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SR-402-008 PCD:SF:JT:SK:JM:f:\plan\share\council\strpt\00app063.doc Council Mtg. May 2, 2000 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 99-032 to Allow an Addition to an Existing Saab Automobile Dealership and Repair Facility at 3020 Santa Monica Boulevard. Applicant: Herb Katz, RTK Architects. Appellant: Ed Simonian. Property Owner: Judith A. Richards Company Trust, et al. INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit 99-032 to allow the construction of ? A two-story 9,445 square foot addition for a showroom, offices, and parts department; ? A one-story, 345 square foot building for a service advisory office; ? 24 at-grade parking spaces; ? A subterranean parking garage with 41 spaces. On March 1, 2000 the Planning Commission voted 6-1to approve the proposed project. The Planning Commission staff report and Statement of Official Action (STOA) are contained in Attachment A and B, respectively. The Planning Commission decision was subsequently appealed. BACKGROUND The subject property is within the C-4, Highway Commercial District, and consists of five - 1 - lots comprising approximately 35,330 square feet in area. Currently, the site is occupied by three buildings: a 11,514 square foot, one-story service building with a mezzanine, a one-story, 1,940 square foot office and auto repair building, and a 345 square foot office building. Project Description The project will be an addition to an existing Saab automobile dealership and repair facility. The showroom/office building will include 2,210 square feet of automobile display area, 2,314 square feet of office area, and 705 square feet of retail parts and parts storage area on the first floor. The second floor will be approximately 3,300 square feet, which will include 555 square feet of office space, a 710 square foot conference room and 828 square feet of unfinished area for future tenant improvements. The demolition of the repair and office building will allow space for a 345 square foot service advisory office, a surface parking lot with 25 parking spaces and a 41 space subterranean parking garage. The parking areas will be accessed from Santa Monica Boulevard with an additional exit onto Santa Monica Place South Alley. The construction for the project will occur in two phases. Phase One will consist of the construction of the subterranean parking structure and the on-grade facilities above the parking structure with the exception of the 345 square foot service advisory office and trellis. The construction area will be contained within the western portion of the lot. During Phase One, the inventory of cars will be reduced to twenty-five vehicles, which will be - 2 - stored on the existing surface parking area located in the northeast corner of the lot. Phase Two will commence after completion of the subterranean garage and new surface lot. Construction will include the new showroom and office addition as well as the service advisor building and trellis proposed on the west side of the exiting building. The inventory of 25 cars will be relocated to the new surface lot on the west side of the lot. During construction, the dealership offices will be temporarily placed within an existing office structure located at 3012 Santa Monica Boulevard. Planning Commission Action At the March 1, 2000 hearing, the Planning Commission approved the project with three additional conditions. Three members of the public addressed the project. A representative of the Mid-Cities Neighborhood Association spoke in favor of the project with the following conditions: that access to the subterranean parking garage be provided from Santa Monica Boulevard and not the adjacent alley; that all employees park on the site and not the adjacent residential streets; and that the site include a left turn only sign at the exit onto Berkeley Street to direct traffic immediately to Santa Monica Boulevard and away from the adjacent residential neighborhood. Although the Planning Commission only addressed access from the alley as a condition of approval, after reviewing the plans and staff report, this member of the public was satisfied that the concerns were addressed. Two neighbors cited concerns that the project will increase the level of noise emanating - 3 - from the existing repair facility and delivery trucks will increase traffic and congestion along the abutting alley and residential streets. The applicant responded that the noise level will not be increased by the project and that the traffic will be reduced along the residential streets since ample parking will be provided in the proposed subterranean parking garage. The applicant also reiterated that the conditions of approval require an alley control and test-driving plan, which had already received the Transportation Management Division’s approval. The alley control and test driving plan prohibits test driving on the alley and residential streets and includes a left turn only sign at the Berkeley Avenue exit and a right-turn only sign at the intersection of the alley and Stanford Street. These signs will direct traffic onto Santa Monica Boulevard and away from the residential neighborhood. In addition, the Planning Commission added a condition that the proposed south property line gate abutting the alley should only be opened for refuse pick-up and for a secondary egress for customers when service queues congest the site. The applicant stated that the gate at all other times would be closed. In approving the project, the Commission discussed the public concerns and, in particular addressed noise impacts. The Commission examined several options to mitigate noise, including raising the height of the wall proposed along the alley and keeping the bay door to the existing service repair facility closed during operation. The Commission also discussed delivery hours and the appropriate drop off location for deliveries. The Commission agreed that the delivery hours should be limited to reduce noise and disruption affecting the residential area. - 4 - No condition to raise the wall height was approved; however, the Commission directed the Architectural Review Board to examine the wall height in conjunction with landscape and irrigation plans since the wall height and screening requirements are subject to Board review. No condition was included to keep the service bay door closed since this condition would be unenforceable since the repair operation requires the use of the door for egress and ventilation. The Commission approved the project with three additional conditions: (a) that the Architectural Review Board pay particular attention to the height of the wall and landscaping requirements along the alley to appropriately screen the project and to mitigate noise generated from traffic and from the site (Condition #21); (b) that the use of the alley egress/ingress be limited to business patrons exiting the site and to refuse trucks (Condition #14); and (c) that deliveries shall be prohibited between 11:00 p.m. and 6:00 a.m. and all day on Sundays (Condition #50). APPEAL Ed Simonian, owner and resident of a six-unit apartment building located at 1420 Berkeley Street, appealed the Planning Commission decision. The appeal statement is contained in Attachment C. The appellant states that the project interferes with the peaceful atmosphere of the residential neighborhood and that the project is not compatible with the area since it does not protect the adjacent neighborhood from noise, traffic, and the use of - 5 - the abutting alley. In order to protect the neighborhood, the appellant offers six additional conditions that he believes the Commission failed to address. The conditions, followed by staff comments are listed below: 1. The business should be completely separated from the neighborhood and operate via access from Santa Monica Boulevard. Staff believes that the project is adequately separated from the adjacent residential district. Santa Monica Place South Alley physically separates commercial uses from the residential neighborhood south of the alley. The proposed project and the ingress/egress to the surface and subterranean parking are oriented toward Santa Monica Boulevard and will not encroach upon the residential district. The project results in greater separation between the dealership and the residential district than what exists today due to the removal of the four service bays which abut the alley. Although the placement of this building currently prevents alley access to the site, staff believes that the activities in this building, which include small service jobs, contribute to the area noise impacts. The replacement of this building with a solid wall with one gate, landscaping and parking spaces will reduce the activity level along the alley near the residential uses and enhance the buffer between the uses. In addition, the # Planning Commission addedSpecial Condition 14 to require the proposed gate adjacent to the alley to be opened only for refuse pick-up and as a secondary egress - 6 - for customers. Further, the project will reduce the outdoor activity level by relocating the majority of display vehicles and sales activities within an enclosed building and by providing employee and customer parking within the subterranean parking garage. 2. The wall proposed along the south property line, abutting the alley, should be higher than 8’ in height to attenuate noise from the increased volume of car servicing/sales and the number of employees. It is anticipated that the number of cars serviced will remain the same and the number of cars currently on-site for sale and/or service will be reduced as part of the project’s parking, storage and off-loading agreements. The project, including existing improvements, requires 51 parking spaces designated for customer and employee parking. This includes customers seeking auto repair services. To accommodate these spaces on-site, the amount of vehicles displayed outdoors will be limited to the excess spaces within the surface parking lot. This will reduce the current inventory of 30 plus outdoor display vehicles to 9 outdoor vehicles as stated in Special Condition #5. Excess inventory will be stored at Buerge Motor Car Company, as agreed by the proprietors of Buerge Motor Car Company and Saab Dealership. Code requirements limit the height of the wall to a maximum of 8 feet in height. However, staff believes that the Planning Commission adequately addressed the appellant’s concern by the addition of Condition #21 that directs the Architectural Review Board to “pay particular attention to the height of the wall and landscaping requirements along the alley to appropriately screen the project and to mitigate noise - 7 - generated from traffic and from the site.” At the hearing, the applicant also proposed to incorporate sound treatment designs within the wall to help mitigate any noise. 3. Machines contributing to noise should be contained within enclosed areas. The project does not propose the installation of any unenclosed mechanical equipment. In addition, Special Conditions # 16 and # 47 implement noise controls for all noise generating equipment and mechanical equipment, respectively. 4. The wall proposed along the south property line should be solid, with no gate or vehicular access to and from the alley. The solid wall would provide more separation from the alley and adjacent residential district and would preclude use of the alley by customers and employees for site access. The Planning Commission discussed the utilization of the gate abutting the alley and added Special Condition #14, which limits alley access through the gate to refuse pick- up and exiting business customers only. Staff believes limiting alley access to the site effectively buffers the neighborhood from traffic associated with the dealership and supports the necessity of the gate to provide access to and from the alley for refuse pick-up. As required per Code, the project includes construction of a refuse enclosure on the southeast corner of the existing service building and adjacent to the surface parking lot and loading zone. While the relocation of the refuse area would not preclude the use of the alley for refuse pick-up, the gate will allow for refuse pick-up without difficulty in maneuverability. - 8 - 5. No business should be conducted from the alley. The project does not propose conducting business within the alley. Special Condition #12 prohibits the use of the alley for test-driving. In addition, S.M.M.C. Section 9.04.14.050 prohibits automobile repair activities outside an enclosed building. All automobile repair and service will occur within the existing 10,500 square foot service building. 6. A method should be devised to ensure that the employees park on the subject site and not within the residential streets. Currently, the site has 40 parking spaces on-site, with more than half occupied by vehicles for sale or for service. As a result, employees park along Berkeley Street because parking is not available on-site. The project will provide 51 parking spaces which will be used exclusively for employee and customer parking. Approval of the project includes Special Condition #5, which states that employee and customer parking be designated and clearly marked on site and that the designated spaces may only be used for customer and employee parking. Within the subterranean parking garage, employees and customers will have 36 parking spaces designated. The surface parking lot will contain 15 parking spaces for customers and 9 spaces designated for outdoor display vehicles. Due to the number of required parking spaces and the implementation of Special Condition #5, no more than 9 outdoor vehicles can - 9 - be parked on-site for sale or display. As per Special Condition # 8, additional storage of vehicles for sale or display will be provided off-site at Buerge Motor Car Company located at 11775 Mississippi Avenue in West Los Angeles. Vehicles for sale, display, or otherwise contributing to the dealership’s inventory cannot be stored or placed within the subterranean parking garage since the area used to store vehicles would count as floor area, thus increasing the number of required parking spaces while reducing the availability of parking for employees and customers. In addition, storage of vehicles within the subterranean parking garage would increase the floor area beyond 10,000 square feet, the maximum floor area permitted to be categorically exempt from the CEQA State Implementation Guidelines. Conclusion Staff believes that the conditions of approval address the appellant’s concerns by implementing an alley control and test driving plan which will direct traffic exiting the site away from the residential uses and prohibits the use of alley and residential streets for test-driving. In addition, the project will improve the Saab dealership’s existing conditions by providing eleven more parking spaces than currently exist on-site and by implementing conditions of approval that require fifty-one parking spaces to be designated exclusively for employees and customers. The availability of fifty-one parking spaces will minimize the number of customers and employees parking along the residential streets. Finally, the noise sources will be reduced by demolishing the existing building with four service bays, a contributor to auto service activity, which abuts the alley. The 8-foot high solid wall with a - 10 - gate proposed along the alley will also help to mitigate the on-site noise sources. The Planning staff recommends that the decision of the Planning Commission be upheld. CEQA STATUS The proposed project is categorically exempt from the provisions of CEQA pursuant to Section 15301(e)(2) of the State Implementation Guidelines, which exempts additions of up to 10,000 square feet to existing structures where public facilities are available and the area in which the project is located is not environmentally sensitive. PUBLIC NOTICE Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the “Our Times” section of the Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment D. - 11 - BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the City Council deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit 99-032 based on the following findings and conditions: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the proposed additions and subterranean garage will provide a showroom with more pedestrian orientation and landscaping along Santa Monica Boulevard and will provide ample customer and employee parking. The additions comply with the C4, Commercial District Development Standards of the Zoning Ordinance and are consistent with the Service and Specialty Commercial Areas Section of the Land Use Element of the General Plan. 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 additions will not significantly increase the activity on the subject property, will replace the cars displayed on a larger surface lot with enclosed display areas and within a portion of the surface parking lot, and will redirect the majority of the sale and repair activity away from the abutting residential area and toward the Santa Monica Boulevard frontage. In addition, plans for test driving, control of alley and queuing plan has been approved by the Transportation Management Division. Test-driving will be directed away from residential streets and additional signage will be posted that will also direct traffic away from residential streets and alleys. This will reduce the flow of traffic and will mitigate noise. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the property is currently developed as an automobile dealership and repair - 12 - facility and can accommodate the necessary public improvements and access to utilities. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the proposed additions and subterranean garage will function as a showroom for automobiles which will enclose the majority of the existing outdoor storage and will replace and expand offices for sales and services to support the existing automobile dealership. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the showroom addition will provide the same function and occupy only a slightly larger area as the existing outdoor automobile display and sales area and will provide more pedestrian orientation along Santa Monica Boulevard. In addition, the existing four-bay service building along the south property line will be demolished, which will reduce the amount of repair activity adjacent the residential uses to the south. Test-driving will take place along the collector and arterial streets. Access to the dealership will be provided from Santa Monica Boulevard which will also reduce traffic noise and congestion along Santa Monica Place Alley. In addition, signage to reduce the flow of traffic along the alley and residential area will be posted. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an infill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site is served by Santa Monica Boulevard, an arterial street and Santa Monica Place alley. Customer parking and pedestrian access will be provided from the surface parking lot onto sidewalks adjacent to the north side of the proposed building. In addition, the site is accessible via Big Blue Bus lines that run east to west on Santa Monica Boulevard (Line #1) and a north-south route along Centinela with a connection along Santa Monica Boulevard (Line#14). 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 development will have frontage along Santa Monica Boulevard, a commercial corridor and will not encroach upon the side property adjacent to the existing residential district; that all setbacks, lot coverage height, and screening requirements for auto dealerships within a C4 District have been met and the scale of the building is compatible with the surrounding uses fronting Santa Monica Boulevard and is subject to - 13 - Architectural Review Board approval. In addition, the orientation of the entrance/exit to the surface parking lot and the subterranean parking garage will direct the majority of traffic along Santa Monica Boulevard. Additional signage will preclude traffic exiting from the alley to continue along the residential streets. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is defined as a Service and Specialty Commercial District which encourages the continuance of auto sales as a major revenue source for the City and a higher intensity of auto dealerships. In addition, this District encourages new construction to have some portion of its front façade along the front property line. The project includes a showroom addition with frontage along Santa Monica Boulevard. Further, the project meets all screening and landscape required for automobile dealerships. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project is a compatible use in the C4, Highway Commercial District and complies with the provisions of the Zoning Ordinance and the General Plan. 11. As conditioned, the proposed use conforms to the applicable conditions contained in Subchapter 9.04.20.12 and special conditions for conditional use permits for automobile dealerships contained in Subchapter 9.04.14.050 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the project is a permitted use within the C4, Commercial District and that the project design will meet all required setbacks, maximum height restrictions, lot coverage, parking, and landscaping. In addition, the operation of dealership meets special conditions for dealerships by directing traffic away from adjacent residential uses, will provide a vehicular off-loading off-site on private property. Further, no repair or service will occur outside of an enclosed building and a test-driving plan, queuing plan, alley control plan and operation of on and off-loading has been approval by the Transportation Management Division. 12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the project involves an addition to an existing auto dealership without expanding the site’s boundaries and is located within the Service and Specialty Commercial District which encourages the retention of auto dealerships. CONDITIONAL USE PERMIT CONDITIONS Plans - 14 - 1. This approval is for those plans dated 11/16/99, except as amended by Conditions #5, #25, and #26. 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 in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. Special Conditions for Automobile Dealerships 5. Parking and Vehicle Storage. As per Part 9.04.10.08 of the Municipal Code, fifty-one parking for employees and customers shall be provided on-site. The fifty-one spaces shall be clearly designated for customers and employees only and shall not include tandem parking spaces. Employee and customer parking shall be provided at no charge. A maximum of nine spaces within the surface parking lot may be utilized for outdoor vehicle display. No portion of the subterranean garage may be used for vehicle storage, display or other use contributing to the dealership’s inventory. 6. Display and non-display of areas shall be screened in accordance with Section 9.04.10.04 of the Municipal Code. A minimum 2’ landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least twelve inches in height. 7. All lighting shall comply with Section 9.04.10.02.270 of the Santa Monica Municipal Code. 8. Loading and Unloading of Vehicles. As per the letter of agreement dated November 17, 1999 between Buerge Motor Car Company and Saab of Santa Monica Motors, loading, unloading and temporary storage of vehicles will occur at Buerge Motor Car Company located at 11775 Mississippi Avenue in West Los Angeles. Vehicles shall be individually driven to the subject site between the hours of 8:00 A.M. and 5:00 P.M. Monday through Saturday, excluding legal holidays and shall be driven directly on - 15 - site from the Santa Monica Boulevard entrance. The Director of Planning and Community Development shall have the authority to approve an alternative plan for loading and unloading of vehicles in the event the site designated with this approval is no longer available. Any alternative plans will also be subject to approval by the Transportation Management Division. 9. Storage of Vehicles to be Repaired. No vehicles to be repaired shall be parked or stored on any public alley or street. 10. Repair of Vehicles. The repair and service facility portion of an automobile dealership shall comply with the provisions of Section 9.04.14.050 of the Municipal Code. 11. Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. On site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. On-site queuing of vehicles shall be demonstrated prior to building permit issuance. 12. Test Driving. Test-driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test-driving. Test-driving for the subject site may not commence or include Berkeley Street but shall commence from Santa Monica Boulevard. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. The test-driving plan approved by the Transportation Management Division on November 17, 1999, shall be revised to show the beginning point within the surface parking lot with direct access to Santa Monica Boulevard. 13. Control of Alley Traffic. Notwithstanding the prohibition of alley use for test-driving, the dealership operator shall comply with the alley control plan presented to and approved by the Transportation Management Division on November 17, 1999. In addition, subsequent changes or amendments to the alley control plan may be approved by the Director of Planning and Community Development. The alley control plan shall incorporate plans for slowing traffic in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit the maximum speed to 15 miles per hour and may include measures such a speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions and similar measures. 14. The use of the alley (located within the proposed south wall) shall be limited to business patrons exiting the site and to refuse vehicles picking up refuse and recycling materials on-site. -16- 15. Circulation. The location of entries and exits from dealerships shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. 16. Noise Control. (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely to cause annoyance to abutting or adjacent residences. (3) Rooftop storage areas shall be screened with landscaping and noise absorbing materials to minimize noise impacts on adjacent properties. (4) Existing dealerships shall comply with the provisions of this subsection within six months after the adoption of this Chapter. 17. Toxic Storage and Disposal. (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all City laws relating to the storage and disposal of toxic chemicals and hazardous wastes. 18. Air Quality. (1) Use of brake washers shall be required in service stalls or areas where service is to be performed on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilation equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonable available control technology to minimize noxious pollutants which would otherwise be emitted. Architectural Review Board 19. 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. -17- 20. 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. 21. The Architectural Review Board shall pay particular attention to the height of the wall and landscaping requirements along the alley to appropriately screen the project and to mitigate noise generated from traffic and from the site. 22. In addition to other landscaping requirements, the Architectural Review Board, in its review, shall ensure that the perimeter of the surface parking lot and auto display areas are adequately screened with an opaque structure and/or landscaping. 23. Plans for final design, landscaping, screening, and trash enclosures shall be subject to review and approval by the Architectural Review Board. 24. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. 25. Construction period signage shall be subject to the approval of the Architectural Review Board. 26. 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. Landscaping adjacent to the public right-of-ways shall provide an opaque screen within two years growth. One tree per 1,200 square feet of paved area for parking shall be provided within the paved area and/or within the perimeter of the surface parking lot. The applicant shall revise plans prior to submittal to the Architectural Review Board to show required trees and perimeter landscaping. 27. 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. Prior to submittal to the Architectural Review Board, the applicant shall submit revised plans to staff showing a 9.5’ x 13.5’ refuse/recycling area. The revised plans shall be subject to approval by Solid Waste Management. 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 -18- 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). 28. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. Demolition 29. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secure 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. 30. 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. 31. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 32. No demolition of buildings or structures 50 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. Construction 33. 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. 34. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the De- partment of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works -19- Management prior to issuance of the building permits. 35. 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. 36. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Community and Cultural Services Department and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Department. 37. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to is- suance 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 a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 38. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 39. 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. 40. A copy of these conditions shall be posted in an easily visible and accessible -20- 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 41. 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.) 42. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat 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. Miscellaneous Conditions 43. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 44. 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. 45. 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. 46. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 47. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used -21- when the mechanical equipment is installed within a soundrated parapet enclosure. 48. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 49. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors. 50. Deliveries to the site shall be prohibited between 11:00 p.m. and 6:00 a.m. and all day on Sundays. Validity of Permits 51. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 52. Within ten days of City 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 Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 53. This determination shall not become effective for a period of fourteen days from the date of determination. If appealed, a final determination is effective on the date an appeal decision is rendered. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permits 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 of S.M.M.C. Section 8.08.060. One six month extension of the Conditional Use Permit may be permitted if approved by the Director of Planning and Community Development. Applicant is on notice that time extensions may not be granted if -22- development standards relevant to the project have changed since project approval. 54. 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 Conditional Use Permit. Prepared by: Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Susan Healy Keene, AICP, Acting Senior Planner Jean M. Moore, AICP, Associate Planner Planning and Community Development Department Attachments: A: Planning Commission Staff Report (March 1, 2000) with attachments B: Appeal Statement C: Notice of Public Hearing D: Plot Plan, Floor Plans and Elevations -23-