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PROJECT INFORMATION CASE NUMBER: Design
Compatibility Permit 06-002, Development Review 06-003, Vesting Tentative Tract
Map 06-005
LOCATION: 525
Broadway APPLICANT: PRU/JSM
Trino LLC Property Owner: PRU/JSM
Trino LLC CASE PLANNER: REQUEST: 125 market-rate
condominiums and 7,520 square feet of ground floor commercial space over four
levels of subterranean parking. CEQA STATUS: An
Environmental Impact Report was prepared for this project in accordance with
the California Environmental Quality Act Guidelines and was certified on
November 14, 2007 by Resolution 07-002 (Planning Commission Series). |
PLANNING COMMISSION ACTION
|
November 14, 2007 |
Determination Date |
|
X |
Approved based on the following findings and subject to the conditions
below. |
|
|
Denied. |
|
|
Other: |
EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED: |
DR06-003;
DCP06-002: November 29, 2007 TM06-005:
November 25, 2007 |
|
EXPIRATION
DATE OF ANY PERMITS GRANTED: |
DR06-003; DCP
06-002: November 29, 2008 TM06-005:
November 25, 2009 |
|
LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*: |
DR06-003; DCP
06-002: One (1) year TM06-005: Three
(3) years with Planning Commission approval |
* 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.
FINDINGS:
DEVELOPMENT REVIEW FINDINGS
1.
The
physical location, size, massing, and placement of proposed structures on the
site and the location of proposed uses within the project are compatible with
and relate harmoniously to surrounding sites and neighborhoods, in that the
subject property is located in the downtown area and is generally surrounded by
development ranging from 3-6 stories.
One exception is the adjacent property to the west which is currently
developed with a one-story commercial structure. Although this side of the project faces an
alley, it is a highly visible elevation, and has therefore been treated with
the same level of detail as the primary south and east elevation. The building
mass steps back starting at the fourth storey and continues to do so at the
upper levels of the building. At the
ground level, the project attempts to acknowledge the presence of the alley
with a more industrial feel than the east or south sides of the project.
The
cohesive architectural concept also aids in the seamless transition between the
ground floor commercial space and the residential space above. The project uses the commercial space to
address the street by providing a strong presence at the corners of
The
surrounding architectural styles are contemporary modern buildings of a similar
style to the proposed project. Despite
the proposed project’s size, it is elegantly broken into smaller components
through the placement of balconies, fenestration, and introduction of two
courtyards that reduce the apparent mass of the building. The project is complimentary to the existing
development in the area and will help to frame the street wall at the
intersection of 6th and Broadway.
The building articulation and two courtyards break down the overall
scale of the building and help it better relate to the scale and type of
surrounding development.
2.
The rights-of-way can accommodate autos and
pedestrians, including parking and access, in that the project will provide 306
parking spaces within a four-level subterranean garage. Vehicular access will be provided from
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
proposed development is located within an urbanized area that is already
adequately served by existing City infrastructure. No new safety services or
public infrastructure will be required by this project.
4.
Any
on-site provision of housing or parks and public open space, which are part of
the required project mitigation measures required in Part 9.04.10.12 (Project
Mitigation Measures) of the City of Santa Monica Comprehensive Land Use and
Zoning Ordinance, satisfactorily meet the goals of the mitigation program, in
that the project will not result in the
new construction of 15,000 net rentable square feet or the addition to an
existing commercial project of 10,000 net rentable square feet or more of
office floor area.
5.
The
project is generally consistent with the Municipal Code and General Plan, in
that the subject property has a land use designation of General Commercial,
which is intended to allow retail, general office, and high-density residential
uses. On this point, the proposed
project is consistent with the intent of the General Commercial designation, as
demonstrated through approximately 7,520 square feet of ground floor commercial
space and 125 market-rate residential condominiums. In addition, Objective 3.4 requires that the
unique character of commercial districts be enhanced. Furthermore, two policies relating to
pedestrian scale and character apply to the project. Policy 3.3.1. requires the maximization of,
“…pedestrian amenities at the ground floor street frontage, such as frequent
entrances and windows, awnings, arcades, and paseos,” and Policy 3.3.4
encourages the, “…the design articulation of building facades.” The project contributes to the commercial
character of the area through the general retail use for the ground floor,
which will encourage pedestrian activity around the project. The ground floor
commercial space has been designed with a significant amount of fenestration
and pedestrian-oriented entrances and eyebrows.
In addition, the two entrance lobbes for the residential units are located
on
The 125 residential condominiums and
affordable off-site units proposed are consistent with Land Use Element Objective 1.1, to provide adequate housing for
City residents of all incomes and to increase the amount of affordable housing
in the Downtown area. The project will
provide 10 very-low income, two-bedroom units at an off-site location (
6.
The
project would result in significant effects on the environment which cannot be
eliminated or substantially lessened.
However, these significant environmental effects are acceptable due to
overriding considerations. More specifically, this project has significant,
unavoidable impacts on traffic and construction effects. Public
benefits derived from the project include: a well-designed project that
contributes 125 additional housing units to the City’s housing stock, 10
very-low income, two-bedroom units at an off-site location (
TENTATIVE PARCEL / TRACT 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, including unit density and height
standards for the subject land use designation.
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.
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.
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.
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. 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.
Moreover, the subdivision will document and incorporate all easements
within the Final Map.
8.
The
proposed subdivision is consistent with any ordinance or law of the City of
DESIGN
COMPATIBILITY PERMIT FINDINGS
1. The physical location, size, massing and
placement of proposed structures on the site and the location of proposed
amenities within the project are compatible with and relate harmoniously to
surrounding sites and neighborhoods in that the subject property is located in
the downtown area and is generally surrounded by development ranging from 3-6
stories. One exception is the adjacent
property to the west which is currently developed with a one-story commercial
structure. Although this side of the
project faces an alley, it is a highly visible elevation, and has therefore been
treated with the same level of detail as the primary south and east elevation.
The building mass steps back starting at the fourth storey and continues to do
so at the upper levels of the building.
At the ground level, the project attempts to acknowledge the presence of
the alley with a more industrial feel than the east or south sides of the
project.
The
project clearly appears as a residential structure on the street side through
the variation in placement and height of fenestration and breaks in the
transition between each story. Despite the building’s 60-foot building height,
the apparent mass of the building is softened by increased building returns and
stepping back some of the building volume on the upper levels, primarily
through the presence of the elevated courtyards and use of balconies.
As
a highly visible building, all four elevations of the project have been
detailed to provide visual interest, even on the north elevation. Although the
north elevation necessarily has limited fenestration due to fire and building
code restrictions, the architecture of the east and west elevations has been
wrapped around to a depth that is visible from the street providing continuity
between all three elevations. The inclusion
of lightwells not only provides daylight into the project’s internal corridors
but also serves to frame the central mass of the north elevation.
The
cohesive architectural concept aids in the seamless transition between the
ground floor commercial space and the residential space above. The project uses the commercial space to
address the street by providing a strong presence at the corners of
The surrounding architectural styles
are contemporary modern buildings of a similar style to the proposed
project. Despite the proposed project’s
size, it is elegantly broken into smaller components through the placement of
balconies, fenestration, and introduction of two courtyards that reduce the
apparent mass of the building. The
project is complimentary to the existing development in the area and will help
to frame the street wall at the intersection of 6th and
Broadway. The building articulation, two
courtyards, and enlarged outdoor entry areas break down the overall scale of
the building and help it better relate to the scale and type of surrounding
development.
2. The physical location, size, massing
and placement of proposed structures on the site, and parking access and the
location of proposed amenities within the project would not be detrimental to
the public interest, health, safety, convenience or general welfare in that the
proposed project contemplates the construction of 125 market-rate residential
condominiums and 7,520 square feet of ground floor commercial space. The project will have two driveways with
access from Fifth Court Alley and one driveway with access from Broadway. One driveway on the alley will be exclusively
for the use of residents and their guests while the other two driveways will be
for commercial traffic. The inclusion of
three dedicated driveways for this mixed-use project intended to specifically
address any potential conflicts between commercial and residential traffic and
to make it easier to find the commercial parking entrance. The project has demonstrated compliance with
the General Plan and Municipal Code and is similar in mass and style to
existing mixed-use development in the vicinity of the subject property.
3. The rights-of-way can
accommodate autos and pedestrians, including parking and access, in that the
project will provide 306 parking spaces within a four-level subterranean
garage. Vehicular access will be
provided from
4. The health and safety services (police,
fire etc.) and public infrastructure (e.g., utilities) is sufficient to
accommodate the new development, in that the proposed development is located
within an urbanized area that is already adequately served by existing City
infrastructure. No new safety services or public infrastructure will be
required by this project.
5. The project would result in significant
effects on the environment which cannot be eliminated or substantially
lessened. However, these significant
environmental effects are acceptable due to overriding considerations. More
specifically, this project has significant, unavoidable impacts on traffic and
construction effects. Public benefits derived from the project
include: a well-designed project that contributes 125 additional housing units
to the City’s housing stock, 10 very-low income, two-bedroom units at an
off-site location (
6. The proposed use conforms precisely to
the minimum requirements outlined in Section 9.04.16, Subchapter
9.04.16.01.030, in that the proposed project, as conditioned below, and shown
on the plans submitted by the applicant, demonstrates compliance with all
applicable provisions of the City of Santa Monica Zoning Ordinance.
CONDITIONS OF
APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1.
Prior to review of the project by the
Architectural Review Board, the applicant shall study and provide design
alternatives for roofline variation on the
2.
Prior to review of the project by the
Architectural Review Board, the applicant shall study and provide design
alternatives that demonstrate increased building returns and/or additional
articulation on the building mass above the
3. Prior to review of the project by the Architectural Review Board, the applicant shall provide window details and courtyard elevations and prepare a sun/shade analysis and study to demonstrate that the units facing the interior courtyards receive adequate light and air throughout the year.
4. Prior to review of the project by the Architectural Review Board, the applicant shall provide details of the transition point between the CMU wall and acrylic paneling on the west elevation alley units.
5. The Architectural Review Board shall pay particular attention to the following design elements of the project:
·
The building corner of
·
The size and configuration of the commercial outdoor
seating areas along
· Courtyard landscaping that is well designed and provides privacy without obstructing daylight into the building;
·
The location of the
· A separate stairway for commercial patrons from the subterranean garage to the street level should be provided; and
· Where possible, identify opportunities for the interior corridors to receive adequate daylight.
6. Curbside valet shall not be permitted for the life of the project.
7. The LEED accreditation to be pursued by the applicant should be fully reflected in the project design and materials with specific attention to the following sustainable aspects of the project:
· Dual flush toilets;
· Showers and changing rooms in the commercial space for future employees that bicycle to work;
· At least 24 bicycle parking spaces as shown on the proposed plans;
· Priority parking for low emissions and alternative fuel vehicles;
· Non-emergency lighting will shut off automatically after hours;
· Water efficient landscaping using native and drought tolerant plant material;
· Low flow shower heads, lavatories, and kitchen sinks;
· Evaluation for limited photovoltaic array on the roof to enable the building to produce a percentage of its energy use; and
· Light-coloured roof membrane with a high Solar Reflectance Index to reduce the heat island effect.
8. The affordable units within the project shall be made available to tenants consistent with Section 7(a) of the Administrative Guidelines (last amended in 12/11/01) which are called for in Santa Monica Municipal Code (SMMC) Chapter 9.56 Affordable Housing Production Program, Section 9.56.110 (b).
Administrative
9. The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. An appeal of the approval, conditions of approval, or denial of a subdivision map must be filed with the City Clerk within ten consecutive days following the date of Planning Commission determination in the manner provided in Part 9.20.14, Section 9.20.14.070. 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 two years from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction.
10.
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
11. 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.
12. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Compatibility Permit.
13.
Prior
to the issuance of a building permit, a deed restriction limiting future use
and residential occupancy of the residential portion of the project must be
drafted, executed by the property owner, City and recorded by the
14. 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.
Conformance with Approved Plans
15. This approval is for those plans dated October 31, 2007, 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.
16. 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.
17.
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
18.
Pursuant
to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to
the City's Affordable Housing Production Program which requires the proposed 125-unit
condominium development to provide ten (10) percent of the units affordable to
very-low income households, twenty (20) percent of the units affordable to low
income households, or 100 percent of the units affordable to moderate income
households. The applicant will satisfy
this affordable housing obligation by providing 10 two-bedroom, very-low income
unit(s) off-site (SMMC Section 9.56.060).
Fees
19.
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.
20.
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.
Mitigation Monitoring Program
21.
Pursuant to the requirements of Public Resources
Code Section 21081.6, the City Planning Division will coordinate a monitoring
and reporting program regarding any required changes to the project made in
conjunction with project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant effects on the
environment. This program shall include,
but is not limited to, ensuring that the City Planning Division itself and
other City divisions and departments such as the Building and Safety Division,
the Department of Environmental and Public Works, the Fire Department, the
Police Department, the Planning and Community Development Department and the
Finance Department are aware of project requirements which must be satisfied
prior to issuance of a Building Permit, Certificate of Occupancy, or other
permit, and that other responsible agencies are also informed of conditions
relating to their responsibilities.
Project owner shall demonstrate compliance with conditions of approval
in a written report submitted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of Occupancy, and, as
applicable, provide periodic reports regarding compliance with such conditions.
Mitigation Measures
22.
CON-1
Construction Impact Mitigation Plan. The applicant shall prepare and implement
a Construction Impact Mitigation Plan to provide for traffic and parking
capacity management during construction.
This plan shall be subject to review and approval by the City and, at a
minimum, shall include the following:
·
A public information program to
advise motorists of impending construction activities (e.g., media coverage,
portable message signs, and information signs at the construction site);
·
Approval
from the City, or Caltrans if required, for any construction detours or
construction work requiring encroachment into public rights-of-way, or any
other street use activity (e.g., haul routes);
·
Timely notification of
construction schedules to all affected agencies (e.g., Police Department, Fire
Department, Department of Environmental and Public Works Management, and
Department of Planning and Community Development);
·
Coordination of construction
work with affected agencies five to ten days prior to start of work;
·
A traffic control plan for
the streets surrounding the work area, which includes specific information
regarding the project’s construction and activities that will disrupt normal
traffic flow;
·
Minimizing dirt and
demolition material hauling and construction material delivery during the
morning and afternoon peak traffic periods and cleaning of streets and
equipment as necessary;
·
Scheduling and expediting of
work to minimize disruption of and interference with the adjacent vehicular and
pedestrian traffic flow. City staff
shall review the required applicant-prepared Construction Period Mitigation
Plan to ensure that scheduling and planning of on-street construction activity
will minimize impacts to pedestrian and vehicular flow as well as public
parking around the site during the morning and afternoon peak-traffic periods
to the greatest extent practical;
·
Limiting of queuing of trucks
to on-site and prohibition of truck queuing on area roadways;
·
Scheduling of preconstruction
meetings with affected agencies to properly plan methods of controlling traffic
through work areas;
·
Storage
of construction material and equipment within the designated work area and
limitation of equipment and material visibility to the public; and
·
Provision of off-street
parking for construction workers, which may include the use of a remote
location with shuttle transport to the site, if determined necessary by the
City of
23.
CON
2(a) Diesel Equipment Mufflers. All
diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
24.
CON
2(b) Electrically-Powered Tools.
Electrical power shall be used to run air compressors and similar power
tools.
25.
CON
2(c) Restrictions
on Excavation and Foundation/Conditioning.
The operation of excavation, foundation-laying, and conditioning (the
noisiest phases of construction) equipment that collectively exceeds 80dB or
100dB SEL (single-event noise level) shall be restricted to between the hours
of 10:00 AM and 3:00 PM, Monday through Friday, in accordance with Section
4.12.110(d) of the Santa Monica Municipal Code.
26.
CON 2(d) Additional Noise
Attenuation Techniques. For all noise
generating construction activity on the project site, additional noise
attenuation techniques shall be employed to reduce noise levels to City of
27.
CON
2(e) Construction
Sign Posting. In accordance with Santa
Monica Municipal Code Section 4.12.120, the project applicant shall be required
to post a sign informing all workers and subcontractors of the time
restrictions for construction activities.
The sign shall also include the City telephone numbers where violations
can be reported and complaints associated with construction noise can be submitted.
28.
CON
3(a) Fugitive Dust Control Measures. The
following shall be implemented during construction to minimize fugitive dust
and associate particulate emissions:
·
All material excavated or graded should be sufficiently
watered to prevent excessive amounts of dust. Watering should occur at least
three time daily with complete coverage, preferably at the start of the day m,
in the late morning and after work is done for the day;
·
All grading, earth moving or excavation activities shall
cease during periods of high winds (i.e., greater than 20 mph measured as
instantaneous wind gusts) so as to prevent excessive amounts of dust;
·
All material transported on and off-site should be securely
covered to prevent excessive amounts of dust;
·
Soils stockpiles should be covered;
·
On-site vehicle speeds shall be limited to 15 mph;
·
Install wheel washers where vehicles enter and exit the
construction site onto paved roads or wash off trucks and any equipment leaving
the site each trip;
·
Appoint a construction relations officer to act as a
community liaison concerning on-site construction activity including resolution
of issues related to PM10 generation; and
·
Sweep streets at the end of the day using SCAQMD Rule 1186
certified street sweepers or roadway washing trucks if visible soil is carried
onto adjacent public paved roads (recommend water sweepers with reclaimed
water).
29.
CON
3(b) NOX Control Measures.
Throughout construction, off-road diesel equipment shall use cooled
exhaust gas recirculation to reduce emissions of nitrogen oxides.
30.
CON
3(c) Ozone Precursor Control Measures.
The following shall be implemented throughout construction to reduce
emissions of ozone precursors ROC and NOX:
·
Equipment engines should be maintained in good condition and
in property tune as per manufacturer’s specifications;
·
Schedule construction periods to occur over a longer time
period (i.e. lengthen from 60 days to 90 days) during the smog season so as to
minimize the number of vehicles and equipment operating simultaneously; and
·
Use new technologies to control ozone precursor emissions as
they become readily available.
31.
N-2(a)
Rooftop Ventilation. Parapets shall be
installed around all rooftop ventilation systems.
32.
N-2(b)
Truck Deliveries and Trash Pick-Up. All
commercial truck deliveries and trash pickups shall be restricted to daytime
operating hours (7:00AM to 10:00PM Monday through Friday, and 8:00AM to 10:00PM
on weekends).
Cultural Resources
33.
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.
CC&Rs
34.
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).
Project Operations
35.
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.
36.
The
project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Final Design
37.
Plans for final design, landscaping, screening,
trash enclosures, and signage shall be subject to review and approval by the
Architectural Review Board.
38.
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.
39.
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.
40.
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 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.
41.
No gas or electric meters shall be located
within the required front or street side yard setback areas. The Architectural Review Board in its review
shall pay particular attention to the location and screening of such meters.
42.
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.
Construction Plan Requirements
43.
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.
44.
Any new
restaurant at the site with fewer than 50 seats capacity shall install a grease
interceptor with minimum 750 gallons static holding capacity in order to
pretreat sewered grease. Facilities with
greater than 50 seats are required to install an interceptor with 1000 gallons
minimum holding capacity. The
Environmental and Public Works Management Department may modify the above
requirements only for good cause.
Specifically, the facility must demonstrate to the satisfaction of the
Industrial Waste Section and Building and Safety Division that interceptor
installation is not feasible at the site in question. In such cases where modifications are
granted, grease traps will be required in the place of an interceptor. Building permit plans shall show the required
installation.
Demolition Requirements
45.
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.
46.
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
47.
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.
48.
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
49.
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
identifies a contact person at City Hall as well as the developer who will
respond to complaints related to the proposed construction. The notice shall be mailed to property owners
and residents within a 200-foot radius from the subject site at least five (5)
days prior to the start of construction.
50.
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.
51.
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
52.
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.
53.
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.
54.
Final
parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
55.
Prior
to issuance of a building permit, a copy of the recorded map shall be provided
to the City Planning Division.
56.
Prior
to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums.
57.
Construction period signage shall be subject to
the approval of the Architectural Review Board.
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
Drainage
58.
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. Prior to submittal of landscape plans for
Architectural Review Board approval, the applicant shall contact EPWM 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.
59.
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 Environmental and Public
Works Management Department will set specific requirements. Building permit
plans shall show the required installation.
Hazardous Materials
60.
Prior to the demolition of any existing
structure, the applicant shall submit a report from an industrial hygienist to
be reviewed and approved as to content and form by the Environmental and Public
Works Management/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
61.
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.
62.
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.
63.
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.
Off-site
64.
All off
site improvements required by the City Engineer shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil engineer and approved by
the City Engineer.
65.
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
66.
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; and
6) Plan
to inform tenants/ occupants of service.
67.
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.)
Construction Period Mitigation
68.
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 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; and
18) Provide
a construction period water runoff control plan.
Final Map Requirements
69.
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.
70.
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.
71.
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.
72.
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
73.
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
74.
A
“Knox” key storage box shall be provided for ALL new construction. For buildings, other than high-rise, a
minimum of 3 complete sets of keys shall be provided. Keys shall be provided
for all exterior entry doors, fire protection equipment control equipment
rooms, mechanical and electrical rooms, elevator controls and equipment spaces,
etc. For high-rise buildings, 6 complete
sets are required.
75.
Santa
Monica Municipal Code Chapter 8 section 8.44.050 requires an approved automatic
fire sprinkler system in ALL new construction and certain remodels or
additions. Any building that does not
have a designated occupant and use at the time fire sprinkler plans are
submitted for approval, the system shall be designed and installed to deliver a
minimum density of not less than that required for ordinary hazard, Group 2,
with a minimum design area of not less than three thousand square feet. Plans and specifications for fire sprinkler
systems shall be submitted and approved prior to system installation.
76.
Buildings
four or more stories in height shall be provided with not less than one
standpipe during construction.
77.
The
standpipe(s) shall be installed before the progress of construction is more
than 35- feet above grade.
Two-and-one-half-inch valve hose connections shall be provided at
approved, accessible locations adjacent to useable stairs. Temporary standpipes shall be capable of
delivering a minimum demand of 500 gpm at 100-psi residual pressure. Pumping
equipment shall be capable of providing the required pressure and volume.
78.
Provide
Multipurpose Dry Chemical type fire extinguishers with a minimum rating of 2A -
10B:C. Extinguishers shall be located on
every floor or level. Maximum travel
distance from any point in space or building not to exceed 75 feet. Extinguishers shall be mounted on wall or
installed in cabinet no higher than 4 ft. above floor is plainly visible and
readily accessible or signage shall be provided.
79.
Every
building and/or business suite is required to post address numbers that are
visible from the street and alley. Address numbers shall be a minimum of six
(6) inches in height and contrast with their background. Suite or room numbers shall be a minimum of (4)
inches in height and contrast with their background. Santa Monica Municipal
Code Chapter 8 section 8.48.130 (l) (1).
80.
In
buildings two stories or more in height an approved floor plan providing
emergency procedure information shall be posted at the entrance to each
stairway, in every elevator lobby, and immediately inside all entrances to the
building. The information shall be posted so that it describes the represented
floor and can be easily seen upon entering the floor level or the building.
Required information shall meet the minimum standards established in the Santa
Monica Fire Department, Fire Prevention Division, information sheet entitled
“Evacuation Floor Plan Signs.” (
81.
Stairway
Identification shall be in compliance with CBC 1003.3.3.3.13.
82.
In
buildings two stories in height at lest one elevator shall conform to the
California Building Code Chapter 30 section 3003.5a for General Stretcher
Requirements for medical emergency use.
·
The
elevator entrance shall not be less then 42 inches wide by 72 inches high.
·
The
elevator car shall have a minimum clear distance between walls excluding return
panels of not less than 80 inches by 54 inches.
·
Medical
emergency elevators shall be identified by the international symbol (star of
life) for emergency elevator use. The
symbol shall be not less then 3-inches in size.
83.
Alarm-initiating
devices, alarm-notification devices and other fire alarm system components
shall be designed and installed in accordance with the appropriate standards of
Chapter 35 of the Building Code, and the National Fire Alarm Code NFPA 72. The fire alarm system shall include visual
notification appliances for warning the hearing impaired. Approved visual appliances shall be installed
in ALL rooms except private (individual) offices, closets, etc
An approved fire alarm system shall be
installed as follows:
Group R, Division 1
Apartment houses containing 16 or more dwelling units, hotels containing 20 or
more guest rooms and congregate residences having an occupant load of 20 or
more, or any of these uses located in building three or more stories in height,
shall be provided with a manual and automatic fire alarm system. Smoke detectors shall be provided in all
common areas and interior corridors of required exits serving an occupant load
of 10 or more. Recreational, laundry,
furnace rooms and similar areas shall be provided with heat detectors.
Plans and specifications for fire alarm
systems shall be submitted and approved prior to system installation
84.
Floor-level
exit signs are required in all interior corridors per 1007.6.2.1.
VOTE: Certification
of the Environmental Impact report
Ayes: Dad, Davis,
Koning, O’Day, Ries, Chair Pugh
Nays: Johnson
Abstain: None
Absent: None
VOTE: Resolution
Adopting a Statement of Overriding Considerations and Mitigation Monitoring
Program
Ayes: Dad, Davis,
Koning, O’Day, Ries, Chair Pugh
Nays: Johnson
Abstain: None
Absent: None
VOTE: Development
Review Permit 06-003; Design Compatibility Permit 06-002; Vesting Tentative
Tract Map 06-005
Ayes: Davis, Koning,
O’Day, Ries, Chair Pugh
Nays: Dad, Johnson
Abstain: None
Absent: None
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 Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
Acknowledgement
by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
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