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SR-402-008 (16) e .- JCitYOf Santa Moniea@ City Council Report City Council Meeting: June 27, 2006 Agenda Item: 1. -K To: Mayor and City Council From: Andy Agle, Planning & Community Development Subject: Certification of the Statement of Official Action for Appeals 06APP-030 and 06APP-032 of the Planning Commission's approval of Development Review Permit 06DR-002, Reduced Parking Permit 06RPP-001, Fence Height Modification 06-001, and certification of the Final Environmental Impact Report for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway (Palisades Beach Road) as a public, beach- oriented recreation facility. Recommended Action It is recommended that the City Council approve the attached Statement of Official Action for Appeals 06APP-030 and 06APP-032 of the Planning Commission's approval of Development Review Permit 06DR-002, Reduced Parking Permit 06RPP-001, Fence Height Modification 06-001, and certification of the Final Environmental Impact Report for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway (Palisades Beach Road) as a public, beach-oriented recreation facility. Discussion This staff report transmits for City Council certification the Statement of Official Action for Appeals 06APP-030 and 06APP-032. After holding a public hearing on May 25, 2006, the City Council certified the Final Environmental Impact Report (EIR) with the recommended modifications contained in the May 25, 2006 supplemental staff report and directed City staff to file an application with Caltrans for approval of a traffic signal 1 at the intersection of Beach Lot 10 and Pacific Coast Highway immediately after certification of the Final EIR; made the necessary CEQA findings; adopted a Statement of Overriding Considerations and Mitigation Monitoring Program; approved Development Review Permit 06-002, Reduced Parking Permit 06-002 and FencelWall Height Modification 06-001; and denied Appeals 06APP-030 and 06APP-032. In their motion to approve Development Review Permit 06DR-002, Reduced Parking Permit 06RPP-001 and Fence Height Modification 06-001, the Council also added a condition requiring the applicant to include in its application to the California Coastal Commission all operational conditions contained in the Development Review Permit (Special Conditions #40-#63 and #65 and Mitigation Measure Condition #38 T-2 Off- Site Parking) as part of the project description to be reviewed by the California Coastal Commission. The City Council's decision was based upon the findings and conditions of approval contained in the attached Statement of Official Action. BudQetlFinanciallmpact The recommendation presented in this report does not have any budget or fiscal impact. Prepared by: Roxanne Tanemori, Associate Planner A Andy Agle Interim Director, Planning & Community Development 2 e ... ~ City of Santa Monica" CITY COUNCIL CITY OF SANTA MONICA STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: LOCATION: APPLICANT: APPELLANT: 06APP-030 and 06APP-032 415 Pacific Coast Highway City of Santa Monica - Community & Cultural Services Department Palisades Beach Road Property Owners' Association; Jonathan Ornstein PROPERTY OWNER: State of California - Department of Parks and Recreation CASE PLANNER: REQUEST: CEQA STATUS: Roxanne Tanemori, Associate Planner Appeals 06APP-030 and. 06APP-032 of the Planning Commission's approval of Development Review Permit 06DR-002, Reduced Parking Permit 06RPP-001, Fence Height Modification 06-001, and certification of the Final Environmental Impact Report for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway as a public, beach-oriented recreation facility. An Environmental Impact Report (EIR) was prepared for the project in accordance with Section 15087 of the CEQA Guidelines. On May 25, 2006, the City Council adopted a resolution certifying the Final Environmental Impact for the 415 Pacific Coast Highway Project with staff recommended modifications contained in the supplemental staff report distributed on May 25, 2006. In addition, the City Council adopted a resolution making the necessary findings to approve the 415 Pacific Coast Highway Project and adopted a Statement of Overriding Considerations and Mitigation Monitoring Program. 3 CITY COUNCIL ACTION Mav 25. 2006 Date. x Approved based on the following findings and subject to the conditions below: Denied based on the following findings: Other. EFFECTIVE DATE OF ACTION: May 25,2006 EXPIRATION DATE OF ANY PERMIT GRANTED: November 25, 2007 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. One six (6) month extension may be permitted. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing and placement of proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods, in that, the project, located on five acres of Santa Monica State Beach includes the rehabilitation of historic structures (North House and swimming pool), and the construction of well-designed, new one- and two-story buildings centrally located on the site with ample setbacks from adjacent residential properties. The new construction has also been designed in an L-shape to reflect the site's history, to provide useable and varied open spaces, and to take advantage of the ocean and mountain views provided from the site. The Event House and Pool House have been reduced in sized and re-designed to ensure compatibility with nearby residential uses. The scale of structures has been designed to ensure 4 compatibility with the remaining historic features and overall historic nature of the site. A system of perimeter fencing and gates has been incorporated into the project design in order to control access to the site, and installation of security cameras on site is a condition of project approval. A variety of measures related to use of the site have been have been developed to help ensure compatibility with nearby residential uses. Measures related to on-site parking facilities include the following: Use of parking lots in conjunction with booked special events requires that parking spaces furthest from the adjacent residential uses will be utilized first; parking lots will be closed at 11 pm on weekdays and midnight on weekends; and parking lots will be staffed during events and parking permits shall be issued to event guests. Measures related to on-site activities include the following: amplified music shall only be permitted indoors except during City sponsored day-time events only; and a priority reservation system shall be established at peak use periods for use of the public pool and picnic area as noted on the plans dated May 16, 2006. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that 279 parking spaces will be provided on site within two interconnected lots to serve the project and the beach in a shared use arrangement. Vehicular access is provided from Pacific Coast Highway into a driveway at the south parking lot (Beach Lot 10), with exiting permitted from both the south lot and north lot. Pedestria n and bicycle access to the site is provided along the Santa Monica Beach Bike Path and the sand area between the 1921 mean high tide line and the bike path is defined and organized by two main boardwalks providing universal access and pedestrian circulation to all areas of the site. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that these services already exist to meet the needs of the site and will be complimented by on site security during the evening hours. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 9.04.70 Part 9.04.10.12 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satisfactory meet the goals of the mitigation program, in that the project is exempt based on the fact that the project is not an office development. 5. The project is generally consistent with the Municipal Code and General Plan, in that the project is located within the RVC (Residential Visitor Commercial), BPD (Beach Parking) and Beach Overlay Zoning Districts which allow for the community-oriented uses including recreational buildings, public beaches, playgrounds, recreational areas and parking and these uses are consistent with those proposed by the project. The proposed project is consistent with Proposition S (Beach Overlay Zoning District) in that project components consist of uses expressly authorized by the proposition such as open space, parks, incidental park structures, gardens, playgrounds, recreational buildings, and recreational areas. In accordance with Proposition S (Beach Overlay Zoning 5 District), the project does not propose a hotel, motel, restaurant and/or food service facility of more than 2,000 square feet and/or exceeding one story in height. Furthermore, the project is consistent with General Plan Citywide Objective 1.1 of the Land Use Element which calls for improving the quality of life by providing a balance of land uses consistent with fulfilling the City's role as a regional recreational and business center by providing a regional public recreational resource at the site, and Land Use Element Policy 1.11.1 which encourages the development of recreation facilities to meet the needs of both resident and daytime populations with attention to creating amenities for families with children in that the project includes the rehabilitation of the existing pool for recreational use, construction of a new water play area and associated pool amenities such as showers, restrooms, changing rooms and lockers as well as a community room to be used for informal recreation, an event house, gardens, playgrounds and walkways. The project is consistent with Land Use Element Policy 3.1.3, which encourages the retention of historic and architecturally significant resources, and Goal 3 of the Historic Preservation Element, which calls for an increase in public awareness of the history of Santa Monica and historic preservation in the City, in that the historically significant North House and swimming pool will be preserved and rehabilitated and the site development will feature a multi-faceted interpretive program in response to the high level of community interest in the site's history and its local and regional context. Land Use Element Policy 3.1.3 also states that the design of new buildings should respect the character of nearby historic resources and the new buildings are designed to be compatible with the historic structures on the site while not duplicating their design. The project is consistent with Objective 5 of the Open Space Element which called for establishing stronger connections to regional open spaces in that the project will reuse a portion of State owned beachfront property along the California Coastline for broad public access and through the site's interpretive program will connect visitors to the significance of this site as part of the Santa Monica Mountains National Recreation Area and Santa Monica State Beach. 6. Feasible mitigation measures have been included for all adverse impacts identified in an Initial Study or Environmental Impact Report, in that an Environmental Impact Report was prepared for the project and all proposed feasible mitigation measures have been included in the project approval. REDUCED PARKING PERMIT FINDINGS Shared Parking 1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses in that a total of 279 parking spaces will be provided on 6 site which is sufficient to address the facility plus beachgoer parking demand. The parking demand analysis contained in the EIR determined that the 415 PCH facility would generate a parking demand of 212 spaces. There are 162 existing parking spaces in Beach Lot 10 which must be retained. The demand analysis indicated a peak summer beach period parking demand of 374 spaces, including 100 parking spaces needed to meet the demand for a maximum 200 guest special event. A total of 274 spaces are required for the 415 PCH facility and beachgoers when special events are not occurring. Therefore, the 279 available spaces are sufficient to meet the parking demand for the 415 PCH facility and beachgoers, except when these special events are scheduled at the meeting facilities during peak summer beach days (Mondays-Thursdays during June through September 1 PM - 4 PM and Fridays-Sundays during June through September 10 AM - 6 PM), and during other peak beach days (Saturday and Sunday during October, March, April, and May, 10 AM - 6 PM). In order to address the special event-related demand of up to 100 parking spaces during the peak summer beach season, Mitigation Measure T-2 has been included as a condition of project approval. This measure requires that, if events are scheduled during peak summer days or other peak beach days, the party booking the event shall secure off-site parking within 5 miles of the project site for the guests with a shuttle bus system to transport them to the site, unless the off-site parking is located within walking-distance of the site. The party booking the event shall be required to submit a Transportation and Parking Management Plan to the operator of the site prior to issuance of a permit for use of the facility. The mitigation measure further requires that the management plan include a description of the methodology of notifying guests of the location for the shuttle, if determined by the City to be needed; provide information regarding the number of guests and parking spaces needed to meet this demand; and include evidence demonstrating that 1) pre-paid parking has been secured; and 2) pre-paid shuttle service, if needed, has been hired between the site and the off-site parking lot. The 279 parking spaces provided on site would also be sufficient to address the parking demand for special events scheduled on site after 6 PM during any month of the year. In addition, the 279 parking spaces provided on site are sufficient to address the parking demand for beachgoers, regular site operations and special events scheduled on site after 6 PM during any month of the year. The 279 parking spaces are also sufficient to meet the demand during regular operation of the site, plus beachgoer parking demand, during other peak beach days. 2. Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of conflict between them in that the City of Santa Monica operates all parking lots involved in the parking calculations and a shared parking analysis was conducted as part of the project's Environmental Impact Report (EIR). The analysis indicated that sufficient parking is available for public beachgoers and the 415 PCH facility except if special events are scheduled during peak summer beach days and other peak beach days. A mitigation measure has been identified to address this greater parking demand. 7 The parking facilities for beachgoers (Beach Lot 10) and for the 415 PCH project can be shared except if events are scheduled to occur during peak summer beach days (Mondays-Thursdays during June through September 1 PM - 4 PM and Fridays-Sundays during June through September 10 AM - 6 PM), and during other peak beach days (Saturday and Sunday during October, March, April, and May, 10 AM - 6 PM). Mitigation Measure T-2 has been identified to address the greater parking demand under these scenarios. If events are scheduled during peak summer beach days and other peak beach days, the party booking the event shall secure off-site parking within 5 miles of the project site for the guests with a shuttle bus system to transport them to the site, unless the off-site parking is located within walking-distance of the site, and shall submit a Transportation and Parking Management Plan (Plan) to the operator of the site prior to issuance of a permit for use of the facility. The Plan shall include a description of the methodology of notifying guests of the location for the shuttle, if determined by the City to be needed; shall provide information regarding the number of guests and parking spaces needed to meet this demand; and shall include evidence demonstrating that 1) pre-paid parking has been secured; and 2) pre-paid shuttle service, if needed, has been hired between the site and the off-site parking lot. The 279 parking spaces provided on site would also be sufficient to address the parking demand for special events scheduled on site after 6 PM during any month of the year. In addition, the 279 parking spaces provided on site are sufficient to address the parking demand for beachgoers, regular site operations and special events scheduled on site after 6 PM during any month of the year. The 279 parking spaces are also sufficient to meet the demand during regular operation of the site, plus beachgoer parking demand, during other peak beach days. Mitigation Measure T-2 clearly states when off-site parking will be required and how the provision of off-site parking will be implemented in order to minimize any potential conflicts resulting from the shared use of Beach Lot 10, the North Parking Lot, and an off-site parking facility when special events are scheduled during the peak summer days and other peak beach days. 3. Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building in that the proposed use is on land subject to a long-term operating agreement with the State of California, and includes parking facilities operated by the City of Santa Monica. The City will continue to operate the parking facilities on site that will continue to serve visitors going to the beach and/or to the 415 PCH facility. In addition, Mitigation Measure T-2 which addresses the special event related demand of up to 100 parking spaces is included as condition of project approval (Condition #38) and is also a mitigation measure that is included in the Mitigation Monitoring Program adopted for the project. Monitoring this 8 mitigation measure will be done by the City of Santa Monica, Planning and Community Development Department, Transportation Management Division. WALL HEIGHT MODIFICATION FINDINGS 1. The subject fence, wall or hedge will be compatible with other similar structures in the neighborhood and is required to mitigate impacts from adjacent land uses, the subject property's proximity to public rights-of-way, or safety concerns in that the project fronts on Pacific Coast Highway, an arterial roadway that carries over 75,000 vehicles per day north of the California Incline. The proposed 7'-4" fence is similar in terms of its height and proximity to the public right-of-way when compared to other existing improvements along Pacific Coast Highway in the area of the project site. The proposed 7'-4" fence will help mitigate sound impacts on the site from the highway, and help to address site security issues by controlling access to the site. Additionally, breaks in the fence of a minimum of 20 feet in length will be provided at the south and north parking lots providing views into the site and the shoreline from the highway. 2. The granting of such modification will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located in that the proposed fence will extend along the property frontage for a maximum distance of 662 feet and will replace the historic fence with a fence of similar height that was removed in 1995 due to extensive damage following approval of a Certificate of Appropriateness (Dec. 13, 1993 and extended Oct. 10, 1994). The proposed fence will be replaced in accordance with a Memorandum of Agreement between the City of Santa Monica, the State Office of Historic Preservation and the Advisory Council on Historic Preservation, which specifies that, in addition to local agency review and approval, the design of the new fence will be approved in consu Itation with the State Historic Preservation Officer. 3. The modification will not impair the integrity and character of the neighborhood in which the fence, wall or hedge is located, in that the fence will replace a chain link fence that was installed to secure the site along PCH with a fence that is compatible with the site and is reminiscent of the historic fence 'that once was located along this property line in terms of its height, scale and general character. The proposed fence has been designed to reflect a rhythm similar to the original, historic fence and has also been designed to be compatible with the contemporary architecture of the new construction on site. The proposed fence also addresses the programmatic needs of the site in that it would serve to visually define the facility along PCH, provide site security, and serve as a sound wall. CONDITIONS Plans 9 1. This approval is for those plans dated May 16, 2006 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, specifications, and operations shall be subject to the review and approval of the Transportation Management Division. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Landmarks Commission, or Director of Planning. Landmarks Commission 5. Prior to consideration of the project by the Landmarks Commission, or City Council on appeal, 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 Landmarks Commission, or City Council on appeal, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Landmarks Commission, or City Council on appeal. 7. The Landmarks Commission, or City Council on appeal, in its review, shall pay particular attention to the proposed project's treatment of the historic North House and swimming pool to ensu re that all rehabilitation work is done in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The Commission, or City Council on appeal, shall also pay particular attention to the design of the new buildings on site to ensure that they are compatible with the remaining historic features on the site and the overall historic character of the site. 8. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Landmarks Commission, or City Council on appeal, 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 10 located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Landmarks Commission, or City Council on appeal, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Demolition 9. 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. 10. 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 Ma nagement Division of the Community and Cultural Services Department and the City's Tree Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division. 11. 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. 12. 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. 13. 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. 14. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: 11 mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Construction 15. 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. 16. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits. 17. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 18. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of 12 recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan. 19. A sign shall be posted on the prope rty 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. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 21. 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 22. 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.) 23. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants! occupants of service. 24. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: . Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; . An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; . Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; . Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; 13 . Drainage controls may be required depending on the extent of grading and topography of the site. . New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods. Miscellaneous Conditions 25. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 26. 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. 27. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 28. 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. 29. Automotive repair facilities and dealerships, parking areas and structures, automotive paint shops, gas stations, equipment degreasing areas, 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 caseswhere 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. 30. 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. 14 31. Final approval of any mechanical equ ipment 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. 32. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. 33. Prior to issuance of a Certificate of Occupancy Permit, the applicant shall post a notice at the building entry stating that the site is regulated by a Development Review Permit and the Statement of Official Action, which includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. Validity of Permits 34. 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. 35. 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 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. 36. The approval of this permit shall expire if the rights granted are not exercised within eighteen (18) months from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060, or if the rights granted are not exercised within one (1) year following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no certificate of Occupancy is required, the last 15 required final inspection for the new construction. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer. 37. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. Mitigation Measure Conditions 38. AES-2(a) Planning Commission Review. The physical location, size, massing and placement of proposed structures on the site shall be compatible with and relate harmoniously to surrounding sites and neighborhood. Prior to issuance of Building Permits, the applicant shall submit plans for review and approval by the Planning Commission to demonstrate compliance with this mitigation measure. AES-2(b) Landmarks Commission Review. The design, scale and character of project architecture shall be compatible with the existing Georgian Revival architectural style of the Marion Davies Estate. Rehabilitation of historic resources shall comply with the recommendations of the Cultural Resources Technical Report: Proposed 415 PCH Project (Historic Resources Group 2005) and shall be consistent with the final design requirements outlined in Mitigation Measure HR-1 (a). Prior to issuance of Building Permits, the applicant shall submit detailed plans for review and a pproval by the Landmarks Commission, or City Council on appeal, that demonstrate compliance with this mitigation measure. AES-2(c) Fence Design Requirements. Plans for the proposed project shall include design details of the fence that is envisioned along the street frontage of PCH. The design of the fence shall be compatible with the existing Georgian Revival architectural style of the Marion Davies Estate and shall be subject to review by the Planning Commission and Landmarks Commission, or City Council on appeal, as required pursuant to Mitigation Measures AES-2(a) and (b). AES-3(a) Low-glare Materials. All design and placement of windows shall be of low-glare specification. Paint used for exterior facades shall be of low-reflectivity. Metal surfaces shall be brush-polished, and shall not be highly reflective. AES-3(b) Parking Lot Landscaping. Parking areas shall be landscaped such that the size, type and location of species reduce the glare from vehicles parked on- site. 16 AES-3(c) Lighting Plan. In order to ensure that new sources of light are compatible with existing residential and recreational development along Santa Monica State Beach and to avoid excessive nighttime lighting that is out of character with the land uses surrounding the project site, any exterior night lighting installed on the project site shall be of low intensity, low glare design, and shall be hooded to direct light downward onto the subject parcel and away from surrounding residential uses so that there is no lighting spill-over onto adjacent parcels. In addition, such lighting shall not blink, flash, or oscillate. The City shall develop a Lighting Plan incorporating these requirements which shall be reviewed and approved by the City's Landmark Commission, or City Council on appeal, prior to issuance of a building permit. CON-1 Construction Impact Mitigation Plan. The City shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management during construction and demolition of the Locker Building. This plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development, Transportation Management Division, at a minimum, and shall include the following: · A public information program to advise motorists of impending construction activities (e.g., media coverage, portable message signs, and information signs at the construction site); · Approval from the City, or Caltrans if required, for any construction detours or activity (e.g. haul routes); · Timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Environmental and Public Works Management, and Department of Planning and Community Development); · Coordination of construction work with affected agencies five to ten days prior to start of work; · A traffic control plan for Pacific Coast Highway, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; · A pedestrian/bicyclists control plan for the beach pedestrian/bike path, which includes information regarding the project's construction and activities that will disrupt public use of the path; · Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; · Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; · Limiting of queuing of trucks to on-site and prohibition of truck queuing on Pacific Coast Highway; · Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; 17 · Storage of construction material and equipment within the designated work area and limitation of equ ipment and material visibility to the public; and · Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, it determined necessary by the City of Santa Monica. CON-2(a) Dust Minimization. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site through implementation of the following measures recommended by the SCAQMD Rule 43 Handbook: · During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks 0 r sprinkler systems are to be used to the extent necessary to prevent dust from leaving the site and to create a crust after each day's activities cease. · During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly. · During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. · Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. CON-2(b) Construction Equipment Conditions. Construction equipment used on the site shall meet the following conditions in order to minimize NOx and ROC emissions: · Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment to the extent feasible; and · The operation of heavy-duty construction equipment shall be limited to no more than 5 pieces of equipment at anyone time. CON-3(a) Diesel Equipment Mufflers. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. CON-3(b) Electrically-Powered Tools. Electrical power shall be used to run air compressors and similar power tools. CON-3(c) Additional Noise Attenuation Techniques. For all noise-generating activity on the project site associated with the installation of new facilities, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. 18 CON-3(d) Construction Sign Posting. In accordance with Santa Monica Municipal Code Section 4.12.120, the City shall be required to post a sign informing all workers and subcontractors of the time restrictions for the installation of new facilities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with noise associated with the installation of new facilities can be submitted. GEO-2 Geotechnical Study. A geotechnical study shall be prepared for the project site prior to development. Th is report shall include, but is not limited to, an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically-induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. Suitable measures to reduce liquefaction impacts could include, but are not limited to: (1) specialized design of foundations by a structural engineer; (2) removal or treatment of liquefiable soils to reduce the potential for liquefaction; (3) in-situ densification of soils; and (4) other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with the Uniform Building Code and California Building Code requirements. HHM-3: As part of Mitigation Measure HR-1 (a), as required in Final EIR Section 4.6 Historic Resources, a materials conservator would be required to evaluate the historic ceramic tiles in the pool and North House restrooms and provide appropriate methodology for repair and/or replacement in kind, if necessary. Implementation of Mitigation Measure HR-1 (a) would ensure that the historic tiles are maintained in good condition and further reduce any risk of lead exposure. HR-1 (a) Final Rehabilitation Design. A historically compatible rehabilitation design for the North House, pool and bulkhead shall comply with the Secretary of Interior's Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings or the Secretary of Interior's Standards for Rehabilitation and Guidelines for Historic Buildings (Weeks and Grimmer, 1995). Prior to issuance of a building permit, plans with specific design details shall be prepared and submitted to the Landmarks Commission as part of its review of a Certificate of Appropriateness application which review shall ensure that the rehabilitation and adaptive reuse of the North House and swimming pool, and new construction within the vicinity of the historical resources does not significantly affect and is consistent with the historic character of the project site. As part of this review and any approval of the project, in accordance with the Secretary of the Interior's Standards, the Landmark Commission, or City Council on appeal, shall require the following: . Alterations required for the conversion of the North House into a meeting facility, including the installation of mechanical equipment and alterations related to ADA accessibility, shall be designed so as to integrate, rather than obscure, alter, or remove, character-defining features. . The architectural design of new facilities and landscaping shall be 19 "differentiated from the old," and not detract from or overwhelm the original historic features. . Signage shall be placed in a manner that is compatible with and does not obstruct character-defining features of the North House, pool, or bulkhead. . Testing shall be performed where necessary to ensure that the safest and gentlest means possible are used to clean and repair materials. A materials conservator shall evaluate historic ceramic tiles in the pool and North House restrooms and provide appropriate methodology for repair and/or replacement in kind if necessary. . New facilities, including the Event House, Pool House, Garden and children's water play area shall be designed to maintain spatial relationships of the character-defining features as much as possible. New elements constructed on the site shall be designed to be reversible and to cause minimal impact on the historic fabric of the site. HR-1 (b) Mitigation Plan for Preservation of Historic Materials During Construction: The City shall prepare and implement a Mitigation Plan for Preservation of Historic Materials During Construction to protect historic materials during construction of the proposed project. This plan shall be subject to review and approval by the Planning and Community Development Department prior to issuance of a building permit. At a minimum, it shall include the following: '" . Character-defining features of the property shall dictate the placement of new design components, as well as methods and design of new construction. Structural engineers, in consultation with a designated historian, shall evaluate the condition of extant historical resources to better understand the potential effects of excavation activities and foundation design. . Engineers shall provide a shoring design solution, if necessary, to protect historical resources from construction procedures and mitigate the possibility of settlement due to the removal of adjacent soil. Structural engineers shall also evaluate what temporary seismic movement the new construction may have, and whether any measures need to be taken to allow for this movement. . The removal of historic materials shall be minimized to the extent feasible. If any historic materials are removed, a materials conservator shall evaluate historic material and provide appropriate methodology for handling and/or preservation. HWQ-3(a) Best Management Practices. The City shall include best management practices (BMPs), such as sand filters and grease traps, within the reconfigured surface parking lots to intercept and effectively prohibit pollutants, sediment, and debris from discharging offsite. HWQ-3(b) Landscape Maintenance Plan. A landscaping maintenance plan shall be implemented that limits the use of herbicides and inorganic fertilizers applied to landscaping to quantities that are necessary to treat specific problems. The maintenance plan shall incorporate features from the City of Santa Monica's 20 Integrated Pest Management Program, which include, but are not limited to the following: pest-resistant plants, provisions for mechanical weed control to be used wherever and whenever possible as the first choice; determination of the probable cause of a disease problem and correction as necessary (e.g. soil nutrient problems, irrigation, water quality, and plant type) prior to chemical use; provisions that herbicides are to be used only when necessary to cure a problem and not as a preventative measure or as a regular, periodic application; and, guidelines for use of chemical forms that have a low potential for leaching from the site. T-2 Off-Site Parking. If events are scheduled during peak summer beach days (Mondays -Thursdays during June through September 1 PM - 4 PM and Fridays - Sundays during June through September 10 AM - 6 PM), and during other peak beach days (Saturday and Sunday during October, March, April, and May, 10 AM - 6 PM), the party booking the event shall secure off-site parking within 5 miles of the project site for the guests with a shuttle bus system to transport them to the site, unless the off-site parking is located within walking-distance of the site, and shall submit a Transportation and Parking Management Plan (Plan) to the operator of the site prior to issuance of a permit for use of the facility. The Plan shall include a description of the methodology of notifying guests of the location for the shuttle, if determined by the City to be needed; shall provide information regarding the number of guests and parking spaces needed to meet this demand; and shall include evidence demonstrating that 1) pre-paid parking has been secured; and 2) pre-paid shuttle service, if needed, has been hired between the site and the off-site parki ng lot. T -1 (c) PCH and Lot N Entrance/primary proj~ct access point. The applicant shall use its good faith reasonable efforts to obtain approval of a full signal at this location, including filing a Caltrans Encroachment Permit application or other application, plans, specification and studies that provide sufficient information and details to enable Caltrans to evaluate implementing the Mitigation Measure. These applications shall be submitted prior to issuance of building permits. If timely approved by Caltrans, such improvements shall be completed prior to issuance of a certificate of occupancy for the project. In submitting applications for this signal, the applicant will request that the signal be demand-actuated and be integrated into the signal progression on Pacific Coast Highway. Monitoring of Conditions 39. 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 21 and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project own~r 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 40. As shown on plans dated May 16, 2006, the following design elements are required: perimeter railings and fencing; gates at all parking lots; and gates at all entries to open space areas east of Beach Walk, including the public restroom entries. 41 . As shown on plans dated May 16, 2006, the following design elements are required: an enclosed picnic area adjacent to pool. 42. Installation of security cameras shall be required on site prior to issuance of Certificate of Occupancy. 43. The site will be staffed with on-site personnel year-round including daytime ranger staffing at peak use periods and night-time security staffing. 44. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 45. The size of individual meeting rooms shall not exceed 2,000 square feet. 46. A priority reservation system shall be established at peak use periods for use of the public pool and picnic area as noted on the plans dated May 16, 2006. 47. Parking lots shall close at dark for general public parking but remain open and available for event parking only. Parking lots will be staffed during events and parking permits shall be issued to event guests. 48. On site events shall end no later than 10 pm weekdays and 11 pm on Saturdays and Sundays, with the parking lots closing no later than 11 pm weekdays and midnight on Saturdays and Sundays. 49. Booked social functions or meetings where the primary activity includes sit-down meal service shall be limited to a total of 2,000 square feet at one time. Food service that is incidental to meetings or social functions shall be exempt from this requirement. The existing restaurant on-site is exempt from this requirement. 22 50. Organized food service shall be provided by on-site concessionaire and approved offsite caterers under contract with the City of Santa Monica. 51 . Alcohol use shall be restricted to beer and wine only; staffed bar service only (caterer permit), for booked indoor events only; service of alcohol is required to end % hour before end of events. 52. No outside furniture rentals permitted for special functions or meetings. Furniture to be provided by site operator. 53. Amplified music shall be permitted outdoors during City sponsored day-time events only. 54. The operator shall direct guests visiti ng the site for meetings or social functions to park their vehicles in the central lot before use of the south or north parking lots. 55. The site east of the Beach Walk, and the public restrooms, as labeled on the plans dated May 16, 2006 shall close at dark year round except for booked uses. 56. During social functions staff shall be provided to patrol the premises east of the Beach Walk and including the parking lots to ensure that guests are not disruptive to adjoining residential properties and their residents. 57. The operator shall prohibit loitering and control noisy guests leaving the site. 58. A minimum 15" X 12" sign shall be posted at each parking lot requesting patrons exit the site in a manner that will not disturb nearby residential neighborhoods. This information shall also be provided in all marketing materials that are prepared for rental of facilities on the site for meetings and social functions. 59. No exterior activities such as deliveries, trash disposal or other maintenance activities, except in the case of an emergency shall be conducted between 11 pm and 7:00 am seven days per week. 60. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12) unless more restrictive conditions are imposed by this permit. 61. To mitigate solid waste impacts associated with the project, the applicant shall prior to issuance of a Certificate of Occupancy submit a recycling plan to the Environmental and Public Works Management Department for approval. The recycling plan shall include 1) a list of recyclable material such as paper, plastic, metal aluminum and glass to be recycled; 2) the location of recycling bins 3)describe the nature and extent of pick up service 4) identify plans to inform visitors of the recycling program. 23 62. Exterior building, parking lot and landscape lighting shall be designed to shed light pools on the project site to enhance safety. All outdoor lighting shall be shielded and directed downward, and have sharp cutoff qualities at property lines to minimize light and glare impacts. 63. Architectural lighting shall be provided to the extent necessary to highlight architectural elements. Security lighting shall be installed as required to provide a secure environment for users of the site. 64. In the event that historic artifacts a re exposed during grading operations, all earth-disturbing work within the subject property must be temporarily suspended or redirected until a historic consultant has evaluated the nature and significance of the find. After the find has been appropriately assessed and mitigated in accordance with the Secretary of the Interior's Standards, work within the area may resume. 65. Truck deliveries to the site shall be required to occur outside of the a.m. and p.m. peak hours, except in the case of an emergency. 66. The applicant shall include in its application to the California Coast Commission all operational conditions (Special Conditions #40-#63 and #65 and Mitigation Measure Condition #38 T -2 Off-Site Parking) contained in this Development Review Permit (06DR-002) as part of the project description to be reviewed by the California Coastal Commission for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway as a public, beach-oriented recreation facility. VOTE Ayes: Bloom, Genser, McKeown, O'Connor, Shriver and Holbrook 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. I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. 24 ~ ~.-..;} MARIA M. STEWART, ity Clerk "1.....l ~-Ub Date Acknowledqement bv Permit Holder I agree to the above conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval. Signature Date Print name here Drivers License Number F:\CityPlanning\Share\COUNCfL\STOAS\2006\06APP-030 and 06APP-032 Council STOA (415 PCH).doc 25