Planning Commission Meeting: June
21, 2006
Agenda Item: _9-B
To: Planning Commission
From: Amanda
Schachter, City Planning Division Manager
Subject: Applications Development Review 05-008;
Design Compatibiliy Permit 05-003; Tract Map 05-017; Initial Study 05-004 to
allow the construction of a 22,446 square-foot, three story plus loft, 45-foot
high condominium building containing 16 artist live-work units and 60 parking
spaces within two levels of subterranean garage.
Address: 1652 Twelfth Street
Applicant: Plus
Architects
It
is recommended that the Planning Commission take the following actions subject
to findings and conditions contained in Attachment B:
1.
Adopt the Resolution adopting the attached Initial Study/Mitigated
Negative Declaration and Mitigation Monitoring Program for project-related environmental impacts;
2.
Approve applications 05DR-008; 05DCP-003; 05TM-017.
Executive
Summary
The
applicant, Plus Architects, proposes to construct a new 22,446 square-foot, three-story plus loft, 45-foot high
condominium building to establish 16 new market rate artist live-work condominium
units in the Industrial Conservation (M1) District. The subject property is an entirely paved,
relatively flat rectangular site of 15,000 square feet in area.
The following issues should be
considered by the Planning Commission in its review of the proposed project and
are addressed in this report:
·
Do the proposed mitigation measures reduce the potential
significant impacts to less than significant levels?
·
Is the
proposed location, size, massing, and placement of the proposed structure on
the site, and the use of the project, compatible with and relate harmoniously
to the surrounding properties and neighborhood?
·
Is the
project and subdivision generally consistent with the Municipal Code and
General Plan?
Project / Site Information
The following table provides a
brief summary of the project location. Additional information regarding the
project’s compliance with applicable municipal regulations and the General Plan
is available in Attachment A.
Project and Site Information Table
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Zoning District:
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M1
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Site Location Map
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Land Use
Element Designation:
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Industrial
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Parcel Area (SF):
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15,000 SF
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Parcel
Dimensions:
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100’ W x 150’ D
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Existing On-Site
Improvements (Year Built):
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Vacant, paved
parcel
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Rent Control
Status:
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Commercial exempt
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Adjacent Zoning
Districts and Land Uses:
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Property
surrounded on all sides by commercial and industrial businesses in the M1
Zone.
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The project site is located
mid-block on the west side of Twelfth
Street between Colorado Avenue and Olympic Boulevard. The street is a cul-de-sac with access to the
site only available from westbound Olympic Boulevard (a median on Olympic
Boulevard prevents eastbound traffic from making a left-turn onto the
street).
The subject property does not
contain any structures and consists of a flat, paved parking area that
currently houses vehicles from the adjacent tow truck business north of the
parcel. There are no special
entitlements or encumberances on the property that require it to provide
parking for any adjacent properties. The
site is located within an industrial neighborhood of mostly one-story
commercial and industrial buildings. However, two-story buildings are situated
on both corners of Twelfth Street
at Olympic Boulevard, and a four-story artist loft building is located directly
across the street from the subject property.
An automobile towing, storage and lien sales lot is located on the
neighboring property directly south of the site.
The project involves the construction of a three-story plus
loft, 45-foot tall, condominium building containing 16 artist live-work units
and 60 parking spaces within two levels of subterranean garage. The Zoning Ordinance defines an artist studio as “a building or portion
of a building used as a place of work by an artist”, where living quarters for
the artist may be permitted, provided the living space does not exceed 50
percent of the square footage of the total studio space. Exhibition space and performance space is
specifically prohibited. The Zoning
Ordinance does not provide a definition for an “artist”.
Artist live-work studios are
permitted in the M1 District, which allows for additional building height of
three stories and 45 feet rather than two stories and 30 feet, and a
floor-area-ratio of 1.5 rather than 1.0, with approval of a Development Review
Permit. The total building area would be
approximately 22,446 square feet (1.49 FAR).
The building is designed with a central courtyard in a horseshoe
configuration open to Twelfth
Street. The
architectural design is modern/contemporary, and includes materials such as
corrugated metal to reflect the industrial surroundings. Photovoltaic panels approximately two-feet
wide would be mounted at intervals around the inside edge of the roof to
provide supplemental electrical power.
Each studio contains two levels, while the third-floor units are
designed with second-level mezzanines within the third-floor elevation. Units would range from roughly 1,100
square-feet to 1,600 square-feet in size, and just over 50% of each unit would
be designed as work space, as required by Code.
In all cases, the floor plan is open and does not make a distinction
between the studio space and the residential component of each unit. This will
allow for maximum flexibility in the use of the space by artists. Condition #3 has been added to require that a
minimum of 50 percent of the floor area of each individual unit will be devoted
to artist work space. Additionally, each
unit contains private open space in the form of patios, decks and balconies
ranging from 70 square-feet to 475 square-feet.
Although landscaping is not
required in the M1 District, the project provides 350 square-feet of
landscaping in the front yard area adjacent to the public right-of-way on Sixteenth Street. Two levels of subterranean parking would
provide 40 standard parking spaces, 16 compact spaces, and four
wheelchair-accessible spaces for a total of 60 parking spaces. The 16 artist lofts will require 47 of these
parking spaces. The new parking
structure will be accessed from Eleventh Court Alley.
Pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15063, an Initial Study was
conducted and a Draft Mitigated Negative Declaration was prepared for this
project. The Draft Mitigated Negative
Declaration (Attachment F) was circulated for a 30-day public review
period from April 10 to May 10, 2006 and no comments were received. The Initial
Study/Mitigated Negative Declaration concluded that the project would have no
impact or a less than significant impact in each of the following areas:
Geology and Soils, Shadows, Public Services, Cumulative Impacts, Hydrology and
Water Quality, Biological Resources, Air Quality, Population and Housing, Land
Use and Planning, Transportation/Traffic, Utilities and Service System,
Economic and Social Impacts, Recreation, Agricultural Resources, Energy &
Mineral Resources, Hazards and Hazardous Materials.
In four categories,
Aesthetics, Construction, Cultural Resources and Noise, impacts during the
construction period were identified that are potentially significant and
require mitigation measures. These
measures are included in the proposed conditions of approval (Conditions #15,
16, 19, 29, 30, 32-35, and 53) and are contained in the Mitigation Monitoring
Plan attached to the Resolution adopting the Mitigated Negative Declaration (Attachment F).
A traffic analysis was conducted
for the project, examining capacity and operations at two intersections in the vicinity of the project and on 12th Street
between Colorado Avenue
and Olympic Boulevard. The proposed
project is expected to generate a net increase of 94 new daily trips, including
7 new trips during the AM peak hour and 8 new trips during the PM peak
hour. Based on the City’s significance
criteria, the project would not result in any significant traffic impacts, and
therefore no mitigation measures have been required.
The
proposed condominium buildings would cast shadows onto adjacent properties,
particularly in the wintertime when shadows are most extreme. However, shadows cast by the proposed project
would be cast on areas that either: a.: are not considered light-sensitive; or
b.) are shadowed for less time than established by the City’s significance
threshold (a three-hour period between 9:00 a.m. and 3:00 p.m. at the Winter
Solstice). Therefore, shadows are
considered less than significant and mitigation measures are not required.
Project Analysis
Neighborhood
Compatibility
The project is located in a neighborhood
that is undergoing transition. While the
block is still comprised mostly of one and two-story commercial and industrial
businesses, a four-story artist studio building was constructed across the
street at 1643 12th
Street in 1990. Because artist studios are encouraged in the
industrial zones, and are permitted a three-story and 45-foot height limit
through a Development Review Permit, more parcels on this block could be
redeveloped in the future with similar developments.
The proposed project is of similar height,
mass and scale as the existing artist studio across the street. In general, the
project’s design appears to integrate well into this eclectic industrial
neighborhood. The project is
contemporary in design and will be distinguishable within the M1 District given
the building’s articulation, use of upper story balconies, fenestration, and
façade embellishments. The variety in materials and shapes break up the
geometry of the building into smaller pieces which serve to break up the mass. This is in contrast with the typical
industrial design that is strictly functional and unembellished. However, the
overall design is respectful of its location within an industrial district by
incorporating certain design elements that are typical of industrial
buildings. These include a façade
treatment that will consist of a combination of corrugated metal panels and
smooth stucco as well as a metal catwalk and elevator in the central courtyard;
industrial-like window style and scale; a linear symmetry and boxiness of
design; and, a low profile, horizontal mass and scale that is consistent with
industrial building design. These design
considerations and materials create an overall impression of the structure that
is in character with the light industrial neighborhood, even though it will
function, in part, as a residential use.
The provision of a central open courtyard and upper-level stepbacks,
open space, and pedestrian-oriented design features such as ground-floor
windows and pedestrian street access, upper-story balconies and decks and landscaping
between the front façade and the street will ensure adequate light, air, and privacy
for the residents. Analysis of potential shadows from the building found that
they would not significantly impact the adjacent commercial uses due to the
project’s adjacency to an undeveloped, paved parking lot on the north side. Although landscaping is not required in
the M1 District, the project provides 350 square-feet of landscaping in the
front yard area adjacent to the public right-of-way on Sixteenth Street. The design of the proposed project does not negatively impact on the use
of the adjacent commercial properties, as the building’s articulation and
setbacks on the upper floors serve to break the massing and scale of the
building. Moreover, another building of
comparable size and mass, a four-story artist live-work building, has existed
across the street from the subject property since 1990.
Staff recommends that further attention be
provided to one component of the project design. The entry area appears to be overly
ornamental; however, staff believes this issue can be resolved through the
Architectural Review Board process and in no way compromises the project’s
neighborhood compatibility. Condition
#18 addresses this issue.
Neighbor Concern
Staff received one piece of written correspondence in
November of 2005 from the business owner of the adjacent property to the north
at 1654 Twelfth Street
(Tip Top Tow Service). This individual
expressed concern regarding compatibility of the proposed project with his
business operation which is a 24-hour towing service which has been in
operation for several years. Specifically,
the issues of noise and fumes were raised due to the nature of the business, including
noise from transporter trucks delivering vehicles during the night, noise from
car alarms potentially going off, and potential fumes from the diesel transport
trucks and associated towing equipment.
This business is subject to the limitations of the City’s
Noise Ordinance (SMMC 4.12.110), which limits the decibel level in an
industrial zone, on a 24-hour basis, to 70 decibels within any 15-minute
interval. Residents of the proposed
project have the ability to contact the Santa Monica Police Department if
violations of the Noise Ordinance occur. Moreover, air quality violations relative to
fumes emanating from the tow trucks can be reported to the South Coast Air
Quality Management District (SCAQMD). Staff
has incorporated a Condition of Approval (Condition #26) which requires the
developer to install dual-paned windows on the north side of the building in
order to address the potential adverse noise impacts from the adjacent
automobile tow-yard.
The business owner also expressed concern over the loss
of parking spaces that are being leased at the subject property. A property records search revealed that there
are no specific entitlements from the City which require the subject property
to provide parking for this towing business; therefore the subject site may be
re-developed to another use.
Consistency with
the General Plan
The project is consistent with the Municipal
Code and Goals, Objectives, and
Policies of the Land Use Element of the General Plan, in that it has
been designed to meet the requirement of the M1 District, which allows artist
live-work studio development and requires a maximum height of 45 feet and three
stories for buildings with approval of a Development Review Permit in order to
encourage development of artist studio housing in the City. The proposed development of 16 artist
live-work studios is consistent with Land Use Element Policy 1.9.1 for projects
in the Industrial Conservation District, which states: “Retain existing
industrial, manufacturing and arts studio uses in the Olympic Corridor between
Downtown and the Special Office District. Allow intensities of 1.5 FAR,
3-stories and 45’ by site review for artist studios only.” The project is also consistent with the goal
of “expand(ing) the opportunity
for residential land use while protecting the scale and character of existing
neighborhoods” (Land Use Objective 1.10) by “allow(ing) live/work studios for
artists in the Industrial Conservation District.”(Land Use Policy 1.10.3). Moreover, the Housing Element of the
General Plan encourages incentives for the development of housing in
non-residential zones (Policy 1.2 of Goal 1.0).
In
addition to the recommended action, the Planning Commission could consider the
following with respect to the project:
A1.
Decline to adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program.
A2.
Continue the project for specific reasons, consistent with
applicable deadlines and with agreement from the applicant.
A3.
Articulate revised findings and/or conditions to
Approve OR Deny, with or without prejudice, the subject application.
Conclusion
The
proposed 16-unit artist live-work studio condominiums project is a compatible
development for the subject property along Twelfth Street between Olympic Boulevard
and Colorado Avenue
because it includes uses that are anticipated and encouraged in the M1 Zoning District. The proposed mass, scale and height of the
structure is similar in design to, and generally compatible with the
surrounding industrial neighborhood. The
building, as designed, complies with Municipal Code requirements and project
design and development standards for the M1 zoning district. Environmental review of the project concluded
that the project’s impacts are less than significant, except for impacts during
construction, which are reduced to less than significant levels through
incorporation of mitigation measures. Finally, the project continues the transition
of this industrial area with the proposed artist lofts.
Prepared by: Ava M. Pecherzewski, Associate
Planner
Paul
Foley, Principal Planner
Attachments
A.
General
Plan and Municipal Code Compliance Worksheet
B.
Draft
Statement of Official Action (includes recommended findings and/or conditions
to act upon the project)
C.
Public
Notification & Comment Material (includes notification requirements, radius
map, published notice, site posting photographs, and correspondence)
D.
Resolution
to Adopt Mitigated Negative Declaration and Mitigation Monitoring Program
E.
Project
Plans and Photographs (includes aerial, neighborhood and site photographs
and/or renderings)
F. Final Initial Study /Mitigated Negative
Declaration
ATTACHMENT B
DRAFT STATEMENT OF OFFICIAL
ACTION
 City of Santa Monica
City Planning Division
DRAFT
PLANNING COMMISSION
STATEMENT OF OFFICIAL
ACTION
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PROJECT INFORAMTION
CASE NUMBER: 05DR-008; 05DCP-003;
05TM-017; 05IS-004
LOCATION: 1652 Twelfth Street
APPLICANT: Plus
Architects
Property Owner: 1639
11th Street Associates, c/o Fred Plotke
CASE PLANNER: Ava M. Pecherzewski, Associate Planner
REQUEST: To allow the construction of a 22,446 square-foot, three
story plus loft, 45-foot high condominium building containing 16 artists
live-work units and 60 parking spaces within two levels of subterranean
garage.
CEQA STATUS: Pursuant to State California Environmental
Quality Act (CEQA) Guidelines Section 15063, an Initial Study was conducted
and a Draft Mitigated Negative Declaration was prepared for this project to
provide sufficient analysis to insure compliance with CEQA. The Draft Mitigated Negative Declaration (Attachment G) was circulated for a 30-day public
review period from April 10 to May 10, 2006 and no comments were received. The Initial Study/Mitigated
Negative Declaration concluded that the project would have no impact or a less
than significant impact in each of the following areas: Geology and Soils,
Shadows, Public Services, Cumulative Impacts, Hydrology and Water Quality,
Biological Resources, Air Quality, Population and Housing, Land Use and
Planning, Transportation/Traffic, Utilities and Service System, Economic and
Social Impacts, Recreation, Agricultural Resources, Energy & Mineral
Resources, Hazards and Hazardous Materials.
In
four categories, Aesthetics, Construction Effects, Cultural Resources and
Noise, impacts during the construction period were identified that are
potentially significant and require mitigation measures. These measures are included in the proposed
conditions of approval and are contained in the Mitigation Monitoring Plan
attached to the Resolution adopting the Mitigated Negative Declaration.
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PLANNING COMMISSION ACTION
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June 21, 2006
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Determination Date
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X
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Approved based on the following findings and subject to the conditions
below.
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Denied.
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Other:
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED:
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July 6, 2006 for 05DR008
and 05DCP003
July 1, 2006 for 05TM017
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EXPIRATION
DATE OF ANY PERMITS GRANTED:
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July 6, 2008 for 05DR008
and 05DCP003
July 1, 2008 for 05TM017
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LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*:
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12 months for 05DR008
and 05DCP003
Maximum three (3)
years with Planning Commission approval for Tentative Map
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* 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
project will be similar in height to an existing artist studio building across
the street, yet distinguishable within the M1 District given the building’s
articulation, use of upper story balconies, fenestration, and façade
embellishments. The variety in materials and shapes break up the geometry of
the building into smaller pieces which serve to break up the mass and scale. The provision of a central open courtyard and
upper-level stepbacks, open space, and pedestrian-oriented design features such
as ground-floor windows and pedestrian street access, upper-story balconies and
decks and landscaping between the front façade and the street will ensure
adequate light, air, and privacy for the residents. These design considerations and materials
create an overall impression of the structure that is in character with the
light industrial neighborhood, even though it will function, in part, as a
residential use. Moreover, special conditions have been added to address
transitions between the proposed residential development and the adjacent
automobile tow yard use which has been in operation and served this
neighborhood for several years.
2. The rights-of-way can accommodate autos
and pedestrians, including parking and access, in that the garage is accessed
from Eleventh Court
alley, which is accessible from westbound Olympic Boulevard, a wide commercial
street and, as conditioned, will meet all applicable parking and circulation
requirements. Furthermore, sidewalks along both Twelfth Street and Olympic Boulevard are
adequate for pedestrian access to the project. The development complies
with the minimum number of required parking spaces and provides additional
non-required parking to serve the project’s residents and visitors.
3. The health and safety services (police,
fire, etc.) and public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that that the proposed development
is located within an urbanized area that is already adequately served by
existing City infrastructure. As determined in the Initial Study/Mitigated
Negative Declaration, 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 there are no requirements
in that Code section that are applicable to this project.
5. The project is generally consistent
with the Municipal Code and General Plan, in that it has been designed to meet
the requirement of the M1 District, which allows artist live-work studio
development and requires a maximum height of 45 feet and three stories for
buildings with approval of a Development Review Permit in order to encourage
development of artist studio housing in the City. The Housing Element of the General Plan encourages
incentives for the development of housing in non-residential zones (Policy 1.2
of Goal 1.0). Moreover, the proposed provision of 16 artist
live-work studios is consistent with Land Use Element Policy 1.9.1 for projects
in the Industrial Conservation District, which states: “Retain existing
industrial, manufacturing and arts studio uses in the Olympic Corridor between
Downtown and the Special Office District. Allow intensities of 1.5 FAR,
3-stories and 45’ by site review for artist studios only.”
6. Reasonable mitigation measures have
been included for all adverse impacts identified in the Initial Study and
Mitigated Negative Declaration, in that the Initial Study for the project found
that the project would have potentially significant adverse impacts only in the
construction phase, and mitigation measures that were identified to reduce
impacts to a level that is considered less than significant have been
incorporated into the project’s conditions of approval.
TENTATIVE PACEL / 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.
8.
The
proposed subdivision is consistent with any ordinance or law of the City of Santa Monica.
Specifically, the project has demonstrated compliance with applicable unit
density and height limitations set forth in the underlying land use
designation. Moreover, as conditioned, the project must comply with all
applicable provisions of the Zoning Ordinance, which will be comprehensively
evaluated during the City’s plan check review process, prior to issuance of a
building permit.
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 project will be similar in
height to an existing artist studio building across the street, yet be
distinguishable within the M1 District given the building’s articulation, use
of upper story balconies, fenestration, and façade embellishments. The variety
in materials and shapes break up the geometry of the building into smaller
pieces which serve to break up the mass and scale. The provision of a central open courtyard and
upper-level stepbacks, open space, and pedestrian-oriented design features such
as ground-floor windows and pedestrian street access, upper-story balconies and
decks and landscaping between the front façade and the street will ensure
adequate light, air, and privacy for the residents. These design considerations and materials
create an overall impression of the structure that is in character with the
light industrial neighborhood, even though it will function, in part, as a
residential use.
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 provision of a
central open courtyard and upper-level stepbacks, open space, and pedestrian-oriented
design features such as ground-floor windows and pedestrian street access,
upper-story balconies and decks and landscaping between the front façade and
the street will ensure adequate light, air, and privacy for the residents. Analysis
of potential shadows from the building found that they would not significantly
impact the adjacent commercial uses due to the project’s adjacency to
undeveloped, paved parking lots on each side. Moreover, special conditions have been added
to address transitions between the proposed residential development and the
adjacent automobile repair land use which has been in operation and served this
neighborhood for several years.
3. The rights-of-way can accommodate autos
and pedestrians, including adequate parking and access, in that that the garage
is accessed from Eleventh Court alley, which is accessible from Olympic
Boulevard, a wide commercial street and will meet all requirements of the
Transportation Management Division.
Furthermore, sidewalks along both Twelfth Street and Olympic Boulevard are
adequate for pedestrian access to the project. The development complies
with the minimum number of required parking spaces and provides additional
non-required parking to serve the project’s residents and visitors.
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. As determined in the Initial Study/Mitigated Negative
Declaration, no new safety services or public infrastructure will be required
by this project.
5. Reasonable mitigation measures have been
included for all adverse impacts identified in an Initial Study in that the
Initial Study for the project found that the project would have potentially
significant adverse impacts only in the construction phase, and mitigation
measures that were identified to reduce impacts to a level that is considered
less than significant have been incorporated into the project’s conditions of
approval.
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
Special Project Conditions
1. 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 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).
The CC&R’s shall also contain a clause which limits the use and occupancy
of the dwellings to artist live-work spaces.
2. Prior
to issuance of a building permit, the applicant shall submit, for City
review and approval, a deed restriction or other legal instrument setting forth
the artist live-work use requirements for the project. Such restrictions shall be effective for the
life of the project.
3. A
minimum of 50 percent of the floor area of each individual artist studio unit
shall be utilized for work space.
Administrative
4. 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. 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 twelve-month extension may
be permitted for the Design Compatibility Permit and Development Review Permit
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. The
Tentative Map may be extended for a period of three years with Planning
Commission approval.
5. 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 Planning Division, agreeing to the conditions of approval and acknowledging
that failure to comply with such conditions shall constitute grounds for
potential revocation of the permit approval.
By signing same, applicant shall not thereby waive any legal rights
applicant may possess regarding said conditions. The signed Statement shall be returned to the
Planning Division. Failure to comply
with this condition shall constitute grounds for potential permit revocation.
6. 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 Santa Monica for
approval. No building permit for the
project will be granted until such time as the final map is approved by the
Santa Monica City Council.
7. 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.
8. 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
9. This approval is for those plans dated June 08, 2005, 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.
10. 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.
11. The plans shall comply with all other
provisions of Article IX of the Municipal Code, (Zoning Ordinance) and all
other pertinent ordinances and General Plan policies of the City of Santa Monica.
Fees
12. 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 units
on the subject lot, per and subject to the provisions of Section 6.80.010 et
seq. of the Santa Monica Municipal Code.
13. 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 16-unit
development to provide at least two very low income affordable units or three
low income affordable units or 16 moderate income affordable units on-site
(SMMC Section 9.56.050), provide the affordable units off-site (SMMC Section
9.56.060), pay an affordable housing fee (SMMC Section 9.56.070), or acquire
land for affordable housing (SMMC Section 9.56.080).
The developer has elected to satisfy the City’s
Affordable Housing Production requirement through payment of the applicable
affordable housing fee which 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.
The fee must be paid in full prior to the City granting any approval for
the occupancy of the project.
14. 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
15. 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.
Cultural Resources
16. 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.
Final Design
17. Plans for final design, landscaping,
screening, trash enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
18. 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. Also, the
Architectural Review Board should give careful consideration of the building’s
entry area.
19. All materials used for exterior building
surfaces shall be of low reflectivity finish. Paint used for exterior facades
shall be of low reflectivity. Metal
surfaces shall be brush-polished and not highly reflective.
20. 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.
21. 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.
22. 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.
23. 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.
24. As appropriate, the Architectural Review
Board shall require the use of anti-graffiti materials on surfaces likely to
attract graffiti.
Construction Plan Requirements
25. 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.
26. The
units on the north side of the building, on all levels, shall use dual-paned
windows to reduce noise impacts associated with the adjacent towing yard
use.
Construction Period
27. 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.
28. Vehicle
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 Santa Monica with written
certification that all trucks leaving the site are covered in accordance with
this condition of approval.
29. 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.
30. 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.
31. 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.
32. All diesel equipment shall be operated
with closed engine doors and shall be equipped with factory-recommended
mufflers.
33. Electrical power shall be used to run air compressors and
similar power tools.
34. Excavation,
foundation-laying, and conditioning activities (the noisiest phase of
construction) shall be restricted to between the hours of 10:00 a.m. and 3:00
p.m., Monday through Friday, in accordance with Section 4.12.110(d) of the
Santa Monica Municipal Code as it would apply to residential zones.
35. For
all noise-generating construction activity on the project site, additional
noise attenuation techniques shall be employed to reduce noise levels to City
of Santa Monica
noise standards. Such techniques may include, but are not limited to, the use
of sound blankets on noise generating equipment and the construction of
temporary sound barriers between construction sites and nearby sensitive
receptors.
Standard Conditions
36. 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. Lofts or mezzanines located in studio units shall
not exceed 99 square feet unless parking in compliance with Zoning Ordinance
requirements is provided.
37. Mechanical equipment shall not be located
on the side of any building which is adjacent to a residential building on the
adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a sound-rated parapet
enclosure.
38. 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.
39. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
40. Prior to issuance of a building permit, a copy of the recorded map shall be
provided to the City Planning Division.
41. Prior
to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums, including the provisions of
Ordinance No. 2131 (CCS).
42. Construction period signage shall be
subject to the approval of the Architectural Review Board.
43. The property owner shall insure any
graffiti on the site is promptly removed through compliance with the City’s
graffiti removal program.
44. 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.
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
Drainage
45. 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.
Streets
46. 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.
47. 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.
48. 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
49. 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.
50. 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
51. 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.
52. 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
53. 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;
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
54. 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.
55. 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.
56. 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.
57. 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
58. 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). No
street trees shall be removed without the approval
of the Open Space Management Division.
FIRE
- 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:
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal
under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time
within which judicial review of this decision must be sought is governed by
Code of Civil Procedure Section 1094.6, which provision has been adopted by the
City pursuant to Municipal Code Section 1.16.010.
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Jay P. Johnson, Chairperson Date
Gwynne Pugh, Vice Chairperson
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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