sr-011111-3c~r
~;,Yof City Council Report
Sania Monlca®
City Council Meeting: January 11, 2011
Agenda Item: ~'~~
To: Mayor and City Council
From: Eileen P. Fogarty,: Director of Planning and Community Development
Subject: Statement of Official Action Denying the Appeal of the Planning
Commission's Approval of a Mitigated Negative Declaration, Development
Review Permit, and Variance for the Property Located at 301 Ocean
Avenue
Recommended Action
Staff recommends that the City Council approve the attached Statement of Official
Action denying Appeal 10APP005 and upholding the decision of the Planning
Commission to approve a Mitigated Negative Declaration, Development Review Permit
10-001, and Variance 10-008 to allow the construction of a 20-unit condominium project
located at 301 Ocean Avenue.
Executive Summary and Discussion
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 10APP005. After holding a public hearing on November 9. 2010, the City
Council denied Appeal 10APP005 and upheld the Planning Commission's approval of
the proposed project. The City Council's decision was based upon the findings and
conditions contained in the attached Statement of Official Action.
Financial Impacts & Budget Actions
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared by: Tony Kim, Senior Planner
Approved: Forwarded to Council:
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A ~ /may
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Eileen P. Fogarty, Director L/ Rod Gould
Planning & Community Development City Manager
Attachments: A. Statement of Official Action
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ATTACHMENT A
STATEMENT OF OFFICIAL ACTION
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PROJECT INFORMATION
CASE NUMBERS: Development Review Permit 10-001, Variance 10-008
LOCATION: 301 Ocean Avenue
APPLICANT: 301 Ocean Development LLC
APPELLANT: Citizens in San Vicente -Ocean Avenue Neighborhood
PROPERTY OWNER: 301 Ocean Development LLC
CASE PLANNER: Tony Kim, Senior Planner
REQUEST:. Development Review Permit (10DR-001) to construct a
new three and four-story, 20-unit condominium complex
consisting of three buildings oriented around a central
courtyard with two levels of subterranean parking; and
Variance (10VAR008) to allow the second and third floor
parcel coverages to exceed the limits set forth by the
Municipal Code:
CEQA STATUS: An Initial Study ! Mitigated Negative Declaration
(iS/MND) was prepared and adopted by the City Council
on November 9, 2010. A Notice of intent for the Draft
IS/MND was posted fora 30-day public comment period.
The City Council adopted Resolution 10544 (City Council
Series) on November 9; 2010 making the necessary
findings to approve. the project and: adopt the Mitigated
Negative Declaration and Mitigation Monitoring Program.
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CITY COUNCIL ACTION
November 9, 2010 .Determination Date
Appeal denied and Planning Commission approval of
Development Review Permit 10-001 and Variance 10-008
upheld based on the following findings and subject to the
X conditions below:
Appeals upheld and Planning Commission approval reversed
based upon the following-findings:
Other:
EFFECTIVE DATES OF ACTIONS November 9, 2010
EXPIRATION DATE OF ANY PERMITS November 9, 2012
GRANTED:
LENGTH OF ANY POSSIBLE 12 months
EXTENSION OF EXPIRATION DATES*:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
Each and all of the findings and determinations are based on the competent and
substantial 'evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
FINDINGS:
DEVELOPMENT REVIEW FINDINGS
1. The physical .location, .size, 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, in that the
proposed condominium project will consist of three separate buildings located
around a central courtyard that will be accessible from both Ocean Avenue and
San Vicente Boulevard. The separation of the three buildings reduces the scale
of the project,. and the openings into the. courtyard along with the additional upper
.level building stepbacks along Ocean Avenue and San Vicente Boulevard
provide for an articulated project compatible with- he surrounding buildings in the _
neighborhood. While the development stantlards for the R4 district allow for four-
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story buildings, the building located along San Vicente Boulevard will consist of
three stories. The reduced fourth story footprint and lower building height along
San Vicente Boulevard allows for a project that appropriately transitions in height
between. the adjacent residential buildings. Garden terraces and open balconies
along both street frontages. create a pedestrian environment that relate
harmoniously to the surrounding residential neighborhood; and extensive
landscaping. throughout the project also contributes to the residential scale of the
surrounding area. In addition, the Spanish Revival style of the project utilizing
white plaster and the work fits into the eclectic design styles of the surrounding
residential buildings and reflects upon older Spanish courtyard homes found
throughout the City.
2. The .rights-of-way can accommodate autos and pedestrians, including parking
and access, in that the project site is located along Ocean Avenue and San
.Vicente Boulevard which provide vehicular and pedestrian access to the site. In
addition, access to the site and the subterranean parking is available for autos
ahd pedestrians from First Court alley. 43 parking spaces will be provided in the
subterranean garage including four guest parking spaces.
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 subject
property is located within a developed urbanized environment that is adequately
served by existing health and safety services, infrastructure, and public utilities
and services. The proposed 20-unit project will replace an existing 47-unit
building and is not anticipated to create a need for additional utilities or services.
4. The project is generally consistent with the Municipal Code and General Plan, in
that except for the Variance request for the additional parcel coverage on the
second and third floors, all other aspects of the project will be designed to meet
the development standards within the Municipal Code. Objective 1.10 of the Land
Use Element calls for expanding the opportunity for residential land use while
protecting the scale and character of existing neighborhoods. Policy 1.10.1
encourages the development of new housing in-all residential districts while still
protecting the character and scale of neighborhoods. The proposed project will
provide twenty residential units of which five will be affordable housing units for
qualified moderate-income households. Reduced parcel coverage on the fourth
floor will create a project that is more compatible in scale and character with the
existing surrounding neighborhood. The provision of an expansive central
courtyard accessible from. both Ocean Avenue and San Vicente Boulevard along
with upper .level building stepbacks will ...provide for an articulated project
compatible with the surrounding buildings in the neighborhood and allow for a
project that appropriately transitions in height between the adjacent residential
buildings.
5. Reasohable mitigation measures have been included, for all adverse impacts
identified in the Initial Study /Mitigated Negative Declaration, in that a Mitigation
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Monitoring and Reporting Program (MMRP) is required for projects that. require
changes or adopt mitigation measures to avoid significant environmental effects.
The primary purpose of the MMRP is to ensure that the mitigation measures
identified in the Final MND are implemented, thereby minimizing identified
environmental effects. The proposed MMRP includes identification of the method
of verification of compliance, the timing during which the measure should be
implemented, the frequency of the monitoring, and the enforcement/
monitoring/reporting agency. Mitigation measures related to construction effects,
neighborhood effects, and noise have been incorporated into the MMRP to
ensure that there will be no significant impacts upon the environment. There is no
substantial evidence in the administrative record supporting a fair argument that
the Project may have significant impacts on the environment and therefore
preparation of an EIR is not required for this Project.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the
property involved, including size; shape, topography, location, or surroundings, or
to the, intended use or development of the property that do not apply to other
properties in the vicinity under an identical zoning classification. Specifically, the
curved triangular shape of the subject .property is unique to other standard
rectilinear-shaped properties in the general area. The front of the property is
located along Ocean Avenue while the large curved expanse along San Vicente
Boulevard is considered a side of the property. The requirements for additional
building articulation and stepbacks along the street necessitates the reallocation
of parcel coverage elsewhere on the property while maintaining the project's
.compatibility in mass and scale to adjacent existing residential buildings.
2. The granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
.located in that the additional parcel coverage on the second and third floors
would result in reduced parcel coverage on the fourth floor creating a project that
is more compatible in mass and scale with the surrounding buildings and uses.
The additional parcel coverage on the second and third floors would result in a
decreased fourth floor footprint allowing the fourth floor to be located further
setback from the street and thereby reducing the visible mass and scale of the
project. The provision of an expansive central courtyard accessible from both
Ocean Avenue and San Vicente Boulevard would not be affected by the.
additional parcel coverage on the second and third floors. The courtyard and the
upper level building stepbacks provide for an articulated project compatible with
the surrounding buildings in the neighborhood and allow for a project that
appropriately transitions in height between the adjacent residential buildings.
3. The strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships- in than that due to existing parcel constraints and the
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placement of adjacent uses, practical difficulties or unnecessary hardships would.
result. in attempting to create a project compatible in mass and scale to existing
two and three story buildings in the general area. The curved triangle shape of
the parcel and large expanse of the side elevation along San Vicente Boulevard
requires additional building articulation and stepbacks along the street and
thereby necessitating the reallocation of parcel coverage elsewhere on the
property. The strict application of the parcel coverage limits on the second and
third floor would result in increased building mass on the fourth floor resulting in a
project design that is incompatible with the neighborhood in terms of mass and
scale and would not adequately transition in height with the surrounding
buildings.
4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies of
the General Plan. Specifically, Objective 1.10 calls for expanding the opportunity
for residential land use while protecting the scale and character of existing
neighborhoods. Policy 1.10.1 encourages the development of new housing in all
residential districts while still protecting the. character and scale of
neighborhoods. The granting of a variance to allow the second and third floor
parcel coverages to exceed the limits set forth by the Municipal Code would
result in reduced parcel coverage on the fourth floor creating a project that is
more compatible in scale and character with the existing surrounding
neighborhood. The provision of an expansive central courtyard accessible from
both Ocean Avenue and San Vicente Boulevard would not be affected by the
additional parcel coverage on the second and third floors. The courtyard and the
upper level building stepbacks provide for an articulated project compatible with
the surrounding buildings in the neighborhood and allow for a project that
appropriately transitions in height between the adjacent residential buildings.
5. The variance would not impair the integrity and character of the district in which it
is to be located in that the additional parcel coverage on the second and third
floors would-result in reduced parcel coverage on the fourth floor creating a
project that is more compatible in mass and scale with the surrounding buildings
and uses. The district in vdhich the subject project is located includes building
ranging between two stories in height td multi-story high-rise towers. The
additional parcel coverage on the second and third floors would result in a
decreased fourth floor footprint allowing the fourth floor to be located further
setback from the street and thereby reducing the visible mass and scale of the
project. The provision of an expansive central courtyard accessible from both
Ocean Avenue and San Vicente Boulevard would not be affected by the
additional. parcel coverage on the second and third floors. The courtyard and the
upper level building stepbacks provide for an articulated project compatible with
the surrounding buildings in the neighborhood and allow for a project that
appropriately transitions in height between the adjacent residential buildings.
6. The subject site is physically. suitable for the proposed variance in that the
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subject parcel is a standard-sized parcel located within an urbanized area
adequately served by existing roadways and infrastructure. The property is
physically able to accommodate the proposed development with the additional
parcel coverage on the second and third floors while still providing enough space
for a central courtyard and adequate setbacks. The property is relatively level
.and has been previously developed with a 47-unit apartment complex.
7. There are adequate provisions for water, sanitation, and .public utilities and
services to ensure that the proposed variance would not be detrimental to public
health and safety in that the subject property is located within a developed
urbanized environment that is .adequately served by existing infrastructure, public
utilities and services. The property has been previously developed with a 47-unif
apartment complex, and it is not anticipated that approval of the subject
application fora 20-unit complex with additional parcel coverage on the second
and third floors will create a need for additional utilities or services.
8. There will be adequate provisions for public access to serve the subject variance
proposal in that adequate pedestrian and vehicular access will be available from
Ocean Avenue, San Vicente Boulevard, and First Court alley. Bus stops are also
located within close proximity to the subject site.
9. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
existing parcel constraints and the placement of adjacent uses, practical use or
enjoyment of the subject. parcel would not be possible. The curved triangle shape
of the parcel and large expanse of the side elevation along San. Vicente
Boulevard requires additional building articulation and stepbacks along the street
and thereby necessitating the reallocation of parcel coverage elsewhere on the
property. The strict application of the parcel coverage limits on the. second and
third floor would result in increased building mass on the fourth floor resulting in a
project design .that is not compatible in mass and scale to the surrounding
neighborhood and would affect the viability ofthe subject project.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Administrative
1. The Planning Commission's approval, conditions of approval, or denial of this
application may be appealed to the City Council if the appeal is filed with the
Zoning Administrator within fourteen consecutive days following the date of-the
Planning Commission's determination iri the manner provided in Part 9.04.20.24,
Sections. 9.04.2024.010 through 9.04.20.24.040. An appeal of the approval,
conditions of approval, or denial of a subdivision map must be filed with the City
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Clerk within ten consecutive days following the date of Planning Commission
determination in the manner provided in Part 9.20.14, Section 9.20.14.070. Any
appeal must be made in the form required by the Zoning Administrator. The
approval of this permit shall expire if the rights granted are not exercised within
two years from the permit's effective date. Exercise of rights shall mean
issuance of a building permit to commence construction.
2. Pursuant to SMMC Section g.04.10.02.450(d), if the Building Official determines
that another building permit has been issued less than fifteen months prior to the
date on which the building permit for this project has received all plan check
approvals and none of the relevant exceptions specified in 9.04.10.02.450(c) and
(e) apply, the Building Official shall place the project on a waiting list in order of
the date and time of day that the permit application received all plan check
approvals, and the term of this approval and other City approvals or permits
necessary to commence the project shall be automatically extended by the
amount of time that a project remains on the waiting list. However, the permit
shall also expire if the building permit expires, if final inspection is not completed
or a Certificate of Occupancy is not issued within the time periods specified in
SMMC Section 8.08.060. One one-year extension may be permitted if approved
by the Director of Planning. Applicant is on notice that-time extensions shall not.
be granted if development standards or the development process relevant to the
project have changed since project approval. Extension requests to a subdivision
map must be approved by the Planning Commission.
3. The tentative map shall expire. 24 months after approval, except as provided in
the provisions of California Government Code Section 66452.6 and Subchapter
9.20:18 of the Santa Monica Municipal Code.. During this time period the final
map shall be presented to the City of Santa Monica for approval. No building
permit for the project will be granted until such time as the final map is approved
by the Santa Monica City Council
4. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement. of Official
Action prepared by the City Planning Division, agreeing to the conditions of
approval and acknowledging that failure to comply with. such conditions shall
constitute grounds for potential revocation of the permit approval. By signing
same; applicant shall not thereby waive .any. legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned #o the City
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
5. 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
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promptly when a building permit is issued for the project or upon expiration of the
Design Compatibility Permit.
6. 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.
7. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica: Applicant is responsible for obtaining any
such permits.
Conformance with Approved Plans
8. This approval is for those plans dated August 4, 2010, 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
9. Minor amendments to the plans shalt be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission .Review. Construction shall be in conformance with the
plans submitted or as modi#ied by the Planning Commission, Architectural
Review Board or Director of Planning.
10. Project plans shall be subject to complete Code Compliance review when the
building plans are submitted for plan check and. shall comply with all applicable
provisions of Article IX of the Municipal Code and all other pertinent ordinahces
and General Plan policies of the City of Santa Monica prior to building permit
issuance.
Affordable Housing Obligation
11. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is
subject to the City's Affordable Housing Production Program which requires the
proposed 20-unit condominium development to provide twenty-five (25) percent
of the units affordable to moderate income households- on-site or five (5) units.
The applicant will satisfy this affordable housing obligation by providing five (5)
two-bedroom moderate income oh-site ownership units pursuant to SMMC
Section 9.56.050(b). Prioritization of potential .occupants of the affordable
housing. unit(s) shall be in accordance with the Affordable Housing Production
Program Ordinance Guidelines.
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Fees
12. 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.
13. Prior to.issuance of a condominium license, the developer shall- provide for the
payment of a Condominium Tax of $1,000 per planned salable unit pursuant to
Chapter 6.76 of the Santa Monica Municipal Code.
14. No building permit shall be issued for the project until the developer complies
with the requirements of Part 9.04.10.20 of the Santa Monica Municipal Code,
Private Developer Cultural Arts Requirement.
If the developer elects to comply with these requirements by providing on-site
public art work or cultural facilities, no final City approval shall be granted until
such time as the Director of the .Community and Cultural Services Department
issues a notice of compliance in accordance with Part 9.04.10.20.
15. No building permit shall be issued for the project until the developer complies
with the requirements of Chapter 9.72 of the Santa Monica Municipal Code, the
Child Care Linkage Program.
Mitigation Monitoring Program
16. 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 noY limited to; ensuring that the City Planning Division. itself and
other City divisions and departments such as the Building and Safety Division,
the Department of Environmental and Pubic Works, the Fire Department, the
Police Department, the Planning and Community 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 responsible agencies are also informed of conditions
relating to their responsibilities. Project owner shat(demonstrate compliance with
conditions of approval in a written report submitted to the Plahning 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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Construction Effects
• Construction Impact Mitigation Plan., The .applicant. shall prepare,
implement, and maintain a Construction Impact Mitigation Plan which shall be
designed to
o Prevent material traffic impact on the surrounding roadway network.
o Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable.
o Ensure safety for both those constructing the project and surrounding
community.
o Prevent substantial truck traffic through residential neighborhoods.
• The Construction Impact Mitigation Plan shall be subject to review and
approval by-the following City departments: Public Works Department, Fire,
Planning and Community Development, and Police to ensure that the Plan
has been designed in accordance with this Mitigation Measure. This review
shall occur prior to commencement of any construction staging for the project.
It shall at a minimum include the following:
e Ongoing Requirements Throughout the Duration of Construction
o A detailed traffic control plan for work zones shall be maintained. At a
minimum, this shall include: parking and travel lane configuration; warning,
regulatory, guide, and directional signage; and. area sidewalks, bicycle
lanes, and parking lanes. The plan shall include specific information
regarding the .project's construction activities that may disrupt normal
pedestriari and traffic flow and the measures to address these disruptions.
Such plans shall be reviewed and approved by the Transportation
Management Division .prior to commencement of construction and
implemented in accordance with this approval
o Work within the public right-of-way shall be performed between 9:00 a.m.
and 4:00 p.m. This work included dirt and demolition materials hauling and
construction material delivery. Work within the public right-of-way outside
of these hours shall only be allowed after the issuance of an after-hours
construction permit.
o .Streets and equipment shall be cleaned in accordance with established
PW requirements.
o Trucks shall only travel on aCity-approved construction route. Truck
queing/staging shall not be allowed on Santa Monica streets. Limited
queing may occur on the construction site itself.
o Materials and equipment shall be minimally visible to the public; .the
preferred location for materials is to be onsite, with a minimum amount of
materials within a work area in the public right-of-way; .subject to current
Use of Public Property Permit.
o Any requests for work before or after normal construction hours with the
public right-of-way shall be subject to review and approval through the
After Hours Permit process administered by the Building and Safety
Division.
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o Provision of off-street parking for construction workers, which may include
the use of a remote location with shuttle transport to the site, if determined
necessary by the City of Santa Monica:
• Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction
o The applicant shall advise the traveling public of impending construction
activities (e.g., information signs, portable message signs, media
listing/information, and implementation of an approved traffic control plan).
o The applicant shall obtain a Use of Private Property Permit, Excavation
Permit, Sewer Permit, or Oversize Load Permit, as well as Caltrans
Permits required, for any construction work requiring encroachment into
public right-of-way, detours, or any other work within the public right-of-
way.
o The applicant shall provide timely notification of construction schedules to
all affected agencies (e.g., Big Blue Bus, Police Department, Fire
Department, Public Works Department, and Planning and Community
Development Department) and to all owners and residential and
commercial tenants of property within a radius of 500 feet.
o The applicant shall coordinate construction work with affected agencies in
advance of start of work. Approvals may take up to two weeks per each
submittal
o The applicant shall obtain Transportation Management Division approval
of any haul routes for earth, concrete, or construction materials and
equipment hauling.
• Diesel Equipment Mufflers. All diesel equipment shall be operated with
closed engine doors and shall be equipped with factory recommended
mufflers.
• Electrically-Powered Tools. Electrically powered tools shall be used to run
air compressors and similar powered tools.
• Restrictions on Excavation and Foundation/Conditioning. Excavation,
#oundation-laying, and conditioning activities (the noisiest phases of
construction) shall be restricted to between the hours of 10:00 a.m. and 3:00
p.m., Monday through Friday, in accordance with Section 4.12.110(d) of the
Santa Monica Municipal Gode.
® Additional Noise Attenuation Techniques. For all noise-generating
construction activity on the .project site, additional- noise attenuation
techniques shall be employed as necessary to reduce noise levels to City of
Santa Monica noise standards. Such techniques may include the use of
sound blankets on noise generating equipment and the construction of
temporary sound barriers between construction sites and ,nearby sensitive
receptors.
® Construction Sign Posting. In accordance with Municipal Gode Section
4.12.120, the project applicant. shall post a sign informing all workers and
subcontractors of the-time restrictions for construction activities. The sign
shall also include the City telephone numbers where violations can be.
reported and complaints associated with construction noise can be submitted...
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Cultural Resources
17. If any archaeological remains are uncovered during excavation or construction,
work in the affected area shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at project's owner's expense.
A determination shall then be made by the Director of Planning to determine the
significance of the survey findings and appropriate actions and requirements, if
any, to address such findings.
CG&Rs
18. Prior to issuance of building permits, Condominium Association By-Laws and a
Declaration of CC&R's shall be reviewed and approved by the City Attorney. The
CC&R's shall contain anon-discrimination clause as presented in SMMC Section
9.20.20.020 and such provisions as are required by SMMC Section
9.04.16.01.030(d) and (e).
Project Operations
19. 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.
20. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Final Design
21. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
22. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
23. The existing mature trees shall be preserved in their present location on site,
relocated to a specific location on site o~ replaced with specimen trees to the
satisfaction of the Architectural Review Board.
24. In addition to other landscapingrequirements, the Architectural Review Board, in
- its review, shall ensure that at least 50% of the unexcavated side yard setback
area (s) shall be adequately landscaped.
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25. Landscaping plans shall comply with Subchapter 9.04.10.04 {Landscaping
Standards) of the Zoning Ordinance including use of water-conserving
landscaping materials, landscape maintenance and other standards contained in
the Subchapter.
26: Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130, 140, and 150. Refuse areas
shall be of a size adequate to meet on-site need, including. recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical. equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Architectural Review Board, rooftop mechanical equipment shall
be located at least five feet from the edge of the roof. Except for solar hot water
heaters, no residential water heaters shall be located on the roof.
27. No gas or electric meters shall be located within the required front or street side
yard setback areas. The Architectural Review Board in its review shall pay
particular attention to the location and screening of such meters.
28. 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.
29: As appropriate, the Architectural Review Board shall require the use of anti-
graffiti materials on surfaces likely to attract graffiti.
30. The Architectural Review Board, in its review, shall pay particular attention to the
appropriateness of the architectural style and aesthetic given the project location
and its surroundirigs, the era of its construction, and the gateway location of the
subject property into the City.
31. The Architectural Review Board, in its review, shall pay particular attention to the
street facing building elevations along San Vicente. Boulevard and Ocean
Avenue.
32. The Architectural. Review Board, in its review, shall pay particular attention to the
appropriateness, pedestrian orientation, scale, and compatibility of the gates
along San Vicente Boulevard and Ocean Avenue leading to the central
courtyard.
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33. The Architectural Review Board, in its review, shall pay particular attention to the
landscaping to ensure that adequate soil depth and area are provided for all.
plantings. In addition, adequate landscaping shall be located along First Court
alley in order to provide an appropriate transition and buffer between the subject
project and the adjacent buildings to the east.
Construction Plan Requirements
34. 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.
Demolition Requirements
35. 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.
36. Prior to issuance of a demolition permit, applicant shall prepare for Building
Division approval a rodent and pest control plan to insure that demolition and
construction activities at the site do not create pest control impacts on the project
neighborhood.
Construction Period
37. During demolition, excavation, and construction, this project shall comply with
SCAQMD Rule 403 to minimize fugitive dust and associated particulate
emission, including but not limited to the following:
• Ali material excavated or graded shall be sufficiently watered to
prevent excessive amounts of dust. Watering shall occur at least three
times daily with complete coverage, preferably at the start of the day,
in the late morning, and after work is done for the day.
• All grading, earth moving, or excavation activities shall cease during
periods of high winds (i.e., greater than 20 mph measured as
instantaneous wind gusts) so as to prevent excessive amounts of dust.
• All material transported on and off-site shall be securely covered to
prevent excessive amounts of dust.
• Soils stockpiles shall be covered.
• Onsite vehicle speeds shall be limited to 15 mph.
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• Wheel washers shall be installed where vehicles enter and exit the
construction site onto paved roads or wash off trucks and any
equipment. leaving the site each trip.
• An appointed construction relations officer shall act as a community
liaison concerning onsite construction activity including resolution of
issues related to PM~o generation.
• Streets shall be swept at the end of the day using SCAQMD Rule 1186
certified street sweepers or roadway washing trucks if visible soil is
carried onto adjacent public paved roads (recommend water sweepers
with reclaimed water).
• All active portions the construction site shall be sufficiently watered
three times a day to prevent excessive amounts of dust.
38. Immediately after demolition. and during construction, a security fence, the height
of which shall be the maximum permitted by the Zoning Ordinance, shall be
maintained around the perimeter of the lot. The lot shall be kept clear of all trash,
weeds, eta
39. Vehicles hauling dirt or other construction debris from the site shall cover any
.open- load with a tarpaulin or other secure covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general contractor
shall provide. the City of Santa Monica with written certification that all trucks
leaving the. site are covered in accordance with this condition of approval.
40. Developer shall prepare a notice, subject. to .the review by the Director of
Planning and Community Development, that lists all construction mitigation
requirements, permitted hours of construction, and identifies a contact person at
City Hall as well as the developer who will respond to complaints related to the
proposed. construction. The notice shall be mailed to property owners and
residents within a 200-foot radius from the subject site at least five (5) days prior
to the start of construction.
41. 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 hall also indicate the hours
of permissible construction work.
42. 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.
Standard Conditions
43. Lofts or mezzanines shall not exceed 33.3% of the: room below unless
compliance with the district's limits on number of stories can be maintained. Lofts
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or mezzanines located in studio units shall not exceed 99 square feet unless
parking in compliance with Zoning Ordinance requirements is provided.
44. No fence, gate, or wall within the required front yard setback; inclusive of any
subterranean garage slab and fencing, gate, or railing on top thereof, shall
exceed a height of 42" above actual grade of the property.
45. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot, unless otherwise permitted
by applicable regulations. Roof locations may be used when the mechanical
equipment is installed within asound-rated parapet enclosure.
46. 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.
47. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
48. Prior to issuance of a building permit, a copy of the recorded map shall be
provided to the City Planning Division.
49. Prior to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums.
50. Construction period signage shall be subject to the approval of the Architectural
Review Board.
51. The property owner. shall insure any graffiti on the site is promptly removed
through compliance with the City's graffiti removal program.
PUBLIC WORKS DEPARTMENT (PW)
Drainage
52. To mitigate storm water and surface runoff from the project site, an Urban Runoff
Mitigation Plan. may be required by the Department of Public Works pursuant to
Municipal Code Chapter 7.10: Prior to submittal of landscape plans for
Architectural Review Board approval, the applicant shall contact Public Works to
determine applicable requirements, which include the following:
• Non-stormwater runoff, sediment and construction waste from the
construction site and parking areas is prohibited from leaving the site;
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• An sediments or materials which are tracked off-site must be removed the
same day they are tracked off-site;
• Excavated soil must be located on the site and soil piles should be covered
and otherwise protected so that sediments do not go into the street or
adjoining properties;
• Washing of construction or other vehicles shall be allowed adjacent to a
construction site. No runoff from washing vehicles on a construction site shall
be allowed to leave the site;
• Drainage .controls may be required depending on the extent of grading and
topography of the site; and
• New development is required to reduce projected runoff pollution by at least
twenty percent through incorporation of design elements or principles, such
as increasing permeable surtaces, diverting or catching. runoff via swales,
berms, and the like; orientation of drain gutters towards permeable areas;
modification of grades; use of retention structures and other methods.
53. Automotive repair facilities and dealerships, parking areas and structures,
automotive paint shops, gas stations, equipment degreasing areas, and other
facilities generating wastewater with significant oil and grease content are
required to pretreat these wastes before discharging to the City sewer or storm
drain system. Pretreatment will require that a clarifier or oil/water separator be
installed and maintained on site. In cases where settleable solids are present (or
expected) in greater amounts than floatable oil and grease, a clarifier unit will be
required. In cases where the opposite waste characteristics are present, an
oil/water separator with automatic oil draw-off will be required instead. The
Public Works Department will set specific requirements. Building permit plans
shall show the required installation.
Hazardous Materials
54. Prior to the demolition of any existing structure, the applicant shall submit a
report from an industrial hygienist to be reviewed and approved as to content and
form by the Public Works /Environmental Programs Division. .The report shall
consist of a hazardous materials survey for the structure proposed for demolition.
The report shall include a section on asbestos and in accordance with the South
Coast AQMD Rule 1403, the asbestos survey shall be performed by. a state
Certified Asbestos Consultant (CAC). The- report shall include a section on lead,
which shall be performed by a state Certified -Lead Inspector/Assessor.
Additional hazardous materials to be considered by the industrial hygienist shall
include: mercury (in thermostats~''switches, fluorescent light); polychlorinated
biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.
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Streets
55. Unless otherwise approved by the ,Department of Public Works, all sidewalks
shall be kept clear and passable during the grading and construction phase of
the project.
56. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal
as a result of the project as determined by the Department bf Public Works shall
be reconstructed to the satisfaction of the Department of Public Works. Approval
for this work shall be obtained from the Department of Public Works prior to
issuance of the building permits.
57. 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 Public Works.
Off-site
58. 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.
59. 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.
Environmental Mitigation
60. To mitigate solid-waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Department of Public Works 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; and
6) Plan to inform tenants/ occupants of service.
61: Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon
.urinals and low flow shower heads.
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Construction Period Mitigation
62. A construction period mitigation plan shall be prepared by the applicant for
approval by the Department of Public Works 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, including
measures to limit the duration of idling construction trucks;
12) Describe construction-period security measures including any fencing,
lighting, and security personnel;
13) Provide a drainage plan; '
14) Provide aconstruction-period parking .plan which shall minimize use of
public streets for parking;
15) Lista designated on-site construction manager;
16) Provide a construction materials recycling plan which seeks to maximize
the reuse/recycling of construction waste;
17) Provide a plan regarding use of recycled. and low-environmental-impact
materials in building construction; and
18) Provide a construction period water runoff control plan.
Final Map Requirements
63. In submitting required materials to the Santa Monica Civil Engineering and
Architecture Division for a final. map, applicant shall provide a copy of the
approved Statement of Official Action:
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64. The form, contents, accompanying data, and filing of the final subdivisioh map
shall conform to the provisions of SMMC Sections 9.20.12.010 through
.9.20.08.090 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.
65. One mylar and one blue-line copy of the final map shall be provided to and
recorded with the Los Angeles County Recorder prior to issuance of any building
permit .for a condominium project pursuant to Government Code Section
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.
66. Prior to approval of the Final Map, the requirements of Santa Monica Municipal
Code Section 9.04.10.16.010 (d) shall have been met.
Open Space Management
67. 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 Public Landscape Division of the Community Maintenance
Department and the City's Tree Code (SMMC Chapter 7.40). No street trees
shall be removed without the approval of the Public Landscape Division.
Fire
68. A security gate shall be provided across the opening to the subterranean garage.
If any guest parking space is located in the subterranean garage, the security
gate shall be equipped with. an electronic or other system which will open the
gate to provide visitors with vehicular access to the garage without leaving. their
vehicles., The security gate shall receive approval of the Police and. Fire
Departments prior to issuance of a building permit.
VOTE
Ayes: Councilmembers Bloom, Davis, Holbrook, O'Day, Mayor Pro Tem
O'Connor, Mayor Shriver
Nays: None
Abstain: Councilmember McKeown
Absent: None
M1}OTICE
If this is a-final decision not subject to further appeal- under the City of Santa Monica
Comprehensive and Zoning Ordinance,- the time within which judicial .review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
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provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
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~-~-~-~:~1.~ ~o .._ . Q- 1- rte. c t
MARIA M. STE RT, City Clerk Date
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