel in all diesel equipment
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Shut off engines when not in use
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Construction activities must meet the following conditions in order to reduce dust
emissions:
During clearing, grading, earth moving, excavation, or transportation of cut
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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 construction, water trucks or sprinkler systems shall be used to keep
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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
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treated with soil binders to prevent dust generation.
These requirements shall be included on all grading plans.
47. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-3, the developer shall
incorporate the following terms into the construction documents to be implemented
by contractors:
Comply with restrictions on construction, maintenance, or repair of buildings
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and restrictions on demolitions of buildings, excavating, or grading specified
in the City of Santa Monica Municipal Code, Sections 4.12.130 and Section
4.12.140
Perform the following best management practices for noise control from
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demolition or construction activities:
(1) Maximize the physical separation between noise generators and noise
receptors. Such separation includes, but is not limited to, the following
measures: provide enclosures for stationary equipment and barriers around
particularly noisy areas on the site or around the entire site; use shields,
impervious fences, or other physical sound barriers, to inhibit the
transmission of noise to sensitive receptors; and position stationary
equipment to minimize noise impacts on the community.
(2) Require that all construction equipment engines be properly tuned and
muffled according to manufacturers’ specifications
(3) Select haul routes for the removal of excavation materials and transport of
building materials in conjunction with the City of Santa Monica such that
noise-sensitive (e.g., residential) areas are avoided as much as possible
(4) Neighbors within 500 feet of construction areas shall be notified of the
construction schedule in writing, prior to construction. The project sponsor
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shall designate a “disturbance coordinator” who shall be responsible for
responding to any local complaints regarding construction noise. The
coordinator (who shall be an employee of the developer or general
contractor) shall determine the cause of the complaint and shall require that
reasonable measures warranted to correct the problem be implemented. A
telephone number of the noise disturbance coordinator shall be
conspicuously posted at the construction site fence and on the notification
sent to neighbors adjacent to the site.
48. Pursuant to EIR Mitigation Measure Mitigation Measure Mitigation Measure 3.10-4,
the proposed project shall comply with the provisions of the City of Santa Monica
construction waste reduction ordinance. The following measures are required to
reduce construction and demolition waste generated by the proposed project:
The developer/contractor shall prepare and submit a demolition plan for
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review and approval by the City. The plan shall include methods to
maximize salvage and recycling of building and landscape materials. The
plan shall include a recovery rate for each material type in the demolition
contract. The plan shall also include strategies for the salvage of any
reusable historic materials and reusable materials in good condition.
During construction and demolition activities, the contractor shall separate
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for recycling all materials that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, wood waste, and clean fill.
The contractor shall schedule the removal of reusable and recyclable
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materials prior to demolition to maximize recovery rate.
The contractor shall provide separate bins for all recyclables on site. Such
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bins shall be labeled clearly in several languages or with universal symbols.
The contractor shall also provide orientation prior to the start of construction
for workers to train them to use the recycle bins provided. If there is
insufficient space on site, the contractor shall contract with a recycling
company to receive mixed loads for separation and recycling.
The contractor shall use pre-engineered or factory-cut material. Examples of
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this type of material include, but are not limited to, factory trusses, laminated
and other engineered wood products, sheet metal cladding and roofing, 9-
foot gypsum board, pre-cut headers, and pre-assembled joist bridging. The
applicant shall also use reusable and recyclable forming materials, such as
steel forms or standard wood systems, where feasible.
49. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-5, the applicant /
contractor shall provide all necessary off-site parking for construction workers so as
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to avoid employees and workers from parking in the project neighborhood and
surrounding residential streets.
50. Pursuant to EIR Mitigation Measure 3.10-6, the applicant/contractor shall direct and
control construction traffic to avoid using residential streets in the project vicinity for
construction activities.
51. 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, except as may be required by State Health
Code.)
52. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat these wastes before
discharging to the City sewer or storm drain system. Pretreatment will require that a
clarifier or oil/water separator be installed and maintained on site. In cases where
settleable solids are present (or expected) in greater amounts than floatable oil and
grease, a clarifier unit will be required. In cases where the opposite waste
characteristics are present, an oil/water separator with automatic oil draw-off will be
required instead. The Environmental and Public Works Management Department
will set specific requirements. Building Permit plans shall show the required
installation.
53. Consistent with Conditions 36–38, 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.
54. The applicant shall submit an acoustical report which documents noise levels on
the site and identifies suitable construction techniques to provide interior noise
levels of 45 dB or less from exterior noise levels. A post-construction test shall
confirm the ability of the construction to achieve this interior noise level. Additional
sound insulation or other acoustical treatment shall be provided until this interior
noise level is achieved prior to issuance of a certificate of occupancy.
Miscellaneous Conditions
55. 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.
56. 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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57. 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 and Community
development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
58. 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.
59. 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.
60. 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.
61. 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 indoors which may
be heard outdoors.
Validity of Permits
62. 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.
63. 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 City Council, 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 Planning Division. Failure to comply
with this condition shall constitute grounds for potential permit revocation.
64. The approval of DR99-013 and CUP 01-016 shall expire if the rights granted are not
exercised within twenty-four (24) months from the 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 pursuant to the requirements
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of Santa Monica Municipal Code section 8.08.060. A one-year extension may be
permitted for DR990-013 and CUP01-016 if approved by the Director of Planning
and Community Development. Applicant is on notice that time extensions may not
be granted if development standards relevant to the project have changed since
project approval.
65. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place until
a building permit is issued for the project. The sign shall be removed promptly
when a building permit is issued for the project or upon expiration of the
Development Review and Conditional Use Permits.
Monitoring of Conditions
66. 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 City Planning Division itself and other City divisions
and departments such as the Building Division, the Environmental and Public
Works Management Department, the Fire Department, the Police Department, the
Community and Economic Development Department and the Finance Department
are aware of project requirements which must be satisfied prior to issuance of a
Building Permit, Certificate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to their responsibilities.
Project owner shall demonstrate compliance with conditions of approval in a
written report submitted to the Planning Director and Building Officer prior to
issuance of a Building Permit or Certificate of Occupancy, and, as applicable,
provide periodic reports regarding compliance with such conditions.
Special Conditions
67. Customers and visitors to the retail space will be provided with a minimum of one
hour free parking with validation.
68. Applicant will provide a parking, carpool and transit incentive program for
employees and residents of the building with the following components:
1. Applicant will actively encourage employee and resident participation in a
transportation ride-sharing program.
2. Applicant will implement a public transit fare re-imbursement program. This
program will provide for partial (50%) re-imbursement to 100% of the employees
of the property for public transit fare to and from the site.
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3. Applicant will implement a publicity program explaining how the employees of
the project will be made aware of this program. This publicity program will be
implemented during the first month of occupancy of the project.
69. The applicant shall provide on-site information about the Big Blue Bus and Tide
Shuttle.
70. The applicant shall provide a bicycle parking area for residents, visitors, customers
and employees free of charge.
71. There shall be no commercial loading or unloading on public streets.
72. Delivery hours for the retail space shall be limited to the hours of 7:30 a.m. to 9:00
p.m., Monday through Saturday. Private trash pick-up shall be limited to the hours
of 7:30 a.m. to 10:00 p.m., Monday through Saturday.
73. The applicant shall post a notice in the residential lobby stating that the site is
regulated by Development Review Permit 99-013 and Conditional Use Permit 01-
016 and the Statement of Official Action, which includes the establishment’s
conditions of approval, is available upon request. This notice shall remain posted
for the life of the project.
74. Prior to issuance of a building permit the applicant shall submit, for City review and
approval, a deed restriction or other legal instrument setting forth the residential
use requirements for the project. Such restrictions shall be effective for the life of
the project.
Affordable Housing Obligation (effective July 21, 1998)
75. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is
subject to the City's Affordable Housing Production Program which requires an
107-unit development to provide either 11 very low cost affordable units or 22 low
cost affordable units on-site (SMMC Section 9.56.050), provide the affordable
units off-site (SMMC Section 9.56.060), pay an affordable housing fee (SMMC
Section 9.56.070), acquire land for affordable housing (SMMC Section 9.56.080).
The developer has elected to satisfy the Affordable Housing Production
requirement through payment of an affordable housing fee. The project's
affordable housing fee is based on the following formula:
Floor Area (as defined by SMMC Section 9.04.02.030.315) x $6.14x 50 %. The
project’s floor area as shown on the plans dated 2/12/02 is 123,496 square feet.
The project’s affordable housing fee based on this floor area would be
$379,132.72. The fee will be recalculated prior to payment based on the actual
building floor area of the project as constructed. The fee must be paid in full prior
to the City granting any approval for the occupancy of the project.
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VOTE
Ayes: Bloom, Feinstein, Genser, Holbrook, McKeown, O’Connor
Nays: None
Abstain:
Absent: 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.
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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, City Clerk Date
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