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SR-402-010 (20) vi!) Z- ..- e? I tJ !C~6i1 1 C/ED:PB:DK:SL pc/cchsm council Mtg: October 16, 1990 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of a Planning Commission Certification of an Environmental Impact Report, EIA 887 and Approval of Development Review, DR 470 and Variance, ZA 5368-Y to allow construction of a 101,608 square-foot, 2.5 FAR, five-story, 66' -6" tall, all-office development with driveway access on 23rd and 24th Streets and subterranean parking, located at 2320 Wilshire Boulevard. Applicant: HSM Group/Kennedy-Wilson Appellants: Mid-City Neighbors and Save Our Neighborhood INTRODUCTION This report recommends that the city Council deny the appeals and Certify the Environmental Impact Report (EIR) and approve Development Review 470 and Variance, ZA 5368-Y to allow construction of a 2.5 Floor Area Ratio (FAR), all-office development. The Planning Commission approved the project at a height of five stories and 66 t -6". Staff is recommending that the City Council approve the project at a reduced height of four stories, 56 feet, while allowing the same 2.5 FAR. Two appellants, Mid-city Neighbors and Save Our Neighborhood, are appealing the Planning commission'S decision (Attachment A). Mid-city Neighbors filed the appeal on the premise that the ErR is inadequate; the Planning Commission did not give adequate consideration to elements of the EIR in its decision; and the project does not blend harmoniously with the neighborhood. Save I ~..A - 1 - BlCi 1 {) ~ Our Neighborhood filed the appeal in order to "save (their) neighborhoodll and "to protect the City's environment." , BACKGROUND Changes in Project This project was accepted for review under the previous zoning standards which were in effect prior to adoption of the new zoning code in september 1988. The project was originally proposed at six stories, 821-9" in height, 2.92 FAR and 118,640 square feet of office with some retail and an unenclosed car wash. The development standards in effect at that time permitted projects within the Wilshire Corridor to be four stories, 56 feet in height with a 2.5 FAR and six stories, 84 feet in height with a 3.0 FAR with site Plan Review. During the course of the environmental review and Planning Commission hearings, the project was subsequently scaled down to its approved size of 101,608 square feet, five stories, 66'-6" height and 2.5 FAR. All retail uses and the car wash were removed from the proj ect to lessen potential traffic impacts. Please note that the submitted plans (Attachment L) are the same as those submitted to Planning Commission and differ from the Planning Commission's approval in two main aspects: 1. The plans do not show the three-foot landscaped planter along the Wilshire Boulevard frontage as approved by the Planning commission; and - 2 - 2. The plans show the subterranean garage driveway access on Wilshire Boulevard, rather than on 23rd and 24th streets as approved by the Planning commission. Floor Area Ratio The Supplemental ErR was prepared to analyze a down-sized version of the project from the originally proposed 2.92 FAR to a 2.68 FAR. The Supplemental EIR concluded that the 2.68 FAR office project with enclosed car wash would have significant impacts at five intersections: Wilshire Boulevard and 23rd street during the evening peak hour; Wilshire Boulevard and 26th street during the evening peak hour; Wilshire Boulevard and Yale street during the evening peak hour; Cloverfield Boulevard and the west-bound Off-ramp during both the morning and evening peak hours; and Cloverfield Boulevard and the east-bound ramp during the evening peak hour. Mi tigation measures are available to reduce each of the above adverse traffic impacts to insignificant levels. However, staff recommended and Planning commission approved a reduction in proj ect size to 2.5 FAR. The environmental analysis revealed that only one intersection, Cloverfield Boulevard at the west-bound off ramp, would be significantly impacted if the project were limited to a 2.5 FAR. This impact can be mitigated - 3 - by striping the second west-bound, left-turn lane as a shared left-turn lane. This shared lane cannot be implemented until Cloverfield Boulevard is widened to a six-lane roadway with left-turn channelization. This widening is recommended as a near-term improvement in the draft City-wide traffic study. Due to the significant reduction in traffic impacts with the reduced FAR of 2.5, combined with an inabil i ty to support the Site Review findings necessary to permit a FAR greater than 2.5, the Planning Commission approved the project at a 2.5 FAR. During the Planning Commission hearing, the applicant stated concurrence with a reduced FAR of 2.5, but requested that a site Review be approved to permit the building to retain a height of five stories, 66'-6". Driveway Access to project The most recent project design provides driveway access to the office building on Wilshire Boulevard. The Planning Commission, as a condition of proj ect approval, required that the driveway access be relocated to 23rd and 24th streets with forced turns towards Wilshire Boulevard. The reasoning in this action was to create two points of ingress/egress to the proj ect on streets with slower moving traffic instead of one point of ingress/egress on wilshire Boulevard in response to commissioners' concern regarding safety. - 4 - Car Wash Component of Project There is an existing car wash on site. The car wash was originally proposed to be replaced on the rear of the site as an unenclosed car wash. Alternate plans submitted to the Planning Commission at a later date showed the car wash as enclosed floor area, which is preferable to an unenclosed car wash in terms of its reduced noise and visual impacts. The Planning Commission debated whether to include or delete the car wash from the project. The fact that the car wash increases traffic impacts is the prime reason for deleting it from the project and requiring, instead, an all-office project. Planning Commission support for including the car wash in the project centered on its attribution as a neighborhood-serving use and data which shows that modern car washes drastically reduce the rates of water consumption and run-off below the rates caused by washing one's car at home. In the end, the Planning Commission imposed a condition that the car wash be deleted from the project. Environmental Impact Report The Supplemental EIR concluded that the revised project of 108,980 square feet and 2.68 FAR with a car wash would have significant traffic impacts at five intersections: 26th street and Wilshire Boulevard during the evening peak hour, Wilshire Boulevard and 23rd street during the evening peak hour, Wilshire Boulevard and Yale Street during the evening peak hour, Cloverfield Boulevard and the westbound off-ramp during both the - 5 - # morning and evening peak hours, and Cloverfield Boulevard and the eastbound ramp during the evening peak hour. - Additional environmental analysis concluded that with further reductions in project size to 2.5 FAR and 101,608 square feet, only the intersection of Cloverfield Boulevard and the westbound off-ramp will be significantly impacted. This impact can be mitigated by providing a second northbound right-turn lane at this intersection. This measure could be installed pending the near-term improvement of the Cloverfield Boulevard widening recommended by the City-wide traffic study. No other significant environmental impacts were identified in the Final EIR for the down-sized project. Building Height The EIR recommended a reduction in height and bulk from the originally proposed six-story structure. In response to the EIR's recommendations and neighborhood concerns, the applicant has reduced the height from six to five stories and the FAR was reduced from 2.92 to 2.68. The Planning Commission, at its meeting of May 16, 1990, further reduced the floor area and approved the project at five stories and 2.5 FAR. A prevailing neighborhood concern throughout the project review has been the height of the building. While the applicant has addressed the EIR · s concern by reducing building height by one story and reducing FAR, the project is still higher than Eost other buildings in the vicinity. Al though the proj ect design - 6 - provides setbacks at the ground floor and on upper stories, the w overall project does not present significant benefits to the City which balance the additional building height being requested under site Review. For this reason, staff recommended to the Planning Commission and continues to recommend that the building height be reduced to four stories. The Planning Commission approved a five-story building on the premise that it would allow more latitude for architectural design while providing a large rear setback to separate the project from residential uses to the south. Staff maintains that with a sizeable reduction in the area of the project's courtyard, the project could be redesigned to a four-story height within the framework of a 2.5 FAR without significantly altering the design concept in terms of setback, footprint and exterior appearance. In essence, the lowered height of the building to four stories could be accomplished by a trade off of reducing a private, project amenity of a large courtyard for a shared, neighborhood amenity of a lower building height which is more in keeping with the low to mid-rise profile of the surrounding neighborhood. As a simple illustration and not intended as a refined redesign scheme, the following provides an example of the impact of redesigning the proj ect to four stories and is calculated from the plans submitted to the Planning commission, dated April 19, 1989. The fifth floor of the building as proposed on the plans is 18,730 square feet. Removal of the fifth floor from the proj ect des ign, cOmbined with the reduction in FAR to 2. 5 (the plans are designed at a 2.68 FAR), would result in a net 7,372 - 7 - square-foot reduction in project size. Therefore, the net displaced area which would be added to the first through fourth floors is 11,358 square feet, which averages 2,839 square feet per floor. If this area were added wi thin the proposed 4,060 square-foot (961-8" X 42') courtyard area on each floor, a 1,221 square-foot courtyard would remain. A courtyard of this area could take the approximate dimensions of 35' X 35' or JO' X 40'. . Taken a step further, with the imposition of Condition No. 34, which requires a seven-foot wide terrace on the Wilshire frontage at the third and fourth floors, the displaced terrace area could be replaced in the courtyard area. The courtyard would then be further reduced to approximately 650 square feet which could take the approximate dimensions of 22' X 30' or 25' X 25'. A more detailed discussion of the relative merits of a four versus five-story building are provided on page four of the Planning Commission staff report dated May 16, 1990 (Attachment D). During the Planning Commission hearing, neighbors spoke in opposition to the five stories in relation to misplaced scale, shadowing and lost views. In staff I s view, the Site Review application to permit a building higher than four stories and 56 feet cannot be justified, given the low to mid-rise nature of the surrounding properties. Variance The proposed parking layout includes 31 percent compact parking spaces. The previous code which governs this proj ect did not contain provisions allowing compact parking spaces. Al though - 8 - ~ projects containing up to 40 percent compact parking spaces were routinely permitted during the time the previous zoning code was in effect, a Variance is required to formally approve the compact spaces. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. CONCLUSION The proj ect design and proposed use conform to the relevant requirements of the Municipal Code and General Plan that were in effect at the time of application. However, staff is concerned wi th the height of the proj ect in relation to the heights and scales of buildings in the surrounding neighborhood. Staff is recommending that the project be reduced in height from five to four stories to more closely relate to the surrounding low to midrise structures. staff does not believe the proj ect offers adequate benefits such as public open space or neighborhood services to justify the granting of a site review bonus to allow the building to exceed four stories. Staff recommends approval of all other aspects of the project, consistent with the conditions imposed by the Planning Commission. The Environmental Impact Report concluded that with the proposed mitigation measures, the project will not create any significant environmental impacts. with approval of the variance to permit 31 percent of the parking spaces to be compact stalls, the project will comply with all development standards. - 9 - # RECOMMENDATION . For the reasons outlined above, it is respectfully recommended that the Council deny the appeal and certify Environmental Impact Report, EIA 887, and approve the attached resolution, Development Review, DR 470 and Variance, ZA 5368-Y, as approved by the Planning Commission wi th .the further condi tion that the all-office project be designed so as not to exceed a height of four stories and 56 feet, with a 2.5 FAR and 101,608 square feet of floor area with the following findings and conditions and the findings in the attached Resolution of certification. DEVELOPMENT REVIEW FINDINGS 1. with the conditions of approval, the physical location, massing, and placement of the proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods, in that the building is located on Wilshire Boulevard which is characterized by a range of commercial development , including off ice buildings both larger and smaller than the development recommended by staff; and that the proposed development with its four- story height, stepbacks along the alley elevation, and landscaping provides an appropriate transition between the commercially-zoned land on Wilshire and the residentially- zoned land to the south of Wilshire. 2. The rights-of way can accommodate autos and pedestrians, including parking and access, in that the site design pro- vides adequate driveway and parking facilities and the si te is adj acent to three improved streets: wilshire Boulevard, 23rd street and 24th Street. 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 pre- established. 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 - 10 - That in september 1988, the city adopted a new zoning Or- dinance, which includes a similar, although not identical standard for deeming projects complete as was included in Ordinances 1441 and 1449, and that the zoning Ordinance language contains internally inconsistent language by referring to the two ordinances and their standards for deeming projects complete, and also provides a slightly different standard for the date by which proj ects must have been deemed complete. That the project application is consistent and in confor- mance with the procedural requirements of Ordinances 1321, 1441 and 1449 and the Zoning Ordinance. The ambiguity created in the Zoning Ordinance language must be resolved by examining the overall statutory framework. In view of the legislative history underlying Ordinances 1441 and 1449 and the Zoning ordinance, and the City's determina- tions regarding the subj ect proj ect and its processing, finding of consistency is appropriate. That in June 1989, a Planning Division staffperson altered the radius map for the project by inserting the date "April 22, 1988" on it, and that this was an inappropriate action which has no relevance to the determinations regarding a complete application which were made in April and May 1988. VARIANCE FINDINGS , 5. 6. 7. 8. 9. 10. Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the proj ect will be required to comply with this program. The proj ect is generally consistent with the Municipal Code and General Plan, in that the project as conditioned is designed to meet all code and General Plan require- ments, with the exception of the required parking variance. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study or Environ- mental Impact Report, in that all reasonable mitigation measures recommended by the EIR and its Addendum have been included as conditions of approval for the project. That the application for this project was filed in accor- dance with ordinance 1321 and the Land Use Element of the General Plan on April 22, 1988, and on April 29, 1988 was deemed substantially complete relative to the provisions of Ordinances 1441 and 1449, and on May 10, 1988, the Planning Division issued a letter deeming the application complete in accordance with the aforementioned laws. 1. There are special circumstances or exceptional charac- teristics applicable to the property involved, inclUding - 11 - , size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the number of on- site parking spaces exceeds the code requirement and the inclusion of compact and tandem parking spaces will not detrimentally affect the circulation and parking patterns of the project. 2. The granting of such variance will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located, in that similar projects in the past have utilized compact and tandem parking with no significant impact on circula- tion patterns or neighboring properties and that provided parking is in excess of that required. 3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that past projects have incorporated compact and tandem parking spaces with no significant impacts and the total number of parking spaces provided exceeds the required number. , 4. The granting of a variance will not be contrary to or in confl ict with the general purposes and intent of this Chapter, or to the goals, objectives, and policies of the General Plan, in that the project as conditioned is con- sistent with the General Plan. 5. The variance would not impair the integrity and character of the district in which it is to be located, in that more parking than is required will be provided and the variance will not affect the appearance of the project. 6. The subject site is physically suitable for the proposed variance, in that it is a recycling of commercial land with the provision of adequate access and circulation. 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety, in that the project is an in-fill in a developed area with all necessary improvements. 8. There will be adequate provisions for public access to serve the subject variance proposal, in that adequate driveways will be provided and pedestrian sidewalks are in existence. 9. The strict application of the prov1s1ons of Chapter 10 of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the use or enjoyment of the property, in that similar approv- als have been granted in the past which have not created - 12 - ... . any deleterious effects and parking is provided for the project in excess of that required. DEVELOPMENT REVIEW CONDITIONS Plans 1. This approval is for those plans dated 4/19/89, inclusive of those features to be redesigned as conditioned herein, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be con- sistent with such plans, except as otherwise specified in these conditions of approval. 2. Within the context of the application's grandfathered sta- tus, the Plans shall comply with all relevant provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. 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. Fees 7. 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 City's Transportation Manage- ment Plan. - 13 - Demolition . 9. 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 inhibi t the easy sur- veilance of the property to the satisfaction of the Build- ing and Safety Officer and the Fire Department. Any land- scaping material remaining shall be watered and maintained until demolition occurs. 10. 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) . 11. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 12. prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 12. 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. 13. 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. 14. 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. 15. 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 of the Department of Recreation and Parks. - 14 - ... 16. A construction period mitigation plan shall be prepared by the appl icant 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) 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 piledriv- ing 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 building; B) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond 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. 17. 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. 18. 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 19. 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.) 20. Prior to issuance of a certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted 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 - 15 - .. 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 develop- ment and existing occupancies shall be consistent with guidelines developed by the General Services Department. 21. To mitigate solid waste impacts, 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, metal cans, and glass to be recycled; 2) location of recycling bins; 3) desig- nated 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. 22. To mitigate circulation impacts, prior to issuance of a Certificate of Occupancy, project 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. Said person(s) need not maintain full-time positions. 2) De- mand 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 of 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 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. In the event that the City adopts a Transportation Manage- ment Plan implementing ordinance which overlaps with the requirements of this condition prior to issuance of a Cer- tificate of Occupancy for the project, to the extent that any provisions of this - condition conflict with the im- plementing ordinance, the ordinance shall supercede such provisions. - 16 - .,. 23. Landscaping plans shall comply with Subchapter SB (Land- scaping standards) of the Zoning Ordinance use of water- conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. ~ Miscellaneous Conditions 24. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 25. 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. 26. No medical office use shall be permitted at the site. 27. If any archaeological remains are uncovered during excava- tion 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 proj ect I 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 require- ments, if any, to address such findings. 28. Refuse areas, storage areas and mechanical equipment shall be screened in 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 Re- view Board in its review shall pay particular attention to the screening of such areas and equipment. 29. 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 30. 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. 31. 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 pre- pared 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, ap- plicant shall not thereby waive any legal rights applicant - 17 - ,. may possess regarding said conditions. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 32. 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. ... Monitoring of Conditions 33. Pursuant to the requirements of Public Resources Code Sec- tion 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant ef- fects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departm.ents 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 Occupancy, and, as appl icable, provide periodic reports regarding compliance with such conditions upon its receipt from the City of a written request for the same. SPECIAL CONDITIONS 34. To mitigate adverse bulk and traffic impacts of project as identified in the EIR, floor area ratio of the project shall be limited to 2.5. The project shall not exceed a height of four stories and 56 feet and the design of the project and setbacks shall remain substantially in confor- mance with the current project design with the requirement that a minimum 31' rear setback on the alley and 3' front setback on the Wilshire frontage shall be provided. The width of the terraces provided along the Wilshire frontage of the third floor shall be increased to at least seven feet. A terrace of at least seven feet in width shall be provided along the Wilshire frontage of the fourth floor. Cutbacks at the Wilshire corners of the fourth floor shall also be provided. - 18 - . .. The revised project shall provide a minimum of one (non- tandem) parking space for every 300 square feet of floor area. The number of compact spaces shall not exceed 31% of the total parking spaces. 35. The first floor floorplate shall be level with the side- walk to permit distant, future recycling of the ground floor of the building to retail use at such time as when sufficient transportation management measures are in place to make the prohibition of retail uses, based on the in- herently greater traffic generation rate, unnecessary. 36. Vehicular access to the project shall be provided via two driveways, one each on 23rd and 24th streets. These driveways shall be designed with forced turns towards Wil- shire Boulevard and with an adequate level area at top of driveway ramp to provide safe sight distance of oncoming pedestrians to the satisfaction of the Parking and Traffic Engineer to minimize neighborhood impact. 37. On-site parking shall be provided without charge to cus- tomers and employees at the project site unless and until such time as a preferential parking district is es- tablished in the project area which in the judgement of the Planning Director and Parking and Traffic Engineer will adequately protect neighborhood residents from poten- tial parking impacts of the project. Width of the handi- capped parking stalls shall be increased by one foot. The revised parking layout shall be reviewed and approved by the City Parking and Traffic Engineer. The developer shall provide attendent parking during the hours that the office building is open for business. 38. To mitigate traffic impacts identified in the environmen- tal impact analysis, no car wash, retail or bank uses shall be permitted in the project. 39. If requested by the Santa Monica Transportation Depart- ment, prior to issuance of a Certificate of Occupancy, project owner shall provide and maintain a bus shelter built to City specifications along the Wilshire frontage of the project to facilitate use of bus transit by project employees and visitors. 40. The exterior building materials shall be light in color. No mirrored or darkly-tinted glass shall be used on the exterior of the building. The ARB shall pay particular attention to these elements of the development. 41. Prior to issuance of a Certificate of occupancy tor the project, and if required by the General Services Depart- ment, applicant shall perform to the satisfaction or reim- burse the city for the cost of the following traffic mitigation measures to roi tigate the proj ect I s share of traffic resulting in a significant impact at Cloverfield - 19 - .. Boulevard and the westbound off-ramp during both the morn- ing and evening peak hour. The mitigation measures is as follows: The Cloverfield/ westbound off-ramp can be mitigated by striping the second westbound left-turn lane as a shared left-turn lane. This shared lane, however, cannot be implemented until Clover- field Boulevard is widened to a six-lane roadway with left-turn channelization. This widening is recommended as a near-term improvement in the draft city-wide traffic study. If required by the Parking and Traffic Engineer, project owner shall install a "no left turnU sign on 23rd street and "no right turn" sign on 24th street facing the project driveways to ensure that exiting traffic turns towards Wilshire Boulevard. ~ 42. Prior to issuance of a certificate of Occupancy for this project, the applicant shall confer with the Principal of MCKinley Elementary School and the President of its Parent Teacher Association to discuss the potential impact of this project on the safety of child pedestrian movements to and from the school. Thereafter, the applicant shall report to the City I S Parking and Traffic Engineer all recommendations agreed upon in those meetings. Applicant shall take all appropriate action to implement any and all recommendations approved by the City's Parking and Traffic Engineer. Project Mitigation Fee 43. 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 $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 ("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. As of September 1990, this fee would be approximately $600,239.00. Prepared by: Paul Berlant, Director of Planning D. Kenyon Webster, Principal Planner Shari Laham, Associate Planner - 20 - .. Attachments: A. Appeal Forms, dated 5/28 and 5/29/90 or B. Resolution Certifying Final EIR c. Planning Commission statement of Official Action D. Planning Commission staff Report, dated 5/16/90 E. Planning Commission Supplemental Staff Report, dated 5/16/90 F. Planning commission Staff Report, dated 5/2/90 G. Planning Commission Staff Report, dated 8/2/89 H. Addendum to Final EIR I. Final EIR J. Summary of Supplemental EIR R. Supplemental EIR L. Plot Plan, Floor Plans, Elevations and Section SL pc/cchsm 09/26/90 - 21 -