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R-8029 - f 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, - 1 - '" /" . e 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. - :2 - ". / . . (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 - 3 - . . 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 - 4 - . . 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 - 5 - . . 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 - 6 - . . 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. - 7 - . . 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 - 8 - . . 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 - 9 - . . 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 - 10 - . - 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: ~ t-' \~ ROBERT M. MYERS city Attorney Attachment- Project Mitiqation Monitorinq Plan w/EF44894 ww/03j22/90 - 11 - . . 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 - 1 - 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 - 4 - . 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 - 3 - . 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 - 2 - . 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 - 5 - . 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 - 6 - . 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 - 7 - . 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 - 8 - . 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 - 9 - . 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 - 10 - . . 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 - 11 - . . 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. - 12 - . . 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 - 13 - . 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 - 14 - . 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 - 15 - . 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 - 16 - 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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