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