|
|
City
Council Report |
City Council Meeting: October 27, 2009
Agenda Item: 1-H
To: Mayor and City Council
From: Eileen P. Fogarty, Director of Planning
and Community Development
Subject: Statement of Official Action
Denying Appeals of the
Planning Commission’s Approval of a Variance and Vesting Tentative Parcel Map for
the Property Located at
Recommended
Action
Staff recommends that the
City Council approve the attached Statement of Official Action denying Appeals
09APP-004, 09APP-005, and 09APP-006 and upholding the decision of the Planning
Commission to approve Variance 08-022 and Vesting Tentative Parcel Map
08TM-008 to allow the construction of a four-unit condominium project that
includes retention and rehabilitation of an existing City Landmark designated
Turn-of-the-Century Victorian Cottage and construction of three new condominium
units on the rear of the parcel located at 1012 Second Street.
Executive
Summary and Discussion
This staff report transmits for City Council certification of the Statement of Official Action for Appeals 09APP-004, 09APP-005, and 09APP-006. After holding a public hearing on September 22, 2009, the City Council denied Appeals 09APP-004, 09APP-005, and 09APP-006 and upheld the Planning Commission’s approval of the proposed project. The City Council’s decision was based upon the findings and conditions contained in the attached Statement of Official Action.
Financial Impacts &
Budget Actions
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared by: Tony Kim, Senior Planner
|
Approved: |
|
Forwarded to Council: |
|
|
|
|
|
Eileen P. Fogarty, Director Planning
& Community Development |
|
P. City
Manager |
Attachments: A. Statement of Official Action
|
|
PROJECT INFORMATION CASE NUMBER: Appeals 09APP-004,
09APP-005, and 09APP-006
LOCATION: APPLICANT: Howard
Laks Architects APPELLANTS: Coalition to Protect Zoning on David
Green Scott
Taylor Property Owner: CASE PLANNER: Tony Kim, Senior Planner REQUEST: Appeals of
Planning Commission approval of Variance 08-022
and Vesting Tentative Parcel Map 08TM-008
for the property located at CEQA STATUS: The project is
categorically exempt from the provisions of the California Environmental
Quality Act pursuant to CEQA Guideline Section 15303 (b), Class 3 and Section
15331, Class 31 of the State CEQA Guidelines. Class 3 consists of projects
located in and urbanized environment designed for not more than six dwelling
units. The proposed project consists of a request to create a four-unit
subdivision in an urbanized environment. Class 31 consists of projects
limited to maintenance, repair, stabilization, rehabilitation, restoration,
preservation conservation, or reconstruction of historical resources in a
manner consistent with the Secretary of the Interior’s Standards for the
Treatment of Historic Properties (1995), Weeks and Grimmer. The Landmarks
Commission designated the subject Turn-of-the-Century Victorian Cottage as a
City Landmark in September 2005 in conjunction with their review of a proposed
demolition permit for all structures on the parcel at |
CITY COUNCIL ACTION
|
September 22, 2009 |
Determination Date |
|
X |
Appeals denied and Planning Commission approval of Variance 08-022 and Vesting Tentative Parcel Map 08TM-008
upheld based on the following
findings and subject to the conditions below: |
|
|
Appeals upheld and Planning Commission approval reversed based upon
the following findings: |
|
|
Other: |
|
EFFECTIVE
DATES OF ACTIONS |
September 22,
2009 |
|
EXPIRATION
DATE OF ANY PERMITS GRANTED: |
September 22,
2011 |
|
LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*: |
12 months for
Variance 08VAR-022 Three (3) years
for Vesting Tentative Parcel Map 08TM-008 |
* Any request for an
extension of the expiration date must be received in the City Planning Division
prior to expiration of this permit.
Each and all of the
findings and determinations are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information
contained herein or in the findings are based on the substantial evidence in
the record. The absence of any
particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification. Specifically, the existing improvement on site is a designated City Landmark building and its retention on site creates special circumstances related to available parcel area for new construction when compared to similarly sized lots under the same zoning classification in the immediate area, and the design compatibility requirements of complying with the Secretary of the Interior’s Standards for the Treatment of Historic Properties that would not be present if the building were not a designated City Landmark and could be removed to accommodate new, by-right development of up to six residential units on the entire site.
2.
The granting of such variance will not be
detrimental nor injurious to the property or improvements in the general
vicinity and district in which the property is located in that
the proposed four-unit condominium project is consistent with multi-family
residential uses that are permitted in the R-3 (Medium Density Multiple
Residential) Zoning District and High Density Housing Land Use Classification
of the area. The proposed project includes retention of a designated City
Landmark Turn-of-the-Century Victorian Cottage on site and does not exceed the
maximum unit density permitted in the R-3 District (four units are proposed
where six units are permitted). The requested modifications to development
standards have been reviewed individually and will not be detrimental to the
property or improvements in the general vicinity and district because the
scale, massing, and design of the new construction on is compatible with the
scale and character of the existing Landmark residence on site and the
surrounding neighborhood. More specifically, the site is adjacent to
multi-story buildings in all directions and is therefore generally consistent
with the scale of surrounding properties: the adjacent condominium building to
the south is 4-stories, approximately 45’ in height, and 13,600 square feet;
the adjacent apartment building to the north is 3 ˝ stories, approximately 38’
in height, and 15,600 square feet; and the adjacent condominium building
directly across the alley is five stories, 50’-0” in height and 38,800 square
feet. In addition, the project site is
directly adjacent to the R-4 Zoning District across
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. Specifically, the applicant’s project, which incorporates retention of a designated City Landmark residence as well as new construction on site, does not allow the applicant to fully develop the site in accordance with the Municipal Code and all of the objective development standards due in part to the design requirements specified by the Secretary of the Interior’s Standards for the Treatment of Historic Properties required for protection of the historic resource, and the objective development standards for the Zoning District that primarily contemplate redevelopment of the entire parcel for new construction. The theoretical maximum square footage that could be built on a vacant parcel of this size is approximately 9,610 square feet, assuming compliance with all development standards. Retention of the Landmark building along with a project that complies with all development standards would result in a maximum of only approximately 7,384 square feet on site (a loss of 2,226 square feet). The applicant’s proposal, with requested modifications, would result in a total of 8,421 square feet on site, which also includes the existing 886 square foot Landmark Cottage. Therefore, through the requested modifications to development standards such as building height, building volume, setbacks, and unexcavated yard requirements, the applicant is able to recover approximately 1,189 square feet (53%) of the 2,226 square feet that lost as result of retaining the Landmark residence on site in compliance with the Secretary of the Interior’s Standards.
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, the
proposed Variance is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted Land Use Element and
Historic Preservation Element of the City of
5.
The variance would not impair the integrity and
character of the district in which it is to be located in that the proposed new
construction the proposed new construction on site expresses a well-defined,
modern design and form that is compatible with, yet differentiated from, the
historic Turn-of-the-Century Victorian Cottage on site. The siting, scale,
proportions, and massing of the new construction are designed to be compatible
with the existing Landmark building and with the surrounding neighborhood. The
proposed increase in building height does not overshadow adjacent residential
properties (43’-8” where a maximum of 40’-0” is permitted in the R3 District).
More specifically, the site is adjacent to multi-story buildings in all
directions and is therefore generally consistent with the scale of surrounding
properties: the adjacent condominium building to the south is 4-stories,
approximately 45’ in height, and 13,600 square feet; the adjacent apartment
building to the north is 3 ˝ stories, approximately 38’ in height, and 15,600
square feet; and the adjacent condominium building directly across the alley is
five stories, 50’-0” in height and 38,800 square feet. In addition, the project site is directly
adjacent to the R-4 Zoning District across
6. The subject site is physically suitable for the proposed variance in that the subject property is a legal parcel that is flat and has no known geological constraints that would limit or prevent its future development. Further, the proposed four-unit condominium project does not exceed the maximum unit density permitted in the R-3 District where up to six residential units are permitted.
7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety in that the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services.
8. There will be adequate provisions for public access to serve the subject variance proposal in that there is adequate pedestrian access to the site via a public sidewalk on Second Street and there is a rear alley (1st Court) having a standard right-of-way of twenty feet located adjacent to the rear of the subject parcel that will provide vehicular access to off-street parking for the project. Furthermore, in order to ensure that there will be adequate provisions for public access, project Condition #59 specifies that project’s construction mitigation program shall specify that there shall be no alley closures except for the implementation of necessary utility connections.
9. The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to the location of the existing City Landmark designated Turn-of-the-Century Victorian Cottage and the requirement to retain and rehabilitate the structure on site in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, without the requested modification to development standards, practical use or enjoyment of the subject parcel classification would not be possible consistent with the typical, by-right development potential associated with other similarly-sized parcels in the same neighborhood and zoning.
10.
In addition to the other findings adopted in
support of granting this Variance, the granting of this Variance is essential
and desirable to the public convenience and welfare and is not in conflict with
the General Plan nor materially detrimental or injurious to property or
improvements in the general vicinity and zoning district in which the property
is located. The granting of this Variance will facilitate the retention and
rehabilitation of an officially-designated City Landmark by accommodating a
viable housing project that incorporates and achieves rehabilitation of that
City Landmark, as well as the development of new housing units with
subterranean parking and other desirable amenities. The proposed project is
less than allowable density, is no taller than several buildings in the
immediate area, and is less floor area than could be proposed were the
one-story cottage not being retained on site. The siting, scale, proportions,
and massing of the new construction are designed to be compatible with the existing
Landmark Cottage and with the surrounding neighborhood. The proposed increase
in building height does not overshadow adjacent residential properties
(43'-8" where a maximum of 40'-0" is permitted in the R3 District). More specifically, the site is adjacent to
multi-story buildings in all directions: the adjacent multi-family building to
the south is 45' in height; the adjacent building to the north is 38'-6"
in height; and the building directly across the alley is 51'-10" in
height. The general streetscape along
VESTING TENTATIVE PARCEL MAP FINDINGS
1. The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. Specifically, while the subject property is not located in an area governed by a specific plan as specified in Government Code Section 65451, compliance with the City’s General Plan is required. For the purpose of subdividing the subject parcel, there are two pertinent policies that must be evaluated with the map; those policies relate to building height and unit density. As noted and shown on the subject map, the project complies with applicable policies, as conditioned and subject to approval of pending Variance 08VAR-022, including unit density and height standards for the subject land use designation (High Density Housing).
2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Specifically, while the subject property is not located in an area governed by a specific plan, compliance with the City’s General Plan is required. As noted and shown on the subject map, the proposed improvements will not exceed land use designation limits to building height and unit density, as conditioned and subject to approval of Variance 08VAR-022.
3. The site is physically suitable for the type of development. Specifically, the subject parcel is a standard-sized parcel located within an urbanized area adequately served by existing roadways and infrastructure. The property is physically able to accommodate the proposed development. More specifically, the existing alley located at the rear of the subject property is a standard 20’-0” in width and provides adequate vehicular site access. Furthermore, in order to ensure that the site is adequately served by existing infrastructure, project Condition #59 specifies that project’s construction mitigation program shall specify that there shall be no alley closures except for the implementation of necessary utility connections.
4. The site is physically suitable for the proposed density of development. Specifically, the subject parcel is a standard-sized parcel located within an urbanized area adequately served by existing roadways and infrastructure. More specifically, the existing alley located at the rear of the subject property is a standard 20’-0” in width and provides adequate vehicular site access. Furthermore, in order to ensure that the site is adequately served by existing infrastructure, project Condition #59 specifies that project’s construction mitigation program shall specify that there shall be no alley closures except for the implementation of necessary utility connections. Moreover the type of development and unit density is consistent with policies set forth in the City’s General Plan and other improvements in the general vicinity.
5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the proposed subdivision is located in an urbanized area that does not contain habitats or would otherwise injure fish and wildlife.
6. The design of the subdivision or the type of improvement is not likely to cause serious public health problems. The proposed subdivision is for a property located in an urbanized area and is consistent with other similar improvements in the area. As noted and shown on the map, the project complies with height and unit density limitations set forth in the General Plan, as conditioned and subject to approval of Variance 08VAR-022. The subdivision of the parcel does not have the potential to disrupt the urban environment or otherwise cause serious public health problems.
7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that there are no public easements located within the proposed subdivision.
8.
The proposed subdivision is consistent with any
ordinance or law of the City of
CONDITIONS
Administrative
1. The approval of this Tentative Parcel Map application shall expire if the rights granted are not exercised within two years from the permit’s effective date; the approval of this Variance application shall expire if the rights granted are not exercised within two years from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction.
2. Pursuant to SMMC Section 9.04.10.02.450(d), if the Building Official determines that another building permit has been issued less than fifteen months prior to the date on which the building permit for this project has received all plan check approvals and none of the relevant exceptions specified in 9.04.10.02.450(c) and (e) apply, the Building Official shall place the project on a waiting list in order of the date and time of day that the permit application received all plan check approvals, and the term of this approval and other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One one-year extension of the Variance may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development process relevant to the project have changed since project approval. Extension requests to a subdivision map must be approved by the Planning Commission.
3.
The tentative map shall expire 24 months after
approval, except as provided in the provisions of California Government Code
Section 66452.6 and Subchapter 9.20.18 of the Santa Monica Municipal Code. During this time period the final map shall
be presented to the City of
4. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
5. 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.
6.
Applicant is advised that projects in the
California Coastal Zone may need approval of the California Coastal Commission
prior to issuance of any building permits by the City of
Conformance with Approved Plans
7. This approval is for those plans dated July 1, 2009, 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.
8. 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, Landmarks Commission or Director of Planning.
9.
Project plans shall be subject to complete Code
Compliance review when the building plans are submitted for plan check and shall
comply with all applicable provisions of Article IX of the Municipal Code and
all other pertinent ordinances and General Plan policies of the City of
Affordable Housing Obligation
10. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to the City's Affordable Housing Production Program which requires a three** unit development to pay an Affordable Housing Production fee. The City’s Affordable Housing Production fee is calculated based on the project’s floor area as defined by SMMC Section 9.04.02.030.315. The fee will be calculated prior to payment based on the requirements of the Affordable Housing Production Program, Section 9.56.070 and shall be based on the affordable housing unit base fee in effect at the time the affordable housing fee is paid to the City. The fee must be paid in full prior to the City granting any approval for the occupancy of the project, but no earlier than at the time of building permit issuance.
** Pursuant to
SMMC 9.56.030 (c), a designated Landmark building that is retained and
preserved on-site as part of a multi-family project shall not be considered or
included in the assessing any of the requirements under this Chapter.
Therefore, only the three new condominiums are counted for the purposes of
calculating the owner’s affordable housing obligation.
Fees
11. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unit(s) on the subject lot, per and subject to the provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code.
12. Prior to issuance of a condominium license, the developer shall provide for the payment of a Condominium Tax of $1,000 per planned salable unit pursuant to Chapter 6.76 of the Santa Monica Municipal Code.
13. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.72 of the Santa Monica Municipal Code, the Child Care Linkage Program.
Cultural Resources
16. No demolition of buildings or structure built 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.
17. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.
Rent Control
18. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit(s) from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental unit(s) pursuant to the provisions of the Ellis Act.
CC&Rs
19. Prior to issuance of building permits, Condominium Association By-Laws and a Declaration of CC&R's shall be reviewed and approved by the City Attorney. The CC&R's shall contain a non-discrimination clause as presented in SMMC Section 9.20.20.020 and such provisions as are required by SMMC Section 9.04.16.01.030(d) and (e).
20. No furniture shall be permitted on the rooftop decks above the second floor. This condition shall also be reflected in the CC & R's.
Final Design
21. The applicant shall be required to post the property with a pre-printed sign consistent with the requirements of SMMC 9.32.180 within ten days after a Certificate of Appropriateness application has been filed for review by the Landmarks Commission
22. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Landmarks Commission.
23. The Landmarks Commission, 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. Further, the Landmarks Commission shall carefully review the design of the new structure to ensure that it serves as a backdrop to the Landmark building.
24. The Landmarks Commission, in its review, shall pay particular attention to the building’s proposed fenestration on all elevations and the applicant’s proposed incorporation of glass block at the fourth floor.
25. The Landmarks Commission, in its review, shall require the applicant to provide down-lighting for any proposed exterior light fixtures.
26. The Landmarks Commission, in its review, shall require the applicant to provide additional landscaping along the side yards and alley, including taller trees for screening.
27. Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
28. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and 150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Landmarks Commission in its review shall pay particular attention to the screening of such areas and equipment. More specifically, the Landmarks Commission shall limit the placement of excessive mechanical equipment on the roof; 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 Landmarks Commission, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof.
29. No gas or electric meters shall be located within the required front or street side yard setback areas. The Landmarks Commission in its review shall pay particular attention to the location and screening of such meters.
30. Prior to consideration of the project by the Landmarks Commission, 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 Landmarks Commission, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.
31. As appropriate, the Landmarks Commission shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.
Construction Plan Requirements
32. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors.
Demolition Requirements
33. 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.
34. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.
Construction Period
35. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.
36.
Vehicles hauling dirt or other construction
debris from the site shall cover any open load with a tarpaulin or other secure
covering to minimize dust emissions.
Immediately after commencing dirt removal from the site, the general
contractor shall provide the City of
37. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and alley closures, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site and include property owners and residents immediately adjacent to and across the alley from the subject property at least five (5) days prior to the start of construction.
38. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.
39. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.
Standard Conditions
40. Lofts or mezzanines shall not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained.
41. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed a height of 42" above actual grade of the property.
42. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.
43. 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.
44. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.
45. Prior to issuance of a building permit, a copy of the recorded map shall be provided to the City Planning Division.
46. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with Subchapter 9.04.16 Condominiums.
47. Construction period signage shall be subject to the approval of the Landmarks Commission.
48. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.
PUBLIC WORKS DEPARTMENT (PWD)
Drainage
49. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Public Works (PWD) pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, which include the following:
· Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;
· An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
· Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties;
· Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site;
· Drainage controls may be required depending on the extent of grading and topography of the site; and
· New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable 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.
50. Automotive repair facilities and dealerships, parking areas and structures, automotive paint shops, gas stations, equipment degreasing areas, and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Public Works Department will set specific requirements. Building permit plans shall show the required installation.
Hazardous Materials
51. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Public Works/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.
Streets
52. Unless otherwise approved by the Department of Public Works, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.
53. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Public Works shall be reconstructed to the satisfaction of the Department of Public Works. Approval for this work shall be obtained from the Department of Public Works prior to issuance of the building permits.
54. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of Public Works.
Off-site
55. All off site improvements required by the City Engineer shall be installed and be designed and constructed to be as permeable as possible. Plans and specifications for off site improvements shall be prepared by a registered civil engineer and approved by the City Engineer.
56. A subdivision improvement agreement for all off site improvements required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office.
Environmental Mitigation
57. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Public Works for its approval. The recycling plan shall include:
1) List of materials such as white paper, computer paper, metal cans, and glass to be recycled;
2) Location of recycling bins;
3) Designated recycling coordinator;
4) Nature and extent of internal and external pick-up service;
5) Pick-up schedule; and
6) Plan to inform tenants/ occupants of service.
58. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads.
Construction Period Mitigation
59. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Public Works prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall:
1)
Specify the names, addresses, telephone numbers and business
license numbers of all contractors and subcontractors as well as the developer
and architect;
2)
Describe
how demolition of any existing structures is to be accomplished;
3)
Indicate
where any cranes are to be located for erection/construction;
4)
Describe how much of the public street,
alleyway, or sidewalk is proposed to be used in conjunction with construction;
5)
Set forth the extent and nature of any
pile-driving operations;
6)
Describe the length and number of any tiebacks
which must extend under the property of other persons;
7)
Specify the nature and extent of any dewatering
and its effect on any adjacent buildings;
8)
Describe anticipated construction-related truck
routes, number of truck trips, hours of hauling and parking location;
9)
Specify the nature and extent of any helicopter
hauling;
10)
State whether any construction activity beyond
normally permitted hours is proposed;
11)
Describe any proposed construction noise
mitigation measures, including measures to limit the duration of idling
construction trucks;
12)
Describe construction-period security measures
including any fencing, lighting, and security personnel;
13)
Provide a drainage plan;
14)
Provide 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;
19)
Provide for adequate dust control during
construction;
20)
Specify that there will be no pile driving
permitted during construction;
21)
Specify that
there shall be no alley closures except for the implementation of necessary
utility connections.
Final Map Requirements
60. In submitting required materials to the Santa Monica Engineering Division for a final map, applicant shall provide a copy of the approved Statement of Official Action.
61. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of SMMC Sections 9.20.12.010 through 9.20.08.090 and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval.
62. One mylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Recorder prior to issuance of any building permit for a condominium project pursuant to Government Code Section 66499.30. Applicant shall also provide the County with a copy of this Statement of Official Action at the time the required copies of the map are submitted.
63. Prior to approval of the Final Map, the requirements of Santa Monica Municipal Code Section 9.04.10.16.010 (d) shall have been met.
OPEN SPACE MANAGEMENT
64.
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 Service Department and the City’s Tree
Code (SMMC Chapter 7.40).
FIRE
65. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit.
VOTE
Ayes: Councilmembers
Bloom, Holbrook, McKeown, Shriver, Mayor Pro Tem O’Connor, Mayor Genser
Nays: None
Abstain: None
Absent: Councilmember
Davis
NOTICE
If this is a final decision not subject to
further appeal under the City of
I hereby certify that this Statement of
Official Action accurately reflects the final determination of the City Council
of the City of
_____________________________ ______________
MARIA M. STEWART, City Clerk Date
NOTICE
OF EXEMPTION
Electronic version of attachment is not
available for review. Document is
available for review at the City Clerk’s office and the Libraries.