SR-402-008 (11)
PCD: SF :JT: S H K: J Mf:\plan\share\council\stoas\stoacovercu p99032
Council Mtg: July 11,2000 Santa Monica, California
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JUL 11_
TO Mayor and City Council
FROM: City Staff
SUBJECT Supplemental Staff Report for Certification of Statement of Official Action for
Appeal 00-063 of the Planning Commission's 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 supplemental staff report transmits for City Council certification a corrected Statement
of Official Action for Appeal 00-063 of the Planning Commission's approval of Conditional
Use Permit 99-032 to allow an expansion of an existing automobile dealership with a new
9,790 square foot, 2-story building with subterranean parking.
On May 2, 2000, the Council made a motion to deny Appeal 00-063 and approve
Conditional Use Permit 99-032 with amendments to the Planning Commission's conditions
of approval.
This supplemental report serves to clarify language included in the Conditions of Approval.
Conditional Use Findings #7 and #8 and Conditional Use Permit Condition #23 have been
modified to eliminate any language referring to use of the alley. Condition #29 has been
modified to eliminate language pertaining to standard conditions for residential rather than
commercial uses. Condition #48 of the original Statement of Official Action has been
eliminated since the property does not have a required front yard and ;~~~~ 10 I
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height restrictions to walls, fences, and gates within required front yards do not apply.
Finally Condition #15, which erroneously stated "the use of the alley shall be limited to
business patrons exiting the site and to refuse vehicles picking up refuse and recycling
materials on-site," has been modified City Council approved a motion to eliminate any
access to the site from the alley by requiring the applicant to provide a solid wall with no
vehicular gate along the alley. The statement has been corrected to read as follows:
The use of the alley shall be limited to refuse vehicles picking up refuse and
recycling materials on-site. There shall be no vehicle ingress/egress from
the alley to the site. The plans shall be amended to reflect a solid opaque
wall along the alley.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report has no budget or financial impact.
RECOMMENDATION
It is respectfully recommended that the City Council approve the attached Statement of
Official Action
Prepared by:
Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Susan Healy Keene, AICP, Acting Senior Planner
Jean M. Moore, AICP, Associate Planner
Planning and Community Development Department
Attachment:
Revised Statement of Official Action
C".
ATTACHMENT A
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CITY OF SANTA MONICA
CITY COUNCIL
City of
Santa Monica'.
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 99-032
LOCATION: 3020 Santa Monica Boulevard
APPLICANT: Herb Katz, RTK Architects
APPELLANT: Ed Simonian
CASE PLANNER: Jean M. Moore, AICP, Associate Planner
REQUEST: Appeal of Planning Commission Approval of Conditional
Use Permit 99-032 to Allow Expansion of an Existing
Automobile Dealership with a New 9,790 Square Foot, 2-
story Building with Subterranean Parking.
CEQA STATUS: The project is categorically exempt from the provisions of
CEQA pursuant to Class 3(c) of the State Implementation
Guidelines in that the project involves the construction of a
9,970 square foot structure, which is less than 10,000
square feet in area, is in an urbanized area zoned for such
use and is not surrounded by environmentally sensitive
areas. The project will not involve the use of significant
amounts of hazardous materials and all public services are
available to the proposed site.
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CITY COUNCIL ACTION
Mav 2. 2000
Date.
x
Approved based on the following findings and subject to the
conditions below.
Denied.
Other.
EFFECTIVE DATE OF ACTION:
May 2. 2000
EXPIRATION DATE OF ANY PERMITS GRANTED:
May 2. 2001
Conditional Use Permit 99-032
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S):
Any request for an extension of the expiration date must be received in writing by the City
Planning Division prior to expiration of this permit.
Six months
Conditional Use Permit 99-032
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
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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
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 PI3co 3l1oy. 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).
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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 mdsting 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
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 :::llong to and from Santa Monica Boulevard. /\ddition:::ll
signage '::ill 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 fa<;ade 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
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and Specialty Commercial District which encourages the retention of auto
dealerships.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1 This approval is for those plans dated 11/16/99, except as amended by Conditions
#5, #6, #9, #12, #15, #18, #23, #28, and #29. 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. Parking for employees and customers shall be provided
on-site and shall conform to Santa Monica Municipal Code (SMMC) 9.04.10.08.
Employee and customer parking shall be provided at no charge. No portion of the
subterranean garage may be used for vehicle storage. display or other use
contributing to the dealership's inventory.
6. Spaces for the disabled drivers shall be covered to conform to requirements of
Chapter 11 (b) of the 1998 Building Code.
7. Display and non-display of areas shall be screened in accordance with SMMC Section
9.04.10.04. 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.
8. All lighting shall comply with Section 9.04.10.02.270 of the Santa Monica Municipal
Code.
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9 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 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. Alternative plans shall consist of an equivalent facility to
maintain operation of the dealership. Any alternative plans will also be subject to
approval by the Transportation Management Division.
10. Storage of Vehicles to be Repaired. No repaired vehicles or vehicles awaiting repair
shall be parked or stored on any public alley or street.
11 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.
12 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.
13 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.
14. 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
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may include measures such a speed bumps or dips, one-way traffic patterns
increased signage, parking and loading prohibitions and similar measures.
15. The use of the alley (located within the proposed Gouth wall) shall be limited to
business p:Jtrons exiting the cite and to refuse vehicles picking up refuse and
recycling materials on-site. There shall be no vehicle ingress/egress from the alley
to the site. The plans shall be amended to reflect a solid opaque wall along the alley.
16. 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.
17 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.
1 R The applicant shall provide sound buffering at the existing service building to mitigate
noise emitting from the building.
19. 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.
20. 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.
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Architectural Review Board
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.
22. 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.
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 tr:::lffic and from the site. Pursuant to SMMC
9.04.10.04.080(4), the applicant shall provide a wall up to 12' in height along the
rear alley to mitigate noise emanating from the subject site. The wall height and
design is subject to approval by the Architectural Review Board.
24. 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.
25. Plans for final design, landscaping, screening, and trash enclosures shall be subject
to review and approval by the Architectural Review Board.
26. 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.
27. Construction period signage shall be subject to the approval of the Architectural
Review Board.
28. 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. The applicant shall provide a 2'
landscape strip along the outside of the rear perimeter wall, subject to approval by
the Architectural Review Board.
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29. 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
Board, rooftop mechanical equipment shall be located at least five feet from the
edge of the roof. Except for sol::lr hot water he:Jterc, no residenti:J1 ..vater he:Jtcrc
shall be 10c:Jted on the roof (unlecs located v:ithin :J mechanic:J1 room).
30. 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
31. 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.
32. 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.
33. 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.
34. 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.
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Construction
35. Unless otherwise approved by the Department of Environmental and Public Works
Management, all sidewalks shall be kept clear and passable during the grading and
construction phase of the project.
Sidewalks, curbs, gutters, paving and driveways which need replacing or removal
as a result of the project as determined by the Department of Environmental and
Public Works Management shall be 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
Management prior to issuance of the building permits.
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.
38 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.
39. 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.
The property owner shall insure any graffiti on the site is promptly removed through
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compliance with the City's graffiti removal program.
41 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.
42 A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
43. 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.)
44. 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
45. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
46. 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.
47. 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.
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~~ !~ce, gate, or .....all \,A,ithin the required front yard Getback, incluGive of any
subterranean garage Glob and fencing, gate, or railing on top thereof, shall exceed
a height of 42" abo'Je actual gFOde of the property.
48. 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 sound rated parapet enclosure.
49. Final approval of any mechanical equipment installation will require a noise test in
compliance with SMMC Section 4.12.040. Equipment for the test shall be provided
by the owner or contractor and the test shall be conducted by the owner or
contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels do
not exceed maximum allowable levels for the applicable noise zone.
50. 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.
51. 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
52. 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.
53. 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.
54. This determination is final. 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
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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.
55. Within thirty (30) days after final approval ofthe 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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Bloom, Feinstein, Genser, McKeown
Holbrook, O'Conner, Rosenstein
None
None
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
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MARIA M. STEWART, C Clerk
I hereby agree to the above conditions of approval and acknowledge that failure to
comply with such conditions shall constitute grounds for potential revocation of the
permit approval.
Applicant's Signature
Print Name and Title
F:\PLAN\SHARE\council\STOAS\cup990032.doc
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