SR-410-007 (2)PCD:SF:JT:AS:PF:f:\plan\share\council\strpt\nmainfindings Santa Monica, California
Council Mtg: February 26, 2002
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Adopt a Resolution Making Findings Necessary to
Approve the North Main Street Mixed-Use Development Project, Adopting a
Statement of Overriding Considerations and Mitigation Monitoring Program;
Introduction and First Reading of an Ordinance to amend SMMC Section
9.04.08.28.070; and Approval of Findings and Conditions for Development
Review Permits 99-013 and 00-002; Conditional Use Permits 01-016 and 01-
017; and Vesting Tentative Parcel Map 25566 Related to Mixed-Use Projects
at 2012-2024 Main Street and 2021-2029 Main Street. Applicant: Calstar
Equities, Inc.
INTRODUCTION
This report forwards to the City Council a Resolution adopting a Statement of Overriding
Considerations and Mitigation Monitoring Program and findings and conditions of approval
for the following permits:
Development Review Permit 99-013 and Conditional Use Permit 01-016 for the mixed-
use project at 2012-2024 Main Street; and
2. Development Review Permit 00-002 and Conditional Use Permit 01-017 for the mixed-
use project at 2021-2029 Main Street; and
3. Vesting Tentative Parcel Map 25566 for both mixed-use projects.
The Resolution is contained in Attachment B. In addition, this report recommends that the
Council introduce for first reading an ordinance amending SMMC Section 9.04.08.28.070
to permit ground floor commercial uses along the Main Street frontage of the project
located at 2012-2024 Main Street. The ordinance is contained in Attachment C.
BACKGROUND
On February 12, 2002, the City Council certified the Final Environmental Impact Report
prepared for the above referenced projects, and unanimously indicated by vote, their intent
to adopt a Statement of Overriding Considerations and Mitigation Monitoring Program and
to approve the above referenced amended development permit applications. The Council
instructed staff to prepare the appropriate documentation necessary to approve the
modified project.
DISCUSSION
The Council indicated its intent to approve the proposed projects with the modifications
proposed by the applicant at the public hearing. The following describes the modified
projects:
East Project:
The proposed project is a mixed-use building with 34,679 square feet of floor area
including 28,056 square feet of residential use and 6,533 square feet of retail use at the
ground floor. The ground floor contains pedestrian oriented retail uses to a depth of 50'
from the Main Street property line. The remainder of the ground floor square footage is
devoted to multi-family residential uses to within 50'of the front property line.
The three-story, 27 foot building contains a total of 26 residential units (6 one-bedroom
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and 20 two-bedroom units) and provided a two-level subterranean parking garage with 87
parking spaces accessed from Bicknell Avenue.
The ground floor contains a total of 4,730 square feet of retail space along Main Street and
at the corner of Bicknell Avenue plus a 2,163 square foot below grade commercial space
and 90 square feet of commercial storage at the upper subterranean garage level which is
accessed from a stairway at the corner of Main and Bicknell. There are also 8 residential
units (5 -1 bedroom units; 3- 2 bedroom units) located behind the retail space, which are
oriented around a center courtyard. All units have private patio spaces ranging in size from
approximately 96 square feet to 126 square feet.
The second and third floors contain 18 units with second and third floor areas. Of these, 16
units have private open spaces in balconies on the second floor which range in size from
14 square feet to 176 square feet; all of the units also have access to private outdoor
spaces on the roof level which range from 175 square feet to more than 440 square feet in
size.
The building contains common and private stairwell enclosures that extend 8.5' above the
27' height of the building and an elevator shaft that extends 12.5' above this height.
West Project:
The 135,045 square foot West Project includes 112,604 square feet of multi-family
residential use, 11,549 square feet of ground floor retail space and 10,892 square feet of
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below grade space for use by residents including a TV room, recreation room, gym,
community rooms and storage. The ground floor contains pedestrian oriented retail uses
to a depth of 50' from the Main Street property line in compliance with the Main Street
Special Commercial District regulations. Although testimony at the February 12t" hearing
indicated a desire for restaurant uses on the ground floor, an amendment to the
development review permit and supplemental environmental analysis would be required.
The proposed four-story, 35 foot building has a total of 107 residential units (6 single units,
5 one-bedroom units, 41 one-bedroom plus study units, 51 two-bedroom units, 3 two-
bedroom plus study units and 1 three-bedroom unit) and a three-level subterranean
parking garage with 290 parking spaces accessed from Bicknell Avenue.
The ground floor contains a total of 11,549 square feet of retail space along Main Street
and at the corners of Bicknell Avenue and Bay Street. There are 43 residential units (41
one-bedroom plus study units, 1 two-bedroom plus study unit and a 3-bedroom unit)
located behind the retail space. Twenty-four of the units are oriented around an interior
center courtyard; 5 of the units are located along the Bay Street frontage and 14 are
oriented along Neilson Way. All units have private patio spaces at the ground level. The
ground floor also has a lobby area serving the residential uses and a management office.
The second floor contains the second level of the first floor units plus 2 single units.
The third floor contains 62 units: 3 single units, 1 single plus study unit, 5 one-bedroom
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units, 51 two-bedroom units and 2 two-bedroom plus study units. These units have private
open spaces through a combination of balconies, terraces and roof decks roof decks which
range in size from 50 square feet to in excess of 700 square feet. The roof level also
contains a common swimming pool and hot tub.
On the upper subterranean garage level, the project provides amenities for tenants of the
building including a 1,400 square foot TV room, a 1,125 square foot gym, two 625 square
foot community rooms, a 1,600 square foot recreation room, and a storage room totaling
2,773 square feet. These subterranean areas are accessed by either an elevator and
stairway located adjacent to the Main Street sidewalk, 2 elevators located within a
residential lobby area along Bicknell Avenue, or by a stairway and elevator located nearest
the Bay Street side of the property. The middle garage level contains an additional 1,372
TV room and the lower garage level contains an additional 1,372 square foot storage area.
The building has 3 elevators accessing the roof level as well as common and private
stairwell enclosures. The elevator shafts extend 12.5' and the stairwell enclosures extend
8.5' above the 35' height of the building.
At the Council hearing on February 12, 2002, the applicant offered a number of project
amendments and the projects have been amended to include:
• Neither project will be operated as corporate housing and a deed restriction will be
recorded to incorporate this provision;
• In addition to paying the Affordable Housing Production Fee, the applicant will
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provide in the West Project, 1 deed restricted one-bedroom unit, a minimum of 600
square feet in size, that is restricted to rents affordable to very-low income
households;
• In addition to paying the Affordable Housing Production Fee, the applicant will
provide in the East Project, 1 deed restricted two-bedroom unit, a minimum of 850
square feet in size, that is restricted to rents affordable to very-low income
households;
• Both projects will contain a photovoltaic system to generate solar electricity that
will partially off-set the projects' electrical demand;
• Both projects will feature roof-top gardening to allow residents to plant and grow
vegetables, herbs and ornamental landscaping;
• Both projects will feature architecture that utilizes window shading as a means to
reduce the need for air conditioning;
• Both projects will use photo cells or timers on outdoor lighting to reduce
unnecessary energy consumption;
• Both projects will include a provision in their standard leases and rental
agreements that prohibits residents from obtaining preferential parking permits for
themselves or their visitors;
• Both projects will make available to area residents and employees on a monthly
basis at fair market rates any parking spaces in excess of that required by the City
or the California Coastal Commission, whichever requirement is greater;
• Neither project can be converted to condominiums for the life of the project and
deed restrictions for each project will be recorded to implement this provision;
• The Community Room of the West Project will be made available to Ocean Park
neighborhood organizations and other Ocean Park non-profit groups a minimum of
4 times per month, subject to a reservation system implemented by the applicant to
ensure fair access to the space; and
• The applicant will make available for re-location, a mature palm tree
approximately 3' in diameter and 35' tall located on the West Project site. The City
will have first option to re-locate the tree with the tree offered to the public in the
event the City has no need for it.
These amendments to the projects are outlined in a letter to staff dated February 20, 2002
(Attachment D).
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ANALYSIS
The East and West Projects have been reviewed by staff for compliance with the Zoning
Ordinance. Both projects are in compliance with Code as indicated in the compliance
review shown in Attachment A.
RECOMMENDATION
It is recommended that the Council take the following actions in order to approve the
projects:
1. Adopt the Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Program as contained in Attachment B;
2. Introduce for first reading the ordinance amending SMMC Section 9.04.08.28.070
as contained in Attachment C.
3. Adopt the findings and conditions of approval for Development Review Permit
application 99-013;
4. Adopt the findings and conditions of approval for Development Review Permit
application 00-002;
5. Adopt the findings and conditions of approval for Conditional Use Permit application
01-016;
6. Adopt the findings and conditions of approval for Conditional Use Permit
applications 01-017; and
7. Adopt the findings and conditions of approval for Vesting Tentative Parcel Map No.
25566.
Development Review Permit Findinqs - DR99-013 (West Project)
1. The physical location, massing and placement of proposed structures on the site
and the location of proposed uses within the project are compatible with and relate
harmoniously to surrounding sites and neighborhoods. The proposed project, a
four story, 135,045 square foot mixed-use development with 290 parking spaces
within 3 levels of subterranean parking is consistent with the pattern of development
in the area. The project provides differing architectural style components in 60'
segments, greater setbacks and articulation and varying roof heights along the
Main Street farade which minimizes the perception that the building is a single
structure and provides a better visual transition from the subject building to the
surrounding properties. The project design includes greater upper level stepbacks
than required by Code, increased street level landscaping and gabled roof
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elements to help the visual transition along Bay Street. The farade at the corner of
Bicknell and Main Street is designed to reduce the visual `height' impact of the
building corner through an emphasis on "horizontality" in the design. The project
also includes the addition of a 3' wide sidewalk on the project site in addition to the
existing 5' wide public sidewalk along Neilson Way to improve the pedestrian
access and pedestrian environment on Neilson Way and further integrate the
building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
2. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that vehicular access to the site will be provided from
Bicknell Avenue, a 56' wide, 2-lane street. Vehicular access from outside the area
is primarily available from Main Street, a 60' wide, 2-lane street and Neilson Way,
a 48' wide, 4-lane street. Pedestrian access will be provided by an 8' wide sidewalk
along Neilson Way, a 10' wide sidewalk along Main Street, a 12' wide sidewalk
along Bicknell Avenue and a 10' wide sidewalk along Bay Street. On-site parking
spaces will be provided in excess of that required by Code.
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 Final
Environmental Impact report prepared for the project did not identify any adverse
project impacts in these areas.
4. Any on-site provision of housing or parks and public open space, which are part of
the required project mitigation measures required in Part 9.04.10.12, satisfactorily
meets the goals of the mitigation program in that the proposed project is not subject
to this Part since the project does not provide general office or medical office uses
in excess of 15,000 square feet.
5. The proposed project is generally consistent with the Municipal Code and General
Plan in that the intent of mixed-use development, as stated in Land Use Element
Policy # 1.2.1 is to provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The proposed project is consistent with
these Land Use Element objectives and policies.
The proposed project provides a sensitive transition to adjacent buildings and uses.
Although the proposed building occupies an entire City block, the project has been
designed with increased setbacks and stepbacks, articulation and changes in
plane, varying architectural styles and materials along its street fronts, increased
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landscaping and varying roof heights to create a better fit with the adjacent
residential neighborhood. The project is designed with ground floor retail and upper
level multi-family residential uses which have separate and secure entrances and
exits, as well as separate common areas, refuse and recycling rooms, and
subterranean parking areas.
6. Reasonable mitigation measures have been included for most adverse impacts
identified in the Final Environmental Impact Report and has adopted a Statement of
Overriding Considerations for those significant and unavoidable impacts that cannot
be mitigated.
Development Review Permit Findinqs - DR00-002 (East Project)
1. The physical location, massing and placement of proposed structure on the site and
the location of proposed uses within the project are compatible with and relate
harmoniously to surrounding sites and neighborhoods. The proposed project, with
its 10' setback along the rear 60' of the building, is consistent with the pattern of
development in the area where the residences to the east of the project site consist
of buildings that are set back between 10' and 15' from the property line. In
addition, the 120' front elevation of the proposed project along Main Street provides
architectural elements that replicate a 60' development pattern which is most
characteristic of the Main Street area. The ground floor retail uses within the
building are located along Main Street, whereas the ground floor residential uses
are located within the rear 60' of the building which is adjacent to the nearby
residential district.
2. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that vehicular access to the site will be provided from
Bicknell Avenue, a 56' wide, 2-lane street. Vehicular access from outside the area
is primarily available from Main Street, a 60' wide, 2-lane street and Neilson Way, a
48' wide, 4-lane street. Pedestrian access will be provided by a 10' wide sidewalk
along Main Street and a 12' wide sidewalk along Bicknell Avenue. On-site parking
spaces will be provided in excess of that required by Code.
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 Final
Environmental Impact report prepared for the project did not identify any adverse
project impacts in these areas.
4. Any on-site provision of housing or parks and public open space, which are part of
the required project mitigation measures required in Part 9.04.10.12, satisfactorily
meets the goals of the mitigation program in that the proposed project is not subject
to this Part as the project does not provide general office or medical office uses in
excess of 15,000 square feet.
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5. The proposed project is generally consistent with the Municipal Code and General
Plan in that the intent of mixed-use development, as stated in Land Use Element
Policy # 1.2.1 is to provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The proposed project is consistent with
these Land Use Element objectives and policies.
The proposed project, with its 10' setback along the rear 60' of the building, is
consistent with the pattern of development in the area where the residences to the
east of the project site consist of buildings that are set back between 10' and 15'
from the property line. In addition, the 120' front elevation of the proposed project
along Main Street provides architectural style elements that replicate a 60'
development pattern which is most characteristic of the Main Street area. The
proposed building provides a transition between its commercial uses and the
abutting residential area in that the ground floor retail uses within the building are
located along Main Street whereas the ground floor residential uses are located
within the rear 60' of the building adjacent to the nearby residential district. The
project is designed with ground floor retail and upper level multi-family residential
uses which have separate and secure entrances and exits, as well as separate
common areas, refuse and recycling rooms and subterranean parking areas.
6. Reasonable mitigation measures have been included for most adverse impacts
identified in the Final Environmental Impact Report and has adopted a Statement of
Overriding Considerations for those significant and unavoidable impacts that cannot
be mitigated.
Conditional Use Permit Findinqs CUP01-016 (West Project)
1. The proposed use is one conditionally permitted within the CM Main Street
Commercial District and complies with all of the applicable provisions of the Zoning
Ordinance in that the multi-family residences, a permitted use in the CM district,
require a Conditional Use Permit as they occupy greater than 7,500 square feet of
floor area within the proposed project. In addition, a Zoning Ordinance Text
Amendment is being approved concurrently with this application to bring the
proposed project into compliance with the Zoning Ordinance and allow the ground
floor multi-family residences along the Bicknell Avenue frontage.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the proposed project provides
differing architectural style components in 60' segments, setbacks and articulation
and varying roof heights along the Main Street farade. These design elements
reduce the perception of the building as a single entity and provide a better visual
transition from the subject building to the surrounding properties. The project design
11
includes greater upper level stepbacks than required by Code, increased street
level landscaping and gabled roof elements to help the visual transition along Bay
Street. Along Bicknell Avenue, the farade at the corner of Bicknell and Main Street
is designed to reduce the visual `height' impact of the building corner. The project
also includes the addition of a 3' wide sidewalk on the project site in addition to the
existing 5' wide public sidewalk along Neilson Way to improve the pedestrian
access along the east side of the 2000 block of Neilson Way and improve the
integration of the building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
3. The subject parcel is physically suitable for the type of land use being proposed in
that the subject site is a previously developed parcel of level grade.
4. The proposed use is compatible with any of the land uses presently on the subject
parcel if the present land uses are to remain as no present land uses will be
retained on-site.
5. The proposed use would be compatible with existing and permissible land uses
within the CM Main Street Commercial District and the general area in which the
proposed use is to be located in that the proposed project is a mixed-use
development with ground floor retail uses and upper level multi-family residences
which are compatible with the retail and service uses along Main Street and the
multi-family residential developments in the adjacent neighborhoods.
6. There are adequate provisions for water, sanitation and public utilities and services
to ensure that the proposed use would not be detrimental to public health and
safety in that the Final Environmental Impact Report prepared for the project did not
identify any adverse unavoidable project impacts in these areas.
7. The City Council finds that public access to the proposed uses will be adequate in
that vehicular access to the site will be provided from Bicknell Avenue, a 56' wide,
2-lane street. Vehicular access from outside the area is primarily available from
Main Street, a 60' wide, 2-lane street and Neilson Way, a 48' wide, 4-lane street.
Pedestrian access will be provided by a 10' wide sidewalk along Main Street, an 8'
wide sidewalk along Neilson Way, a 10' wide sidewalk along Bay Street and a 12'
wide sidewalk along Bicknell Avenue.
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8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed project
is a four story, 135,045 square foot mixed-use project with 107 multi-family
residential units located in a commercial district which is adjacent to a multi-family
residential neighborhood. The project provides differing architectural style
components in 60' segments, greater setbacks and articulation and varying in roof
heights along the Main Street farade which minimizes the perception that the
building is a single structure and provides a better visual transition from the subject
building to the surrounding properties. The project design includes greater upper
level stepbacks than required by Code, increased street level landscaping and
gabled roof elements to help the visual transition along Bay Street. Along Bicknell
13
Avenue, the farade at the corner of Bicknell and Main Street is designed to reduce
the visual `height' impact of the building corner. The project also includes the
addition of a 3' wide sidewalk on the project site adjacent to the existing 5' wide
public sidewalk along Neilson Way to improve the pedestrian access and
pedestrian environment along the east side of the 2000 block of Neilson Way and
further integrate the building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
9. The City Council finds that the propose use, a mixed-use project, is consistent with
the goals, objectives and policies of the General Plan in that Land Use Element
Policy 1.2.1 states that the City should: "Encourage residential mixed-use of
appropriate commercially zoned parcels, in order to provide a better transition
between commercial and adjacent residential uses, to enhance security and
increase hours of use in metropolitan areas". The proposed project is a mixed-use
project with multi-family residential uses on the upper floors that is proposed for a
commercial parcel which has multi-family residential uses on 3 sides.
10. The proposed use would not be detrimental to the public interest, health, safety
convenience or general welfare in that the proposed use will provide market rate
apartment housing that is in great demand and will contribute more than $400,000
to the City's Affordable Housing Production Program whose purpose is to provide
funding for the development of affordable housing throughout the City.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12, Section 9.04.12.010 and special conditions
outlined in Subchapter 9.04.14, Section 9.04.14.010 in that the proposed project is
not subject to these performance standards.
12. The proposed use will not result in an over concentration of such uses in the
immediate area in that are no other similar developments in the immediate area and
mixed-use developments with residential components are encouraged in all
commercial districts in the City.
Conditional Use Permit Findinqs CUP01-017 (East Project)
1. The proposed use is one conditionally permitted within the CM Main Street
Commercial District and complies with all of the applicable provisions of the Zoning
Ordinance in that the multi-family residences, a permitted use in the CM district,
require a Conditional Use Permit as they occupy greater than 7,500 square feet of
floor area within the proposed project.
2. The proposed use would not impair the integrity and character of the district in
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which it is to be established or located, in that the proposed mixed-use project, a
three story, 34,590 square foot development with 87 parking spaces within 2 levels
of subterranean parking, is 81 % residential and is consistent with the pattern of
development in the adjacent commercial and residential areas. The proposed
project, with its 10' setback along the rear 60' of the building, is consistent with the
pattern of development in the area where the residences to the east of the project
site consist of buildings that are set back between 10' and 15' from the property
line. In addition, the 120' front elevation of the proposed project along Main Street
provides architectural elements that replicate a 60' development pattern which is
most characteristic of the Main Street area. The proposed building provides a
transition between its commercial uses and the abutting residential area in that the
ground floor commercial uses within the building are located along Main Street
whereas the ground floor residential uses are located within the rear 60' of the
building which is adjacent to the nearby residential district.
3. The subject parcel is physically suitable for the type of land use being proposed in
that the subject site is a previously developed parcel of level grade.
4. The proposed use is compatible with any of the land uses presently on the subject
parcel if the present land uses are to remain as no present land uses will be
retained on-site.
5. The proposed use would be compatible with existing and permissible land uses
within the CM Main Street Commercial District and the general area in which the
proposed use is to be located in that the proposed project is a mixed-use
development with ground floor retail uses and upper level multi-family residences
which are compatible with the retail and service uses along Main Street and the
multi-family residential developments in the adjacent neighborhoods.
6. There are adequate provisions for water, sanitation and public utilities and services
to ensure that the proposed use would not be detrimental to public health and
safety in that the Final Environmental Impact report prepared for the project did not
identify any adverse unavoidable project impacts in these areas.
7. The public access to the proposed uses will be adequate in that vehicular access to
the site will be provided from Bicknell Avenue, a 56' wide, 2-lane street. Vehicular
access from outside the area is primarily available from Main Street, a 60' wide, 2-
lane street and Neilson Way, a 48' wide, 4-lane street. Pedestrian access will be
provided by a 10' wide sidewalk along Main Street and a 12' wide sidewalk along
Bicknell Avenue.
8. The City Council finds that the physical location or placement of the use on the site
is compatible with and relates harmoniously to the surrounding neighborhood, in
that the proposed mixed-use project, a three story, 34,590 square foot development
with 87 parking spaces within 2 levels of subterranean parking, is 81 % residential
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and is consistent with the pattern of development in the adjacent commercial and
residential areas. The proposed project, with its 10' setback along the rear 60' of
the building, is consistent with the pattern of development in the area where the
residences to the east of the project site consist of buildings that are set back
between 10' and 15' from the property line. In addition, the 120' front elevation of
the proposed project along Main Street provides architectural elements that
replicate a 60' development pattern which is most characteristic of the Main Street
area. The proposed building provides a transition between its commercial uses and
the abutting residential area in that the ground floor commercial uses within the
building are located along Main Street whereas the ground floor residential uses
are located within the rear 60' of the building which is adjacent to the nearby
residential district.
9. The proposed use, a mixed-use project, is consistent with the goals, objectives and
policies of the General Plan in that Land Use Element Policy 1.2.1 states that the
City should: "Encourage residential mixed-use of appropriate commercially zoned
parcels, in order to provide a better transition between commercial and adjacent
residential uses, to enhance security and increase hours of use in metropolitan
areas". The proposed project is a mixed-use project with multi-family residential
uses on the upper floors that is proposed for a commercial parcel which has multi-
family residential uses on 3 sides.
10. The proposed use would not be detrimental to the public interest, health, safety
convenience or general welfare in that the proposed use will provide market rate
apartment housing that is in great demand and will contribute more than $100,000
to the City's Affordable Housing Production Program whose purpose is to provide
funding for the development of affordable housing throughout the City.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12, Section 9.04.12.010 and special conditions
outlined in Subchapter 9.04.14, Section 9.04.14.010 in that the proposed project is
not subject to these performance standards.
12. The proposed use will not result in an over concentration of such uses in the
immediate area in that are no other similar developments in the immediate area and
mixed-use developments with residential components are encouraged in all
commercial districts in the City.
TENTATIVE PARCEL 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 Land Use Element Policy 1.2.1 states that
development should provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
16
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The improvements associated with the
proposed subdivision are consistent with these policies.
The proposed East Project, with its 10' setback along the rear 60' of the building, is
consistent with the pattern of development in the area where the residences to the
east of the project site consist of buildings that are set back between 10' and 15'
from the property line. In addition, the 120' front elevation of the proposed project
along Main Street provides architectural style elements that replicate a 60'
development pattern which is most characteristic of the Main Street area. The
proposed building provides a transition between its commercial uses and the
abutting residential area in that the ground floor commercial uses within the building
are located along Main Street whereas the ground floor residential uses are located
within the rear 60' of the building which is adjacent to the nearby residential district.
The project is designed with ground floor retail and upper level multi-family
residential uses which have separate and secure entrances and exits, as well as
separate common areas, refuse and recycling rooms and subterranean parking
areas.
The proposed West Project provides a sensitive transition to adjacent buildings and
uses. Although the proposed building occupies an entire City block, the proposed
building has been designed with increased setbacks and stepbacks, significant
articulation and changes in plane, varying architectural styles and materials along
its street fronts, increased landscaping and varying roof heights to create a betterfit
with the adjacent residential neighborhood. The project is designed with ground
floor retail and upper level residential uses which have separate and secure
entrances and exits, separate common areas and refuse and recycling rooms and
separate subterranean parking areas.
2. The sites are physically suitable for the proposed type of development, in that they
are standard lots with no unusual characteristics.
3. The sites are physically suitable for the proposed density of development, in that
the 18,000 square foot lot for the East Project and the 49,880 square foot lot for the
West Project in the Main Street Commercial District can accommodate more units
than proposed for either site.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed development is an infill of urban land
and does not currently support fish or significant wildlife.
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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
sites and the properties have vehicular access from Bicknell Avenue and pedestrian
access from Main Street, Bicknell Avenue, Bay Street and Neilson Way.
Conditions of Approval - DR 99-013 and CUP01-016 (West Project)
Plans
1. This approval is for those plans dated 2/12/02, 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 Management Division.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. A significant change from the approved
concept, including any change of use from the approved plans, shall require an
amendment to Development Review Permit 99-013 and 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.
Architectural Review Board
5. Any plans for final design of landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
6. 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.
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7. 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.
8. The Architectural Review Board, in its review of the project's building design,
materials, colors and landscaping, shall pay particular attention to the project's
compatibility with the surrounding mix of commercial and multi family structures;
orientation and amenities; scale and articulation of design elements; exterior colors,
textures and materials; window treatment; glazing; exterior lighting and landscaping.
9. Construction period signage shall be subject to the approval of the Architectural
Review Board.
10. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in that Part.
11. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. 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 (unless located within a
mechanical room).
12. No gas or electric meters shall be located within the required frontyard setback
areas. The Architectural Review Board in its review shall pay particular attention to
the location and screening of such meters.
Construction
13. 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.
14. 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.
15. Sidewalks, curbs, gutters, street or alley paving and driveways which are
substandard or need replacing or removal as a result of the project as determined
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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 building
permits.
16. 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.
17. 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.
18. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
19. 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.
20. 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.
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21. During the course of construction, the applicant will maintain communication with
the City to coordinate project construction with the City's public works projects to
the maximum extent possible without delaying the progress of the City's or
applicant's construction.
Fees
22. 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
23. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
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 Services Department. No street trees shall be removed without the
approval of the Open Space Management Division. All trees in the public sidewalk
shall be mature trees when planted.
25. Immediately after demolition (and during construction), a securityfence, 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.
26. 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.
27. No demolition of buildings or structures 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.
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28. Prior to issuance of any demolition permits, a demolition materials recycling plan
shall be filed for approval by the Department of Environmental and Public Works
Management which seeks to maximize the reuse/recycling of existing building
materials.
Environmental Mitigation
29. Pursuant to EIR Mitigation Measure 3.1-1, to avoid building structures on soils that
are expansive within the first 12 inches, a 4-inch gravel cushion (below the slab)
shall be included in the building design. If, during construction, it can be verified
that at least 12 inches of non-expansive soils exist below the lowest garage slab,
the 4-inch gravel cushion may be omitted. In all cases the on-grade floor slab shall
be reinforced by a minimum of No. 4 bars, at 16" on center in two directions.
30. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-2, in order to provide
stable soils, measures, such as sloping all excavation banks at a gradient no
steeper than 1:1, in addition to standard soil stability control practices, shall be
implemented. Where there is insufficient space for sloped embankments, nor
practical to perform vertical and/or slot cutting, an embankment supporting system
shall be used. The most commonly used method is to install shoring (i.e., soldier)
piles along the embankment. If soldier piles are used, one of three systems shall
be used: (1) cantilever piles; (2) piles braced with tiebacks on the outside of
excavation; or (3) piles braced with rakers from the inside.
31. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-3, all fill shall be non-
expansive and free of organic and other deleterious substances. Fill soils shall be
placed in thin lifts and compacted to minimum 90% relative density based on the
ASTM D1557 standard. Pea gravel and well-graded sand/gravel mixture with 3/-
inch maximum size shall be used in lieu of soils to backfill the garage walls in areas
where the spacing between the walls and excavation banks is too narrow to perform
compaction therein. No density tests shall be required if the sand/gravel is vibrated
during placement under the observation of the project's soils engineer. All granular
material backfill shall be capped with 2.0 feet of relatively impervious compacted
soils to minimize surface water infiltration into the garage. In areas where the
garage walls are neither braced nor designed as free standing walls, the backfilling
of these walls shall not start until after the flat slab, which will serve as horizontal
diaphragm of the garage walls, has been poured and gained sufficient strength.
If the edge of backfilling is within 2.0 feet of public ways, only concrete slurry and
cohesive soils shall be used as backfilling. Sand and gravel shall not be used
within 2.0 feet of the public ways to avoid the introduction of cohesive soils into
future public works excavation.
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32. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-4, in order to provide a
safe geologic environment, suitable for construction and operation of the proposed
structures, all cesspool and septic tanks, if encountered, shall be cleared and
backfilled with lean concrete mix (1.5 sacks/cubic yard).
33. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-5, in order to properly
support the column and wall loads of the proposed structures, they shall be
supported on conventional spread and continuous footings embedded at least 24
inches into the natural soils. The following values shall be used for foundation
design:
Foundation Desiqn Wall Footinqs Column Footinqs
Vertical Bearing, psf (net) 4,500 5,000
Lateral Bearing, psf/ft. 300 300
Coefficient of friction 0.35 0.35
34. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-6, in order to provide a
total settlement of not more than 3/ inch and a differential settlement of not more
than '/4 inch, the foundation shall be supported as recommended in the final
geologic report (approved by the City) and loaded to the recommended maximum
pressure.
35. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-7, to minimize soil
erosion and/or slope instability during site preparation activities, temporary
drainage devices shall be installed at the top of excavation banks to divert water
away from the banks. Additionally, the project shall be compliant with Chapter 29 of
the CBC and Cal-OSHA regulations pertaining to excavation, trenching, and
shoring, and implementation of standard erosion control practices.
36. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-8, to avoid
contamination of groundwater during construction or operation of the project, a back
drain system, consisting of 4-inch perforated drainpipes or an equivalent system,
shall be placed above the footing level on the outside of subterranean walls. The
drainpipes shall be connected to sump pits that discharge into the City's storm drain
system. In area where there is insufficient space to install drainpipes behind the
garage walls, the drainage shall be provided by weep holes just above the footing
level.
37. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-9, design and
construction of the buildings shall be engineered to accepted industry standards to
withstand the expected ground acceleration that may occur at this site. The design
shall take into consideration the soil type, potential for liquefaction, and the most
current and applicable seismic attenuation methods that are available. All on-site
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structures shall comply with applicable provisions of the Uniform Building Code and
the California Building Code.
38. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-1, the Applicant shall
design exterior building lighting that sheds light pools only on the project sites,
incorporating "cut-off" shields as appropriate to prevent an increase in lighting at
adjacent and nearby residential uses.
39 Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-2, 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.
40. Pursuant to EIR Mitigation Measure Mitigation Measure 3.7-1, the Applicant shall
designate in the parking plan that no more than 40% of the required residential
visitor spaces are assigned as compact spaces.
41. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-1, the Applicant shall
include mixed office paper, cardboard, scrap metal, newspaper, glass and plastic
bottles, and metal cans (aluminum and steel) generated from project operations in a
general facility recycling program, to be approved by the City.
42. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-2, the Applicant shall
maximize the use of products made from recycled materials. This may include
office, food service, and janitorial supplies, carpeting, paint, re-refined lubrication
oil, tire stops in parking lots and plastic lumber park benches.
43. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-3, public education
materials on waste prevention, recycling, used-oil recycling, re-refined oil,
hazardous waste reduction and management, composting and buying recycled
content products shall be displayed in the appropriate areas within the proposed
project.
44. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-4, the Applicant shall
provide the City with a recycling plan that identifies all programs to be utilized to
reduce solid waste generation and disposal by a minimum of 50%. The Applicant
shall provide this plan prior to final occupancy. The plan shall include, at a
minimum, upon concurrence of the City's Solid Waste Management Division, the
following items:
1. Description of all activities that will reduce solid waste generation by a
minimum of 50%.
2. Methodology for monitoring activities for program effectiveness/efficiency.
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3. Compilation and provision of quarterly diversion updates/reports to the City,
which will occur 30 days after the end of each calendar quarter and will list the
amount of wastes disposed and recycled by tons.
4. Listing of solid waste/recycling/service providers utilized to provide
recycling/composting/waste reduction programs.
5. Annual evaluation of program submitted to the City's Solid Waste
Management Division.
45. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-1, the applicant shall
prepare a Construction Impact Mitigation Plan to be reviewed and approved by the
City prior to building permit issuance, and shall implement all identified measures
during the construction period, consistent with Condition #17..
46. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-2, any construction
equipment on the site must meet the following conditions in order to reduce NOx
emissions:
^ The engine size must be the minimum practical size
^ 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 pre-
combustion 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
^ Construction truck trips shall be scheduled, to the extent feasible, to occur
during non-peak hours
In addition, the following measures will be employed during construction activities to
reduce NOx emissions:
^ Use low-sulfur diesel fuel in all diesel equipment
^ Shut off engines when not in use
Construction activities must meet the following conditions in order to reduce dust
emissions:
^ 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 construction, water trucks or sprinkler systems shall be used to keep
all areas of vehicle movement damp enough to prevent dust from leaving the
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site. At a minimum, this would include wetting down such areas in the later
morning and after work is completed for the day and wheneverwind 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.
These requirements shall be included on all grading plans.
47. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-3, the developer shall
incorporate the following terms into the construction documents to be implemented
by contractors:
^ Comply with restrictions on construction, maintenance, or repair of buildings
and restrictions on demolitions of buildings, excavating, or grading specified in the
City of Santa Monica Municipal Code, Sections 4.12.130 and Section 4.12.140
^ Perform the following best management practices for noise control from
demolition or construction activities:
(1) Maximize the physical separation between noise generators and noise
receptors. Such separation includes, but is not limited to, the following measures:
provide enclosures for stationary equipment and barriers around particularly noisy
areas on the site or around the entire site; use shields, impervious fences, or other
physical sound barriers, to inhibit the transmission of noise to sensitive receptors;
and position stationary equipment to minimize noise impacts on the community.
(2) Require that all construction equipment engines be properly tuned and
muffled according to manufacturers' specifications
(3) Select haul routes for the removal of excavation materials and transport of
building materials in conjunction with the City of Santa Monica such that noise-
sensitive (e.g., residential) areas are avoided as much as possible
(4) Neighbors within 500 feet of construction areas shall be notified of the
construction schedule in writing, prior to construction. The project sponsor shall
designate a"disturbance coordinator" who shall be responsible for responding to
any local complaints regarding construction noise. The coordinator (who shall be
an employee of the developer or general contractor) shall determine the cause of
the complaint and shall require that reasonable measures warranted to correct the
problem be implemented. A telephone number of the noise disturbance coordinator
shall be conspicuously posted at the construction site fence and on the notification
sent to neighbors adjacent to the site.
48. Pursuant to EIR Mitigation Measure Mitigation Measure Mitigation Measure 3.10-4,
the proposed project shall comply with the provisions of the City of Santa Monica
26
construction waste reduction ordinance. The following measures are required to
reduce construction and demolition waste generated by the proposed project:
^ The developer/contractor shall prepare and submit a demolition plan for
review and approval by the City. The plan shall include methods to
maximize salvage and recycling of building and landscape materials. The
plan shall include a recovery rate for each material type in the demolition
contract. The plan shall also include strategies for the salvage of any
reusable historic materials and reusable materials in good condition.
^ During construction and demolition activities, the contractor shall separate
for recycling all materials that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, wood waste, and clean fill.
^ The contractor shall schedule the removal of reusable and recyclable
materials prior to demolition to maximize recovery rate.
^ The contractor shall provide separate bins for all recyclables on site. Such
bins shall be labeled clearly in several languages or with universal symbols.
The contractor shall also provide orientation prior to the start of construction
for workers to train them to use the recycle bins provided. If there is
insufficient space on site, the contractor shall contract with a recycling
company to receive mixed loads for separation and recycling.
^ The contractor shall use pre-engineered or factory-cut material. Examples of
this type of material include, but are not limited to, factory trusses, laminated
and other engineered wood products, sheet metal cladding and roofing, 9-
foot gypsum board, pre-cut headers, and pre-assembled joist bridging. The
applicant shall also use reusable and recyclable forming materials, such as
steel forms or standard wood systems, where feasible.
49. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-5, the applicant /
contractor shall provide all necessary off-site parking for construction workers so as
to avoid employees and workers from parking in the project neighborhood and
surrounding residential streets.
50. Pursuant to EIR Mitigation Measure 3.10-6, the applicant/contractor shall direct and
control construction traffic to avoid using residential streets in the project vicinity for
construction activities.
51. 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, except as may be required by State Health
Code. )
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52. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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-offwill be
required instead. The Environmental and Public Works Management Department
will set specific requirements. Building Permit plans shall show the required
installation.
53. Consistent with Conditions 36-38, 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 as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
54. The applicant shall submit an acoustical report which documents noise levels on
the site and identifies suitable construction techniques to provide interior noise
levels of 45 dB or less from exterior noise levels. A post-construction test shall
confirm the ability of the construction to achieve this interior noise level. Additional
sound insulation or other acoustical treatment shall be provided until this interior
noise level is achieved prior to issuance of a certificate of occupancy.
Miscellaneous Conditions
55. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking or
other actions.
56. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
57. 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 and Community
development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
2$
58. 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 Management.
59. 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.
60. 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.
61. 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
62. 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.
63. Within ten days of Planning Division transmittal of the Statement of Official Action,
project applicant shall sign and return a copy of the Statement of Official Action
prepared by the City Council, 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.
64. The approval of DR99-013 and CUP 01-016 shall expire if the rights granted are
not exercised within eighteen (18) months from the 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 pursuant to the requirements
of Santa Monica Municipal Code section 8.08.060. A one-year extension may be
permitted for DR990-013 and CUP01-016 if approved by the Director of Planning
and Community Development. Applicant is on notice that time extensions may not
be granted if development standards relevant to the project have changed since
project approval.
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65. 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
Development Review and Conditional Use Permits.
Monitoring of Conditions
66. 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 City Planning Division itself and other City divisions
and departments such as the Building Division, the Environmental and Public
Works Management Department, the Fire Department, the Police Department, the
Community and Economic Development Department and the Finance Department
are aware of project requirements which must be satisfied prior to issuance of a
Building Permit, Certificate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to their responsibilities.
Project owner shall demonstrate compliance with conditions of approval in a
written report submitted to the Planning Director and Building Officer prior to
issuance of a Building Permit or Certificate of Occupancy, and, as applicable,
provide periodic reports regarding compliance with such conditions.
30
Special Conditions
67. Customers and visitors to the retail space will be provided with a minimum of one
hour free parking with validation.
68. Applicant will provide a parking, carpool and transit incentive program for
employees and residents of the building with the following components:
1. Applicant will actively encourage employee and resident participation in a
transportation ride-sharing program.
2. Applicant will implement a public transit fare re-imbursement program. This
program will provide for partial re-imbursement to 100% of the employees of the
property for public transit fare to and from the site.
3. Applicant will implement a publicity program explaining how the employees of
the project will be made aware of this program. This publicity program will be
implemented during the first month of occupancy of the project.
69. The applicant shall provide on-site information about the Big Blue Bus and Tide
Shuttle.
70. The applicant shall provide a bicycle parking area for residents, visitors, customers
and employees free of charge.
71. There shall be no loading or unloading on public streets.
72. Delivery hours for the retail space shall be limited to the hours of 7:30 a.m. to 9:00
p.m., Monday through Saturday. Private trash pick-up shall be limited to the hours
of 7:30 a.m. to 10:00 p.m., Monday through Saturday.
73. The applicant shall post a notice in the residential lobby stating that the site is
regulated by Development Review Permit 99-013 and Conditional Use Permit 01-
016 and the Statement of Official Action, which includes the establishment's
conditions of approval, is available upon request. This notice shall remain posted
for the life of the project.
74. 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.
Affordable Housinq Obliqation (effective July 21, 1998)
75. 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
107-unit development to provide either 11 very low cost affordable units or 22 low
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cost affordable units 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$7.13 x 50 %. The
project's floor area as shown on the plans dated 2/12/02 is 123,496 square feet.
The project's affordable housing fee based on this floor area would be
$440,263.24. The fee will be recalculated prior to payment based on the actual
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.
Conditions of Approval - DR 00-002 and CUP01-017 (East Project)
Plans
1. This approval is for those plans dated 2/12/02, 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, including, but not limited to first
floor height limitation and number of story requirements.
3. Final parking lot layout and specifications shall be subject to the 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 from the approved
concept, including any change of use from the approved plans, shall require an
amendment to Development Review Permit 00-002 and 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.
Architectural Review Board
5. Any plans for final design of landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
6. 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
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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.
7. 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.
8. The Architectural Review Board, in its review of the project's building design,
materials, colors and landscaping, shall pay particular attention to the project's
compatibility with the surrounding mix of commercial and multi family structures;
orientation and amenities; scale and articulation of design elements; exterior colors,
textures and materials; window treatment; glazing; exterior lighting and landscaping.
9. Construction period signage shall be subject to the approval of the Architectural
Review Board.
10. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in that Part.
11. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. 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 (unless located within a
mechanical room).
12. No gas or electric meters shall be located within the required frontyard setback
areas. The Architectural Review Board in its review shall pay particular attention to
the location and screening of such meters.
Construction
13. 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.
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14. 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.
15. Sidewalks, curbs, gutters, street or alley paving and driveways which are
substandard or 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 building
permits.
16. 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.
17. 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.
18. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
19. 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.
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20. 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.
21. During the course of construction, the applicant will maintain communication with
the City to coordinate project construction with the City's public works projects to
the maximum extent possible without delaying the progress of the City's or
applicant's construction.
Fees
22. 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
23. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
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 Services Department. No street trees shall be removed without the
approval of the Open Space Management Division. All trees in the public sidewalk
shall be mature trees when planted.
25. Immediately after demolition (and during construction), a securityfence, 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.
26. 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.
27. No demolition of buildings or structures 40 years of age or older shall be permitted
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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.
28. Prior to issuance of any demolition permits, a demolition materials recycling plan
shall be filed for approval by the Department of Environmental and Public Works
Management which seeks to maximize the reuse/recycling of existing building
materials.
Environmental Mitigation
29. Pursuant to EIR Mitigation Measure 3.1-1, to avoid building structures on soils that
are expansive within the first 12 inches, a 4-inch gravel cushion (below the slab)
shall be included in the building design. If, during construction, it can be verified
that at least 12 inches of non-expansive soils exist below the lowest garage slab,
the 4-inch gravel cushion may be omitted. In all cases the on-grade floor slab shall
be reinforced by a minimum of No. 4 bars, at 16" on center in two directions.
30. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-2, in order to provide
stable soils, measures, such as sloping all excavation banks at a gradient no
steeper than 1:1, in addition to standard soil stability control practices, shall be
implemented. Where there is insufficient space for sloped embankments, nor
practical to perform vertical and/or slot cutting, an embankment supporting system
shall be used. The most commonly used method is to install shoring (i.e., soldier)
piles along the embankment. If soldier piles are used, one of three systems shall
be used: (1) cantilever piles; (2) piles braced with tiebacks on the outside of
excavation; or (3) piles braced with rakers from the inside.
31. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-3, all fill shall be non-
expansive and free of organic and other deleterious substances. Fill soils shall be
placed in thin lifts and compacted to minimum 90% relative density based on the
ASTM D1557 standard. Pea gravel and well-graded sand/gravel mixture with 3/-
inch maximum size shall be used in lieu of soils to backfill the garage walls in areas
where the spacing between the walls and excavation banks is too narrow to perform
compaction therein. No density tests shall be required if the sand/gravel is vibrated
during placement under the observation of the project's soils engineer. All granular
material backfill shall be capped with 2.0 feet of relatively impervious compacted
soils to minimize surface water infiltration into the garage. In areas where the
garage walls are neither braced nor designed as free standing walls, the backfilling
of these walls shall not start until after the flat slab, which will serve as horizontal
diaphragm of the garage walls, has been poured and gained sufficient strength.
If the edge of backfilling is within 2.0 feet of public ways, only concrete slurry and
cohesive soils shall be used as backfilling. Sand and gravel shall not be used
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within 2.0 feet of the public ways to avoid the introduction of cohesive soils into
future public works excavation.
32. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-4, in order to provide a
safe geologic environment, suitable for construction and operation of the proposed
structures, all cesspool and septic tanks, if encountered, shall be cleared and
backfilled with lean concrete mix (1.5 sacks/cubic yard).
33. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-5, in order to properly
support the column and wall loads of the proposed structures, they shall be
supported on conventional spread and continuous footings embedded at least 24
inches into the natural soils. The following values shall be used for foundation
design:
Foundation Desiqn Wall Footinqs Column Footinqs
Vertical Bearing, psf (net) 4,500 5,000
Lateral Bearing, psf/ft. 300 300
Coefficient of friction 0.35 0.35
34. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-6, in order to provide a
total settlement of not more than 3/ inch and a differential settlement of not more
than '/4 inch, the foundation shall be supported as recommended in the final
geologic report (approved by the City) and loaded to the recommended maximum
pressure.
35. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-7, to minimize soil
erosion and/or slope instability during site preparation activities, temporary
drainage devices shall be installed at the top of excavation banks to divert water
away from the banks. Additionally, the project shall be compliant with Chapter 29 of
the CBC and Cal-OSHA regulations pertaining to excavation, trenching, and
shoring, and implementation of standard erosion control practices.
36. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-8, to avoid
contamination of groundwater during construction or operation of the project, a back
drain system, consisting of 4-inch perforated drainpipes or an equivalent system,
shall be placed above the footing level on the outside of subterranean walls. The
drainpipes shall be connected to sump pits that discharge into the City's storm drain
system. In area where there is insufficient space to install drainpipes behind the
garage walls, the drainage shall be provided by weep holes just above the footing
level.
37. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-9, design and
construction of the buildings shall be engineered to accepted industry standards to
withstand the expected ground acceleration that may occur at this site. The design
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shall take into consideration the soil type, potential for liquefaction, and the most
current and applicable seismic attenuation methods that are available. All on-site
structures shall comply with applicable provisions of the Uniform Building Code and
the California Building Code.
38. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-1, the Applicant shall
design exterior building lighting that sheds light pools only on the project sites,
incorporating "cut-off" shields as appropriate to prevent an increase in lighting at
adjacent and nearby residential uses.
39. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-2, 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.
40. Pursuant to EIR Mitigation Measure Mitigation Measure 3.7-1, the Applicant shall
designate in the parking plan that no more than 40% of the required residential
visitor spaces are assigned as compact spaces.
41. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-1, the Applicant shall
include mixed office paper, cardboard, scrap metal, newspaper, glass and plastic
bottles, and metal cans (aluminum and steel) generated from project operations in a
general facility recycling program, to be approved by the City.
42. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-2, the Applicant shall
maximize the use of products made from recycled materials. This may include
office, food service, and janitorial supplies, carpeting, paint, re-refined lubrication
oil, tire stops in parking lots and plastic lumber park benches.
43. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-3, public education
materials on waste prevention, recycling, used-oil recycling, re-refined oil,
hazardous waste reduction and management, composting and buying recycled
content products shall be displayed in the appropriate areas within the proposed
project.
44. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-4, the Applicant shall
provide the City with a recycling plan that identifies all programs to be utilized to
reduce solid waste generation and disposal by a minimum of 50%. The Applicant
shall provide this plan prior to final occupancy. The plan shall include, at a
minimum, upon concurrence of the City's Solid Waste Management Division, the
following items:
1. Description of all activities that will reduce solid waste generation by a
minimum of 50%.
2. Methodology for monitoring activities for program effectiveness/efficiency.
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3. Compilation and provision of quarterly diversion updates/reports to the City,
which will occur 30 days after the end of each calendar quarter and will list the
amount of wastes disposed and recycled by tons.
4. Listing of solid waste/recycling/service providers utilized to provide
recycling/composting/waste reduction programs.
5. Annual evaluation of program submitted to the City's Solid Waste
Management Division.
45. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-1, the applicant shall
prepare a Construction Impact Mitigation Plan to be reviewed and approved by the
City prior to building permit issuance, and shall implement all identified measures
during the construction period, consistent with Condition #17.
46. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-2, any construction
equipment on the site must meet the following conditions in order to reduce NOx
emissions:
^ The engine size must be the minimum practical size
^ 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 pre-
combustion 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
^ Construction truck trips shall be scheduled, to the extent feasible, to occur
during non-peak hours
In addition, the following measures will be employed during construction activities to
reduce NOx emissions:
^ Use low-sulfur diesel fuel in all diesel equipment
^ Shut off engines when not in use
Construction activities must meet the following conditions in order to reduce dust
emissions:
^ 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 construction, water trucks or sprinkler systems shall be used to keep
all areas of vehicle movement damp enough to prevent dust from leaving the
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site. At a minimum, this would include wetting down such areas in the later
morning and after work is completed for the day and wheneverwind 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.
These requirements shall be included on all grading plans.
47. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-3, the developer shall
incorporate the following terms into the construction documents to be implemented
by contractors:
^ Comply with restrictions on construction, maintenance, or repair of buildings
and restrictions on demolitions of buildings, excavating, or grading specified
in the City of Santa Monica Municipal Code, Sections 4.12.130 and Section
4.12.140
^ Perform the following best management practices for noise control from
demolition or construction activities:
(1) Maximize the physical separation between noise generators and noise
receptors. Such separation includes, but is not limited to, the following measures:
provide enclosures for stationary equipment and barriers around particularly noisy
areas on the site or around the entire site; use shields, impervious fences, or other
physical sound barriers, to inhibit the transmission of noise to sensitive receptors;
and position stationary equipment to minimize noise impacts on the community.
(2) Require that all construction equipment engines be properly tuned and
muffled according to manufacturers' specifications.
(3) Select haul routes for the removal of excavation materials and transport of
building materials in conjunction with the City of Santa Monica such that noise-
sensitive (e.g., residential) areas are avoided.
(4) Neighbors within 500 feet of construction areas shall be notified of the
construction schedule in writing, prior to construction. The project sponsor shall
designate a"disturbance coordinator" who shall be responsible for responding to
any local complaints regarding construction noise. The coordinator (who shall be
an employee of the developer or general contractor) shall determine the cause of
the complaint and shall require that reasonable measures warranted to correct the
problem be implemented. A telephone number of the noise disturbance coordinator
shall be conspicuously posted at the construction site fence and on the notification
sent to neighbors adjacent to the site.
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48. Pursuant to EIR Mitigation Measure Mitigation Measure Mitigation Measure 3.10-4,
the proposed project shall comply with the provisions of the City of Santa Monica
construction waste reduction ordinance. The following measures are required to
reduce construction and demolition waste generated by the proposed project:
The developer/contractor shall prepare and submit a demolition plan for
review and approval by the City. The plan shall include methods to
maximize salvage and recycling of building and landscape materials. The
plan shall include a recovery rate for each material type in the demolition
contract. The plan shall also include strategies for the salvage of any
reusable historic materials and reusable materials in good condition.
During construction and demolition activities, the contractor shall separate
for recycling all materials that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, wood waste, and clean fill.
The contractor shall schedule the removal of reusable and recyclable
materials prior to demolition to maximize recovery rate.
The contractor shall provide separate bins for all recyclables on site. Such
bins shall be labeled clearly in several languages or with universal symbols.
The contractor shall also provide orientation prior to the start of construction
for workers to train them to use the recycle bins provided. If there is
insufficient space on site, the contractor shall contract with a recycling
company to receive mixed loads for separation and recycling.
The contractor shall use pre-engineered or factory-cut material. Examples of
this type of material include, but are not limited to, factory trusses, laminated
and other engineered wood products, sheet metal cladding and roofing, 9-
foot gypsum board, pre-cut headers, and pre-assembled joist bridging. The
applicant shall also use reusable and recyclable forming materials, such as
steel forms or standard wood systems, where feasible.
49. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-5, the applicant /
contractor shall provide all necessary off-site parking for construction workers so as
to avoid employees or workers from parking in the project neighborhood and
surrounding residential streets.
50. Pursuant to EIR Mitigation Measure 3.10-6, the applicant/contractor shall direct and
control construction traffic to avoid using residential streets in the project vicinity for
construction activities.
51. 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
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gallon urinals and low flow shower head, except as may be required by State Health
Code. )
52. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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-offwill be
required instead. The Environmental and Public Works Management Department
will set specific requirements. Building Permit plans shall show the required
installation.
53. Consistent with Conditions 36-38, 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 as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
54. The applicant shall submit an acoustical report which documents noise levels on
the site and identifies suitable construction techniques to provide interior noise
levels of 45 dB or less from exterior noise levels. A post-construction test shall
confirm the ability of the construction to achieve this interior noise level. Additional
sound insulation or other acoustical treatment shall be provided until this interior
noise level is achieved prior to issuance of a certificate of occupancy.
Miscellaneous Conditions
55. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking or
other actions.
56. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
57. 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 and Community
development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
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58. 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 Management.
59. 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.
60. 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.
61. 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
62. 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.
63. Within ten days of Planning Division transmittal of the Statement of Official Action,
project applicant shall sign and return a copy of the Statement of Official Action
prepared by the City Council, 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.
64. The approval of DR00-002 and CUP 01-017 shall expire if the rights granted are not
exercised within eighteen (18) months from the 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 pursuant to the requirements
of Santa Monica Municipal Code section 8.08.060. A one-year extension of DR 00-
002 and CUP 01-017 may be permitted if approved by the Director of Planning and
Community Development. Applicant is on notice that time extensions may not be
granted if development standards relevant to the project have changed since
project approval. Applicant is on notice that time extensions may not be granted if
development standards relevant to the project have changed since project approval.
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65. 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
Development Review and Conditional Use Permits.
Monitoring of Conditions
66. 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 City Planning Division itself and other City divisions
and departments such as the Building Division, the Environmental and Public
Works Management Department, the Fire Department, the Police Department, the
Community and Economic Development Department and the Finance Department
are aware of project requirements which must be satisfied prior to issuance of a
Building Permit, Certificate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to their responsibilities.
Project owner shall demonstrate compliance with conditions of approval in a
written report submitted to the Planning Director and Building Officer prior to
issuance of a Building Permit or Certificate of Occupancy, and, as applicable,
provide periodic reports regarding compliance with such conditions.
Special Conditions
67. Customers and visitors to the retail space will be provided with a minimum of one
hour free parking with validation.
68. Applicant will provide a parking, carpool and transit incentive program for
employees and residents of the building with the following components:
1. Applicant will actively encourage employee and resident participation in a
transportation ride-sharing program.
2. Applicant will implement a public transit fare re-imbursement program. This
program will provide for partial re-imbursement to 100% of the employees of the
property for public transit fare to and from the site.
3. Applicant will implement a publicity program explaining how the employees of
the project will be made aware of this program. This publicity program will be
implemented during the first month of occupancy of the project.
69. The applicant shall provide on-site information about the Big Blue Bus and Tide
Shuttle.
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70. The applicant shall provide a bicycle parking area for residents, visitors, customers
and employees free of charge.
71. There shall be no loading or unloading on public streets.
72. Delivery hours for the retail space shall be limited to the hours of 7:30 a.m. to 9:00
p.m., Monday through Saturday. Private trash pick-up shall be limited to the hours
of 7:30 a.m. to 10:00 p.m., Monday through Saturday.
73. The applicant shall post a notice in the residential lobby stating that the site is
regulated by Development Review Permit 00-002 and Conditional Use Permit 01-
017 and the Statement of Official Action, which includes the establishment's
conditions of approval, is available upon request. This notice shall remain posted
for the life of the project.
74. 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.
75. 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 26-
unit development to provide either 3 very low cost affordable units or 6 low cost
affordable units 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$7.13 x 50%. The
project's floor area as shown on the plans dated 02/12/02 is 28,056 square feet.
The project's affordable housing fee based on this floor area would be
$100,019.64. The fee will be recalculated prior to payment based on the actual
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.
Conditions of Approval - Vestinq Tentative Parcel Map
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.
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2. 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.
3. The tentative map shall expire 24 months after approval, except as provided in the
provisions of California Government Code Section 66463.5 (parcel map) and
Sections 9.20.18.010 of the Santa Monica Municipal Code (SMMC). During this
time period the final map shall be presented to the City of Santa Monica for
approval. The final map shall be approved by the Santa Monica City Council and
recorded prior to the issuance of a building permit.
4. 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.
5. 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 SMMC
Section 9.20.20.020 and in the case of condominiums, contain such provisions as
are required by SMMC Section 9.04.16.01.030(e).
6. The form, contents, accompanying data, and filing of the final parcel map shall
conform to the provisions of SMMC Sections 9.20.12.010 through 9.20.12.080 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.
7. 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 a building
permit, pursuant to Government Code Section 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.
8. A copy of the recorded map shall be provided to the City Planning Division before
issuance of a Certificate of Occupancy.
Prepared by: Suzanne Frick, Director, PCD
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
46
Attachments:
A. Municipal Code and General Plan Conformance
B. Resolution adopting a Statement of Overriding Considerations and
Mitigation Monitoring Program.
C. Ordinance amending SMMC Section 9.04.08.28.070
D. Letter from applicant to City staff dated February 20, 2002
E. East Project plans
F. West Project plans
47
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
Permitted Use Mixed-use project with Both East and West projects
pedestrian-oriented are mixed-use with ground
uses at the ground floor retail and residential uses
floor. on the upper floors.
Height of Building
East Project CM2 - 27 feet 27 feet
West Project CM3 - 35 feet 35 feet
Number of Stories
East Project CM2 -2 stories 3 stories (81 % residential)
West Project CM3 - 3 stories 4 stories (91 % residential)
(no limitation on stories
if project is minimum
50% residential)
Residential Uses in Permitted, except Both the East and West
Commercial Zones within 50' of front Projects have retail uses
property line at ground within the front 50' of the
floor and with separate ground floor (subject to Zoning
and secure entrance Ordinance text amendment
and exit to residential approval), separate and
uses, separate refuse secure access to residential
recycle areas and units, separate refuse/recycle
minimum of 50 sq. ft. areas and a minimum of 50
of private open space. sq. ft of private open space
per unit
Mezzanine N/A Intermediate level No mezzanine proposed.
open to space below.
May not exceed 1/3 of
room floor area.
Projections Into Yard Balconies may project Second floor balconies of the
4' into the required rear East Project project 4'.
yard of the East
Project.
Building Height Total area of the East Project: building height
Projections building height projects projections equal 24% of roof
cannot exceed 25% of area.
the roof area.
West Project: building height
48
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
projections equal 19% of roof
area.
Elevator Shaft May extend 14 feet East Project: elevator shaft
above the roofline extends 12.5' above the
roofline.
West Project: elevator shaft
extends 8'6" above the
roofline.
Stairwells May extend 14 feet East Project: combined
above the maximum stairwell/mechanical
height allowed in the enclosures extend 8.5' above
CM district. the maximum height of the
district.
West Project: stairwell
enclosures extend 8'6" above
the maximum height of the
district.
Mechanical May extend 12' above East Project: combined
Equipment the maximum height of stairwell/mechanical
Rooms/Enclosures the district enclosures extend 8.5' above
the maximum height of the
district.
West Project: stairwell
enclosures extend 8'6" above
the maximum height of the
district.
Parapets Legally required East Project: 42" parapet
parapets may extend a provided.
maximum of 3'6"
above the maximum west Project: 48" parapet
height of the district.
shown (must be reduced to
42")
Building Volume Any portion of a West Project:
Envelope structure between 31' Main Street - 22,238 cu. ft.
and 45' in height at the provided.
street frontage must be
setback an additional Bicknell Avenue - 5,664 cu. ft.
average of 9'. provided.
East Project: no Bay Street - 7,516 cu. ft.
portion of structure is provided.
above 31'.
Neilson Way - 17,772 cu. ft.
49
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
provided.
West Project:
Main Street - 9 x 4 x
284 = 10,224 cu. ft.
Bicknell Avenue - 9 x
4 x 136 = 4,896 cu. ft.
Bay Street - 9 x 4 x
152 = 5,472 cu. ft.
Neilson Way - 9 x 4 x
276 = 9,936 cu. ft.
F.A. R. CM2 - 1.5 (residential East Project (CM2): 1.15
square footage
discounted at 50%) west Project (CM3): 1.47
CM3 - 2.0 (residential
square footage
discounted at 50%)
Parking Access Alley access is No alley exists at either
encouraged when alley project.
exists
Parking Space Commercial: retail East Project: 87 spaces
Number space - 1 space per provided.
300 square feet of floor
area; West Project: 290 provided.
Residential: studio
units - 1 space; 1
bedroom units - 1.5
spaces; 2 or more
bedroom units - 2
spaces per unit
1 visitor space per 5
units.
East Project:
6,623 sq. ft. retail
space = 22.1 spaces;
6 - 1 bedroom units =
9 spaces:
20 - 2 bedroom units =
40 spaces;
26 units = 5.2 visitor
50
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
spaces.
Total spaces required
= 76
West Project:
11,549 sq. ft retail
space = 38.49 spaces;
6 - studio units = 6
spaces;
5 - 1 bedroom units =
7.5 spaces;
41 - 1 bedroom plus
study = 61.5 spaces;
51 - 2 bedroom units =
102 spaces;
3 - 2 bedroom plus
study = 6 spaces;
1- 3 bedroom unit = 2
spaces;
107 units = 21.4 visitor
spaces.
Total spaces required
= 245.
Compact Parking % N/A A maximum of 40% of East Project: 11 spaces.
the 21.7 required
commercial spaces west Project: 24 spaces.
and 5.2 required
residential visitor
spaces may be
compact.
East Project: 11
spaces may be
compact (26.9 x .4)
West Project: 24
spaces may be
compact (59.89 x .4)
Bicycle Parking N/A 4 bicycle parking Bicycle parking must be added
spaces required at to parking areas in compliance
both project sites. with Code.
Carpool/Vanpool N/A Required of all new None provided.
Parking commercial and
industrial buildings in
51
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
excess of 50,000
square feet. Not
required of either
project.
Loading Spaces N/A 1 space required for Each project provides 1
buildings with 3,000 to loading space.
15,000 square feet of
commercial space.
Each project requires 1
loading space.
Trash Area N/A East Project: buildings East Project: 9.5' x 13'area
between 10,000 and provided for commercial
20,000 square feet tenants separate from a 248
require 248 square foot square feet area for residents.
refuse/recycle area
with separate
commercial and
residential areas in
mixed use buildings.
West Project: Mixed- West Project: 248 square foot
use projects with 40 or refuse/recycle area provided
more units or more for commercial tenants; 307
than 40,000 square square foot area provided for
feet are subject to residents.
approval by the Solid
Waste Management
Division
Mechanical N/A All mechanical Roof top mechanical
Equipment Screening equipment extending equipment to be enclosed
more than 12' above within combined
the roof parapet must stairwell/mechanical
be screened from enclosures for both projects.
view.
Location of N/A Cannot be located on None shown at either project.
Mechanical the side of any building
Equipment which is adjacent to a
residential use on the
adjoining parcel.
Landscaping N/A Landscaping equal to
1.5 times the street
frontage must be
provided adjacent to
each public street
right-of-way .at both
sites.
52
CATEGORY LAND USE
ELEMENT MUNICIPAL CODE PROJECT
East Project: East Project:
Main Street - 120' Main Street - 189 sq. ft.
frontage requires 180 provided.
sq. ft. of landscaping.
Bicknell Avenue -150' gicknell Avenue - 361 sq. ft.
of frontage requires provided.
225 sq. ft. of
landscaping.
West Project:
Main Street - 301' of Main Street - 452 sq. ft.
provided.
frontage requires 452
sq. ft of landscaping.
Bay Street - 177' of Bay Street - 339 sq. ft.
frontage requires 266 provided.
sq. ft. of landscaping.
Neilson Way - 303' of Neilson Way - 650 sq. ft.
frontage requires 455 provided.
sq. ft. of landscaping.
Bicknell Avenue -152' Bicknell Avenue - 263 sq. ft.
of frontage requires provided.
228 sq. ft. of
landscaping.
Private Open Space N/A Minimum of 50 square Residential units within both
feet per unit required. projects provide private open
space in excess of that
required by Code.
Affordable Housing Obligation may be Applicant has elected to pay
Production Program fulfilled by one of four the affordable housing
methods: production fee.
- Provide affordable East Project: 28,056 square
units on-site. feet of residential area
- Provide affordable requires in lieu payment of
units within'/4 of $100,159.92 (28,056 x $7.14
project site. x .5)
- Payment of an West Project: 123,496 square
affordable housing feet of residential area
production fee. requires in lieu payment of
- Acquiring of land for ~440,880.72 (123,496 x
affordable housing. ~~~ 14 x .5)
53
PCD:SF:JT:AS:PF:f:\plan\share\council\strpt\suppnmain Santa Monica, California
Council Mtg: February 26, 2002
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Adopt a Resolution Making Findings Necessary to
Approve the North Main Street Mixed-Use Development Project, Adopting a
Statement of Overriding Considerations and Mitigation Monitoring Program;
Introduction and First Reading of an Ordinance to amend SMMC Section
9.04.08.28.070; and Approval of Findings and Conditions for Development
Review Permits 99-013 and 00-002; Conditional Use Permits 01-016 and 01-
017; and Vesting Tentative Parcel Map 25566 Related to Mixed-Use Projects
at 2012-2024 Main Street and 2021-2029 Main Street. Applicant: Calstar
Equities, Inc.
INTRODUCTION
This supplemental report forwards to the City Council amended findings and conditions of
approval for the above projects (Attachment A). These modifications reflect the City's
response to concerns raised in a letter to staff from the applicant (Attachment B).
Prepared by: Suzanne Frick, Director, PCD
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Attachments: A: Amended Findings and Conditions of Approval
B: Letter to staff from applicant dated February 25, 2002
54
MODIFIED FINDINGS AND CONDITIONS OF APPROVAL
Added/corrected text in Bold
Deleted text in c+r;~~
Development Review Permit Findinqs - DR99-013 (West Project)
3. The physical location, massing and placement of proposed structures on the site
and the location of proposed uses within the project are compatible with and relate
harmoniously to surrounding sites and neighborhoods. The proposed project, a
four story, 135,045 square foot mixed-use development with 290 parking spaces
within 3 levels of subterranean parking is consistent with the pattern of development
in the area. The project provides differing architectural style components in 60'
segments, greater setbacks and articulation and varying roof heights along the
Main Street farade which minimizes the perception that the building is a single
structure and provides a better visual transition from the subject building to the
surrounding properties. The project design includes greater upper level stepbacks
than required by Code, increased street level landscaping and gabled roof
elements to help the visual transition along Bay Street. The farade at the corner of
Bicknell and Main Street is designed to reduce the visual `height' impact of the
building corner through an emphasis on "horizontality" in the design. The project
also includes the addition of a 3' wide sidewalk on the project site in addition to the
existing 5' wide public sidewalk along Neilson Way to improve the pedestrian
access and pedestrian environment on Neilson Way and further integrate the
building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
4. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that vehicular access to the site will be provided from
Bicknell Avenue, a 56' wide, 2-lane street. Vehicular access from outside the area
is primarily available from Main Street, a 60' wide, 2-lane street and Neilson Way,
a 48' wide, 4-lane street. Pedestrian access will be provided by an 8' wide sidewalk
along Neilson Way, a 10' wide sidewalk along Main Street, a 12' wide sidewalk
along Bicknell Avenue and a 10' wide sidewalk along Bay Street. On-site parking
spaces will be provided in excess of that required by Code.
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 Final
Environmental Impact report prepared for the project did not identify any adverse
project impacts in these areas.
4. Any on-site provision of housing or parks and public open space, which are part of
the required project mitigation measures required in Part 9.04.10.12, satisfactorily
55
meets the goals of the mitigation program in that the proposed project is not subject
to this Part since the project does not provide general office or medical office uses
in excess of 15,000 square feet.
5. The proposed project is generally consistent with the Municipal Code and General
Plan in that the intent of mixed-use development, as stated in Land Use Element
Policy # 1.2.1 is to provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The proposed project is consistent with
these Land Use Element objectives and policies.
The proposed project provides a sensitive transition to adjacent buildings and uses.
Although the proposed building occupies an entire City block, the project has been
designed with increased setbacks and stepbacks, articulation and changes in
plane, varying architectural styles and materials along its street fronts, increased
landscaping and varying roof heights to create a better fit with the adjacent
residential neighborhood. The project is designed with ground floor retail and upper
level multi-family residential uses which have separate and secure entrances and
exits, as well as separate common areas, refuse and recycling rooms, and
subterranean parking areas.
6. Reasonable mitigation measures have been included for most adverse impacts
identified in the Final Environmental Impact Report and has adopted a Statement of
Overriding Considerations for those significant and unavoidable impacts that cannot
be mitigated.
Development Review Permit Findinqs - DR00-002 (East Project)
1. The physical location, massing and placement of proposed structure on the site and
the location of proposed uses within the project are compatible with and relate
harmoniously to surrounding sites and neighborhoods. The proposed project, with
its 10' setback along the rear 60' of the building, is consistent with the pattern of
development in the area where the residences to the east of the project site consist
of buildings that are set back between 10' and 15' from the property line. In
addition, the 120' front elevation of the proposed project along Main Street provides
architectural elements that replicate a 60' development pattern which is most
characteristic of the Main Street area. The ground floor retail uses within the
building are located along Main Street, whereas the ground floor residential uses
are located within the rear 60' of the building which is adjacent to the nearby
residential district.
2. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access in that vehicular access to the site will be provided from
56
Bicknell Avenue, a 56' wide, 2-lane street. Vehicular access from outside the area
is primarily available from Main Street, a 60' wide, 2-lane street and Neilson Way, a
48' wide, 4-lane street. Pedestrian access will be provided by a 10' wide sidewalk
along Main Street and a 12' wide sidewalk along Bicknell Avenue. On-site parking
spaces will be provided in excess of that required by Code.
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 Final
Environmental Impact report prepared for the project did not identify any adverse
project impacts in these areas.
4. Any on-site provision of housing or parks and public open space, which are part of
the required project mitigation measures required in Part 9.04.10.12, satisfactorily
meets the goals of the mitigation program in that the proposed project is not subject
to this Part as the project does not provide general office or medical office uses in
excess of 15,000 square feet.
5. The proposed project is generally consistent with the Municipal Code and General
Plan in that the intent of mixed-use development, as stated in Land Use Element
Policy # 1.2.1 is to provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The proposed project is consistent with
these Land Use Element objectives and policies.
The proposed project, with its 10' setback along the rear 60' of the building, is
consistent with the pattern of development in the area where the residences to the
east of the project site consist of buildings that are set back between 10' and 15'
from the property line. In addition, the 120' front elevation of the proposed project
along Main Street provides architectural style elements that replicate a 60'
development pattern which is most characteristic of the Main Street area. The
proposed building provides a transition between its commercial uses and the
abutting residential area in that the ground floor retail uses within the building are
located along Main Street whereas the ground floor residential uses are located
within the rear 60' of the building adjacent to the nearby residential district. The
project is designed with ground floor retail and upper level multi-family residential
uses which have separate and secure entrances and exits, as well as separate
common areas, refuse and recycling rooms and subterranean parking areas.
6. Reasonable mitigation measures have been included for most adverse impacts
identified in the Final Environmental Impact Report and has adopted a Statement of
Overriding Considerations for those significant and unavoidable impacts that cannot
be mitigated.
57
Conditional Use Permit Findinqs CUP01-016 (West Project)
1. The proposed use is one conditionally permitted within the CM Main Street
Commercial District and complies with all of the applicable provisions of the Zoning
Ordinance in that the multi-family residences, a permitted use in the CM district,
require a Conditional Use Permit as they occupy greater than 7,500 square feet of
floor area within the proposed project. In addition, a Zoning Ordinance Text
Amendment is being approved concurrently with this application to bring the
proposed project into compliance with the Zoning Ordinance and allow the ground
floor multi-family residences along the Bicknell Avenue frontage.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the proposed project provides
differing architectural style components in 60' segments, setbacks and articulation
and varying roof heights along the Main Street farade. These design elements
reduce the perception of the building as a single entity and provide a better visual
transition from the subject building to the surrounding properties. The project design
includes greater upper level stepbacks than required by Code, increased street
level landscaping and gabled roof elements to help the visual transition along Bay
Street. Along Bicknell Avenue, the farade at the corner of Bicknell and Main Street
is designed to reduce the visual `height' impact of the building corner. The project
also includes the addition of a 3' wide sidewalk on the project site in addition to the
existing 5' wide public sidewalk along Neilson Way to improve the pedestrian
access along the east side of the 2000 block of Neilson Way and improve the
integration of the building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
3. The subject parcel is physically suitable for the type of land use being proposed in
that the subject site is a previously developed parcel of level grade.
4. The proposed use is compatible with any of the land uses presently on the subject
parcel if the present land uses are to remain as no present land uses will be
retained on-site.
5. The proposed use would be compatible with existing and permissible land uses
within the CM Main Street Commercial District and the general area in which the
proposed use is to be located in that the proposed project is a mixed-use
development with ground floor retail uses and upper level multi-family residences
which are compatible with the retail and service uses along Main Street and the
multi-family residential developments in the adjacent neighborhoods.
58
6. There are adequate provisions for water, sanitation and public utilities and services
to ensure that the proposed use would not be detrimental to public health and
safety in that the Final Environmental Impact Report prepared for the project did not
identify any adverse unavoidable project impacts in these areas.
7. The City Council finds that public access to the proposed uses will be adequate in
that vehicular access to the site will be provided from Bicknell Avenue, a 56' wide,
2-lane street. Vehicular access from outside the area is primarily available from
Main Street, a 60' wide, 2-lane street and Neilson Way, a 48' wide, 4-lane street.
Pedestrian access will be provided by a 10' wide sidewalk along Main Street, an 8'
wide sidewalk along Neilson Way, a 10' wide sidewalk along Bay Street and a 12'
wide sidewalk along Bicknell Avenue.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed project
is a four story, 135,045 square foot mixed-use project with 107 multi-family
residential units located in a commercial district which is adjacent to a multi-family
residential neighborhood. The project provides differing architectural style
components in 60' segments, greater setbacks and articulation and varying in roof
heights along the Main Street farade which minimizes the perception that the
building is a single structure and provides a better visual transition from the subject
building to the surrounding properties. The project design includes greater upper
level stepbacks than required by Code, increased street level landscaping and
gabled roof elements to help the visual transition along Bay Street. Along Bicknell
Avenue, the farade at the corner of Bicknell and Main Street is designed to reduce
the visual `height' impact of the building corner. The project also includes the
addition of a 3' wide sidewalk on the project site adjacent to the existing 5' wide
public sidewalk along Neilson Way to improve the pedestrian access and
pedestrian environment along the east side of the 2000 block of Neilson Way and
further integrate the building into the surrounding neighborhood.
The proposed uses within the project include ground floor retail uses, which are
concentrated along Main Street, and ground floor residential uses along Bicknell
Avenue, Bay Street and Neilson Way, which are residential streets.
9. The City Council finds that the propose use, a mixed-use project, is consistent with
the goals, objectives and policies of the General Plan in that Land Use Element
Policy 1.2.1 states that the City should: "Encourage residential mixed-use of
appropriate commercially zoned parcels, in order to provide a better transition
between commercial and adjacent residential uses, to enhance security and
increase hours of use in metropolitan areas". The proposed project is a mixed-use
project with multi-family residential uses on the upper floors that is proposed for a
commercial parcel which has multi-family residential uses on 3 sides.
10. The proposed use would not be detrimental to the public interest, health, safety
59
convenience or general welfare in that the proposed use will provide market rate
apartment housing that is in great demand and will contribute more than $379,000
to the City's Affordable Housing Production Program whose purpose is to provide
funding for the development of affordable housing throughout the City.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12, Section 9.04.12.010 and special conditions
outlined in Subchapter 9.04.14, Section 9.04.14.010 in that the proposed project is
not subject to these performance standards.
12. The proposed use will not result in an over concentration of such uses in the
immediate area in that are no other similar developments in the immediate area and
mixed-use developments with residential components are encouraged in all
commercial districts in the City.
Conditional Use Permit Findinqs CUP01-017 (East Project)
1. The proposed use is one conditionally permitted within the CM Main Street
Commercial District and complies with all of the applicable provisions of the Zoning
Ordinance in that the multi-family residences, a permitted use in the CM district,
require a Conditional Use Permit as they occupy greater than 7,500 square feet of
floor area within the proposed project.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the proposed mixed-use project, a
three story, 34,590 square foot development with 87 parking spaces within 2 levels
of subterranean parking, is 81 % residential and is consistent with the pattern of
development in the adjacent commercial and residential areas. The proposed
project, with its 10' setback along the rear 60' of the building, is consistent with the
pattern of development in the area where the residences to the east of the project
site consist of buildings that are set back between 10' and 15' from the property
line. In addition, the 120' front elevation of the proposed project along Main Street
provides architectural elements that replicate a 60' development pattern which is
most characteristic of the Main Street area. The proposed building provides a
transition between its commercial uses and the abutting residential area in that the
ground floor commercial uses within the building are located along Main Street
whereas the ground floor residential uses are located within the rear 60' of the
building which is adjacent to the nearby residential district.
3. The subject parcel is physically suitable for the type of land use being proposed in
that the subject site is a previously developed parcel of level grade.
4. The proposed use is compatible with any of the land uses presently on the subject
parcel if the present land uses are to remain as no present land uses will be
retained on-site.
60
5. The proposed use would be compatible with existing and permissible land uses
within the CM Main Street Commercial District and the general area in which the
proposed use is to be located in that the proposed project is a mixed-use
development with ground floor retail uses and upper level multi-family residences
which are compatible with the retail and service uses along Main Street and the
multi-family residential developments in the adjacent neighborhoods.
6. There are adequate provisions for water, sanitation and public utilities and services
to ensure that the proposed use would not be detrimental to public health and
safety in that the Final Environmental Impact report prepared for the project did not
identify any adverse unavoidable project impacts in these areas.
7. The public access to the proposed uses will be adequate in that vehicular access to
the site will be provided from Bicknell Avenue, a 56' wide, 2-lane street. Vehicular
access from outside the area is primarily available from Main Street, a 60' wide, 2-
lane street and Neilson Way, a 48' wide, 4-lane street. Pedestrian access will be
provided by a 10' wide sidewalk along Main Street and a 12' wide sidewalk along
Bicknell Avenue.
8. The City Council finds that the physical location or placement of the use on the site
is compatible with and relates harmoniously to the surrounding neighborhood, in
that the proposed mixed-use project, a three story, 34,590 square foot development
with 87 parking spaces within 2 levels of subterranean parking, is 81 % residential
and is consistent with the pattern of development in the adjacent commercial and
residential areas. The proposed project, with its 10' setback along the rear 60' of
the building, is consistent with the pattern of development in the area where the
residences to the east of the project site consist of buildings that are set back
between 10' and 15' from the property line. In addition, the 120' front elevation of
the proposed project along Main Street provides architectural elements that
replicate a 60' development pattern which is most characteristic of the Main Street
area. The proposed building provides a transition between its commercial uses and
the abutting residential area in that the ground floor commercial uses within the
building are located along Main Street whereas the ground floor residential uses
are located within the rear 60' of the building which is adjacent to the nearby
residential district.
9. The proposed use, a mixed-use project, is consistent with the goals, objectives and
policies of the General Plan in that Land Use Element Policy 1.2.1 states that the
City should: "Encourage residential mixed-use of appropriate commercially zoned
parcels, in order to provide a better transition between commercial and adjacent
residential uses, to enhance security and increase hours of use in metropolitan
areas". The proposed project is a mixed-use project with multi-family residential
uses on the upper floors that is proposed for a commercial parcel which has multi-
family residential uses on 3 sides.
61
10. The proposed use would not be detrimental to the public interest, health, safety
convenience or general welfare in that the proposed use will provide market rate
apartment housing that is in great demand and will contribute more than $86,000
to the City's Affordable Housing Production Program whose purpose is to provide
funding for the development of affordable housing throughout the City.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12, Section 9.04.12.010 and special conditions
outlined in Subchapter 9.04.14, Section 9.04.14.010 in that the proposed project is
not subject to these performance standards.
12. The proposed use will not result in an over concentration of such uses in the
immediate area in that are no other similar developments in the immediate area and
mixed-use developments with residential components are encouraged in all
commercial districts in the City.
TENTATIVE PARCEL MAP FINDINGS
2. 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 Land Use Element Policy 1.2.1 states that
development should provide a better transition between commercial and adjacent
residential uses. Land Use Objective 3.2 calls for the protection of the scale and
character of residential neighborhoods that are adjacent to commercial areas. Land
Use Policy 3.2.2 states that there should be an appropriate transition where
commercial uses abut residential areas. The improvements associated with the
proposed subdivision are consistent with these policies.
The proposed East Project, with its 10' setback along the rear 60' of the building, is
consistent with the pattern of development in the area where the residences to the
east of the project site consist of buildings that are set back between 10' and 15'
from the property line. In addition, the 120' front elevation of the proposed project
along Main Street provides architectural style elements that replicate a 60'
development pattern which is most characteristic of the Main Street area. The
proposed building provides a transition between its commercial uses and the
abutting residential area in that the ground floor commercial uses within the building
are located along Main Street whereas the ground floor residential uses are located
within the rear 60' of the building which is adjacent to the nearby residential district.
The project is designed with ground floor retail and upper level multi-family
residential uses which have separate and secure entrances and exits, as well as
separate common areas, refuse and recycling rooms and subterranean parking
areas.
The proposed West Project provides a sensitive transition to adjacent buildings and
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uses. Although the proposed building occupies an entire City block, the proposed
building has been designed with increased setbacks and stepbacks, significant
articulation and changes in plane, varying architectural styles and materials along
its street fronts, increased landscaping and varying roof heights to create a betterfit
with the adjacent residential neighborhood. The project is designed with ground
floor retail and upper level residential uses which have separate and secure
entrances and exits, separate common areas and refuse and recycling rooms and
separate subterranean parking areas.
2. The sites are physically suitable for the proposed type of development, in that they
are standard lots with no unusual characteristics.
4. The sites are physically suitable for the proposed density of development, in that
the 18,000 square foot lot for the East Project and the 49,880 square foot lot for the
West Project in the Main Street Commercial District can accommodate more units
than proposed for either site.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed development is an infill of urban land
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
sites and the properties have vehicular access from Bicknell Avenue and pedestrian
access from Main Street, Bicknell Avenue, Bay Street and Neilson Way.
Conditions of Approval - DR 99-013 and CUP01-016 (West Project)
Plans
1. This approval is for those plans dated 2/12/02, 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.
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3. Final parking lot layout and specifications shall be subject to the 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 from the approved
concept, including any change of use from the approved plans, shall require an
amendment to Development Review Permit 99-013 and 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.
Architectural Review Board
5. Any plans for final design of landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
6. 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.
7. 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.
8. The Architectural Review Board, in its review of the project's building design,
materials, colors and landscaping, shall pay particular attention to the project's
compatibility with the surrounding mix of commercial and multi family structures;
pedestrian orientation and amenities; scale and articulation of design elements;
exterior colors, textures and materials; window treatment; glazing; exterior lighting
and landscaping.
9. Construction period signage shall be subject to the approval of the Architectural
Review Board.
10. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in that Part.
11. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. 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
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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 (unless located within a
mechanical room).
12. No gas or electric meters shall be located within the required frontyard setback
areas. The Architectural Review Board in its review shall pay particular attention to
the location and screening of such meters.
Construction
13. 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.
14. 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.
15. Sidewalks, curbs, gutters, street or alley paving and driveways which, as a result of
the project, are substandard or need replacing or removal ~~ ~ ro~, ,~+ nf+ho nr,,;o~+
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
building permits.
16. 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.
17. 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
65
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.
18. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
19. 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.
20. 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.
21. During the course of construction, the applicant will maintain communication with
the City to coordinate project construction with the City's public works projects to
the maximum extent possible without delaying the progress of the City's or
applicant's construction.
Fees
22. 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
23. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
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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 Services Department. No street trees shall be removed without the
approval of the Open Space Management Division. All trees in the public sidewalk
shall be mature trees when planted.
25. Immediately after demolition (and during construction), a securityfence, 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.
26. 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.
27. No demolition of buildings or structures 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.
28. Prior to issuance of any demolition permits, a demolition materials recycling plan
shall be filed for approval by the Department of Environmental and Public Works
Management which seeks to maximize the reuse/recycling of existing building
materials.
Environmental Mitigation
29. Pursuant to EIR Mitigation Measure 3.1-1, to avoid building structures on soils that
are expansive within the first 12 inches, a 4-inch gravel cushion (below the slab)
shall be included in the building design. If, during construction, it can be verified
that at least 12 inches of non-expansive soils exist below the lowest garage slab,
the 4-inch gravel cushion may be omitted. In all cases the on-grade floor slab shall
be reinforced by a minimum of No. 4 bars, at 16" on center in two directions.
30. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-2, in order to provide
stable soils, measures, such as sloping all excavation banks at a gradient no
steeper than 1:1, in addition to standard soil stability control practices, shall be
implemented. Where there is insufficient space for sloped embankments, nor
practical to perform vertical and/or slot cutting, an embankment supporting system
shall be used. The most commonly used method is to install shoring (i.e., soldier)
piles along the embankment. If soldier piles are used, one of three systems shall
67
be used: (1) cantilever piles; (2) piles braced with tiebacks on the outside of
excavation; or (3) piles braced with rakers from the inside.
31. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-3, all fill shall be non-
expansive and free of organic and other deleterious substances. Fill soils shall be
placed in thin lifts and compacted to minimum 90% relative density based on the
ASTM D1557 standard. Pea gravel and well-graded sand/gravel mixture with 3/-
inch maximum size shall be used in lieu of soils to backfill the garage walls in areas
where the spacing between the walls and excavation banks is too narrow to perform
compaction therein. No density tests shall be required if the sand/gravel is vibrated
during placement under the observation of the project's soils engineer. All granular
material backfill shall be capped with 2.0 feet of relatively impervious compacted
soils to minimize surface water infiltration into the garage. In areas where the
garage walls are neither braced nor designed as free standing walls, the backfilling
of these walls shall not start until after the flat slab, which will serve as horizontal
diaphragm of the garage walls, has been poured and gained sufficient strength.
If the edge of backfilling is within 2.0 feet of public ways, only concrete slurry and
cohesive soils shall be used as backfilling. Sand and gravel shall not be used
within 2.0 feet of the public ways to avoid the introduction of cohesive soils into
future public works excavation.
32. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-4, in order to provide a
safe geologic environment, suitable for construction and operation of the proposed
structures, all cesspool and septic tanks, if encountered, shall be cleared and
backfilled with lean concrete mix (1.5 sacks/cubic yard).
33. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-5, in order to properly
support the column and wall loads of the proposed structures, they shall be
supported on conventional spread and continuous footings embedded at least 24
inches into the natural soils. The following values shall be used for foundation
design:
Foundation Desiqn Wall Footinqs Column Footinqs
Vertical Bearing, psf (net) 4,500 5,000
Lateral Bearing, psf/ft. 300 300
Coefficient of friction 0.35 0.35
34. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-6, in order to provide a
total settlement of not more than 3/ inch and a differential settlement of not more
than '/4 inch, the foundation shall be supported as recommended in the final
geologic report (approved by the City) and loaded to the recommended maximum
pressure.
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35. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-7, to minimize soil
erosion and/or slope instability during site preparation activities, temporary
drainage devices shall be installed at the top of excavation banks to divert water
away from the banks. Additionally, the project shall be compliant with Chapter 29 of
the CBC and Cal-OSHA regulations pertaining to excavation, trenching, and
shoring, and implementation of standard erosion control practices.
36. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-8, to avoid
contamination of groundwater during construction or operation of the project, a back
drain system, consisting of 4-inch perforated drainpipes or an equivalent system,
shall be placed above the footing level on the outside of subterranean walls. The
drainpipes shall be connected to sump pits that discharge into the City's storm drain
system. In area where there is insufficient space to install drainpipes behind the
garage walls, the drainage shall be provided by weep holes just above the footing
level.
37. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-9, design and
construction of the buildings shall be engineered to accepted industry standards to
withstand the expected ground acceleration that may occur at this site. The design
shall take into consideration the soil type, potential for liquefaction, and the most
current and applicable seismic attenuation methods that are available. All on-site
structures shall comply with applicable provisions of the Uniform Building Code and
the California Building Code, as amended by the City of Santa Monica.
38. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-1, the Applicant shall
design exterior building lighting that sheds light pools only on the project sites,
incorporating "cut-off" shields as appropriate to prevent an increase in lighting at
adjacent and nearby residential uses.
39 Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-2, 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.
40. Pursuant to EIR Mitigation Measure Mitigation Measure 3.7-1, the Applicant shall
designate in the parking plan that no more than 40% of the required residential
visitor spaces are assigned as compact spaces.
41. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-1, the Applicant shall
include mixed office paper, cardboard, scrap metal, newspaper, glass and plastic
bottles, and metal cans (aluminum and steel) generated from project operations in a
general facility recycling program, to be approved by the City.
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42. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-2, the Applicant shall
maximize the use of products made from recycled materials. This may include
office, food service, and janitorial supplies, carpeting, paint, re-refined lubrication
oil, tire stops in parking lots and plastic lumber park benches.
43. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-3, public education
materials on waste prevention, recycling, used-oil recycling, re-refined oil,
hazardous waste reduction and management, composting and buying recycled
content products shall be displayed in the appropriate areas within the proposed
project.
44. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-4, the Applicant shall
provide the City with a recycling plan that identifies all programs to be utilized to
reduce solid waste generation and disposal by a minimum of 50%. The Applicant
shall provide this plan prior to final occupancy. The plan shall include, at a
minimum, upon concurrence of the City's Solid Waste Management Division, the
following items:
1. Description of all activities that will reduce solid waste generation by a
minimum of 50%.
2. Methodology for monitoring activities for program effectiveness/efficiency.
3. Compilation and provision of quarterly diversion updates/reports to the City,
which will occur 30 days after the end of each calendar quarter and will list the
amount of wastes disposed and recycled by tons.
4. Listing of solid waste/recycling/service providers utilized to provide
recycling/composting/waste reduction programs.
5. Annual evaluation of program submitted to the City's Solid Waste
Management Division.
45. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-1, the applicant shall
prepare a Construction Impact Mitigation Plan to be reviewed and approved by the
City prior to building permit issuance, and shall implement all identified measures
during the construction period, consistent with Condition #17..
46. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-2, any construction
equipment on the site must meet the following conditions in order to reduce NOx
emissions:
^ The engine size must be the minimum practical size
^ 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 pre-
combustion chamber engines
~o
^ Catalytic converters shall be installed, if feasible
^ Diesel-powered equipment such as booster pumps or generators should be
replaced by electric equipment, if feasible
^ Construction truck trips shall be scheduled, to the extent feasible, to occur
during non-peak hours
In addition, the following measures will be employed during construction activities to
reduce NOx emissions:
^ Use low-sulfur diesel fuel in all diesel equipment
^ Shut off engines when not in use
Construction activities must meet the following conditions in order to reduce dust
emissions:
^ 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 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 wheneverwind 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.
These requirements shall be included on all grading plans.
47. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-3, the developer shall
incorporate the following terms into the construction documents to be implemented
by contractors:
^ Comply with restrictions on construction, maintenance, or repair of buildings
and restrictions on demolitions of buildings, excavating, or grading specified in the
City of Santa Monica Municipal Code, Sections 4.12.130 and Section 4.12.140
^ Perform the following best management practices for noise control from
demolition or construction activities:
(1) Maximize the physical separation between noise generators and noise
receptors. Such separation includes, but is not limited to, the following measures:
provide enclosures for stationary equipment and barriers around particularly noisy
areas on the site or around the entire site; use shields, impervious fences, or other
71
physical sound barriers, to inhibit the transmission of noise to sensitive receptors;
and position stationary equipment to minimize noise impacts on the community.
(2) Require that all construction equipment engines be properly tuned and
muffled according to manufacturers' specifications
(3) Select haul routes for the removal of excavation materials and transport of
building materials in conjunction with the City of Santa Monica such that noise-
sensitive (e.g., residential) areas are avoided as much as possible
(4) Neighbors within 500 feet of construction areas shall be notified of the
construction schedule in writing, prior to construction. The project sponsor shall
designate a"disturbance coordinator" who shall be responsible for responding to
any local complaints regarding construction noise. The coordinator (who shall be
an employee of the developer or general contractor) shall determine the cause of
the complaint and shall require that reasonable measures warranted to correct the
problem be implemented. A telephone number of the noise disturbance coordinator
shall be conspicuously posted at the construction site fence and on the notification
sent to neighbors adjacent to the site.
48. Pursuant to EIR Mitigation Measure Mitigation Measure Mitigation Measure 3.10-4,
the proposed project shall comply with the provisions of the City of Santa Monica
construction waste reduction ordinance. The following measures are required to
reduce construction and demolition waste generated by the proposed project:
^ The developer/contractor shall prepare and submit a demolition plan for
review and approval by the City. The plan shall include methods to
maximize salvage and recycling of building and landscape materials. The
plan shall include a recovery rate for each material type in the demolition
contract. The plan shall also include strategies for the salvage of any
reusable historic materials and reusable materials in good condition.
^ During construction and demolition activities, the contractor shall separate
for recycling all materials that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, wood waste, and clean fill.
^ The contractor shall schedule the removal of reusable and recyclable
materials prior to demolition to maximize recovery rate.
^ The contractor shall provide separate bins for all recyclables on site. Such
bins shall be labeled clearly in several languages or with universal symbols.
The contractor shall also provide orientation prior to the start of construction
for workers to train them to use the recycle bins provided. If there is
72
insufficient space on site, the contractor shall contract with a recycling
company to receive mixed loads for separation and recycling.
^ The contractor shall use pre-engineered or factory-cut material. Examples of
this type of material include, but are not limited to, factory trusses, laminated
and other engineered wood products, sheet metal cladding and roofing, 9-
foot gypsum board, pre-cut headers, and pre-assembled joist bridging. The
applicant shall also use reusable and recyclable forming materials, such as
steel forms or standard wood systems, where feasible.
49. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-5, the applicant /
contractor shall provide all necessary off-site parking for construction workers so as
to avoid employees and workers from parking in the project neighborhood and
surrounding residential streets.
50. Pursuant to EIR Mitigation Measure 3.10-6, the applicant/contractor shall direct and
control construction traffic to avoid using residential streets in the project vicinity for
construction activities.
51. 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, except as may be required by State Health
Code. )
52. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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-offwill be
required instead. The Environmental and Public Works Management Department
will set specific requirements. Building Permit plans shall show the required
installation.
53. Consistent with Conditions 36-38, 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 as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
54. The applicant shall submit an acoustical report which documents noise levels on
the site and identifies suitable construction techniques to provide interior noise
73
levels of 45 dB or less from exterior noise levels. A post-construction test shall
confirm the ability of the construction to achieve this interior noise level. Additional
sound insulation or other acoustical treatment shall be provided until this interior
noise level is achieved prior to issuance of a certificate of occupancy.
Miscellaneous Conditions
55. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking or
other actions.
56. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
57. 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 and Community
development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
58. 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 Management.
59. 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.
60. 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.
61. 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
62. 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.
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63. Within ten days of Planning Division transmittal of the Statement of Official Action,
project applicant shall sign and return a copy of the Statement of Official Action
prepared by the City Council, 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.
64. The approval of DR99-013 and CUP 01-016 shall expire if the rights granted are not
exercised within twenty-four (24) months from the 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 pursuant to the
requirements of Santa Monica Municipal Code section 8.08.060. A one-year
extension may be permitted for DR990-013 and CUP01-016 if approved by the
Director of Planning and Community Development. Applicant is on notice that time
extensions may not be granted if development standards relevant to the project
have changed since project approval.
65. 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
Development Review and Conditional Use Permits.
Monitoring of Conditions
66. 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 City Planning Division itself and other City divisions
and departments such as the Building Division, the Environmental and Public
Works Management Department, the Fire Department, the Police Department, the
Community and Economic Development Department and the Finance Department
are aware of project requirements which must be satisfied prior to issuance of a
Building Permit, Certificate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to their responsibilities.
Project owner shall demonstrate compliance with conditions of approval in a
written report submitted to the Planning Director and Building Officer prior to
issuance of a Building Permit or Certificate of Occupancy, and, as applicable,
provide periodic reports regarding compliance with such conditions.
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Special Conditions
67. Customers and visitors to the retail space will be provided with a minimum of one
hour free parking with validation.
68. Applicant will provide a parking, carpool and transit incentive program for
employees and residents of the building with the following components:
4. Applicant will actively encourage employee and resident participation in a
transportation ride-sharing program.
5. Applicant will implement a public transit fare re-imbursement program. This
program will provide for partial (50%) re-imbursement to 100% of the employees
of the property for public transit fare to and from the site.
6. Applicant will implement a publicity program explaining how the employees of
the project will be made aware of this program. This publicity program will be
implemented during the first month of occupancy of the project.
69. The applicant shall provide on-site information about the Big Blue Bus and Tide
Shuttle.
70. The applicant shall provide a bicycle parking area for residents, visitors, customers
and employees free of charge.
71. There shall be no commercial loading or unloading on public streets.
72. Delivery hours for the retail space shall be limited to the hours of 7:30 a.m. to 9:00
p.m., Monday through Saturday. Private trash pick-up shall be limited to the hours
of 7:30 a.m. to 10:00 p.m., Monday through Saturday.
73. The applicant shall post a notice in the residential lobby stating that the site is
regulated by Development Review Permit 99-013 and Conditional Use Permit 01-
016 and the Statement of Official Action, which includes the establishment's
conditions of approval, is available upon request. This notice shall remain posted
for the life of the project.
74. 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.
Affordable Housina Obliaation (effective Julv 21. 1998
75. 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
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107-unit development to provide either 11 very low cost affordable units or 22 low
cost affordable units 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$6.14 x 50 %. The
project's floor area as shown on the plans dated 2/12/02 is 123,496 square feet.
The project's affordable housing fee based on this floor area would be
$379,132.72. The fee will be recalculated prior to payment based on the actual
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.
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Conditions of Approval - DR 00-002 and CUP01-017 (East Project)
Plans
1. This approval is for those plans dated 2/12/02, 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, ~n^~„~;n^ h„+ nn~ limi~or! ~n firc~
flnnr hoinh~ limi~o~inn onr! ni imhor nf c~nr~i rorvi iiromon~c
3. Final parking lot layout and specifications shall be subject to the 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 from the approved
concept, including any change of use from the approved plans, shall require an
amendment to Development Review Permit 00-002 and 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.
Architectural Review Board
5. Any plans for final design of landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
6. 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.
7. 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.
8. The Architectural Review Board, in its review of the project's building design,
materials, colors and landscaping, shall pay particular attention to the project's
compatibility with the surrounding mix of commercial and multi family structures;
pedestrian orientation and amenities; scale and articulation of design elements;
~$
exterior colors, textures and materials; window treatment; glazing; exterior lighting
and landscaping.
9. Construction period signage shall be subject to the approval of the Architectural
Review Board.
10. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in that Part.
11. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. 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 (unless located within a
mechanical room).
12. No gas or electric meters shall be located within the required frontyard setback
areas. The Architectural Review Board in its review shall pay particular attention to
the location and screening of such meters.
Construction
13. 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.
14. 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.
15. Sidewalks, curbs, gutters, street or alley paving and driveways which, as a result of
the project, are substandard or need replacing or removal ~~ ~ ro~, ,~+ nf+ho nr,,;o~+
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
building permits.
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16. 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.
17. 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.
18. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
19. 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.
20. 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.
21. During the course of construction, the applicant will maintain communication with
the City to coordinate project construction with the City's public works projects to
the maximum extent possible without delaying the progress of the City's or
applicant's construction.
Fees
$o
22. 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
23. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
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 Services Department. No street trees shall be removed without the
approval of the Open Space Management Division. All trees in the public sidewalk
shall be mature trees when planted.
25. Immediately after demolition (and during construction), a securityfence, 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.
26. 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.
27. No demolition of buildings or structures 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.
28. Prior to issuance of any demolition permits, a demolition materials recycling plan
shall be filed for approval by the Department of Environmental and Public Works
Management which seeks to maximize the reuse/recycling of existing building
materials.
Environmental Mitigation
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29. Pursuant to EIR Mitigation Measure 3.1-1, to avoid building structures on soils that
are expansive within the first 12 inches, a 4-inch gravel cushion (below the slab)
shall be included in the building design. If, during construction, it can be verified
that at least 12 inches of non-expansive soils exist below the lowest garage slab,
the 4-inch gravel cushion may be omitted. In all cases the on-grade floor slab shall
be reinforced by a minimum of No. 4 bars, at 16" on center in two directions.
30. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-2, in order to provide
stable soils, measures, such as sloping all excavation banks at a gradient no
steeper than 1:1, in addition to standard soil stability control practices, shall be
implemented. Where there is insufficient space for sloped embankments, nor
practical to perform vertical and/or slot cutting, an embankment supporting system
shall be used. The most commonly used method is to install shoring (i.e., soldier)
piles along the embankment. If soldier piles are used, one of three systems shall
be used: (1) cantilever piles; (2) piles braced with tiebacks on the outside of
excavation; or (3) piles braced with rakers from the inside.
31. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-3, all fill shall be non-
expansive and free of organic and other deleterious substances. Fill soils shall be
placed in thin lifts and compacted to minimum 90% relative density based on the
ASTM D1557 standard. Pea gravel and well-graded sand/gravel mixture with 3/-
inch maximum size shall be used in lieu of soils to backfill the garage walls in areas
where the spacing between the walls and excavation banks is too narrow to perform
compaction therein. No density tests shall be required if the sand/gravel is vibrated
during placement under the observation of the project's soils engineer. All granular
material backfill shall be capped with 2.0 feet of relatively impervious compacted
soils to minimize surface water infiltration into the garage. In areas where the
garage walls are neither braced nor designed as free standing walls, the backfilling
of these walls shall not start until after the flat slab, which will serve as horizontal
diaphragm of the garage walls, has been poured and gained sufficient strength.
If the edge of backfilling is within 2.0 feet of public ways, only concrete slurry and
cohesive soils shall be used as backfilling. Sand and gravel shall not be used
within 2.0 feet of the public ways to avoid the introduction of cohesive soils into
future public works excavation.
32. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-4, in order to provide a
safe geologic environment, suitable for construction and operation of the proposed
structures, all cesspool and septic tanks, if encountered, shall be cleared and
backfilled with lean concrete mix (1.5 sacks/cubic yard).
33. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-5, in order to properly
support the column and wall loads of the proposed structures, they shall be
supported on conventional spread and continuous footings embedded at least 24
$2
inches into the natural soils. The following values shall be used for foundation
design:
Foundation Desiqn Wall Footinqs Column Footinqs
Vertical Bearing, psf (net) 4,500 5,000
Lateral Bearing, psf/ft. 300 300
Coefficient of friction 0.35 0.35
34. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-6, in order to provide a
total settlement of not more than 3/ inch and a differential settlement of not more
than '/4 inch, the foundation shall be supported as recommended in the final
geologic report (approved by the City) and loaded to the recommended maximum
pressure.
35. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-7, to minimize soil
erosion and/or slope instability during site preparation activities, temporary
drainage devices shall be installed at the top of excavation banks to divert water
away from the banks. Additionally, the project shall be compliant with Chapter 29 of
the CBC and Cal-OSHA regulations pertaining to excavation, trenching, and
shoring, and implementation of standard erosion control practices.
36. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-8, to avoid
contamination of groundwater during construction or operation of the project, a back
drain system, consisting of 4-inch perforated drainpipes or an equivalent system,
shall be placed above the footing level on the outside of subterranean walls. The
drainpipes shall be connected to sump pits that discharge into the City's storm drain
system. In area where there is insufficient space to install drainpipes behind the
garage walls, the drainage shall be provided by weep holes just above the footing
level.
37. Pursuant to EIR Mitigation Measure Mitigation Measure 3.1-9, design and
construction of the buildings shall be engineered to accepted industry standards to
withstand the expected ground acceleration that may occur at this site. The design
shall take into consideration the soil type, potential for liquefaction, and the most
current and applicable seismic attenuation methods that are available. All on-site
structures shall comply with applicable provisions of the Uniform Building Code and
the California Building Code, as amended by the City of Santa Monica.
38. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-1, the Applicant shall
design exterior building lighting that sheds light pools only on the project sites,
incorporating "cut-off" shields as appropriate to prevent an increase in lighting at
adjacent and nearby residential uses.
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39. Pursuant to EIR Mitigation Measure Mitigation Measure 3.6-2, 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.
40. Pursuant to EIR Mitigation Measure Mitigation Measure 3.7-1, the Applicant shall
designate in the parking plan that no more than 40% of the required residential
visitor spaces are assigned as compact spaces.
41. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-1, the Applicant shall
include mixed office paper, cardboard, scrap metal, newspaper, glass and plastic
bottles, and metal cans (aluminum and steel) generated from project operations in a
general facility recycling program, to be approved by the City.
42. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-2, the Applicant shall
maximize the use of products made from recycled materials. This may include
office, food service, and janitorial supplies, carpeting, paint, re-refined lubrication
oil, tire stops in parking lots and plastic lumber park benches.
43. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-3, public education
materials on waste prevention, recycling, used-oil recycling, re-refined oil,
hazardous waste reduction and management, composting and buying recycled
content products shall be displayed in the appropriate areas within the proposed
project.
44. Pursuant to EIR Mitigation Measure Mitigation Measure 3.8-4, the Applicant shall
provide the City with a recycling plan that identifies all programs to be utilized to
reduce solid waste generation and disposal by a minimum of 50%. The Applicant
shall provide this plan prior to final occupancy. The plan shall include, at a
minimum, upon concurrence of the City's Solid Waste Management Division, the
following items:
1. Description of all activities that will reduce solid waste generation by a
minimum of 50%.
2. Methodology for monitoring activities for program effectiveness/efficiency.
3. Compilation and provision of quarterly diversion updates/reports to the City,
which will occur 30 days after the end of each calendar quarter and will list the
amount of wastes disposed and recycled by tons.
4. Listing of solid waste/recycling/service providers utilized to provide
recycling/composting/waste reduction programs.
5. Annual evaluation of program submitted to the City's Solid Waste
Management Division.
45. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-1, the applicant shall
prepare a Construction Impact Mitigation Plan to be reviewed and approved by the
84
City prior to building permit issuance, and shall implement all identified measures
during the construction period, consistent with Condition #17.
46. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-2, any construction
equipment on the site must meet the following conditions in order to reduce NOx
emissions:
^ The engine size must be the minimum practical size
^ 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 pre-
combustion 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
^ Construction truck trips shall be scheduled, to the extent feasible, to occur
during non-peak hours
In addition, the following measures will be employed during construction activities to
reduce NOx emissions:
^ Use low-sulfur diesel fuel in all diesel equipment
^ Shut off engines when not in use
Construction activities must meet the following conditions in order to reduce dust
emissions:
^ 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 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 wheneverwind 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.
These requirements shall be included on all grading plans.
85
47. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-3, the developer shall
incorporate the following terms into the construction documents to be implemented
by contractors:
^ Comply with restrictions on construction, maintenance, or repair of buildings
and restrictions on demolitions of buildings, excavating, or grading specified
in the City of Santa Monica Municipal Code, Sections 4.12.130 and Section
4.12.140
^ Perform the following best management practices for noise control from
demolition or construction activities:
(1) Maximize the physical separation between noise generators and noise
receptors. Such separation includes, but is not limited to, the following measures:
provide enclosures for stationary equipment and barriers around particularly noisy
areas on the site or around the entire site; use shields, impervious fences, or other
physical sound barriers, to inhibit the transmission of noise to sensitive receptors;
and position stationary equipment to minimize noise impacts on the community.
(2) Require that all construction equipment engines be properly tuned and
muffled according to manufacturers' specifications.
(3) Select haul routes for the removal of excavation materials and transport of
building materials in conjunction with the City of Santa Monica such that noise-
sensitive (e.g., residential) areas are avoided.
(4) Neighbors within 500 feet of construction areas shall be notified of the
construction schedule in writing, prior to construction. The project sponsor shall
designate a"disturbance coordinator" who shall be responsible for responding to
any local complaints regarding construction noise. The coordinator (who shall be
an employee of the developer or general contractor) shall determine the cause of
the complaint and shall require that reasonable measures warranted to correct the
problem be implemented. A telephone number of the noise disturbance coordinator
shall be conspicuously posted at the construction site fence and on the notification
sent to neighbors adjacent to the site.
48. Pursuant to EIR Mitigation Measure Mitigation Measure Mitigation Measure 3.10-4,
the proposed project shall comply with the provisions of the City of Santa Monica
construction waste reduction ordinance. The following measures are required to
reduce construction and demolition waste generated by the proposed project:
^ The developer/contractor shall prepare and submit a demolition plan for
review and approval by the City. The plan shall include methods to
maximize salvage and recycling of building and landscape materials. The
86
plan shall include a recovery rate for each material type in the demolition
contract. The plan shall also include strategies for the salvage of any
reusable historic materials and reusable materials in good condition.
^ During construction and demolition activities, the contractor shall separate
for recycling all materials that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, wood waste, and clean fill.
^ The contractor shall schedule the removal of reusable and recyclable
materials prior to demolition to maximize recovery rate.
^ The contractor shall provide separate bins for all recyclables on site. Such
bins shall be labeled clearly in several languages or with universal symbols.
The contractor shall also provide orientation prior to the start of construction
for workers to train them to use the recycle bins provided. If there is
insufficient space on site, the contractor shall contract with a recycling
company to receive mixed loads for separation and recycling.
^ The contractor shall use pre-engineered or factory-cut material. Examples of
this type of material include, but are not limited to, factory trusses, laminated
and other engineered wood products, sheet metal cladding and roofing, 9-
foot gypsum board, pre-cut headers, and pre-assembled joist bridging. The
applicant shall also use reusable and recyclable forming materials, such as
steel forms or standard wood systems, where feasible.
49. Pursuant to EIR Mitigation Measure Mitigation Measure 3.10-5, the applicant /
contractor shall provide all necessary off-site parking for construction workers so as
to avoid employees or workers from parking in the project neighborhood and
surrounding residential streets.
50. Pursuant to EIR Mitigation Measure 3.10-6, the applicant/contractor shall direct and
control construction traffic to avoid using residential streets in the project vicinity for
construction activities.
51. 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, except as may be required by State Health
Code. )
52. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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-offwill be
required instead. The Environmental and Public Works Management Department
will set specific requirements. Building Permit plans shall show the required
installation.
53. Consistent with Conditions 36-38, 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 as white paper, computer paper, metal cans, and glass to be
recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4)
nature and extent of internal and external pick-up service; 5) pick-up schedule; 6)
plan to inform tenants/occupants of service.
54. The applicant shall submit an acoustical report which documents noise levels on
the site and identifies suitable construction techniques to provide interior noise
levels of 45 dB or less from exterior noise levels. A post-construction test shall
confirm the ability of the construction to achieve this interior noise level. Additional
sound insulation or other acoustical treatment shall be provided until this interior
noise level is achieved prior to issuance of a certificate of occupancy.
Miscellaneous Conditions
55. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking or
other actions.
56. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
57. 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 and Community
development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
58. 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 Management.
59. 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.
$$
60. 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.
61. 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.
89
Validity of Permits
62. 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.
63. Within ten days of Planning Division transmittal of the Statement of Official Action,
project applicant shall sign and return a copy of the Statement of Official Action
prepared by the City Council, 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.
64. The approval of DR00-002 and CUP 01-017 shall expire if the rights granted are not
exercised within twenty-four (24) months from the 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 pursuant to the
requirements of Santa Monica Municipal Code section 8.08.060. A one-year
extension of DR 00-002 and CUP 01-017 may be permitted if approved by the
Director of Planning and Community Development. Applicant is on notice that time
extensions may not be granted if development standards relevant to the project
have changed since project approval. Applicant is on notice that time extensions
may not be granted if development standards relevant to the project have changed
since project approval.
65. 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
Development Review and Conditional Use Permits.
Monitoring of Conditions
66. 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 City Planning Division itself and other City divisions
and departments such as the Building Division, the Environmental and Public
Works Management Department, the Fire Department, the Police Department, the
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Community and Economic Development 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 respon-
sible agencies are also informed of conditions relating to their responsibilities.
Project owner shall demonstrate compliance with conditions of approval in a
written report submitted to the Planning Director and Building Officer prior to
issuance of a Building Permit or Certificate of Occupancy, and, as applicable,
provide periodic reports regarding compliance with such conditions.
Special Conditions
67. Customers and visitors to the retail space will be provided with a minimum of one
hour free parking with validation.
68. Applicant will provide a parking, carpool and transit incentive program for
employees and residents of the building with the following components:
1. Applicant will actively encourage employee and resident participation in a
transportation ride-sharing program.
2. Applicant will implement a public transit fare re-imbursement program. This
program will provide for partial (50%) re-imbursement to 100% of the employees of
the property for public transit fare to and from the site.
3. Applicant will implement a publicity program explaining how the employees of
the project will be made aware of this program. This publicity program will be
implemented during the first month of occupancy of the project.
69. The applicant shall provide on-site information about the Big Blue Bus and Tide
Shuttle.
70. The applicant shall provide a bicycle parking area for residents, visitors, customers
and employees free of charge.
71. There shall be no commercial loading or unloading on public streets.
72. Delivery hours for the retail space shall be limited to the hours of 7:30 a.m. to 9:00
p.m., Monday through Saturday. Private trash pick-up shall be limited to the hours
of 7:30 a.m. to 10:00 p.m., Monday through Saturday.
73. The applicant shall post a notice in the residential lobby stating that the site is
regulated by Development Review Permit 00-002 and Conditional Use Permit 01-
017 and the Statement of Official Action, which includes the establishment's
conditions of approval, is available upon request. This notice shall remain posted
for the life of the project.
74. Prior to issuance of a building permit the applicant shall submit, for City review and
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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.
75. 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 26-
unit development to provide either 3 very low cost affordable units or 6 low cost
affordable units 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$6.14 x 50%. The
project's floor area as shown on the plans dated 02/12/02 is 28,056 square feet.
The project's affordable housing fee based on this floor area would be $86,131.92.
The fee will be recalculated prior to payment based on the actual 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.
Conditions of Approval - Vestinq Tentative Parcel Map
1. 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.
2. 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.
3. The tentative map shall expire 24 months after approval, except as provided in the
provisions of California Government Code Section 66463.5 (parcel map) and
Sections 9.20.18.010 of the Santa Monica Municipal Code (SMMC). During this
time period the final map shall be presented to the City of Santa Monica for
approval. The final map shall be approved by the Santa Monica City Council and
recorded prior to the issuance of a building permit.
4. 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.
5. 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 SMMC
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Section 9.20.20.020 and in the case of condominiums, contain such provisions as
are required by SMMC Section 9.04.16.01.030(e).
6. The form, contents, accompanying data, and filing of the final parcel map shall
conform to the provisions of SMMC Sections 9.20.12.010 through 9.20.12.080 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.
7. 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 a building
permit, pursuant to Government Code Section 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.
8. A copy of the recorded map shall be provided to the City Planning Division before
issuance of a Certificate of Occupancy.
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