Loading...
SR-402-010 (16) . . IJ 01--- 01 f!) / ~-'(; MA} 2 2 1990 santa Monica, California C/ED:PB:DKW:WW:ww Pc/ccdr894 council Mtg: May 22, 1990 TO: Mayor and City council FROM: city staff SUBJECT: Appeal of Planning commission Approval of Development Review 89-004, Conditional Use Permit 89-019 and Performance Standards Permit 89-017, for Development of a Three Story (45 ft. height), 61,650 Square Foot (2.0 FAR), Mixed Commercial Building On the North Side of Wilshire Boulevard Between Twenty-Second street and Twenty-Third Street in the C6 (Interim Boulevard Commercial) District. The Appeal Also Pertains to EIR 916 That Was Certified by the Planning Commission. Applicant: century West Development, Inc. Appellants: Save Our Neighborhood Committee and Mid City Neighbors. INTRODUCTION This report recommends that the City Council deny the appeal application and uphold the Planning Commission action on DR 88-005, CUP 88-019, PSP 89-017 and EIR 916. The Planning commission voted 4-1 to approve the project and certify the EIR. ( See Exhibit A) . On April 18, 1990, the applicant appealed the Planning Commission's approval of the project (See Exhibit B). The appellants request City Council denial of the above applications and decertification of the EIR. BACKGROUND On April 4, 1990, the Planning Commission approved a proposal to demolish an existing restaurant, retail flower shop and two vacant rent controlled residential units located on the 30,825 - 1 - /~~8 MAY 2 2 1990 . . sq.ft., C6 zoned site to permit the development of a three story, 6l,650 sq.ft. (2.0 FAR), 45 foot high, mixed use commercial building. The first floor of the project contains a 14,489 sq. ft. of retail floor area, a 4,000 sq.ft., restaurant and a 1,594 sq.ft., covered parking area. The second and third floors contain 39,767 sq. ft. of office floor area and two relocated second-floor rent controlled residential units that are presently located on the northeast corner of the site. A Category "D" removal permit was granted by the Rent Control Board to allow the demolition of the two existing units. The two relocated second floor units will be situated a minimum distance of 2414" from the nearest property line and will be developed with four designated parking spaces located on the first level of the subterranean parking garage. Landscaping is provided adjacent to the residential units to create a more neighborhood friendly design. A Performance Standards Permit is required to permit residential units in the C6 District. Under SMMC Section 9022.6 a Development Review Permit is required to allow any new development of more than 30,000 square feet in floor area. A Conditional Use Permit is required to permit the on-sale General (Type 47) alcohol sales use in connection with the pro- posed 160 seat. The restaurant use is permitted by right in the C6 District and the cup request pertains only to the alcohol sales use. The restaurant floor area is located on the southwest - 2 - . . corner of the site (Wilshire/Twenty-Second street) and will have operating hours of 11:00 a.m. to 11:00 p.m. daily. The retail space will be located along the remaining public street frontages (Wilshire/Twenty-Third). A total of 135 office, 10 retail and 15 peak hour restaurant eIDployees are proposed. The proposed project will provide 225 subterranean parking spaces accessed by a driveway on 23rd street and located approximately 75 feet north of Wilshire Boulevard. Thirteen at grade parking spaces accessed from an abutting 15 foot wide alley, require vehicle use of 22nd Street or 23rd street. A total of 133 park- ing spaces (calculated at 1 sp. per 300 sq. ft.) are required for the general office floor area. A total of 48 spaces (calculated at 1 sp. per 300 sq.ft.) are required for the retail portion of the development and a total of 53 spaces are required for the 4000 square foot restaurant (calculated at 1 sp. per 75 sq. ft. of floor area). Four additional parking spaces are required for the two residential units (calculated at 2 spaces per 2 bedroom unit) . The combined 238 parking spaces comply with the Code parking requirement established for the mixed use project. There are no tandem parking spaces proposed. Twenty-nine percent of the combined 234 commercial parking spaces are designated as com- pact parking spaces. An Environmental Impact Report was prepared to evaluate potential environmental impacts resulting from project development. (See Exhibit C). The EIR evaluated traffic, shade and shadow, noise, air, land use, plant life, sewer and light and glare areas and - 3 - . . concluded that all potential adverse environmental impacts can be reasonably mitigated to a level of nonsignificance. During the April 4, 1990 hearing, neighborhood residents and mem- bers of the Mid-city Neighbors organization expressed concerns regarding potential traffic intrusions that might result from locating the parking garage driveway on Twenty-Third street, the scale and mass of the three story building, and the need to re- quire adoption of a statement of overriding considerations to address cumulative impacts identified in the EIR. The Planning Commission determined that the location of the garage driveway ramp, along Twenty-Third Street (approximately 75 feet north of Wilshire Boulevard) would not result in greater neighborhood traffic intrusions for residents located north of the site, that the building's perceived scale and mass was great- ly reduced by extensive articulation, fenestration and focal design elements and that as indicated in the FEIR, under CEQA section 15091, a statement of overriding considerations is re- quired only if the specific project being considered will result in significantly adverse unavoidable impacts. The Commiss ion determined that the project alone would not result in significant adverse impacts that could not be reduced to a level of nonsig- nificance when mitigation measures are applied. On April 18, 1990, the appellants filed an appeal for the project that states: 1. There is no evidence to support the argument that traffic mitigation measures will be effective and the project will require adoption of a Statement of Overriding Considerations; - 4 - . . :2 . Al ternative forms of vehicle access and egress were not substantially considered by the Planning Commission; 3. Mitigation measures recommended for the intersection of 23rd street and santa Monica Boulevard are infeasible and dangerous; 4. The developer may have been given credit for a mitigation measure at 26th and Wilshire that was previously awarded to another project; 5. The commission did not seriously address staff's recommen- dation of an additional 10 foot setback at the rear of the project. Considering recent litigation regarding real estate value and the loss of sunlight, this has far reach- ing ramifications; 6. Cumulative impact for three projects within the area (200,000 sq.ft., of development and an increase of 5,000 car trips) was not considered. ANALYSIS The issues raised in the April 18, 1990 appeal form were exten- sive1y evaluated as part of the EIR process, in the Planning Com- mission staff report and discussed during the April 4, 1990 Plan- ning Commission hearing. Several of the issues were also dis- cussed during a March 27, 1990 neighborhood meeting conducted by the Mid-City Neighbors. The first appeal issued cited by the appellants indicates that there is no evidence to support the argument that traffic mitiga- tion measures will be effective and therefore, the project will require adoption of a Statement of overriding Considerations. The Final EIR and Planning commission staff report clarify under what circumstances a statement of Overriding Considerations must be adopted. Under Section 15091, a statement of overriding con- siderations must be adopted when the specific project being con- sidered will result in adverse environmental impacts that cannot - 5 - . . be successfully mitigated to a level of nonsignificance. A statement of Overriding Considerations is not required when other projects listed on the Cityls cumulative projects caselist con- tribute to significantly adverse cumulative impacts. Under CEQA, a proposed project is not required to assume responsibility for cumulative traffic impacts. In the present case, the FEIR con- cluded project related traffic impacts could be mitigated to a level of nonsignificance through implementation of traffic measures. The preface to the Environmental Impact Report refers to Section 15151 of the State CEQA Guidelines that states: An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be re- viewed in the light of what is reasonably feasible. Dis- agreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagree- ment among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. Consistent with the California Environmental Quality Act, the FEIR identifies potential adverse traffic impacts and recommends feasible mitigation measures for reduction of significant impacts and traffic intrusions to acceptable levels. The Planning Com- mission (acting as decision-makers), determined that the EIR had been prepared with a sufficient degree of analysis and that pro- posed mitigation would reasonably reduce impacts to a level of nonsignificance. It should also be noted that during the March 27, 1990 neighborhood meeting, some residents indicated that they - 6 - . . felt the EIR was complete and contained a full disclosure of the facts. The second issue raised by the appellants indicates that alterna- tive forms of vehicle access and egress were not substantially considered by the Planning Commission. In fact, the FEIR (p. 5- 41) did consider proj ect access from Wilshire Boulevard as a vehicle access alternative and found that attempting to make mid- block left turns off/onto Wilshire without the aid of a traffic signal would be difficult to accomplish and could result in other adverse motorist and pedestrian impacts. The Planning Commis- s ion concurred wi th the FEIR finding and approved access as shown on plans, along Twenty-Third street. Prior to distribution of the FEIR, the city Traffic Engineer and EIR traffic consultant (DKS) discussed the feasibility of providing vehicle access on Wilshire Boulevard and concluded that access from Twenty-Third, near a signalized intersection would be more appropriate. The third issue cited in the appeal form states that restriping mitigation measures recommended for the intersection of 23rd street and Santa Monica Boulevard are infeasible and dangerous. The City parking and Traffic Engineer reviewed the proposed mitigation measures and determined that the proposed restriping measures would not require narrowing of the traffic lanes below widths acceptable under city traffic engineering standards and that the reduced flow associated with narrower lanes would be compensated for by the additional lanes resulting from restriping. The proposed measure does not a1 ter the existing widths of lanes on the north leg of the Santa Monica/23rd - 7 - . . intersection. The FEIR, City staff and Planning Commission determined that that danger to motorists and pedestrians would not result from the restriping measure. Similar restriping measures have recently been approved for other proj ects (i. e. , 2919 Wilshire, 800 Wilshire). The fourth appeal issue indicates the developer may have been given credit for a mitigation measure at 26th and wilshire that was previously awarded to another project. The FEIR (pp. 5-28 to 5-32) provides a description of mitigation measures that have been approved and projects located within the project vicinity. On October 10, 1989, the city council approved a development proposal for a four story, 47,990 sq.ft., office building at 2919 Wilshire Boulevard subject to the following condition: If requested by the Department of General Services, the developer shall participate in the cost of creating four through lanes in both directions of Wilshire Boulevard at 26th Street. In addition, three through lanes in the northbound and southbound direction, and a right-turn lane in the northbound direction will be necessary. The additional lane configurations have not been requested by General Services. The scope of the previously approved mitigation measure also differs from the proposed mitigation measure. The proposed mitigation measure provides: To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in both eastbound and westbound directions at the intersection of Wilshire Boulevard and 26th street that can be accomplished through restriping. The mitigation measure approved for 2919 Wilshire Boulevard does not require installation of exclusive right turn lanes on Wilshire Boulevard. Nonetheless, the mitigation measure approved - 8 - . . for the 2919 Wilshire Boulevard development is referenced and factored into the FEIR. The fifth issue raised by the appellants states that the Commission did not seriously address staff's recommendation of an additional 10 foot setback at the rear of the project. The FEIR indicated that during winter solstice the building would cast a shadow length of 123 feet for a maximum of 105 minutes. The FEIR concluded that the impact would be adverse but less than significant. The Planning staff recommended in its report to the the Commission the provision of an additional 10 foot setback on the entire third floor of the proj ect, to address shade and shadow impacts and to increase solar access for projects located north of the site. During the public hearing the developer presented a shadow diagram that showed the 10 foot setback would result in a negligible difference in solar access for residential units located to the north. The Planning Commission determined that the diagram presented by the developer was accurate and convincing and therefore deleted the proposed staff condition pertaining to the added setback. The final appeal issue indicates that the cumulative impact for three projects within the area (200,000 sq. ft. of development and an increase of 5,000 car trips) was not considered. The traffic analysis prepared by DKS considered cumulative traffic impacts for projects listed on the city's cumulative projects case1ist. In accordance with city practice, the list is set at a given point in time to avoid constant recalculation of impacts due to the regular submittal of new development applications. The - 9 - . . traffic report methodology and analysis were reviewed and approved by City staff and reflects adopted City policy concerning traffic mitigation. BUDGET/FINANCIAL IMPACT The recommendations presented in this report do not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the council deny the appeal and uphold the Planning Commission's certification of EIR 916 and approval of DR 89-004, CUP 89-019 and PSP 89-017 based upon the following findings and conditions: DEVELOPMENT REVIEW FINDINGS 1. with the project reV1S10ns and conditions approved by the Commission and Council, the physical location, size, mass- ing, and placement of proposed structures on the site and the location of proposed uses within the project are com- patible with and relate harmoniously to surrounding sites and neighborhoods, in that the building is located on wil- shire Boulevard, which is characterized by a range of com- mercial development, including office buildings with simi- lar building heights as approved by the Commission and Council and that the proposed development, with its 2.0 FAR and three story height and minimum 24'4" setback adja- cent to the north property line will provide an adequate land use transition and noise buffer between commercial uses and residential uses located to the north. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the revised site design will provide adequate driveway and parking facili- ties and the site is adjacent to a major arterial which will provide vehicle ingress/egress. 3. The health and safety services (pOlice, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is proposed to be an in-fill of an already developed area - 10 - . . with all necessary services and infrastructure already in place. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project will be required to comply with the re- quirements of this program. 5. The project is generally Code and General Plan, in is designed to meet requirements. consistent with the Municipal that the project as conditioned all code and General Plan 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Environmental Impact Re- port, in that all reasonable mitigation measures recommen- ded by the EIR have been included as conditions of approv- al for the project. 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 C6 Zoning District encourages restaurant proj ects and conditionally permits the sale of alcoholic beverages. The ancillary sale of alcoholic beverages in connection with a bona-fide res- taurant should not resul t in adverse environmental effects. 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 site is currently developed with an 8,665 sq. ft. , restaurant that will be replaced by a smaller 4,000 sq. ft. restaurant. The potential for noise and other impacts should be significantly less for the smaller restaurant. The existing restaurant sells al- coholic beverages and therefore a new use will not be introduced onto the site. Any impacts associated with the existing sale of alcoholic beverages in the larger res- taurant should be reduced for the reduced floor area res- taurant. The primary use of the of the 4000 square foot space will be to provide bona fide meal service. Provided the alcohol use does not function as a primary use and the bar does not function as a stand alone bar, the use should not impair the surrounding district and should encourage greater use of other commercial uses along Wilshire. 3. The subject parcel is physically suitable for the type of land use being proposed, in that General Plan Objective 1.6 and the Section 9022.1 of the c6 District encourage development of restaurant uses that are consistent with - 11 - . . the scale and character of surrounding commercial uses. The replacement of the existing restaurant that sells al- coholic beverages with a smaller restaurant with alcoholic beverages should not alter the existing pattern of land use. 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 new restaurant will contain a reduced amount of floor area and will be accessed from off of the adjacent major arterial. 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 restaurant use currently exists on the site and will be reduced in floor area when redeveloped as part of the larger mixed commercial project. The replacement project will contain operating hours and service similar to the previous restaurant use. 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 infrastructure and public utilities exist for the surrounding urbanized area and the project will not result in a significant need for new or expanded services. 7. Public access to the proposed use will be adequate, in that the site is located along wilshire Boulevard and can be accessed without traveling over residential streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the restaurant will be lo- cated directly adjacent to the major arterial and will not contain a direct view of adjacent residential uses located to the north. The entrances to the restaurant are located away from the adjacent residential uses. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the General Plan encourages restaurant uses along Wilshire Boulevard. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, as stated above. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the project is conditionally permitted and will comply with code standards for al- coholic outlets. - 12 - . . 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the res- taurant with alcohol sales is intended as a redevelopment project that will replace an existing restaurant with al- cohol sales use. The total number of alcohol outlets will not be increased by approval of the replacement project. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the use is one which is conditionally permitted in the C6 District, and is intended as a redevelopment project that will replace a larger restaurant with a smaller restaurant. No new alcohol establishments will be created elsewhere on the site in connection with the redevelopment project. Provided the sale of alcoholic beverages remains an ancillary use in conjunction with the operation of a bona fide restaurant use, issuance of the permit should not result in adverse land use impacts. The restaurant will allow employees and customers of other proposed onsite uses to obtain sit down meal service without requiring use of vehicles to access the restaurant location. The restaurant will encourage greater neighborhood and onsite pedestrian use. 2. The proposed use is compatible with existing and potential uses wi thin the general area; traffic or parking congestions will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the redevelopment proj ect will not contain a large bar area that could potentially function as a stand alone bar use, the proposed hours of use will not conflict with office and retail uses on site and will not result in excessive noise and traffic during late evening and early morning hours and the location of the restaurant on the front of the site will encourage customer access from the major arterial. - 13 - . . 3. The welfare of neighborhood residents will not be adversely affected in that as indicated the restaurant will be located on the front of the site and will not require extensive vehicle use of residential side streets. The replacement proj ect will be much smaller than the existing restaurant use and should therefore resul t in less potential adverse impacts. 4. The granting of the license will not contribute to an undue concentration of alcohol outlets in the area in that the restaurant uses is intended as a replacement project. The existing restaurant contains a full scale liquor license and therefore the new restaurant will not increase the amount of alcohol outlets in the area. 5. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that restaurant is located adjacent to the Wilshire Boulevard frontage, is separated from residential uses to the north by a 15 foot wide alley and does not contain customer entrances adjacent to the residential uses. Provided vehicle access is provided exclusively from Wilshire Boulevard, restaurant customers will not be required to circulate through adjacent residential neighborhoods. PERFORMANCE STANDARD PERMIT FINDINGS 1. The proposed use is listed as a use permitted pursuant to performance standards contained in Chapter 10 of the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, in that SMMC section 9050.11 provides for the development of residential uses in commercial districts because of their convenience to commercial uses and th ensure that an appropriate amount of housing is maintained throughout the entire city. 2. The proposed use conforms precisely to the performance standards for the proposed use as outlined in Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that development standard pertaining to the location of units, unit access, vehicle parking, noise insulation, lighting, design of units, landscaping, refuse storage and setbacks have been complied with. 3. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the residential units will be accessed separately from the commercial floor areas, will contain sound absorbency walls, will contain adequate setbacks from the surrounding transportation thoroughfares and will contain adequate residential parking. - 14 - . . CONDITIONS OF APPROVAL 1. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in both eastbound and westbound direc- tions at the intersection of Wilshire Boulevard and 26th street that can be accomplished through restriping. 2. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in the eastbound and westbound directions and of providing a left turn through lane and right turn lane in both the northbound and southbound direction at the intersection of wilshire Boulevard and 23rd street that can be accomplished through restriping. 3. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing an exclusive left turn lane a through/right turn lane at the intersec- tion of Santa Monica Boulevard and 23rd street that can be accomplished through restriping. 4. To mitigate short term air quality impacts identified in EIR 916, the applicant shall water the construction site twice daily to reduce dust generation and increase water- ing frequency when winds exceed 15 mph. As an alterna- tive, biodegradable soil stabilizers could be used along dirt access roads and portions of the site not in current excavation. 5. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cease grading operations when winds exceed 30 miles per hour (wind speed common during Santa Ana conditions). 6. To mitigate short term air quality impacts identified in EIR 916, establish an on-site speed limit for construction vehicles of 15 mph. 7. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover stockpiled materials to prevent excess dust. 8. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover trucks during transpor- tation of excess dirt. 9. To mitigate short term air quality impacts identified in EIR 916, the applicant shall operate all diesel-operated construction equipment with a four degree ignition retard. lO. To mitigate short term air quality impacts identified in EIR 916, the applicant shall use low sulfur fuel and prop- erly maintain and operate all construction equipment. Turn-off engines when not in use for more than five minutes. - 15 - . . 11. To mitigate short term air quality impacts identified in EIR 916, the applicant shall schedule construction related trips during non-peak hours to reduce peak hour emissions. 12. To mitigate short term noise impacts identified in EIR 916, the app1 icant shall adhere to the city's Municipal Code requirements and Ordinance 1458 regarding time limits for construction. 13. To mitigate short term noise impacts identified in EIR 916, the applicant shall equip each internal combustion engine with a muffler of a type recommended by the manufacturer. 14. To mitigate short term noise impacts in EIR 916, the ap- plicant shall enclose stationary generator engines with the proper engine housing at all times. 15. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall make use of glass that has minimum reflective capabilities for the rooftop skylight and for windows throughout the building. 16. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall provide no more than 25% glass on the rear building facade. 17. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall use light building materials and avoid the use of mirrored or darkly-tinted exterior glass. 18. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall direct exterior lighting toward the project and away from residential uses located to the north. Flood lighting shall be prohibited. 19. To mitigate potential impacts identified in EIR 916, the applicant shall submit to the Parking and Traffic Engineer prior to issuance of building permits for approval a park- ing validation plan that indicates the manner in which employees and customers will be notified regarding the availabili ty of validated parking and the time periods during which it will be provided. 20. The Architectural Review Board, in its review shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. As part of it's re- view; the Board shall pay particular attention to the landscaping and pedestrian walkway located along Wilshire Boulevard, Twenty-Third street and Twenty-Second Street. A minimum 10 foot average setback shall contain appropri- ate landscaping materials without precluding pedestrian access. - 16 - . . 21. If prior to the time that final building permits are is- sued for the building, the City has revised the code land- scaping requirement pertaining to the provision of an average 10 foot landscaping setback, to require less land- scaping adjacent to a public right-of-way, the applicant shall revise the landscaping plans to provide compliance with the code revision. Plans 22. This approval is for those plans dated February 22, 1989, 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. 23. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 24. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 25. 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, Architectural Review Board or Director of planning. 26. Construction period signage shall be subject to the approval of the Architectural Review Board. 27. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 28. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment: glazing; and landscaping. As part of it's re- view, the Board shall pay particular attention to the amount of landscaping located along wilshire Boulevard, Twenty-Third Street and Twenty- Second street. A minimum 10 foot average setback shall contain appropriate land- scaping materials. The Architectural Review Board shall attempt to approve plans that reduce the perceived visual bulk and mass of the structure when viewed from Wilshire Boulevard. 29. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. - 17 - . . 30. The residential units shall be provided two parking spaces per unit that are clearly marked for residential use only. 31. The residential units shall be constructed so that interi- or noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 p.m. and 7:00 a.m. 32. The residential units shall contain exterior lighting that complies with section 9040.7 33. The second floor area of the building that will accommo- date the residential units shall contain an exterior ap- pearance and character which denotes it as housing. 34. Landscaping or another suitable noise buffer shall be placed adjacent to the residential units to reduce noise and to provide a neighborhood friendly development. 35. The residential units shall maintain a separate refuse storage container separate from the storage container used with the commercial floor area. The container shall be clearly marked for residential uses only. 36. The residential units shall maintain a minimum average 10 foot setback but in no case less than 5 feet from all par- cel lines. 37. The restaurant hours of operation shall be limited to 11:00 a.m. to 11:00 p.m. Sunday through Saturday. 38. No alcoholic beverages shall be sold prior to 11:00 a.m. daily or after 11:00 p.m., daily. 39. The restaurant operator shall control noisy patrons leav- ing the restaurant. 40. The premises shall have the capability to serve food to patrons during all hours the establishment is open for customers. 41. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 42. Seating arrangements for all restaurant floor area(s) shall not exceed 160 seats and the number of total seats shall not be expanded by more than 10% unless approved by the Director of Planning. 43. Take out service shall be only incidental to the primary sit-down use. 44. No alcoholic beverage shall be sold for consumption beyond the indoor premises. - 18 - . . 45. No dancing or live entertainment shall be permitted on the premises unless required permits are obtained. 46. The restaurant 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. 47. The operation of the restaurant must be commenced within six months from the issuance of the certificate of Occupancy issued for the commercial portion of the building. This time limit may for good cause be extended pursuant to SMMC section 9114.6. Fees 48. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the Cityls Transportation Manage- ment Plan. 49. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. Demolition 50. Until such time as the demolition is undertaken, and un- less 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 surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 51. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 52. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum - 19 - . . 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. 53. 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. 54. Prior to issuance of a certificate of occupancy for this project, the project shall comply with any ordinance adop- ted by the city Council to implement Program 10 of the Housing Element. In the event that such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for this development proj ect, this condition shall be of no further force and effect. Failure to adopt and implementing ordinance shall not excuse a developer from the obligation to comply with any other condition imposed in connection with Program 10 of the Housing Element. Construction 55. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 56. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 57. 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. 58. Street trees shall be maintained, relocated or provided as required in a manner consistent with the cityls Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 59. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors 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) - 20 - . . Describe how much of the pUblic street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pi1e- 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 dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-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 normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-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; ~5) List a designated on-site construction manager. 60. A sign shall be posted on the property in a manner consis- tent 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. 61. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 62. 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.) 63. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new proj ect will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow attributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with guidelines developed by the General Services Department. - 21 - . . 64. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner sh~ll submit a recycling plan to the Department of General Services 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. 65. To mitigate circulation impacts, prior to issuance of a certificate of Occupancy, proj ect owner shall submit a transportation demand management plan to the Department of General Services for its approval. This plan shall in- clude: 1) Name, address and telephone number of desig- nated person (s) responsible for coordinating transporta- tion demand management measures at the development. 2) Demand management measures to be employed at the site to reduce circulation impacts which would otherwise occur. Such measures may include, but are not limited to programs addressing: A. Education and Marketing to alert employees and visitors to the site to demand reduction programs and incentives; B. Parking Management such as parking charges for single-occupant vehicles, reduced rates for car and vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car and vanpool sub- sidies; D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens and passes to employees and visitors; E. Bicycling pro- grams such as provision of secure bicycle storage facili- ties, provision of showers and lockers; F. Alternative Work Schedules for building employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip Length Reduction by programs to increase proportion of employees residing wi thin three miles of the proj ect site. The goal of the Transportation Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent. 66. Landscaping plans shall comply wi th Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. Miscellaneous Conditions 67. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 68. 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. - 22 - . . 69. No medical office use shall be permitted at the site unless addi tional parking spaces are created to comply with the Code parking requirement. 70. 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 sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 71. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC section 9040.l3-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. 72. 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 General services. Validity of Permits 73. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 74. 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 75. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. 76. The applicant shall comply with the General Services De- partment to provide a 216" wide dedication to run adjacent to the 15 foot wide alley. This dedication shall be be provided prior to issuance of building permits. - 23 - . . 77. The applicant shall install directional signage at the parking garage exit that indicates right-turn-only vehicle movement may be made onto Twenty-Third street. 78. The applicant shall install a curved raised median strip at the parking garage exit that forces vehicles to make a right-turn-only onto Twenty-Third street. The specifica- tions of the curved median strip shall be approved by the Parking and Traffic Engineer prior to issuance of building permits. PROJECT MITIGATION FEE CONDITION 79. In accordance with sections 9046.1 - 9046.4 of the santa Monica Municipal Code, prior to issuance of a building permit the developer shall execute an irrevocable letter of credit or other form of security acceptable to the City for the payment of an in-lieu fee for housing and parks equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net rentable office floor area and $S.OO/sq.ft. for the remaining net rentable office floor area. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index ("CPI") between October 1984 through the month in which the payment is made. Upon mutual agreement of the developer and the City, the developer may satisfy the Project Mitigation measures by providing low and moderate income housing or developing new park space on or off the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the City Attorney and City staff prior to is- suance of a building permit. This fee will be $180,240.20 (if paid prior to April 21, 1990). Monitoring of Conditions 80 . Pursuant to the requirements of Publ ic Resources Code Section 210Bl.6, the City Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the proj ect made in conj unction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division i tsel f and other ci ty divisions and departments such as the Building Division, the General Services Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, certifi- cate of occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or certificate of - 24 - . . Occupancy, and, as appl icable, provide periodic reports regarding compliance with such conditions. Prepared by: Paul Ber1ant, Director of Planning D. Kenyon Webster, Principal Planner Wanda Williams, Associate Planner Planning Division Community and Economic Development Department ATTACHMENTS: Exhibit A-4/4/90 Planning Commission Memorandum and Statement of Official Action Exhibit B-4/18/90 Appeal Exhibit C-EIR 916 WW:ww PC/ccdr894 05/15/90 - 25 - . . 'r" 1".,/ STATEMENT OF OFFLCIAL ACTION PROJECT NUMBER: DR 89-004, CUP 89-019, PSP 89-017, EIR 916 LOCATION: 2221 Wilshire Boulevard APPLICANT: Century West Development, Inc. REQUEST: Development Review 89-004, Conditional Use Permit 89-019, Performance Standards Permit 89-017 and Environmental Impact Report 916 to develop a three story (45 ft. height), 61,650 square foot (2.0 FAR), mixed commercial building on the north side of Wilshire Boulevard between Twenty-Second Street and Twenty-Third Street in the C6 (Interim Boulevard Commercial) District. PLANNING COMMISSION ACTION 04/04/90 Date. Approved project based on the following findings and subject to the conditions below. Denied. X Other. Adopted Attached Resolution Certifying the Adequacy of EIR 916 and Approved DR 89-004, CUP 89-019 and PSP 89-017 based on the fo11woing findings and subject to the conditions below: FINDINGS DEVELOPMENT REVIEW FINDINGS 1. With the project revisions and conditions approved by the Commission the physical location, size, massing, and placement of proposed structures on the site and the loca- tion of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods, in that the building is located on Wilshire Boulevard, which is characterized by a range of commercial development, including office buildings with similar building heights as approved by the Commission and that \ the proposed development, with its 2.0 FAR and three story height and minimum 2414" setback adj acent to the north property line will provide an adequate land use transition and noise buffer between commercial uses and residential uses located to the north. - 1 - . . 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the revised site design will provide adequate driveway and parking facili- ties and the site is adjacent to a major arterial which will provide vehicle ingress/egress. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is proposed to be an in-fill of an already developed area with all necessary services and infrastructure already in place. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project will be required to comply with the re- quirements of this program. 5. The project is generally Code and General Plan, in is designed to meet requirements. consistent with the Municipal that the project as conditioned all code and General Plan 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Environmental Impact Re- port, in that all reasonable mitigation measures recommen- ded by the EIR have been included as conditions of approv- al for the project. 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 C6 Zoning District encourages restaurant projects and conditionally permits the sale of alcoholic beverages. The ancillary sale of alcoholic beverages in connection with a bona-fide res- taurant should not result in adverse environmental effects. 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 site is currently developed with an 8,665 sq. ft., restaurant that will be replaced by a smaller 4,000 sq. ft. restaurant. The potential for noise and other impacts should be significantly less for the smaller restaurant. The existing restaurant sells al- , coholic beveraqes and therefore a new use will not be introduced onto the site. Any impacts associated with the existing- sale of alcoholic beverages in the larger res- taurant should be reduced for the reduced floor area res- taurant. The primary use of the of the 4000 square foot - 2 - . . space will be to provide bona fide meal service. Provided the alcohol use does not function as a primary use and the bar does not function as a stand alone bar, the use should not impair the surrounding district and should encourage greater use of other commercial uses along Wilshire. 3. The subject parcel is physically suitable for the type of land use being proposed, in that General Plan Objective 1.6 and the section 9022.1 of the C6 District encourage development of restaurant uses that are consistent with the scale and character of surrounding commercial uses. The replacement of the existing restaurant that sells al- coholic beverages with a smaller restaurant with alcoholic beverages should not alter the existing pattern of land use. 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 new restaurant will contain a reduced amount of floor area and will be accessed from off of the adjacent major arterial. 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 restaurant use currently exists on the site and will be reduced in floor area when redeveloped as part of the larger mixed commercial project. The replacement project will contain operating hours and service similar to the previous restaurant use. 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 infrastructure and public utilities exist for the surrounding urbanized area and the project will not result in a significant need for new or expanded services. 7. Public access to the proposed use will be adequate, in that the site is located along Wilshire Boulevard and can be accessed without traveling over residential streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the restaurant will be lo- cated directly adjacent to the major arterial and will not contain a direct view of adjacent residential uses located to the north. The entrances to the restaurant are located away from the adjacent residential uses. 9. The proposed use is consistent with the goals, objectives, , and policies of the General Plan, in that the General Plan encourages restaurant uses along Wilshire Boulevard. - 3 - . . 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, as stated above. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the project is conditionally permitted and will comply with code standards for al- coholic outlets. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the res- taurant with alcohol sales is intended as a redevelopment project that will replace an existing restaurant with al- cohol sales use. The total number of alcohol outlets will not be increased by approval of the replacement project. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the pub1 ic interest, and necessary that substantial justice be done in that the use is one which is conditionally permitted in the C6 District, and is intended as a redevelopment project that will replace a larger restaurant with a smaller restaurant. No new alcohol establishments will be created elsewhere on the site in connection with the redevelopment project. Provided the sale of alcoholic beverages remains an ancillary use in conjunction with the operation of a bona fide restaurant use, issuance of the permit should not result in adverse land use impacts. The restaurant will allow employees and customers of other proposed onsite uses to obtain sit down meal service without requiring use of vehicles to access the restaurant location. The restaurant will encourage greater neighborhood and onsite pedestrian use. 2. The proposed use is compatible with existing and potential uses within the general area; traffic or parking congestions will not result~ the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the redevelopment project will not contain a large bar area that could potentially function as a stand alone bar use, the proposed hours of use will not conflict with office and retail uses on site and will not result in excessive noise and traffic during late evening and early morning hours and the location of the restaurant on the front of the site will encourage customer access from the major , arterial. - 4 - . . 3. The welfare of neighborhood residents will not be adversely affected in that as indicated the restaurant will be located on the front of the site and will not require extensive vehicle use of residential side streets. The replacement project will be much smaller than the existing restaurant use and should therefore result in less potential adverse impacts. 4. The granting of the license will not contribute to an undue concentration of alcohol outlets in the area in that the restaurant uses is intended as a replacement project. The existing restaurant contains a full scale liquor license and therefore the new restaurant will not increase the amount of alcohol outlets in the area. 5. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that restaurant is located adjacent to the Wilshire Boulevard frontage, is separated from residential uses to the north by a 15 foot wide alley and does not contain customer entrances adjacent to the residential uses. Provided vehicle access is provided exclusively from wilshire Boulevard, restaurant customers will not be required to circulate through adjacent residential neighborhoods. PERFORMANCE STANDARD PERMIT FINDINGS 1. The proposed use is listed as a use permitted pursuant to performance standards contained in Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, in that SMMC section 9050.11 provides for the development of residential uses in commercial districts because of their convenience to commercial uses and th ensure that an appropriate amount of housing is maintained throughout the entire city. 2. The proposed use conforms precisely to the performance standards for the proposed use as outlined in Chapter 10 of the City of Santa Monica comprehensive Land Use and Zoning Ordinance, in that development standard pertaining to the location of units, unit access, vehicle parking, noise insulation, lightinq, design of units, landscaping, refuse storage and setbacks have been complied with. 3. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the residential units will , be accessed separately from the commercial floor areas, will contain sound absorbency walls, will contain adequate setbacks from the surrounding transportation thoroughfares and will contain adequate residential parking. - 5 - . . CONDITIONS OF APPROVAL 1. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in both eastbound and westbound direc- tions at the intersection of Wilshire Boulevard and 26th Street that can be accomplished through restriping. 2. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing exclusive right turn lanes in the eastbound and westbound directions and of providing a left turn through lane and right turn lane in both the northbound and southbound direction at the intersection of Wilshire Boulevard and 23rd street that can be accomplished through restripinq. 3. To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing an exclusive left turn lane a through/right turn lane at the intersec- tion of Santa Monica Boulevard and 23rd street that can be accomplished through restriping. 4. To mitigate short term air quality impacts identified in EIR 916, the applicant shall water the construction site twice daily to reduce dust generation and increase water- ing frequency when winds exceed 15 mph. As an alterna- tive, biodegradable soil stabilizers could be used along dirt access roads and portions of the site not in current excavation. 5. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cease grading operations when winds exceed 30 miles per hour (wind speed common during Santa Ana conditions). 6. To mitigate short term air quality impacts identified in SIR 916, establish an on-site speed limit for construction vehicles of 15 mph. 7. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover stockpiled materials to prevent excess dust. 8. To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover trucks during transpor- tation of excess dirt. 9. To mitigate short term air quality impacts identified in EIR 916, the applicant shall operate all diesel-operated construction equipment with a four degree ignition retard. 10. \ To mitigate short term air quality impacts identified in EIR 916, the applicant shall use low sulfur fuel and prop- erly maintain and operate all construction equipment. TUrn-off engines when not in use for more than five minutes. - 6 - . ,'. 11. To mitigate short term air quality impacts identified in EIR 916, the applicant shall schedule construction related trips during non-peak hours to reduce peak hour emissions. 12. To mitigate short term noise impacts identified in EIR 916, the applicant shall adhere to the city's Municipal Code requirements and Ordinance 1458 regarding time limits for construction. 13. To mitigate short term noise impacts identified in EIR 916, the applicant shall equip each internal combustion engine with a muffler of a type recommended by the manufacturer. 14. To mitigate short term noise impacts in EIR 916, the ap- plicant shall enclose stationary generator engines with the proper engine housing at all times. 15. To mitigate long term light and glare impacts identified in ErR 916, the applicant shall make use of glass that has minimum reflective capabilities for the rooftop skylight and for windows throughout the building. 16. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall provide no more than 25% glass on the rear building facade. 17. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall use light building materials and avoid the use of mirrored or darkly-tinted exterior glass. 18. To mitigate long term light and glare impacts identified in EIR 916, the applicant shall direct exterior lighting toward the project and away from residential uses located to the north. Flood lighting shall be prohibited. 19. To mitigate potential impacts identified in EIR 916, the applicant shall submit to the Parking and Traffic Engineer prior to issuance of building permits for approval a park- ing validation plan that indicates the manner in which employees and customers will be notified regarding the availability of validated parking and the time periods during which it will be provided. 20. The Architectural Review Board, in its review shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. As part of it's re- view; the Board shall pay particular attention to the \ landscaping and pedestrian walkway located along Wilshire Boulevard, Twenty-Third Street and Twenty-Second Street. A minimum 10 foot average setback shall contain appropri- ate landscaping materials without precluding pedestrian access. - 7 - . . 21. If prior to the time that final building permits are is- sued for the building, the City has revised the code land- scaping requirement pertaining to the provision of an average 10 foot landscaping setback, to require less land- scaping adjacent to a public right-of-way, the applicant shall revise the landscaping plans to provide compliance with the code revision. Plans 22. This approval is for those plans dated February 22, 1989, 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. 23. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 24. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 25. 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, Architectural Review Board or Director of Planning. 26. Construction period signage shall be subject to the approval of the Architectural Review Board. 27. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 2B. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. As part of it's re- view, the Board shall pay particular attention to the amount of landscaping located along Wilshire Boulevard, Twenty-Third street and Twenty- Second street. A minimum 10 foot average setback shall contain appropriate land- scaping materials. The Architectural Review Board shall attempt to approve plans that reduce the perceived visual bulk and mass of the structure when viewed from Wilshire \ Boulevard. 29. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. - B - . . 30. The residential units shall be provided two parking spaces per unit that are clearly marked for residential use only. 31. The residential units shall be constructed so that interi- or noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 p.m. and 7:00 a.m. 32. The residential units shall contain exterior lighting that complies with Section 9040.7 33. The second floor area of the building that will accommo- date the residential units shall contain an exterior ap- pearance and character which denotes it as housing. 34. Landscaping or another suitable noise buffer shall be placed adjacent to the residential units to reduce noise and to provide a neighborhood friendly development. 35. The residential units shall maintain a separate refuse storage container separate from the storage container used wi th the cOlllJI'IIarcial floor area. The container shall be clearly marked for residential uses only. 36. The residential units shall maintain a minimum average 10 foot setback but in no case less than 5 feet from all par- cel lines. 37. The restaurant hours of operation shall be limited to 11:00 a.m. to 11:00 p.m. Sunday through Saturday. 38. No alcoholic beverages shall be sold prior to 11:00 a.m. daily or after 11:00 p.m., daily. 39. The restaurant operator shall control noisy patrons leav- ing the restaurant. 40. The premises shall have the capability to serve food to patrons during all hours the establishment is open for customers. 41. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. 42. Seating arrangements for all restaurant floor area(s) shall not exceed 160 seats and the number of total seats shall not be expanded by more than 10% unless approved by the Director of Planning. 43. 'Take out service shall be only incidental to the primary sit-down use. 44. No alcoholic beverage shall be sold for consumption beyond the indoor premises. - 9 - . . 45. No dancing or live entertainment shall be permitted on the premises unless required permits are obtained. 46. The restaurant 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. 47. The operation of the restaurant must be commenced within six months from the issuance of the Certificate of Occupancy issued for the commercial portion of the building. This time limit may for good cause be extended pursuant to SMMC Section 9114.6. Fees 48. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the Cityls Transportation Manage- ment Plan. 49. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of section 6670 et seq. of the Santa Monica Municipal Code. Demolition 50. until such time as the demolition is undertaken, and un- less 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 surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 51. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, \ death, or removal per the requirements of Ordinance 1242 ( CCS) . 52. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum - 10 - . . permi tted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 53. 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 neiqhborhood. 54. Prior to issuance of a certificate of occupancy for this project, the project shall comply with any ordinance adop- ted by the City Council to implement Program 10 of the Housing Element. In the event that such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for this development project, this condition shall be of no further force and effect. Failure to adopt and implementing ordinance shall not excuse a developer from the obligation to comply with any other condition imposed in connection with program 10 of the Housing Element. Construction 55. Unless otherwise approved by the Department of General services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 56. Sidewalks, curbs, qutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 57. 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. 58. 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 Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval ot the Department of Recreation and Parks. 59. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, , telephone n~mhers and business license nu~bers of all con- tractors 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) - 11 - . . Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion: 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 dewater- ing and its effect on any adjacent buildings; 8) Oescribe anticipated contruction-related truck routes, nnm\o:ler 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 normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-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. 60. A sign shall be posted on the property in a manner consis- tent 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. 61. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 62. 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.) 63. Prior to issuance of a certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existinq occupancies which will be removed as part of the new development may be deducted from flow attributable to the new development if such occupancies have been occupied within one year prior to issuance of a \ Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with guidelines developed by the General Services Department. - 12 - ~ . . RESOLUTION NO. 8029(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE COMMERCIAL COMPLEX LOCATED AT 2221 WILSHIRE BOULEVARD WHEREAS, a Notice of Preparation of an Environmental Impact Report was issued in June 1989; and WHEREAS, a Notice of Completion of a Draft Environmental Impact Report as published in February 1990, in compliance with the California Environmental Quality Act and the City of Santa Monica CEQA Guidelines; and WHEREAS, in March 1990, the Final Environmental Impact Report was published; and WHEREAS, on May 22, 1990, the city council, as Lead City Agency, reviewed the Final Environmental Impact Report, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The city Council has reviewed and considered the Final Environmental Impact Report on the 2221 Wilshire Boulevard Commercial Complex prior to acting on the project. SECTION 2. The City council certifies that the environmental review for the project was conducted in full compliance with state and City CEQA Guidelines, that there was adequate public review of the Draft Environmental Impact Report, - 1 - . . that it has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequately discusses all significant environmental issues, and that the City council has considered the contents of the Final Environmental Impact Report in its decision-making process. SECTION 3. The city Council makes the following findings, consistent with Article VI, Sections 12 and 13 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15093 of the state of California CEQA Guidelines. In addition to the EIR, the record upon which these findings are made includes the following, of which the City Council takes administrative notice: Request for Development proposals, 2221 Wilshire Boulevard Commercial Complex, Planning Commission Memorandum and statement of Official Action, April 4, 1990; and City Council Staff Report with Findings and Conditions, May 22, 1990. (a) (1) The City Council finds that there are no feasible, reasonable and available alternatives or further mitigation measures to the project that would siqnificantly and substantially reduce the impact on the environment while accomplishing the proposed development of the site with a mixed use, three story commercial building in the C6 District. (2) Further, the city Council finds that the project will provide commercial retail, restaurant and office uses that will serve regional, community, and local needs and strengthen use of adjacent commercial retail and office areas. - 2 - . (b) (1) . The Final ErR determined that without mitigation the project could result in a significant impact to traffic and circulation. Three intersection analyzed are projected to have a significant impact during the a.m. and/or p.m. peak hour period, however the intersections can be mitigated to a level of nonsignificant impact (FEIR p. 5-41). Consistent with Article VI, section 12 of the City CEQA Guidelines and Section 15091 of the state CEQA Guidelines, the project will undertake the following mitigation measures which will avoid or substantially lessen the potential adverse environmental effects identified with respect to traffic circulation: 1) Provide exclusive right turn lanes in both eastbound and westbound directions at the intersection of Wilshire Boulevard and 26th Street, 2) Provide exclusive right turn lanes in the eastbound and westbound directions and provide a left turn through lane and right turn lane in both the northbound and southbound direction at the intersection of wilshire Boulevard and 23rd street and ,3) Provide an exclusive left turn lane and a through/right turn lane at the intersection of Santa Monica Boulevard and 23rd. (2) Further, the city Council finds that the project staff report issued for the project includes the following additional specific measures which will substantially reduce the adverse effects identified in the Final EIR: 1) The developer shall pay de~elopment mitigation fees associated with adoption of the city's Transportation Management Plan ( if such new development fees are included in the contemplated plan, 2) The developer shall install directional signage at the parking garage - 3 - . .. . eX1st that 1ndicates right-turn-on1y movement may be made on Twenty-Third Street and, 3) The developer shall install a curved raised median strip at the parking garage exit that force vehicles to make a right-turn-only onto Twenty-Third Street. 3) Further, the City Council finds that the potential transportation impacts discussed during the May 22, 1990 Council hearing can be further reduced from implementation of the following mitigation measures: 1) Provide a driveway aisle along Wilshire Boulevard that provides ingress to both eastbound and westbound traffic, 2) Vehicles exitinq the garage on Wilshire Boulevard shall be restricted to a right turn only movement, and, 3) A one way driveway aisle exit that provides egress onto Twenty-Third street shall be provided. These measures will significantly avoid or reduce the potential impact on traffic circulation, therefore the city Council finds that, as substantially mitigated by the above specified requirements, the potential impact on circulation is acceptable and will not be significant as provided in CEQA. (c) (1) The Final EIR determined that the development of the project could result in an adverse, but not significant, impact to air quality (FEIR pp. 5-43 to 5-51). The preparation of the site for building construction could result in an adverse impact to air quality due to construction related exhaust emissions and fugitive dust emissions. In addition, carbon monoxide mobile emission concentrations could result in intermittent impacts for persons that are the most sensitive to - 4 - . d". · ~ncrease em~ss~ons. However, the impacts at all sites analyzed are considered to be less than significant. Consistent with Article VI, Section 12 of the City CEQA Guidelines and section 15091 of the state CEQA Guidelines, the project will undertake the following mitigation measures which will avoid or substantially lessen the potential adverse environmental effects identified with respect to air quality: Schedule construction and grading around the driest summer months, by periodically sprinkling with water pursuant to SCAQMD Rule 403, and by paving the area proposed for parking as soon as possible, maintain equipment engines in proper tune, phase and schedule major construction activities for different times to minimize peak emission levels, and, restrict construction during second stage smog alerts. (2) Further, the City Council finds that the project staff report includes the following additional specific measures which will minimize any potential effects of the proposed project with respect to air quality: Equipment engines shall be kept in proper tune to reduce exhaust emissions, contractors shall be required to sprinkle the construction site with water once a day or more often if necessary to control particulate emissions onto uses located to the north and south, the use of exterior maintenance blowers, vacuums and other equipment shall be limited to those hours established in Municipal Code Section 4204. These measures will significantly avoid or reduce the potential impact on air quality, therefore the City council finds that, as - 5 - . . substantially mitigated by the above specified requirements, the potential inpact on air quality is acceptable. Cd) (1) The Final EIR determined that without mitigation the project could result in an adverse, but not significant, impact to noise (FEIR pp. 5-52 to 5-57) . Construction activities would temporarily generate high noise levels on and adjacent to the site, intermittently over the entire period of project construction. In addition, future noise levels on and around the project site may incrementally increase due largely to the projected pattern of vehicular traffic on local roadways. In no case would the completed project increase noise levels by more than 1.2 dBA over the levels associated with the baseline conditions. Consistent with Article VI, Section 12 of the city CEQA Guidelines, the project will undertake the following mitigation measures which will avoid or substantially lessen the potential adverse environmental effects identified with respect to noise impacts: construction and demolition activities will take place only during hours at levels specified in the Santa Monica Noise Ordinance, construction equipment, fixed or mobile, operated within 1000 feet of a dwelling unit shall be equipped with properly operating and maintained muffler exhaust systems, normal building operations shall not exceed the standards established in the Santa Monica Noise Ordinance, pile-driving equipment shall be regulated by a construction mitigation plan as approved by the Director of General Services. (2) Further, the city Council finds that the project staff report includes the following additional specific measures - 6 - . . which will sUbstantially reduce, although not fully eliminate, the adverse effects identified in the final EIR: The developer shall construct residential unit walls with appropriate sound insulation capabilities, temporary noise barriers will be constructed around the perimeter of the site during construction activities, use of pile driving equipment will be regulated, noise absorbancy landscaping shall be installed adjacent to the north property line and no live entertainment or dancing shall be permitted as part of the approved restaurant use. These measures will significantly avoid or reduce the potential impact on noise, therefore the City Council finds that, as SUbstantially mitigated by the above specified requirements, the potential impact on noise is acceptable. (e) (1) The Final ErR determined that the project without mitigation could result in adverse, but not significant shadow impacts (pp 5-58 to 5-63). Consistent with Article VI, Section l2 of the City CEQA Guidelines and Section 15091 of the state CEQA Guidelines, the project will undertake the following mitigation measures which will minimize any potential effects of the proposed structures: provide an appropriate building design and setbacks adj acent to the north property line, that are intended to minimize shade and shadow impacts. (2) Further the city Council finds that the project staff report includes similar mitigation measures which will SUbstantially minimize the potential shadow impacts. - 7 - . . These measures w~ll significantly avoid or reduce the potential shadow impacts of the proposed project, therefore the City council finds that, as substantially mitigated by the above specific requirements, acceptable. the potential shadow impacts are (f) (1) The Final EIR determined that the project will not result in an adverse or significant impact to the local neighborhood (pp. 5-1 to 5-14). The project's architectural design is consistent with approved commercial buildings located in the C6 District and surrounding commercial areas. The structure will incorporate landscaping which will act as a visual shield. The structure will direct exterior lighting away from the adjacent residential land uses. Consistent with Article VI, Section 12 of the city CEQA Guidelines and section 15091 of the state CEQA Guidelines, the project will undertake the following mitigation measures which will significantly avoid or reduce the potential non-significant impact on the neighborhood: develop a construction mitigation plan, replace or relocate exterior street trees demolished during project development, provide an on-site construction manager that is responsible for addressing citizen complaints during project development, require Architectural Review Board approval of site landscaping and irrigation plans, make payment of an in-lieu fee for housing and parks to provide for the development of new park space and residential housing. These measures will significantly avoid or reduce the potential impact on the neighborhood, therefore the City council finds - 8 - that, . . as substantially mitigated by the above specific requirements, the potential neighborhood impacts are acceptable. (2) Further, the City Council finds that the project staff report includes the following additional specific measures which will avoid or reduce the potential effects of the proposed proj ect on the local neighborhood: 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, The developer shall maintain a staging area on the property for use by construction firms and vehicles, the developer will obtain General Services approval of traffic patterns for construction vehicles, in order to minimize the impact of construction activities on adjacent streets, prior to construction bidding, the District shall prepare a construction period mitigation plan which shall address construction hours, noise mitigation, and the location of construction staging areas, the developer shall cooperate with the City's Department of General Services in order to develop other mutually acceptable means for minimizing project impacts. These measures will significantly avoid or reduce the potential impact on the neighborhood, therefore the city council finds that, as sUbstantially mitiqated by the above specific requirements, the potential neighborhood impacts are acceptable. (g) Further the city council finds that the project includes a mitigation monitoring and reporting program measure, that will provide assurances that mitigation measures identified - 9 - . . in the FEIR and in the proj ect staff report are adhered to. Pursuant to PUblic Resources Code Section 21081.6, the mitigation monitoring and reporting program is provided in Attachment 1 of this Resolution. SECTION 4. In the event any of the adverse environmental effects identified in the Final EIR are not considered substantially mitigated within the meaning of Article VI, Section 13 of the City CEQA Guidelines, and Section 15093 of the State CEQA Guidelines, the City Council finds that the benefits of the project outweigh its unavoidable environmental risks for the following reasons: (1) The project will accommodate general office and retail development encouraged in General Plan Policy Section 1.6.1. (2) The project will replace two vacant residential units with new more efficient units that will be subject to Rent Control requirements. (3) The project will provide parking in compliance with code requirements. The location of parking garage ingress/egress and the installation of special signage and a raised curve that forces vehicles exiting the garage to make a right-turn onto Twenty-Third Street will discourage traffic intrusions into residential side streets. (4) The project will provide a more efficient and permanent building design that contains a 3 story/ 45 foot height and 2.0 FAR similar to building heights and FAR amounts of surrounding commercial parcels. The building will contain a building volume envelope and scale that transitionally step down to the height limit of the adjacent residential district. (5) The project will contain a building design and layout that will encourage site permanency. SECTION 5 . The ci ty Council certif ies that the environmental review for the project was conducted in full - 10 - compliance with .ate and city CEQA GUide!es, that there was adequate public review of the Draft Environmental Impact Report, that the City Council has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequately discusses all significant environmental issues, and that the city Council has considered the contents of the Final Environmental Impact Report in its decision-making process. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: (l..,-i.r~..,.ll ~.... .~ ROBERT M. MYERS City Attorney Attachment- Project Mitigation Monitorinq Plan w/EF44894 ww/03/22/90 - 11 - . . MITIGATION MONITORING PROGRAM THE 2221 WILSHIRE BOULEVARD COMMERCIAL COMPLEX located at 2221 Wilshire Boulevard Pursuant to Public Resources Code Section 21081.6, a mitigation monitoring and reporting program shall be prepared by the City for the approved project to obtain/provide assurances that each condition referenced below and discussed in the EIR and project staff report have been met. The City department listed next to each condition number shall be responsible for ensuring that compliance is obtained. The date of compliance shall be noted herein. A copy of this checklist shall be maintained in the project file in the Offices of the City Planning Division in Room 212 of City Hall, 1685 Main street, Santa Monica, and shall be made available for public inspection upon request. The responsible department shall conduct single or periodic monitoring, as appropriate, to ensure condition compliance. If a condition requires on-going action, the developer shall prepare an annual report that describes the manner in which compliance is achieved. The responsible City department will verify compliance. Each responsible department may require the developer to supply data as are needed to verify compliance. REQUIREMENT/DEPARTMENT DATE COMPLIANCB DEADLINE 1.To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing ex- clusive right turn lanes in both eastbound and westbound directions at the intersection of wilshire Boulevard and 26th Street that can be accomplished through restriping. General services Prior to Certificate of Occupancy 2.To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing ex- clusive right turn lanes in the eastbound and westbound directions and of providing a left turn through lane and right turn lane in both the northbound and southbound direction at the intersection of Wilshire Boulevard and 23rd Street that can be Prior to Certificate of Occupancy - 1 - . than 25% glass on the rear building facade. Planning la.To mitigate long term light and glare impacts identified in EIR 916, the applicant shall use light building materials and avoid the use of mirrored or darkly-tinted exterior glass. Planning 19.To mitigate long term light and glare impacts identified in EIR 916, the applicant shall direct exterior lighting toward the project and away from residential uses located to the north. Flood lighting shall be prohibited. Planning, Building 20.To mitigate neighborhood and parking impacts identified in EIR 916, the applicant shall relocate the 13 at grade parking spaces into the subterranean parking garage. There shall be no employee or customer parking provided adjacent to the 15 foot wide alley. Planning, General Services Plans 21.This approval is for those plans dated February 22, 1989, a copy of which shall be maintained in the files of the city Planning Oivision. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Planning 22.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. Planning 23.Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. General Services 24.Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved - 4 - . Verify prior to issuance of Bldg. Permits. Review during ARB Verify prior to issuance of Bldg. Permits, Review during ARB and prior to Cert. of Occup. Verify on plans prior to ARB, and obtain final Pkg. & Trffe. approval on-going On-going prior to issuance of Bldg. Permits on-going .. . lO.To m~t~gate short term air quality impacts identified in ErR 916, the applicant shall use low sulfur fuel and properly maintain and operate all construction equipment. Turn-off engines when not in use for more than five minutes. Buildinq, General services 11.To mitigate short term air quality impacts identified in EIR 916, the applicant shall schedule construction related trips during non-peak hours to reduce peak hour emissions. Buildinq, General services 12.To mitigate short term noise impacts identified in EIR 916, the applicant shall adhere to the city's Municipal Code requirements and Ordinance 1458 regarding time limits for construction. planninq, Buildinq 13.To mitigate short term noise impacts identified in EIR 916, the applicant shall equip each internal combustion engine with a muffler of a type recommended by the manufacturer. Building 14.To mitigate short term noise impacts in EIR 916, the applicant shall enclose stationary generator engines with the proper engine housing at all times. Buildinq 15.To mitigate long term shade and shadow impacts identified in EIR 916, the applicant shall provide a minimum 34'4" setback along the entire north elevation of the three story building. Planninq 16.To mitigate long term light and glare impacts identified in EIR 916, the applicant shall make use of glass that has minimum reflective capabilities for the rooftop skylight and for windows throughout the building. Planninq 17.To mitigate long term light and glare impacts identified in EIR 916, the applicant shall provide no more - :3 - . On-going during Construction On-going during Construction on-going during construction On-going during Construction on-going during Construction Verify prior to ARB submittal. Verify prior to issuance of Bldg. Permits. Review during ARB verify prior to issuance of Bldg. Permits. Review during ARB . accomplished through restripinq. General Services 3.To mitigate transportation impacts identified in EIR 916, the applicant shall pay the cost of providing an exclusive left turn lane a through right turn lane at the intersection of Santa Monica Boulevard and 23rd Street that can be accomplished through restriping. General services 4.To mitigate short term air quality impacts identified in EIR 916, the applicant shall water the construction site twice daily to reduce dust gener- ation and increase watering frequency when winds exceed 15 mph. As an alternative, biodegradable soil stabilizers could be used along dirt access roads and portions of the site not in current excavation. planning, Building 5.To mitigate short term air quality impacts identified in EIR 916, the applicant shall cease grading operations when winds exceed 30 miles per hour (wind speed common during Santa Ana conditions). Planning, Buildinq 6.To mitigate short term air quality impacts identified in EIR 916, establish an on-site speed limit for construction vehicles of 15 mph. Building, General services 7.To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover stockpiled materials to prevent excess dust. Buildinq, General services a.To mitigate short term air quality impacts identified in EIR 916, the applicant shall cover trucks during transportation of excess dirt. Building, General services 9.To mitigate short term air quality impacts identified in EIR 916, the applicant shall operate all diesel-operated construction equipment with a four degree ignition retard. Building, General services - 2 - . Prior to certificate of Occupancy On-going during construction On-going during grading, construction On-going during construction On-going during Construction On-going during Construction on-going during Construction . 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. Planning 25.Construction period signage shall be subject to the approval of the Architectural Review Board. Planninq 26.Plans for final desiqn, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. Planninq 27.The Architectural Review Board, in its review, shall pay particular attention to the projectls pedes- trian orientation and amenities: scale and articulation of design elements~ exterior colors, textures and materials; window treatment; glazing; and landscaping. As part of it.s review, the Board shall pay particular attention the amount of landscaping located along Wilshire Boulevard, Twenty-Third Street and Twenty- Second street. A minimum 10 foot average setback shall contain appropriate landscaping materials. Planning 28.The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. Planning 29.The residential units shall be provided two parking spaces per unit that are clearly marked for residential use only. Planning, General services 30.The residential units shall be constructed so that interior noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 p.m. and 1:00 a.m. Planning, Building - 5 - . Verify prior to issuance of Bldg. permits Verity prior to issuance of Bldg. Permits Verify as part of ARB hearing Verify prior to issuance of b1dq. permits Verify prior to issuance of bldg. permits Verify prior to issuance of Cert. of Occupancy 3l.The reSidenti~units shall contain exterior lighting that complies with and Section 9040.7. Building 32.The second floor area of the building that will accommodate the residential units shall contain an exterior appearance and character which denotes it as housing. Planninq 33.Landscaping or another suitable noise buffer shall be placed adjacent to the residential units to reduce noise and to provide a neighborhood friendly development. Planning 34.The residential units shall maintain a separate refuse storage container separate from the storage container used with the commercial floor area. The container shall be clearly marked for residential uses only. Planning, General Services 35.The residential units shall maintain a minimum average 10 foot setback but in no case less than 5 feet from all parcel lines. Planning 36.The restaurant hours of operation shall be limited to 11:00 a.m. to 11:00 p.~. Sunday through Saturday. Planning 37.No alcoholic beverages shall be sold prior to 11:00 a.m. daily or after 11:00 p.m., daily. planninq 38.The restaurant operator shall control noisy patrons leaving the restaurant. Planning 39.The premises shall have the capability to serve food to patrons during all hours the establishment is open for customers. Planning 40.The premises shall maintain a kitchen or food-serving area in which a variety of food is pre- pared and cooked on the premises. Planning 41.Seating arrangements for all restaurant floor area(s) shall not exceed 160 seats and the number of - 6 - . Verify on plans prior to issuance of bldg. permits and prior to c. of O. Verify on plans that are reviewed by the ARB and prior to C. of o. Review during ARB and verify prior to C. of o. Verify prior to C. of o. Verify on plans prior to issuance of bldg. permits and prior to C. of O. On-going On-going on-going on-going on-going On-going . total seats shall not be expanded by more than 10% unless approved by the Director of Planning. Planning 42.Take out service shall be only incidental to the primary sit-down use. Planninq 43.No alcoholic beverage shall be sold for consumption beyond the indoor premises. Planning 44.No dancing or live entertainment shall be permitted on the premises unless required permits are obtained. Planning 45.The restaurant 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. Planning 46.The operation of the restaurant must be commenced within six months from the issuance of the Certificate of Occupancy issued for the commercial portion of the building. This time limit may for good cause be extended pursuant to SMMC Section 9114.6. Planning Fees . On-going On-going On-going On-going Verify as specified in the condition. Compliance as indicated in final approved TMP 47.The City is contemplating the adoption of a Transportation Manage- ment Plan which is intended to mit- igate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed project pay such new develop- ment fees, and that employers within the project pay such new annual employer fees related to the Cityls Transportation Management Plan. planning, General services - 7 - . 48.A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of Section 6670 et.seq 6670 et seq. of the Santa Monica Municipal Code. Building Demolition 49.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. Building, Fire 50. Unless otherwise approved by the Recreation and Parks Department and the Planning Division, at the time of demolition, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). Recreation and Parks 51. 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. Planninq, Building 52.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. Building 53.prior to issuance of a certificate of occupancy for this project, the project shall comply with any ordinance adopted by the City Council to implement - 8 - . Prior to Issuance of Bldg. Permits On-going prior to demo Verify with Rec.jPks. prior to demo. Verify prior to commencement of construction Prior to issuance of Demo. permit Prior to C. of O. . . Program 10 of the Housing Element. In the event that such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for this development project, this condition shall be of no further force and effect. Failure to adopt and implementing ordinance shall not excuse a developer from the obligation to comply with any other condition imposed in connection with Program 10 of the Housing Element. Planninq construction 54. Unless otherwise approved by the Department of General services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. General services 55.Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of General Services shall be reconstructed to the satisfaction of the Department of General Services. Approval for this work shall be obtained from the Department of General Services prior to issuance of the building permits. General Services 56. 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. General Services 57.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 Department of Recreation and Parks and the Department of General Services. No street tree shall be removed without the approval of the Department of Recreation and Parks. Recreation and Par~s 58.A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As applicable, this plan shall - 9 - On-going during grading and construction Prior to issuance of Bldg. permits On-going during Construction Prior to issuance of Bldg. Permits Prior to issuance of Bldg. Permits . 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 contruction-re1ated 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. General Services 59.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 re- sponding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. Planning, General services, Building 60.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 - 10 - . On-going during construction On-going during construction . . protected to ensure durability of the copy. planning, General services, Building Environmental Mitigation 61.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.) General Services Verify prior to c. of O. and maintain on-going 62.prior to issuance of a Certificate Prior to C. of o. of occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow attributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with guidelines developed by the General Services Department. General services 63.To mitigate solid waste impacts, Prior to C. of O. prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of General Services 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. General Services 64.To mitigate circulation impacts, Prior to C. of o. prior to issuance of a Certificate of occupancy, project owner shall submit a transportation demand - 11 - management pl.an . the Department · of General Services for its approval. This plan shall include: 1) Name, address and telephone number of designated person(s) responsible for coordinating transportation demand management measures at the development. 2) Demand management measures to be employed at the site to reduce circulation impacts which would otherwise occur. Such measures may include, but are not limited to programs addressing: A. Education and Marketing to alert employees and visitors to the site to demand reduction programs and incentives; B. parking Management such as parking charges for single-occupant vehicles, reduced rates for car and vanpools; C. Ridesharing prograEs such as a rideshare matching program, incentives, and car and vanpoo1 subsidies: D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens and passes to employees and visitors; E. Bicycling programs such as provision of secure bicycle storage facilities, provision of showers and lockers: F. Alternative Work Schedules for building employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip Length Reduction by programs to increase proportion of employees residing within three miles of the project site. The goal of the Transportation Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent. General services, Planninq 65.Landscaping plans shall comply with Subchapter SB (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. Plllnninq Verify during ARB and prior to C. of o. Miscellaneous conditions 66.The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). Building Verify prior to C. of o. - 12 - 67.The operation ~all 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. Planning 68.No medical office use shall be permitted at the site unless additional parking spaces are created to comply with the Code parking requirement. Planning . On-going On-going unless modified 69.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. Planning on-going during Construction 70.Refuse areas, storage areas and on-going and verify mechanical equipment shall screened in prior to C. of o. accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Planning, General Services On-going and verify prior to C. of o. 71.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 General services. General Services validity of permits 72.In the event permittee violates or On-going 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. Planning 73.Within ten days of Planning Division Prior to ARB transmittal of the statement of Official Action, project applicant shall sign and - 13 - . 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 Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. Planninq 74.This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. Planning 76.The applicant shall comply with the General Services Department to provide a 2'611 wide dedication to run adjacent to the 15 foot wide alley. This dedication shall be be provided prior to issuance of building permits. General services 77.The applicant shall install directional signage at the parking garage exit that indicates right-turn-on1y vehicle movement may be made onto Twenty-Third street. planninq, General Services 78.The applicant shall install a curved raised median strip at the parking garage exit that forces vehicles to make a right-turn-on1y onto Twenty-Third street. The specifications of the curved median strip shall be approved by the Parking and Traffic Engineer prior to issuance of building permits. General services PROJECT MITIGATION FEE CONDITION 79.In accordance with Sections 9046.1 - 9046.4 of the Santa Monica Municipal Code, prior to issuance of a building permit the developer - 14 - . --------------------- Prior to Issuance of Bldg. Permits Prior to Issuance of C. of O. Prior to Issuance of C. of O. Prior to issuance of Building Permits . . shall execute an irrevocable letter of credit or other form of security acceptable to the City for the payment of an in-lieu fee for housing and parks equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net rentable office floor area and $5.00/sq.ft. for the remaining net rentable office floor area. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index (IlCPI") between October 1984 through the month in which the payment is made. Upon mutual agreement of the developer and the city, the developer may satisfy the Project Mitigation measures by providing low and moderate income housing or developing new park space on or off the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the City Attorney and city staff prior to issuance of a buildinq permit. This fee will be $180,240.20 (if paid prior to April 21, 1990). Planninc; Monitoring of Conditions so. 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 ap- proval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the General services Department, the Fire Department, the police Department, the community and Economic Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a - 15 - On annual basis on the Anniversary of effective date of project approval Building permit.4I!rtificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. Community and Economic Development . mit894 WW:ww 3/27/90 - 16 - . . Adopted and approved this 22nd day of May, 1990. D~/~ Mayo I hereby certify that the foregoing Resolution No. 8029(CCS) was duly adopted by the City council of the city of Santa Monica at a meeting thereof held on May 22nd, 1990 by the following council vote: Ayes: Counci1members: Abdo, Katz, Reed, Mayor Zane Noes: Councilmembers: Genser Abstain: Councilmembers: None Absent: Councilmembers: Finkel, Jennings ATTEST: -1 4-: /# ~/,! ~p~ ,~~~ ~...J..- ci ty Clel'k