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SR-404-001 (60) loA PCD: S F :JT :AS:J L :f:\plan\share\cou ncil\strpt\2002\02APP023B .doc Council Mtg: June 10, 2003 Santa Monica, California JON 1 0 2003 TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal 02-023 of the Planning Commission's Decision to Deny Design Compatibility Permit 01 DCP-013 and Vesting Tentative Tract Map 53675 (02TM-011) for a New 17 -Unit Residential Condominium Project Located at 1544 7th Street. Applicant/Appellant: 1544 yth Street, LLC INTRODUCTION This report recommends that the City Council uphold the appeal and approve the redesigned project shown as Option 2 on the attached plans. On January 14, 2003 the City Council considered the appeal and directed staff to evaluate impacts to the project in terms of unit count and size, resulting from a redesigned parking plan. To facilitate this request, the applicant presented four options to staff for evaluation and comment. The alternatives also include modifications to address massing and pedestrian-oriented design concerns. Staff believes Option 2 best addresses City Council concerns related to driveway access, pedestrian orientation and unit mix. BACKGROUND Backqround The proposed project is an in-fill development replacing a 17 unit apartment building with 17 condominium units. The project has been designed to the maximum 50 foot height limit and is four stories tall. The overall height and scale of the building is comparable to other existing improvements in the general vicinity. bA JUN 1 0 2003 The Planning Commission and City Council, on appeal by the applicant, previously considered the subject application. Key areas of concern by both reviewing bodies related to a few, but significant, urban design issues. The project as originally designed provided minimal building setbacks at the ground level and included an architectural element at the upper fourth level deck that increased the perceived building mass. The design also incorporated a driveway access from Seventh Street, which disrupted the pedestrian experience and raised safety concerns for pedestrians as vehicles exited from the subterranean garage. In addition, the City Council, while concerned about these urban design issues, also expressed concern that plan modifications to address these issues may impact the number of dwelling units that could be provided on site. To further understand the impacts of a redesigned project, the Council directed staff to work with the applicant to evaluate design options. ANAL YSIS Four options have been presented for consideration. Options 1 and 4 continue to provide vehicular access from both Sixth Court and Seventh Street. Options 2 and 3 provide Sixth Court only vehicular access. The following analysis provides a discussion of the key issues as well as a review of the four design options. Buildinq Mass As originally presented, the building was setback approximately five and one half feet from the Seventh Street property line at the ground level. The second and third levels were designed to extend to the property line, articulated as necessary to comply with applicable upper level stepbacks, with the fourth and fifth levels further articulated. In 2 addition, the design included a framed architectural feature above the fourth floor deck that further reinforced the building's mass and minimized the transition in scale to the adjacent building to the south. The Planning Commission's concern with this design was that it contributed to a canyonization effect in the neighborhood, unnecessarily added building mass, and resulted in a less friendly pedestrian experience. While clearly concerned with the building's relationship to adjacent structures, the City Council discussion was substantially focused on other issues. To address these massing concerns, the applicant revised the front elevation to include greater setbacks at all levels and removed the framed architectural element. These modifications provide a greater transition between the two adjacent structures and help to reduce the perceived building mass. Options 2, 3 and 4 illustrated these changes. Option 1 is substantially similar to the original design but no longer includes the framed architectural element. Based on the varied floor plans, the amount of setback area at the ground floor fluctuates. However, staff believes Options 2, 3 and 4 more directly address the Planning Commission's concerns, and combined with landscaping, will help soften the building's mass. Pedestrian Orientation A majority of both the City Council and the Planning Commission expressed concern about how the project relates to the overall pedestrian experience on Seventh Street. While staff recognizes that there are many curb cuts on Seventh Street, it is the City's goal to enhance pedestrian orientation and minimize pedestrian conflicts with vehicles exiting on-site parking. This goal is reinforced by Circulation Element Policy 4.3.7, which 3 encourages mid-block properties with alley access to provide vehicular access only from the alley. Staff does not support design options that use street access when other feasible solutions using the alley are available. More specifically Option 1, which is substantially similar to the project reviewed by the City Council, and Option 4, which is the reverse floor plan presented in Option 1, conflict with this objective. It should be noted, however, that Option 4 is an improvement over Option 1 because the Seventh Street curb cut accesses grade level parking as opposed to subterranean parking. improves line of site visibility between motorists and pedestrians. However, because motorists would still need to cross the sidewalk, conflicts with pedestrians would remain and staff cannot recommend this option Alternatives without street access combined with additional building step backs enhance pedestrian orientation and are preferred design solutions, Parkinq / On Site Circulation The number of parking spaces that can be accommodated on a parcel determines, in part, the number and size of residential units that could be constructed on a lot. number of bedrooms in a unit determines how many parking spaces are required. A studio condominium unit requires one covered space; a unit with one or more bedrooms requires two covered parking spaces. In addition, guest parking spaces calculated at a rate of one space per five units are also required. Based on the applicant's original design of 12 studio units and 5 two bedroom units, a total of 25 parking spaces are required. The applicant provided these parking spaces at grade level, accessed from the alley, and in one level of subterranean parking, 4 accessed from Seventh Street. Restricting access to on site parking from the alley only reduces the number of parking spaces that can be accommodated on site. A design that provides grade level parking and one level of subterranean parking yields only 20 spaces. For a 17 unit project, three spaces would be dedicated to guest parking leaving 17 spaces for 17 studio condominium units (1 space per unit). This design scheme is illustrated in Option 3. A design that includes at grade parking and two levels of subterranean parking yields 24 parking spaces. Based on a 17 unit project, three spaces would be dedicated toward guest parking, leaving 21 spaces for the residential units. In this example, four two bedroom units (8 spaces) and 13 studio units (13 spaces) could be provided on site. This design scheme is illustrated in Option 2. Variations to unit size could increase the number of two bedroom units, but reduce the overall number of units provided on site. However, construction costs associated with the additional level of subterranean parking is approximately $400,000 to $500,000. While construction costs are not typically a consideration in the Council's evaluation of private development projects, such costs are certainly factors considered by the applicant. Proiect Alternatives The applicant has provided four alternatives, based on its own analysis and staff comments. The applicant prefers the original design, which is represented in Option 1 and does include minor modifications at the front fayade. Option 1 is more economical for the applicant and yields the greatest number of larger two bedroom units. 5 All alternatives would require approval of an administrative variance to allow driveways on the subject property to be located within 24 feet of another driveway on an adjacent parcel. Staff has evaluated this condition and supports this modification where it occurs on the alley. This support is based on the applicant's inability to provide a driveway that meets the 24 foot specification and still provide alley access, as encouraged by the Circulation Element. Further, staff believes no safety standards would be compromised by this modification. Option 1. This alternative provides 17 units, 12 studios and five two bedroom units. At grade parking is accessed from Sixth Court and one level of subterranean parking is accessed from Seventh Street, for a total of 25 parking spaces. This design is substantially similar to the project reviewed by the City Council in January, but does include fac;ade modifications at the fourth level to address massing concerns. This design does not address larger building mass issues raised by the Planning Commission and has driveway access from Seventh Street which disrupts pedestrian orientation and results in vehicular and pedestrian conflicts. Staff does not support this alternative. Option 2. This alternative provides 17 units, 13 studios and four two bedroom units. At grade parking and two levels of subterranean parking is accessed from Sixth Court, for a total of 24 parking spaces. This design includes greater building setbacks at the front fac;ade, more landscaping, and enhances the pedestrian experience adjacent to Seventh Street while maximizing the number of larger units as encouraged by the City 6 Council. However, this design includes parking within the front 40 feet of the parcel, which must be included in the building floor area calculations. As a result, upwards of 400 square feet from the project floor area may need to be removed. While this will require project modifications, given the relatively large size of the units, staff does not believe that this change would require a reduction in the number of units. Staff recommends the City Council approve the project based on this alternative. Option 3. This alternative provides 17 studio units. At grade parking and one level of subterranean parking is accessed from Sixth Court, for a total of 20 parking spaces. This design also provides additional building setbacks at the front fa<;ade, more landscaping, and enhances the pedestrian experience adjacent to Seventh Street, but does not provide larger two bedroom units. As a result, this option reduces the number of family sized units, which is contrary to the City Council direction. Staff does not support this design alternative. Option 4. This alternative provides 17 units, 15 studios and two, two bedroom units. At grade parking is accessed from Seventh Street and one level of subterranean parking is accessed from Sixth Court, for a total of 22 parking spaces. This is a reverse design from Option 1. However, this design incorporates additional building setbacks adjacent to Seventh Street. The project still results in vehicular and pedestrian conflicts and disrupts the pedestrian experience. This option also reduces the number of two bedroom units available on site. Staff does not support this alternative. While staff and applicant have considered each alternative carefully, changes required 7 during the plan check process may necessitate minor modifications to the overall project bedroom mix. Staff has added a condition to provide flexibility in these areas should modifications be required (Condition 4). CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant Section 15332 (Class 32) of the State Implementation Guidelines. Specifically, projects that are consistent with the applicable general plan designation and zoning regulations, that are not located on a site greater than five acres in an urbanized environment or supports habitats for rare, threatened or endangered species, that are adequately served by existing infrastructure and that will not result in any significant effects relating to traffic, noise, air and water quality, are exempt from CEQA. Included as an attachment to the Planning Commission staff report (Attachment B), is an evaluation of the project's compliance with these criteria. PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050 and 9.20.14.010, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment D. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. 8 Conclusion Staff and applicant have evaluated project alternatives to address Council concerns, The applicant supports the original project with minor changes that are reflected in Option 1 Staff believes Option 2 is a superior design because it achieves the applicant's objectives while enhancing urban design and pedestrian safety on Seventh Street. Further, this design continues to provide larger two bedrooms units as encouraged by the City Council RECOMMENDATION It is recommended that the Council uphold Appeal 02-021, approving Design Compatibility Permit 01 DCP013 and Vesting Tentative Tract Map 53675 (02TM-011), based on the following findings, and subject to the following conditions. TENTATIVE PARCEL/TRACT MAP FINDINGS 1 The proposed subdivision, together with its provIsion for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that the project conforms to the provisions of the C3 District development standards of the Zoning Ordinance and the General Commercial land use designation in the Land Use Element of the General Plan. 2, The site is physically suitable for the proposed type of development, in that the subject parcel is a standard-sized parcel with no unusual characteristics. The property is located within an urbanized environment that is adequately served by existing facilities and infrastructure. 3, The site is physically suitable for the proposed density of development, in that a 7,500 square foot parcel is the subject block of the C3 District can accommodate up to 15,000 square feet of building area with provisions for residential units being calculated at 50%. There is no limitation to the number of units allowed on the parcel. 4, The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or 9 wildlife or their habitat, in that the proposed development is an infill development within an urbanized environment and does not currently support fish or significant wildlife. 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that the proposed development complies with the provisions of the Zoning Ordinance and the General Plan. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision, in that no such easements exist on the subject site and the property has vehicular access from Sixth Court and pedestrian access from Seventh Street. DESIGN COMPATIBILITY PERMIT FINDINGS 1 The physical location, size, massing and placement of the proposed structure on the site and the location of proposed amenities within the project, as conditioned, is compatible with and relates harmoniously to surrounding sites and neighborhoods. Specifically, the subject property is located within an urbanized commercial environment and is adjacent to other properties that contain existing structures that are comparable in height, size and massing to that which is proposed in the subject application. The subject property is surrounded by three and four story buildings to the north and south, respectively, and a five-story residential building directly across the alley. The project incorporates articulated fac;ade elements adjacent to the public street and pedestrian amenities such as landscaping, exterior lighting, recessed entries and a bench. The stair and elevator projections above the height limit are located near the taller building to the south, which has been designed with a standing seam metal roof to match a similar feature used on the front fac;ade of the building. 2. The physical location, size, massing and placement of proposed structures on the site, and parking access and the location of proposed amenities within the project would not be detrimental to the public interest, health, safety, convenience or general welfare. Specifically, the proposed structure complies with all applicable provisions of the City of Santa Monica Municipal Code and the City's General Plan, which are two land use documents that the City uses to ensure projects do not detrimentally impact public interest, health and safety. As an in-fill development within an urbanized environment, and after evaluation of potential impacts to traffic, noise, air and water quality, consistent with Section 15332 of the CEQA Guidelines, it is not anticipated the project would have the potential to degrade or otherwise compromise the integrity or general welfare of the community. 3. The rights-of-way can accommodate autos and pedestrians, including adequate parking and access, in that, as conditioned, pedestrian access to the site would be provided from Seventh Street, which is a collector street at the project location, and vehicular access would be provided from Sixth Court, a 20-foot 10 wide alley. An evaluation of existing street systems, levels of service and anticipated trip generation from the project shows that there is no net increase in traffic generation caused by the proposed project as compared to the existing improvements. Therefore, while existing street segments may vary in the level of service, existing street systems exist and will not be impacted by the proposed project. 4 The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) is sufficient to accommodate the new development, in that the proposed development is located within an urbanized area that is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required by this project. 5. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial Study or Environmental Impact Report, in that the proposed development is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant Section 15332 of the CEQA Guidelines and therefore, no Initial Study or Environmental Impact Report was prepared and thus no mitigation measures generated. 6. The proposed use conforms precisely to the minimum requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030, in that the proposed project, as conditioned below, and shown on the plans submitted by the applicant, demonstrates compliance with all applicable provisions of the City of Santa Monica Zoning Ordinance. DESIGN COMPATIBILITY PERMJI_CQ1"JDJI1QNS Plans 1 This approval is for those plans identified as Option 2 and presented to the City Council on June 10,2003, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2 The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3 Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Planning Manager. 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. 11 Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7 Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 8. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. All building glazing shall be clear glazing. 9. The Architectural Review Board, in its review, shall pay particular attention to the extensive use of stucco siding and shall require additional complementary materials and architectural detailing as necessary to enhance the aesthetic design. 10. Construction period signage shall be subject to the approval of the Architectural Review Board. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 12 Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. 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. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 13. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 12 14. Prior to the Architectural Review Board's review, the applicant shall remove the framed architectural element at the fourth floor deck adjacent to the southern property line. Fees 15. 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 unit(s) on the subject lot, per and subject to the provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code. Demolition 16. 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 occu rs. 17. Unless otherwise approved by the Community and Cultural Services 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). 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. 19, Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. No demolition of buildings or structure built 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 13 Construction 21 Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 22 Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. 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. 24. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Service Department. No street trees shall be removed without the approval of the Open Space Management Division. 25. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction- related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction- period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on- site construction manager. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at 14 City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction. 27 A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 28. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 29. 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). 30. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The General Services Department will set specific requirements. Building Permit plans shall show the required installation. Miscellaneous DCP Conditions 31 The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 32 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. 33 Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works. 15 34. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 35. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. 36, Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a soundrated parapet enclosure. 37. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 38 Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors. Validity of Permits 39, In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 40, Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the 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. 41 This determination shall not become effective until a final determination is made on the appeal. The approval of this permit shall expire if the rights granted are not exercised within two years from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final 16 inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One twelve-month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. 42, Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Conditional Use Permit. Special Conditions 43, Pursuant to Ordinance 1589 (CCS), prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit(s) from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental unit(s) pursuant to the provisions of the Ellis Act. 44 Prior to issuance of a building permit, the applicant shall submit, for City review and approval, a deed restriction or other legal instrument setting forth the residential use requirements for the project. Such restrictions shall be effective for the life of the project. 45. All vehicular access to the property shall be provided with a driveway adjacent to Sixth Court alley, subject to review and approval from the Director of Planning and Community Development Department. No driveway or vehicular access is permitted from Seventh Street. Affordable Housing Obligation (effective July 21, 1998) 46 Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to the City's Affordable Housing Production Program which requires an 17-unit development to provide either two very low cost affordable unit(s) or four low cost affordable unit(s) on-site (SMMC Section 9.56.050), provide the affordable units off-site (SMMC Section 9.56.060), pay an affordable housing fee (SMMC Section 9.56.070), acquire land for affordable housing (SMMC Section 9.56.080). The developer has elected to satisfy the Affordable Housing Production requirement through payment of an affordable housing fee. The project's affordable housing fee is based on the following formula: Floor Area (as defined by SMMC Section 9.04.02.030.315) x $11.01 x applicable %. The project's floor area as shown on the plans dated 10/22/02 is 27,661 square feet. The project's affordable housing fee based on this floor area would be $304,548. The fee will be recalculated prior to payment based on the actual 17 building floor area of the project as constructed. The fee must be paid in full prior to the City granting any approval for the occupancy of the project. TENTATIVE PARCELfTRACT MAP CONDITIONS 47. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil engineer and approved by the City Engineer. 48 A subdivision improvement agreement for all off site improvements required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 49. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Government Code Section 66452.6 and Subchapter 9.20.18 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. No building permit for the project will be granted until such time as the final map is approved by the Santa Monica City Council. 50. In submitting required materials to the Santa Monica Engineering Division for a final map, applicant shall provide a copy of the approved Statement of Official Action. 51 Prior to approval of the final map, Condominium Association By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R's shall contain a non-discrimination clause as presented in Section 9.20.20.020 (SMMC) and in the case of condominiums, contain such provisions as are required by Section 9.04.16.01.030(e)(SMMC). 52. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provisions of Section 6.76.010 et seq. of the Santa Monica Municipal Code. 53. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. 54. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sections 9.20.12.010 through 9.20.12.080 (SMMC) and the Subdivision Map Act. 55. One mylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Recorder prior to issuance of any building permit for a condominium project pursuant to Government Code Section 18 66499.30. Applicant shall also provide the County with a copy of this Statement of Official Action at the time the required copies of the map are submitted. 56, A copy of the recorded map shall be provided to the City Planning Division before issuance of a Building Permit. 57 Pursuant to Section 9.20.14.070 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Senior Planner Planning and Community Development Department E. F. G, Appeal Statement, dated November 25,2002 City Council Report, dated January 14, 2003 Planning Commission Report, dated November 20, 2002 Planning Commission Statement of Official Action, dated November 20, 2002 Public Notice Architectural Plans (Options 1-4) Vesting Tentative Tract Map No. 53675 ATTACHMENTS A. B. C, D 19 ATTACHMENT A Appeal Statement, dated November 25, 2002 20 City of Santa Monica Department of Planning and Community Development Planning and Zoning Division (310) 458.8341 APPEAL FORM Date Filed Received By Receipt No. \,[25/200L O\~\) OR\L\€E Name Address Contact Person lJc-.R€K JO#cf /900 ~v€N"e of mr .I'r~J'~ M oN I CA W 177 . :f-fL F~.) l.C>I" ANGe~€r. cA 100~7 Phone ( Z 10) 2..0.7. ~o<f' 0 Please describe the project and decision to be appealed J>€"" /A'- 6r De ['/6"" c.:.~P/frrrl/../Ty !~lMI" . A.Nf) V ff1"/1V , "'-eN7AT'IV€ ~A.c-.,. ~Af 1'6 c...NrTltvc.7 Jlew ('1 - V/IIrT c...uW/)O~1 ~t vM /1Z--.tec7. Case Number Address Applicant Original Hearing Date Original Action Pf-J'J.-f/'" 0 1- /) cf - 0 (1 N"lD NT~vf -rILACl" ~1(QTr Please state the specific reason(s) for the appeal Se€ A?TAcHf-P /V,A;:1-~^7( v(i'. Please provide two self-addressed, stamped, letter-sized envelopes. Signature IN- Date 2r- N~I/ o~ Ll APPEAL NARRATIVE Applicant 1544 7th Street LLC ("Applicant") applied for a design compatibility permit and vesting tentative tract map to allow the construction of a new 17 -unit condominium project at 1544 Seventh Street ("Proposed Project"). No letters of opposition to the Proposed Project were received by the City, and nobody appeared at the noticed public hearing to speak in opposition to the Project. Further, City Staff recommended that the Project be approved on the grounds that the Project satisfied all of the legally required fmdings, and comports precisely with both the Santa Monica Municipal Code and the General Plan. Notwithstanding the foregoing, the Planning Commission denied the application. The Planning Commission erred and abused its discretion because it based its denial on two erroneous and legally insupportable findings A. Finding No. 1 - Street Access to the Subterranean Garaee Violates the General Plan The Planning Commission found that the Proposed Project does not comply with the General Plan because it provides for street access to the subterranean garage. Apparently, the Planning Commission believes that the Land Use Element requires exclusively alley access to on-site parking. This finding is in error because the Land Use Element does not prohibit street access to on-site parking facilities.! Instead, the Land Use Element seeks to "enhance the pedestrian scale and character of streets and public spaces. See Land Use Element Objective 3.3. This objective is achieved through a variety of City policies, only of one which is to encourage vehicular access from alleys and side streets. See Land Use Element Policy 3.3.2. There is nothing in either the Land Use Element or the Circulation Element that expressly or impliedly prohibits street access. Further, the Land Use Element objective of enhancing the pedestrian scale and character of streets and public spaces can also be achieved through other equally available policies including, for example, maximizing the provision of pedestrian amenities at the ground floor street frontage and encouraging design articulation of building facades. See Land Use Element Policy Nos. 3.3.1 through 3.3.5. Here, as Staff correctly noted, the Project "incorporates articulated facade elements adjacent to the public street and 1/ The Land Use Element does prohibit on-site parking at street frontage. Had the drafters of the Land Use Element intended to prohibit both on-site parking and on-site access at the street frontage, they would have so provided. Dean v. Superior Court, 62 Ca1.App.4th 638, 641-42 (1998) ("The expression of some things in a statute necessarily means the exclusion of other things not expressed"). LA 3034865 22 ) pedestrian amenities such as landscaping, exterior lighting, recessed entries and bench." See Staff Report at page 7. At the time of the hearing, the Planning Commission recommended. that the Applicant return for further hearing after re-designing the Project in such a way as to provide exclusively alley access to the on-site parking. The Project Architect explained that because the subject property has a width of only 50 feet, re-designing the Project in such a way as to provide exclusively alley access to the on-site parking facilities would drastically alter the Project. Specifically, the City's parking design standards would require a wider driveway, a longer ramp, and an increased turning radius. In turn, these requirements would eliminate virtually all of the parking spaces at grade level, and a significant amount of the parking spaces at the subterranean level. As a result, the loss of parking spaces would result in a loss of all of the two-bedroom units and, quite likely, a reduction in the total number of residential units as well. This result is directly contrary to the City's continued goal of providing larger housing units (see Staff Report at page 4), and violates the General Plan objective of increasing housing in the City's Downtown Core. See, Land Use Element Objective 1.3. In light of the foregoing, the Planning Commission erred in fmding that a failure to provide only cilley access violates the General Plan, and further erred in failing to recognize that the Project, as currently designed, furthers the policies and objectives of the General Plan by providing much-needed housing in the Downtown core and enhancing the pedestrian scale and character of Seventh Street. B. Findine No. 2 - The Buildine Is Not Sufficiently Stepped Back from the Front Property Line _ The Planning Commission also based its denial on a fmding that the Proposed Project is not compatible with and would not relate harmoniously to the surrounding sites and neighborhoods because it is not sufficiently stepped back from the front property line and, as a result, would "canyonize" Seventh Street. This second fmding is equally in error and contrary to the express provisions of the Land Use Element. Specifically, the Land Use Element provides as follows: "[T]he City shall reinforce the urban character and enhance the pedestrian environment by requiring that the majority of buildings in the Downtown and neighborhood commercial districts be built to the "build-to-line." See Land Use Element Policy No. 3.3.3 (emphasis added). "The Elements aim to improve the street-level environment for pedestrians. Examples of policy proposals to accomplish this include maintain[ing] the urban image of certain areas by reinforcing a continuous street facade by means of a requirement that some portion of the front facade of a building be built to the front property line." See Land Use Element at page 62. \ \ LA 3034865 v I I L 23 J 2' ) Thus, the Land Use Element not only encourages, but actually requires, that the front facade of the Proposed Project be built to the front property line. In other words, the exact design element of the Proposed Project upon which the Planning Commission based its denial is required by the City I S General Plan. C. Conclusion The issue of whether the Proposed Project is compatible with the neighborhood and comports with the General Plan is beyond question. As detailed in the Staff Report, the record presents substantial evidence that each of the legally required findings can be made for the Proposed Project. The Planning Commission 's fmdings to the contrary are factually and legally insupportable. In fact, the denial would appear to be the result of biased decision- making. In this regard, the Applicant is now in possession of a handwritten note that appears to have been exchanged between some of the members of the Planning Commission during the hearing on this application. A copy of this note is attached. This note demonstrates that at least one member holds a personal animosity towards the Applicant and, therefore, was not a disinterested, unbiased decision-maker. As a result, the Applicant was deprived of a fair hearing before the Planning Commission and, therefore, the Planning Commission deprived the Applicant of its substantive due process rights. It is black letter law that a failure to provide a fair hearing is a charade which does not serve the public interest. LA 3034865 vI 24 ~ /~\~ '\ / \ S.\ Cd ~ \ ~ ^~ ~ <1:;"1: I \l l~ ~I) ~Jl~ I~ I{ o ~~ ATTACHMENT B City Council Report, dated January 14, 2003 \..26 PCD: S F :JT :AS:J L:f:\plan\share\cou ncil\strpt\2002\02APP023 .doc Council Mtg: January 14, 2003 Santa Monica, California TO Mayor and City Council FROM City Staff SUBJECT: Appeal 02-023 of the Planning Commission's Decision to Deny Design Compatibility Permit 01 DCP-013 and Vesting Tentative Tract Map 53675 (02TM-011) for a New 17 -Unit Residential Condominium Project Located at 1544 yth Street. Applicant/Appellant: 1544 yth Street, LLC INTRODUCTION This report recommends that the City Council uphold the appeal and approve the proposed project with new conditions requiring redesign and elimination of a street driveway access in response to concerns raised at the Planning Commission hearing. The Planning Commission, at its November 20, 2002 meeting, unanimously denied the project based on inconsistencies with the City's General Plan and the project's lack of pedestrian orientated design features. The applicant appealed this determination. The appeal statement is contained in Attachment A, the Planning Commission staff report is contained in Attachment B, and the Planning Commission Statement of Official Action is contained in Attachment C. BACKGROUND Backqround The subject property, located at 1544 yth Street is zoned C3 and located in an area that, in recent years, has experienced a considerable amount of new development. Buildings in this part of Downtown may extend up to 50-feet tall and be five-stories in height, provided at least one floor of residential housing is included. The age and size of \.27 structures in the immediate neighborhood vary. Adjacent to the subject property are three story buildings to the north and south, a four story building across Seventh Street to the east and a five story building across the alley to the west. Proposed is the construction of a new five story, 17 -unit residential condominium project. The site is currently developed with a two-story, 17 -unit apartment building, which was removed from Rent Control via the Ellis Act on July 2,2002. The proposed 27,661 square foot, five story structure contains 12 studio and five, two-bedroom, condominium units. Parking is provided on two levels, at-grade and within a subterranean garage. The at-grade parking is accessed from Sixth Court, a one-way alley that is 20 feet wide. This parking area accounts for 11 of the 25 required parking spaces. The remaining 14 spaces are located below grade and are accessed from Seventh Street. There is no internal vehicular access on-site between the two parking areas. The Planning Commission expressed concerns about the design and offered the applicant the opportunity to redesign the project. The applicant chose not to redesign and requested project denial. The Commission denied the applications based on concerns that the project did not comply with the Land Use and Circulation Element of the General Plan and expressed general concern about the design of the building. On November 25, 2002, the applicant appealed the decision The appeal asserts that the project complies with applicable municipal regulations and the General Plan Further, the applicant raised concerns about whether they received a fair and impartial L28 hearing. ANAL YSIS Planninq Commission Action The Planning Commission's concerns with the project focused primarily on pedestrian- oriented design considerations and building massing, including concerns regarding the dual driveway approach from Seventh Street and the alley, and the project's transition or relationship to adjacent structures and the street. The Commission believed allowing the front driveway was contrary to the General Plan and resulted in the potential for vehicular/pedestrian conflicts and detracted from the pedestrian nature of the street. Specifically, the Commission cited inconsistencies with Circulation Element Policy 4.3.7 of the General Plan, which encourages mid-block properties with alley access to provide vehicular access only from the alley. The Planning Commission also considered the design to be boxy, containing flat facades that increased the perceived mass of the building, and stated that it lacked articulation at the second and third floor levels, which contributed to the building's mass and detracted from a pedestrian-oriented design. Moreover, the design lacked creativity and did not provide an effective transition that related well to the architectural style and massing of adjacent buildings. Appeal Analvsis The applicant contends that the project is consistent with applicable municipal regulations and complies with the goals and policies of the General Plan. While acknowledging that Circulation Element Policy 4.3.7 encourages mid-block properties to provide alley access, the applicant argues that it is neither a requirement of the General Plan nor the Zoning Ordinance to prohibit street access at this location. With regard to the pedestrian oriented design concerns expressed by the Planning Commission, the applicant maintains that the project complies with relevant code requirements and that the design is consistent with various Land Use policies of the General Plan. Specifically, the applicant argues, the project incorporates articulated fac;ade elevations, exterior lighting, recessed entries, clear glazing, landscaping, a bench, and balconies on the upper levels, which are also stepped back further from the front property line consistent with municipal requirements. Regarding the Planning Commission's concern related to additional articulation at the second and third floor specifically, and the project's relationship to the street generally: the appeal statement references Land Use Element Policy 3.3.3, which encourages commercial developments to be constructed at the front property line to reinforce the urban character and enhance the pedestrian environment. The applicant also expressed concern that he did not receive a fair hearing at the Planning Commission, after discovering a hand written note on one of the returned architectural plans expressing animosity toward the applicant. A copy of the note is attached to the appeal statement. Drivewav Access, Pedestrian-Orientation and Buildinq Mass After the Planning Commission meeting, staff reevaluated the project and discovered the project did not comply with Santa Monica Municipal Code Section 7.04.190 which requires all driveways in commercial zones to be located at least 24 feet from an adjacent driveway. The inconsistency relates to the alley driveway located approximately 16 feet from a driveway leading to a loading zone space on the northern property. Based on the location of existing driveways in the alley, in order to accommodate a rear driveway, a modification to the standard is required. Santa Monica Municipal Code Section 7.04.200, authorizes the Transportation Planning Manager to grant such modifications where unusual or extraordinary physical conditions exist and where granting the modification will not be contrary to the public safety, convenience and general welfare. After reviewing the plan, and after consideration of the Planning Commission's comments, the Transportation Planning Manager supports the modification to allow alley access. This decision is substantiated by the location of existing driveways and furthers the goals and policies of the General Plan, which encourage alley access. Further, to address the Planning Commission's pedestrian orientation concerns and to further achieve consistency with the General Plan, staff recommends adding a condition to the project requiring the Seventh Street driveway be eliminated, thus requiring all vehicular access to be provided from the alley. This condition not only serves to improve the project's pedestrian oriented design, it also serves to minimize potential conflicts between pedestrians and vehicles and provides an opportunity for on-street parking. Based on the Planning Commission hearing and the concerns expressed about the project design, staff has concluded that the proposed project should be redesigned to address the massing and pedestrian orientated concerns. In response to these :~ L 3 concerns, Condition 47 has been added requiring redesign of building features. Although compliant with minimum stepback requirements, the Planning Commission believed the proposed building was too massive and would benefit from further articulation at the upper levels to reduce mass and to provide a better transition to the adjoining structures. In addition, the framed open deck at the fourth floor serves to increase the perceived mass of the building and impacts the building transition to adjacent structures While the new conditions will have significant design implications, staff believes the Director of the Planning and Community Development Department and the Architectural Review Board can review this and the other recommended conditions, without jeopardizing the findings the City Council must make were it to approve the project. Conditions 45,46 and 47 address these issues CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant Section 15332 (Class 32) of the State Implementation Guidelines. Specifically, projects that are consistent with the applicable general plan designation and zoning regulations, that are not located on a site greater than five acres in an urbanized environment or supports habitats for rare, threatened or endangered species, that are adequately served by existing infrastructure and that will not result in any significant effects relating to traffic, noise, air and water quality, are exempt from CEQA. Included as an attachment to the Planning Commission staff report (Attachment B), is an evaluation of the project's compliance with these criteria '"'32 PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050 and 9.20.14.010, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment D, BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact Conclusion The project consists of a new 17-unit residential condominium project located in Downtown area The Planning Commission offered the applicant the opportunity to redesign the project but after the applicant declined the offer, the Commission denied the project based on a lack of pedestrian orientation and inconsistencies with the General Plan On appeal the applicant is presenting the same design to the City Council. Based on the Planning Commission's comments and staff's review of the driveway design and building design, staff recommends approval of the project, but with conditions prohibiting street driveway access, and requiring redesign to address building massing and articulation and pedestrian orientation RECOMMENDATION It is recommended that the Council uphold Appeal 02-021, approving Design Compatibility Permit 01 DCP013 and Vesting Tentative Tract Map 53675 (02TM-011), based on the following findings, and subject to the following conditions, 3 requirements, while establishing a new standard of quality in the design of public parking in Santa Monica, as discussed above. Development Review Permit 02-010 A Development Review Permit is required for any new development over 30,000 square feet within the CCSP area. The proposed project is 244,930 square feet in size, requiring the Planning Commission to review the project and make applicable findings. Overall, the physicalloGation, size, massing, and placement of the proposed project are compatible with and relate appropriately with the surrounding sites and neighborhood. The Civic Center Parking Structure will provide critical parking resources to support adjacent community-serving facilities, including City Hall, the Public Safety Facility, County Courthouse and Civic Auditorium, and will help provide for the eventual conversion of nearby surface parking to community-oriented uses. The five-level, 55'8", 244,930- square foot building will have frontage along Fourth Street and Olympic and Civic Center Drives and will be of a scale and massing comparable to the surrounding buildings in the neighborhood which range in size from two to eight stories in height and include a variety of styles and uses. The building will contain pedestrian entrances adjacent to the three streets and leasable tenant spaces with extensive glazing on the first and second levels adjacent to Fourth Street and Olympic Drive in order to enhance the structure's pedestrian orientation, 22 environmental issue, is an important policy and social issue, and staff from the County and City are meeting regularly to address the County's concerns. CEQA ANALYSIS An Environmental Impact Report (EIR) has been prepared for the proposed project in accordance with Section 15087 of the California Environmental Quality Act (CEQA) Guidelines. A Notice of Preparation (NOP) was filed with the California Office of Planning and Research and distributed to involved public agencies and interested parties for a 3D-day public review period that concluded on July 30, 2002. Copies of the Draft EIR were made available for a 45-day public review period, which closed on December 16, 2002. A total of 7 comment letters on the draft EIR were received. These comment letters, as well as the response to comments, are included in the Final EIR (Attachment T). Details of the significant impacts are discussed below.. The EIR addresses the potential environmental effects of the proposed project. The scope of the EIR includes environmental issues determined to be potentially significant by the Initial Study, NOP and responses to the NOP. The environmental analysis, particularly in the traffic and circulation section, includes two stages of use of the parking structure: the "interim" conditions, when up to 700 parking spaces in the proposed project are occupied by downtown employees, and the "ultimate" conditions, once the downtown parking seismic retrofit and reconstruction program has progressed to the point that replacement 24 CEOA significance criteria, without creating secondary impacts. Significant but miti~latable impacts were found in the areas of Aesthetics/Shadow Effects, Construction Effects, Geology, and Hazards/Hazardous Materials. A brief description of the impact and summary of the recommended mitigation measure for these mitigatable impacts is provided in the Summary of Significant Impacts section of the EIR. As discussed below, significant, unavoidable and adverse impacts that cannot be mitigated are identified by the EIR for Traffic/Circulation and Neighborhood Effects, as follows: · Traffic/Circulation -- unavoidably significant traffic impacts to two intersections, as well as to Fourth Str1eet south of Pico Boulevard. · Neighborhood Effects - unavoidably significant traffic impacts to Fourth Street south of Pico Boulevard. Traffic and Circulation It may be helpful to the Council to clarify why traffic impacts are identified in the EIR's analysis, given that the project involves the construction of a parking structure that does not generally create new automobile trips, but rather involves replacing existing parking stalls. Impacts identified under the "interim conditions" scenario are specifically associated with a portion of downtown employees who are expected to reach the Civic Center Parking Structure using routes that are slightly varied from their current routes. The change in routes results in significant impacts related to Levels of Service (LOS) and volume/capacity ratios at three of the 35 intersections studied: 26 · Ocean Avenue/Neilson Way and Pico Boulevard, . Pico Boulevard and Fourth Street, and . Fourth Street and 1-10 On-ramp. While these impacts would only occur during the temporary period, they are considered significant during that period. The intersection of Fourth Street and 1- 10 On-ramp is also shown to be significantly impacted during the "ultimate conditions" scenario. This is also related to shifting of existing trips as more parkers take advantage of the parking structure's adjacency to the freeway. While this shift reduces traffic on other Santa Monica roadways and intersections, it does create a significant impact at the Fourth Street intersection with the freeway on-ramp. A mitigation measure identified for the intersection of Ocean Avenue/Neilson Way and Pico Boulevard would reduce the significant impact that was identified under interim conditions to a less than significant level. However, thE~ adverse traffic-related environmental impacts identified at the other two intersections cannot be feasibly mitigated as physical constraints would require narrowing or eliminating sidewalks or encroaching upon adjacent properties to implement miti~lation. These mitigation measures would themselves result in significant negative impacts to the area and impact the neighborhood context. Narrowing sidewalk widths or eliminating sidewalks adversely affects the pedestrian environment by reducing the walking area for pedestrians, including pedestrians going to and coming from Santa Monica High School, and potentially forcing pedestrians into the street. Encroachments on adjacent properties would involve 27 removing part of the Public Safety Facility, the commercial properties on the south side of Pica Boulevard, or the Santa Monica High School Track and Field, or r€imoving landscaping adjacent to the Doubletree Hotel or the Civic Auditorium Parking Lot. Removal of landscaped parkways would negatively affect the pedHstrian environment by removing adjacent green space that provides shading and visual relief. Removal of parts of community facilities would negatively impact the facilities' ability to provide public services. Removal of parts of commercial buildings on Pico Boulevard would negatively affect the interest and variety of the pedestrian experience on that street, as well as impact the viability of the existing businesses. Such widening of streets to accommodate additional vehicle trips is contrary City policy where the preservation of neighborhoods and the pedestrian environment is highly valued The nHighborhood traffic impacts identified in the EIR are specifically associated with the approximately 11,321 square feet of street-level leasable spaces proposed for the structure. As the specific use of these spaces cannot be identified at this time, the EIR uses the most conservative analysis and assumes that the space will be used for retail use, which is associated with a relatively high traffic generation rate. Given the nature of Fourth Street in this area, it is unlikely that the street-level spaces would have much appeal to destination retail tenants. If retail tenants were to occupy the space, they would likely be neighborhood-serving uses specifically associated with pedestrian trips from City Hall, the County Courthouse, or the Public Safety Facility. Other likely uses 28 would be public-serving governmental offices that are already located in the Civic Center. In either case, the new trips associated with these tenant spaces would be minimal. In spite of the likely uses of the tenant space, the traffic analysis uses the most conservative analysis and identifies significant neighborhood traffic impacts on two segments of Fourth Street, south of Pico Boulevard. The significant neighborhood traffic impacts cannot be mitigated as traffic-calming measures have already been implemented on Fourth Street. To be effective in further reducing pass-through traffic, any additional traffic-calming measures would likely consist of diverters or partial or full street closures. Such measures would likely havE~ unintended adverse consequences on other parallel local streets, if traffic shifb3d from Fourth Street to other streets and created negative neighborhood traffic impacts. The full discussion of traffic impacts and mitigation measures can be found in Section 4.9 and Appendix E to the EIR. Neiqhborhood Impacts The significant and unavoidable neighborhood impacts identified in the EIR are associated with neighborhood traffic impacts on Fourth Street, south of Pico Boulevard, as discussed above. 29 Proiect Alternatives CEOA requires that an EIR evaluate alternatives to the proposed project, including a "No Project" alternative. Because an EIR must identify ways to miti~late or avoid the significant effects that a project may have on the environment, the discussion of alternatives focuses on changes to the project or the project location that are capable of achieving the objectives of the proposed project while avoiding or substantially lessening any significant effects associated with the project. However, only feasible alternatives need be studied. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, genE~ral plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise has access to the alternative site. The following four alternatives to the proposed project were analyzed in the EIR in compliance with CEQA requirements: . No Project: under this alternative, the Civic Center Parking Structure would not be constructed and the site would remain a surface parking lot. . Proposed Project with Rooftop Community Room: this alternative is essentially the same as the proposed project, with the addition of a 2,500- square foot community room on the rooftop of the parking structure; this alternative would require an amendment to the Civic Center Specific Plan. . Substitute Site: under this alternative, the parking structure would be built on a site on Ocean Avenue, north of the Pacific Shores Hotel; this alternative would require an amendment to the Civic Center Specific Plan. 30 · Two Garages: under this alternative, the parking would be divided between the proposed site and the substitute site referenced above; this alternative would require an amendment to the Civic Center Specific Plan. The EIR determined that the No Project Alternative would be considered the environmentally superior alternative. Implementation of the No Project Alternative would not meet the project objectives of providing adjacent parking to support City Hall, County Courthouse, Public Safety Facility and Civic Auditorium, creating new parking resources to allow for the eventual conversion of surface parking to community-oriented uses, and serving as temporary parking to support the downtown parking seismic retrofit and reconstruction program. Among the remaining alternatives, the "Proposed Project with Rooftop Community Room" appears to be superior overall, as it involves some improvement in neighborhood impacts, and involves fewer increased impacts than the other alternatives. While the "No Project Alternative" is considered to be supElrior overall, the proposed project appears to be superior to the remaining alternatives. Representatives of the Doubletree Hotel have suggested a project alternative that would involve removing the top levels of the parking structure. While such an alternative could preserve a greater scope of the hotel's views, this is not an environmental issue or a land-use policy issue, as discussed in the appeal analysis above. Additionally, a significantly reduced project would clearly not meet the project and Specific Plan objective of developing an efficient public 31 parking structure that can eventually replace surface parking within the Civic Center. Statement of Overridinq Considerations In order to approve the project, the City Council must certify the EIR and adopt a statE~ment of overriding considerations. A statement of overriding considerations is a finding by the City Council that the benefits of a proposed project outweigh the unavoidable adverse environmental impacts. Staff recommends that a statement of overriding considerations is warranted for the following reasons: · The Civic Center Parking Structure will support key community facilities, including City Hall, the County Courthouse, the Public Safety Facility and the Civic Auditorium, by providing parking for automobiles and bicycles of the public and employees, as well as parking for official vehicles. . The Civic Center Parking Structure provides a major new parking resource to allow for the eventual redevelopment of surface parking in the Civic Center area for public-serving parks and community facilities, as prescribed by the Civic Center Specific Plan for this site. . Land Use Element Policy 1.11 prescribes the provision of land for parks and other public facilities adequate to meet future needs. The project supports this policy of the Land Use Element by consolidating surface parking into structures to allow for the eventual redevelopment of surface parking in the Civic Center area for parks and community facilities. . Land Use Element Policy 1.12.2 provides for the use of public lands and facilities within this area to be determined by the Civic Center Specific Plan. The project supports this policy of the Land Use Element by complying with the requirements of the Civic Center Specific Plan. . The traffic and transportation impacts to Fourth Street 1 Pico Boulevard and Fourth Street 11-10 Eastbound On-ramp under the interim conditions are temporary in nature and are not expected to continue beyond the interim period during which certain downtown parking needs are temporarily shifted to the Civic Center Parking Structure. 32 · The traffic and transportation impact at Fourth Street /1-10 Eastbound On- ramp under the ultimate conditions is related to shifting of existing trips as more parkers take advantage of the parking structure's adjacency to the freeway. This shift reduces traffic on other Santa Monica roadways and intersections. · The traffic and transportation impact on Fourth Street south of Pico under the ultimate conditions is specifically associated with any destination retail or restaurant use of the street-level leasable space in the parkin!~ garage. As these uses are expected to be neighborhood-serving or public-service functions, these traffic impacts would be reduced. · The significant and unavoidable traffic impacts on Fourth Street south of Pico consists of only 16 additional daily trips on weekdays and 19 additional daily trips on Saturdays. SUMMARY AND CONCLUSION The Civic Center Parking Structure is an important public project that represents a critical step in the revitalization of the Civic Center, as well as a new approach to creating visually interesting and physically integrated public parking structures in Santa Monica. The project creates opportunities for reclamation of surface parking in the Civic Center for community-oriented uses, as well as supporting the seismic safety of public parking in the Downtown. Staff recommends that the City Council approve the Development Fteview Permit for the Civic Center Parking Structure. BUDGET / FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. 33 RECOMMENDATION It is recommended that the City Council take the following actions: Adopt the resolution contained in Attachment Q certifying Final Environmental Impact Report 02EIR003; 2. Adopt the resolution contained in Attachment R approving a Statement of Overriding Consideration and Mitigation Monitoring Program; and 3 Deny the appeal and approve Development Review Permit 02DR-010, DEVELOPMENT REVIEW PERMIT FINDINGS 1. The physical location, size, massing, and placement of the proposed structure on the site and the location of the proposed uses within the project are compatible with and relate harmoniously to the surrounding sites and neighborhoods, in that the Civic Center Parking Structure will provide critical parking resources to support adjacent community-serving facilities, including City Hall, the Public Safety Facility, County Courthouse and Civic Auditorium, and will help provide for the eventual conversion of nearby surface parking to community- oriented uses. The five-level, 55'8", 244,930-square foot building will have frontage along Fourth Street and Olympic and Civic Center Drives and will be of a scale and massing comparable to the surrounding buildings in the neighborhood which range in size from three to eight stories in height and include a variety of styles and uses, including the eight-story Doubletree Hotel, four-story Public Safety Facility (under construction), three-story City Hall, five-story RAND Headquarters (under construction), and eight-story Viceroy Hotel. ThEl building will contain pedestrian entrances adjacent to the three streets and leasable tenant spaces with extensive glazing on the first and second levels adjacent to Fourth Street and Olympic Drive in order to enhance the structure's pedestrian orientation. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the design of the Civic Center Parking Structure provides pedElstrian access from Olympic Drive, Fourth Street and Civic Center Drive. Bus access will continue to be provided from Fourth Street at Civic Center Drive. Direct vehicular access will be provided from Avenida Mazatlan alley in order to limit the potential for congestion and pedestrian interference on Olympic Drive, Fourth Street, and Civic Center Drive. 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 Civic 34 Center Parking Structure is located within an urbanized area that is already served by existing infrastructure. No new safety services or public infrastructure will be required by this project, and the project will enhance the provision of public safety services by providing additional secured parking for the Public Safety Facility. 4. Anyon-site provision of housing or parks and public open space, which are part of the project mitigation measures required by Subchapter 9.04.70 and Section 9.04.10.12 of the Santa Monica Zoning Ordinance, is satisfactory to meet the ~~oals of the mitigation program, in that no such requirement is applicable to the construction of the Civic Center Parking Structure. 5. The project is generally consistent with the Municipal Code, Civic Center Specific Plan and General Plan, in that the Civic Center Parking Structure is being constructed as specifically designated and called for in the Civic Center Specific Plan in order to allow for the consolidation of surface parking lots in the Civic: Center area into structured parking in order to allow for more intensive, community-oriented use of that land. 6. Reasonable mitigation measures have been included for most advl3rse impacts identified in the Environmental Impact Report and a Statement of Overriding Considerations has been adopted in consideration of those significant impclcts that cannot be mitigated to a level of insignificance. CONDITIONS OF APPROVAL (DR02-010) Plans 1 The approval is for those plans dated February 19, 2003, 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 othenNise specified in these conditions of approval. 2 The plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking layout and specifications shall be subject to review and approval of the Transportation Management Division. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. 35 Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. Construction period signage shall be subject to the approval of the Architectural Review Board. 8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to the review and approval by the Architectural Review Board. 9. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures, and materials; window treatment; glazing; and landscaping. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. 11 Landscaping plans shall comply with Subchapter 5B (Landscape Standards) of the Zoning Ordinance including the use of water-conserving landscaping materials, landscaping maintenance and other standards contained in the Subchapter. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.04.10.02.130 through 9.04.10.02.150. 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 area and equipment. Any rooftop mechanical equipment shall be minimized in height and visual area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. 36 Demolition 13. Street trees shall be maintained, relocated, or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department. No street trees shall be removed without the approval of the Open Space management Division. 14 Immediately after demolition of the parking lot and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance (8'), shall be maintained around the perimeter of thE~ lot. The lot shall be kept clear of all trash, weeds, etc. Mesh fabric shall be installed on the fence to reduce the amount of dust leaving the site. 15. Prior to the issuance of any demolition of construction permits, a demolitions materials recycling plan, which seeks to maximize the reuse / recycling potential of existing buildin~1 materials, shall be filed for approval by the Department of Environmental and Public Works Management. 16. Until such time as demolition is undertaken, and unless the parking lot is currently in use, the existing parking lot shall be maintained and secured by 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. 17. 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. 18. No demolition of buildings or structures 40 years or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. Construction 37 19. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project, as determined by the Department of Environmental and Public Works Management, shall be constructed to the satisfaction of the Department of Environmental and Public Works Management prior to issuance of the building permits. 21. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 22 A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 23. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 25. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6-gallon toilets and 1.0-gallon urinals and low-flow showerhead.) To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include: 1) list of materials such a white paper, computer paper, metal cans, and ~llass to be recycled; 2) location of recycling bins; 3) designated recyclin!~ coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants / occupants of service. 38 27. To mitigate storm water and surface run-off from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: · Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; · Any sediments or materials which are tracked off site must be removed the same day they are tracked off site; · Excavated soil must be located on the site and soil poles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; · Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; · Drainage controls may be required depending on the extent of grading and topography of the site; · New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces; diverting or catching runoff via swales, berms, and the like; orientation of drain gutters toward permeable areas; modification of grade; use of retention structures; and other methods. 28. Pursuant to Mitigation Measure AES-2(a), the applicant shall design exterior building lighting to ensure that no light projects on adjacent sites. Exterior lighting shall incorporate "cut-off' shields as appropriate to prevent an increase in lighting at adjacent and nearby uses. 29. Pursuant to Mitigation Measure AES-2(b), landscape illumination and exterior sign lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off- site viewers. 30. Pursuant to Mitigation Measure AES-2(c), finish materials, including glazing, shall be of a low reflectivity to minimize glare. Development shall include low-reflective roofing materials to reduce glare potential for nearby development that may have downward views of the project's roof. 31. Pursuant to Mitigation Measures CON-1 and CON-3(d), the applicant shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management and construction mitigation during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development prior to issuance of a building 39 permit. The approved construction plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. The plan, at a minimum, shall include the following: · Names, addresses, telephone numbers and business license numbers of all contractors and subcontractors, as well as the developer and architect; · A telephone number for local residents to call to submit complaints associated with construction noise; the number shall be posted on the project site and shall be easily viewed from adjacent public areas; · A description of how demolition of any existing structures is to be accomplished; · Where any cranes are to be located for erection / construction; · How much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with the construction; · Anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; · Approval from the City, or Caltrans if necessary, must be obtained for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g. haul routes); · Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; · Limiting of queuing of trucks to on..site and prohibition of truck queuing on area roadways; · Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; · Timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Public Works, Department of Planning and Community Development, Los Angl31es County Superior Court, Los Angeles County Sheriffs Department, and transit agencies); · Coordination of construction work with affected agencies five to ten days prior to start of work; · A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; · The extent and nature of any pile-driving operations; · The length and nature of any tiebacks which must extend under the property of other persons; · The nature and extent of any dewatering and its effect on any adjacent buildings; · The nature and extent of any helicopter hauling; 40 · Whether any construction activity beyond normally permitted hours is proposed; · Any proposed construction noise mitigation measures; · Construction-period security measures including any fencing, lighting and security personnel; · A drainage plan; · A construction-period parking plan which shall minimize the use of public streets for parking; · A designated on-site construction manager; · A construction materials recycling plan which seeks to maximize the reuse / recycling of construction waste; · A plan regarding the use of recycled and low-environmental-impact materials in building construction; · A construction period water runoff control plan · A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs at the construction site); · Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; · Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; and · Provision of off-street parking to workers that currently use the existing site, Civic Auditorium parking lot, and construction employees, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. 32. Pursuant to Mitigation Measure CON-2(a), during construction, dust generated by the development activities shall be kept to a minimum with a goal of retaining dust through impleml3ntation of the following: . During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. Provisions shall be made prior to and during watering to prevent runoff from leaving the site. . During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of once daily; . During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. . Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 41 33. Pursuant to Mitigation Measure CON-2(b), during construction, any construction equipment used on the site must meet the following conditions in order to reduce NOx emissions: · The number of pieces of equipment operating simultaneously must be minimized through efficient management practices; · Construction equipment must be maintained in tune per manufactu rer's specifications; . Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines; . Catalytic converters shall be installed, if feasible; . Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible; and . Limiting the operation of heavy-duty construction equipment (e.g. 175-HP forklifts, wheeled tractors, tracked tractors) to no more than five pieces of equipment at anyone time. 34 Pursuant to Mitigation Measure CON-2(c), low-VOC architectural coatings shall be used in construction whenever feasible and shall coordinate with the SCAQMD to determine which coatings would reduce VOC emissions to the maximum degree feasible. Pursuant to Mitigation Measure CON-3(a), during construction, all dil3sel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. 36. Pursuant to Mitigation Measure CON-3(b), during construction, electrical power shall be used to run air compressors and similar power tools. Pursuant to Mitigation Measure CON-3(c), for all noise-generating construction activity on the project site, additional noise attenuation techniques shall be employed to rElduce noise levels to City of Santa Monica noise standards, such techniques shall include, but are not limited to, the use of sounds blankets on noise-generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. Pursuant to Mitigation Measure GEO-2, a geotechnical study shall be prepared for the project site, prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. If found to be necessary, suitable measures to reduce liquefaction impacts could include, but are not limited to: · specialized design of foundations by a structural engineer; 42 · removal or treatment of liquefied soils to reduce the potential for liquefaction; · drainage to lower the groundwater table to below the level of liquefiable soils; · in-site densification of soils; or · other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with Uniform Building Code and California Building Code requirements. 39. Pursuant to Mitigation Measure GEO-3(a), the geotechnical study shall include an evaluation of the potential for slope stability at the site. The information obtained shall be used to design the excavation and excavation shoring to prevent destabilization of the excavation sidewalls. Any recommendations contained in the geotechnical report shall be fully implemented. 40 Pursuant to Mitigation Measure GEO-3(b), the parking lot design shall consider a mechanism of removing groundwater, if it is shown to be present at this site. The groundwater removal design shall consider historical ranges in depth to groundwater. The removal system shall be designed to prevent the parking garage from flooding. 41 Pursuant to Mitigation Measure GEO..3(c), all walls of the parking structure shall be waterproofed to protect against corrosive effects of water contact. 42. Pursuant to Mitigation Measure GEO-4, Prior to issuance of a building permit for the foundation or superstructure, whichever occurs first, soil samples of final sub-grade areas and excavation sidewalls shall be collected and analyzed for their expansion index. For areas where the expansion index is found to be greater than 20, the appropriate grading and foundation designs shall be engineered to withstand the existing conditions. The expansion testing may be foregone if the grading and foundations are engineered to withstand the presence of highly expansive soils. 43. Pursuant to Mitigation Measure HHM-1 (a), all earth-moving contractors shall be directed to be aware of the possibility of contaminants during site grading. If contaminants are suspected, soil samples are to be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and concentrations of contaminants. The sample results are to be used to make a determination as to when3 to transport the material for off-site disposal, or to determine if the soils can be used onsite. 43 44. Pursuant to Mitigation Measure HHM-1 (b), if contaminants are detected, the results of the soil sampling within the Phase II ESA shall be forwarded to the local regulatory agency (City of Santa Monica Environmental Program Division, Los Angeles Regional Water Quality Control Board, and/or the State of California Environmental Protection Agency Department of Toxic Substances Control). The agency should review the data and either sign off on the property or determine if any additional investigation or remedial activities are deemed necessary. Pursuant to Mitigation Measure T-2, prior to issuance of a certificatl3 of occupancy, the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico Boulevard to provide a protected phase for the westbound left-turn movement. Implementation of this measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads. Miscellaneous Conditions 46. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 47. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities or other actions. 48. Street and alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test r,esults on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. Final building plans submitted for approval of a building permit shall include on the plans a list of all mechanical equipment to be place outdoors and all permanent mechanical equipment to be place indoors which may be heard outdoors. 51 Prior to issuance of a Final Inspection, the application shall post a notice at the building entry stating that the site is regulated by a Development Review Permit (DR02-003) and that the Statement of Official Action, which 44 includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. Special Conditions In order to ensure maximum pedestrian-orientation and accessibility and high quality in the appearance and maintenance of the project, landscaping is prohibited within or adjacent to the sidewalks of Fourth Street. 53. In order to screen the rooftop parking from view and comply with the Civic Center Specific Plan, the rooftop trellis structures shall be suppo,rted from the perimeter of the project. In order to maintain the overall parking capacity, efficiency and design intent of the project, the dimensions of each level of the project shall maintain a minimum width of 127 feet and a minimum length of 340 feet. Validity of permits In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issues until such violation has been fully remedied. 56. Within ten days of City Council 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 and Community Development Department, agreeing to the Conditions of Approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning and Community Development Department. Failure to comply with the condition shall constitute ground for potential permit revocation. 57. The approval of DR02-010 shall expire if the rights granted are not exercised within twenty-four months from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permits shall also expire if the building permit expires, if the final inspection is not completed or a CertificatE! of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One six-month extension may be permitted if approved 45 by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Monitoring of Conditions 58. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departml3nts such as the Building Division, the Environmental and Public Works Management Department, the Transportation Management Division, the Fire Department, the Police Department, the Community and Cultural Services Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions related to their approval. 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. Prepared by: Suzanne Frick, Director, PCD Andy Agle, Assistant Director, PCD Attachments: A. Planning Commission Statement of Official Action B. Minutes of the March 5, 2003 Planning Commission Meeting C. Appeal Statement D. !\Jot Used E. Design Alternatives; Variation in Street-Level Awning and Southern Gateway Element F. Design Alternative Options for Street-Level Landscaping G. Design Alternative: Relocation of Rooftop Trellis H. Design Alternative: Roof-Level Stepback I. !\Jot Used J. !\Jot Used K. Current Winter Morning Shadowing of Doubletree Hotel Patio L. Current Winter Afternoon Shadowing of Doubletree Hotel Patio M. Doubletree Hotel Swimming Pool Location 46 ATTACHMENT A PLANNING COMMISSION STATEI\~ENT OF OFFICIAL ACTION . ORIGINAL . e ""11 J City of Santa Monica City Planning Division City of Santa Moniea@ PLANNING COMMISSION STATEMENT OF OFFICIAL AC-TION PROJECT CASE NUMBER: Development Review Permit 02-010 LOCATION: 1685 Main Street APPLICANT: City of Santa Monica PROPERTY OWNER: City of Santa Monica CASE PLANNER: Andy Agle, Assistant Director REQUEST: The proposed project is a 244,930-square foot public parking structure of five levels above grade with rooftop parking and one and one-half levels of below-grade parking, accommodating a maximum of 880 parking spaces with street-level leasable tenant spaces. The project site consists of an approximately one-acre, rectangular-shaped parcel that is bound by Fourth Street on the east, Civic Center Drive on the south, Avenida Mazatlan alley on the west, and the future Olympic Drive on the north. The proposed height is 55'8" high, with the parapets projecting 42 inches, trellises projecting 11 feet, and elevator enclosures projecting 13 feet above the roof height. The applicant has received approval of a Development Review Permit because more than 30,000 square feet of floor area is proposed. CEQA STATUS: An Environmental Impact Report was certified on March 5, 2003. A Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan were also approved on March 5, 2003. 1 . . PLANNING COMMISSION ACTION Mar~~,~~!.,~OQ2c- Date March 5,. 2003 Approved based on the following findings and subject to the conditions below. Denied Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: March 20, 2003 EXPIRATION DATE OF ANY PERMITS GRANTED: March 20, 2004 Development Review Permit LENGTH OF ANY POSSIBLE EXTENSION QF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. 6 months Development Review Permit Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: DEVELOPMENT REVIEW 1. The physical location, size, massing, and placement of the proposed structure on the site and the location of the proposed uses within the project are compatible with and relate harmoniously to the surrounding sites and neighborhoods, in that the Civic Center Parking Structure will provide critical parking resources to support adjacent community-serving facilities, including City Hall, the Public Safety Facility, County Courthouse and Civic Auditorium, and will help provide for the eventual conversion of nearby surface parking to community-oriented uses. The five-level, 55'8", 244,930-square foot building will have frontage along Fourth Street and Olympic and Civic Center Drives and will be of a scale and massing comparable to the surrounding buildings in the neighborhood which range in size from three to eight stories in height and include a variety of styles and uses, including the eight-story Doubletree Hotel, four-story Public Safety Facility (under construction), 2 . . three-story City Hall, five-story RAND Headquarters (under construction), and eight-story Viceroy Hotel. The building will contain pedestrian entrances adjacent to the three streets and leasable tenant spaces with extensive glazing on the first and second levels adjacent to Fourth Street and Olympic Drive in order to enhance the structure's pedestrian orientation. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the design of the Civic Center Parking Structure provides pedestrian access from Olympic Drive, Fourth Street and Civic Center Drive. Bus access will continue to be providl3d from Fourth Street at Civic Center Drive. Direct vehicular access will be provided from Avenida Mazatlan alley in order to limit the potential for congestion and pedestrian interference on Olympic Drive, Fourth Street, and Civic Center Drive. 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 Civic Center Parking Structure is located within an urbanized area that is already served by existing infrastructure. No new safety services or public infrastructure will be required by this project, and the project will enhance the provision of public safety services by providing additional secured parking for the Public Safety Facility. 4. Anyon-site provision of housing or parks and public open space, which are part of the project mitigation measures required by Subchapter 9.04.70 and Section 9.04.10.12 of the Santa Monica Zoning Ordinance, is satisfactory to meet the goals of the mitigation program, in that no such requirement is applicable to the construction of the Civic Center Parkin!~ Structure. 5. The project is generally consistent with the Municipal Code, Civic Center Specific Plan and GI3neral Plan, in that the Civic Center Parking Structure is being constructed as specifically designated and called for in the Civic Center Specific Plan in order to allow for the consolidation of surface parking lots in the Civic Center area into structured parking in order to allow for more intensive, community-oriented use of that land. 6. Reasonable mitigation measures have been included for most adverse impacts identified in the Environmental Impact Report and a Statement of Overriding Considerations has been adopted in consideration of those significant impacts that cannot be mitigated to a level of insignificance. CONDITIONS Plans 1 The approval is for those plans dated February 19, 2003, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3 . . 3, Final parking layout and specifications shall be subject to review and approval of the Transportation Management Division. 4 Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. ArchitElctural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7 Construction period signage shall be subject to the approval of the Architectural Review Board. 8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to the review and approval by the Architectural Review Board. 9. The Architectural Review Board, in its review, shall pay particular attention to the project's trellis locations; variation in awnings; massing and shadow effects relative to Fourth Street; landscaping that "softens" the building relative to Fourth Street while not blocking the pedestrian-accessibility of the ground-floor uses; and the creation of a gateway element on the south facade of the project; as well as pay attention to pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures, and materials; window treatment; glazing; and landscaping. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. 11 Landscaping plans shall comply with Subchapter 5B (Landscape Standards) ofthe Zoning Ordinance including the use of water-conserving landscaping materials, landscaping maintenance and other standards contained in the Subchapter. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.04.10.02.130 through 9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The 4 . . Architectural Review Board, in its review, shall pay particular attention to the screening of such area and equipment. Any rooftop mechanical equipment shall be minimized in height and visual area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Demolition 13. Street trees shall be maintained, relocated, or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department. No street trees shall be removed without the approval of the Open Space management Division. 14. Immediately after demolition of the parking lot and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance (8'), shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. Mesh fabric shall be installed on the fence to reduce the amount of dust leaving the site. 15. Prior to the issuance of any demolition of construction permits, a demolitions materials recycling plan, which seeks to maximize the reuse / recycling potential of existing building materials, shall be filed for approval by the Department of Environmental and Public Works Management. Until such time as demolition is undertaken, and unless the parking lot is currently in use, the existing parking lot shall be maintained and secured by 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. 7. 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. 18, No demolition of buildings or structures 40 years or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. Construction Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 5 . . 20. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project, as determined by the Department of Environmental and Public Works Management, shall be constructed to the satisfaction of the Department of Environmental and Public Works Management prior to issuance of the building permits. 21 Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 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 numberofthe 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. 23. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6-gallon toilets and 1.0- gallon urinals and low-flow showerhead.) 26. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include: 1) list of materials such a 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. 27. To mitigate storm water and surface run-off from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: . Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; 6 . . Any sediments or materials which are tracked off site must be removed the same day they are tracked off site; · Excavated soil must be located on the site and soil poles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; · Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; Drainage controls may be required depending on the extent of grading and topography of the site; · New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces; diverting or catching runoff via swales, berms, and the like; orientation of drain gutters toward permeable areas; modification of grade; use of retention structures; and other methods. 28. Pursuant to Mitigation Measure AES-2(a), the applicant shall design exterior building lighting to ensure that no light projects on adjacent sites. Exterior lighting shall incorporate "cut-off' shields as appropriate to prevent an increase in lighting at adjacent and nearby uses. 29. Pursuant to Mitigation Measure AES-2(b), landscape illumination and exterior sign lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off-site viewers. 30. Pursuant to Mitigation Measure AES-2(c), finish materials, including glazing, shall be of a low reflectivity to minimize glare. Development shall include low-reflective roofing materials to reduce glare potential for nearby development that may have downward views of the project's roof. 31 Pursuant to Mitigation Measures CON-1 and CON-3(d), the applicant shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management and construction mitigation during construction. The plan shall be subject to review and approval by the Departments of Environmental and Public Works Management and Planning and Community Development prior to issuance of a building permit. The approved construction plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. The plan, at a minimum, shall include the following: Names, addresses, telephone numbers and business license numbers of all contractors and subcontractors, as well as the developer and architect; A telephone number for local residents to call to submit complaints associated with construction noise; the number shall be posted on the project site and shall be easily viewed from adjacent public areas; A description of how demolition of any existing structures is to be accomplished; Where any cranes are to be located for erection / construction; How much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with the construction; 7 . . Anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; Approval from the City, or Caltrans if necessary, must be obtained for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g. haul routes); Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. . Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM; Limiting of queuing of trucks to on-site and prohibition of truck queuing on area roadways; Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas; Timely notification of construction schedules to all affected agencies (e.g. Police Department, Fire Department, Department of Public Works, Department of Planning and Community Development, Los Angeles County Superior Court, Los Angeles County Sheriffs Department, and transit agencies); Coordination of construction work with affected agencies five to ten days prior to start of work; A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; · The extent and nature of any pile-driving operations; · The length and nature of any tiebacks which must extend under the property of other persons; The nature and extent of any dewatering and its effect on any adjacent buildings; · The nature and extent of any helicopter hauling; · Whether any construction activity beyond normally permitted hours is proposed; · Any proposed construction noise mitigation measures; · Construction-period security measures including any fencing, lighting and security personnel; · A drainage plan; A construction-period parking plan which shall minimize the use of public streets for parking; A designated on-site construction manager; A construction materials recycling plan which seeks to maximize the reuse / recycling of construction waste; A plan regarding the use of recycled and low-environmental-impact materials in building construction; A construction period water runoff control plan A public information program to advise motorists of impending construction activities (e.g. media coverage, portable message signs, and information signs at the construction site); Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; Storage of construction material and equipment within the designated work area 8 . . and limitation of equipment and material visibility to the public; and Provision of off-street parking to workers that currently use the existing site, Civic Auditorium parking lot, and construction employees, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. 32. Pursuant to Mitigation Measure CON-2(a), during construction, dust generated by the development activities shall be kept to a minimum with a goal of retaining dust through implementation of the following: · During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. Provisions shall be made prior to and during watering to prevent runoff from leaving the site. · During clearing, grading, earth moving, excavation or transportation of cut of fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of once daily; . During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. . Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 33. Pursuant to Mitigation Measure CON-2(b), during construction, any construction equipment used on the site must meet the following conditions in order to reduce NOx emissions: . The number of pieces of equipment operating simultaneously must be minimized through efficient management practices; . Construction equipment must be maintained in tune per manufacturer's specifications; . Equipment shall be equipped with 2 to 4-degree engine timing retard or precombustion chamber engines; . Catalytic converters shall be installed, if feasible; . Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment, if feasible; and . Limiting the operation of heavy-duty construction equipment (e.g. 175-HP forklifts, wheeled tractors, tracked tractors) to no more than five pieces of equipment at anyone time. 34 Pursuant to Mitigation Measure CON-2(c), low-VOC architectural coatings shall be used in construction whenever feasible and shall coordinate with the SCAQMD to determine which coatings would reduce VOC emissions to the maximum degree feasible. 35. Pursuant to Mitigation Measure CON-3(a), during construction, all diesel equipment shall be operated with closed engine doors and shall be equipped with factory- 9 . . recommended mufflers. 36. Pursuant to Mitigation Measure CON-3(b), during construction, electrical power shall be used to run air compressors and similar power tools. 37. Pursuant to Mitigation Measure CON-3(c), for all noise-generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards, such techniques shall include, but are not limited to, the use of sounds blankets on noise- generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors. 38. Pursuant to Mitigation Measure GEO-2, a geotechnical study shall be prepared for the project site, prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials. If the site is found to be prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. If found to be necessary, suitable measures to reduce liquefaction impacts could include, but are not limited to: · specialized design of foundations by a structural engineer; · removal or treatment of liquefied soils to reduce the potential for liquefaction; · drainage to lower the groundwater table to below the level of liquefiable soils; · in-site densification of soils; or · other alterations to the ground characteristics. Any recommended measures to minimize liquefaction potential specified by the geotechnical study shall be fully implemented in accordance with Uniform Building Code and California Building Code requirements. 39. Pursuant to Mitigation Measure GEO-3(a), the geotechnical study shall include an evaluation of the potential for slope stability at the site. The information obtained shall be used to design the excavation and excavation shoring to prevent destabilization of the excavation sidewalls. Any recommendations contained in the geotechnical report shall be fully implemented. 40. Pursuant to Mitigation Measure GEO-3(b), the parking lot design shall consider a mechanism of removing groundwater, if it is shown to be present at this site. The groundwater removal design shall consider historical ranges in depth to groundwater. The removal system shall be designed to prevent the parking garage from flooding. 41 Pursuant to Mitigation Measure GEO-3(c), all walls of the parking structurEl shall be waterproofed to protect against corrosive effects of water contact. 42. Pursuant to Mitigation Measure GEO-4, Prior to issuance of a building permit for the foundation or superstructure, whichever occurs first, soil samples of final sub-grade areas and excavation sidewalls shall be collected and analyzed for their expansion index. For areas where the expansion index is found to be greater than 20, the appropriate grading and foundation designs shall be engineered to withstand the 19xisting conditions. The expansion testing may be foregone if the grading and 10 . . foundations are engineered to withstand the presence of highly expansive soils. Pursuant to Mitigation Measure HHM-1 (a), all earth-moving contractors shall be directed to be aware of the possibility of contaminants during site grading. If contaminants are suspected, soil samples are to be obtained and analyzed to determine whether there are contaminants, and if present, to determine the type and concentrations of contaminants. The sample results are to be used to make a determination as to where to transport the material for off-site disposal, or to determine if the soils can be used onsite. Pursuantto Mitigation Measure HHM-1 (b), if contaminants are detected, the results of the soil sampling within the Phase II ESA shall be forwarded to the local regulatory agency (City of Santa Monica Envi"ronmental Program Division, Los Angeles Regional Water Quality Control Board, and/or the State of California Environmental Protection Agency Department of Toxic Substances Control). The agency should review the data and either sign off on the property or determine if any additional investigation or remedial activities are deemed necessary. Pursuant to Mitigation Measure T-2, prior to issuance of a certificate of occupancy, the City shall modify the intersection striping at Ocean Avenue/Neilson Way & Pico Boulevard to provide a protected phase for the westbound left-turn movement. Implementation of this measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads. Miscellaneous Conditions 46. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 47. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities or other actions. 48. Street and alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. 49. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 50 Final building plans submitted for approval of a building permit shall include on the plans a list of all mechanical equipment to be place outdoors and all pElrmanent mechanical equipment to be place indoors which may be heard outdoors. 11 . . Prior to issuance of a Final Inspection, the application shall post a notice at the building entry stating that the site is regulated by a Development Heview Permit (DR02-003) and that the Statement of Official Action, which includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. Validity of permits 52. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issues until such violation has been fully remedied. 53. Within ten days of Planning Commission transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of Approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with the condition shall constitute ground for potential permit revocation. 54. The approval of DR02-003 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 appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of these permits shall expire if the rights granted are not exercised within one year from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permits shall also expire if the building permit expires, if the final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060, or if the rights granted are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if not Certificate of Occupancy is required, the last required final inspection of the new construction. One six-month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Monitoring of Conditions Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works 12 ATTACHMENT B MINUTES OF THE MARCH 5, 2003 PLANNING COMMISSION MEETING