Planning Commission Mtg: 7/17/96 Santa Monica, CA TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 95-015 and Vesting Tentative Tract Map 52024 and Adoption of Mitigated Negative Declaration Address: 1217 Yale Street Applicants: Probity International INTRODUCTION Action: Application for Conditional Use Permit 95-015, Vesting Tentative Tract Map 52024 to allow the construction of an eleven unit condominium project. The proposal does not meet all applicable development standards in that the amount of landscaping in the required yards and the building stepbacks do not meet the required minimum amounts. Recommendation: Approval with conditions. Permit Streamlining Expiration Date: January 17, 1997 Subdivision Action Deadline: September 5, 1996 SITE LOCATION AND DESCRIPTION The subject property is a 17,037 sq. ft. parcel located on the east side of Yale Street between Arizona Avenue and Wilshire Avenue having a frontage of 100.17 feet. Surrounding uses consist of a parking lot and a commercial building in the C-6 District to the north, a one story apartment building and a two story multifamily building in the R2 District to the east, a one story multi-family structure in the R2 District to the south, and a two story multi-family structure under construction across Yale Street to the west. The site is currently vacant. Zoning District: R2 Low Density Multiple Family Residential District Land Use District: Low Density Housing Parcel Area: 100.17 x 170.08 = 17,037 square feet PROJECT DESCRIPTION Proposed is the construction of a 2 story, 30 ft. tall, 11 unit condominium building with a 24 space subterranean parking garage accessed from Yale Street. The townhouse floor plan features the living room, kitchen and half baths on the ground floor, two or three bedrooms with 2 full baths on the second floor, and a mezzanine above. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is not consistent with the Municipal Code nor in conformity with the General Plan as shown in Attachment A in that the amount of landscaping in the required yards and the building stepbacks do not meet the minimum amounts required by Code and require a stepback modification to be approved by the Architectural Review Board. Conditions have been included to address these inconsistencies. CEQA STATUS In accordance with CEQA an Initial Study was prepared for this project to determine the most appropriate environmental documentation necessary to satisfy CEQA. A Mitigated Negative Declaration is proposed. Approval of the project requires adoption of the Negative Declaration. A resolution certifying the document is included as Attachment H for Commission adoption. FEES The project is subject to a Parks and Recreation Facilities Tax of $200 per unit ($2,200) and a Condominium Facilities Tax of $1,000 per saleable unit ($11,000) for a total tax of $13,200. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the Planning and Zoning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C. The applicant has contacted the Mid-City Neighbors and this project was presented and discussed at two of their meetings. The applicant indicates that the residents and owners of the properties adjacent to the subject project were included in at least one of these meetings and that no opposition was voiced. ANALYSIS Project Design The proposed townhome units contain between 1,445 and 2,160 square feet per unit, with one smaller unit containing 1,244 square feet. The first floor of the residential units are grouped into two separate buildings, separated by a gated courtyard. The structures are joined by architectural features on the second floor for the appearance of a single structure. The building is two stories and has a maximum height of 30 ft. above Average Natural Grade. Each unit contains over 200 sq. ft. of private open space consisting of ground floor patios, upper level balconies, and roof decks. The central courtyard provides common openspace and contains a fountain and landscaping. Parking and Circulation Vehicular access is via Yale Street since there is no alley. Each unit has two garage parking spaces which are enclosed by separate garage doors within the subterranean garage; two guest parking spaces are also provided within the garage as required. Parking and Traffic has approved the size and configuration of the parking stalls. Pedestrian access to the subterranean parking garage is through the individual units and via stairs at the rear of the property. Inclusionary Housing The project is subject to the City's Inclusionary Housing Program which requires an eleven-unit development to provide 3.3 inclusionary units. The Ordinance allows for the payment of an in-lieu fee for the units as described in Section 9.28.050, because the site involves the construction of less than twenty units and the developed use on February 18, 1992 was vacant land. The developer, in this case, has elected to satisfy the inclusionary requirements through the provision of one on-site moderate income unit and payment of the in-lieu fee for the remainder. This project's affordable housing obligation fee is currently $124,825.60 (54,272 x [(11 units x .3)- 1]); this fee will be adjusted for inflation when paid. Neighborhood Compatibility and Code Compliance The project is located in an R2 (Low Density Multiple Family Residential District) District between Arizona Avenue and Wilshire Boulevard. The applicant is developing the project on two adjacent lots. Although the project provides a total amount of landscaping in excess of the minimum amount required by Code, the amount of landscaping in the front and side yards does not meet Code. A condition has been added to address this. Additionally, the development provides a central courtyard in lieu of the required second level stepback from the front and side property lines. The required stepbacks at the perimeter of projects in the R2 District are intended to reduce the mass of the building and to lessen the impact of the project on the neighboring properties as well as providing light and air to project residents. The proposed project has approximately 118 square feet stepped back on the upper level of the front elevation in lieu of the required 139.4 square feet, and approximately 225 square feet on the north side elevation and approximately 250 square feet on the south elevation in lieu of the 405 square feet required on the upper level of each side elevation. A condition has been added to require that the stepback provisions be met. The Architectural Review Board may approve a modification to the upper level stepback requirement if it finds that the project will not detrimental to the property, surrounding properties or general area and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard. The applicant has presented the interior courtyard as an alternative stepback of the building area, and includes the 1,099 square footage of the courtyard in their submitted stepback calculations (Attachment F, Sheet A2.3A). Staff feels that while the courtyard is a valuable feature for the project, the stepbacks at the front and exterior sides of the project would be most visible from the street and from adjacent properties and is the intent of the Code. This design will ensure that the project is compatible with the neighborhood. Environmental Review After preparation of a Draft Initial Study (IS), the City's Environmental Review Committee determined that a mitigated negative declaration would be prepared for this project. (Attachment B). On June 3, 1996, and June 11, 1996, the Notice of Availability for the Draft Initial Study and Proposed Negative Declaration was published in the newspaper. The 30-day comment period for the Draft IS and Proposed Negative Declaration expired on July 8, 1996, by which time no comment letters were received. The Initial Study identified mitigation measures to be implemented that would reduce the potential adverse impacts to be less than significant. These mitigation measures are included as conditions of approval for the project. These conditions include minor corrections made to the mitigation measures, such as correcting City Department names. RECOMMENDATION As conditioned, the proposed condominium complies with all applicable provisions of the Zoning Ordinance and the General Plan. The proposed design and use is compatible with the existing development in the general area. It is recommended that the Planning Commission approve the project with the following findings and conditions. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that the project conforms to the provisions of the R2 Low Density Multiple Family Residential District Development Standards of the Zoning Ordinance and the Low Density Housing Multi-family Residential Section of the Land Use Element of the General Plan. 2. The site is physically suitable for the proposed type of development, in that it is a standard lot with no unusual characteristics. 3. The site is physically suitable for the proposed density of development, in that a 17,037 square foot lot in the R2 District can accommodate up to 11 units. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is an infill of urban land and does not currently support fish or significant wildlife. 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that the proposed development complies with the provisions of the Zoning Ordinance and the General Plan. 6. 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 no such easements exist on the subject site and the property has vehicular and pedestrian access from Yale Street. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed condominium complies with the R2 District Development Standards of the Zoning Ordinance and the Low Density Housing Multi-family Residential Section of the Land Use Element of the General Plan. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that it is an infill located in an existing multi family residential area and is compatible in scale, density, and use to surrounding properties. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the property is currently developed for residential purposes and has all necessary public improvements and access to utilities. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the site is currently vacant and the proposed use is residential. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that it is similar in both scale and use to surrounding buildings and the development complies with the Code requirements. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an infill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that all setbacks, lot coverage and height requirements for the R2 District have been met and the building design is of a scale compatible with the surrounding neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is defined as a multi-family residential area in the Land Use Element of the General Plan. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project is an appropriate and compatible use in the R2 District and complies with the provisions of the Zoning Ordinance and the General Plan. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the condominium development does not contain any of the special features described in the aforementioned Subchapters and, therefore, the Performance Standards and Special Conditions relating to those features do not apply to the development. 12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the area is defined as a multi-family residential district, and the project complies with the unit per acre density limitations set in the Land Use Element of the General Plan. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 8\22\95, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 8. In addition to other landscaping requirements, the Architectural Review Board, in its review, shall ensure that at least 50% of the required front and side yard setback shall be adequately landscaped. 9. Plans for final design, landscaping, screening, and trash enclosures shall be subject to review and approval by the Architectural Review Board. 10. 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. 11. Construction period signage shall be subject to the approval of the Architectural Review Board. 12. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 13. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particu- lar 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. 14. 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. Fees 15. 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. Construction 16. 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. 17. 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. 18. 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. 19. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Community and Cultural Services Division and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Division. 20. 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. 21. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 22. 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. 23. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 24. 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.) 25. Parking areas and structures 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. Miscellaneous CUP Conditions 26. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 27. 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. 28. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. 29. 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. 30. 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. 31. 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 soundrated parapet enclosure. 32. 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. 33. 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. Validity of Permits 34. 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. 35. Within ten days of Planning and Zoning 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. 36. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the project prior to the expiration date. This approval shall also expire if the building permit expires, or the rights granted under this approval are not exercised within one year of the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no Certificate of Occupancy is required, the last required final inspection for new construction. A one year extension of the two year period may be permitted if approved by the Director of Planning. Applicant is on notice that extensions may not be granted if development standards relevant to the project have changed since project approval. 37. 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 Conditional Use Permit. Special Condition 38. Prior to Architectural Review Board submittal the applicant shall revise the project plans to provide second story stepbacks which comply with SMMC Section 9.04.08.06.060(j). Inclusionary Unit Condition 39. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that three point three (3.3) affordable units are provided and maintained over time and through subsequent sales of the property. An inclusionary requirement of thirty percent, excluding any density bonus units, under State Government Code Section 65915, shall apply to the project of which 1 unit shall be affordable to households not exceeding sixty percent of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unit(s) available to eligible tenants and 2) responsibilities of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning and Zoning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with Santa Monica Municipal Code Chapter 9.28, which provides implementation standards for this program. Section 9.28.050 establishes criteria which determines under which circumstances an in-lieu fee may be paid to satisfy part or all of a project's inclusionary housing obligation. The developer of this project may select the in-lieu fee payment option to satisfy this project's requirement for low income inclusionary units and for any fraction of a unit required. Required moderate income in- clusionary units must be provided on site. Fifty percent of the in-lieu fee shall be paid prior to issuance of a building permit and the remaining fifty percent shall be secured by an irrevocable letter of credit in favor of the City prior to issuance of a building permit. Fees must be paid in full prior to issuance of a certificate of occupancy. TENTATIVE PARCEL MAP CONDITIONS 1. 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. 2. 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. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Government Code Section 66452.6 and Sections 9.04.16.030(e) 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. 4. 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. 5. Prior to approval of the final map, Condominium Association By-Laws (if applicable) 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 Section 9.20.20.020 (SMMC) and in the case of condominiums, contain such provisions as are required by Section 9.04.16.030(e)(SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provisions of Section 6.76.010 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090 (SMMC) 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. 8. 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. 9. A copy of the recorded map shall be provided to the Planning and Zoning Division before issuance of a Building permit. 10. Pursuant to Section 9.20.14.070 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. Mitigation Measures 1. The project applicant shall comply with the recommendations identified in the April, 1995 Geotechnical Investigation, prepared by Applied Earth Sciences. 2. All grading, landform modifications and construction shall be in conformance with state-of-the-practice design and construction parameters. Typical standard minimum guidelines regarding regulations to control excavations, grading, earthwork construction, and provisions for the approval of plans and inspection of grading construction are set forth in Chapter 70 of the latest version of the Uniform Building Code. Compliance with these standards shall be evident on project grading and structural plans. This measure shall be monitored by the City Building and Safety Division through periodic site inspections. 3. Precise grading plans shall include an Erosion, Siltation, and Dust Control Plan to be approved by the City Engineer. The Plan shall include provisions for mitigation measures such as temporary irrigation, sandbagging and a compaction program. The Plan shall ensure that discharge of surface runoff from the site during construction activities shall not result in increased erosion or siltation discharge to existing drainage facilities. 4. The following erosion control measures shall be implemented in order to limit wind and water erosion: a) Minimize the length of time that soils lie exposed. b) Regularly water cleared and grubbed areas, in compliance with City requirements and South Coast Air Quality Management District Rule 403, as revised. c) Establish desirable vehicle speeds within the construction area. d) The project applicant and the contractor shall meet the erosion control provisions in construction documents to prevent wind and water erosion (subject to the review and periodic site inspections by City Staff). 5. Construction of the project shall comply with SCAQMD Rule 403, as revised. The applicant shall obtain approval of a dust control plan from the Building and Safety Division prior to issuance of grading permits. Dust reducing measures shall include regular watering of graded surfaces, restriction of all construction vehicles and equipment to travel along established and regularly watered roadways, covering open truck loads of dirt by a tarpaulin or other secure covering and suspending operations that create dust during windy conditions (winds greater than 25 MPH). 6. The applicant shall comply with the Subdivision Map Act, Building Energy Efficient Standards and State and local laws for energy conservation. Compliance shall be determined by the Building and Safety Division during building plan review. 7. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the City of Santa Monica Building and Safety Division that the subterranean parking garage would provide acceptable air quality conditions within and adjacent to the structure. If determined necessary by the City, additional design/circulation features may be required to further improve parking garage air quality, including restricted parking areas and/or a parking management plan, and an improved ventilation system. 8. Construction activities shall be limited to the hours stipulated in the City Noise Ordinance. No construction activity shall be allowed on Sundays or federal holidays. In addition, construction equipment should be fitted with appropriate muffling devices. Compliance with this measure is subject to periodic inspections by City staff. 9. The project shall comply with the City's Noise Element standards to ensure that increasing noise levels resulting from the increase in traffic would be properly mitigated to less than significant levels. Strict enforcement of noise insulation standards would help prevent residents from being impacted by noise. 10. Security lighting shall be directed inward and shielded from adjacent uses at the periphery of the site. 11. The structure's glass surfaces shall comply with the City of Santa Monica Zoning Ordinance's Section 9040.7 which restricts the amount of reflective materials. The project design shall utilize non-reflective glass to reduce glare. 12. Light from entryways, balconies, etc., shall be directed toward the structure rather than away from the structure. In order to offer proper lighting around the building, lights shall be shielded from adjacent uses providing that security and safety will not be compromised. Consistent with legitimate safety concerns, all exterior lighting shall be unobstructed and constructed or located so that only the intended area is illuminated, long-range visibility is reduced, and off-site glare is minimized. When practical, low voltage and/or color balanced fluorescent fixtures shall be used to minimize light spill onto adjacent properties with low level lights, such as step lights, bollards and hooded lamps. 13. Short-term mitigation to roadway use shall be mitigated prior to commencement of construction activities. This shall consist of prior notices, adequate sign-posting, detours and use of flagmen. Proper detours and warning signs shall be established to ensure public safety and construction activities shall proceed in a timely manner to reduce impacts. 14. Water system design and all public water mains, meters, and appurtenances shall be installed and constructed in compliance with the applicable standards, specifications, policies, and regulations of the City of Santa Monica and construction phasing plan shall be approved, prior to project final/or occupancy permits. 15. All water mains shall be sized to convey peak hour demands or maximum day demands with fire flows, prior to occupancy permits. All public streets and easements shall be capable of containing and conveying the design fire flow capacity, as determined by the City Fire Department. 16. Prior to the issuance of building permits, the project applicant shall demonstrate use of low water use fixtures, plumbing fixtures and appliances, to the satisfaction of the City Building and Safety Division. These devices may include the following: Interior: Supply line pressure: Reduce water pressure greater than 50 psi to 50 psi or less by means of a pressure-reducing valve. Drinking fountains: Equip drinking fountains with self-closing valves. Ultra-low flush toilets: Install 1.6 gallon per flush toilets in all new construction. Exterior: Landscape with low water-consuming plants wherever feasible. Minimize use of lawn by limiting it to lawn-dependant uses. Group plants of similar water use to reduce over irrigation of low-water-using plants. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. Preserve and protect existing trees and shrubs. Established plants are often adapted to low-water-using conditions and their use saves water needed to establish replacement vegetation. Install efficient irrigation systems which minimize runoff and evaporation and maximize the water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods to consider in increasing irrigation efficiency and may be feasible for the project. Use pervious paving material whenever feasible to reduce surface water runoff. 17. Prior to issuance of occupancy permits, the project applicant shall provide the City with evidence of compliance with the City of Santa Monica Comprehensive Waste Reduction and Recycling Plan set forth in accordance with the California Integrated Waste Management Act of 1989 (AB 939) which requires jurisdictions to divert 25 percent of solid waste from landfills by the year 1995 and 50 percent by the year 2000, and mandates recycling programs for each jurisdiction in California. 18. Prior to the issuance of any building permits, a site plan delineating the capacity, number, and location of all proposed solid waste and recyclable collection areas shall be submitted and approved by the City of Santa Monica. Further, each location shall be verified by the City of Santa Monica Environmental and Public Works Management Department, prior to the issuance of any certificates of use and occupancy. 19. The proposed project shall follow the current practice of the City of Santa Monica for curbside collection and recycling programs in the residential areas of the City, including mixed wasted processing and recovery in both residential and commercial areas, as specified by the Source Reduction and Recycling Element (SRRE) for the City of Santa Monica. 20. The applicant shall utilize special landscape treatments to minimize the amount of yard trimmings and waste from the proposed project area, to the satisfaction of the City Environmental and Public Works Management Department, as part of building permit review and approval. 21. The project applicant shall comply with all applicable codes and ordinances regarding construction, access, water mains, fire flows, and fire hydrants. The applicant shall provide adequate final fire flow, as determined by the City Fire Department, based on building size, relationship to other structures and property lines, and the type of construction proposed. 22. Prior to the recordation of a final parcel map (except for a conveyance map), if required by the Fire Department, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Fire Chief. 23. The project applicant shall pay the appropriate school impact fee, as required by the Santa Monica-Malibu School District. 24. The project applicant shall pay the appropriate parks and recreational facilities tax as assessed by the City of Santa Monica. 25. 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. 26. Prior to the commencement of construction activities, the project applicant shall prepare for the approval of the Building Division, a rodent and pest control plan to ensure that construction activities at the site do not create pest control impacts on the project neighborhood. 27. Sidewalks, curbs, gutters, alleys, 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 building permit issuance. 28. If archaeological resources are encountered during project excavations, construction activities shall temporarily cease until the applicant has contracted with the project's City-certified archaeologist to perform a subsurface test-level investigation and surface collection, as appropriate. The test-level report evaluating the site shall include discussion of significance (depth, nature, condition and extent of the resources), final mitigation recommendations and cost estimates. Final mitigation shall be carried out based upon the test-level report recommendations and a determination as to the site's disposition by the City Planner. Possible determinations include, but are not limited to, preservations, salvage, partial salvage or no mitigation necessary. 29. If it is determined that the encountered resources are significant, the project's City-certified archaeologist shall be contracted, by the project developer, to record the site and develop and implement a mitigation recovery plan to mitigate project impacts to the resources. Recovered resources must be curated and documented in accordance with City and professional archaeological practices, guidelines and standards. A final report of the recovery (salvage) operation shall be submitted and approved by the City Planner, prior to resumption of any grading within the mitigated archaeological site. 30. If additional archaeological resources are discovered, the archaeologist shall determine appropriate actions, in cooperation with the project developer, for exploration and/or salvage. 31. Prior to issuance of building permit, landscaping and irrigation plans shall be submitted to the City's Architectural Review Board for review and approval in a manner prescribed by the Zoning Administrator. 32. The Architectural Review Board shall review and approve the project's landscape plans, prior to building permit issuance. Landscaping plans shall comply with Part 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 Zoning Ordinance. 33. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Environmental and Public Works Management Department. No street tree shall be removed without the approval of the CCS, Parks and Sports Division. 34. Prior to issuance of building permits, project site plans shall be submitted and subject to architectural review by the City of Santa Monica Architectural Review Board. 35. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-05.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review board in its review shall pay particular attention to the screening of such areas and equipment. Any roof-top 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. Prepared by: Laura Beck, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Preliminary Final Initial Study and Proposed Negative Declaration C. Notice of Public Hearing D. Radius and Location Map E. Photographs of Site and Surrounding Properties F. Plot Plan, Floor Plans and Elevations G. Vesting Tentative Tract Map 52024 H. Resolution Certifying the Mitigated Negative Declaration ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Permitted Use Dwelling Units Height of Building Number of Stories Height of Walls Setbacks Frontyard Sideyard Rearyard Stepbacks Projections Into Yards Building Height Projections Lot Coverage Parking Access Parking Space Number Trash Area Mechanical Equip. Screening Location of Mechanical Equipment Frontyard Landscaping Unexcavated Frontyard Sideyard Landscaping Unexcavated Sideyard Private Open Space Inclusionary Units/ Fees Land Use Element Low Density Housing - - - - - - - - - N/A N/A N/A N/A N/A N/A N/A Alley access is encouraged when alley exists. N/A N/A N/A N/A N/A N/A N/A N/A N/A Housing Element requires provision of inclusionary units. Municipal Code Mulit-family Dwelling Units 1 Dwelling Unit @ 1,500 s.f. = 11 units 30 ft. maximum 2 stories maximum 42" frontyard, 8' side and rear yards 20 feet 5'+(2 stories x100') 50= 9' 15' minimum Above 14' front elevation > 61.5 ft. must be stepped back avg.4% (6.8') = 139.4 sq. ft. Side elevation > 50% max (67.5') must be set back 4% (6 ft.) = 405 sq. ft. each side. Chimney: 18" s.y. Balconies: 30" f.y. Chimney: 5' 50% Maximum Alley access is required when alley exists, with except- ions per Section 9.04.10.08.080 2 covered parking spaces per unit plus 2 guest spaces required = 24 spaces Trash enclosure with minimum 5-8' solid walls & gate is required. Mechanical equip- ment extending more than 12" above roof parapet shall be fully screened from a horizontal plane. Not permitted on side of building if adjacent to a residential building on an adjoining lot. Minimum 50% of required frontyard shall be landscaped = 1000 sq. ft. Minimum 50% Minimum 50% of both required side- yards shall be land- scaped. A total of 675 sq. ft. is required on each sideyard. Four feet required along side property line. 50 sq. ft./unit Must provide 2.3 low income deed-restricted, afford- able unit or pay in- lieu fee of $124,825.60 (prior to CPI adjustment) plus 1 moderate income deed-restricted unit on-site. Project Multi-family Dwelling Units 11 Dwelling Units 30' to roof 2 stories Not specified. Shall comply 20 feet 9 feet both sideyards; portions of the building at 12' 15 feet Does not comply. 118.2 sq. ft. additional front setback provided. Does not comply. 225.66 sq. ft. additional step- back north; 249.5 sq. ft south Chimney: 24" into s.y. Shall comply. Balconies: 30" f.y. Chimney not shown. Shall comply. 50% No alley access from Yale Street 24 parking spaces provided in subterranean garage. Complies; 9' x 7.4' trash area within garage. Mechanical equipment to be enclosed in building envelope. Shall comply. 43% provided (875 sq. ft.). Must comply prior to ARB submittal. Complies; 61% (1,226 sq. ft.) unexcavated. 585 sq. ft. of landscaping provided south; 564 sq. ft. provided north Four feet provided along both sides. Patios, balconies & roof decks > 100 sq. ft./unit Will comply with requirements per SMMC Chapter 9.28. 1 moderate unit on-site. In-lieu fee for remainder.