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SR 06-25-2019 3I City Council Report City Council Meeting: June 25, 2019 Agenda Item: 3.I 1 of 2 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Approval of Statement of Official Action Denying Appeal No. 18ENT -0312 and Approving Development Review Permit No. 15ENT -0297 for 1921 Ocean Front Walk Recommended Action Staff recommends that the City Council approve Statement of Official Action denying Appeal 18ENT-0312 and approving Development Review Permit 15ENT-0297 for a new four-story, mixed-use residential and commercial project located at 1921 Ocean Front Walk. Discussion On April 23, 2019, the City Council held a public hearing to consider Appeal 18ENT - 0312 of the Planning Commission’s approval of Development Review Permit (DRP) 15ENT-0297 for a new four-story mixed-use residential and commercial building with 22 residential units, 4,000 square-feet of ground floor commercial tenant space, and 56 parking spaces located in a subterranean parking garage. The Council denied the appeal of the Planning Commission’s approval and approved the DRP application and approved the DRP. Included in the motion to approve the DRP were updates to the project description and conditions of approval. The Statement of Official Action has been revised accordingly, and is attached for Council approval (Attachment A). Financial Impacts and Budget Actions There is no immediate financial impact or budget action as a result of the recommended action. 2 of 2 Prepared By: Russell Bunim, Associate Planner Approved Forwarded to Council Attachments: A. 1921 Ocean Front Walk Appeal STOA B. PowerPoint Presentation City of Santa Monica City Planning Division CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: Appeal 18ENT-0312 LOCATION: 1921 Ocean Front Walk APPLICANT: Koning Eizenberg Architecture PROPERTY OWNER: NXT2 BEACH, LLC CASE PLANNER: Russell Bunim, AICP, Acting Senior Planner REQUEST: Appeal of the Planning Commission’s approval of Development Review Permit 15ENT-0297 for a new four-story mixed-use residential and commercial building with 22 residential units, 4,000 square-feet of ground floor commercial tenant space, and 56 parking spaces located in a subterranean parking garage. The 22 residential units are intended for use by persons as their permanent place of residence and shall not be used as Corporate Housing or Lodging for persons who intend their occupancy to be temporary. Project residents shall be prohibited from purchasing after hours parking permits for beach parking lots operated by the City located south of the Santa Monica Pier. Lease s for residential units shall include restrictions against Corporate Housing, temporary lodging and beach lot parking. Consistent with Proposition S, this project is not an expansion of any hotel use and there shall be no hotel amenities from the adjacent hotel (e.g., housekeeping, valet, food/room service) provided at the Project. As volunteered by the applicant, in the event that the applicant elects to meet its Tier 2 affordable housing production program obligation on site, the developer shall coordinate with the City’s Housing Division and an agency to facilitate support services for the households occupying the affordable units, and make every effort to 2 18ENT-0312 Statement of Official Action coordinate and complement the services of other similar providers for affordable residents of 50% income households or greater in the neighboring area. The support services shall be in place prior to the issuance of certificate of occupancy of the affordable units if provided on site. AFFORDABLE HOUSING: Four 50% income deed-restricted affordable units (2 one-bedroom, 1 two-bedroom, and 1 three-bedroom) located off-site at 1828 Ocean Avenue. CEQA STATUS: An Environmental Impact Report was prepared to analyze the potential environmental effects of the 1921 Ocean Front Walk Projects and the 1828 Ocean Avenue Project. The EIR analyzes the impacts of each project individually and cumulatively. A Notice of Preparation (NOP) was published on September 13, 2016 for a 30 - day comment period. On April 10, 2018, a Notice of Completion and Public Availability of the Draft EIR was published, commencing a 45-day public comment period for the Draft EIR. The Final EIR was published on August 30, 2018, and certified by the Planning Commission on October 3, 2018. CITY COUNCIL ACTION April 23, 2019 Determination Date Appeal granted based on the following findings. X Appeal Denied; Application approved based on the following findings and subject to the conditions below. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: April 23, 2019 EXPIRATION DATE OF ANY PERMITS GRANTED: October 22, 2022 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES * : 12 months * 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 3 18ENT-0312 Statement of Official Action 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 PERMIT FINDINGS A. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards and are both compatible and relate harmoniously to surrounding sites and neighborhoods in that the proposed project includes a mixed-use commercial and residential building that complies with the Oceanfront (OF) and Beach Overlay (BCH) Districts development standards. Specifically, the physical size and massing of the project fits in the context of the surrounding neighborhood; it complies with the height limitation in the Zoning Ordinance using segmented average natural grade (SANG) for measuring height and is smaller in scale compared to Hotel Casa del Mar immediately adjacent to the north. The project complies with the street frontage setbacks on Ocean Way and Bay Street and is further setback on Ocean Front Walk in order to accommodate outdoor dining for the commercial tenant spaces. Lastly, the proposed commercial and residential land uses relate harmoniously to the existing residential development along Ocean Way and the mix of uses along Ocean Front Walk. The building is not subject to the commercial boulevard active commercial uses development standards; however, the project does provide active commercial uses and incorporates a pedestrian oriented ground floor surrounding the property on Ocean Way, Bay Street, and Ocean Front Walk. B. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal transportation methods, including adequate parking and access, in that the project will provide 56 parking spaces in a two-level subterranean garage with vehicle access from Bay Street. Furthermore, the project includes pedestrian entrances to the residential units from Ocean Way and Ocean Front Walk and pedestrian access to the commercial tenant spaces from Ocean Front Walk. Eight (4 commercial and 4 residential) short -term bicycle spaces are located along the building frontages on Ocean Front Walk and Ocean Way. 39 (4 commercial and 35 residential) long-term bicycle spaces are being provided. C. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the proposed development is located in an urbanized area that is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required for this project. D. The project is generally consistent with the Municipal Code, General Plan, and any applicable Specific Plan, in that the project is located in the Oceanfront District land use designation in the 2010 LUCE. The development parameters in the LUCE are implemented in the Zoning Ordinance for Tier 2 projects. The proposed project complies with all of the development standards outlined in the Zoning Ordinance. 4 18ENT-0312 Statement of Official Action The proposed development is also consistent with the goals, objectives, and policies in the LUCE. Specifically, Policy D18.2 seeks to respect the scale and character of the district’s existing residential areas in the design and construction of new buildings. The proposed building complies with the building height volume that steps down toward Santa Monica Beach consistent with the height and mass of surrounding buildings. Additionally, the proposed project complies with LUCE goals and policies in that it is a mixed-use building with two small (maximum 2,000 square- feet) ground floor cafés facing Ocean Front Walk with residential as the proposed use on the upper floors. The Oceanfront District designation is intended to maintain and enhance the Oceanfront District as an important visitor serving destination with lodging, restaurants, shopping and recreation, as well as to protect the existing residential enclaves in the area. The unique character and scale of the area is maintained, centering on the landmark Santa Monica Pier. New residential and commercial uses are consistent with the character of existing buildings. As little change is expected to occur within this District, many of the existing uses remain, including residential, local and visitor-serving uses such as restaurants, hotels, beach clubs, and public facilities. Existing hotels may remodel and rebuild, not to exceed existing floor area and building footprint, in accordance with Proposition S. Future uses protect the residential enclaves, maintaining the existing character of the Oceanfront District, and support its function as a local and regional recreational amenity. The proposed project complies with these goals and policies in that the mixed -use residential and commercial building is designed with an inviting and activated ground floor (restaurants are a maximum 2,000 square-feet consistent with Proposition S), includes a variety of housing unit types and affordability, and formed in a manner that is sensitive to the context of the adjacent properties and surrounding neighborhood. E. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project. In accordance with CEQA, an EIR was prepared to analyze the potential environmental effects of the 1921 Ocean Front Walk Project and the 1828 Ocean Avenue Project. While the Projects would require two separate development review permits, both projects are analyzed together in the EIR as required by CEQA. Under C EQA, an agency cannot "piecemeal" the environmental review for a project. Per CEQA, a "project" is defined as the "whole of the action." An EIR must include an analysis of the environmental effects of the project, which includes a future expansion or other action if: (1) it is a reasonably foreseeable consequence of the initial project; and (2) the future expansion or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effects. In the case of the 1828 Ocean Avenue Project and 1921 Ocean Front Walk Project, the affordable housing requirement for the Ocean Front Walk Project may be provided off -site at 1828 Ocean Avenue (affordable housing Scenario A). The EIR clearly provides an analysis of each site independently 5 18ENT-0312 Statement of Official Action while also evaluating the potential for combined effects given the proximity of the Project Sites. In accordance with Section 15082 of the CEQA Guidelines, a Notice of Preparation (NOP) was published on September 13, 2016 for a 30 -day comment period which indicated the City’s intent to prepare an EIR for both projects. The NOP was distributed to Federal, State, Regional, and City agencies, neighborhood groups, and occupants and owners within a 1,000-foot radius of the project sites and was published on the City’s Planning and Community Development website. Additionally, a public scoping meeting was held on October 20, 2016, to present the projects and receive comments on the scope of the EIR. On April 10, 2018, a Notice of Completion and Public Availability of the Draft EIR was published, commencing a 45-day public comment period for the Draft EIR. The environmental issues studied in detail in the Draft EIR include: • Aesthetics • Air Quality • Construction Effects • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Neighborhood Effects • Noise and Vibration • Population and Housing • Fire Protection • Police Protection • Transportation/Traffic • Utilities – Wastewater and Water Supply Other issue areas such as Agricultural/Forestry Resources, Biological Resources, Mineral Resources, Neighborhood Effects, Recreation, and Solid Waste were determined to be less than significant in the Initial Study (Appendix A of the EIR). The Final EIR, which was published in August 2018, contains all comments and responses to comments received during the comment period as well as minor changes to the Draft EIR. The Draft EIR was available for a 45 -day public review period, during which a total of 9 comment letters were received. Most of the comment letters were from members of the public and 2 were from commenting agencies. Comments were raised regarding the mass/scale of the buildings, traffic impacts of the projects, and concerns regarding short-term rentals of the residential units. Responses to all comments received are included in the Final EIR. 6 18ENT-0312 Statement of Official Action Significant Impacts Based on the analysis provided in the EIR, there are no significant and unavoidable impacts associated with the 1921 Ocean Front Walk Project or the 1828 Ocean Avenue Project (individually and on a cumulative basis). Alternatives Studied Although there were no significant environmental impacts identified. In accordance with CEQA, the EIR studied five alternatives to the projects, which are intended to reduce the environmental impacts of the projects: • Alternative 1 – No Project/No Build (Existing Conditions) • Alternative 2 – Projects with Less than 7,500 square feet • Alternative 3 – Tier 1 Development with On-Site Affordable Housing • Alternative 4 – Tier 2 Development with Reduced FAR and Reduced Density • Alternative 5 – Tier 1 Development with Reduced Density Environmentally Superior Alternative In general, the environmentally superior alternative as defined by CEQA should minimize adverse impacts to the project site and its surrounding environment. Of the alternatives considered, the "No Project/No Build Alternative” does not create any new impacts; therefore, it is environmentally superior to the pr oject, which proposes to change existing conditions. However, the No Project/No Build Alternative does not meet any of the project objectives. CEQA Guidelines section 15126.6 states that if the environmentally superior alternative is the No Project/No Build Alternative, the EIR shall also identify an environmentally superior alternative from among the other alternatives. The remaining alternatives were reviewed in accordance with the State CEQA Guidelines requirement to identify an environmentally superior Alternative other than the No Project/No Build Alternative. Of the remaining Alternatives, Alternative 2, with 4,999 sf of cultural use and 2,500 sf restaurant at the 1921 Ocean Front Walk Site, would be the environmentally superior alternative. However, Alternative 2 would not meet the project objectives. Further, while Alternative 2 would incrementally reduce environmental impacts but it would not be supportive of City goals and policies to accommodate housing needs and sustainable development patterns t o reduce vehicle miles traveled. The project as proposed would provide a higher level of community benefits and greater support for the goals and policies related to the provision of in -fill housing development in high quality transit areas. F. The project promotes the general welfare of the community in that it allows for the redevelopment of existing, underutilized property with a mixed-use project that is compliant with the LUCE vision for the area. The proposed project provides 22 residential units and features space for a neighborhood serving ground-floor commercial use. Further, the project would provide community benefits including four residential units (15% of the project off-site at 1828 Ocean Avenue) affordable to 50% income level households, a specified market-rate unit mix of no more than 15% studios, at least 20% two-bedrooms, and at least 15% three bedrooms, an average number of bedrooms for the market-rate units of at least 1.2, enhanced development impact fees (i.e. Transportation Impact Fee, Parks & Recreation Impact Fee) 14% above the base fee, 7 18ENT-0312 Statement of Official Action and enhanced Transportation Demand Management elements such as 75% transportation allowance and free bike valet for the commercial uses if vehicle valet is provided. G. The project has no unacceptable adverse effects on public health or safety in that the project is a mixed-use project consisting of residential uses and is designed to accommodate neighborhood-serving commercial uses. The commercial uses are located along Ocean Front Walk, which is adjacent to Santa Monica Beach and other commercial uses. The project complies with all development standards in the Zoning Ordinance and conditions of approval for project operations ensure that the project will not adversely affect public health or safety. H. The project provides Community Benefits consistent with Chapter 9.23 of the Zoning Ordinance in that it provides 50% more affordable housing units than would be required by the City’s Affordable Housing Production Program, a minimum unit mix, a minimum average number of bedrooms, and enhanced development fees 14% above the base fee for the Transportation Impact Fee and Parks and Recreation Impact Fee (i.e. Open Space). As a result, the project would provide community benefits including four residential units (15% of the project located off- site at 1828 Ocean Avenue) affordable to 50% income level households, a specified market-rate unit mix of no more than 15% studios, at least 20% two bedrooms, and at least 15% three bedrooms, an average number of bedrooms for the market-rate units of at least 1.2, enhanced development impact fees (i.e. Transportation Impact Fee, Parks & Recreation Impact Fee) 14% above the base fee, and enhanced Transportation Demand Management elements such as 75% transportation allowance and free bike valet for the commercial uses if vehicle valet is provided. MITIGATION MEASURES AND CONDITIONS OF APPROVAL SECTION A – MITIGATION MEASURES 1. MM-ARCH-1. Prior to the issuance of a demolition permit, the Applicant shall retain a qualified Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards (qualified Archaeologist) to oversee an archaeological monitor who shall be present during construction excavations such as clearing/grubbing, grading, trenching, or any other construction excavation activity associated with the Project. The frequency of monitoring shall be based on the rate of excavation and grading activities, the materials being excavated (younger sediments vs. older sediments), and the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring may be reduced to part- time inspections, or ceased entirely, if determined adequate by the qualified Archaeologist. Prior to commencement of excavation activities, an Archaeological Sensitivity Training shall be given for construction personnel. The training session, shall be carried out by the qualified Archaeologist, will focus on how to identify archaeological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event. 8 18ENT-0312 Statement of Official Action 2. MM-ARCH-2. In the event that historic (e.g., bottles, foundations, refuse dumps/privies, etc.) or prehistoric (e.g., hearths, burials, stone tools, shell and faun al bone remains, etc.) archaeological resources are unearthed, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. An appropriate buffer area shall be established by the qualified A rchaeologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by Project construction activities shall be evaluated by the qualified Archaeologist. If the resources are prehistoric or Native American in origin, the Applicant shall retain a Native American representative from a Gabrielino Tribe who shall be present to monitor further construction excavations and shall coordinate with the City and Qualified Archaeologist regarding the treatment and curation of any prehistoric archaeological resources. If a resource is determined by the qualified Archaeologist to constitute a “historical resource” pursuant to CEQA Guidelines Section 15064.5(a) or a “unique archaeological resource” pursuant to Public Resources Code Section 21083.2(g), the qualified Archaeologist shall coordinate with the Applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any archaeological material collected shall be curated at a public, non-profit institution with a research interest in the materials, such as the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes. 3. MM-ARCH-3: Prior to the release of the grading bond that is required for a grading permit to guarantee that grading will be completed in conformity with the approved building plans and terms of the grading permit, the qualified Archaeologist shall prepare a final report and appropriate California Department of Parks and Recreation Site Forms at the conclusion of archaeological monitoring. T he report shall include a description of resources unearthed, if any, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. The report and the Site Forms shall be submitted by the Project applicant to the City, the South Central Coastal Information Center, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the development and required mitigation measures. 4. MM-ARCH-4: If human remains are encountered unexpectedly during implementation of the Project, State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the NAHC. The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the permission of the land owner, or his or her authorized 9 18ENT-0312 Statement of Official Action representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The MLD shall complete their inspection and make their recommendation within 48 hours of being granted access by the land owner to inspect the discovery. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Upon the discovery of the Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Whenever the NAHC is unable to identify a MLD, or the MLD identified fails to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated wit h Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. 5. MM-PALEO-1: Prior to the issuance of a demolition permit, the Applicant shall retain a qualified Paleontologist to develop and implement a paleontological monitoring program for construction excavations that would encounter older Quaternary alluvial sediments (associated with sediments below six feet deep across either of the Project Sites). The qualified Paleontologist hold a pregrading/excavation meeting for construction personnel to discuss the monitoring program and how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event. A qualified Paleontologist is defined as a paleontologist meeting the criteria established by the Society for Vertebrate Paleontology. The qualified Paleontologist shall supervise a paleontological monitor who shall be present at such times as required by the Paleontologist during construction excavations into older alluvial sediments. Monitoring shall consist of visually inspecting fresh exposures of rock for larger fossil remains and, where appropriate, collecting wet or dry screened sedime nt samples of promising horizons for smaller fossil remains. The frequency of monitoring inspections shall be determined by the qualified Paleontologist and shall be based on the rate of excavation and grading activities, the materials being excavated, and the depth of excavation, and if found, the abundance and type of fossils encountered. Full - time monitoring can be reduced to part-time inspections, or ceased entirely, if determined adequate by the qualified Paleontologist. 6. MM-PALEO-2: If a potential fossil is found, the paleontological monitor shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation of the discovery. An appropriate buffer area shall be established by the qualified Paleontologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of 10 18ENT-0312 Statement of Official Action the buffer area. At the qualified Paleontologist’s discretion, and to reduce any construction delay, the grading and excavation contractor shall assist in removing rock/sediment samples for initial processing and evaluation. If preservation in place is not feasible, the qualified Paleontologist shall implement a paleontological salvage program to remove the resources from their location. Any fossils encountered and recovered shall be prepared to the point of identification and catalogued before they are submitted to their final repository. Any fossils collected shall be curated at a public, non - profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying notes, maps, and photographs shall also be filed at the repository and/or school. 7. MM-PALEO-3: Prior to the release of the grading bond that is required for a grading permit to guarantee that grading will be completed in conformity with the approved building plans and terms of the grading permit, the qualified Paleontologist shall prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, as well as a d escription of the fossils collected and their significance. The report shall be submitted by the Applicant to the City, the Natural History Museum of Los Angeles County, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the Project and required mitigation measures. 8. MM-NOISE-1: Construction Noise Management Plan. A Construction Noise Management Plan shall be prepared by the applicant and approved by the City. The Plan shall address noise impacts and outline measures that would be used to reduce impacts. Measures shall include: • To the extent that they exceed the applicable construction noise limits, construction activities shall be restricted to between the hours of 10 a.m. and 3 p.m. Monday through Friday, in accordance with Section 4.12.110(d) of the SMMC. • The construction contractor(s) shall ensure that construction equipment is properly maintained and in working order per manufacturer specifications and that all construction equipment is equipped with manufacturer-approved mufflers and baffles. • The construction contractor(s) shall place noise-generating construction equipment and locate construction staging areas away from sensitive uses, to the extent practical to the satisfaction of the Departm ent of Building and Safety. All stationary construction equipment will be located and oriented so that emitted noise is directed away from sensitive receptors nearest the Project Sites. • Heavily loaded trucks shall be shall be routed away from residential streets, conforming to the City’s recommended haul route corridors. • Construction activities shall be scheduled so as to avoid operating several pieces of high noise-generating equipment simultaneously, to the extent practical. 11 18ENT-0312 Statement of Official Action • The construction contractor(s) shall implement noise attenuation measures, which may include temporary noise barriers and/or noise blankets placed between noise - generating construction equipment and activities and the off -site noise sensitive receptors to the satisfaction of the City’s Department of Building and Safety. 9. MM-NOISE-2: Construction Vibration. The applicant and its contractor(s) shall implement the following vibration-reduction measures: • The construction contractor(s) shall restrict the use of large bulldozers and othe r similarly large vibration-generating equipment, so that the vibration -generating portion of the equipment (i.e., the motor, engine, power plant, or similar) remains at the minimum applicable distances shown on Table 4.13 - 15 of the EIR as measured to guest rooms of Hotel Casa Del Mar, and the residential structures designed for long-term human occupancy along Ocean Way, unless it can be demonstrated to the satisfaction of the City based on in-situ measurements (prior to initiation of full- scale demolition/excavation) that vibration levels can be kept below the threshold of 80 VdB at vibration sensitive receptor locations where sleeping occurs through any combination of revised setbacks, alternative construction equipment, alternative construction methods, alternative sequencing of activities, or limitations of hours (between 10:00 AM and 3:00 PM) during which such activity can occur. The vibration measurements, if undertaken, shall be performed by a qualified acoustician, approved by the City at the contractor/Applicant’s sole cost. • In order to protect the character defining features of the historic Hotel Casa Del Mar, the following mitigation measure shall be implemented at the Ocean Front Walk Project: To avoid or minimize potential construction vibration damage to finish materials on the Hotel Casa Del Mar, the condition of such materials shall be documented by a qualified preservation consultant, prior to initiation of construction. During construction, the contractor shall install and maintain at least two continuously operational automated vibrational monitors on the Hotel Casa Del Mar building. The monitors must be capable of being programmed with two predetermined vibratory velocities levels: a first-level alarm equivalent to a 0.45 inches per second at the face of the building and a regulatory alarm level equivalent to 0.5 inches per second at the face of the building. The monitoring system must produce real-time specific alarms (via text message and/or email to on-site personnel) when velocities exceed either of the predetermined levels. In the event of a first-level alarm, feasible steps to reduce vibratory levels shall be undertaken, including but not limited to halting/staggering concurrent activities and utilizing lower-vibratory techniques. In the event of an exceedance of the regulatory level, work in the vicinity shall be halted and the Hotel Casa Del Mar building visually inspected for damage. Results of the inspection must be logged. In the event damage occurs to historic finish mater ials due to construction vibration, such materials shall be repaired in consultation with a qualified preservation consultant, and if warranted, in a manner that meets the Secretary of the Interior’s Standards. 12 18ENT-0312 Statement of Official Action 10. MM-TRAF-1. The applicant shall prepare, implement, and maintain a Construction Traffic Mitigation Plan (Plan) for review and approval prior to issuance of a building permit to address traffic during construction and shall be designed to: • Prevent traffic impacts on the surrounding street network; • Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable; • Ensure safety for both those constructing the Project and the surrounding community; • Prevent substantial truck traffic through residential neighborhoods; and • Provide for coordination with adjacent or nearby construction projects The Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure and meets City standards. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum include the following: Ongoing Requirements throughout the Duration of Construction. • A detailed Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific information regarding the Projects’ construction activities that may disrupt normal pedestrian and traffic flow, and the measures to address these disruptions. Further, the Plan shall address, in addition to normal traffic and pedestrian conditions, conditions regarding beach accessibility and parking, for pedestrians and automobiles, and avoidance of conflicts with loading activities at the hotels that are adjacent to the Project Sites. Such plans shall be reviewed and approved by the Strategic and Transportation Planning Division prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material 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. • Streets and equipment shall be cleaned in accordance with established Public Works Department requirements. • Trucks shall only travel on a City-approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may o ccur on the construction site itself. 13 18ENT-0312 Statement of Official Action • 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 a current Use of Public Property Permit. • Any requests for work before or after normal construction hours within 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. • 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. • The applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Plan). • The applicant shall obtain a Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required, for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-of-way. • The applicant shall provide timely notification of construction schedules to all affected agencies (e.g., MTA. 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. • 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. Coordination with MTA regarding construction activities that may impact Metro bus lines or result in closures lasting over six months shall be initiated at least 30 days in advance of construction activities. • The applicant shall obtain Strategic and Transportation Planning Division approval of any haul routes for earth, concrete, or construction materials and equipment hauling. SECTION B – CONDITIONS OF APPROVAL Project Specific Conditions 1. Recommendation for the Architectural Review Board to consider the following design - related points raised during the Planning Commission’s review of the development review permit for the project: 14 18ENT-0312 Statement of Official Action • The pedestrian oriented design of the ground floor commercial tenant spaces. • The relationship of the building along Bay Street and the connectivity to the public sidewalk. • Additional study of the stair element at the building’s southeast corner is needed. • Consider modifying the “sails” (planar elements at balconies along the Bay Street elevation) so they create a visual sense of movement as the features are placed on the building down the slope (west). • Consider modifying the proportions the building so th ey better relate to the proportions of Casa Del Mar to the north. • Study how to better integrate the west façade more fully into the rest of the building. • Consider an art installation that commemorates the history of the nearby beach area known as the Inkwell and the history of the Z-Boys in Ocean Park [this is also provided as a recommendation to the City’s Arts Commission]. 2. The 22 residential units shall not be used for “Corporate Housing” as defined in SMMC Section 9.51.020(A)(2), nor as “Lodging” as defined in SMMC Section 9.51.030(B)(15), or any generally applicable successor thereto. These prohibitions shall be included in all leases. 3. Project residents shall be prohibited from purchasing after hours parking permits for beach parking lots operated by the City located south of the Santa Monica Pier. Leases for residential uses shall include this restriction. 4. The project shall have no more than a total of 2,000 square -feet of floor area for any Full-Service or Limited-Service Restaurant, including any outdoor seating area associated with such restaurant. Any additional non -residential floor area in the Project may be a use authorized by the Zoning Ordinance in the Oceanfront District (SMMC Section 9.14) and Beach Overlay District (SMMC Section 9.20) other than a Full-Service or Limited-Service Restaurant. 5. Pursuant to SMMC Section 9.23.030(D) the project shall provide the following community benefits: a. Affordable Housing: Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.64, the project is subject to the City's Affordable Housing Production Program which requires the proposed 22-unit housing project to provide one of the following: 1) five percent of the total units of the project for 30% income households, 2) ten percent of the total units of the project for 50% income households, or 3) twenty percent of the total units of the project for 80% income households. Pursuant to SMMC Section 9.23.030(A)(1), the applicant is required to provide at least 50% more affordable housing units than would be required pursuant to Section 9.64.050. The applicant has elected to provide ten percent of the total units of the project for 50% income households. Additionally, in a Tier 2 project, the applicant will be providing a community benefit for 50% over the amount required. 15 18ENT-0312 Statement of Official Action b. Unit Mix: Pursuant to SMMC Section 9.23.030(A)(2), the project is required to have a varied unit mix of at least 15% three-bedroom units, at least 20% two- bedroom units, and no more than 15% studio units with average number of bedrooms greater than 1.2. The average number of bedrooms of the affordable units shall be equal to or greater than the market rate units. c. Affordable Housing Commercial Linkage Fee: Pursuant to SMMC Section 9.23.030(A)(3), no building permit shall be issued for the project until the applicant pays an Affordable Housing Commercial Linkage Fee of 14 percent above the base fee applicable at the time of issuance of the building permit for that portion of the commercial floor area above the maximum Tier 1 floor area allowed by the Zoning Ordinance. d. Transportation Impact Fee: Pursuant to SMMC Section 9.23.030(B), no building permit shall be issued for the project until the applicant pays a Transportation Impact Fee of 14 percent above the base fee applicable at the time of issuance of the building permit for that portion of the floor area above the maximum Tier 1 floor area allowed by the Zoning Ordinance. e. Parks and Recreation Development Impact Fee: Pursuant to SMMC Section 9.23.030(C), no building permit shall be issued for the project until the applicant pays a Parks and Recreation Development Impact Fee of 14 percent above the base fee applicable at the time of issuance of the building permit for that portion of the floor area above the maximum Tier 1 floor area allowed by the Zoning Ordinance. f. Transportation Demand Management: The applicant shall include the TDM measures required by SMMC Section 9.23.030(D) in the project’s TDM Plan. g. Pursuant to SMMC Section 9.64.090, the Parks and Recreation Development Impact Fee described in SMMC Chapter 9.67, the Transportation Impact Fee described in SMMC Chapter 9.66, and the Child Care Linkage Fee described in SMMC Chapter 9.65 shall be waived for required affordable housing units. Prioritization of potential occupants of the on-site or off-site affordable housing unit(s) shall be in accordance with the Affordable Housing Production Program Ordinance Guidelines. Developer hereby acknowledges that in approving a Development Review Permit for the Project, the City is modifying development standards otherwise applicable to the Project such as increasing the Floor Area Ratio and Building Height, and other property development standards. In exchange for such forms of assistance from the City, which constitute direct financial contributions to the Developer, Developer will enter into a contract with the City prior to issuance of a building permit which among other conditions will require Developer to provide and maintain four units off site that are available to and occupied by Fifty Percent Income Households at Affordable Rent, as defined by Santa Monica Municipal Code Chapter 9.64 ; although Developer shall have the right to elect to provide the four units on-site in Developer’s sole an absolute discretion. The Developer agrees and acknowledges that this contract will provide forms of assistance to the Developer within the meaning of Civil Code 16 18ENT-0312 Statement of Official Action Section 1954.52(b) and Chapter 4.3 of the State Planning and Zoning Laws, Government Code Section 65915 et seq. Administrative 6. The City shall, at its discretion, be entitled to enforce the terms and conditions of this permit, including, without limitation, its prohibition against use of the residential units for “Corporate Housing” as defined in SMMC Section 9.51.020(A)(2) and “Lodging” as defined in SMMC Section 9.51.030(B)(15), or any generally applicable successor to either such provision, as provided in Condition 2, using all of its enforcement powers as provided by law, including, without limitation, Santa Monica Municipal Code Chapters 1.08, 1.09, 1.10, and 9.48. This condition shall be included in all leases within the Project. 7. The property owner shall provide the City with an annual report demonstrating full compliance with all applicable laws and conditions of approval. The report shall include the length of tenancy for each tenant/occupant of each residential unit over the course of the year, certification that each tenant/occupant of each unit does not mai ntain a permanent place of residence elsewhere, certification of compliance with City of Santa Monica Proposition S codified in SMMC Chapter 9.20, and any other information reasonably required by the City. 8. The approval of this permit shall expire if the rights granted are not exercised within three and a half years (for projects in the Coastal Zone) from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction. 9. 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. 10. Within ten days of City Planning Division transmittal of the State ment 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 c onstitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 11. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Development Review Permit. Indemnity 12. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, 17 18ENT-0312 Statement of Official Action actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of this Development Review Permit concerning the Applicant's proposed project, or any Claims brought against the City due to the acts or omissions in any connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur: (1) The City bears its own attorney's fees and costs. (2) The City defends the action in good faith. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and i n the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder. The failure of the Applicant to provide the S ecurity shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder. Conformance with Approved Plans 13. This approval is for those plans dated March 8, 2019, 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. 14. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Planning. 15. 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 ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 16. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or 18 18ENT-0312 Statement of Official Action other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule. 17. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.30 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement. 18. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.65 of the Santa Monica Municipal Code, the Child Care Linkage Program. 19. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.66 of the Santa Monica Municipal Code, the Transportation Impact Fee Program. 20. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.53, the Transportation Demand Management Fee. Mitigation Monitoring Program 21. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building and Safety Division, the Department of Environmental and Public 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 shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. Cultural Resources 22. 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. 19 18ENT-0312 Statement of Official Action Rent Control 23. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental units from the hou sing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental units pursuant to the pr ovisions of the Ellis Act. Project Operations 24. 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. 25. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash containers shall be secured with locks. Final Design 26. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 27. Landscaping plans shall comply with Subchapter 9.26.040 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 28. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.21.100, 9.21.130 and 9.21.140. 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 nois e 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. 29. 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. 30. 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 20 18ENT-0312 Statement of Official Action attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 31. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. Construction Plan Requirements 32. 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: • All 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. • 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 PM10 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. 33. 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. 34. Kitchen facilities including, but not limited to, restaurants, caterers, school cafeterias, hotels, hospitals, and other commercial cooking facilities must conduct operations in a manner which avoids causing grease blockages to the City sewer. a. A grease interceptor must be installed for all projects with kitchen facilities as described above unless a variance is granted through City of Santa Monica Water Resources Protection. The minimum capacity of the interceptor will be determined using Chapter 10 of the latest California Plumbing Code. Contributory sources shall include wastewater from kitchen area including pot sinks, pre-rinse sinks, dishwashers, floor drains, and mat washing areas. Show the location of 21 18ENT-0312 Statement of Official Action the grease interceptor on the plumbing plans that clearly indicates what drain fixtures will connect to the interceptor. b. All grease interceptors, regardless of size, shall be equipped with a standard final-stage sample box. Construction Period 35. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 36. 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. 37. Developer shall prepare a notice, subject to the review by the Director of Plann ing 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. 38. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 39. 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 40. 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. 41. 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 a sound-rated parapet enclosure. 42. 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 22 18ENT-0312 Statement of Official Action Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 43. Construction period signage shall be subject to the approval of the Architectural Review Board. 44. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program. MOBILITY DIVISION 45. Developer shall comply with SMMC Chapter 9.53, Transportation Demand Management, including payment of the Developer Ann ual TDM Fee pursuant to Section 9.53.110. 46. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Mobility Division: 47. Where a driveway, garage, parking space or loading zone intersects with the public right- of-way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.21.180. 48. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Mobility Manager but shall not exceed a twenty percent slope. 49. Bicycle parking provided in the Project shall meet the requirements of SMMC Section 9.28.140. PUBLIC LANDSCAPE 50. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services 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. 51. Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zone s established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed. 52. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 53. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison. If Developer elects to enroll in the program, enrollment shall occur prior to submittal of 23 18ENT-0312 Statement of Official Action plans for Architectural Review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit. 54. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code. PUBLIC WORKS DEPARTMENT (PWD) General Conditions 55. Developer shall be responsible for the payment of the following Public Works Department (PW D) permit fees prior to issuance of a building permit: a. Water Services b. Wastewater Capital Facility c. Water Demand Mitigation d. Fire Service Connection e. Tieback Encroachment f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two. Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project. In order to receive a refund of the Constructio n and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 56. Any construction related work or use of the public right-of-way will be required to obtain the approval of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans. 57. Plans and specifications for all offsite im provements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit. 58. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 24 18ENT-0312 Statement of Official Action 59. Upon commencement of construction, 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, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 60. 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 Building & Safety 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. Water Resources 61. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works. 62. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. 63. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4 -2003-0111. 64. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City’s sewer system can accommodate the entire development. If the study does not show to the satisfaction of the City that the City’s sewer system can accommodate the entire development, prior to issuance of the first building permit, the Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 65. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City’s water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than 25 18ENT-0312 Statement of Official Action can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 66. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters. 67. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections. 68. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing. 69. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at: http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed. 70. 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. Urban Water Runoff Mitigation 71. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off -site must be removed the same day they are tracked off-site; d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties; e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site. 26 18ENT-0312 Statement of Official Action g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD. 72. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235. Public Streets & Rights-of-Way 73. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division. 74. All off-site improvements required by the Public Works Department shall be installed. Plans and specifications for off -site improvements shall be prepared by a registered civil engineer and approved by the City Engineer. 75. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 76. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping, etc. 77. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property. Utilities 78. No Excavation Permit shall be issued without a Telecommunications Investigation by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into the project design including, but not limited to measures associated with joint trench opportunities, location of tie-back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer shall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, 27 18ENT-0312 Statement of Official Action telecommunication conduit routes and fiber optic cables from building Telecommunications Room to Telecommunications Vaults in street, alley and/or sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of conduit and fiber optic cable for a maximum of 1km terminating in a new Telecommunications Vault for future interconnection with City network. The final telecommunications design plans for the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department prior to approval of project. a. Project shall comply with City of Santa Monica Telecommunications Guidelines b. Project shall comply with City of Santa Monica Right-of-Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04 79. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground. 80. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right -of-way. Resource Recovery and Recycling 81. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.21.130 of the SMMC has dimensional requirements for various size s and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection. 82. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure. 83. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi-family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include: • List of materials such as white paper, computer paper, metal cans, and glass to be recycled; 28 18ENT-0312 Statement of Official Action • Location of recycling bins; • Designated recycling coordinator; • Nature and extent of internal and external pick-up service; • Pick-up schedule; and • Plan to inform tenants/ occupants of service. 84. For temporary excavation and shoring that includes tiebacks into the public right - of- way, a Tieback Agreement, prepared by the City Attorney, will be required. 85. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, Fire Code, or any other provision of the SMMC. Construction Period Mitigation 86. A construction period mitigation plan shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit: Public Works, Fire, Planning and Community Development, and Police. 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: a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons; g. Specify the nature and extent of any dewatering and its effect on any adjacent buildings; h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed; k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel; m. Provide a grading and drainage plan; 29 18ENT-0312 Statement of Official Action n. Provide a construction-period parking plan which shall minimize use of public streets for parking; o. List a designated on-site construction manager; p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; q. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and r. Provide a construction period water runoff control plan. 87. Construction Conditions: a. Construction Phasing: If the two sites are constructed concurrently, the excavation of one Project Site would be completed before the excavation of the second site would be commenced. b. Construction Equipment: Construction equipment operating at the Project Sites will be subject to a number of requirements, which will be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. Construction measures will include the following: • The Project shall utilize off-road diesel-powered construction equipment that meets or exceeds the CARB and USEPA Tier 4 interim off -road emissions standards for equipment rated at 50 hp or greater during Project construction. All equipment rated at 50 hp or greater will be outfitted with Best Available Control Technology (BACT) devices including a CARB certified Level 3 Diesel Particulate Filter or equivalent. Implementation of this feature will minimize diesel particulate matter and NOX emissions during construction activities. A copy of each un it’s certified tier specification or model year specification and CARB or SCAQMD operating permit (if applicable) shall be available upon request at the time of mobilization of each applicable unit of equipment. • Equipment such as tower cranes and welders shall be electric or alternative fueled (i.e., non-diesel). To the extent possible, pole power will be made available for use with electric tools, equipment, lighting, etc. • Alternative-fueled generators shall be used when commercial models that have the power supply requirements to meet the construction needs of the Project are readily available from local suppliers/vendors. • The two Project Sites will not simultaneously engage in on -road heavy- duty haul truck or concrete truck activities on any given day of construction throughout the entire duration of construction. During each day of demolition, excavation, or concrete pouring activities, when on -road heavy-duty demolition or soil haul trucks or concrete trucks are operating for one of the two Project Sites, no on -road heavy-duty demolition or soil haul trucks or concrete trucks may be used to transport demolition debris, excavated soil, or concrete to or from the other Project Site. c. Control of VOCs: The Projects will utilize low-emitting materials pursuant to the requirements of the California Green Building Standards (CALGreen) Code. Indoor coatings will be limited to 50 grams per liter of VOCs or less. 30 18ENT-0312 Statement of Official Action VOTE: Appeal 18ENT-0312 Ayes: Nays: Mayor Davis, Jara, Morena, McKeown, Winterer, Himmelrich Abstain: Absent: VOTE: Development Review Permit 15ENT-0297 Ayes: Mayor Davis, Jara, Morena, McKeown, Winterer, Himmelrich Nays: Abstain: Absent: 31 18ENT-0312 Statement of Official Action NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which 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 Planning Commission of the City of Santa Monica. ________________________________ _____________________________ Denise Anderson-Warren, City Clerk Date Acknowledgement by Permit Holder I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Print Name and Title Date Applicant’s Signature 6/26/2019City of Santa Monica | Consent Calendar | Consent Calendar Revised Administrative Condition for Statements of Official Action: Item 3-H:1828 Ocean Avenue, Condition No. 10 (page 21) Item 3-I: 1921 Ocean Front Walk, Condition No. 7 (page 16) The property owner shall provide the City Planning Director with an annual report demonstrating full compliance with the prohibition against Corporate Housing or Lodging, the prohibition from purchasing after hours parking permits for beach parking lots operated by the City located south of the Santa Monica Pier, and compliance with Proposition S all applicable laws and conditions of approval. The report shall include the length of tenancy for each tenant/occupant of each residential unit over the course of the year, certification that each tenant/occupant of each unit does not maintain a permanent place of residence elsewhere, certification of compliance with City of Santa Monica Proposition S codified in SMMC Chapter 9.20, and any other information reasonably required by the City.