Loading...
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: ._---; A ~ /may Y Yr /~°> ~.... Eileen P. Fogarty, Director L/ Rod Gould Planning & Community Development City Manager Attachments: A. Statement of Official Action 1 ATTACHMENT A STATEMENT OF OFFICIAL ACTION 2 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. 3 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- 4 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 5 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 6 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 7 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 8 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 9 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. 10 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. 11 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. 12 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... 13 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. 14 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. 15 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. 16 • 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 17 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; 18 • 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. 19 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. 20 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: 21 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 22 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. ~1 ~-~-~-~:~1.~ ~o .._ . Q- 1- rte. c t MARIA M. STE RT, City Clerk Date F:\CityPlanning\Share\COUNCIL\STOAS12010110APP005 STOA (301 Ocean Ave).doc 23