PCD:SF::f:\plan\share\council\strpt

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney

ATTACHMENT B

NOTICE OF PUBLIC HEARING

NOTICE OF A PUBLIC HEARING

BEFORE THE SANTA MONICA CITY COUNCIL

SUBJECT: Ordinance for Introduction and First Reading to Amend Section 9.04.08.18.060 of the City’s Zoning Ordinance

C3 (Downtown Commercial) Zoning District

APPLICANT: City of Santa Monica

A public hearing will be held by the City Council to consider the following request:

Ordinance for introduction and first reading to amend Section 9.04.08.18.060 of the City’s Zoning Ordinance. The amendment would allow modification of the requirement for a public entrance every 100 feet provided that appropriate findings can be made.

DATE/TIME: TUESDAY, FEBRUARY 25, 2003, AT 6:45 p.m.

LOCATION: City Council Chambers, 2nd Floor, Santa Monica City Hall

1685 Main Street, Santa Monica, California

HOW TO COMMENT

The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting.

Address your letters to: City Clerk

Re: 02TA-008

1685 Main Street, Room 102

Santa Monica, CA 90401

MORE INFORMATION

If you want more information about this project or wish to review the project file, please contact Patrick Clarke, Associate Planner at (310) 458-8341, or by e-mail at patrick-clarke@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org.

The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.

Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.

ESPAÑOL

Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341.

APPROVED AS TO FORM:

___________________________

JAY M. TREVINO, AICP

Planning Manager

f:\plan\share\council\notices\02TA008.doc

ATTACHMENT C

PLANNING COMMISSION STAFF REPORT DATED

JANUARY 8, 2003 W/OUT ATTACHMENTS

CP:JT:AS:PF:PC:f:\plan\share\pc\stfpt\02\02DR015

Planning Commission Meeting: January 8, 2003 Santa Monica, California

TO: The Honorable Planning Commission

FROM: Planning Staff

SUBJECT: Environmental Impact Report 02-001,

Development Review Permit 02-015,

Conditional Use Permit 02-025,

Conditional Use Permit 02-026,

Variance 02-027, and

Text Amendment 02-008.

Addresses: 1343 Sixth Street (Main Library)

1324 Fifth Street (Temporary Library)

Applicant: City of Santa Monica Library

Property Owner: City of Santa Monica

INTRODUCTION

Action: Applications for Development Review Permit 02DR-015, Conditional Use Permit 02CUP025, and Text Amendment 02TA008 to permit the construction of a new two-story, 102,058 square foot new Main Library for the City of Santa Monica with 32 surface parking spaces and three levels of subterranean parking containing 527 parking spaces located at 1343 Sixth Street. A Development Review Permit is required for developments over 30,000 square feet in size in the C3 zoning district under the requirements of the Zoning Code. A Conditional Use Permit is required in all zoning districts for government uses (libraries). An amendment to the City’s Zoning Ordinance is required to permit the Architectural Review Board to approve exceptions from the requirement of one public entrance for every one hundred feet of building façade required of buildings in the C3 zoning district.

In addition, the project also includes applications for Conditional Use Permit 02CUP026 and Variance 02VAR027 for the use of an existing 24,387 square feet building located at 1324 Fifth Street for 24-months as a temporary library during construction of the new permanent facility. Government uses (including libraries) require a Conditional Use Permit in all zoning districts in the city. The Variance request is to reduce the required amount of on-site off-street parking spaces from 98 to 23 spaces.

An Environmental Impact Report (EIR) has been prepared that examines the potential environmental impacts of the proposed projects.

Recommended Action: Staff recommends that the Planning Commission take the following actions:

1. Adopt a resolution certifying Environmental Impact Report 02EIR01;

2. Adopt a resolution approving a Statement of Overriding Consideration and Mitigation Monitoring Program;

Approve Development Review Permit 02DR-015;
Approve Conditional Use Permit 02CUP-025;
Approve Conditional Use Permit 02CUP-026;
Approve Variance 02VAR-027; and
Recommend approval of Text Amendment 02TA-008 to the City Council.

California Environmental Quality Act Expiration Date: March 26, 2003

Permit Streamlining Expiration Date: 180 days from certification of the Environmental Impact Report, pursuant to Government Code Section 65950.

SITE LOCATION AND DESCRIPTION

The existing Santa Monica Main Library is located on a 2.57-acre site that is bound by 6^th Street on the west, Santa Monica Boulevard on the south and 7^th Street on the east. The existing library is a 2-story, approximately 60,000 square foot structure. The remainder of the site consists of a surface parking area with ornamental landscaping such as bushes, and palm and eucalyptus trees. In addition, a utility easement is located through the center of the site, adjacent to the library building. The proposed new Main Library project would expand the existing footprint of the library into the existing surface parking area to accommodate the programmed building square footage, as well as the allowances for landscaping, setbacks, and other City of Santa Monica zoning requirements.

Surrounding land uses include a two-story office building (Oracle) and a six-story office building (Verizon) to the north. To the east of the site along Seventh Street are one-to four story commercial buildings, parking uses and multi-family residential uses. South of the project site are low-scale commercial uses and a five-story commercial mixed-use project at the corner of Santa Monica Boulevard and Seventh Street. Land uses west of the project site include one-to-two story commercial buildings, the three-story Santa Monica Family YMCA and parking uses.

The project also includes the interior modification of an existing 24,387 square foot building located at 1324 Fifth Street as a temporary (24-month) site for the library during construction of the new facility. The temporary facility will provide 23 off-street parking spaces. Surrounding land uses for the temporary facility include commercial uses to the east and west and surface parking to the north and south.

Zoning District: C3 (Downtown Commercial District) for the new library and C3C (Downtown Overlay) for the temporary library

Land Use District: Institutional and General Commercial for the new Main Library site; General Commercial with Downtown Core for the temporary library location.

Parcel Area: 2.57 Acres

PROJECT DESCRIPTION

The new Main Library will include traditional library programs and materials and include amenities such as a central courtyard and café, various community-meeting spaces, a computer lab, and a separate space for the Santa Monica Historical Society Museum. The proposed project is two-stories, approximately 43’ 11” high (including a parapet), with a total of 102,058 square feet of floor area. The new library will be built above three levels of subterranean parking containing 527 parking spaces with ingress and egress from Seventh Street. An additional 32 parking spaces will be provided in an at-grade parking lot located along the north side of the proposed library with ingress from Seventh Street and egress to Sixth Street. The proposed hours of operation will remain unchanged from the current facility which are Monday through Thursday 10:00 a.m. to 9:00 pm., Friday and Saturday 10:00 a.m. to 5:30 p.m. and Sunday 1:00 p.m. to 5:00 p.m.

The primary entrance to the new Main Library will be relocated to the corner of Santa Monica Boulevard and Sixth Street with an entry courtyard provided at that location. An entrance is also provided through an entry garden off Sixth Street at the northern edge of the building and there is an entry off Seventh Street. In addition, there will be access to the library from the subterranean parking garage and the parking lot at the north side of the project site. Ample glass along the building facades is provided to show activity within the building, particularly along the second floor. There are building setbacks along the four sides of the proposed building which provide for landscaped areas and building articulation.

The first floor of the proposed new library will consist of approximately 53,353 square feet and will accommodate uses such as the main reading room, an auditorium, circulation services, media services, youth services and the Friends of the Library Store. In addition to the provision of traditional library programs and materials, the new Main Library will also include amenities such as a central courtyard and café, various community-meeting spaces, a computer lab, and a separate 5,000 square foot space for the Santa Monica Historical Society Museum.

The central concept for the ground floor is to take advantage of the connection with the outdoors, providing strong links between garden spaces, entrances, and the interior. A courtyard, located at the center of the Library on the ground floor, would include a small café and provide visitors with an opportunity for outdoor reading and access to refreshments. The courtyard and café would be located in the central portion of the mid-block pedestrian passage linking Sixth Street to Seventh Street.

The second floor will be approximately 46,622 square feet in size and will provide space for uses such as library staff, research and study activities, periodicals, computer commons (consisting of up to fifty computers), periodicals, library administration space, a multi-purpose room and tutoring rooms.

Three levels of subterranean parking are proposed beneath the new Main Library, providing 527 parking spaces with ingress and egress from Seventh Street. Of the total parking spaces provided, the City’s Parking Authority will continue to own 157 spaces on site, which could provide additional spaces to accommodate uses in the City’s downtown area, in compliance with the concepts identified in the City of Santa Monica Downtown Parking Management Program. Level two of the subterranean parking garage will also contain a 760 square foot area used for maintenance purposes, and level three will have a storage room that is 1,323 square feet. Vehicle access to and from the subterranean parking garage will be from Seventh Street with a ramp provided at the northern side of the project site. Access to the surface parking area will also be from Seventh Street but egress will only be provided to Sixth Street. The project plans are provided in Attachment H.

Landscaping is proposed along all sides of the building and along the Santa Monica Boulevard, Sixth and Seventh Street frontages in compliance with the City’s landscaping requirements. Landscaping is also provided in a reception courtyard located in the middle of the proposed building and adjacent to the surface parking lot and by the north entrance to the building. Reading gardens are proposed on the Seventh Street side of the building. All landscaping and design plans will be reviewed and approved by the Architectural Review Board prior to the issuance of a building permit.

While the new Main Library is under construction the City proposes to convert a former bank building, located at 1324 Fifth Street, to library use for approximately 24-months. The building contains a total of 24,387 square feet with three stories and a basement. Approximately 30% of existing library services would be provided there, and 75% of staff would be relocated there during construction. The remaining Main Library staff will be disbursed to the 3 branch libraries. The proposed temporary location will provide 23 off-street parking spaces on-site which is less than the 98 spaces required by code. A parking variance, therefore, is required for the temporary library site for the 24-month period while the new Main Library is under construction. The temporary facility will maintain the same operating hours as the current facility as listed above.

MUNICIPAL CODE CONFORMANCE AND GENERAL PLAN CONFORMANCE

With approval of the variance and text amendment, the proposed projects comply with the Zoning Ordinance and the General Plan.

HISTORIC RESOURCES INVENTORY STATUS

Neither site is listed in the City’s Historic Resources Inventory. The existing library building was constructed in 1964-65. No exterior modifications are proposed at the temporary facility at 1324 Fifth Street. The EIR did not identify any impacts to historic resources as a result of the project.

RENT CONTROL STATUS

Both sites are exempt from Rent Control as they are institutional and commercial buildings.

FEES

There are no special fees associated with either project.

PUBLIC NOTIFICATION

Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. A copy of the site posting photograph is contained in Attachment B. It is the applicant's responsibility to update the hearing date if it is changed after posting.

In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the “California” Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C.

ANALYSIS

Background

The City of Santa Monica proposes to construct a new Main Library to replace the existing Main Library that opened in 1965. The existing facility contains approximately 60,000 square feet of program space, which includes 6,500 square feet of auditorium/community meeting rooms (238 seats). The site also contains a surface parking lot with 189 spaces. Currently, the City’s General Plan designates the site as General Commercial and Institutional. The entire project site is zoned C3 (Downtown Commercial) under the City’s Zoning Ordinance.

The temporary library would be located at 1342 Fifth Street for approximately 24 months. The site is designated as General Commercial according to the City’s General Plan. The site, which contains a 24,387 square foot building, is zoned C3C (Downtown Overlay).

The existing Main Library and the three other branch libraries currently serve the community. In response to community interest in providing expanded library services and resources, the City initiated a formal planning process, consisting of focus groups, surveys, and community meetings, that ultimately resulted in a Library Master Plan in 1996. In 1998, the voters approved a $25,000,000 bond measure to fund improvements to the Main and Branch libraries. Since that approval, the City selected the firm of Moore Ruble Yudell Architects & Planners (MRY) to develop the architectural concept and detailed architectural plans for the proposed new Main Library. Current plans state that the proposed New Main Library would consist of a 102,058 square foot facility, including 559 parking spaces located at grade and within 3 levels of subterranean parking.

The project has received extensive review and comment by the community.

NEW MAIN LIBRARY

General Plan and Zoning Consistency

The replacement of the Main Library at its present location is consistent with Land Use Element Objective 1.3 which states that the downtown should be reinforced as the focus of the City, supporting the greatest concentration of activity. Additionally, Land Use Policy 1.3.1 states that the City policies for the downtown should: “Encourage the concentration of land uses and activities which create activity in both the daytime and evening hours.” In addition to traditional library services, the new library will provide a library store, an auditorium, space for media and youth services, a central courtyard and café, various community-meeting spaces, a computer lab, and a separate 5,000 square foot space for the Santa Monica Historical Society Museum. These spaces will provide for daytime and evening activities and will serve as a public gathering space. The library will enliven the Sixth and Seventh Street areas of downtown as it will remain open until 9:00 p.m. during the weekday evenings and provide pedestrian activity during times when pedestrian activity is typically less than during the day.

The use of the surface parking lot for the expanded Main Library and the development of City-owned subterranean parking is consistent with Land Use Objective 1.11 which requires that the City: “Provide land for parks and other public facilities adequate to meet future needs.” The additional subterranean parking will help meet a critical demand for more parking in the downtown.

Development Review Permit 02DR-015

A Development Review Permit is required for any new development over 30,000 square feet in the C3 zoning district under the provisions of the Zoning Code. The proposed building is 102,058 square feet in size which requires the Planning Commission to review the project and make applicable findings. Overall, the physical location, size, massing, placement of the building and location of the proposed uses are compatible with and relate harmoniously with the surrounding sites and neighborhood. The 2-story, 43’11”, 102,580 square foot building will have frontages along Santa Monica Boulevard and Sixth and Seventh Streets. Its scale and massing are comparable to the surrounding buildings in the vicinity which range in size from one to five stories in height and include a variety of styles and uses including a five-story mixed-use complex, the three-story YMCA, a two-story office building owned by Oracle, and a six-story office building owned by Verizon. The proposed new Main Library is being designed/constructed to continue to provide the same essential community services as the existing Library on the same parcel, only within a new, flexible, modern and expanded facility that better meets the changing needs of the community.

The new Main Library will be a beneficial addition to the downtown area and will provide the residents of the city with essential services in an attractive, well-designed civic building that relates to its site and neighborhood. The design of the New Main Library focuses on providing direct pedestrian access from all three streets surrounding the project (6^th Street, 7^th Street, and Santa Monica Boulevard). Bus access will continue to be provided along Santa Monica Boulevard. Direct vehicular access is available from 7^th Street in order to limit the potential for congestion on Santa Monica Boulevard. Surface parking is available at the northern portion of the property to accommodate short term parking needs; however, the majority of the parking will be housed in three levels of subterranean parking that will accommodate both Library patrons and provide much needed additional public parking in the downtown.

Conditional Use Permit 02CUP-025

A Conditional Use Permit application has been filed for the new Main Library in accordance with Santa Monica Municipal Code (SMMC) Section 9.04.06.080, which allows City government uses in any zoning district of the city subject to the approval of a Conditional Use Permit.

The replacement of the Main Library in the downtown area is consistent with Land Use Element Objective 1.3 which states that the downtown should be reinforced as the focus of the City, supporting the greatest concentration of activity. Additionally, Land Use Policy 1.3.1 states that the City policies for the downtown should: “Encourage the concentration of land uses and activities which create activity in both the daytime and evening hours.” The new Main Library will function as a community center with a wide range of public serving activities. In addition to traditional library services, the new library will provide a library store, an auditorium, space for media and youth services, a central courtyard and café, various community-meeting spaces, a computer lab, and a separate space for the Santa Monica Historical Society Museum. These spaces will provide for daytime and evening activities and serve as a public gathering spaces. The library will enliven the Sixth and Seventh Street areas of downtown as it will remain open until 9:00 p.m. during the weekday evenings and provide pedestrian activity during times when pedestrian activity is typically less.

The use of the surface parking lot for the expanded new Main Library, and the development of City-owned subterranean parking is consistent with Land Use Objective 1.11 which requires that the City: “Provide land for parks and other public facilities adequate to meet future needs.” The addition of subterranean parking spaces will help meet a critical demand for downtown parking spaces.

Text Amendment 02TA-008

The development standards for the C3 zoning district contained in SMMC Section 9.04.18.060 (h) require the building façade at the street frontage to contain at least one public entrance or other publicly accessible pedestrian-oriented use every 100 feet. In addition, SMMC Section 9.04.10.02.440 requires a list of pedestrian oriented design elements at the street frontage of the building. Under the Code, the Architectural Review Board may modify the requirements for the pedestrian oriented design elements if there are practical difficulties, unnecessary hardships or unusual circumstances associated with the project. However, no such modification is permitted for the requirement of public entrances or pedestrian oriented uses every 100 feet.

The unique design, floor plan and secured access requirements of a large institutional building such as the new Main Library make it difficult to comply with all of the pedestrian oriented design standards required of buildings only under the C3 zoning district regulations. This requirement for entrances every 100 feet only exists for the C3 district and not for any of the other zoning district in the entire city. The proposed text amendment would allow for modifications to the requirements for public entrances or publicly accessible uses by the Architectural Review Board in the same manner and with the same findings associated with the pedestrian oriented design requirements. The findings to be made by the Architectural Review Board require that strict application of the provisions would result in practical difficulties, or that there are exceptional circumstances applicable to the proposal and that it would not adversely impact neighboring properties or be to the detriment of the district’s pedestrian-oriented environment. The proposed text amendment language is contained in Attachment G.

Neighborhood Compatibility

The proposed building would replace the existing Main Library and surface parking lot with a well-designed contemporary building with subterranean parking. The land uses surrounding the project site are predominantly commercial with some residential uses. The proposed new Main Library is of a size and height similar to the mix of buildings in the neighborhood. The building provides a valuable asset to the residents and employees in the area by offering a pedestrian oriented use in an attractive well-designed modern building. The building will be compatible with the diversity of uses, designs and sizes of existing buildings in the neighborhood. The project site is located in close proximity to the new transit mall on Santa Monica Boulevard (between Ocean Avenue and Fifth Street) and the Third Street Promenade which will provide additional opportunities for customers to access the facility without using their cars. The proposed building contains pedestrian entrances at the ground floor adjacent to Sixth and Seventh Streets and Santa Monica Boulevard. The building is of a size and massing similar to the varied mix of buildings and uses in the neighborhood. In addition, portions of the first floor of the building contain windows which provide transparency into the building and enhance the pedestrian oriented features of the building. Photos of the site and surrounding area are provided in Attachment H.

TEMPORARY LIBRARY

General Plan and Zoning Consistency

The building located at 1324 Fifth Street is proposed as a temporary library site for 24-months while the new Main Library is under construction. Similar to the new Main Library, the location of the temporary library in the downtown is consistent with Land Use Element Objective 1.3 which states that the downtown should be reinforced as the focus of the City, supporting the greatest concentration of activity. Additionally, Land Use Policy 1.3.1 states that the City policies for the downtown should: “Encourage the concentration of land uses and activities which create activity in both the daytime and evening hours.” The temporary library will enliven the Fifth Street area of downtown as it will remain open until 9:00 p.m. during the weekday evenings and provide pedestrian activity during times when pedestrian activity is typically less. The project is generally consistent with the General Plan and Municipal Code; however, a variance is needed for parking as only 23 spaces are provided instead of the 98 spaces required by the Municipal Code. The variance would lapse after the temporary library use is discontinued and the new Main Library is re-established at 1343 Sixth Street. Further uses of the temporary library site must comply with applicable parking requirements.

Conditional Use Permit 02CUP-026

A Conditional Use Permit application has been filed for the temporary facility in accordance with Santa Monica Municipal Code (SMMC) Section 9.04.06.080 which allows City government uses in any zoning district of the city subject to the approval of a Conditional Use Permit. The temporary library, as a City government use, is subject to this provision provided applicable findings can be made. The relocation of the library to 1324 Fifth Street during construction is appropriate as the site is in close proximity to the present library site. As such, library patrons will not have to significantly alter their established transportation patterns to the temporary site. The use is complementary to other commercial and residential uses in the area and will serve office workers, residents and visitors to the downtown. The temporary library facility will provide library services in the downtown during daytime and evening hours, enlivening the 1300 block of Fifth Street with pedestrian activity during those hours. Finally, the existing building at the site is of sufficient size to accommodate the temporary library for the expected 24-month construction period with only interior modifications.

Variance 02VAR-027

In accordance with Zoning Ordinance standards, the use of the 24,387 square foot building at 1324 Fifth Street as a temporary library will require 98 off-street parking spaces (1 parking space per 250 square feet). However, parking for only 23 vehicles is available on the project site. Staff is supportive of the parking variance given the public purpose and benefit of the temporary library, the temporary (24-month) duration of the use of the building and the proximity of transit throughout the downtown and Bayside District. There are no available buildings of sufficient size in close proximity to the existing Main Library site that have the required number of off-street parking spaces that can be used as a temporary library. The subject site is the only property currently available that is in close proximity to the current Main Library site and is of sufficient size to accommodate the temporary library use. The temporary facility is also adjacent to the City’s Transit Mall which provides a public transportation connection for the entire city. The use of the building is temporary during the 24 months while the new Main Library is under construction. This will enable redevelopment of the Main Library site, which will provide 325 additional parking spaces upon completion.

Neighborhood Compatibility

The existing building at 1324 Fifth Street was formerly a bank which is currently vacant. Surrounding land uses for the temporary facility include commercial uses to the south and north and vacant land to the north and south. The subject area is a dense urban environment with a mix of uses. The temporary location of the library in the vacant building will add to this mix of uses and be compatible with the neighborhood.

CEQA ANALYSIS

An Environmental Impact Report (EIR) has been prepared that addresses both the new Main Library and the temporary library in accordance with Section 15087 of the CEQA Guidelines. A Notice of Preparation (NOP) was filed with the California Office of Planning and Research and distributed to involved public agencies and interested parties for a 30-day public review period which began April 5, 2000 and concluded on May 6, 2002. A second Notice of Preparation was issued on June 24, 2002 when changes to the temporary library location were made. The 30-day public review period for the second NOP concluded on July 24, 2002.

Copies of the Draft EIR were made available on September 20, 2002 for a public review period, which closed on October 21, 2002. No comment letters on the draft EIR were received during this comment period.

Since the public comment period concluded, new information has become available that indicates an increase in cumulative traffic conditions in the vicinity of the project and a parking shortfall at the temporary site, thereby requiring modifications to the DEIR analysis. Specifically, a total of 45 projects have been added to the Cumulative Projects List and the amount of parking available to the temporary library site was reduced from 76 spaces to 23 spaces.

CEQA Section 15088.5(a) requires that an EIR be re-circulated when significant new information, including changes in the project, is added to the EIR after notice of public review but before certification. New significant information includes new significant impacts or substantial increases in the severity of environmental impacts. The addition of the projects to the Cumulative Projects List would result in new significant project-related traffic impacts. The reduction in the number of parking spaces available to the temporary library site from 76 to 23 will result in a new short-term significant and unavoidable impact. Therefore, the EIR was re-circulated for a 30 day public review and comment period which ended on December 30, 2002. Details of the significant impacts are discussed below.

This EIR addresses the potential environmental effects of the proposed project for the new Main Library and the temporary facility. The scope of the EIR includes environmental issues determined to be potentially significant by the Initial Study (IS), Notice of Preparation (NOP) and responses to the NOP. The environmental study determined that the proposed project would have minimal, or no impacts for the following six environmental categories. Because potential effects on these impacts were found not to be significant, further analysis of these impacts was not required or provided in the EIR:

Mineral resources Public Services (schools and parks)

Agricultural Resources Population and Housing

Recreation Economic and social impacts

The IS/NOP identified potentially significant impacts on the following issue areas associated with the construction and/or operation of the proposed project, which are addressed in detail in the EIR:

Aesthetics Air Quality

Public Services and Utilities Noise

Construction Effects Geology and Soils Transportation/Traffic Land Use and Planning Neighborhood Effects Hazards and Hazardous Materials

Hydrology and Water Quality

Based on comments received during the IS/NOP comment period from the Native American Heritage Commission and the California Department of Fish and Game, the proposed project’s effects on the following issue areas are also included in this EIR:

Biological Resources Cultural and Historic Resources

The EIR analyzed the issues referenced above and identified potentially significant environmental impacts, including site-specific and cumulative effects of the project in accordance with the provisions set forth in the CEQA Guidelines. The EIR also recommends feasible mitigation measures, where possible. To be feasible, the mitigation measure must eliminate or reduce the adverse effect so that its impact would be considered less than significant pursuant to City and CEQA significance criteria. Significant impacts were found in the areas of Aesthetics, Construction Effects, Geology, Noise, Neighborhood Effects, Archeological and Paleontological Resources and Demolition. However, the recommended mitigation measures will reduce impacts to less than significant levels.

A brief description of the impact and summary of the recommended mitigation measure for these mitigatable impacts is provided in the Summary of the Significant Impacts section of the EIR. As discussed below, significant, unavoidable and adverse impacts that cannot be mitigated are identified by the EIR for Transportation/Traffic.

· Transportation/Traffic - traffic impacts to 5 intersections and short-term parking impacts associated with the temporary library site.

Traffic/Circulation

The EIR prepared for the projects identifies significant adverse impacts at 10 of 30 intersections studied. Mitigation measures identified for 4 of the intersections, Sixth Street/ Wilshire Boulevard, Lincoln Boulevard/Santa Monica Boulevard, Lincoln Boulevard/Colorado Avenue and Lincoln Boulevard/ Colorado Avenue, would reduce the adverse impacts to insignificant levels. However, significant and unavoidable impacts related to Levels of Service (LOS) and volume/capacity ratios remain at five intersections:

· Lincoln Boulevard/I-10 westbound ramp;

· Lincoln Boulevard/I-10 eastbound ramp;

· Fourth Street/Wilshire Boulevard,;

· Fourth Street/Arizona Avenue, and,

· Fourth Street/Olympic Drive/I-10 eastbound on-ramp.

These adverse traffic-related environmental impacts cannot be mitigated due to physical and operational constraints in light of the City’s policy to avoid widening streets and to minimize removal of on-street parking spaces. The widening of streets at the Fourth Street intersections would require the elimination or narrowing of the sidewalks in an area of significant pedestrian activity including the Downtown area of the City and the area. Therefore, the impacts at these intersections are considered to be significant and unavoidable. The full discussion of the traffic impacts and mitigation measures can be found on pages 4.9-1 through 4.9-39 of the EIR and in the Recirculated DEIR (November 2002).

Parking for the temporary library

The 23 parking spaces at the temporary library site will not be sufficient to accommodate all of the demands generated by the relocated library patrons and employees. It is anticipated that the library employees would park in Parking Structure #5 on Fourth Street while library patrons exceeding the on-site capacity will park on the street or in the downtown parking structures. Since the downtown parking structures are heavily utilized during the library’s peak demand periods, the increased demand for on-street parking spaces and spaces within the parking structures would constitute a significant short-term unavoidable impact during the 24-month project construction.

Project Alternatives

CEQA also requires that an EIR evaluate alternatives to the proposed project, including a “No Project” alternative. Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment, the discussion of alternatives focuses on changes to the project or the project location which are capable of achieving the objectives of the proposed project while avoiding or substantially lessening any significant effects associated with the project. However, only feasible alternatives need be studied. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.

The following three alternatives to the proposed project were analyzed in the EIR in compliance with CEQA requirements: Reduced Intensity; Alternative Sites; and No Project.

No Project

Under this alternative, all existing library materials and programs would continue to be at the existing 60,000 square foot Main Library located at 1343 Sixth Street, along with the existing employees and the same number of parking spaces. The existing 234 parking spaces would remain with 157 of them used by the City’s Parking Authority for non-library uses. The facility would continue to be for library users, and no retail uses or community meeting rooms would be provided on-site.

Reduced Intensity

Under the Reduced Project Size Alternative, the new Main Library facility would be reduced in floor area by 25 percent when compared to the proposed project, resulting in a 76,544 square foot facility. In turn, the number of daily patrons and the number of employees per shift would also be reduced, although not proportionately to the size of the new library facility. The number of on-site parking spaces provided within the surface parking lot and subterranean garage would also be reduced from the proposed 559 parking spaces to 419 spaces. In addition to the library use, all associated amenities included under the proposed project such as the community meeting rooms, auditorium, Friends of the Library Store, and café would be included under this alternative at a reduced scale by approximately 25 percent. Lastly, a landscaping plan would be implemented and gardens and trees would be provided on site, as well as bicycle racks.

Alternative Sites for Associated Amenities

The evaluation of alternative sites is subject to special consideration under CEQA. A discussion of alternative sites is needed if the project “may be feasibly accomplished in a successful manner considering the economic, environmental, social, and technological factors involved” at another site.

Santa Monica is a highly urbanized area and underdeveloped or vacant land parcels similar in size to the project site are limited. No other sites that would meet the size, cost, and land use designation criteria needed to accommodate the project are known to be available for acquisition at this time. Moreover, given the time and expense that have already been invested in the proposed project site, implementing the project at another site may not be feasible from a timing or economic standpoint. Additionally, it is reasonable to assume that due to the scale of the proposed project, significant impacts related to traffic and circulation, construction-related noise, and neighborhood effects would occur even if the proposed project were located at an alternate site within the City. Therefore, further specific discussion of alternative sites does not appear to be warranted.

Alternatives Considered but Rejected from Further Analysis

No Project/Reasonably Foreseeable Alternative

The No Project/Reasonably Foreseeable Alternative consists of the predictable or most likely development that would occur on the project site if the proposed project did not proceed. Currently, the project site is zoned C3 Downtown Commercial. If the City decides to sell the parcel that currently contains a surface parking lot on the project site, development of commercial uses would be consistent with the existing zoning. However, it is unlikely the City would sell this parcel since 158 parking spaces are owned by the City of Santa Monica Parking Authority and are utilized by various City departments. In addition, the remaining parking spaces within the parcel on which the library is situated would not be adequate to serve the existing needs of the library. Therefore, it is unlikely and not reasonably foreseeable that the City would sell this parcel, and commercial uses would be developed. Thus, this alternative was considered but rejected from further analysis.

Temporary Site Locations

The public expects continuous access to the library collection which is evidenced in the strong community support for the new facility. Therefore, finding a temporary site during redevelopment of the Main Library was an important priority in the process. Prior to the selection of the 1324 Fifth Street temporary site, four other locations were considered: (1) 820 Broadway; (2) 628 Broadway; (3) 606 Broadway; and (4) 1855 Main Street (The Civic Auditorium parking lot). The three sites on Broadway were considered but were not available for use as a temporary site after the release of the IS/NOP. Additionally, the parking lot at the Civic Auditorium was also considered but was rejected as the temporary library would occupy critically needed parking spaces in the Civic Center area for 24-months during construction of the new Main Library.

Environmentally Superior Alternative

The No Project Alternative would be environmentally superior to the proposed project on the basis of the minimization or avoidance of physical environmental impacts. However, the CEQA Guidelines require that if the environmentally superior alternative is the No Project Alternative, “the EIR shall also identify an environmentally superior alternative among the other alternatives.” Although most of the environmental impacts would be less under the Alternative Site for the Associated Amenities Alternative when compared to the proposed project, not all of the project objectives would be met. Implementation of the Alternative Site would not meet the project’s goal of providing a modern, flexible, and environmentally sustainable facility, or providing a community center that people regularly visit since the library uses would be in two locations. In addition, this alternative would not meet the goal of providing the required number of parking spaces below ground.


Comparison of Alternatives to the Proposed Project
Environmental Issue Area	No Project	Reduced Intensity	Alternative Site for Associated Amenities
Aesthetics	–	–	–
Air Quality	–	–	–
Geology and Soils	–	=	–
Hazards and Hazardous Materials	–	=	–
Hydrology and Water Quality	–	–	–
Land Use	–	–	+
Noise	–	–	–
Public Services and Utilities	–	–	–
Traffic	–	=	-
Biological Resources	–	=	–
Cultural Resources	–	=	–
(–) = Impacts considered to be less when compared with the proposed project. (+) = Impacts considered to be greater when compared with the proposed project. (=) = Impacts considered to be equal or similar to the proposed project.

Statement of Overriding Considerations

As stated previously, the Planning Commission must certify the projects’ Environmental Impact Report prior to project approval. The EIR identifies significant unavoidable adverse environmental impacts. The Commission may certify the EIR with these impacts. However, before the Commission could approve one or both of the projects, the Commission would have to adopt a Statement of Overriding Considerations. A Statement of Overriding Considerations is a determination by the Commission that the economic, legal, social, technological or other benefits of the proposed project outweigh the unavoidable adverse environmental impacts.

The most significant unavoidable impacts are traffic related. The EIR prepared for the projects identifies significant adverse impacts during one or both of the weekday peak periods at 8 of 30 intersections studied. Mitigation measures identified for 3 of the intersections, Sixth Street/Wilshire Boulevard, Lincoln Boulevard/Colorado Avenue and Lincoln Boulevard/Santa Monica Boulevard, would reduce the adverse impacts to insignificant levels. However, significant and unavoidable impacts remain at five intersections where environmental impacts cannot be mitigated:

· Lincoln Boulevard/I-10 westbound ramp

· Fourth Street/Wilshire Boulevard

· Fourth Street/Arizona Avenue

· Fourth Street/Olympic Drive/I-10 eastbound ramp

· Lincoln Boulevard/I-10 eastbound ramps.

Staff has evaluated the public benefits derived from the project and believes adoption of a Statement of Overriding Considerations can be supported. The proposed new Main Library will provide a 102,058 square foot facility for use by the community. The new Main Library will provide expanded traditional library programs, services and materials and will also include amenities such as an auditorium, library store, central courtyard and café, various community-meeting spaces, a computer lab, and a separate space for the Santa Monica Historical Society Museum. The library is an integral part of Santa Monica providing multiple service to all residents of the city and is a focal point for the community. A total of 559 parking spaces will be provided (compared to the existing 234 spaces), which will help alleviate a shortage of downtown parking spaces. The design of the new Main Library will also incorporate green building features and elements consistent with City policy.

SUMMARY AND CONCLUSION

The existing Main Library and the three other branch libraries currently serve the community. In response to community interest in providing expanded library services and resources, the City initiated a formal planning process, consisting of focus groups, surveys, and community meetings, that ultimately resulted in a Library Master Plan in 1996. The proposed new Main Library represents the culmination of years of work on behalf of the City and its residents. The City of Santa Monica proposes to construct a flexible, modern, and expanded library facility to replace the existing Main Library in its present location. The proposed project will include the construction of a new two-story, 102,058 square foot facility with surface parking and two levels of subterranean parking. The temporary library will be located at 1342 Fifth Street for approximately 24-months. Staff recommends that the Planning Commission approve the new Main Library and the temporary library location for use during construction.

Alternatives

Other than the recommended action, the Planning Commission may:

· Certify the Environmental Impact Report, approve the Statement of Overriding Considerations and Mitigation Monitoring Program and approve the project based on revised findings and conditions;

· Continue project for redesign;

· Deny project without prejudice based on revised findings; or

· Deny project based on revised findings.

RECOMMENDATION

Planning staff recommends that the Commission take the following actions based on the following Findings and Conditions:

1. Adopt the Resolution certifying the Final Environmental Impact Report contained in Attachment D;

2. Adopt the Resolution adopting a Statement of Overriding Considerations and Mitigation Monitoring Program contained in Attachment E;

3. Approve Development Review Permit 02-015;

Approve Conditional Use Permit 02-025 for the new Main Library;
Approve Conditional Use Permit 02-026 for the temporary library;
Approve Variance 02-027 for the temporary library; and
Recommend that the City Council adopt an ordinance amending Article IX of the Municipal Code as outlined in Attachment F.

Development Review Permit Findings – DR02-015

1. The physical location, size, massing, and placement of proposed structures on the site and the location of the proposed uses within the project are compatible with and relate harmoniously to the surrounding sites and neighborhoods, in that the new Main Library will continue to provide the same essential community services as the existing library on the same parcel, only with a modern, flexible and expanded facility to better meet the changing needs of the community. The 2-story, 43’11”, 102,580 square foot building will have frontages along Santa Monica Boulevard and Sixth and Seventh Streets and will be of a scale and massing comparable to the surrounding buildings in the neighborhood which range in size from one to five stories in height and include a variety of styles and uses. The building will contains entrances adjacent to the three streets that the building fronts providing pedestrian access and enhancing the library’s pedestrian orientation. The building will contain windows facing the streets which will provide a visual transparency for the library. In addition, landscaping in excess of what is required by the Code is provided around the building and in the surface parking lot to the north of the building.

2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the design of the New Main Library focuses on providing direct pedestrian access from all three streets surrounding the project (6^th Street, 7^th Street, and Santa Monica Boulevard). Bus access will continue to be provided along Santa Monica Boulevard. Direct vehicular access is available from 7^th Street in order to limit the potential for congestion on Santa Monica Boulevard. Surface parking is available at the northern portion of the property to accommodate short term parking needs; however, the majority of the parking will be housed beneath the new Main Library structure in three (3) levels of subterranean parking which will accommodate both Library patrons and additional public parking needs in the downtown.

3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the new Main Library is located within an urbanized area that is already served by exiting infrastructure. No new safety services or public infrastructure will be required by this project.

4. Any on-site provision of housing or parks and open public space, which are part of the required project mitigation measures required in Subchapter 9.04.70 Part 9.04.10.12 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satisfactory meet the goals of the mitigation program, in that no such requirement is applicable to the construction of the new Main Library.

5. The project is generally consistent with the Municipal Code and General Plan, in that the new Main Library is being designed/constructed to continue to provide the same essential community services as the existing Library on the same parcel, only at a level to better meet the changing needs of the community. The replacement of the Main Library in the downtown is consistent with Land Use Element Objective 1.3 which states that the downtown should be reinforced as the focus of the City, supporting the greatest concentration of activity. Additionally, Land Use Policy 1.3.1 states that the City policies for the downtown should: “Encourage the concentration of land uses and activities which create activity in both the daytime and evening hours.” The new Main Library will function as a community center with a wide range of public serving activities. In addition to traditional library services, the new library will provide a library store, an auditorium, space for media and youth services, a central courtyard and café, various community-meeting spaces, a computer lab, and a separate space for the Santa Monica Historical Society Museum. These spaces will provide for daytime and evening activities and serve as public gathering spaces. The library will enliven the Sixth and Seventh Street areas of downtown as it will remain open until 9:00 p.m. during the weekday evenings and provide pedestrian activity during times when pedestrian activity is typically less. The use of the surface parking lot for the expanded new Main Library, and the development of City-owned subterranean parking is consistent with Land Use Objective 1.11 which requires that the City: “Provide land for parks and other public facilities adequate to meet future needs.”

6. Reasonable mitigation measures have been included for most adverse impacts identified in the Environmental Impact Report and a Statement of Overriding Considerations has been adopted in consideration of those significant impacts that cannot be mitigated to a level of insignificance.

Conditional Use Permit – CUP02-025

1. The proposed use is one conditionally permitted within the subject zoning district and complies with all of the applicable provisions of the “City of Santa Monica Comprehensive Land Use and Zoning Ordinance”, in that the new Main Library project is considered a City Government use which may be permitted in any district subjective to approval of a Conditional Use Permit (SMMC 9.04.06.080).

2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the new Main Library will be an expanded and improved facility that will continue to provide the same essential services to the Santa Monica community in the same location.

3. The subject parcel is physically suitable for the type of land use being proposed, in that the new Main Library will be constructed on the same parcel as the existing building. The new Main Library design provides a more efficient use of the parcel area, including a larger building floor area and three levels of subterranean parking directly beneath the building for library patrons and other downtown parking needs.

4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the new Main Library will be an expanded and improved facility that will replace the existing Library in the same location and will continue to provide the same essential services to the Santa Monica community.

5. The proposed use would be compatible with the existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the new Main Library will be an expanded and improved facility that will replace the existing Library in the same location and will continue to provide the same essential services to the Santa Monica community. In addition, the new Main Library project is considered a City government use which may be permitted in any district subject to approval of a Conditional Use Permit (SMMC 9.04.06.080) which will have conditions of approval that will help ensure its compatibility with the surrounding area. The proposed building is of a size and massing similar to the other buildings in the neighborhood. The new Main Library building is a well-designed contemporary structure that adds to the diversity of nonresidential and residential uses in the area. In addition, the building provides a pedestrian oriented use for the area that is compatible with the existing uses and those permitted under the existing zoning designation.

6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the new Main Library will utilize the existing infrastructure in and around the subject parcel and the new Main Library will be designed/constructed to meet or exceed all applicable building code requirements. In addition, no adverse impacts regarding utilities, public safety or public services were identified in the EIR prepared for the project.

7. Public access to the proposed use shall be adequate, in that direct pedestrian access is available from all three streets surrounding the project (6^th Street, 7^th Street, and Santa Monica Boulevard) and direct vehicular access is available from 7^th Street in order to limit the potential for congestion on Santa Monica Boulevard. Bus access will continue to be provided along Santa Monica Boulevard.

8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the building is designed with a dramatic entrance at the corner of Santa Monica Boulevard and Sixth Street with an entry courtyard. There are also entrances to the library directly from the subterranean parking garage and the parking lot at the north side of the project site. An additional entrance is provided through an entry garden off Sixth Street at the northern edge of the building. Buildings setbacks are provided along the sides of the proposed building to provide landscaping and building articulation. The building contains two floors and has a maximum height of 43’ 11” which is consistent with the buildings in the surrounding area. Vehicle access to and from the subterranean parking garage will be from Seventh Street with a ramp provided at the northern side of the project site. Access to the surface parking area will also be from Seventh Street but egress will only be provided to Sixth Street.

9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the replacement of the Main Library in the downtown is consistent with Land Use Element Objective 1.3 which states that the downtown should be reinforced as the focus of the City, supporting the greatest concentration of activity. Additionally, Land Use Policy 1.3.1 states that the City policies for the downtown should: “Encourage the concentration of land uses and activities which create activity in both the daytime and evening hours.” The new Main Library will function as a community center with a wide range of public serving activities. In addition to traditional library services, the new library will provide a library store, an auditorium, space for media and youth services, a central courtyard and café, various community-meeting spaces, a computer lab, and a separate space for the Santa Monica Historical Society Museum. These spaces will provide for daytime and evening activities and serve as a public gathering spaces. The library will enliven the Sixth and Seventh Street areas of downtown as it will remain open until 9:00 p.m. during the weekday evenings and provide pedestrian activity during times when pedestrian activity is typically less. The use of the surface parking lot for the expanded new Main Library, and the development of City-owned subterranean parking is consistent with Land Use Objective 1.11 which requires that the City: “Provide land for parks and other public facilities adequate to meet future needs.” The additional subterranean parking spaces will help meet a critical demand for parking in the downtown area.

10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed project has been developed in response to community interest in providing expanded library services and resources. The City initiated a formal planning process, consisting of focus groups, surveys, and community meetings, that ultimately resulted in a Library Master Plan in 1996. In 1998, the voters approved a $25,000,000 bond measure to fund improvements to the Main and Branch libraries.

11. The proposed use conforms precisely to the applicable performance standards contained in Part 9.04.12 and special conditions outlined in Part 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that there are no performance standards or special conditions applicable to the new Main Library project.

12. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that the new Main Library Is a replacement facility that will continue to provide the same essential services to the Santa Monica community in the same location.

Conditional Use Permit – CUP02-026

1. The proposed use is one conditionally permitted within the subject zoning district and complies with all of the applicable provisions of the “City of Santa Monica Comprehensive Land Use and Zoning Ordinance”, in that the use of an existing building for a temporary library is considered a City Government use which may be permitted in any district subject to approval of a Conditional Use Permit (SMMC Section 9.04.06.080.

2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the temporary library will be located in the same general area as the existing Main Library and will be in use for a 24-month construction period while a new Main Library is built. The building provides a pedestrian oriented use for the area that is compatible with the existing uses and those permitted under the existing zoning designation.

3. The subject parcel is physically suitable for the type of land use being proposed, in that the temporary library will require only interior modifications to an existing building. The downtown location is nearby public transit and 1 block from the City-owned Parking Structure #3 and 1 ½ blocks from both Parking Structure # 1 and Parking Structure #5.

4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the entirety of the interior of the existing building will be modified to accommodate the temporary library use.

5. The proposed use would be compatible with the existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the temporary library location is in the same general vicinity as the current Main Library and will be operated at a smaller scale as the current library use. The use is also complementary to other commercial and residential uses in the area and will serve office workers, residents and visitors to the downtown.

6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the temporary library will be located within an existing building with interior modifications and will utilize the existing infrastructure in and around the subject parcel.

7. Public access to the proposed use shall be adequate, in that direct pedestrian access is available from 5^th Street and direct vehicular access is available from 5^th Street and Fourth Court alley. Bus access is available throughout the downtown in close proximity to the temporary library location.

8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the temporary library will require only minor interior modifications to an existing former bank building.

9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the location of the temporary library in the downtown is consistent with Land Use Element Objective 1.3 which states that the downtown should be reinforced as the focus of the City, supporting the greatest concentration of activity. Additionally, Land Use Policy 1.3.1 states that the City policies for the downtown should: “Encourage the concentration of land uses and activities which create activity in both the daytime and evening hours.” The temporary library facility will provide library services in the downtown during daytime and evening hours. The temporary library will enliven the Fifth Street area of downtown as it will remain open until 9:00 p.m. during the weekday evenings and provide pedestrian activity during times when pedestrian activity is typically less.

10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the temporary library will provide library services to the public during the construction of the new Main Library. The temporary facility would be used for 24-months while the new Main Library was under construction and will be closed upon occupancy of the new facility.

11. The proposed use conforms precisely to the applicable performance standards contained in Part 9.04.12 and special conditions outlined in Part 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that there no performance standards or special condition applicable to the temporary library.

12. The proposed use will not result in an over concentration of such uses in the immediate vicinity, in that the temporary library will be used as a replacement facility for only a 24-month period while the new Main Library is under construction.

Variance Findings – VAR02-027

1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location or surroundings, or the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification in that the proposed use is for a temporary library while a new library facility is under construction. The use will be for approximately 24-months. The proposed site for the temporary facility will not accommodate the 98 required parking spaces, resulting in a deficit of 77 spaces during this 24-month time period. However, the downtown location is near the transit mall which provides connections to public transit citywide.

2. The granting of this variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the use of the subject building for a temporary library is for a short, 24-month construction period and the downtown location is near the transit mall which provides connections to public transit citywide.

3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships in that there are no available buildings of sufficient size in close proximity to the existing Main Library site that have the Code required number of off-street parking spaces that can be used as a temporary library. The subject site is the only property currently available that is in close proximity to the current Main Library site and is of sufficient size to accommodate the temporary library use. Residents of the city have traditionally used the downtown library as it is central for all the community and is well serviced by public transportation from the entire city. By placing the temporary facility outside the downtown area, it would be a hardship for some residents of the city to use its services due to distance needed to travel and to lack of a centralized public transportation system to sites outside of the downtown area. The downtown is the core of the City and is accessible to the entire community.

4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. Specifically, Santa Monica Municipal Code (SMMC) Section 9.04.20.10.030 (b) allows a variance to modify the number, size, location and design of automobile parking spaces when the variance findings can made to justify the request. As proposed, the subject variance meets the intent of the Zoning Ordinance in that it provides off-street parking that is accessible to the use during the 24-months while the new library is under construction. In addition, Circulation Element Policy #4.1.3 states that public facilities and services should be located and designed for convenient access and efficient transport for all intended users. The site is adjacent to the City’s Transit Mall and users of the facility will be able to travel by public transportation to and from the new facility.

5. The variance would not impair the integrity and character of the district in which it is to be located in that the subject property is nearby the public transit mall which provides transportation options for the users of the facility and is only for the 24 month period while the new Main Library is under construction.

6. The subject site is physically suitable for the proposed variance in that the subject property is nearly built out with existing physical improvements that preclude an opportunity to provide additional on-site parking spaces. These site conditions, specifically the location and size of existing buildings and the lot area, support the need for a variance at this location.

7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety in that the proposed temporary library use will require only minor interior modifications of the existing building which is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services.

8. There will be adequate provisions for public access to serve the subject variance proposal in that the subject property will have access from Fifth Street and Fourth Court and be used only for 24-months as a temporary library.

9. For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City as contained in Section 9.04.10.08.050 of this Chapter. These measures include programs for carpooling, public transportation, and the use of alternative work schedules in accordance with professional transportation standards.

10. The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to existing parcel constraints, the location of existing improvements, and/or the placement of adjacent uses, practical use or enjoyment of the subject parcel as a temporary library would not be possible.

Text Amendment – TA02-008

1. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that the modified text language will accommodate the unique design and the need for limited pedestrian access points of larger buildings, allow for flexibility in street-level building design and still ensure that the pedestrian oriented design objectives for the downtown are met. The proposed text amendment will require that the Architectural Review Board make appropriate findings that the pedestrian design modifications are not detrimental to the downtown area of the City.

2. The public health, safety and general welfare require the adoption of the proposed amendment in that the amendment will allow the Architectural Review Board to modify the street level public entrance and pedestrian use requirements in order to accommodate the pedestrian access needs of larger buildings. This text amendment will contribute to the public health, safety and general welfare of the community by allowing for more flexible street-level design standards in order to facilitate better design and more creativity in accomplishing pedestrian orientation.

CONDITIONS OF APPROVAL – NEW MAIN LIBRARY (DR02-015and CUP02-025)

Plans

1. This approval is for those plans dated 9/20/02, 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.

2. 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.

3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.

4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development.

Architectural Review Board

5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.

6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations.

7. Construction period signage shall be subject to the approval of the Architectural Review Board.

8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.

9. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping.

10. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.

11. 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.

12. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130 - 9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.

Demolition

13. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department. No street trees shall be removed without the approval of the Open Space Management Division.

14. Immediately after demolition of the parking lot and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance (8’), shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. Mesh fabric shall be installed on the fence to reduce the amount of dust leaving the site.

15. Prior to issuance of any demolition or construction permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials.

16. 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.

17. 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.

18. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application.

Construction

19. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

20. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits.

21. 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.

22. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan.

23. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

24. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.

25. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

Environmental Mitigation

26. 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.)

27. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management 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.

28. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following:

a. Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;

b. An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;

c. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties;

d. Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site;

e. Drainage controls may be required depending on the extent of grading and topography of the site.

f. New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods.

29. Pursuant to Mitigation Measure MM 4.1-1: Exterior lights shall only shed light pools on the project site, incorporating “cut-off” shields as appropriate to prevent an increase in lighting at adjacent properties.

30. Pursuant to Mitigation Measure MM 4.1-2: Landscape illumination and exterior sign lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off-site viewers.

31. Pursuant to Mitigation Measure MM 4.3-1: A site-specific geo-technical report shall be prepared that would outline soil stability control practices and construction techniques.

32. Pursuant to Mitigation Measure MM 4.3-2: To minimize soil erosion and/or slope instability during site preparation activities, temporary drainage devices shall be installed at the top of excavation banks to divert water away from the banks. Additionally, the project shall be compliant with Chapter 29 of the CBC and Cal-OSHA regulations pertaining to excavation, trenching, and shoring, and implementation of standard erosion control practices.

33. Pursuant to Mitigation Measure MM 4.3-3: Before construction begins, a groundwater study shall be completed to predict the groundwater levels expected during excavation activities if it is discovered that groundwater levels will pose a problem, parking structure design shall include a mechanism of removing groundwater or percolating surface water which may collect at the base of the parking structure. The removal system shall be designed to prevent the parking garage from flooding.

34. Pursuant to Mitigation Measure MM 4.4-1: The City shall implement recommendations outlined in the Phase II Site Assessment Report prepared for the project site.

35. Pursuant to Mitigation Measure MM 4.4-2: In the event that previously unknown soil or groundwater contamination is encountered during construction, construction activities shall immediately stop, and appropriate health and safety procedures shall be implemented. Where site contamination is identified, an appropriate remediation strategy that is approved by the City and DTSC shall be implemented. The remediation activities shall be performed by qualified and licensed professionals and all work shall be performed under the supervision of the City of Santa Monica Environmental Programs Division.

36. Pursuant to Mitigation Measure MM 4.7-1: The project contractor(s) shall implement, but not be limited to, the following best management practices:

§ As per Section 4.12 of the City’s Municipal Code (Noise Ordinance), the outdoor construction work on the project shall be limited to the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on Saturdays. No construction activities shall occur on Sundays or holidays.

§ As per the City’s Noise Ordinance, all construction equipment with a high noise generating potential, such as pile drivers, jackhammers, pavement breakers or similar equipment which produces noise levels greater than 90 dBA at a distance of fifty feet will be limited to the hours of 10:00 a.m. and 3:00 p.m.

§ All stationary noise generating equipment, such as compressors, shall be located as far as possible from existing houses.

§ Machinery, including motors, shall be turned off when not in use.

§ Mobile equipment shall not be allowed to run idle near existing residences.

Neighbors within 200 feet of major construction areas shall be notified of the construction schedule in writing prior to construction; the project sponsor shall designate a “disturbance coordinator” who shall be responsible for responding to any local complaints regarding construction noise; the coordinator (who may be an employee of the developer or general contractor) shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented; and a telephone number for the noise disturbance coordinator shall be posted conspicuously at the construction site fence and included on the notification sent to neighbors adjacent to the site.

37. Pursuant to Mitigation Measure MM 4.9-1, the following improvements shall be implemented at Sixth Street & Wilshire Boulevard—Modify the traffic signal phasing to allow actuated protected/permissive left-turn phasing for the Wilshire Boulevard westbound left-turn movements. Implementation of this mitigation measure would necessitate the provision of some combination of new striping, signage, controller cabinets, poles, mast arms, detectors, and/or signal heads.

38. Pursuant to Mitigation Measure MM 4.9-2, the following improvements shall be implemented at Lincoln Boulevard & Santa Monica Boulevard—Modify the traffic signal phasing to allow actuated overlapping protected left-turn phasing for the Lincoln Boulevard northbound and southbound left-turn movements. Implementation of this mitigation measure would necessitate the provision of some combination of new striping, signage, controller cabinets, poles, mast arms, detectors, and/or signal heads.

39. Pursuant to Mitigation Measure MM 4.10-1: Proposed project activities shall take place outside of the breeding bird season that generally runs from March 1 through August 31 to avoid “take” of all birds and their active nests including raptors and other migratory non-game birds.

40. Pursuant to Mitigation Measure MM 4.10-2: If it is not feasible for project activities to avoid the breeding bird season, thirty days prior to the disturbance on the project site, a qualified biologist shall perform bird surveys in accordance with the California Department of Fish and Game (CDFG) regulations. If a protected native bird is found, all demolition and ground-disturbing activities within 300 feet of the nest (within 500 feet for raptor nests) shall be postponed until the nest is vacated and juveniles have fledged or appropriate mitigation measures responding to the specific situation are developed in consultation with CDFG.

41. Pursuant to Mitigation Measure MM 4.11-1: Prior to project construction, construction personnel shall be informed of the potential for encountering significant archaeological or paleontological resources and instructed in the identification of archaeological resources, fossils and other potential resources. This shall include the provision of written materials to familiarize personnel with the range of resources that might be expected, the type of activities that may result in impacts, and the legal framework of cultural resources protection. All construction personnel will be specifically informed of the need to stop work in the vicinity of a potential discovery until a qualified archaeologist and/or paleontologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. Construction personnel will also be informed of the requirement that unauthorized collection of archaeological and/or fossil resources is prohibited.

42. Pursuant to Mitigation Measure MM 4.11-2: If archaeological and/or paleontological resources uncovered during construction activities is determined by a qualified archaeologist and/or paleontologist to be significant, and if it cannot be preserved intact through feasible project design measures, then the City shall retain a qualified archaeologist and/or paleontologist to design and implement a treatment plan to document and evaluate the data and/or preserve appropriate scientific samples. The results of such a study shall be provided in a report prepared in accordance with accepted professional practice, and copies of the report shall be submitted to the South-Central Coastal Information Center and Los Angeles County Museum of Natural History.

43. Pursuant to Mitigation Measure MM 4.11-3: In the event of the discovery of a burial, human bone, or suspected human bone, all excavation or grading in the vicinity of the find shall halt immediately and the area of the find shall be protected. If a qualified archaeologist is present, he/she shall determine whether the bone is human. If the archaeologist determines that the bone is human, or in the absence of an archaeologist, the City immediately shall notify the Los Angeles County Coroner of the find and comply with the provisions of P.R.C. Section 5097 with respect to Native American involvement, burial treatment, and re-burial.

44. Pursuant to Mitigation Measure MM 4.12-1: The applicant shall prepare a Construction Impact Mitigation Plan to be reviewed by the City prior to issuance of a building permit, and shall implement all identified measures during the construction period.

45. Pursuant to Mitigation Measure MM 4.12-2: The applicant/contractor shall submit a plan, prior to issuance of a building permit, to demonstrate that construction traffic shall avoid using residential streets in the project vicinity for construction activities.

46. Pursuant to Mitigation Measure MM 4.12-3: The applicant/contractor shall submit a plan, prior to issuance of a building permit, that demonstrates the provision of all necessary off-site parking for construction workers so as to avoid impacts on parking in the project neighborhood and surrounding residential streets.

Miscellaneous Conditions

47. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet).

48. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

49. 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 Environmental and Public Works Management.

50. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

51. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors.

52. Prior to issuance of a Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Development Review and Conditional Use Permit (1343 6^th Street) and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation.

Validity of Permits

53. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

54. Within ten days of Planning Division transmittal of the Statements of Official Action, project applicant shall sign and return a copy of the Statements of Official 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 Statements shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

55. The approvals of DR 02-015 and CUP 02-025 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. The approval of these permits shall expire if the rights granted are not exercised within one year from the permits effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permits shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060, or if the rights granted are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no certificate of Occupancy is required, the last required final inspection for the new construction. One six-month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval.

56. The rights granted by Development Review Permit 02-105 and Conditional Use Permit 02-026 cannot be exercised until the effective date of an ordinance enacting Text Amendment 02-008.

Monitoring of Conditions

57. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Transportation Management Division, 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 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.

CONDITIONS OF APPROVAL - TEMPORARY LIBRARY (CUP02-026 AND VAR 02-027

Plans

1. This approval is for those plans received 9/12/02, 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.

3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.

4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.

5. The variance will lapse after the new Main Library is reopened at 1343 Sixth Street.

Architectural Review Board

6. Construction period signage shall be subject to the approval of the Architectural Review Board.

7. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department. No street trees shall be removed without the approval of the Open Space Management Division.

8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.

9. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.

10. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130 - 9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.

Construction

11. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

12. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits.

13. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

14. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.

15. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

16. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Transportation Management Division, 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 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.

Environmental Mitigation

17. 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.)

18. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management 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.

Miscellaneous Conditions

19. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet).

20. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

21. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

22. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors.

23. Prior to Final Inspection, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and Variance and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation.

24. Lighting shall be shielded and directed away from adjacent residences.

Validity of Permits

25. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

26. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the 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 City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

27. The approvals of CUP02-026 and VAR 02-027 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. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060, or if the rights granted are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no certificate of Occupancy is required, the last required final inspection for the new construction. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.

Monitoring of Conditions

28. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management 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 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.

Prepared by: Suzanne Frick, Director

Jay Trevino, AICP, Planning Manager

Amanda Schachter, Principal Planner

Paul Foley, Senior Planner

Patrick Clarke, Associate Planner

Attachments: A. Municipal Code and General Plan Conformance

B. Notice of Public Hearing

C. Notice of Completion and Public Availability

D. Resolution certifying the Final EIR

E. Resolution adopting a Statement of Overriding Consideration and Mitigation Monitoring Program

F. Proposed text amendment

G. Sign posting Photograph, project plans and photos of properties and surrounding sites for Temporary Library

H. Signs posting photograph, project plans and photos of properties and surrounding sites for Permanent Library

I. Final EIR

ATTACHMENT D

PLANNING COMMISSION STAFF REPORT DATED

FEBRUARY 12, 2003 W/OUT ATTACHMENTS

CP:JT:AS:PF:PC:f:\plan\share\pc\stfpt\02\02DR015A

Planning Commission Meeting: February 12, 2003 Santa Monica, California

TO: The Honorable Planning Commission

FROM: Planning Staff

SUBJECT: Development Review Permit 02-015

Conditional Use Permit 02-025

Variance 03-002

Text Amendment 02-008

Addresses: 1343 Sixth Street

Applicant: City of Santa Monica Library

Property Owner: City of Santa Monica

INTRODUCTION

This report supplements the report presented to the Planning Commission on January 8, 2003.

PROJECT DESCRIPTION

Development Review Permit 02DR-015, Conditional Use Permit 02CUP025, Variance 03-002 and Text Amendment 02TA008 are proposed to permit the construction of a two-story, 102,058 square foot new Main Library located at 1343 Sixth Street for the City of Santa Monica. The project would provide 32 surface parking spaces and three levels of subterranean parking containing 527 parking spaces. A Development Review Permit is required for developments over 30,000 square feet in size in the C3 zoning district. A Conditional Use Permit is required in all zoning districts for government uses (libraries). A Variance is required to allow 186 on-site parking spaces to be provided in lieu of the 408 parking spaces required by Code. An amendment to the City’s Zoning Ordinance is required to permit the Architectural Review Board to approve exceptions from the requirement of one public entrance for every one hundred feet of building façade required of buildings in the C3 zoning district.

ANALYSIS

Background

The Planning Commission at its January 8, 2003 meeting reviewed the proposals for the new main library and the temporary library facility. At that meeting, the Commission approved the Conditional Use Permit (02CUP026) and Variance (02VAR027) for the temporary library, adopted a resolution certifying the Environmental Impact Report 02EIR01, and adopted a resolution approving a Statement of Overriding Considerations and Mitigation Monitoring Program. In addition, the Commission requested that the applicant redesign portions of the proposed main library and return to the Commission on February 12, 2003.

A variance application has also been filed subsequent to the last public hearing. Although a sufficient number of on-site parking spaces are provided to meet the 408 Code required parking spaces, a parking study conducted for the Main Library Master Plan indicated a peak parking demand for the new facility at 189 spaces. The variance application was filed in order to be able to preserve the remaining 370 parking spaces provided on-site for public use. A discussion of the parking study is contained later in this staff report.

Project Design

The Commission provided direction for modifications in the following areas:

· Sixth Street elevation needs more articulation; a landscaping strip should be provided adjacent to the sidewalk;

· Seventh Street elevation needs more pedestrian orientation, especially at the Santa Monica Boulevard corner;

· Parking area at the north side of the site needs the addition of a “pocket park”; and

· Exterior materials should be compatible with the materials proposed for the interior spaces.

In response to the Commission’s direction, the library design has been modified as follows:

· Building massing has been set back at the street level near the corner of Seventh Street and Santa Monica Boulevard, serving to identify and shelter a garage stair entry/exit.

· Upper level corner windows with projecting sunshades have been added at the corner of Seventh Street and Santa Monica Boulevard.

· Building massing along Sixth Street has been changed with a second floor staff room added to create an outdoor terrace.

· Massing along Sixth Street has been setback, creating a covered access to a book-drop.

· North entry garden has been expanded along Sixth Street and towards the surface parking area with additional planting and gathering space.

· Solid walls have changed to more open decorative fences at a small garden along Sixth and Seventh Streets.

· Landscaping has been added adjacent to the sidewalk along Sixth and Seventh Streets.

Variance

A total of 559 parking spaces are proposed on–site, including 32 surface spaces and 527 parking spaces within 3 levels of subterranean parking. The Code requires 408 parking spaces for the library based upon the proposed uses and floor area within the facility. The request for the reduction in the number of on-site parking spaces is based upon the Parking Study for the Santa Monica Main Library Master Plan (October 1997), prepared by Kaku Associates, which utilized surveys of library patrons as well as parking inventory and utilization surveys. The parking study, which is based upon library patrons’ travel patterns, parking characteristics and parking supply, indicates that the peak demand for on-site parking from library patrons and employees is 189 spaces. This is much lower than the 408 parking spaces that would be required by Code based upon standards which relate solely to the uses and floor area within the building. Therefore, the 219 additional parking spaces are surplus spaces that are not needed to satisfy the actual parking demand of library users. However, approval of a parking variance is required to allow these additional 219 parking spaces to be made available for general public use. The provision of this additional parking, which is not required to support the actual library operation, is consistent with Land Use Objective 1.11 which requires that the City: “Provide land for parks and other public facilities adequate to meet future needs.” The additional subterranean parking spaces will help meet a critical demand for parking in the downtown area.

Text Amendment

The unique design, floor plan and secured access requirements of a large institutional building such as the new Main Library make it difficult to comply with all of the pedestrian oriented design standards required of buildings only under the C3 zoning district regulations. The proposed text amendment sent to the Commission on January 8, 2003 would allow for modifications to the requirements for public entrances or publicly accessible uses by the Architectural Review Board in the same manner and with the same findings associated with the pedestrian oriented design requirements. The findings to be made by the Architectural Review Board require that strict application of the provisions would result in practical difficulties, or that there are exceptional circumstances applicable to the proposal and that it would not adversely impact neighboring properties or be to the detriment of the district’s pedestrian-oriented environment.

Another option for Commission consideration would allow staff to review and approve such a modification request based upon the same findings. This approach is appropriate since the requirement for the public entrances is a development standard. The review by the Architectural Review Board (and Planning Commission on appeal) could then concentrate on the more aesthetic aspects of the project.

Staff recommends that the Commission forward to Council text language that would allow staff to review and approve the modification request (Attachment D). This recommendation is based upon further evaluation which has taken into account the use of staff resources and on-going budget concerns.

Conclusion

The elevations for Sixth and Seventh Street have been changed to reflect the direction provided by the Commission. In addition, changes have been made to the parking area to the north of the building and landscaping has been added to create more of a “pocket park”. Staff has amended Condition #9 to require that the Architectural Review Board pay particular attention to the exterior materials to ensure that they are compatible with the materials proposed for the interior spaces. Finally, approval of the parking variance will ensure that a sufficient number of parking spaces are provided for library patrons and employees while maximizing the number of off-street parking spaces that can be made available to the public within the downtown where parking demand is highest.

Alternatives: Other than the recommended action, the Planning Commission may:

· Continue the project for redesign;

· Deny the project without prejudice based on revised findings; or

· Deny the project based on revised findings.

RECOMMENDATION

Planning staff recommends that the Commission take the following actions based on the following findings and conditions:

1. Approve Development Review Permit 02-015;

Approve Conditional Use Permit 02-025;
Approve Variance 03-002; and
Recommend that the City Council adopt an ordinance amending Article IX of the Municipal Code.

Development Review Permit Findings – DR02-015

Conditional Use Permit – CUP02-025

Variance 03-002

1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification. Specifically, a parking study was prepared for the proposed project which indicated that the peak parking demand for the new main library will require 189 parking spaces which is far less than the 408 parking spaces required by Code.

2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that a total of 559 parking spaces will be provided on-site with 189 spaces required for the new main library, which is sufficient to meet library demand, while 370 spaces can be made available for public parking in the downtown area where parking demand is greatest.

3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships in that the strict application of the Code would require 219 spaces more than would be necessary to serve the peak parking demand of the new main library and would deprive persons not using the library of the use of these spaces in the downtown area where parking demand is greatest.

INTRODUCTION

Analysis

Proposed Ordinance

The proposed actions will have no budgetary impact.

It is recommended that the Council Introduce for first reading the ordinance amending SMMC Section 9.04.08.060 as contained in Attachment A.

SITE LOCATION AND DESCRIPTION

ANALYSIS

Background

Development Review Permit 02DR-015

Conditional Use Permit 02CUP-025

Text Amendment 02TA-008

Neighborhood Compatibility

SUMMARY AND CONCLUSION

Alternatives

RECOMMENDATION

Development Review Permit Findings – DR02-015

CONDITIONS OF APPROVAL - TEMPORARY LIBRARY (CUP02-026 AND VAR 02-027

INTRODUCTION

Project Design

Text Amendment

RECOMMENDATION

Development Review Permit Findings – DR02-015