SR-402-010 (16)
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IJ 01--- 01 f!)
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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
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MAY 2 2 1990
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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
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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
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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;
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: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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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)
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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.
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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.
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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.
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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
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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
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'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.
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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
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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.
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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.
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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.
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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.
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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.
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.
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.
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.
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.
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.
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
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.
.
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)
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.
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.
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.
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,
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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.
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.
(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
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. .. .
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
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. 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
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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
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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.
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. .
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
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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
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.
.
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
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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
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.
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
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.
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
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.
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-:
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