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
Zone No. 12 (Zoning Code Map Amendment, ZCMA-P2012118) and approving a
Comprehensive Plan (CP P-2012116) for a mixed use development consisting of
approximately 31,240 square feet of commercial uses and 115 residential units
located at 8770 Washington Boulevard (the “Project”).
BACKGROUND / DISCUSSION:
At its meeting of December 12, 2012, the Planning Commission unanimously
recommended to the City Council approval of Zoning Code Map Amendment ZCMA-
P2012118, establishing PD Zone No. 12, and Comprehensive Plan CP P-2012116,
to allow development of the proposed Project.
Meeting Date: 02/11/13 Item Number: C-6
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. 12 Zoning
Code Map Amendment (ZCMA P-2012118) and Approving a Comprehensive Plan
(CP P-2012116) to Allow a Mixed Used Development Consisting of Approximately
31,240 Square Feet of Commercial Uses and 115 Residential Units Located at 8770
Washington Boulevard.
Contact Person/Dept.:
Susan Yun,
Thomas Gorham
Phone Number:
310-253-5755
310-253-5727
Fiscal Impact: Yes [X] No [] Fiscal Impact: Yes
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: 12/10/12
Planning Commission
Public Notification: (Email) Meetings and Agendas – City Council (02/05/13)
Department Approval:
Sol Blumenfeld: (01/31/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (01/31/13)
Chief Financial Officer Approval:
Jeff Muir (02/05/13)
City Manager Approval:
John M. Nachbar (02/05/13) City of Culver City, California
Agenda Item Report
At the City Council meeting of January 28, 2013, the City Council unanimously
approved for introduction the proposed Ordinance approving Zoning Code Map
Amendment ZCMA-P2012118 and Comprehensive Plan CP P-2012116 with the
following clarifications to the Project conditions of approval:
• Condition No. 27 – This condition was clarified to require the Construction
Management Plan be reviewed by both the Building Official and the
Planning Manager and in addition to meeting and advising the inspectors of
the construction schedule, the developer is also required to discuss general
construction operations and allowable work hours prior to commencing
construction.
• Condition No. 52 – The language in this condition was clarified to “require”
rather than using the developer’s “best efforts” to ensure that construction
related parking occurs on the property or at designated offsite locations
approved by the City.
• Condition No. 102 –This condition was clarified to require that “for the public
open space area, the Director, or his or her designee, shall conduct follow-
up inspections annually for five years to ensure that the public open space
area is maintained and operated in a manner consistent with the approved
Comprehensive Plan.” In addition, further clarification was made to require
that the inspection report specifically include a report on any neighborhood
parking intrusions and public parking operations.
The Ordinance, with the above corrections, is brought back tonight for adoption by
the City Council.
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: 2/11/13
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. 12 Zoning Code Map
Amendment (ZCMA P-2012118) and Approving a Comprehensive Plan (CP P-
2012116) to Allow a Mixed Used Development Consisting of Approximately 31,240
Square Feet of Commercial Uses and 115 Residential Units Located at 8770
Washington Boulevard.
ATTACHMENTS
Pages
1. Proposed Ordinance and Exhibit A, Zone Change Map
and Exhibit B, Conditions of Approval. 1 - 47
1 ORDINANCE NO. 2013-
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AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, 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. 12 AND APPROVING
COMPREHENSIVE PLAN, CP-P2012116, CONSISTING OF A MIXED USE
DEVELOPMENT CONSISTING OF APPROXIMATELY 31,240 SQUARE FEET
OF RETAIL AND RESTAURANT USES AND 115 RESIDENTIAL DWELLING
UNITS LOCATED AT 8770 WASHINGTON BOULEVARD IN THE EAST
WASHINGTON OVERLAY (EWO), COMMERCIAL GENERAL (CG) AND
INDUSTRIAL GENERAL (IG) ZONE, AND RELATED ZONING CODE MAP
AMENDMENT, ZCMA P-2012118.
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(ZCMA P-2012118 AND CP-P2012116)
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13 WHEREAS, on August 9, 2012, Legado Companies and Legado Crossing, LP, as the
14 applicant and property owner (the "Applicant") of 8770 Washington Boulevard, filed an
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application for a Comprehensive Plan and Zoning Code Map Amendment for Planned
Development District No. 12, consisting of a 5-story mixed use transit oriented development
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of approximately 31,240 square feet of ground floor commercial uses, and 115 residential
19 dwelling units, providing a total of 344 parking spaces in two levels of subterranean parking
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(the "Project"), the Project site described more fully as Lots 2 through 15 of Tract No. 3772,
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in the City of Culver City, County of Los Angeles, State of California; and,
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23 WHEREAS, in order to implement the proposed Project, approval of the following
24 applications is required:
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1. Zoninq Code Map Amendment: For consistency between land use designation
and zoning, specifically the zone change of the Project site from the East Washington
Overlay (EWO), Commercial General (CC) Zone, and industrial General (IC) Zone to a
Planned Development (PD) Zone: and
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Page 1 2. Comprehensive Plan: To ensure the Project is in compliance with all required
standards and City ordinances and establish all onsite and offsite conditions of approval to
reflect the site features and compatibility of the proposed Project with the uses on adjoining
properties.
WHEREAS, on December 12, 2012, after conducting a duly noticed public hearing on
the subject applications, including full consideration of the application, plans, staff report,
environmental information and all testimony presented, the Planning Commission (i) adopted
a Mitigated Negative Declaration, in accordance with the California Environmental Quality Act
(CEQA), finding the Project, as mitigated, will not result in significant adverse environmental
impacts; and (ii) adopted Resolution No. 2012-P013 recommending to the City Council,
approval of Zoning Code Map Amendment, ZCMA P-2012118 and Comprehensive Plan, CP-
P2012116, (the adopted Mitigated Negative Declaration and Resolution No. 2012-P013 are
incorporated by this reference as though fully set forth herein); and,
WHEREAS, on January 28, 2013, after conducting a duly noticed public hearing on
the subject application, including full consideration of the application, plans, staff report,
environmental information, Planning Commission recommendation, and all testimony
presented, the City Council (i) by a vote of 5 to 0, determined that no new information has
become available and no changes in the proposed Project have been made since the
Planning Commission adopted the Mitigated Negative Declaration and, therefore, no
additional environmental analysis is required; and (ii) by a vote of to , introduced,
for first reading, the Ordinance approving Zoning Code Map Amendment, ZCMA P-2012118,
for Planned Development Zone No. 12, and Comprehensive Plan, CP-P2012116 (the
"Ordinance"); and
WHEREAS, on February 11, 2013, the City Council, by a vote of to
adopted the Ordinance as set forth herein below.
Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA, RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to the foregoing recitations and the provisions of Culver City
Municipal Code (CCMC), the following findings are hereby made:
Zoning Code Map Amendment for Planned Development Zone No. 12:
As outlined in CCMC Title 17, Section 17.620.030.A, the following required findings for a
Zoning Code Map Amendment are hereby made:
1. The proposed amendment ensures and maintains internal consistency with the
goals, policies and strategies of all elements of the General Plan and will not
create any inconsistencies with this Title, in the case of a Zoning Code
Amendment.
The proposed Zoning Code Map Amendment ensures and maintains internal
consistency with the goals, policies and strategies of the General Plan. Specifically,
the Zoning Code Map Amendment will change the zoning of the Site from the EWO,
CG and IG zones to a PD zone and will make the Site consistent with the General
Plan Land Use "General Corridor" designation.
The proposed zone change will allow for the development of the Site for a Transit
Oriented Development (TOD) comprised of a mix of compatible land uses including
retail, restaurant, and residential, adjacent to the Expo Transit Station. The proposed
zone change furthers Objectives 2, 4, 5, 6, 8, 10 and 12 of the General Plan Land Use
Element by establishing development standards that would provide additional housing,
quality living and pedestrian environments, promote economic vitality with
neighborhood serving retail and restaurants, revitalize the commercial corridors
adjacent to the TOD area which are currently undeveloped or vacant, and enhance
visual quality by utilizing sustainable urban design principles and provide streetscape
improvements along commercial corridors. The proposed Zoning Code Map
Amendment will not result in inconsistency with the General Plan.
2. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience or welfare of the City.
The proposed Zoning Code Map Amendment is not detrimental to the public interest,
health, safety, convenience or welfare of the City. The proposed zone change from
EWO, CG, and IG to Planned Development Zone No. 12 with related development
and land use standards, will implement a mixed used TOD on the Site through a
Comprehensive Plan while mitigating any potentially significant development impacts.
Page 3 The PD zoning designation will create a unique, pedestrian oriented development that
fits within surrounding commercial and residential neighborhoods and is consistent
with redevelopment goals for the area. Further, the PD zoning is intended to ensure
harmonious Site development within Culver City as well as nearby Los Angeles as a
sustainable mixed use project that effectively brings housing, shopping and
employment together with transit in order to promote important goals of improved air
quality, regional mobility, and multi-modal approaches to transit. The PD zoning will
focus the types of uses and development standards consistent with the goals and
objectives of a mixed use TOD area, No health or safety hazards have been identified
in the review of the proposed zone change.
3. The proposed amendment is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed Zoning Code Map Amendment is in compliance with CEQA as more
fully detailed in the Project's environmental documentation, including, but not limited
to, the Initial Study, Mitigated Negative Declaration and Project traffic study. Potential
impacts to various environmental factors such as cultural resources, geology and
soils, noise, traffic, and utilities, as reviewed in the Initial Study will be mitigated.
Further mitigation of Project impacts will be achieved through various green building
methods that include, where feasible, use of local manufactured products, high rated
building insulation, and filtration of rain water from the roof into planters prior to
discharging into the public storm drain system to reduce storm water run-off. Other
sustainable development practices will include photovoltaic electricity generation, low
flow fixtures and low consumption urinals, drought tolerant vegetation, dual low
emissivity glazing, and façade shading elements to reduce solar heat gain. In
accordance with CEQA, the Project's greenhouse gas emission impacts were
reviewed and found to have a less than significant environmental impact on the
surrounding area. Carbon emission reduction procedures have been incorporated into
the Project, which include bicycle racks spread throughout the site and bicycle
facilities including lockable areas, and preferred parking for low emission vehicles, and
sourcing products from local manufacturers when possible.
As outlined in CCMC Title 17, Section 17.620.030.B, the following additional required finding
for a Zoning Code Map Amendment is hereby made:
23 4. The sites are physically suitable (including access, provision of utilities,
compatibility with adjoining land uses and absence of physical constraints) for
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A complete review by City staff has determined that the Project site as conditioned, is
in compliance with all applicable design standards and all public services can be
provided; therefore, the site is physically suitable (including access, provision of
utilities, compatibility with adjoining land uses and absence of physical constraints) for
the requested zoning designation and anticipated land use development as outlined in
the Comprehensive Plan.
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Page 4 The mixed use development project has been sited and designed to be integral to the
TOD area and will create a transition from the Exposition Light Rail Transit station,
other planned TOD projects nearby and commercial retail and restaurant uses further
east toward the Helms Bakery Complex and Arts District area. Commercial retail and
restaurant uses are located on Washington Boulevard while commercial service and
creative office uses are located along Wesley Street. Residential neighborhoods are
east of the Site both south and north of Washington Boulevard. The proposed mixed
use development will fit within this fabric of multiple and varied types of land uses
while providing local market, retail, and restaurant opportunities for local residents that
will be a part of this and other planned TOD mixed use projects nearby. The height of
the proposed structures and existing structures to remain do not exceed the 56 foot
height limit and comply with Zoning Code setback and parking requirements.
Vehicular access to the Project site has been located at physically suitable locations
on Washington Boulevard and Wesley Street.
In sum, the proposed use of residential, retail, and restaurants is compatible with
existing land uses. The site occupies corner to corner parcels with frontages on
Washington Boulevard as well as National Boulevard and Wesley Street. The
Washington Boulevard frontage makes the site ideal for a pedestrian facing retail
project. The existing and proposed utility services such as water, sewer, and gas line
are adequate for the proposed uses.
Comprehensive Plan for Planned Development Zoning District No. 12:
As outlined in CCMC Title 17, Section 17.560.020, the following required findings for a
Comprehensive Plan are hereby made:
A. The proposed Comprehensive Plan can be substantially completed within four
years.
According to the Applicant, the proposed Project is planned and scheduled to be
complete within four years (most likely within two years). The Applicant owns the land
and has the capital to build the entire Project at one time and not in phases.
Construction is expected to begin in mid/end-2013 with substantial completion by
mid/end 2014, provided approval of the requested entitlement is granted.
B. The proposed development is capable of creating an environment of sustained
desirability and stability or adequate assurance will be provided such objective
will be attained.
The proposed development will create an environment of sustained desirability and
stability by providing the neighborhood with residential and commercial uses that will
serve the surrounding business and residential neighbors. The Hayden Tract, Helms
Bakery Complex, and East Washington areas have flourishing office and retail
populations, residential communities and dynamic art, food, and design
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Page 5 establishments. The proposed Project, consisting of residential, retail, and dining and
a community public open space area tie all of these various uses together assuring
this area's continued success. The proposed Project will enhance and sustain the
desirability and stability of the entire neighborhood. Further, Project amenities such as
public parking and open space; private open spaces for the residential component;
and proximity to multi transit opportunities such as the Expo Light Rail line, local bus
lines, bike lanes, and conventional street and freeway infrastructures will assist in
establishing a stable commercial and residential neighborhood.
C. The proposed uses will not be substantially detrimental to present and potential
surrounding uses but will have a beneficial effect.
A mix of transportation, light industrial and commercial uses currently surround the
Project site, including the Exposition Light Rail Transit station, Helms Bakery Complex,
restaurant supply store, warehousing and distribution facilities, and various retail and
office establishments. The proposed Project uses of residential, retail, and
restaurants will be compatible with the surrounding areas. The Project site is currently
vacant and empty with a paved surface parking lot previously occupied by a lumber
supply company. The proposed Project will have a beneficial effect by developing the
site with active uses, new housing, retail and restaurant opportunities, pedestrian
friendly public open spaces and a vibrant and enhanced streetscape.
D. The streets and thoroughfares serving the development are suitable and
adequate to carry anticipated traffic and the development will not generate
traffic that will overload the adjacent street network.
A comprehensive traffic study for the Project was prepared in 2010 and updated in
2012. The traffic study identified improvements to be made in order to limit traffic
impacts to less than significant. Sufficient improvements to the roadways and other
public rights-of-way have been included in the Project design and incorporated into the
conditions of approval for the Project, ensuring that the surrounding roadways will be
suitable and adequate to carry the anticipated traffic created by the Project.
E. The proposed development is compatible with the surrounding area.
The surrounding area is comprised of commercial, retail and light industrial buildings.
Residential neighborhoods are located further south and east of the Project site. The
proposed development is a mixed use development containing both residential and
commercial retail and restaurant uses and is therefore compatible with the
surrounding uses.
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F. The types and locations of any proposed commercial development can be
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economically justified.
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The Project incorporates 31,240 square feet of leasable commercial (retail and
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restaurant) space. The commercial uses are designed to serve the residents of the
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Page 6 residential units within the Project itself, as well as the surrounding existing and
proposed office, residential and commercial development. The proposed
development density of the area along with existing adjacent commercial and
residential areas will provide an adequate consumer base for the proposed
commercial uses.
G. The Comprehensive Plan is in conformance with the General Plan, or a
concurrent General Plan amendment is in process.
The proposed Comprehensive Plan is in conformance with the goals, policies and
strategies of the General Plan. Specifically, the Comprehensive Plan will make the
site consistent with its General Plan Land Use "General Corridor" commercial
designation. The proposed mix of uses proposed as part of the Comprehensive Plan
are more consistent with the site's general plan commercial designation than with the
current East Washington Overlay and Industrial General zoning. The Comprehensive
Plan will allow for a mixed use TOD consisting of pedestrian oriented ground floor
retail and restaurants with outdoor dining; residential uses above the retail and/or
restaurant spaces; and pedestrian friendly public open space; as well as
enhancements to the streetscape along Washington Boulevard, National Boulevard
and Wesley Street, and will further the goals and objectives as outlined in Objectives
2, 5 through 8, 10, and 12 of the General Plan Land Use Element. The proposed
Project will provide new housing supply consistent with the City Mixed Use
Development Standards and encourage reinvestment in this area thereby improving
economic vitality, visual quality, and the pedestrian environment.
H. Any exception from the standards and requirements of this Title is warranted by
the design and amenities incorporated in the Comprehensive Plan and is
desired by the Council.
No exceptions to the standards and requirements of the City's Zoning Code have
been requested for this Project. The increase in residential density is in compliance
with the Mixed Use Development Standards and Community Benefit required by the
City, represented by the public open space area being provided at the intersection of
Washington Boulevard and National Boulevard.
I. Existing and proposed utility services are adequate for the proposed uses.
Review of the Project by the City's Public Works Department has determined that the
proposed utility services and existing utilities that will serve the site are adequate for
the proposed uses.
26 J . The Comprehensive Plan has complied with all applicable City requirements.
The Comprehensive Plan has been prepared in conformance with the Culver City
Municipal Code, including the Zoning and Building Codes. This includes submission
and review of a proposed site plan and uses; preliminary building plans; landscaping,
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Page 7 and lighting; and civil engineering plans. Review by City departments of these plans
has determined that the Comprehensive Plan is in compliance with all applicable City
requirements.
SECTION 2. Pursuant to the foregoing recitations and findings, the City Council of the
City of Culver City, California, hereby adopts Comprehensive Plan, CP-P2012116 and
Zoning Code Map Amendment, ZCMA P-2012118, establishing Planned Development Zone
No. 12, as set forth in Exhibit A, Zone Change Map, attached hereto, and subject to the
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conditions of approval as set forth in Exhibit B attached hereto and incorporated herein by
this reference.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take
effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the
13 City Charter, prior to the expiration of fifteen days after the adoption, the City Clerk shall
cause this Ordinance, or a summary thereof, to be published in the Culver City News and
shall post this Ordinance or a summary thereof in at least three places within the City.
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SECTION 4. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason
of any preemptive legislation, then the City Council would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this
ordinance and as such they shall remain in full force and effect.
APPROVED and ADOPTED this
day of ,2013.
ANDREW WEISS MAN, MAYOR
City of Culver City, California
ATTESTED BY:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB- , City Attorney
Page 9 Or di nance No.EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 1 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
GENERAL
1. These Conditions of Approval are being
imposed on Legado Planned Development and
Comprehensive Plan, a mixed use development
of 31,240 square feet of retail and restaurant
floor ar ea, 115 residential units , and two levels
of subterranean parking providing a total of 344
parking spaces and a 7,198 square foot Public
Open Space area in exchange for increased
residential density of an additional 53 units (the
“Project”), for the property located at 8770
Washington Boulevard (the “Property”).
All Standard
2. A copy of th e 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 application s 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 prov ided 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 w ith
the Planning Division prior to the expiration of
the land use permit.
Planning Standard EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 2 of 37
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 L and 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 L and 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. Drainage devices, concrete curb s and gutter s,
sidewalks, drive approach es, and roadway
pavement shall be designed in conformity with
all provisions of the latest edition of the
American Public Works Association Standar d
Plans (“APWA Standards”).
Public
Works
Standard EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 3 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
GENERAL
13. At the sole cost and expense of the Property
Owner, any broken or damaged curbs, gutter s,
sidewalks, and street pavement resulting from
construction of the Project shall be repaired and
reconstructed in conformity with APWA
Standards.
Public
Works
Standard
14. 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
15. All Project related solid and recyclable waste
material handling shall b e 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
16. The Project shall meet all provisions of CCMC
Section 7.05.015 -”Transportation Demand and
Trip Reduction Measures”.
Trans. Standard
17. 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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 4 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
GENERAL
18. Any new utilities shall be placed underground or
enclosed within the building construction; no
new overhead utilities shall be permitted.
Building/
Planning
Standard
19. The Project shall comply with all applicable
requirement of the Culver City Green Building
Program as set for th in CCMC Section
15.02.1100, et.seq.
Building Standard
20. The Project shall comply with the all applicable
requirements relating to s olar photovoltaic
requirements as set forth in CCMC Section
15.02.100, et. seq.
Building Standard
21. 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
22. The Project shall comply with CCMC Section
17.400.065 - “Mixed Use Development
Standards”.
Planning Special
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 5 of 37
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 A pplicant 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 a pproval 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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 6 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
27. A Construction Management Plan prepared by
the construct ion 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 and Planning Manager .
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 to discuss general
construction operation s and allowable work
hours.
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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 7 of 37
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 eng ineer
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 loca l police, fire,
and emergency response agencies.
Coordination shall include the assessment of
any alternative access routes that might be
required through the Pr operty, 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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 8 of 37
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 shal l 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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 9 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
34. An Archaeologist and Paleontologist
professional approved by the City shall
monitor all phases of excavation for the
project site in order to identify and recover
where feasible, the presence of
archaeological and/or paleontological
resources. Should such resources be
identified established Federal and State rules
and guidelines for the cataloging and final
disposition of such resources shall be
applied and followed. This shall include but
not be limited to halting of construction
activities in the work area where the
resources are identified, notifying the Los
Angeles County Coroner and the appropriate
Native American organization of such
resources, and notifying the Los Angeles
County Natural History and Page museums.
Final disposition of Native American remains
shall follow Federal and State rules and
guidelines for such remains. Identified
paleontological resources shall be donated
to the Los Angeles County Natural
History/Page museums or some other
museum as deemed appropriate by the
Paleontologist. A final report or reports
cataloging all findings shall be submitted to
the City by the Archaeologist and/or
Paleontologist professional within one year
of issuance of the Certificate of Occupancy.
Planning/
Building
Mitigation
Measure
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 10 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
35. A Lot Assembly 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 2
through 15 of Track No. 3772 as one parcel,
shall be executed 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/
City
Attorney
Special
36. A Public Open Space Covenant and
Agreement shall be executed by the
Applicant/Property Owner and recorded in
the County Recorder’s office, on a form
provided by the Planning Division and in
form and substance acceptable to the City
Attorney and Community Development
Director, requiring the Project Community
Benefit public open space to be maintained
in a clean and sanitary condition and open
and available to the public during normal
public park operation hours as determined
by the City for the life of the Project. After
recordation, a certified copy bearing the
Recorder’s number and date shall be
provided to the Planning Division.
Planning/
City
Attorney
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 11 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
37. A Public Replacement Parking Easement
Agreement, on a form provided by the
Planning Division and in form and substance
acceptable to the City Attorney and
Community Development Director, by which
the Applicant/Property Owner shall grant the
City an easement for 15 public parking
spaces available during normal Project
business hours (minimum 10 hours per day)
in the Project’s Public Parking area,
providing ingress and egress for parking
enforcement, parking meter maintenance
and revenue collection shall be executed by
the Applicant/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/
City
Attorney
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 12 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
38. An Affidavit for Acceptance of Community
Benefit Conditions, on a form provided by
the Planning Division and in form and
substance acceptable to the City Attorney
and Community Development Director, shall
be signed by the Applicant/Property Owner
certifying agreement to provide the required
Community Benefit as part of the Project
approval. Project approval shall not be
effective if the Applicant/Property Owner
fails to sign the affidavit and the Land Use
Permit granting increased density shall be
null and void. By signing the Affidavit, the
Applicant/Property Owner agrees to
construct the public open space pursuant to
Project plans approved by the Planning
Commission on December 12, 2012 and the
City Council on January 28, 2013. Minor
changes to the public open space plan may
be approved by the Community Development
Director relative to the placement of public
art and benches. If the Applicant/Property
Owner fails to provide or maintain the
required Community Benefit pursuant to the
Affidavit, then the Land Use Permit granted
by the City as part of the Project shall be
referred to the Planning Commission for
revocation pursuant to Chapter 17.660 of the
Zoning Code and the matter may be referred
to the City Attorney for enforcement
pursuant to Chapter 17.650 of the Zoning
Code.
Planning/
City
Attorney
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 13 of 37
39. Two (2) sets of on-site improvement plans
prepared by a civil engineer registered in the
State of California shall be submitted to the
Engineering Division for review, approval
and permitting. Among other things, the on-
site improvement plans shall include detailed
on-site drainage and grading of the site
indicated by topographical lines and spot
elevations. This plan shall be approved for
on-site construction only.
Public
Works
Special
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
40. Two (2) sets of off-site improvement plans
prepared by a civil engineer registered in the
State of California shall be submitted to the
Engineering Division for review, approval
and permitting for all proposed
improvements within the public right-of-way.
Separate plans for street improvements,
street light improvements, and sewer
improvements shall be prepared. Landscape
plans for the public parkway area and storm
drain plans for the relocation of existing
catch basins shall be included in the street
improvement plans.
Public
Works
Special
41. The off-site improvement plans shall reflect
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, National Boulevard
and Wesley Street frontage as determined by
the Community Development Director and
Public Works Director.
Public
Works
Special
42. Prior to the issuance of Grading or Building
Permits, the Applicant shall obtain a General
Construction Activities NPDES Permit from
the State Water Resources Control Board via
a Waste Discharger Identification (WDID)
number. This will include the filing of a
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 14 of 37
Notice of Intent (NOI) and Stormwater
Pollution Prevention Plan (SWPPP) with the
State. A copy of the SWPPP and WDID shall
be provided to the Engineering Division prior
to the approval of the Local Stormwater
Pollution Prevention Plan (LSWPPP).
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
43. Concurrent with the submittal of the on-site
improvement plan, a Standard Urban
Stormwater Mitigation Plan (SUSMP) shall be
submitted for review and approval by the
City Engineer as outlined in CCMC Chapter
5.05. The SUSMP shall be developed and
implemented in accordance with the
requirements of the Los Angeles County
Municipal Stormwater National Pollution
Discharge Elimination System (NPDES)
Permit No. CAS614001 (Order No. 01-182).
The SUSMP shall provide Best Management
Practices (BMP’s) that adequately address
the pollutants generated during the post-
construction stage and shall be designed for
filtration, infiltration and retention for the
first three-quarter inch (3/4”) of rainfall. The
site improvement plans shall note the
contractor shall comply with the “California
Stormwater Best Management Practice
Handbooks”. The Site Improvement Plans
shall not be accepted for review unless the
SUSMP is included in the submittal package,
including the plan check fee associated with
the SUSMP. Said SUSMP shall be used to
guide the “Conceptual – Not For
Construction” Post Development Hydrology /
SUSMP Map. The approval of the SUSMP is
required prior to issuance of the Site
Improvement Plan. The SUSMP shall cover
the new building and parking lot. The Site
Improvement Plans shall not be accepted for
review unless the SUSMP is included in the
submittal package, including the plan check
fee associated with the SUSMP.
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 15 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
44. Concurrent with the submittal of the on-site
improvement plan, a Local Storm Water
Pollution Prevention Plan (LSWPPP) shall be
submitted for review and approval by the
City Engineer. The erosion control plan shall
be developed and implemented in
accordance with the requirements of the Los
Angeles County Stormwater Quality
Management Program, NPDES Permit No.
CAS614001. The plan shall include the
design and placement of recommended Best
Management Practices (BMPs) to effectively
prohibit the entry of pollutants from the
construction site into the public street or
storm drain system. The improvement plans
shall note that the contractor shall comply
with the "California Storm Water Best
Management Practice Handbooks." Prior to
the start of design of these plans and of
necessary reports, the applicant’s Civil
Engineer shall meet with the City’s
Stormwater Program Manager to obtain
information on the City-specific and LSWPPP
requirements. The Storm Water Pollution
Prevention Plan shall be submitted to the
Engineering Division prior to any permit
issuance. The Site Improvement Plans shall
not be accepted for review unless the
LSWPPP is included in the submittal
package, including the plan check fee
associated with the LSWPPP.
Public
Works
Special
45. Foundation design shall follow the
recommendations of the project’s
geotechnical report, which include, but are
not limited to a mat foundation design,
continuous and/or pad footings, and a
reinforced foundation. Final foundation
design and inspection shall be determined
and approved by the structural and
geotechnical engineer.
Building Mitigation
Measure
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 16 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
46. The following mitigation package has been
designed to ensure that the City’s 45 dBA interior
noise standard is not exceeded in the Project.
These or equivalent measures shall be
implemented at the Applicants expense and
provided to the satisfaction of the Building
Official prior to issuance of building permits
and/or final inspection, as appropriate.
(A) Roof ceiling construction shall be roofing on
plywood. Batt insulation shall be installed in
joist spaces. The ceilings shall be one layer of
gypboard nailed direct.
(B) All exterior walls shall be 2x4 studs 16” on
center with batt insulation in the stud spaces.
Exteriors shall be exterior plaster or stucco.
The interiors shall be gypboard.
(C) The following window design and glazing shall
be incorporated into the design of the building
with the applicable Sound Transmission Class
(STC) rating and verified by the City Building
Official prior to building permit issuance and
final inspection. These requirements are only
applicable to windows facing the perimeter of
the project site and not windows facing the
interior of the project site. The glazing
supplier shall be required to submit a test
report documenting the required STC rating for
windows required to be STC 32 or greater,
which shall be prepared in an independent,
accredited testing laboratory in accordance
with ASTM E-90.
o STC rating of 34 on the south side of the
building
o STC rating of 32 on the northwest side of
the building
o STC rating of 22 on the northeast side of
the building
o STC rating of 32 on the southeast side of
the building.
(D) All entry doors shall be 1-¾” solid core flush
wood doors with vinyl bulb weather stripping
on the sides and top.
(E) There shall be no mail slots in the entry doors.
(F) There shall be no ventilation openings in the
exterior walls or roof/ceilings without
approved acoustical baffles.
Building/
Planning
Mitigation
Measure
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 17 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO BUILDING PERMIT ISSUANCE
47. The Project plans shall be submitted to the
Southern California Gas Company for review
and approval prior to excavation and
shoring.
Building Special
DURING CONSTRUCTION
48. 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 Prop erty 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
49. The Property shall be maintained daily so that it
is free of trash and litter.
Building Standard
50. During construction, dust shall be controlled by
regular watering or other methods as
determined by the Building inspector.
Building Standard
51. 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
52. During all phases of construction, the developer
shall 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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 18 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
DURING CONSTRUCTION
53. 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
54. Prior to the commencement of any excavation, a
temporary construction fence shall be installed
around the site. The height and fence mater ial
is subject to approval by the City Engineer and
the Planning Manager.
Building/
Planning/
Public
Works
Standard
55. 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
56. All staging and storage of construction
equipment and material s, 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
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 19 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
DURING CONSTRUCTION
57. 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 EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 20 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
DURING CONSTRUCTION
58. In the event three citations are issued in
connection with the Project for violations of
these Conditions of Approval or fo r 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 wil l be able to proceed in full
compliance with these Conditions of Approval
and the CCMC.
Building/
Planning
Standard
59. Flag persons with certified training shall be
provided for work site traffic control to minimize
impacts to traffic flow and to ensure th e safe
movement of vehicles into and out of the
Property.
Building/
Public
Works
Standard
60. During construction, trucks and other vehicles in
loading and unloading queues must be parked
with their engines off to reduce vehicle
emissions. Construction del iveries shall be
phased and scheduled to avoid emissions peaks
as determined by the Building Official and
discontinued during second-stage smog alerts.
Building Standard
61. 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
62. Project shoring piles shall be bored, not
driven.
Building Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 21 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
63. 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 September 27 , 2012
Project Review Committee meeting (or from
updates from the City thereafter) on the L and
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
64. All requirements of th e City’s Residential
Development Park Dedication and In Lieu
Parkland Fees, as set forth in CCMC Section
15.06.300, 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 in- lieu parkland
fee, the same shall be paid prior to the issuance
of a building permit.
Planning/
Parks
Standard
65. 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
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 22 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
66. 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 struct ure 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
67. A Mixed Use Covenant and Agreement, on a
form provided by the Planning Division and
in form and substance acceptable to the City
Attorney, related to the occupancy by
residents of a mixed use development
pursuant to Culver City Municipal Code
Section 17.400.065.D.4 shall be executed 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. The
Property Owner shall provide a copy of the
recorded Mixed Use Covenant and
Agreement to each residential occupant of
the Project.
Planning Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 23 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
68. Transit Oriented Development Streetscape
Plan (TODSP) - Street trees, tree wells, tree
grates, planters, special paving, landscape
irrigation, way finding signs and other
streetscape improvements shall be installed
along the Project frontage of Washington
Boulevard, National Boulevard and Wesley
Street in accordance with the TODSP. The
Applicant shall submit a separate landscape
and irrigation plan coordinated with the
TODSP to the Planning Division and
Engineering Division for review, approval,
and permitting. Irrigation within the public
right-of-way shall be connected to the private
on-site irrigation system. All existing street
trees along the project’s frontage, including
both sides of Wesley Street, shall be
removed. The tree surrounds on
Washington Boulevard shall be salvaged and
delivered to the City’s maintenance yard.
Planning
/ Public
Works
Special
69. Secure bicycle parking shall be provided to
accommodate fifty (50) bicycles. The bicycle
parking shall be provided to accommodate
twenty-four (24) long-term and twenty-six
(26) short-term parking positions. The long-
term spaces shall be provided in individual
bike lockers or bike racks in a secure locking
fenced enclosure, accessible only to
residential bike owners, on the lower level of
the project’s parking garage. The short-term
spaces shall be provided at grade both on-
site and on the adjacent public sidewalk
right-of-way, using thirteen (13) City
approved “Inverted - U” Bicycle Racks
meeting the minimum standards specified in
the City’s Bicycle and Pedestrian Master
Plan Design Guide, Section 1.8.2., page 34.
Each inverted U-Shape rack provides 2
spaces. Exact location of the Bicycle Racks
in the public right-of-way shall be approved
by the City Engineer.
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 24 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
70. Wesley Street shall be widened to provide a
curb-to-curb width of thirty-six (36) feet. This
widening shall be accomplished within the
existing street right-of-way by narrowing the
existing sidewalks from ten feet to seven feet
and shall extend from Washington Boulevard
southerly to the reconstructed cul-de-sac.
Public
Works
Special
71. Wesley Street shall be fully reconstructed
within the required area to be widened. This
reconstruction shall include, but not be
limited to, new sidewalks, curbs and gutters,
drive approaches, street trees, tree wells,
and the full replacement of the existing
asphaltic concrete (AC) pavement and base.
The new pavement structural section shall
be based on an R-Value test and a Traffic
Index of ten as performed and recommended
by the applicant’s geotechnical engineer and
as approved by the City Engineer. The
minimum structural section shall be 4-inches
of AC pavement on 6-inches of crushed
aggregate base (CAB).
Public
Works
Special
72. Wesley Street shall be striped to provide for
a 12-foot wide southbound lane, a 12-foot
wide northbound left turn lane, and a 12-foot
wide northbound right turn lane at the
intersection with Washington Boulevard.
During final design of the construction plans,
City Traffic Engineering staff will thoroughly
review the restriping of this street and
determine the number of parking spaces that
can be retained. All other non-parking areas
along Wesley Street shall be signed as “No
Parking” or be provided with red curb. This
striping shall be designed to the satisfaction
of the City Engineer.
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 25 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
73. The drive approach on Washington
Boulevard shall be designed per the City’s
High Speed Drive Approach Standard or a
curb return type drive approach having an
adequate curb radius as determined by the
City Engineer. All proposed drive
approaches shall be ADA accessible.
Public
Works
Special
74. The existing curb and gutter and sidewalk of
Washington Boulevard along the project’s
frontage shall be removed and
reconstructed. The new curb height shall
match existing, but not be less than 6-
inches.
Public
Works
Special
75. The existing asphalt paving of Washington
Boulevard shall be reconstructed by milling
a minimum of two-inches and inlaying with
new asphalt pavement. The limits of the new
paving shall be from the southerly edge of
gutter to the centerline of the street and
extend from the westerly edge of the
crosswalk at National Boulevard to just
easterly of Wesley Street to the join of any
new work caused by the reconstruction of
the southeasterly curb return at this
intersection. Any striping removed by this
work shall be replaced with thermoplastic
paint to the satisfaction of the City Engineer.
Public
Works
Special
76. Existing parking along the Washington
Boulevard frontage shall be eliminated and
the existing parking meter heads and posts
shall be salvaged and delivered to the City
maintenance yard. Red curb shall be painted
along this reach of Washington Boulevard.
Public
Works
Special
77. A dedication to the City for the necessary
street right-of-way along Washington
between National Boulevard and Wesley
Street to create a uniform 100 foot street
right-of-way and a twelve-foot wide sidewalk
shall be provided.
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 26 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
78. The north and south side of Washington
Boulevard shall be restriped to provide for a
five foot bike lane between National
Boulevard and Wesley Street. The existing
parking along the north side of Washington
Boulevard shall be maintained. 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
79. The proposed driveway on Washington
Boulevard shall be signed and restricted to
right turns in and right turns out.
Public
Works
Special
80. A 12-foot wide sidewalk shall be installed
along the project’s frontage with National
Boulevard.
Public
Works
Special
81. The existing asphalt paving of National
Boulevard shall be reconstructed by milling
a minimum of two-inches and inlaying with
new asphalt pavement. The limits of the new
paving shall be from the easterly edge of
gutter to the centerline of the street and
extend from the northerly edge of the
crosswalk at National Boulevard southerly to
the new asphalt paving recently installed by
the MTA. The crosswalk across National
Boulevard at this side of the intersection
shall be restriped and any traffic loops
removed due to the pavement reconstruction
shall be replaced. All striping and pavement
markers that are required for this portion of
National Boulevard shall be installed with
thermoplastic paint. This work shall be
designed and installed to the satisfaction of
the City Engineer.
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 27 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
82. All concrete used in the public right-of-way
shall have a minimum strength of 3250 psi.
Public
Works
Special
83. A signing and striping plan for National
Boulevard, Washington Boulevard, and
Wesley Street shall be submitted to the
Engineering Division for review, approval,
and permitting. All signs, striping, legends,
and markers shall conform to the current
edition of the California Manual on Uniform
Traffic Control Devices (MUTCD) and as
approved by the City Engineer. All striping
and legends shall be installed with
thermoplastic paint.
Public
Works
Special
84. The existing street light system along the
project’s frontage with National Boulevard
and Washington Boulevard shall be
converted to low voltage induction type
lighting. The existing street light on the east
side of Wesley Street shall be removed and
new street lights shall be installed on the
west side of the street from Washington
Boulevard southerly to the cul-de-sac. New
street light conduit, wiring, pull boxes, light
fixtures, and ballast shall be required. A
separate street lighting plan shall be
submitted to the Engineering Division for
review, approval, and permitting.
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 28 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
85. A new minimum 10-inch diameter sewer
main shall be constructed to accommodate
the project’s sewerage discharge. This main
shall also be designed to allow for the
collection of the future sewerage discharge
from the approximate 5 acre Washington
National TOD project located at the
northwest corner of the Washington National
Boulevard intersection. A diversion manhole
shall be installed in the existing 10-inch
sewer main located on the north side of
Washington Boulevard at Wesley Street.
This manhole shall be designed to divert the
future sewerage discharge volume from the
Washington/National TOD project south in
Wesley Street. The new 10-inch diameter
sewer main shall extend from the diversion
manhole in Washington Boulevard south in
Wesley Street across the MTA right-of-way
and National Boulevard and connect to the
first manhole in Wesley Street south of
National Boulevard. Prior to the issuance of
a building permit, a separate offsite sewer
plan shall be submitted to the Engineering
Division for review, approval, and permitting.
Public
Works
Mitigation
Measure
86. The westbound approach of Venice
Boulevard to Robertson Boulevard shall be
restriped to provide for an exclusive right
turn only lane. The design and installation of
this work shall be completed to the
satisfaction of the City of Los Angeles.
Public
Works
Mitigation
Measure
87. The southbound approach of National
Boulevard to Venice Boulevard shall be
restriped to provide for an exclusive right
turn only lane. The design and installation of
this work shall be completed to the
satisfaction of the City of Los Angeles.
Public
Works
Mitigation
Measure
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 29 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
88. An 11-foot wide right turn lane shall be
installed on National Boulevard for the
northbound approach to Washington
Boulevard. The right turn lane shall be 60
feet in length and have a 40-foot transition
for a total length of 100 feet. Minor
modifications to the width of the northbound
through lanes on National Boulevard may be
made in order to reduce the amount of street
dedication needed to install this right turn
lane. These modifications shall require the
approval of the City Engineer
Public
Works
Mitigation
Measure
89. A traffic signal shall be installed at the
intersection of Washington Boulevard and
Wesley Street. A new crosswalk across
Washington Boulevard shall be installed,
consistent with the City’s Transit Oriented
Development Streetscape Plan, at the east
side of this intersection. Audible signal
devices, LED countdown pedestrian heads,
and “Bulldog” type pedestrian push buttons
shall be installed on all signal poles that
control pedestrian crosswalks at this
intersection. A westbound left-turn signal
phase on Washington Boulevard shall also
be required. This new signal shall be
synchronized with the adjacent signals on
Washington Boulevard. Any other ancillary
work required to accomplish the above
described work, including but not limited to
installation of new signal poles, mast arms,
fire preemption, street lights, new service
and controller cabinets shall be included.
New signal poles shall be designed for 100
mph winds per CALTRANS standards. This
work shall be shown on a traffic signal 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
signal timing charts shall be submitted for
review.
Public
Works
Mitigation
Measure
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 30 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
90. City of Los Angeles Department of
Transportation (LADOT) requires additional
improvements at several intersections within
the City of Los Angeles to augment the
intersection restriping improvements. As
required by the City of Los Angeles
Department of Transportation (LADOT),
installation of closed circuit traffic
monitoring cameras at the intersections of
Cadillac Avenue and La Cienega Boulevard,
and at Fairfax Avenue and Venice Boulevard;
and installation of traffic signal controller
upgrades at the following eight intersections
identified by LADOT, shall be designed and
approved to the satisfaction of the City of
Los Angeles:
1. Exposition Blvd., Robertson Blvd., and
Venice Blvd.;
2. Helms Ave. and Venice Blvd.;
3. Cattaraugus Ave and Venice Blvd.;
4. Cadillac Ave and Robertson Blvd.;
5. Kincardine Ave, I-10 Fwy Westbound Off-
Ramp and Robertson Blvd.;
6. National Blvd., and Robertson Blvd.;
7. Culver Blvd., and Venice Blvd.; and
8. Fairfax Ave and Venice Blvd.
Public
Works
Mitigation
Measure
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 31 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
91. The existing raised median on Washington
Boulevard at Cattaragus Avenue shall be
modified to provide an east bound left turn
lane, designed and installed to the
satisfaction of the City Engineer. The raised
median shall maintain as much landscaping
as feasible while accommodating left turn
auto storage. The median shall be re-
landscaped to the satisfaction of the City’s
Landscape Architect.
Public
Works
Mitigation
Measure
92. A new traffic signal shall be designed at the
intersection of Washington Boulevard and
Cattaragus Avenue. The applicant shall be
responsible for 100% of the cost of this
design and shall contribute 25% of the cost
of the installation of this signal. This
contribution shall be in the form of the
installation of the required underground
conduits or other ancillary work that will
offset the required 25% cost. This work shall
be performed at the same time as the new
left turn lane is installed. The design and
installation of this work shall be to the
satisfaction of the City Engineer.
Public
Works
Mitigation
Measure
93. The existing curb return at the intersection of
Washington Boulevard and National
Boulevard, adjacent to the project site, shall
be reconstructed to a curb return radius of
35 feet. The new curb return shall have a
curb ramp designed to current APWA
standards and shall include truncated domes
(red brick in color). The existing cross walk
serving this side of the intersection shall be
restriped to match the new location of the
curb ramp. The existing traffic signal poles
at this corner shall be upgraded and
relocated to an approved location based on
the reconstructed curb return. If new signal
poles are required due to longer mast arms,
the new poles shall be designed for 100 mph
winds per CALTRANS standards. A corner
cut-off shall be dedicated to the City for
Public
Works
Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 32 of 37
street purposes to the satisfaction of the City
Engineer.
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
PRIOR TO CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION
94. The existing curb return at the southwest
corner of Washington Boulevard and Wesley
Street, adjacent to the project site, shall be
reconstructed to a curb return radius of 35
feet. The new curb return shall have a curb
ramp designed to current APWA standards
and shall include truncated domes (red brick
in color). A corner cut-off shall be dedicated
to the City for street purposes to the
satisfaction of the City Engineer.
Public
Works
Special
95. At the southeast corner of Washington
Boulevard and Wesley Street the Applicant
shall be required to acquire, dedicate and
construct a curb return with a 25-foot radius
and curb ramp designed to current APWA
standards which shall include truncated
domes (red brick in color). Adequate street
right-of-way shall be obtained from the
adjacent owner of this corner to provide for
the installation of this new curb return and
curb ramp.
Public
Works
Special
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 33 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
ON-GOING
96. 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
December 12, 2012, and the City Council at its
meeting on January 28, 2013, excepted as
modified by these Conditions of Approval.
Planning Standard
97. Pursuant to CCMC Section 17.650.020 -
“Inspection”, the Property O wner 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
98. 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, demoliti on, 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
99. All graffiti shall be removed from the Property
within 48 hours of its application.
Building/
Planning/
Public
Works
Standard EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 34 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
ON-GOING
100. The Property Owner shall maintain all street
trees along the property frontage at his/her sole
cost and expense.
Public
Works
Standard
101. 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
102. Follow-up Inspection After Project
Commencement - Six months after full
operation of the Project has commenced, as
set forth in this Condition, the Director, or
his or her designee, shall conduct follow-up
inspections on the design, operation and
maintenance of the Project. For the public
open space area, the Director, or his or her
designee, shall conduct follow-up
inspections annually for five years to ensure
that the public open space area is
maintained and operated in manner
consistent with the approved
Comprehensive Plan. A report on the Project
traffic mitigations, on-site circulation,
parking, neighborhood parking intrusions,
public parking operations, project design,
maintenance and operation shall be reviewed
by the Planning Commission one year after
occupancy of the Project. In the event the
Project is not in full compliance with the
approved Project plans, 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
103. Changes or Alterations to the
Comprehensive Plan – Changes to approved
plans shall be considered major (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;
Planning Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 35 of 37
b) Alter the materials being used on the
exterior of the project unless, as determined
by the Director, the new materials are of
equal or better quality to the materials on the
approved Project materials board; 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, and/or
outdoor dining.
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
ON-GOING
104. Total Retail and Restaurant Floor Area - The
total floor area of retail and restaurant
(including bars and nightclubs) uses shall
not exceed 31,240 square feet. Restaurants
(including bars and nightclubs) shall not
exceed 25% of the overall retail/restaurant
floor area.
Planning Special
105. On-Site Parking Requirements – (Residential
Parking) - A total of 199 spaces are required
for the 115 residential units. The parking for
residential uses shall include 24 spaces (19
spaces for the residential units and 5
residential guest spaces) in the upper
subterranean level and 177 spaces (154 for
the residential units and 23 residential guest
spaces) located in the second subterranean
level. Six accessible spaces parking shall be
provided in two subterranean parking levels.
(Commercial Parking) – A total of 143 spaces
shall be provided for the commercial uses
including the outdoor dining square footage.
Planning Special
EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 36 of 37
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
ON-GOING
106. Follow-up Parking Operations Inspections -
Inspections of the on-site parking operations
shall be conducted by the Director or his or
her designee 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 as
necessary by the City. If the follow-up
parking operation inspections determine (i)
that the number of on-site parking spaces is
insufficient to satisfy parking demand; or (ii)
that the Project’s parking facilities or
operations are in any other way not fully and
adequately serving the customers, patrons,
residents, employees, suppliers and
contractors of the Project then additional
methods to provide adequate on-site parking
shall be devised. Such additional parking
supply shall be identified in a revised on-site
parking plan acceptable to the City and said
plan shall be promptly and fully
implemented. If adequate parking cannot be
provided by the above methods or
consistent with the Alternative Parking
Provisions of Section 17.320.025 of the
Zoning Code, the demand for parking at the
Project shall be reduced in a manner
considered acceptable to the City (e.g.
reducing the amount of outdoor dining area
or other uses commensurate with the
parking need).
Planning
/Public
Works
Special
NO. CONDITIONS OF APPROVAL Agency Source
Compliance
Verification
ON-GOING
107. Community Benefit Contribution - The
Applicant is requesting to exceed the base
density for the property (35 units per acre)
and has elected to provide public open
space as the Community Benefit for the
Project in order to qualify for a base density
of 65 units per acre. Pursuant to Community
Planning Special EXHIBIT B
ORDINANCE NO. __________
Case Nos. ZCMA P-2012118,CP-P2012116 AND MND P-2012117
Page 37 of 37
Benefit Resolution No. 2008-R015 the
minimum required open space is 5,000 sq. ft.
The Applicant has chosen to provide public
open space totaling 7,198 square feet (4,304
square feet on the ground level and a second
level open space comprised of benches,
fountain, and landscape planters (2,894
square feet) which also serves as a
commercial plaza for a small café with
outdoor dining not to exceed 500 square feet
and access to an adjacent private pool deck.
The Community Benefit contribution is
$1,311,574 consistent with the allocation
formula established in Community Benefit
Resolution No. 2008-R015. The use and
operation of the public open space shall be
governed by all applicable covenant
requirements contained herein.
108. Upon 85% occupancy of the Project’s
residential units, the Property Owner shall
purchase a 1-year Metro pass pursuant
Metro’s Pass Program as follows: one pass
required per each studio and one bedroom
unit; two passes required for each two or
three bedroom units. The passes shall be
offered free of charge to residential tenants
as outlined above. Unused passes shall be
made available to residential tenants who
have asked for additional passes, if
permitted by Metro’s Pass Program. The
Property Owner shall provide a written
affidavit to the Planning Division certifying
that Metro Passes have been distributed as
required by this condition. In addition, the
Property Owner shall encourage the
Project’s commercial tenants to participate
Metro’s Business Transit Access Pass (B-
Tap) Program.
Planning Special