Santa Monica City Council
March 8, 2022

City of Santa Monica
City Planning Division

CITY COUNCIL

STATEMENT OF OFFICIAL ACTION

PROJECT INFORMATION
CASE NUMBER: Appeal 21ENT-0254
Development Review Permit 16ENT-0048
Major Modification 18ENT-0382
Final Environmental Impact Report 17ENT-0011
LOCATION: 1242 20th Street
APPLICANT: CIM Group
PROPERTY OWNER: 1925 Arizona, (LA) LLC
CASE PLANNER: Steve Mizokami, Senior Planner
REQUEST: Development Review Permit 16ENT-0048 and Major Modification 18ENT-0382 to allow the retention and
partial rehabilitation/adaptive reuse of an existing
Tudor-style commercial building and the construction of a new Tier 1 three-story, 45-foot tall
research/development and medical clinic facility
(“Wellness Center”) consisting of approximately 76,167
square-feet and a five-level subterranean parking
garage.

CEQA STATUS: In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (SCH No.
2018011001) was prepared to determine the
environmental effects of the proposed Wellness Center.

According to the EIR, the proposed project, with
implementation of feasible mitigation measures, would
not result in significant and unavoidable impacts.

CITY COUNCIL ACTION
March 8, 2022 Determination Date
X
Approved based on the following findings and subject to the conditions below.

Denied.

Other:

EFFECTIVE DATE OF ACTIONS: March 8, 2022

EXPIRATION DATE OF ANY PERMITS
GRANTED:
(2 years pursuant to SMMC Section 9.37.090,
and as may be extended by 2 additional years
pursuant to Emergency Interim Zoning
Ordinance 2688.

March 8, 2024, as may be extended to
March 8, 2026 pursuant to Emergency
Interim Zoning Ordinance 2688.

LENGTH OF ANY POSSIBLE
EXTENSION OF EXPIRATION DATES*:
6 months
* 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 PERMIT FINDINGS
A. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards and are both compatible and relate harmoniously to surrounding sites and neighborhoods in that the new construction is designed to protect the integrity of the GKGM building and property, considered an historic resource for the purposes of CEQA. The project is developed according to Tier 1 standards, ensuring the project is appropriately sized with the existing structures on the property and within the context of the neighborhood. The new building is appropriately situated along a secondary elevation and its connection at the rear of the administration wing would provide adequate spacing around the chapel wing preserving its current siting on the property as viewed from 20th Street. Furthermore, the new building would not obstruct the primary elevations of the historic property and its charater-defining features as viewed from the street corner. The Wellness Center is setback from the resource in a respectful manner; the corner of the new building adajcent to the chapel wing of the resource is scaled back at an angle to provide adequate spacing and transition between the existing one-story chapel and new three-story building.

An expansive pedestrian-oriented open courtyard is designed in front of the entry to the new building at the angled façade. The angled façade includes integrated stepped terraces on upper floors that visually breaks the massing and minimizes the overall presence of the new building. In this manner, the new building is respectful of the architectural quality and historic setting of the property, and provides an appropriate spatial relationship with the GKGM building.

As designed, the Wellness Center would be compatible in scale and character with existing buildings in the surrounding area. Compatible with the adjacent residential district to the west, the proposed building complies with daylight plane requirements, resulting in adequate terraced upper-level building stepbacks along the rear alley that minimizes the building massing on nearby multi-unit residential properties (R2 district) across 19th Court. As proposed, the Wellness Center would be setback 25 feet from the nearest residential property lines.

B. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal transportation methods, including adequate parking and access, in that the project’s EIR concludes that the project would not result in any traffic impacts and would not conflict or physically preclude implementation of any City circulation policies, plans, or programs. Additionally, the proposed vehicular access to the subterranean garage from the rear alley is consistent with LUCE goals and policies to minimize negative impacts on pedestrians, bicyclists, and transit users by requiring parking to be accessed only from alleys, where alley access is available.

As studied in the EIR, the proposed access to the subterranean garage from 19th Court would be viable and would not present unusual circumstance that would warrant deviation from this LUCE policy.

C. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development in that the existing building and subject site is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required for this project.

D. The project is generally consistent with the Municipal Code, General Plan, and any applicable Specific Plan, in that the proposed project, with the concurrent approval of the proposed Major Modification, complies with all the land use and development standards of the Healthcare Mixed-Use District and Zoning Ordinance requirements. The proposed development is also consistent with the goals, objectives and policies in the LUCE. Consistent with Goal LU7, the project involves the development of a new research/development and medical facility that will support the continued vitality of the City’s hospitals to meet the healthcare needs of the City. Consistent with Policy LU12.2 which promotes the adaptive reuse of historic structures and where new construction shall be respectful of existing historic resources, the GKGM building would be preserved in its current condition and the administrative wing adaptively reused as part of the Wellness Center. Additionally, the design and placement of the new building is respectful of the historic GKGM building and property, will be consistent with the SOI Standards, and will not result in any impacts to the existing property. Furthermore, consistent with Goal D30, the project will be compatible in scale and character with existing buildings and the surrounding residential neighborhood in that the Wellness Center is comparable with other existing buildings in the area in terms of building height, is designed with upper-level stepbacks and recessed openings that minimize overall massing, and complies with daylight plane requirements. Consistent with transportation Policies T25.2 and T25.3 which requires that parking be accessed only from alleys, where alley access is available and to minimize the width and number of driveways at individual development projects, existing driveways along 20th Street and Arizona Avenue will be removed and parking access to the site would be provided from the rear alley (19th Court).

E. Based on environmental review, in accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the proposed project concluding that the project will not result in any significant and unavoidable impacts. All impacts were determined to be less than significant or can be mitigated below a level of significance through implementation of feasible mitigation measures, incorporated herein as conditions of approval for the project.

F. The project promotes the general welfare of the community in that the project involves the development of a new research/development and medical facility that will support the continued vitality of the City’s hospitals to meet the healthcare needs of the City and promotes the adaptive reuse and preservation of the existing GKGM property.

G. The project has no unacceptable adverse effects on public health or safety in that the project’s EIR concludes that the project, with the implementation of mitigation measures, will not result in any significant and unavoidable impacts to the neighborhood. As such, the project includes a Mitigation and Monitoring Plan that includes mitigation measures required for the project as conditions of approval.

H. The project provides Community Benefits consistent with Chapter 9.23 of the Zoning Ordinance. As a Tier 1 project, the proposed project is not subject to the community benefits outlined in this chapter of the Zoning Ordinance pursuant to SMMC Section 9.23.020 (Applicability).

MAJOR MODIFICATIONS FINDINGS
A. The requested modification is consistent with the General Plan and any applicable area or specific plan. Specifically, pursuant to Santa Monica Municipal Code (SMMC) Section 9.43.030(B)(7), for corner parcels, the parcel line separating the narrowest street frontage of the parcel from the street may be modified as the side parcel line. SMMC Section 9.04.110 Determining Parcel Frontage serves to implement the goals and policies of the General Plan related to general site development. The subject site consists of multiple parcels proposed to be developed as a single parcel. The front of the parcel is considered Arizona Avenue instead of 20th Street and the property line abutting 19th Court is defined as an interior side parcel line instead of a rear parcel line. Although the HMU district requires 15 feet of setback for either an interior side or rear parcel line when adjacent to a residential district, where a rear parcel line abuts an alley, the rear setback shall be measured from the center line of the alley, which is a common measurement procedure established for all zoning districts. For side parcel lines abutting an alley, the Code does not specify this similar methodology when determining a side setback as it does for a rear setback.

In efforts to retain and preserve the existing GKGM property in its current setting, the proposed modification allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings proposed on mid-block parcels.

Accordingly, the project is consistent with the intent of building transition requirements between commercial and residential districts as established in the Zoning Ordinance.

B. The project as modified meets the intent and purpose of the applicable zone districts. In efforts to retain and preserve the existing GKGM property in its current setting, the proposed modification allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. The modification would allow the proposed Wellness Center to be setback 15 feet from the centerline of 19th Court (20’ wide), and 5 feet from the rear property line, resulting in 25 feet of separation between the new building and the nearest residentially zoned property across the alley. The project would remain compliant with daylight plane requirements, which also establishes the daylight plane envelope from the centerline of 19th Court. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings proposed on mid-block parcels. Accordingly, the project is consistent with the intent of building transition requirements between commercial and residential districts as established in the Zoning Ordinance.

C. The approval of the requested modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or result in a change in land use or density that would be inconsistent with the requirements of this Ordinance. The subject property contains an existing Tudor-style commercial building that is partially occupied by a restaurant that will be retained and remain unaltered. The proposed project consists of the rehabilitation and adaptive reuse of the remaining unoccupied portion of the commercial building and new construction of a medical-related facility including research and development and medical clinic uses, consistent with the allowable land use and density for the underlying HMU district.

D. The approval of the requested modification is justified by environmental features, site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees in that the proposed modification would result in a rear yard setback of 15 feet as measured from the centerline of 19th Court, thereby allowing flexibility in the placement of the proposed Wellness Center closer to the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. Additionally, the project will retain and rehabilitate the existing GKGM property in its current siting at the corner of 20th Street and Arizona Avenue.

Retention of the property and limiting new construction to the north side of the GKGM building is a site constraint on the location of the buildable area on the project site. The Code provision that defines Arizona Avenue as the front parcel line resulting in an interior side setback of 15 feet as measured from the alley side property line, concurrent with preserving the GKGM property, precludes the reasonable development of the Wellness Center allowed for Tier 1 project in the district.

E. The proposed design meets the Design Objectives of the Santa Monica Design Guidelines. The proposed design will be reviewed by the Architectural Review Board to ensure that it meets the Design Objectives of the Santa Monica Design Guidelines.

F. The proposed project will not significantly affect the properties in the immediate neighborhood as a result of approval or conditional approval of the major modification or be incompatible with the neighborhood character. Based on site constraints and the limited building envelope for the new Wellness Center as a result of preserving the existing GKGM property in its current low-scale setting, defining 20th Street as the front of the parcel and establishing the alley as the rear elevation allows the placement of the new building within 5 feet of the alley to achieve the necessary building spacing adjacent to the historic GKGM building, consistent with the Secretary of the Interior’s Standards. The modification would allow the proposed Wellness Center to be setback 15 feet from the centerline of 19th Court (20’ wide), and 5 feet from the rear property line, resulting in 25 feet of separation between the new building and the nearest residentially zoned property across the alley. The project would remain compliant with daylight plane requirements, which also establishes the daylight plane envelope from the centerline of 19th Court. As proposed, the Wellness Center would be adequately setback from the adjacent residential district as required of any new buildings proposed on mid-block parcels. Furthermore, due to the retention of the GKGM property at the street corner that spans approximately 153 feet in length along 19th Court as measured from Arizona Avenue, the proposed Wellness Center will be limited in its overall building width, thereby reducing the amount of new construction along the rear alley elevation and will appear as a project developed on a mid-block parcel.

CONDITIONS OF APPROVAL
Project Specific Conditions

1. Any exterior alterations to the Tudor-style commercial building shall be performed in a manner consistent with the Secretary of the Interior’s Standards for Rehabilitation for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer (the “Standards”).

2. In its review of the overall project, the Architectural Review Board shall:
▪ Ensure that character-defining features of the historic GKGM structure as identified in the EIR’s Historic Resources Technical Report including but not limited to the prominent and highly visible location on the site, its Tudor Revival style and materials characterized by a steeply pitched hipped roof, decorative half-timbering in smooth stucco, decoratively textured smooth stucco, asymmetrical design and massing, original placement and design of multi-pane fenestration with wood sills, casings, surrounds and trim, stuccosheathed chimney, and irregular roof-lines including a crenelated parapet, shall remain generally unaltered; and
▪ Ensure that character-defining landscape features of the historic resource as identified in the EIR’s Historic Resources Technical Report including but not limited to the landscape lawn, concrete curbing, planter beds, fountain, and hardscape, shall remain generally unaltered.

3. Prior to the issuance of a building permit, deed restriction application shall be submitted, prepared and recorded with County of Los Angeles to combine and use the subject parcels as a single building site.

4. Should the City Council adopt reduced minimum parking requirements in the future that are applicable to this permit, the applicant may, at its sole discretion, choose to reduce on-site parking to comply with new parking minimums and/or use automated parking subject to review and approval by the City.

5. Physical connections between the new construction and the historic structure shall remain generally consistent with the approved plans.

6. The historic interpretive exhibit described in MM-CUL-2 shall be presented to the Landmarks Commission for a public discussion to allow the Commission and community stakeholders with knowledge of local history an opportunity to review and comment on the program.

Administrative

7. The approval of this permit shall expire if the rights granted are not exercised within two years from the permit’s effective date, which may be extended for an additional two years pursuant to Emergency Interim Zoning Ordinance 2688. Exercise of rights shall mean issuance of a building permit to commence construction.

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.

9. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

10. 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 Review Permit.

Indemnity

11. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of this Development Review Permit concerning the Applicant's proposed project, or any Claims brought against the City due to the acts or omissions in any way connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur:
(1) The City bears its own attorney's fees and costs.
(2) The City defends the action in good faith.

Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.

In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder.

The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder.

Conformance with Approved Plans

12. This approval is for those plans dated October 2, 2020 (V.9), 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.

13. Minor amendments to the overall building floor area 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.

14. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.

Fees

15. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule.

16. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.67 of the Santa Monica Municipal Code, the Parks and Recreation Development Impact Fee Program.

17. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.30 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement.

18. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.65 of the Santa Monica Municipal Code, the Child Care Linkage Program.

19. No occupancy permit shall be issued for the project until the developer complies with the requirements of Chapter 9.66 of the Santa Monica Municipal Code, the Transportation Impact Fee Program.

20. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.68, the Affordable Housing Commercial Linkage Fee Program.

21. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.53, the Transportation Demand Management Fee.

Mitigation Monitoring Program

22. 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.

23. MM-AQ-1: To reduce the potential for criteria air pollutants, specifically particulate matter (PM), as a result of construction of the project, the applicant shall:
• Prior to the start of construction activities, the project applicant, or its designee, shall ensure that all 75 horsepower or greater diesel-powered equipment are powered with California Air Resources Board (CARB)- certified Tier 4 Interim engines, except where the project applicant establishes to the satisfaction of the City of Santa Monica (City) that Tier 4 Interim equipment is not available.
• In the case where the applicant is unable to secure a piece of equipment that meets the Tier 4 Interim requirement, the applicant may upgrade another piece of equipment to compensate, such as equipping CARBcertified Tier 3 engines with the most effective Verified Diesel Emission Control Strategies available for the engine type, such as Level 3 Diesel Particulate Filters (Tier 4 engines automatically meet this requirement) or upgrading Tier 4 interim to Tier 4 Final.

24. MM-TRA-1: The applicant shall prepare, implement, and maintain a Construction Impact Mitigation Plan for review and approval prior to issuance of a building permit to address and manage traffic during construction and shall be designed to:
• Prevent traffic impacts on the surrounding street network • Ensure safety for both those constructing the proposed project and the surrounding community.
• Prevent substantial truck traffic through residential neighborhoods • Provide coordination with adjacent or nearby construction projects The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development, and Police to ensure that the Plan has been designed in accordance with this mitigation measure and meets City standards. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following:
• Ongoing Requirements throughout the Duration of Construction • A detailed Construction Impact Mitigation Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, and parking lanes. The plan shall include specific information regarding the project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Strategic and Transportation Planning Division prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00 A.M and 4:00 P.M. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit.
• Streets and equipment shall be cleaned in accordance with established Public Works Department requirements.
• Trucks shall only travel on a City-approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be onsite, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.
• Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica.

Project Coordination Elements that shall be implemented prior to Commencement of construction:
• The Applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan).
• The Applicant shall provide timely notification of construction schedules to all affected agencies (e.g., MTA, Big Blue Bus, Police Department, Fire Department, Public Works Department, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • The Applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal.

25. MM-CUL-1: Archival Recordation Documentation. Prior to any alteration of the GKGM Building or removal of its character-defining features or other building components for the implementation of the proposed project, a recordation document similar in format and content to an Historic American Buildings Survey (HABS) Level II recordation document shall be prepared by the Applicant. The work shall be completed by a qualified historic preservation professional with at least five (5) years of relevant experience who meets the requirements of the U.S.

Secretary of the Interior’s Professional Qualifications for history, architectural history, and/or historic architecture (pursuant to 36 CFR 61). The HABS- like document shall record the history of the property and its contextual relationship to the overall history of the community. Its physical condition, both historic and current, should also be described in the document through the use of site plans; original as-built drawings, as available; historical and current graphics and photographs; and written data and text. Field photos and notes may also be included as supporting exhibit material. All document components should be completed in accordance with the Secretary of the Interior’s Standards and Guidelines for Architectural and Engineering Documentation (HABS standards).

This recordation document shall include at a minimum:
• A written historic and descriptive report completed in narrative format. The report shall be stored onto an electronic medium (such as a USB drive) for safekeeping.
• A sketch floor plan for each section of the GKGM Building, including floor levels shall accompany the recordation document. A sketch plan of the entire site of the property is also required. Such illustrations shall be stored onto a labeled CD for safekeeping.
• High-resolution digital photographs in accordance with Historic American Buildings Survey (HABS) guidelines and standards shall be included in the report. Views shall include contextual views, all exterior elevations, details views of significant exterior architectural features of the property (site, grounds, Administration, Chapel), and interior views of significant historical architectural features or spaces (Chapel only). Such photographs shall be logged, tagged, and collected onto a media storage device for safe archiving and copies provided to those repositories receiving the HABS finished document. A site plan coordinated with the photo log should also be included. Such photographs shall be stored onto an electronic medium (such as a USB drive) for safekeeping.
• Available historic photographs and, as available, historic and/or current asbuilt plans or other historic illustrations of the GKGM Building shall be reproduced digitally or photographically and included in the recordation document. Such digital material shall also be stored onto an electronic medium (such as USB drive) for safekeeping.

The HABS documentation shall be submitted to the City (Planning &Community Development, City Planning Division). In addition, one original photographic copy of the documentation reproduced on archival paper as specified above shall be assembled and offered to each of the following entities:
• One set shall be offered to and, if accepted, deposited in the archives of the Santa Monica Conservancy.
• One set shall be offered to and, if accepted, deposited in the archives of the Santa Monica History Museum.
• One set shall be offered to and, if accepted, deposited in the archives of the City of Santa Monica Public Library (Main Branch, local history collection).

26. MM-CUL-2: Preservation Protection Plan. Prior to the submittal of project plans for plan check review by the City, the Project Applicant shall prepare a “Preservation-Protection Plan” to ensure that implementation of the site improvements would be conducted in conformance with applicable SOI Standards.

At a minimum, a Preservation-Protection Plan shall be prepared for the entire historic GKGM site, including the administration wing, Little Chapel of the Dawn wing, and all associated landscape-hardscape features on the property. Such a document shall include the following, at a minimum, and shall be submitted to the City for review and approval upon draft completion and final completion. • Architectural recordation of existing conditions, features, spaces, and materials prior to the commencement of proposed project construction related activities, including demolition, excavation, grading, and development.
• Materials analysis, conservation, and treatment programs identified to assist in the compliant rehabilitation of the GKGM Building. • Preparation of a Historic Structures Report (HSR) for the GKGM Building (administration building [exterior]; chapel [interior and exterior]; site grounds, including landscape/hardscape features).
• SOI Standards compliant plan reviews, guidance and oversight, and demolition/construction monitoring by a qualified historic preservation consultant with a minimum of seven (7) years of relevant experience. • An interpretive program to convey the historical and architectural history and associations of the historic property.

As part of the Preservation Protection Plan, an HSR shall be prepared that would include the architectural recordation and assessment of the site, features, materials, finishes, spaces, forms, textures, etc. The HSR would provide documentary, graphic, and physical information about the property’s history, character-defining features, and its existing conditions The report shall also include appropriate methods for treatment of the existing exterior features, materials, finishes, spaces, landscape/hardscape elements, and circulation patterns of the overall GKGM Building, as well as the interior features, materials, finishes, spaces, and configuration of the chapel; a recommended scope of work as part of the rehabilitation of the historic property; and provided information and recommendations for further treatment and maintenance. The treatment program for the historic property would involve conditions investigations, testing, research, and the identification of necessary repairs by a team of qualified historic architects, architectural historians, and conservators. As necessary, a materials conservation assessment should also be included in the HSR. This report shall be prepared according to the National Park Service Preservation Brief 43: The Preparation and Use of Historic Structures Reports. A copy of this report shall be submitted to the City’s Planning Division for review and approval prior to the submittal of 25% completion plans (demolition, architectural, structural, landscape, etc.) to the City for design review and plan check. Final digital copies of this report shall also be donated to the Santa Monica Public Library, Santa Monica Conservancy, and Santa Monica History Museum, at a minimum.

The Preservation Protection Plan shall also stipulate that the Applicant retain a qualified historic preservation professional with at least seven (7) years of relevant experience who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, and/or Historic Architecture pursuant to 36 CFR 61. This preservation professional shall provide guidance and oversight for the preservation and rehabilitation of the historic GKGM property; review and comment on rehabilitation design plans (initial, 25%, 50%, 75% completion plans at a minimum) for compliance with the SOI Standards, review and comment on final construction plans (including demolition, structural, architectural, mechanical, electrical, and landscape plans) for compliance with the SOI Standards; and conduct periodic monitoring during demolition, excavation, grading and construction work for the purposes of protecting and preserving character-defining features and those qualities of the property that justify its local City of Santa Monica landmark eligibility. In addition, the preservation professional shall prepare the necessary written and illustrated documentation for the associated monitoring efforts in a series of construction monitoring reports/memos. A final sign-off of the project completion is also required by the consulting preservation professional in coordination with the project general contractor/design team and City prior to the issuance of a certificate of occupancy. Any plans prepared for the project and submitted to the City for review shall be also assessed for SOI Standards compliance by City staff.

In addition, the Preservation-Protection Plan shall address the applicable use of the California Historical Building Code and the relevant guidelines specific in the SOI Standards and NPS briefs, bulletins, references and guidelines, for any code compliant work associated with issues such as egress, fire safety, railing heights, door widths, accessibility, etc.

The Preservation-Protection Plan, including information drawn from the HSR, shall also guide the development of a publicly accessible interpretive program on the history and architecture of the GKGM property. The historic interpretive exhibit(s) should include or interpret information specific to the history and architecture of the site, the important individuals associated with the former Gates, Kingsley & Gates Mortuary, and its historical association with the mortuary history of the community.

This creative/educational component shall be developed with the assistance of a qualified architectural historian or historic preservation professional with at least five (5) years of relevant experience who satisfies the applicable Secretary of the Interior’s Professional Qualifications Standards pursuant to 36 CFR 61. The historic interpretive program (exhibits) may be located within the publicly accessible interior spaces of the historic property and/or as an outdoor interpretive program within the GKGM property grounds. The program/exhibit(s) will not be housed in (or on) the adjacent new construction improvement appended to the north side of the administration wing.

27. MM-CUL-3: Unknown Archaeological Resources. In the event that archaeological resources (sites, features, or artifacts) are exposed during construction activities for the proposed project, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under CEQA (14 CCR 15064.5(f); California PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work—such as preparation of an archaeological treatment plan, testing, or data recovery—may be warranted.

28. MM-GEO-1: Prior to the commencement of any grading activity, the applicant shall retain a qualified paleontologist to ensure the implementation of a paleontological monitoring program. The Society of Vertebrate Paleontology (SVP 2010) defines a qualified paleontologist as having:

1. A graduate degree in paleontology or geology, and/or a publication record in peer reviewed journals; and demonstrated competence in field techniques, preparation, identification, curation, and reporting in the state or geologic province in which the project occurs. An advanced degree is less important than demonstrated competence and regional experience.

2. At least two full years professional experience as assistant to a Project Paleontologist with administration and project management experience; supported by a list of projects and referral contacts.

3. Proficiency in recognizing fossils in the field and determining significance.

4. Expertise in local geology, stratigraphy, and biostratigraphy.

5. Experience collecting vertebrate fossils in the field.

The qualified paleontologist shall attend any preconstruction meetings and manage the paleontological monitor(s) if he or she is not doing the monitoring. A paleontological monitor should be onsite during all excavations below the depth of previously disturbed sediments. The SVP (2010) defines a qualified paleontological monitor as having:

1. Bachelor of Science or Bachelor of Arts degree in geology or paleontology and one year experience monitoring in the state or geologic province of the specific project. An associate degree and/or demonstrated experience showing ability to recognize fossils in a biostratigraphic context and recover vertebrate fossils in the field may be substituted for a degree. An undergraduate degree in geology or paleontology is preferable, but is less important than documented experience performing paleontological monitoring, or

2. Associate in Applied Science or Associate in Arts degree in geology, paleontology, or biology and demonstrated two years’ experience collecting and salvaging fossil materials in the state or geologic province of the specific project, or

3. Enrollment in upper division classes pursuing a degree in the fields of geology or paleontology and two years of monitoring experience in the state or geologic province of the specific project.

4. Monitors must demonstrate proficiency in recognizing various types of fossils, in collection methods, and in other paleontological field techniques.

The paleontological monitor shall monitor construction excavations below a depth of five feet below ground surface and be equipped with necessary tools for the collection of fossils and associated geological and paleontological data. The monitor shall complete daily logs detailing the day’s excavation activities and pertinent geological and paleontological data. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50- foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find.

Following the paleontological monitoring program for discovered resources, a final monitoring report shall be submitted to the City for approval. The report should summarize the monitoring program and include geological observations and any paleontological resources recovered during paleontological monitoring for the proposed project.

29. MM-HAZ-1: Asbestos Containing Materials (ACM). Pursuant to South Coast Air Quality Management District (SCAQMD) requirements, testing for the presence of ACM shall be conducted in the portions of the former Gates, Kingsley, & Gates Funeral Home Building to be demolished or rehabilitated prior to demolition or rehabilitation. Any ACM found in this building and the existing on-site 7-unit building and 3-unit building shall be removed by a licensed and certified asbestos abatement contractor prior to demolition of these buildings pursuant to SCAQMD Rule 1403 and California Division of Occupational Safety and Health (CalOSHA) Asbestos Regulations.

30. MM-HAZ-2: Lead Containing Materials (LCM). Testing for the presence of LCM shall be conducted prior to demolition or rehabilitation of structures. Any LCM found shall be removed by lead-certified personnel following the California Division of Occupational Safety and Health (CalOSHA) lead standards contained in CCR Title 8, Section 1532.1 and lead- safe work practices prior to demolition of these buildings. An environmental contractor with California Department of Public Health certified workers shall be retained to carry out the work in compliance with the regulations that govern LCM.

31. MM-HAZ-3: Potential Underground Storage Tank. Prior to construction, the applicant will conduct a Ground Penetrating Radar survey to determine the presence or absence of an underground storage tank on the project site, associated with the former automobile service bay. In the event that an underground storage tank is discovered, the removal of the underground storage tank shall be permitted and completed in accordance with the Santa Monica Fire Department requirements and any other agencies with oversight (e.g., Department of Toxic Substances Control).

32. MM-HAZ-4: Subsurface Investigation. Prior to construction, the applicant will conduct a vapor, soil vapor, and groundwater investigation at the project site.

Sampling shall be conducted in accordance with guidance documents from the California Department of Toxic Substances Control.

33. MM-HAZ-5: Soils Management Plan (SMP). Should the investigation required under MM-HAZ-4 above reveal chemicals of concern above applicable California Human Health Screening Levels, the project applicant shall retain a qualified environmental consultant to prepare a SMP, which will be submitted to the California Department of Toxic Substances Control (DTSC), the Los Angeles Regional Water Quality Control Board (RWQCB), and/or City of Santa Monica Fire Department for review and approval prior to the commencement of excavation and grading activities. The recommendations of the applicable oversight agency shall be incorporated in the SMP. A qualified environmental consultant shall be present on the project site during grading and excavation activities in the known or suspected locations of contaminated soils or the UST, and shall be on call at other times as necessary, to monitor compliance with the SMP and to actively monitor the soils and excavations for evidence of contamination. The SMP shall be implemented during excavation and grading activities on the project site to ensure that any contaminated soils are properly identified, excavated, and disposed of offsite, as follows:
• Soil Testing/Segregation: The SMP shall be prepared and executed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil. The SMP shall require the timely testing and sampling of soils so that contaminated soils can be separated from inert soils for proper disposal.

The SMP shall specify the testing parameters and sampling frequency.

During excavation, Rule 1166 requires that soils identified as contaminated shall be sprayed with water or another approved vapor suppressant, or covered with sheeting during periods of inactivity of greater than an hour, to prevent contaminated soils from becoming airborne. Under Rule 1166, contaminated soils shall be transported from the project site by a licensed transporter and disposed of at a licensed storage/treatment facility to prevent contaminated soils from becoming airborne or otherwise released into the environment.
• Stockpile Management: During the project's excavation phase, the applicant shall remove and properly dispose of contaminated materials in accordance with the provisions of the SMP. If soil is stockpiled prior to disposal, it will be managed in
accordance with the project's Storm Water Pollution Prevention Plan, prior to its transfer for treatment and/or disposal. All impacted soils would be properly treated and disposed of in accordance with SCAQMD Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil, as well as applicable requirements of DTSC and LARWQCB.

34. MM-HAZ-6: Health and Safety Plan (HASP). Should the assessment required under MM-HAZ-4 reveal chemicals of concern above applicable California Human Health Screening Levels, the applicant shall commission a HASP to be prepared in compliance with Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 Code of Federal Regulations 1910.120) and California Division of Occupational Safety and Health (CalOSHA) requirements (CCR Title 8, General Industry Safety Orders and California Labor Code, Division 5, Part 1, Sections 6300-6719) and submitted for review by the City of Santa Monica Fire Department. The HASP would address, as appropriate, safety requirements that would serve to avoid significant impacts or risks to workers or the public in the event that elevated levels of subsurface gases are encountered during grading and excavation. Site workers shall be familiar with the health and safety plan and soil management plan and shall be trained on how to identify suspected contaminated soil. The HASP shall include, at a minimum, the following:
• Procedures for restricting access to the contaminated area except for properly trained personnel
• Procedures for notification and reporting, including internal management and local agencies (e.g., Santa Monica Fire Department, County of Los Angeles Fire Department), as needed
• Health and safety measures for removal and excavation of contaminated soil
• Regulatory considerations
• Worker health and safety plan for management of contaminated materials.

35. MM-NOI-1: The applicant and its contractor(s) shall adhere to the following measures for all phases of the proposed project as a condition of approving the grading permit:

1. The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of highnoise-level-emitting equipment.

2. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by City personnel during construction activities.

3. A temporary construction noise barrier shall be erected at the southeasterly project boundary between the adjacent residences and the project site. The construction noise barrier shall be a minimum of 10 feet in height, have a surface density of at least 4 pounds per square foot, and be free of gaps or openings.

4. Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible.

5. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors.

6. As specified in Section 4.12.120 of the City’s Municipal Code, signage shall be posted at the project site entrance with permitted construction work hours, telephone numbers where violations can be reported, the location of the job site, and the permit number issued authorizing the work.

36. MM-NOI-2: The applicant and its contractor(s) shall implement the following vibration-reduction measures:

1. In order to protect the character defining features of the on-site Tudor Revival building, the following mitigation measure shall be implemented at the project site: To avoid or minimize potential construction vibration damage, a pre-construction condition survey report and post-construction damage assessment survey report shall be prepared by a qualified independent structural engineer with qualifications in completed historic preservation projects that conformed to the U.S. Secretary of the Interior (SOI) Standards. These reports shall be submitted to the City for review and approval prior to initiating any type of construction work activity on site (preconstruction vibration survey report) and upon completion of such work (post-construction damage assessment survey report). Specifically, the structural engineer shall investigate the existing condition of the foundation and the structure along the north elevation (i.e., the side facing the proposed project construction). Any required test excavations shall be performed only in the presence of the structural engineer. If protective barriers, underpinning and/or shoring is determined to be necessary, appropriate designs shall be prepared. The structural engineer shall prepare a report of findings, recommendations and any related design modifications necessary to retain the structural integrity of the Tudor Revival building.

2. The qualified structural engineer shall perform the following vibration mitigation: Prior to commencement of construction activities, measure and document the existing ground vibration environment in the vicinity of the Tudor Revival style building, to establish baseline vibration conditions. The vibration measurements shall be performed during hours of the day consistent with the project’s construction hours. At each site, ground vibration levels shall be measured in the vertical direction for a period of a minimum of 15 minutes. The vibration measurement equipment shall be capable of recording vibration velocity levels in PPV (Peak Particle Velocity) and RMS (Root-Mean-Square) values in the unit of inch/ second, over the frequency range of 1 Hz to 100 Hz. Measured vibration data shall be submitted to the City and shall include; description of measurement location, measurement time and recorded values (maximum, minimum and mean levels during the measurement period). After establishing the baseline vibration conditions of the project site, develop and implement a vibration monitoring program capable of documenting the constructionrelated groundbourne vibration levels in the vicinity of the Tudor Revival style building.

3. During construction, the contractor shall install and maintain at least two continuously operational automated vibrational monitors on the Tudor Revival style building. The monitors must be capable of being programmed with two predetermined vibratory velocities levels: a first-level alarm equivalent to a 0.15 inches per second at the face of the building and a regulatory alarm level equivalent to 0.2 inches per second at the face of the building . The monitoring system must produce real-time specific alarms (via text message and/or email to on-site personnel) when velocities exceed either of the predetermined levels. In the event of a first-level alarm, feasible steps to reduce vibratory levels shall be undertaken, including but not limited to halting/staggering concurrent activities and utilizing lowervibratory techniques. In the event of an exceedance of the regulatory level, work in the vicinity shall be halted and the building visually inspected for damage. Results of the inspection must be logged. If in the opinion of the structural engineer, in consultation with the historic preservation architect, substantial adverse impacts to historic resources related to construction activities are found during construction, the monitoring team shall so inform the project sponsor or sponsor’s designated representative responsible for construction activities.

4. The project applicant shall adhere to the monitoring team’s recommendations for corrective measures, including halting construction in situations where construction activities would imminently endanger historic resources. The historic preservation officer shall establish the frequency of monitoring and reporting. The project applicant shall respond to any claims of damage by inspecting the affected property promptly, but in no case more than five working days after the claim was filed and received by the project sponsor’s designated representative. Any new cracks or other changes in the former funeral home and chapel shall be compared to pre- construction conditions and a determination made as to whether the proposed project could have caused such damage. In the event that the proposed project is demonstrated to have caused any damage, such damage shall be repaired to the pre-existing condition. Site visit reports and documents associated with claims processing shall be provided to the City of Santa Monica’s Historic Preservation Officer.

37. MM-TCR-1: While no tribal cultural resources have been identified that may be affected by the project, the following approach for the unanticipated discovery of tribal cultural resources has been prepared to reduce potential impacts to unanticipated resources. Should a potential tribal cultural resource be unanticipatedly encountered, construction activities near the potential tribal cultural resource shall be temporarily halted within 50 feet of the potential tribal cultural resource and the City notified. The City will notify Native American tribes that have been identified by the Native American Heritage Commission (NAHC) to be traditionally and culturally affiliated with the geographic area of the project. If the unanticipated resource is archaeological in nature, appropriate management requirements shall be implemented as outlined in mitigation measure MM-CUL-3 (see Section 4.4.7). If the County determines that the potential resource is a tribal cultural resource (as defined by Public Resources Code, Section 21074), tribes consulting under AB 52 would be provided a reasonable period of time, typically five days from the date a new discovery is made, to conduct a site visit and make recommendations regarding future ground disturbance activities as well as the treatment and disposition of any discovered tribal cultural resources. A qualified archaeologist shall implement a plan for the treatment and disposition of any discovered tribal cultural resources based on the nature of the resource and considering the recommendations of the tribe(s). All activities shall be conducted in accordance with regulatory requirements. If human remains are found within the project site, remains would be handled pursuant to applicable regulatory requirements.

38. MM-UT-1: Prior to the issuance of the building permit, the applicant will be required to submit a water study and a sewer study to the City of Santa Monica Public Works Department that demonstrate the City’s water and sewer system can accommodate the proposed project’s water demand and wastewater flows based on current flows. The applicant will be responsible for upgrading any downstream deficiencies, to the satisfaction of the Public Works Department, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans will be submitted to and approved by the City’s Engineering Division.

Cultural Resources

39. The City shall not approve the demolition of any building or structure unless the applicant has complied with all of the requirements of SMMC Chapter 9.25, including no demolition of buildings or structures built 40 years of age or older shall be permitted until the end of a 75-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made on the application by the Landmarks Commission, or City Council on appeal.

40. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.

Rent Control

41. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental units from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental units pursuant to the provisions of the Ellis Act.

Project Operations

42. 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.

43. No exterior activity such as trash disposal, disposal of bottles or noise generating trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash containers shall be secured with locks.

Final Design

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

45. Landscaping plans shall comply with Subchapter 9.26.040 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.

46. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.21.100, 9.21.130 and 9.21.140. 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.

47. No gas or electric meters shall be located within any 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.

48. 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.

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

Construction Plan Requirements

50. During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, including but not limited to the following:
• All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day. • All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust.
• All material transported on and off-site shall be securely covered to prevent excessive amounts of dust.
• Soils stockpiles shall be covered.
• Onsite vehicle speeds shall be limited to 15 mph.
• Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.
• An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation.
• Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).
• All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust.

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

Demolition Requirements

52. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.

53. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.

Construction Period

54. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

55. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions.

Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

56. 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.

57. 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.

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

Standard Conditions

59. 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.

60. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.

61. 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.

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

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

MOBILITY DIVISION

64. Developer shall comply with SMMC Chapter 9.53, Transportation Demand Management, including payment of the Developer Annual TDM Fee pursuant to Section 9.53.110.

65. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Mobility Division.

66. Where a driveway, garage, parking space or loading zone intersects with the public right-of-way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.21.180.

67. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Mobility Manager but shall not exceed a twenty percent slope.

68. Bicycle parking provided in the Project shall meet the requirements of SMMC Section 9.28.140.

PUBLIC LANDSCAPE

69. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division.

70. Prior to the issuance of a demolition permit any street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed.

71. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist.

OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT

72. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison.

If Developer elects to enroll in the program, enrollment shall occur prior to submittal of plans for Architectural Review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit.

73. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code.

PUBLIC WORKS DEPARTMENT (PWD)
General Conditions

74. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit:
a. Water Services
b. Wastewater Capital Facility
c. Water Demand Mitigation
d. Fire Service Connection
e. Tieback Encroachment
f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two.

Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project.

In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan.

75. Any construction related work or use of the public right-of-way will be required to obtain the approval of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.

76. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit.

77. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

78. Until completion of construction, 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, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

79. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.

Water Resources

80. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works.

81. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site.

82. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111.

83. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City’s sewer system can accommodate the entire development. If the study does not show to the satisfaction of the City that the City’s sewer system can accommodate the entire development, prior to issuance of the first building permit, the Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.

84. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City’s water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.

85. Prior to the issuance of the first building permit, the applicant shall submit a hydrology study of all drainage to and from the site to demonstrate adequacy of the existing storm drain system for the entire development. Developer shall be responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if calculations show that the project will cause such facilities to receive greater demand than can be accommodated. All reports and improvement plans shall be submitted to Engineering Division for review and approval. The study shall be performed by a Registered Civil Engineer licensed in the State of California.

86. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters.

87. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.

88. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing.

89. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at:
http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed.

90. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads.

Urban Water Runoff Mitigation

91. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter

7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as:
a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties;
e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site.
g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD.

92. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235.

Public Streets & Rights-of-Way

93. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division.

94. All off site improvements required by the Public Works Department shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil engineer and approved by the City Engineer.

95. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

96. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping, etc.

97. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property.

Utilities

98. No Excavation Permit shall be issued without a Telecommunications Investigation by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into the project design including, but not limited to measures associated with joint trench opportunities, location of tie-back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer shall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, telecommunication conduit routes and fiber optic cables from building Telecommunications Room to Telecommunications Vaults in street, alley and/or sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of conduit and fiber optic cable for a maximum of 1km terminating in a new Telecommunications Vault for future interconnection with City network. The final telecommunications design plans for the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department prior to approval of project. a. Project shall comply with any City of Santa Monica issued Telecommunications Guidelines.
b. Project shall comply with City of Santa Monica Right-of-Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04

99. Prior to the issuance of a Certificate of Occupancy for the Project, provide new street-pedestrian lighting with a multiple circuit system along the new street rightof-way and within the development site in compliance with the PWD Standards and requirements. New street-pedestrian light poles, fixtures and appurtenances to meet City standards and requirements.
100. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground.
101. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way.

Resource Recovery and Recycling
102. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.21.130 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection.
103. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure.
104. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi-family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include:
• List of materials such as white paper, computer paper, metal cans, and glass to be recycled;
• Location of recycling bins;
• Designated recycling coordinator;
• Nature and extent of internal and external pick-up service; • Pick-up schedule; and
• Plan to inform tenants/ occupants of service.
105. For temporary excavation and shoring that includes tiebacks into the public rightof-way, a Tieback Agreement, prepared by the City Attorney, will be required. 106. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, Fire Code, or any other provision of the SMMC.

Construction Management Plan
105. A construction period mitigation plan shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit:. Public Works, Fire, Planning and Community Development, and Police. 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:
a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;
b. Describe how demolition of any existing structures is to be accomplished;
c. Indicate where any cranes are to be located for
erection/construction;
d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;
e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons;
g. Specify the nature and extent of any dewatering and its effect on any adjacent buildings;
h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;
i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed;
k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel;
m. Provide a grading and drainage plan;
n. Provide a construction-period parking plan which shall minimize use of public streets for parking;
o. List a designated on-site construction manager;
p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste;
q. Provide a plan regarding use of recycled and low-environmentalimpact materials in building construction; and r. Provide a construction period water runoff control plan.

FIRE
106. 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: APPEAL 21ENT-0254
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VOTE: FINAL ENVIRONMENTAL IMPACT REPORT 17ENT-0011
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VOTE: DEVELOPMENT REVIEW PERMIT 16ENT-0048

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VOTE: MAJOR MODIFICATION 18ENT-0382

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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. _____________________________ _____________________________ Sue Himmelrich, Mayor Date
Acknowledgement by Permit Holder
I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

Print Name and Title Date
Applicant’s Signature