R-8029
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RESOLUTION NO. 8029(CCS}
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT ON THE
COMMERCIAL COMPLEX LOCATED AT 2221 WILSHIRE BOULEVARD
WHEREAS/ a Notice of Preparation of an Environmental Impact
Report was issued in June 1989~ and
WHEREAS, a Notice of Completion of a Draft Environmental
Impact Report as published in February 1990/ in compliance with
the California Environmental Quality Act and the City of Santa
Monica CEQA Guidelines: and
WHEREAS, in March 1990, the Final Environmental Impact
Report was published: and
WHEREAS, on May 22, 1990, the City council, as Lead City
Agency/ reviewed the Final Environmental Impact Report/
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council has reviewed and considered the
Final Environmental Impact Report on the 2221 Wilshire Boulevard
:ommercial Complex prior to acting on the project.
SECTION 2.
The
City council
the
certifies
that
!vironmental review for the project was conducted in full
.mpliance with state and City CEQA Guidelines, that there was
2quate public review of the Draft Environmental Impact Report,
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that it has considered all comments on the Draft Environmental
Impact Report and responses to comments, that the Final
Environmental Impact Report adequately discusses all significant
environmental issues, and that the city Council has considered
the contents of the Final Environmental Impact Report in its
decision-making process.
SECTION 3. The City council makes the following findings,
consistent with Article VI, sections 12 and 13 of the City of
Santa Monica CEQA Guidelines and sections 15091 and 15093 of the
State of California CEQA Guidelines. In addition to the EIR, the
record upon which these findings are made includes the following,
OI which the City Council takes administrative notice: Request
for Development Proposals, 2221 Wilshire Boulevard Commercial
Complex, Planning Commission Memorandum and statement of Official
Action, April 4, 1990; and City Council Staff Report with
Findings and Conditions, May 22, 1990.
(a) (1) The City Council finds that there are no
feasible, reasonable and available alternatives or further
mitigation measures to the project that would significantly and
substantially reduce the impact on the environment while
accomplishing the proposed development of the site with a mixed
use, three story commercial building in the C6 District.
(2) Further, the City council finds that the
proj ect will provide commercial retail, restaurant and office
uses that will serve regional, community, and local needs and
strengthen use of adjacent commercial retail and office areas.
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(b) (1) The Final EIR determined that without
mitigation the project could result in a significant impact to
traffic and circulation. Three intersection analyzed are
projected to have a significant impact during the a.m. and/or
p.m. peak hour period, however the intersections can be mitigated
to a level of nonsignificant impact (FEIR p. 5-41). Consistent
with Article VI, section 12 of the City CEQA Guidelines and
section 15091 of the State CEQA Guidelines, the project will
undertake the following mitigation measures which will avoid or
substantially lessen the potential adverse environmental effects
identified with respect to traffic circulation: 1) Provide
exclusive right turn lanes in both eastbound and westbound
directions at the intersection of Wilshire Boulevard and 26th
Street, 2) Provide exclusive right turn lanes in the eastbound
and westbound directions and provide a left turn through lane and
right turn lane in both the northbound and southbound direction
at the intersection of Wilshire Boulevard and 23rd Street and ,3)
Provide an exclusive left turn lane and a through/right turn lane
at the intersection of Santa Monica Boulevard and 23rd.
(2) Further, the city council finds that the project
staff report issued for the project includes the following
additional specific measures which will substantially reduce the
adverse effects identified in the Final EIR: 1) The developer
shall pay development mitigation fees associated with adoption of
the ci ty I S Transportation Management Plan (if such new
development fees are included in the contemplated plan, 2) The
developer shall install directional signage at the parking garage
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exist that indicates right-turn-only movement may be made on
Twenty-Third street and, 3) The developer shall install a curved
raised median strip at the parking garage exit that force
vehicles to make a right-turn-only onto Twenty-Third street.
3) Further, the city council finds that the potential
transportation impacts discussed during the May 22, 1990 Council
hearing can be further reduced from implementation of the
following mitigation measures: 1) Provide a driveway aisle along
wilshire Boulevard that provides ingress to both eastbound and
westbound traffic, 2) Vehicles exiting the garage on Wilshire
Boulevard shall be restricted to a right turn only movement, and,
3) A one way driveway aisle exit that provides egress onto
Twenty-Third street shall be provided.
These measures will significantly avoid or reduce the potential
impact on traffic circulation, therefore the city Council finds
that, as substantially mitigated by the above specified
requirements, the potential impact on circulation is acceptable
and will not be significant as provided in CEQA.
(c) (1) The Final EIR determined that the development
of the project could result in an adverse, but not significant,
impact to air quality (FEIR pp. 5-43 to 5-51). The preparation
of the site for building construction could result in an adverse
impact to air quality due to construction related exhaust
emissions and fugitive dust emissions. In addition, carbon
monoxide mobile emission concentrations could result in
intermittent impacts for persons that are the most sensitive to
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increased emissions. However, the impacts at all sites analyzed
are considered to be less than significant. consistent with
Article VI, Section 12 of the City CEQA Guidelines and Section
15091 of the state CEQA Guidelines, the project will undertake
the following mitigation measures which will avoid or
substantially lessen the potential adverse environmental effects
identified with respect to air quality: Schedule construction and
grading around the driest summer months, by periodically
sprinkling with water pursuant to SCAQMD Rule 403, and by paving
the area proposed for parking as soon as possible, maintain
equipment engines in proper tune, phase and schedule major
construction activities for different times to minimize peak
emission levels, and, restrict construction during second stage
smog alerts.
(2) Further, the city Council finds that the project
staff report includes the following additional specific measures
which will minimize any potential effects of the proposed project
with respect to air quality: Equipment engines shall be kept in
proper tune to reduce exhaust emissions, contractors shall be
required to sprinkle the construction site with water once a day
or more often if necessary to control particulate emissions onto
uses located to the north and south, the use of exterior
maintenance blowers, vacuums and other equipment shall be limited
to those hours established in Municipal Code Section 4204.
These measures will significantly avoid or reduce the potential
impact on air quality, therefore the City council finds that, as
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substantially mitigated by the above specified requirements, the
potential impact on air quality is acceptable.
(d) (1) The Final EIR determined that without
mitigation the project could result in an adverse, but not
significant, impact to noise (FEIR pp. 5-52 to 5-57).
Construction activities would temporarily generate high noise
levels on and adjacent to the site, intermittently over the
entire period of project construction. In addition, future noise
levels on and around the project site may incrementally increase
due largely to the projected pattern of vehicular traffic on
local roadways. In no case would the completed project increase
noise levels by more than 1.2 dBA over the levels associated with
the baseline conditions. Consistent with Article VI, section 12
of the City CEQA Guidelines, the project will undertake the
following mitigation measures which will avoid or substantially
lessen the potential adverse environmental effects identified
with respect to noise impacts: construction and demolition
activities will take place only during hours at levels specified
in the Santa Monica Noise Ordinance, construction equipment,
fixed or mobile, operated within 1000 feet of a dwelling unit
shall be equipped with properly operating and maintained muffler
exhaust systems, normal building operations shall not exceed the
standards established in the Santa Monica Noise Ordinance,
pile-driving equipment shall be regulated by a construction
mitigation plan as approved by the Director of General Services.
(2) Further, the city Council finds that the project
staff report includes the following additional specific measures
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which will substantially reduce, although not fully eliminatet
the adverse effects identified in the final EIR: The developer
shall construct residential unit walls with appropriate sound
insulation capabilitiest temporary noise barriers will be
constructed around the perimeter of the site during construction
activitiest use of pile driving equipment will be regulatedt
noise absorbancy landscaping shall be installed adjacent to the
north property line and no live entertainment or dancing shall be
permitted as part of the approved restaurant use.
These measures will significantly avoid or reduce the potential
impact on noise, therefore the city council finds that, as
substantially mitigated by the above specified requirementst the
potential impact on noise is acceptable.
(e) (1) The Final EIR determined that the project
without mitigation could result in adverse, but not significant
shadow impacts (pp 5-58 to 5-63). consistent with Article VI,
section 12 of the City CEQA Guidelines and section 15091 of the
state CEQA Guidelines, the project will undertake the following
mitigation measures which will minimize any potential effects of
the proposed structures: provide an appropriate building design
and setbacks adjacent to the north property linet that are
intended to minimize shade and shadow impacts.
(2) Further the city council finds that the project
staff report includes similar mitigation measures which will
substantially minimize the potential shadow impacts.
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These measures will significantly avoid or reduce the potential
shadow impacts of the proposed project, therefore the City
Council finds that, as substantially mitigated by the above
specific requirements, the potential shadow impacts are
acceptable.
(f) (1) The Final EIR determined that the project will
not result in an adverse or significant impact to the local
neighborhood (pp. 5-1 to 5-14). The project's architectural
design is consistent with approved commercial buildings located
in the C6 District and surrounding commercial areas. The
structure will incorporate landscaping which will act as a visual
shield. The structure will direct exterior lighting away from
the adjacent residential land uses. Consistent with Article VI,
section 12 of the city CEQA Guidelines and section 15091 of the
state CEQA Guidelines, the project will undertake the following
mitigation measures which will significantly avoid or reduce the
potential non-significant impact on the neighborhood: develop a
construction mitigation plan, replace or relocate exterior street
trees demolished during project development, provide an on-site
construction manager that is responsible for addressing citizen
complaints during project development, require Architectural
Review Board approval of site landscaping and irrigation plans,
make payment of an in-lieu fee for housing and parks to provide
for the development of new park space and residential housing.
These measures will significantly avoid or reduce the potential
impact on the neighborhood, therefore the City Council finds
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that, as sUbstantially mitigated by the above specific
requirements, the potential neighborhood impacts are acceptable.
(2) Further, the city Council finds that the project
staff report includes the following additional specific measures
which will avoid or reduce the potential effects of the proposed
proj ect on the local neighborhood: 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, The developer shall maintain a staging area on the
property for use by construction firms and vehicles, the
developer will obtain General Services approval of traffic
patterns for construction vehicles, in order to minimize the
impact of construction activities on adjacent streets, prior to
construction bidding, the District shall prepare a construction
period mitigation plan which shall address construction hours,
noise mitigation, and the location of construction staging areas,
the developer shall cooperate with the city's Department of
General Services in order to develop other mutually acceptable
means for minimizing project impacts.
These measures will significantly avoid or reduce the potential
impact on the neighborhood, therefore the city Council finds
that, as substantially mitigated by the above specific
requirements, the potential neighborhood impacts are acceptable.
(g) Further the City council finds that the project
includes a mitigation monitoring and reporting program measure,
that will provide assurances that mitigation measures identified
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in the FEIR and in the proj ect staff report are adhered to.
Pursuant to Public Resources Code section 21081.6, the mitigation
monitoring and reporting program is provided in Attachment 1 of
this Resolution.
SECTION 4. In the event any of the adverse environmental effects
identified in the Final EIR are not considered substantially
mitigated within the meaning of Article VI, section 13 of the
city CEQA Guidelines, and Section 15093 of the State CEQA
Guidelines, the City Council finds that the benefits of the
project outweigh its unavoidable environmental risks for the
following reasons:
(1) The project will accommodate general office and retail
development encouraged in General Plan Policy section 1.6.1.
(2) The project will replace two vacant residential units
with new more efficient units that will be subject to Rent
Control requirements.
(3) The project will provide parking in compliance with code
requirements. The location of parking garage ingress/egress
and the installation of special signage and a raised curve
that forces vehicles exiting the garage to make a right-turn
onto Twenty-Third street will discourage traffic intrusions
into residential side streets.
(4) The project will provide a more efficient and permanent
building design that contains a 3 story/ 45 foot height and
2 . 0 FAR similar to building heights and FAR amounts of
surrounding commercial parcels. The building will contain a
building volume envelope and scale that transitionally step
down to the height limit of the adjacent residential
district.
(5) The project will contain a building design and layout
that will encourage site permanency.
SECTION 5.
The City Council certifies that the
environmental review for the project was conducted in full
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compliance with state and City CEQA Guidelines, that there was
adequate public review of the Draft Environmental Impact Reportl
that the city council has considered all comments on the Draft
Environmental Impact Report and responses to comments, that the
Final Environmental Impact Report adequately discusses all
significant environmental issues, and that the City council has
considered the contents of the Final Environmental Impact Report
in its decision-making process.
SECTION 6. The city Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
Attachment- Project Mitiqation Monitorinq Plan
w/EF44894
ww/03j22/90
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MITIGATION MONITORING PROGRAM
THE 2221 WILSHIRE BOULEVARD COMMERCIAL COMPLEX
located at 2221 Wilshire Boulevard
Pursuant to Public Resources Code section 21081.6, a mitigation
monitoring and reporting program shall be prepared by the City
for the approved project to obtain/provide assurances that each
condition referenced below and discussed in the EIR and project
staff report have been met. The City department listed next to
each condition number shall be responsible for ensuring that
compliance is obtained. The date of compliance shall be noted
herein. A copy of this checklist shall be maintained in the
project file in the Offices of the City Planning Division in Room
212 of City Hall, 1685 Main street, Santa Monica, and shall be
made available for public inspection upon request.
The responsible department shall conduct single or periodic
monitoring, as appropriate, to ensure condition compliance. If a
condition requires on-going action, the developer shall prepare
an annual report that describes the manner in which compliance is
achieved. The responsible City department will verify
compliance. Each responsible department may require the
developer to supply data as are needed to verify compliance.
REQUIREMENT/DEPARTMENT
DME
1.To mitigate transportation impacts
identified in EIR 916, the applicant
shall pay the cost of providing ex-
clusive right turn lanes in both
eastbound and westbound directions
at the intersection of Wilshire
Boulevard and 26th Street that can be
accomplished through restriping.
General Services
2.To mitigate transportation impacts
identified in EIR 916, the applicant
shall pay the cost of providing ex-
clusive right turn lanes in the
eastbound and westbound directions
and of providing a left turn through
lane and right turn lane in both the
northbound and southbound direction
at the intersection of Wilshire
Boulevard and 23rd street that can be
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COMPLIANCE DEADLINE
Prior to certificate
of Occupancy
Prior to certificate
of Occupancy
.
than 25% glass on the rear building
facade. Planning
lS.To mitigate long term light and
glare impacts identified in EIR 916,
the applicant shall use light
building materials and avoid the use
of mirrored or darkly-tinted exterior
glass. Planning
19.To mitigate long term light and
glare impacts identified in EIR 916,
the applicant shall direct exterior
lighting toward the project and away
from residential uses located to the
north. Flood lighting shall be
prohibited. Planning, Building
20.To mitigate neighborhood and parking
impacts identified in EIR 916, the
applicant shall relocate the 13 at grade
parking spaces into the subterranean
parking garage. There shall be no
employee or customer parking provided
adjacent to the 15 foot wide alley.
Planning, General Servioes
Plans
21.This approval is for those plans
dated February 22, 1989, 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. Planning
22.The Plans shall comply with all
other provisions of Chapter 1,
Article IX of the Municipal Code,
(Zoning ordinance) and all other
pertinent ordinances and General
Plan policies of the City of
Santa Monica. Planning
23.Final parking lot layout and
specifications shall be subject to
the review and approval of the
parking and Traffic Engineer.
General services
24.Minor amendments to the plans
shall be subject to approval by
the Director of Planning. A
significant change in the approved
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.
Verify prior to issuance
of Bldg. Permits. Review
during ARB
Verify prior to issuance
of Bldg. Permits, Review
during ARB and prior to
Cert. of Occup.
verify on plans prior to
ARB, and obtain final
Pkg. & Trffc. approval
on-going
On-going
Prior to issuance of
Bldg. Permits
On-going
.
lO.To mitigate short term air quality
impacts identified in EIR 916,
the applicant shall use low sulfur
fuel and properly maintain and
operate all construction equipment.
Turn-off engines when not in
use for more than five minutes.
Building, General Services
11.To mitigate short term air quality
impacts identified in EIR 916,
the applicant shall schedule
construction related trips during
non-peak hours to reduce peak hour
emissions. Building, General Services
l2.To mitigate short term noise
impacts identified in EIR 916,
the applicant shall adhere to the
city's Municipal Code requirements
and Ordinance 1458 regarding time
limits for construction.
Planning, Building
l3.To mitigate short term noise
impacts identified in EIR 916, the
applicant shall equip each internal
combustion engine with a muffler of
a type recommended by the manufacturer.
Building
14.To mitigate short term noise impacts
in EIR 916, the applicant shall
enclose stationary generator engines
with the proper engine housing at all
times. Building
lS.To mitigate long term shade and
shadow impacts identified in EIR 916,
the applicant shall provide a minimum
34'411 setback along the entire north
elevation of the three story building.
planning
16.To mitigate long term light and
glare impacts identified in EIR 916,
the applicant shall make use of glass
that has minimum reflective
capabilities for the rooftop skylight
and for windows throughout the building.
Planninq
17.To mitigate long term light and
glare impacts identified in EIR 916,
the applicant shall provide no more
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.
On-going during
Construction
On-going during
Construction
on-going during
Construction
on-going during
Construction
On-going during
Construction
Verify prior to
ARB submittal.
Verify prior to issuance
of Bldg. Permits. Review
during ARB
Verify prior to issuance
of Bldg. Permits. Review
during ARB
.
accomplished through restriping.
General Services
3.To mitigate transportation impacts
identified in EIR 916, the applicant
shall pay the cost of providing an
exclusive left turn lane a through
right turn lane at the intersection
of Santa Monica Boulevard and 23rd
Street that can be accomplished
through restriping. General Services
4.To mitigate short term air quality
impacts identified in EIR 916, the
applicant shall water the construction
site twice daily to reduce dust gener-
ation and increase watering frequency
when winds exceed 15 mph. As an
alternative, biodegradable soil
stabilizers could be used along dirt
access roads and portions of the site
not in current excavation.
Planning, Building
5.To mitigate short term air quality
impacts identified in EIR 916, the
applicant shall cease grading
operations when winds exceed 30 miles
per hour (wind speed common during
Santa Ana conditions).
Planning, Building
6.To mitigate short term air quality
impacts identified in EIR 916,
establish an on-site speed limit
for construction vehicles of 15 mph.
Building, General Services
7.To mitigate short term air quality
impacts identified in EIR 916,
the applicant shall cover stockpiled
materials to prevent excess dust.
Building, General services
B.To mitigate short term air quality
impacts identified in EIR 916,
the applicant shall cover trucks
during transportation of excess dirt.
Building, General Services
9.To mitigate short term air quality
impacts identified in EIR 916,
the applicant shall operate all
diesel-operated construction
equipment with a four degree ignition
retard. Building, General services
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Prior to Certificate
of Occupancy
On-going during
construction
On-going during
grading, construction
on-going during
construction
on-going during
Construction
On-going during
Construction
on-going during
Construction
.
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. Planning
25.Construction period signage
shall be subject to the approval
of the Architectural Review Board.
Planning
26.Plans for final design,
landscaping, screening, trash
enclosures, and signage shall be
subject to review and approval by
the Architectural Review Board.
Planning
27.The Architectural Review Board,
in its review, shall pay particular
attention to the project's pedes-
trian orientation and amenities;
scale and articulation of design
elements; exterior colors, textures
and materials; window treatment;
glazing; and landscaping. As part
of it's review, the Board shall pay
particular attention the amount of
landscaping located along Wilshire
Boulevard, Twenty-Third Street and
Twenty- Second Street. A minimum
10 foot average setback shall contain
appropriate landscaping materials.
Planning
28.The residential units shall have
a separate and secured entrance and
exit that is directly accessible to
the parking. Planning
29.The residential units shall be
provided two parking spaces per
unit that are clearly marked for
residential use only.
Planning, General Services
30.The residential units shall be
constructed so that interior noise
levels do not exceed 55 decibels for
more than 60 minutes in any 24 hour
period and 45 decibels for more than
30 minutes between the hours of 11:00
p.m. and 7:00 a.m. Planning, Building
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Verify prior to issuance
of Bldg. Permits
Verify prior to issuance
of Bldg. Permits
Verify as part of ARB
hearing
Verify prior to issuance
of bldg. permits
verify prior to issuance
of bldg. permits
Verify prior to issuance
of Cert. of Occupancy
.
3l.The residential units shall contain
exterior lighting that complies with
and Section 9040.7. Building
32.The second floor area of the
building that will accommodate the
residential units shall contain an
exterior appearance and character
which denotes it as housing. Planning
33.Landscaping or another suitable
noise buffer shall be placed adjacent
to the residential units to reduce
noise and to provide a neighborhood
friendly development. Planning
34.The residential units shall
maintain a separate refuse storage
container separate from the storage
container used with the commercial
floor area. The container shall be
clearly marked for residential uses
only. Planning, General Services
35.The residential units shall
maintain a minimum average 10 foot
setback but in no case less than 5
feet from all parcel lines. Planning
36.The restaurant hours of operation
shall be limited to 11:00 a.m. to
11:00 p.m. sunday through Saturday.
Planning
37.No alcoholic beverages shall be
sold prior to 11:00 a.m. daily or
after 11:00 p.m., daily. Planning
38.The restaurant operator shall
control noisy patrons leaving the
restaurant. Planning
39.The premises shall have the
capability to serve food to patrons
during all hours the establishment
is open for customers. Planning
40.The premises shall maintain a
kitchen or food-serving area in
which a variety of food is pre-
pared and cooked on the premises.
Planning
41.Seating arrangements for all
restaurant floor area(s) shall not
exceed 160 seats and the number of
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.
Verify on plans prior to
issuance of bldg. permits
and prior to C. of O.
Verify on plans that are
reviewed by the ARB and
prior to C. of O.
Review during ARB and
verify prior to C. of O.
Verify prior to C. of O.
Verify on plans prior to
issuance of bldg. permits
and prior to C. of O.
On-going
On-going
on-going
On-going
On-going
On-going
.
total seats shall not be expanded
by more than 10% unless approved
by the Director of Planning.
Planning
42.Take out service shall be only
incidental to the primary sit-down
use. Planning
43.No alcoholic beverage shall be
sold for consumption beyond the
indoor premises. Planning
44.No dancing or live entertainment
shall be permitted on the premises
unless required permits are obtained.
Planning
45.The restaurant 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. Planning
46.The operation of the restaurant
must be commenced within six months
from the issuance of the Certificate
of Occupancy issued for the commercial
portion of the building. This time
limit may for good cause be extended
pursuant to SMMC Section 9114.6.
Planning
Fees
47.The City is contemplating the
adoption of a Transportation Manage-
ment Plan which is intended to mit-
igate traffic and air quality impacts
resulting from both new and existing
development. The Plan will likely
include an ordinance establishing
mitigation requirements, including
one-time payment of fees on certain
types of new development, and annual
fees to be paid by certain types of
employers in the city. This ordinance
may require that the owner of the
proposed project pay such new develop-
ment fees, and that employers within
the project pay such new annual employer
fees related to the City's Transportation
Management Plan.
Planning, General services
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.
on-going
On-going
on-going
on-going
verify as specified
in the condition.
Compliance as indicated
in final approved TMP
.
48.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 6670 et.seq
6670 et seq. of the Santa Monica Municipal
Code. Building
Demolition
49.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. Building, Fire
50.Unless otherwise approved by the
Recreation and Parks Department and
the Planning Division, at the time of
demolition, any street trees shall be
protected from damage, death, or removal
per the requirements of Ordinance 1242
(CCS). Recreation and Parks
51. 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.
Planning, Building
52.Prior to issuance of a demolition
permit, applicant shall prepare for
Building Division approval a rodent
and pest control plan to ensure that
demolition and construction activities
at the site do not create pest control
impacts on the project neighborhood.
Building
53.prior to issuance of a certificate
of occupancy for this project, the
project shall comply with any ordinance
adopted by the city Council to implement
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.
Prior to Issuance of
Bldg. Permits
On-going prior to demo
Verify with Rec.jPks.
prior to demo.
verify prior to
commencement of
construction
Prior to issuance
of Demo. permit
Prior to C. of o.
.
Program 10 of the Housing Element. In
the event that such an ordinance has
not been adopted prior to the issuance
of a certificate of occupancy for this
development project, this condition
shall be of no further force and effect.
Failure to adopt and implementing
ordinance shall not excuse a developer
from the obligation to comply with any
other condition imposed in connection
with Program 10 of the Housing Element.
Planning
Construction
54.Unless otherwise approved by the
Department of General Services, all
sidewalks shall be kept clear and
passable during the grading and
construction phase of the project.
General Services
55. Sidewalks, curbs, gutters, paving
and driveways which need replacing or
removal as a result of the project as
determined by the Department of
General Services shall be reconstructed
to the satisfaction of the Department
of General Services. Approval for this
work shall be obtained from the
Department of General Services prior
to issuance of the building permits.
General Services
56. 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. General Services
57.Street trees shall be maintained,
relocated or provided as required in a
manner consistent with the City's Tree
Code (Ord. 1242 CCS), per the
specifications of the Department of
Recreation and Parks and the Department
of General Services. No street tree
shall be removed without the approval
of the Department of Recreation and Parks.
Recreation and Parks
58.A construction period mitigation plan
shall be prepared by the applicant for
approval by the Department of General
Services prior to issuance of a building
permit. As applicable, this plan shall
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On-going during grading
and construction
Prior to issuance of
Bldg. Permits
On-going during
Construction
Prior to issuance
of Bldg. Permits
Prior to issuance of
Bldg. Permits
.
.
1) Specify the names, addresses,
telephone numbers and business license
numbers of all contractors and
subcontractors as well as the developer
and architect7 2) Describe how demolition
of any existing structures is to be
accomplished7 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 construction7 5) Set forth the
extent and nature of any pile-driving
operations 7 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 buildings7 8) Describe
anticipated contruction-related truck
routes, number of truck trips, hours
of hauling and parking location;
9) Specify the nature and extent of
any helicopter hauling; 10) State
whether any construction activity
beyond normally permitted hours is
proposed; 11) Describe any proposed
construction noise mitigation measures;
12) Describe construction-period security
measures including any fencing, lighting,
and security personnel; 13) Provide a
drainage plan7 14) Provide a
construction-period parking plan which
shall minimize use of public streets
for parking; 15) List a designated
on-site construction manager.
General Services
59.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 re-
sponding to questions and complaints
during the construction period.
Said sign shall also indicate the
hours of permissible construction
work. Planning, General services,
Building
On-going during
construction
60.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
On-going during
construction
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.
protected to ensure durability of the
copy. Planning, General Services, Building
Environmental Mitigation
6l.Ultra-low flow plumbing fixtures
are required on all new development
and remodeling where plumbing is to be
added. (Maximum 1.6 gallon toilets
and 1.0 gallon urinals and low flow
shower head.) General services
Verify prior to C. of O.
and maintain on-going
52.prior to issuance of a certificate Prior to C. of O.
of Occupancy, project owner shall present
documentation to the General Services
Department certifying that existing
Santa Monica occupancies with toilets
installed prior to 1978 have been
retrofitted with ultra low-flow toilets
(1.5 gallons per flush or less) such
that development of the new project
will not result in a net increase in
wastewater flows. Flow from existing
occupancies which will be removed as
part of the new development may be
deducted from flow attributable to the
new development if such occupancies
have been occupied within one year
prior to issuance of a Building Permit
for the proposed project. Flow
calculations for new development and
existing occupancies shall be
consistent with guidelines developed
by the General Services Department.
General Services
63.To mitigate solid waste impacts, prior to C. of O.
prior to issuance of a Certificate
of Occupancy, project owner shall
submit a recycling plan to the
Department of General Services for
its approval. The recycling plan
shall include 1) list of materials
such as white paper, computer paper,
metal cans, and glass to be recycled:
2) location of recycling bins: 3)
designated recycling coordinator:
4) nature and extent of internal and
external pick-up service; 5) pick-up
schedule: 6) plan to inform tenants/
occupants of service. General services
54.To mitigate circulation impacts, Prior to C. of O.
prior to issuance of a Certificate
of Occupancy, project owner shall
submit a transportation demand
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.
management plan to the Department
of General Services for its approval.
This plan shall include: 1) Name,
address and telephone number of
designated person(s) responsible
for coordinating transportation
demand management measures at the
development. 2) Demand management
measures to be employed at the site
to reduce circulation impacts which
would otherwise occur. Such measures
may include, but are not limited to
programs addressing: A. Education
and Marketing to alert employees and
visitors to the site to demand
reduction programs and incentives;
B. parking Management such as parking
charges for single-occupant vehicles,
reduced rates for car and vanpools;
C. Ridesharing programs such as a
rideshare matching program, incentives,
and car and vanpool subsidies;
D. Transit programs such as provision
of bus schedules to employees and
visitors, subsidized bus tokens and
passes to employees and visitors;
E. Bicycling programs such as
provision of secure bicycle storage
facilities, provision of showers and
lockers; F. Alternative Work Schedules
for building employees to avoid peak
AM and PM traffic hours and reduce
overall trips; G. Trip Length Reduction
by programs to increase proportion of
employees residing within three miles
of the project site. The goal of the
Transportation Demand Management Plan
shall be to reduce vehicle trips which
would otherwise occur by twenty percent.
General Services, Planning
6S.Landscaping plans shall comply
with Subchapter 5B (Landscaping
standards) of the zoning ordinance
including use of water-conserving
landscaping materials, landscape
maintenance and other standards
contained in the Subchapter.
Planning
Miscellaneous Conditions
Verify during ARB and
prior to C. of o.
66.The building address shall be
painted on the roof of the building
and shall measure four feet by eight
feet (32 square feet). Building
verify prior to C. of O.
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. .
67.The operation shall at all times On-going
be conducted in a manner not
detrimental to surrounding properties
or residents by reason of lights,
noise, activities, parking or other
actions. Planning
6a.No medical office use shall be On-going unless modified
permitted at the site unless
additional parking spaces are created
to comply with the Code parking
requirement. Planning
69.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. Planning
on-going during
Construction
70.Refuse areas, storage areas and on-going and verify
mechanical equipment shall screened in prior to C. of O.
accordance with SMMC Section 9040.13-9040.15.
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.
Planning, General Services
7l.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 General Services.
General Services
On-going and verify
prior to C. of O.
Validity of Permits
72.In the event permittee violates or on-going
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. Planning
73.within ten days of Planning Division Prior to ARB
transmittal of the Statement of Official
Action, project applicant shall sign and
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.
return a copy of the statement of Offioial
Action prepared by the Planning Division,
agreeing to the Conditions of approval and
acknowledging that failure to comply with
such conditions shall constitute grounds
for potential revocation of the permit
approval. By signing same, applicant
shall not thereby waive any legal rights
applicant may possess regarding said
conditions. The signed statement shall
be returned to the Planning Division.
Failure to comply with this condition
shall constitute grounds for potential
permit revocation. Planning
74.This determination shall not become
effective for a period of fourteen
days from the date of determination
or, if appealed, until a final
determination is made on the appeal.
Any appeal must be made in the form
required by the zoning Administrator.
Planning
76.The applicant shall comply with the
General Services Department to provide
a 2'6" wide dedication to run adjacent
to the 15 foot wide alley. This
dedication shall be be provided prior
to issuance of building permits.
General services
77.The applicant shall install
directional signage at the parking
garage exit that indicates
right-turn-only vehicle movement may
be made onto Twenty-Third street.
Planning, General services
78.The applicant shall install a
curved raised median strip at the
parking garage exit that forces
vehicles to make a right-turn-only
onto Twenty-Third street. The
specifications of the curved median
strip shall be approved by the
Parking and Traffic Engineer prior
to issuance of building permits.
General Services
PROJECT MITIGATION FEE CONDITION
79.1n accordance with Sections
9046.1 - 9046.4 of the Santa Monica
Municipal Code, prior to issuance
of a building permit the developer
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.
Prior to Issuance
of Bldg. Permits
Prior to Issuance of
C. of O.
Prior to Issuance of
C. of O.
Prior to issuance of
Building Permits
.
shall execute an irrevocable letter
of credit or other form of security
acceptable to the city for the
payment of an in-lieu fee for housing
and parks equal to $2.25jsq.ft. for
the first 15,000 sq. ft. of net
rentable office floor area and
$5.00jsq.ft. for the remaining net
rentable office floor area. This
fee shall be adjusted for inflation
by the percentage change in the
Consumer Price Index ("CPI") between
October 1984 through the month in
which the payment is made. Upon
mutual agreement of the developer
and the city, the developer may
satisfy the Project Mitigation
measures by providing low and
moderate income housing or
developing new park space on or
off the project site. To fulfill
this obligation an agreement shall
be secured in writing by the
developer and approved by the City
Attorney and city staff prior to
issuance of a building permit.
This fee will be $180,240.20 (if
paid prior to April 21, 1990).
Planning
Monitoring of Conditions
SO.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 ap-
proval, including those conditions
intended to mitigate or avoid
significant effects on the
environment. This program shall
include, but is not limited to,
ensuring that the Planning
Division itself and other City
divisions and departments such as
the Building Division, the General
Services Department, the Fire
Department, the Police Department,
the Community and Economic
Development Department and the
Finance Department are aware of
project requirements which must be
satisfied prior to issuance of a
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.
On annual basis on the
Anniversary of effective
date of project approval
.
.
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.
community and Economic Development
mit894
WW:ww
3/27/90
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tt
.
Adopted and approved this 22nd day of May, 1990.
D~ ') ~ .
Mayo
I hereby certify that the foregoing Resolution No. 8029 (CCS)
was duly adopted by the city council of the city of Santa Monica
at a meeting thereof held on May 22nd, 1990 by the following
Council vote:
Ayes: Councilmembers:
Abdo, Katz, Reed, Mayor Zane
Noes: Councilmembers:
Genser
Abstain: councilmembers:
None
Absent: Councilmembers:
Finkel, Jennings
ATTEST:
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