Legislation Details

File #: HIST-21111    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 12/10/2012 Final action: 12/10/2012
Title: Adoption of an Ordinance Amending the Culver City Zoning Map, as Referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, Establishing Planned Development Zone No. 10 Zoning Code Map Amendment (ZCMA P-2012020) and Approving a Comprehensive Plan (CP P-2012018) to Allow a Commercial Development Consisting of Approximately 41,735 Square Feet of Retail and Restaurant Uses and 38,732 Square Feet of Office Uses Located at 8810-8850 Washington Boulevard and 3920 Landmark Street.
Attachments: 1. Adoption of an Ordinance Amending the Culver City - C-15__12_12_10_CDD__CITY COUNCIL__Planning_Platform_Ord_2nd Reading - FINAL.pdf, 2. Adoption of an Ordinance Amending the Culver City - C-15__12_12_10_ATT_CDD_Platform.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff recommends the City Council adopt the proposed Ordinance (Attachment No. 1), amending the Culver City Zoning Map, as referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, establishing Planned Development (PD) Zone No. 10 (Zoning Code Map Amendment, ZCMA-P2012020) and approving a Comprehensive Plan (CP P-2012018) for a commercial development consisting of approximately 41,735 square feet of retail and restaurant uses and 38,732 square feet of office uses located at 8810-8850 Washington Boulevard and 3920 Landmark Street (the “Project”). BACKGROUND / DISCUSSION: At its meeting of October 4, 2012, the Planning Commission unanimously recommended to the City Council approval of Zoning Code Map Amendment ZCMA- P2012020, establishing PD Zone No. 10, and Comprehensive Plan CP P-2012018, to allow development of the proposed Project. Meeting Date: 12/10/12 Item Number: C-15 CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Amending the Culver City Zoning Map, as Referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, Establishing Planned Development Zone No. 10 Zoning Code Map Amendment (ZCMA P-2012020) and Approving a Comprehensive Plan (CP P-2012018) to Allow a Commercial Development Consisting of Approximately 41,735 Square Feet of Retail and Restaurant Uses and 38,732 Square Feet of Office Uses Located at 8810-8850 Washington Boulevard and 3920 Landmark Street. Contact Person/Dept.: Susan Yun, Thomas Gorham Phone Number: 310-253-5755 310-253-5727 Fiscal Impact: Yes [X] No [] Fiscal Impact: Yes [X] No [] Public Hearing: [] Action Item: [] Attachments: [X] Commission Action Required: Yes [X] No [] Date: 10/4/12 Planning Commission Public Notification: (Email) Meetings and Agendas – City Council (12/07/12) Department Approval: Sol Blumenfeld: (11/20/12) City Attorney Approval: Carol Schwab (by H. Baker) (12/06/12) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (12/06/12) City Manager Approval: John M. Nachbar (12/07/12) City of Culver City, California Agenda Item Report At the City Council meeting of November 12, 2012, the City Council unanimously introduced the proposed Ordinance approving Zoning Code Map Amendment ZCMA-P2012020 and Comprehensive Plan CP P-2012018. The Ordinance is brought back tonight for adoption by the City Council. FISCAL IMPACT: There is no fiscal impact associated with adoption of the ordinance this evening. ATTACHMENTS: 1. Proposed Ordinance and Exhibit A, Zone Change Map and Exhibit B, Conditions of Approval. MOTION: That the City Council: Adopt the proposed Ordinance, amending the Culver City Zoning Map, as referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, establishing Planned Development Zone No. 10 (Zoning Code Map Amendment, ZCMA-P2012020) and approving a Comprehensive Plan (CP P- 2012018). MEETING DATE: 12.10.12 AGENDA ITEM: Adoption of an Ordinance Amending the Culver City Zoning Map, as Referenced in Title 17, Zoning, of the Culver City Municipal Code, Section 17.200.015, Establishing Planned Development Zone No. 10 Zoning Code Map Amendment (ZCMA P-2012020) and Approving a Comprehensive Plan (CP P-2012018) to Allow a Commercial Development Consisting of Approximately 41,735 Square Feet of Retail and Restaurant Uses and 38,732 Square Feet of Office Uses Located at 8810-8850 Washington Boulevard and 3920 Landmark Street. ATTACHMENTS Pages 1. Proposed Ordinance and Exhibit A, Zone Change Map and Exhibit B, Conditions of Approval 1-34 ATTACHMENT 1 1 ATTACHMENT 1 2 ATTACHMENT 1 3 ATTACHMENT 1 4 ATTACHMENT 1 5 ATTACHMENT 1 6 ATTACHMENT 1 7 ATTACHMENT 1 8 ATTACHMENT 1 9 Or di na nc e No. _ _ _ _ _ _ _ _ _ ATTACHMENT 1 10EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 1 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification GENERAL 1. These Conditions of Approval are being imposed on Platform Planned Development and Comprehensive Plan, a commercial development of 41,745 square feet of retail and restaurant floor area, 38,732 square feet of office floor area, and two multi-level parking structures providing a total of 312 parking spaces (the “Project”), for the property located at 8810 – 8850 Washington Boulevard and 3920 Landmark Street (the “Property”). All Standard 2. A copy of the Resolution approving the Project, and a copy of these Conditions of Approval, shall be printed on the plans submitted as part of any building permit application for the Project. Planning Standard 3. All building permit applications for the Project shall include sufficient information and detail to clearly reflect compliance with all applicable requirements of the Culver City Municipal Code (the “CCMC”) and with these Conditions of Approval. Planning Standard 4. The land use permit to which these Conditions of Approval apply (the “Land Use Permit’) shall expire four years from the date of final approval of said Land Use Permit, if the use has not been exercised. As provided in CCMC Section 15.595.030 –“Time Limits and Extensions”, an applicant may request an extension of said expiration date by filing a written request with the Planning Division prior to the expiration of the land use permit. Planning Standard ATTACHMENT 1 11EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 2 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification GENERAL 5. Pursuant to CCMC Section 17.630.010.C.4 – “Posted Notice”, the public notification sign(s) installed in accordance with the public notification requirements for the Land Use Permit shall be removed within ten days after the end of the appeal period or the final decision by the City Council on the Land Use Permit, whichever occurs last. Planning Standard 6. The Project shall be developed pursuant to CCMC Chapter 17.300 – “General Property Development and Use Standards”. Planning Standard 7. All planted areas on the Property shall be landscaped and irrigated pursuant to CCMC Chapter 17.310 - “Landscaping”. Planning Standard 8. All parking areas on the Property shall be developed pursuant to CCMC Chapter 17.320 - “Off-Street Parking and Loading”. Planning Standard 9. Signs proposed for the Project shall meet all applicable requirements of CCMC Chapter 17.330 - “Signs”. All signs require a separate permit and approval. Planning Standard 10. All permits and licenses required in connection with the development or use of the Project shall be applied for and obtained separately. All Standard 11. All work within the public right-of-way (including but not limited to curb, gutter, sidewalk, and driveways) shall be designed and completed to the satisfaction of the City Engineer. Public Works Standard 12. Street trees shall be installed, to the satisfaction of the City Engineer and the Community Development Director, in conformity with the City’s approved Street Tree Master Plan and/or the City’s Transit Oriented Development District Streetscape Plan adopted for this area including tree wells and irrigation. All new (and existing) street trees shall be supplied with irrigation water from the overall site irrigation system which shall include a timer and a rain sensor. All new (and existing) street trees, landscaping, and irrigation shall be indicated on the overall site landscaping/ irrigation plan. Planning/ Public Works Standard ATTACHMENT 1 12EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 3 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification GENERAL 13. Drainage devices, concrete curbs and gutters, sidewalks, drive approaches, and roadway pavement shall be designed in conformity with all provisions of the latest edition of the American Public Works Association Standard Plans (“APWA Standards”). Public Works Standard 14. At the sole cost and expense of the Property Owner, any broken or damaged curbs, gutters, sidewalks, and street pavement resulting from construction of the Project shall be repaired and reconstructed in conformity with APWA Standards. Public Works Standard 15. Trash enclosures shall be provided and shall each have a minimum inside dimension of 10 feet x 12 feet, a gated opening that is at least 8 feet wide, and a 6 inch high by 6 inch wide concrete curb along the inside perimeter wall. Each enclosure shall also have at least a 6 inch thick concrete slab that drains at a one percent gradient out of the enclosure. Final approval for the size, location, and type of equipment needed for the adequate storage and disposal of all solid and recyclable waste generated by the Project shall be obtained from the City’s Environmental Programs and Operations Manager. A fire suppression sprinkler system shall be provided within any covered trash enclosure area as required by the Fire Marshal. All refuse containers assigned to or otherwise used by the Project shall be stored on-site in the trash enclosures. Public Works/ Fire/ Planning Standard 16. All Project related solid and recyclable waste material handling shall be in accordance with CCMC Section 5.01.010 – “Solid Waste Management”, which outlines the Sanitation Division’s exclusive franchise for this service. Public Works Standard 17. The Project shall meet all provisions of CCMC Section 7.05.015 -”Transportation Demand and Trip Reduction Measures”. Trans. Standard ATTACHMENT 1 13EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 4 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification GENERAL 18. All buildings and structures to be constructed as part of the Project shall be designed and constructed in accordance with all applicable regulations and standards of the City’s Building Code, Fire Code and any related codes as determined by the Building Official and Fire Marshal; and all other applicable provisions of the CCMC which are adopted and in effect at the time of issuance of a building permit. Building/ Fire Standard 19. Any new utilities shall be placed underground or enclosed within the building construction; no new overhead utilities shall be permitted. Building/ Planning Standard 20. The Project shall comply with all applicable requirement of the Culver City Green Building Program as set forth in CCMC Section 15.02.1100, et.seq. Building Standard 21. The Project shall comply with the all applicable requirements relating to solar photovoltaic requirements as set forth in CCMC Section 15.02.100, et. seq. Building Standard 22. Changes to the Project or use approved as part of the Land Use Permit may only be made in accordance with the provisions of CCMC Section 17.595.035 – “Changes to an Approved Project”. Planning Standard ATTACHMENT 1 14EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 5 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 23. A covenant and agreement, on a form provided by the Planning Division and in form and substance acceptable to the City Attorney, acknowledging and agreeing to comply with all terms and conditions established herein, shall be signed by the Property Owner and recorded in the County Recorder’s Office. The covenant and agreement shall run with the land and shall be binding on any subsequent owners, and tenants or occupants of the Property. After recordation, a certified copy bearing the Recorder’s number and date shall be provided to the Planning Division. Planning/ City Attorney Standard 24. The Applicant and Property Owner shall indemnify and agree to defend (at the Applicant’s and Property Owner’s sole expense, with legal counsel approved by the City) and hold harmless the City, and its elected and appointed officials, officers, employees, agents, contractors and consultants from and against any and all loss, damages, injuries, costs, expenses, liabilities, claims, demands, lawsuits, attorneys’ fees and judgments, arising from or in any manner connected to any third party challenge to the City's approval of the Project. The obligations required by this Condition shall be set forth in a written instrument in form and substance acceptable to the City Attorney and signed by the Applicant and the Property Owner. City Attorney Standard 25. A minimum of three sets of final landscaping and irrigation plans (separate from the plans submitted for the building permit) shall be submitted to the Planning Division for review and approval. Planning/ Parks & Rec. Standard 26. Payment of New Development Impact Fees pursuant to CCMC Section 15.06.005 et. seq. shall be submitted. Planning/ Building Standard ATTACHMENT 1 15EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 6 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 27. A Construction Management Plan prepared by the construction contractor, which identifies the areas of construction staging, temporary power, portable toilet, and trash and material storage locations, shall be submitted to and approved by the Building Official. Prior to commencement of work the construction contractor shall advise the Public Works Inspector and the Building Inspector (‘Inspectors”) of the construction schedule and shall meet with the Inspectors. Building/ Public Works Standard 28. A Pedestrian Protection Plan shall be submitted to and approved by the Building Official. Such plan shall identify all areas of pedestrian protection and indicate the method of pedestrian protection or pedestrian diversion when required. When pedestrian diversion is required, the Pedestrian Protection Plan must also be approved by the Public Works Director. Building/ Public Works Standard 29. Plans submitted as part of the building permit application shall include a schedule of the special inspections anticipated, the firm proposed for the special inspections, and the resumes of all proposed special inspectors. The Building Official reserves the right to reject any special inspector at any time for the duration of the Project. All special inspection reports shall be made available to the Building Official and to any Culver City Building Safety inspector as required by the Building Official No work shall be covered without a Culver City Building Safety inspection, whether or not a special inspection was performed on such work. Building Standard ATTACHMENT 1 16EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 7 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 30. A Construction Traffic Management Plan shall be prepared by a traffic or civil engineer registered in the State of California. The Construction Traffic Management Plan shall be submitted to the City Engineer and Planning Manager for review and approval prior to the issuance of any Project demolition, grading, or excavation permit. The Construction Traffic Management Plan shall also be reviewed and approved by the City’s Fire and Police Departments. The City Engineer and Planning Manager reserve the right to reject any engineer at any time and to require that the Plan be prepared by a different engineer. The Construction Traffic Management Plan shall contain, but not be limited to, the following: A. The name and telephone number of a contact person who can be reached 24 hours a day regarding construction traffic complaints or emergency situations. B. An up-to-date list of local police, fire, and emergency response organizations and procedures for the continuous coordination of construction activity, potential delays, and any alerts related to unanticipated road conditions or delays, with local police, fire, and emergency response agencies. Coordination shall include the assessment of any alternative access routes that might be required through the Property, and maps showing access to and within the Property and to adjacent properties. C. Procedures for the training and certification of the flag persons used in implementation of the Construction Traffic Management Plan. D. The location, times, and estimated duration of any roadway closures, traffic detours, use of protective devices, warning signs, and staging or queuing areas. E. The location and travel routes of off-site staging and parking locations. Planning/ Public Works Standard ATTACHMENT 1 17EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 8 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 31. Reasonable efforts shall be used to reuse and recycle construction and demolition debris, to use environmentally friendly materials, and to provide energy efficient buildings, equipment and systems. A Demolition Debris Recycling Plan that indicates where select demolition debris is to be sent shall be provided to the Building Official prior to the issuance of a demolition permit. The Plan shall list the material to be recycled and the name, address, and phone number of the facility of organization accepting the materials. Building Standard 32. A vector/pest control abatement plan prepared by a pest control specialist licensed or certified by the State of California shall be submitted for review and approval by the Planning Manager and the Building Official. Said plan shall outline all steps to be taken prior to the commencement of any demolition or construction activity in order to ensure that any and all pests (including, but not limited to, rodents, bees, ants and mosquitoes) that may populate the Property do not relocate to or impact adjoining properties. Building/ Planning Standard 33. Prior to issuance of a building permit, notice of the Project construction schedule shall be provided to all abutting property owners and occupants. Evidence of such notification shall be provided to the Building Division. The notice shall identify the commencement date and proposed timing for all construction phases (demolition, grading, excavation/shoring, foundation, rough frame, plumbing, roofing, mechanical and electrical, and exterior finish). Building Standard ATTACHMENT 1 18EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 9 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 34. A Phase 1 Archaeological/Paleontological Survey shall be completed and submitted to the Planning Division and Building Safety Division for review. If the Phase 1 Archaeological/Paleontological Survey indicates the presence of archaeological and/or paleontological resources, then an archaeological and/or paleontological professional(s), approved by the City, shall monitor all phases of the excavation for the project site. In the event that the Phase 1 Archaeological/Paleontological Survey determines that no such resources exist but undetected fossil resources and/or human remains, or other archaeological/paleontological resources are encountered during construction activities, work in that area must be halted, and both the City of Culver City and the coroner must be notified. Work will be halted in that area of the detected resource until the City of Culver City’s archaeologist and paleontologist have been contacted to evaluate the resources and permission to commence work in that area has been given by the City of Culver City. Planning/ Building Mitigation Measure 35. An asbestos and lead survey shall be submitted to the Planning Division and Building Safety Division for review. The survey shall indicate the requirements on remediating the site and precautions taken during demolition and transport of hazardous materials according to the state regulations and Asbestos Hazard Emergency Response Act (AHERA). Planning/ Building Mitigation Measure ATTACHMENT 1 19EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 10 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 36. A covenant and agreement on a form provided by the Planning Division and in form and substance acceptable to the City Attorney, agreeing to hold lot numbers 1, 2, and 3 of Record of Survey 81-95 as one parcel and lot numbers 14 and portion of 13 of Record of Survey 81-95 as one parcel, shall be signed by the Property Owner and recorded in the County Recorder’s office. After recordation, a certified copy bearing the Recorder’s number and date shall be provided to the Planning Division. Planning/ Public Works Special 37. A covenant and agreement (reciprocal access agreement) on a form provided by the Planning Division and in form and substance acceptable to the City Attorney, agreeing to tie all on-site parking required for the project on both sites making said parking available to all users of the project shall be signed by the Property Owner and recorded in the County Recorder’s office. The covenant and agreement shall run with the land and shall be binding on any subsequent owners, and tenants or occupants of the Property. After recordation, a certified copy bearing the Recorder’s number and date shall be provided to the Planning Division. Planning Special 38. The off-site improvement plans shall demonstrate streetscape improvements in accordance with the City’s Transit Oriented Development District Streetscape Plan including but not limited to street trees and other landscaping, concrete sidewalks, and street furniture (benches, trash receptacles, and bicycle racks.) These streetscape improvements shall be installed along the project’s Washington Boulevard and Landmark Street frontage as determined by the Community Development Director and Public Works Director. Planning/ Public Works Special ATTACHMENT 1 20EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 11 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO BUILDING PERMIT ISSUANCE 39. This project is subject to the National Pollution Discharge Elimination System (N.P.D.E.S.) requirements for a Standard Urban Stormwater Mitigation Plan (SUSMP). The SUSMP shall be approved prior to the issuance of the building permit. Public Works Special 40. A Storm Water Pollution Prevention Plan (SWPPP) shall be approved prior to the issuance of any construction permits. Public Works Special 41. This project is subject to the City’s Sewer Facility Charge. This charge shall be paid prior to the issuance of building permits or any construction permits issued by the Engineering Division. Public Works Special DURING CONSTRUCTION 42. During all phases of construction, a “Construction Rules Sign” that includes contact names and telephone numbers of the Applicant, Property Owner, construction contractor(s), and the City, shall be posted on the Property in a location that is visible to the public. These names and telephone numbers shall also be made available to adjacent property owners and occupants to the satisfaction of the Planning Manager and Building Official. Building/ Planning Standard 43. The Property shall be maintained daily so that it is free of trash and litter. Building Standard 44. During construction, dust shall be controlled by regular watering or other methods as determined by the Building inspector. Building Standard 45. The Building Division may apply administrative assessments and/ or post general stop work notices for any violations of the Conditions of Approval for the Project, and any violations of the CCMC. Building Standard ATTACHMENT 1 21EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 12 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification DURING CONSTRUCTION 46. During all phases of construction, best efforts shall be used to ensure that all construction workers, contractors and others involved with the Project park on the Property or at designated offsite locations approved by the City, and not in the surrounding neighborhood. Building Standard 47. When foundation shoring and/or foundation piles will be part of the Project, the engineer of record shall use noise dampening measures such as the drilling of shoring supports and piles as determined by the Building Official and Planning Manager. Building/ Planning Standard 48. Prior to the commencement of any excavation, a temporary construction fence shall be installed around the site. The height and fence material is subject to approval by the City Engineer and the Planning Manager. Building/ Planning/ Public Works Standard 49. Hours of construction shall be limited to the following: 8:00 AM to 8:00 PM Monday through Friday; 9:00 AM to 7:00 PM Saturday; and 10:00 AM to 7:00 PM Sunday and National holidays. Dirt hauling and construction material deliveries or removal are prohibited during the morning (7:00 AM to 9:00 AM) and afternoon (4:00 PM to 6:00 PM) peak traffic periods. All construction workers shall be respectful of the surrounding neighborhood and keep non-construction related noise to a minimum prior to, during, and after permissible construction hours. Building/ Public Works Standard 50. All staging and storage of construction equipment and materials, including the construction dumpster, shall be on-site only. The Property Owner must obtain written permission from adjacent property owners for any construction staging occurring on adjacent property. Building/ Public Works Standard ATTACHMENT 1 22EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 13 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification DURING CONSTRUCTION 51. Compliance with the following noise standards shall be required with at all times: A. No construction equipment shall be operated without an exhaust muffler, and all such equipment shall have mufflers and sound control devices (i.e., intake silencers and noise shrouds) that are no less effective than those provided on the original equipment; B. All construction equipment shall be properly maintained to minimize noise emissions; C. If any construction vehicles are serviced at a location onsite, the vehicle(s) shall be setback from any street and other property lines so as to maintain the greatest distance from the public right-of- way and from Noise Sensitive Receptors; D. Noise impacts from stationary sources (i.e., mechanical equipment, ventilators, and air conditioning units) shall be minimized by proper selection of equipment and the installation of acoustical shielding as approved by the Planning Manager and the Building Official in order to comply with the City’s Noise Regulations and Standards as set forth in CCMC Chapter 9.07; and E. Stationary source equipment (i.e., compressors) shall be located so as to maintain the greatest distance from the public right-of-way and from Noise Sensitive Receptors. Building/ Planning Standard ATTACHMENT 1 23EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 14 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification DURING CONSTRUCTION 52. In the event three citations are issued in connection with the Project for violations of these Conditions of Approval or for other violations of the CCMC, Project construction shall be stopped until such time that it is determined to the satisfaction of the Community Development Director, that causes of such violations have been eliminated or corrected and that the Project will be able to proceed in full compliance with these Conditions of Approval and the CCMC. Building/ Planning Standard 53. Flag persons with certified training shall be provided for work site traffic control to minimize impacts to traffic flow and to ensure the safe movement of vehicles into and out of the Property. Building/ Public Works Standard 54. During construction, trucks and other vehicles in loading and unloading queues must be parked with their engines off to reduce vehicle emissions. Construction deliveries shall be phased and scheduled to avoid emissions peaks as determined by the Building Official and discontinued during second-stage smog alerts. Building Standard 55. Construction vehicles shall not be permitted to stage or queue where they would interfere with vehicular and pedestrian traffic or block access to adjacent properties. Off-site staging shall be at locations approved by the City Engineer and shall be of sufficient length to accommodate large trucks without being unduly disruptive to traffic operations. The drivers of these trucks shall be in radio or phone communication with on-site personnel who shall advise the drivers when to proceed from the staging location to the Property. Construction-related vehicles shall not be permitted to park on public streets. Building/ Public Works Standard ATTACHMENT 1 24EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 15 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION 56. All provisions, and requirements set forth in these Conditions of Approval, in the Resolution approving the project, in the CCMC, or in any applicable written comments as provided by City representatives at the March 15, 2012 Project Review Committee meeting (or from updates from the City thereafter) on the Land Use Permit application, shall be fulfilled and satisfied to the satisfaction of all City departments before the use may be established or the Project occupied. All Standard 57. All requirements of the City’s Art in Public Places Program, as set forth in CCMC Section 15.06.100, et. seq., shall be fully satisfied prior to the issuance of a certificate of occupancy; provided that if such requirements will be satisfied by the payment of the public art in-lieu fee, the same shall be paid prior to the issuance of a building permit. Cultural Affairs Standard 58. All onsite and offsite improvements and all conditions of approval except those which are deferred pursuant to a bond or letter of credit as determined and approved by the Building Official, Fire Marshal, Planning Manager, and/or City Engineer shall be completed prior to issuance of any certificate of occupancy. Prior to issuance of any certificate of occupancy the following shall be provided to and approved by the City: A. Five full sets of as-built plans that shall include at a minimum the site plan, grading and utility plan, landscape and irrigation plan, floor plan for each level of the Project, parking structure plan, roof plan with all mechanical equipment identified as to purpose and source and all offsite improvements; and B. One set of as-built plans as described above in a digital format compatible with the City’s computer system. All Standard ATTACHMENT 1 25EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 16 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION 59. Washington Boulevard, along the project’s frontage, shall be widened to a 40 foot half street. The widening shall also include a new 10 foot sidewalk that will extend from the new curb face to the existing southerly 50 foot right-of-way line. The new easterly curb along Washington Boulevard shall join the existing curb through a smooth transitional reverse curve. The new street section of Washington Boulevard shall be a minimum of 6-inches of asphalt paving over 10-inches of crushed aggregate base (CAB). This work shall be designed and installed to the satisfaction of the City Engineer. Public Works Special 60. New parking stalls and standard or kiosk type parking meters shall be installed on Washington Boulevard as determined by the City Engineer. If standard meters are selected, they shall be of the type that allows the use of credit cards as manufactured by the IPS Group. If a kiosk meter is selected, it shall be of the type as manufactured by Duncan Solutions with each stall being uniquely numbered. Public Works Special 61. A bus stop and related appurtenances shall be installed along the project’s Washington Boulevard frontage. The bus shelter shall conform to the City’s Transportation Department standards. This work shall be designed and installed to the satisfaction of the City Engineer. Public Works Special 62. A bike lane shall be installed along the project’s Washington Boulevard frontage. The required striping and signage shall be reflected in the signing and striping plan as part of the project’s street improvement plans. Public Works Special 63. The existing curb returns at both corners of Washington Boulevard and Landmark Street shall be reconstructed with a 25-foot radius and new curb ramps. Adequate street easements shall be dedicated for the corner cut-off at each corner and any additional right-of-way necessary for the construction of the new curb returns. Public Works Special ATTACHMENT 1 26EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 17 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION 64. The existing traffic signal poles at both corners of Washington Boulevard and Landmark Street shall be relocated to an approved location based on the reconstructed curb returns. A new pedestrian crosswalk shall be installed across Washington Boulevard at the easterly return, which shall include a new or reconstructed curb ramp on the north side of Washington Boulevard. New LED countdown pedestrian heads shall be installed on the two traffic signals controlling this new crosswalk. ADA compliant “Bulldog” type pedestrian push buttons and audible signal devices shall be installed on the four traffic signal poles that control all pedestrian crosswalks at this intersection. A westbound left- turn signal on Washington Boulevard shall also be required at this intersection. Any other ancillary work as determined by the City Engineer required to accomplish the above described work, including but not limited to installation of new mast arms, signal poles, street lights, and modifications to the service and controller cabinets shall be included. Any new signal poles shall be designed for 100 mph winds per CALTRANS standards. This work shall be shown on a traffic signal plan and a signing and striping plan, prepared by a civil or traffic engineer registered in the State of California, and shall be submitted to the Engineering Division for review, approval, and permitting. Separate traffic signal timing charts shall be submitted for review. Public Works Special 65. A five foot sidewalk shall be provided adjacent to the curb on Landmark Street. All street lights, street trees, fire hydrants, etc. shall be relocated to behind the sidewalk. A street easement shall be dedicated for the sidewalk and a public utility easement shall be dedicated at each location where a public facility will be located. The new sidewalk will require the reconstruction of the existing drive approaches that will still be used. Public Works Special ATTACHMENT 1 27EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 18 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION 66. The full width of Landmark Street shall be repaved from Washington Boulevard to the southeasterly project boundary. The repaving shall consist of a two-inch grind and inlay of Rubberized Asphalt Concrete (RAC). All striping, parking tees and markers removed by said repaving shall be replaced with thermoplastic paint. The applicant has requested that a portion of Landmark Street, as it approaches Washington Boulevard, be reconstructed in concrete. If this option is selected, the concrete shall be a minimum of 8 inches thick and shall be placed on a 6 inch layer of compacted CAB. Public Works Special 67. All drive approaches that will no longer be used shall be removed and reconstructed with curb, gutter, and sidewalk. Public Works Special 68. Existing parking meters located along the project’s frontage with Landmark Street shall be relocated due to the closure of any driveways. New parking meters may be required as determined by the City Engineer. Existing parking meter heads shall be replaced and the new parking meter heads shall both be of the type that allows the use of credit cards as manufactured by the IPS Group and approved by the City Engineer. Public Works Special 69. All drive approaches shall be at least as wide as the drive aisle and not more than one foot wider on each side. Public Works Special 70. All existing and proposed drive approaches shall have a minimum 3 foot ADA concrete landing at the top of the approach. Public Works Special 71. All concrete used in the public right-of-way shall have a minimum strength of 3250 psi. Public Works Special 72. The existing street light system along the project's frontage with Washington Boulevard and Landmark Street shall be converted to low voltage induction type lighting. New street light conduit, wiring, pull boxes, light fixtures, and ballast shall be required. Public Works Special ATTACHMENT 1 28EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 19 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION 73. Street trees, tree wells, tree grates, ground cover planting, and irrigation shall be installed within the project's frontage along Washington Boulevard and Landmark Street in accordance with the City’s Transit Oriented Development District Streetscape Plan. A separate landscape and irrigation plan shall be submitted to the Engineering Division for review, approval, and permitting. Irrigation within the public right-of- way shall be connected to the private on-site irrigation system. Planning/ Public Works Special 74. Secure bicycle parking shall be provided to accommodate twenty-two (22) bicycles. The bicycle parking shall be provided to accommodate seven (7) long-term and at least fifteen (15) short-term parking positions. The long-term spaces shall be provide in individual bike lockers or bike racks in a secure locking fenced enclosure on the ground floor of the project’s parking structure on the main development parcel. The short-term spaces shall be provided on both of the development sites and on the adjacent public sidewalk right- of-way, using eight (8) City approved “Inverted - U” Bicycle Racks. Exact location of the Bicycle Racks and in the public right-of-way shall be approved by the City Engineer. Public Works Special 75. All existing sewer laterals that have been abandoned or will be abandoned due to the project design and are located within the project boundary shall be capped at the property line. Public Works Special ATTACHMENT 1 29EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 20 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION 76. The Project shall contribute $50,000 towards a study and implementation of a shuttle system connecting the residential and commercial areas in Downtown Culver City and Hayden Tract areas to and from the Culver City Exposition Light Rail Transit (LRT) Station. This shuttle system will include shuttle buses with stops along Washington Boulevard. The schedules for these shuttles should be developed such that coordinated transfers to and from the LRT station at Culver City are achieved. These shuttles would operate at enhanced frequencies during the peak commuter time periods and provide fast, convenient, and efficient connections to the Metro Exposition LRT line. In the event that the proposed shuttle program has not progressed sufficiently to warrant study funding, the $50,000 contribution mentioned above shall be used as the project’s fair share towards the design and implementation of Adaptive Traffic Control Systems (ATCS) at the intersection of Washington Boulevard/National Boulevard. This includes provision of ATCS- associated control PC hardware/software, if required. Public Works Mitigation Measure 77. A westbound left-turn signal at the intersection of Washington Boulevard and Landmark Street shall be designed and constructed by the Applicant to the satisfaction of the Public Works Director. The Applicant shall be responsible for all costs associated with the modification of the traffic signal. Public Works Mitigation Measure 78. A valet parking plan outlining the parking management of the valet parking in Building D shall be submitted to the Planning Division for review and approval by the Planning Manager and the City Traffic Engineer. Planning Special ATTACHMENT 1 30EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 21 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification ON-GOING 79. The use and development of the Property shall be in substantial conformance with the plans and materials submitted with the application for the Land Use Permit as reviewed by the Planning Commission at its meeting on October 4, 2012 and the City Council at its meeting on November 12, 2012, excepted as modified by these Conditions of Approval. Planning Standard 80. Pursuant to CCMC Section 17.650.020 - “Inspection”, the Property Owner and Applicant shall allow authorized City officials, or their designees, access to the Property where there is reasonable cause to believe the Property is not in compliance with these Conditions of Approval or other requirements of the CCMC. All Standard 81. The use and development of the Property shall comply with these Conditions of Approval and all applicable local, special district or authority, county, state and federal statutes, codes, standards, and regulations including, but not limited to, Building Division, Fire Department, Planning Division and Public Works Department requirements, and shall comply with all applicable CCMC requirements and all comments made during the City’s building permit plan check review process. Failure to comply with said Conditions, statutes, codes, standards, and regulations may result in reconstruction work, demolition, stop work orders, withholding of certificate of occupancy, revocation of land use permit approval and/or any other lawful action the City might deem reasonable and appropriate to bring about compliance. All Standard 82. All graffiti shall be removed from the Property within 48 hours of its application. Building/ Planning/ Public Works Standard ATTACHMENT 1 31EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 22 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification ON-GOING 83. The Property Owner shall maintain all street trees along the property frontage at his/her sole cost and expense. Public Works Standard 84. All mitigation measures set forth in any environmental document relating to the Project (including any reports of the type contemplated by the California Environmental Quality Act) shall be completed as specified therein. Planning Standard 85. The Director, or his or her designee, shall conduct follow-up inspections on the design, operation and maintenance of the Project after full operation of the Project has commenced, as set forth in this Condition. A report on the Project traffic mitigations, on-site circulation, parking, project design, maintenance and operation shall be reviewed by the Planning Commission six months after occupancy of the Project. In the event the Project is not in full compliance with the approved Project plans, Project conditions of approval and approved Comprehensive Plan, the matter shall be set for public hearing pursuant to CCMC Chapter 17.660 – Revocations and Modifications. Planning Special 86. Changes or alterations to this Comprehensive Plan shall not be considered minor (and therefore shall not be subject to administrative approval pursuant to CCMC Section 17.560.025) if they will: a) Alter the exterior appearance of the project; b) Alter the materials being used on the exterior of the project (unless the new materials are of equal or better quality and are so similar in appearance to the materials on the approved materials board that the difference would not be noticed by a reasonably observant person); or c) Alter the floor plans in any material way, or increase the size of any one or more of the following areas: retail, restaurant, outdoor dining, and/or office. Planning Special ATTACHMENT 1 32EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 23 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification ON-GOING 87. The applicant shall be responsible for installing “way finding signs” for the TOD District as provided in the Washington National Streetscape Plan as determined by the Director. Planning Special 88. The total floor area of retail and restaurant (including bars and nightclubs) uses shall not exceed 41,745 square feet. Restaurants (including bars and nightclubs) shall not exceed 35% of the overall retail/restaurant floor area. Planning Special 89. The courtyard trees shall be a minimum 72 inch box size at installation and the exact location and final species selection shall be subject to review and approval by the City’s Landscape Architect. Planning Special ATTACHMENT 1 33EXHIBIT B Ordinance No._______________ Case Nos. ZCMA P-2012020,CP-P2012018 AND MND P-2012019 Page 24 of 24 NO. CONDITIONS OF APPROVAL Agency Source Compliance Verification ON-GOING 90. Inspections of the on-site parking and valet parking operations shall be conducted by the Planning Manager and the City’s Traffic Engineer at 6-month, 12-month, and 24-month periods after full operation of the Project. Thereafter, follow-up inspections shall be conducted on a case by case basis as determined necessary by the City. If it is determined (i) that the number of on-site parking spaces is not sufficient to satisfy demand, or (ii) that the valet parking operations are not adequately serving the Project, or (iii) that the Project’s parking facilities or operations are in any other way not fully and adequately serving the customers, patrons, employees, suppliers and contractors of the Project, then additional methods to provide fully adequate on-site parking shall be devised, such additional requirements shall be set forth in a revised valet parking plan acceptable to the City, and said plan shall be promptly and fully implemented. If fully adequate parking cannot be provided by the above methods, the demand for parking at the Project shall be reduced in a manner acceptable to the City (by, for example, reducing the amount of outdoor dining area), until the parking that can be provided will be adequate for the reduced demand. Planning Special ATTACHMENT 1 34