PREVIOUS CC RESOLUTION

Transcription

1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD CONDITIONALLY APPROVING DEMOLITION PERMIT , DEVELOPMENT PERMIT , MINOR CONDITIONAL USE PERMIT ADMINISTRATIVE PERMIT TO PERMIT THE DEMOLITION OF ALL EXISTING STRUCTURES ON THE SITE AND THE CONSTRUCTION OF A FIVE -STORY MIXED -USE BUILDING WITH TWO LEVELS OF SUBTERRANEAN PARKING, ONE LEVEL OF RETAIL AND RESTAURANT USE AND FOUR LEVELS OF RESIDENTIAL INCLUDING THIRTY - FOUR ( 34) MARKET RATE RESIDENTIAL CONDOMINIUM UNITS, AND EIGHT ( 8) AFFORDABLE RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 9001 SANTA MONICA BOULEVARD, WEST HOLLYWOOD, CALIFORNIA THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. An application was filed by WEHO Partners, LLC on March 1, 2006, to amend the West Hollywood General Plan and West Hollywood Zoning Ordinance and Zoning Map to allow for project density up to a floor area ratio of 3. 0 and project height up to 65 feet with the approval of a development agreement in the Community Commercial Zoning District along Santa Monica Boulevard. SECTION 2. At a duly noticed public hearing on November 1, 2007, the Planning Commission of the City of West Hollywood adopted Resolutions Nos. PC , PC , PC and PC recommending to the City Council adoption of a Negative Declaration and approval of General Plan Amendment , Zoning Text Amendment , Zoning Map Amendment , Development Agreement , Demolition Permit , Development Permit , Minor Conditional Use Permit , Administrative Permit and Tentative Tract Map SECTION 3. The proposed development has been evaluated in accordance with the California Environmental Quality Act with the preparation of an Initial Study and a Negative Declaration. It has been determined that the proposed project could not have a significant effect on the environment. The public comment period for the Negative Declaration began on October 11, 2007 ITEM 10.A. EXHIBIT D

2 Page 2 of 25 and ended November 1, The City Council has adopted the Negative Declaration. SECTION 4. Notice of the proposed land use action was posted on the site beginning on November 5, West Hollywood Independent and the Park La Brea News /Beverly Notice of this project was published in the Press on November 22, In addition, notices were mailed on November 21, 2007 to all owners and tenants of properties lying within a 500 -foot radius of the project site. Copies of the staff report have been on file at the West Hollywood City Hall and West Hollywood Library since November 26, The City Council properly reviewed and considered this matter at a public hearing on December 3, SECTION 5. In accordance with Section of the West Hollywood Municipal Code, the City Council of the City of West Hollywood makes the following findings regarding Demolition Permit for the demolition of all existing structures on the subject site: a. All other applications for discretionary permits necessary for the new project to be constructed on the site including General Plan Amendment ( GPA) , Zoning Text Amendment ( ZTA) , Zoning Map Amendment ( ZMA ) Development Agreement and Development Permit will be approved concurrently by City Council Ordinance and Resolution; and b. The existing buildings located at 9001 through 9017 Santa Monica Boulevard, are not designated historic resources and are not being formally considered for this designation. SECTION 6. In accordance with Section of the West Hollywood Municipal Code, the City Council of the City of West Hollywood makes the following findings regarding Development Permit for the construction of a new five -story mixed -use building with two levels of subterranean parking, ground floor retail and restaurant uses, and 34 market rate and 8 affordable residential condominium units: a. With the approval of GPA , ZTA , and ZMA , the project complies with the applicable provisions of the Zoning Ordinance and Municipal Code in that mixed use developments are permitted in the Community Commercial ( CC) Zone in which the project lies. Restaurant and Retail uses are also permitted in the CC Zone. The project includes a Development Agreement which is permitted in the CC Zone along Santa Monica Boulevard with the approvals of proposed GPA and ZTA and allows the project to exceed the current maximum zoning standards with the provision of a public benefit. Public

3 Page 3 of 25 benefits associated with this project are detailed in Agreement Development b. The proposed project has been adequately conditioned so as not to endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use in that the project has been reviewed for potential impacts to the surrounding neighborhood and persons residing and working in the area and has been conditioned to reduce or eliminate possible impacts to the surrounding vicinity including the residential neighborhoods to the north, east and west of the project. The project has also been conditioned to coordinate certain elements of design and construction with simultaneously ongoing new projects in the immediate vicinity. In addition, the project is subject to standard conditions of approval such as a Construction Period Mitigation Plan that help protect the public convenience, health, interest, safety and general welfare. C. The proposed use or construction is consistent with the objectives, policies, general land uses, and programs of the General Plan, as amended by GPA in that it proposes to build according to altered development standards as allowed in General Plan Land Use Policy , which would be approved concurrently with the proposed project by City Council Ordinance. In addition the project is consistent with existing objectives and policies of the General Plan as follows: Policy of the Land Use Element: " Encourage the retention of existing and accommodate the development of new commercial uses which provide for the day to day service needs of nearby residents" This project addresses this land use policy of the General Plan in that it provides a means of retention of the Palm Restaurant, which is considered to be an important part of the Community and a provider of both local and visitor serving restaurant use. Policy of the Land Use Element " Accommodate housing units on the second level or higher or to the rear of buildings provided that the residential and commercial spaces are fully separated, the impacts of noise, odor, and other adverse characteristics of commercial activity can be adequately mitigated and a healthy, safe, and well designed environment is achieved for the residential units." This project addresses this land use policy of the General Plan in that it proposes to build residential units above the first floor that are completely separated from the commercial

4 Page 4 of 25 uses. The project is situated such that the residential units will be well insulated from the noise and exhaust of Santa Monica Boulevard, with only two units having balconies directly fronting along Santa Monica Boulevard. Objective of the Land Use Element: " Provide for the development of new housing in all areas of the city, while protecting the character and scale of existing residential neighborhoods." This project addresses this Land Use Objective in that the project provides for thirty -four ( 34) market rate housing units and eight ( 8) affordable housing units, but does not locate them in residentially zoned, and currently residentially developed, neighborhoods. An alley separates the project from existing residential neighborhoods. Objective of the Land Use Element: " Provide for the development of housing for low and moderate income households and senior citizens which is compatible with and complements to public and adjacent uses and located in close proximity commercial services." This project addresses this Land Use Objective in that it would provide eight ( 8) units of low and moderate income housing located along Santa Monica Boulevard, a major corridor providing numerous commercial and public services. The project is located across the street ( Ramage Street) from a major grocery store, pharmacy and other commercial local - serving uses. Metro Transit bus lines are available nearby on the routes along Santa Monica and Robertson Boulevards and further both San Vicente and La Cienega Boulevards. The east along recreation facilities at West Hollywood Park are also located in close proximity to the projects. Policy 5. 3 of the Housing Element: " Provide development standards for residential and mixed -use development in commercial districts, such as shared parking, flexible open space, increased heights and densities." The proposed project is consistent with this Housing Policy in that it is a mixed -use building, providing much needed affordable housing, utilizing a building envelope with an allowed height and density above the base zoning on Santa Monica Boulevard. Numerous General Plan objectives, goals and policies support a pedestrian- oriented streetscape and buildings which provide housing, affordable housing as well as landmark architecture and design components that benefit the City as well as the residents and other users of the building. This project is in line with these objectives, goals and policies because it offers landmark design and housing while providing pedestrian -scale components.

5 Page 5 of 25 Therefore, the project is consistent with the established uses in the General Plan as well as Objectives, Goals and Policies of the General Plan both pre- existing and as amended by GPA There is no Specific Plan for the proposed project site. SECTION 7. In accordance with Section of the West Hollywood Municipal Code, the City Council of the City of West Hollywood makes the following findings regarding Minor Conditional Use Permit for the on -site sales, service and consumption of alcohol in association with a restaurant: a. The proposed sales and service of alcoholic beverages for on -site consumption is allowed within the applicable zoning district with conditional use permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code in that Section Table 2-5 lists the sales, service and consumption of alcohol in association with a restaurant as a use that is allowed within the CC Zoning District with approval of a Minor Conditional Use Permit. b. The proposed sales, service and consumption of alcoholic beverages in association with a restaurant is consistent with the General Plan in that Policy 1. Encourage the retention of existing of the Land Use Element states: and accommodate the development of new commercial uses which provide for the day to day service needs of nearby residents" This project addresses this land use policy of the General Plan in that it provides a means of retention of the Palm Restaurant, which is considered to be an important part of the Community and a provider of both local and visitor serving restaurant use. to this property. There is no Specific Plan applicable C. The site is physically adequate for the type, density, and intensity e. g. number of employees and customers) of use being proposed, including provision of services ( e. g., sanitation and water), public access, and the absence of physical constraints in that the site has been actively occupied by uses nearly identical to those proposed, including the same restaurant business that is proposing to utilize this Minor Conditional Use Permit. Furthermore, as a result of the proposed project the site will be modernized and upgraded to better handle the type, density and intensity of the use proposed with respect to parking, building code compliance, disabled access, etc. d. The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise

6 Page 6 of 25 constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use in that the project site has been serving the community as a restaurant with sales, service and consumption of alcoholic beverages since before the City of West Hollywood was incorporated with little or no incident regarding public convenience, health, interest, safety, or the general welfare. The continuation of the existing use on the site will not pose a detriment to the public convenience, health, interest, safety or the general welfare. SECTION 8. In accordance with Section of the West Hollywood Municipal Code, the City Council of the City of West Hollywood makes the following findings regarding Administrative Permit for outdoor dining: a. The proposed outdoor dining is allowed by Article 19-2 ( Zoning Districts and Allowable Land Uses) within the CC zoning district with administrative permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code. The project has been reviewed and determined to comply with all other aspects of the Zoning Ordinance as pertains to outdoor dining. b. The proposed outdoor dining is consistent with the objectives, policies, general land uses, and programs of the General Plan, and any applicable specific plan in that the General Plan Objective 2. 5 encourages the establishment of a high quality visual and functional environment along the City' s streets to stimulate pedestrian activity. Outdoor dining helps achieve this objective by allowing the restaurant uses on the site to actively interact with the pedestrian activity on the street and sidewalk. SECTION 9. Pursuant to the above findings, the City Council of the City of West Hollywood hereby approves Demolition Permit , Development Permit , Minor Conditional Use Permit , and Administrative Permit , subject to the following conditions: CONTENTS: 1. 0 Legal Requirements 2. 0 Project Description 3. 0 Fees 4. 0 Bonds 5. 0 Construction Phase 6. 0 Building and Safety /Engineering 7. 0 Landscaping 8. 0 Design Requirements

7 Page 7 of Solid Waste and Recycling Transportation, Parking and Circulation Operations Outdoor Dining CUP 1. 0 LEGAL REQUIREMENTS 1. 1) This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property has filed with the Department of Community Development, a notarized affidavit accepting all the conditions of this permit. This affidavit shall be recorded with the County Recorder and is binding on successors. If the applicant is a corporation, then an officer of the corporation duly authorized to bind the corporation shall sign the acceptance affidavit. 1. 2) If any provision of this permit is held or declared by a court of competent jurisdiction to be invalid and such invalidation would result in a material change to the obligations of or the benefits accruing to either the City or the applicant hereunder, the Director may declare the permit to be void and the privileges granted hereunder to have lapsed. 1. 3) The failure to comply with any of the conditions of approval shall be grounds for revocation of the permit. ( 1. 4) Owner agrees that it shall obtain all building permits for the entire Phase I of the Project except for tenant improvements) within 24 months of the Commencement Date and shall commence construction of Phase 1 within six ( 6) months following issuance of building permits. Owner agrees that within one ( 1) year following the date on which the construction of Phase 1 is Substantially Completed and Palm Restaurant has relocated to the Phase 1 improvements and opened for business, Owner will commence and thereafter diligently prosecute to Substantial Completion, Phase 2 of the Project within the. Term. For purposes of this condition " Commencement Date" shall mean a date which is thirty ( 30) days following the Approval Date except as otherwise allowed, in the case of a- referendum or litigation, by the definition of "Commencement Date" in Section 1 of the Development Agreement. (_ 1. 5) In the event that the applicant violates or fails to comply with any of the conditions of approval of this permit, the City may take measures to cure such violations, including but not limited to, revocation of this permit. The applicant shall be required to reimburse the City fully for its costs and expenses, including but not limited to, attorney' s fees, in undertaking such corrective action. Reimbursement of enforcement costs shall constitute a civil debt and may be collected by any means permitted by law. In the event that violations of this permit occur, the City shall refrain from issuing further permits, licenses or other approvals until such violation has been fully remedied. ( 1. 6) Construction permits for project shall not be issued until this permit is deemed final based on section of the Zoning Ordinance. ( B &S, 1. 7) The applicant shall defend, indemnify and hold harmless the City and its agents, employees and officers from any claim, action, or proceeding brought by a third party against the City, its agents, employees or officers and the applicant to attack, set aside, or void any this resolution or any permit authorized hereby for the project, including

8 Page 8 of 25 without limitation) reimbursing the City its actual attorneys fees and costs in defense of the Litigation PROJECT DESCRIPTION 2. 1) This recommendation to the City Council is for the demolition of all existing structures on the site, and the construction of a 83, 200 square foot, five ( 5) story mixed use building with 180 parking stalls located in two levels of subterranean parking. The commercial component of the building will be located on the first floor and consist of 9, 800 square feet of restaurant with 250 square feet of associated outdoor dining and 9, 850 square feet of retail space. The residential component of the building will consist of thirty -four 34) market rate units and eight ( 8) affordable units and will be located on the second through fifth floors of the proposed building. (_ 2. 2) This recommendation to the City Council is for those plans date stamped October 23, 2007 which are those plans reviewed by the City Council at its meeting of December 3, A copy of said plans shall be maintained in the files of the City Planning Division. The project shall be reviewed by "the City Council of the City of West Hollywood for final decision. ( 3. 0 FEES 3. 1) Prior to issuance of building permits, the applicant shall pay a fee to the City' s Affordable Housing Trust Fund which the City will use as directed by that trust fund. The Affordable Housing Development Fee shall be calculated at $ per net new square foot of gross floor area of the commercial development project. In the event the fee schedule is revised by the City Council prior to obtaining a building permit, the revised fee schedule shall apply. ( RSHD) 3. 2) Prior to issuance of building permits, the applicant shall pay the Public Open Space Development Fee of $0. 79 per net new square foot of gross floor area to the City, or the fee in effect at the time that building permits are issued. ( 3. 3) Prior to issuance of building permits, the applicant shall pay the Child Care Facilities Development Fee of $0. 65 per net new square foot of gross floor area to the City, or the fee in effect at the time that building permits are issued. ( 3. 4) Prior to issuance of building permits, the applicant shall pay the Transportation Facilities and Programs Fee of $ per net new square foot of gross floor area, or the fee in effect at the time that building permits are issued. ( 3. 5) Prior to the issuance of building permits, the applicant shall pay a Waste Water Mitigation Fee of $ 75 for each net sewage unit to offset any net increase in waste water outflow. 3. 6) Within five days after approval of this project, the applicant shall remit to the City a cashier' s check, payable to the County Clerk, in the amount of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if the Department of Fish and Game determines that this project is not exempt from a filing fee imposed pursuant to Fish and Game Code Section because the project has more than a de minimis impact on fish and wildlife then the applicant shall also pay to the Department of Fish and Game any fee and any fine which the Department determines to be owed. (

9 Page 9 of ) Prior to issuance of the Building Permit, the applicant shall satisfy the urban art program requirement in accordance with West Hollywood Municipal Code Chapter An amount equal to one percent ( 1 %) of the total building valuation shall be allocated for the acquisition and permanent installation of art on the project site, as approved by the Arts and Cultural Affairs Commission; or, an in -lieu fee in the amount of 1% of the total building valuation shall be paid to the Public Beautification Trust Fund. Prior to the issuance of the Building Permit, either the 1% in -lieu fee must be paid, or a complete Art Plan must be approved by the Arts and Cultural Affairs Commission. ( Art Liaison) 3. 8) All other development and permit fees shall be paid prior to the issuance of grading and building permits. ( B &S) 3. 9) Prior to the issuance of building permits, the applicant shall pay the Los Angeles Unified School District Developer Fees. ( B &S) 3. 10) Prior to the issuance of building permits, the applicant shall pay the City of West Hollywood any outstanding costs related to public notice for the project not paid at the time of permit application. ( 3. 11) Blocking lanes during weekday ( Monday Friday) morning peak traffic hours of 7: 00 a. m to 9: 00 a. m. and afternoon peak traffic hours of 4: 00 p. m. to 7: 00 p. m. is not allowed. There is a $ /minute per lane fee that will be charged in such occurrences. Engineering) 3. 12) Prior to the issuance of building permits the applicant shall pay Engineering Plan Check fees. This includes, but may not be limited to, fee for the review of off -site grading plans, street improvement plans, landscaping plans, dedication plans, an dparcel, tentative, and final tract maps. In the event the fee schedule is revised by the City Council, all fees shall be recalculated so that they are based on the revised fee schedule in effect at the time building permits are obtained. ( Engineering) 3. 13) Prior to the issuance of building permits, the applicant shall pay Environmental Services Plan Check Fees. This includes, but may not be limited to, fee for the review of storm water pollution prevention plans and recycling plans for construction /demolition. In the event the fee schedule is revised by the City Council, all fees shall be recalculated so that they are based on the revised fee schedule in effect at the time building permits are obtained. ( Engineering) 3. 14) Prior to the issuance of building permits, the Applicant shall set aside or otherwise guarantee in a manner satisfactory to the City Attorney funds in the amount of 25, or other amount determined to be appropriate by the City of West Hollywood Transportation Division to be used for a study of neighborhood traffic impacts following occupancy of the project. The City will decide within one year of issuance of the Certificate of Occupancy for Phase 2 of the project whether a neighborhood traffic impact study is necessary; if not, the amount shall be refunded or the guarantee released to the Applicant. (_ 4. 0 BONDS DOT) 4. 1) Performance of all the conditions shall be secured and guaranteed by the posting of a bond or by some other security instrument approved by the City in the amount of 10% of the estimated construction value of the project. The security instrument shall be posted with the City upon applicant' s filing of the executed affidavit accepting these conditions of

10 Page 10 of 25 approval and shall be held until all the construction conditions have been fulfilled and a Certificate of Occupancy or Final Inspection has been issued. When a payment is made to the City, it shall be held in an interest bearing account ( with interest inuring to the applicant). In the event applicant fails to satisfy any one or more of all the conditions and persists and fails to do so upon written notice from the City, the City may, without further notice, fulfill the conditions and draw upon the document to reimburse the City for any costs or expenses incurred in so doing. This shall be in addition -to any other remedy provided under this permit or by law. ( Finance) 4. 2) If at any time applicant fails or refuses to comply with or violates any of the conditions upon demand of City, applicant shall post a cash bond with City in an amount specified by the City to guarantee and secure such compliance in the event of a future violation. City shall have the right to issue a stop work order that shall not be lifted until the bond is posted; moreover, no other permit of any kind shall be issued unless and until such bond is posted. The bond shall be held by City in an interest bearing account with interest inuring to applicant for as long as compliance with any of the conditions is required. City may, without notice to applicant, fulfill the conditions and draw upon the bond to reimburse the City for any costs or expenses incurred in so doing. This shall be in addition to any other remedy provided under this permit or by law. After three substantial code violations, the City will hire a third party to monitor the site until all of the conditions are brought into compliance. The City may, without notice to the applicant, draw upon the bond to pay the costs of hiring the third party. ( Code Compliance) 5. 0 CONSTRUCTION PHASE 5. 1) A laminated copy of the conditions of approval shall be posted on -site during the construction phase. ( B &S) 5. 2) Prior to the issuance of the Certificate of Occupancy, all construction work on the Street and Parkway Improvement Plan shall be complete. ( Engineering) 5. 3) Prior to the issuance of the Certificate of Occupancy, the applicant shall submit to the Environmental Services Specialist recycling manifests from all disposal sites, recline sites and landfills that accepted demolition, excavation and /or general construction waste and recycled materials from this site. ( Environmental Services) 5. 4) All curb, gutter, sidewalk, and driveways within the public right -of -way that may be damaged during the course of construction, shall be replaced to the satisfaction of the City Engineer. ( Engineering) 5. 5) The construction phasing shall be coordinated with the Pavilions Project construction and any simultaneously ongoing construction projects in the immediate vicinity to the maximum extent feasible. This requirement shall be addressed in the construction mitigation plan. ( Engineering) 5. 6) Lane closures on Santa Monica Boulevard shall not be permitted without the submittal of traffic control plans and approval from the City Engineer. Lane closures during peak morning or afternoon hours on Santa Monica Boulevard require a per- minute fee charged in accordance with the latest Department of Transportation and Public Works fee schedule. ( See Condition 3. 13) ( Engineering 5. 7) A sign shall be provided on the construction site with minimum dimensions of four feet by four feet, with lettering no less than two inches in height on a contrasting background, visible and readable from the public right of way stating the following:

11 V Resolution No Page 11 of 25 a) Job site address b) Name and phone number of project owner or owner's representative c) Name and phone number of the general contractor and / or on -site superintendent ( both if not the same person). d) Construction hours: Monday through Friday 8: 00 AM to 7: 00 PM Saturday interior work only 8: 00 AM to 7: 00 PM No construction activities on Sundays or holidays e) No equipment staging or start- up, material deliveries, or personnel arrivals before 8: 00 AM Monday through Saturday. f) To report violations to the City of West Hollywood call the Code Compliance Hotline at ( 323) ( B &S) 5. 8) There shall be an on -site construction manager present at all times during construction. B &S) 5. 9) Sidewalks and streets shall be kept clean and passable during all phases of construction, to the satisfaction of the City Engineer. Temporary sidewalks shall be constructed, or alternative passage for pedestrians shall be provided based on construction, should the existing sidewalk need to be closed during construction. (_ Engineering) 5. 10) Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. ( B & S) 5. 11) A construction period mitigation plan shall be prepared by the applicant and submitted to the Building Official, City Engineer and the Director of Community for approval, prior to issuance of a building permit. As applicable, this plan shall: ( - B &S, Engineering, Code Compliance) the names, addresses, telephone numbers and business license a. Specify numbers of all contractors, subcontractors, the developer and the architect. b. List a designated on -site construction manager, with 24 -hour contact information to be used only in case of emergency. c. Describe how demolition of any existing structures is to be accomplished. d. Designate the permitted waste haulers and recyclers and include the construction period disposal and recycling plan., e. Indicate where any cranes are to be located for erection and construction. f. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction. g. Set forth the extent and nature of any pile- driving operations. h. Describe the length and number of any tiebacks which must extend under the property of other persons. i. Provide a drainage plan and describe all BMPs ( best management practices) that will be used to prevent construction debris from entering the storm drain system. j. Specify the nature and extent of any dewatering and its effect on any adjacent buildings. k. Describe anticipated construction - related truck routes, number of truck trips, hours of hauling and parking locations. I. Specify the nature and extent of any helicopter hauling. m. State whether any construction activity beyond normally permitted hours is proposed. n. Describe any proposed construction noise mitigation measures. o. Describe construction - period security measures including any fencing, lighting, and security personnel.

12 Page 12 of 25 p. Provide a construction - period parking plan which shall minimize use of public streets for parking ) During the construction phase, the contractor shall employ best management practices consistent with the National Pollutant Discharge Elimination System Permit for the purposes of controlling wet weather erosion and off site sedimentation at the project site. Code Compliance, B &S) 5. 13) During the demolition of the existing buildings and all phases of new construction, the site shall be maintained in a safe manner so as not to threaten the public health, safety, or general welfare. ( Code Compliance, B &S, Engineering) 5. 14) Mobile food service vendors shall only be permitted to visit the construction site during the permitted hours of construction activities. (_ Code Compliance) 5. 15) In the event of an emergency or disaster, the applicant, or any of the project contractors or subcontractors, shall allow the City to use any heavy equipment associated with the project for the purpose of assisting in emergency or disaster relief efforts. Public Safety, B &S) 5. 16) For the demolition and construction phases of the work, the project will need to adhere to a Stormwater Pollution prevention Plan ( SWPPP) which specifies Best Management Practices ( BMPs) consistent with the National Pollutant Discharge Elimination System NPDES) permit for the purposes of controlling wet weather erosion and off site sedimentation at the project site. The SWPPP will be subject to review and approval by the City prior to issuance of a demolition permit. Implementation of appropriate BMPs shall include, but not be limited to: ( Environmental Services) a. Spills and leaks must be cleaned up immediately. b. Vehicles and equipment must be refueled in a designated area. c. Vehicles and equipment must be washed at a facility that is self- contained, covered, equipped with a clarifier or other pretreatment facility, and properly connected to a sanitary sewer. d. Exposed piles of soil, debris and construction materials must be covered with plastic sheeting or equivalent if rain is predicted. e. Materials must not be stored or deposited on surfaces that drain to streets, storm drains or channels. f. Gravels approaches must be used at ingress and egress points where truck or vehicular traffic is frequent. g. Regular self- inspections of structural BMPs must be made to ensure their proper operation. h. Employees and subcontractors must be trained about the causes of storm water pollution and prevention measures. Educational materials are available from the Planning Division ) The contractor shall install a construction fence around the portion of the site perimeter in which construction activity is to occur, complying with City requirements, before excavation begins. The contractor shall be required to maintain a minimum sidewalk width of five feet on Santa Monica Boulevard during the construction period. A flag man shall be provided whenever trucks entering or leaving the project site may impede the flow of pedestrian or automotive traffic. (_ DOT) 5. 18) Encroachment Permit must be approved by the City Engineer prior to commencement of any activities affecting the public right -of -way. Prior to issuance of each Encroachment Permit, the applicant shall submit to the satisfaction of the City Engineer plans and details

13 Page 13 of 25 regarding the scope activities covered by the Encroachment Permit. These activities may include, but not be limited to: ( Engineering) a. Excavation staging of haul trucks, haul routes, site clean up b. Bins dumpsters, haul trucks c. Temporary fencing /pedestrian barricade /fagade protection d. Office construction office in public right of way e. Material Deliveries f. Material Storage g. Concrete Pours staging of trucks, clean out, clean up h. Worker Parking i. Construction Equipment crane, gunite equipment, scaffolding, etc. j. Traffic and Pedestrian Management Safety Plan at Project k. Public Improvements, Sidewalk, Curb, Gutter, Driveways 6. 0 BUILDING AND SAFETY /ENGINEERING 6. 1) The subject property shall be served by on -site underground utilities to the satisfaction of the City. ( B & S) 6. 2) All structures shall conform to the requirements of the City of West Hollywood Building and Safety Division. ( B &S) 6. 3) The project shall be developed and maintained in compliance with requirements of the Los Angeles County Health Department. Adequate water and sewage facilities shall be provided to the satisfaction of the Health Department. ( B &S) 6. 4) Prior to the issuance of the Building Permits, a Street and Parkway Improvement Plan shall be approved by the City Engineer. Said plan shall be prepared by a Civil Engineer licensed to practice in the State of California. The plan shall provide the design for the removal and replacement of all curb, gutter, drive approaches, alley intersections, and sidewalk along the property frontage on Santa Monica Boulevard and Ramage Street. Engineering) 6. 5) A Standard Urban Stormwater Mitigation Plan ( SUSMP) shall be incorporated into the project design and shall require a detailed review and approval by the City prior to the issuance of the building permits. This plan must specify the various infrastructure components and Best Management Practices ( BMPs) for the project post construction which will control /prevent non -storm water discharges. ( Environmental Services) 6. 6) All work within the road right -of -way shall be designed to the satisfaction of the City Engineer ( including but not limited to curb, gutter, sidewalk, driveways, parkway drains, and street tree locations). (_ Engineering) 6. 7) Plan check fees must be paid in accordance with West Hollywood Ordinance No. 21, or such other ordinance in effect, at the time of submittal of plans to the City Engineer. Engineering) 6. 8) All proposed public improvements shall be secured by a bond in an amount specified by the City or by some other security instrument approved by the City in an equal amount, prior to issuance of Building Permits. (_ Engineering)

14 Page 14 of ) Prior to issuance of Building Permits or any Demolition Permit for the subject project, the applicant shall submit to the satisfaction of the City Engineer a plan for placement of any dumpsters, bins, stockpiles, construction equipment or any other items which will impact the public right -of -way. (_ Engineering) 6. 10) An Encroachment Permit must be approved by the City Engineer prior to commencement of any activities affecting the public right -of -way. Prior to issuance of each Encroachment Permit, the applicant shall submit to the satisfaction of the City Engineer plans and details regarding the scope activities covered by the Encroachment Permit. These activities may include, but not be limited to: a) Excavation staging of haul trucks, haul routes, site clean up b) Bins dumpsters, haul trucks c) Office construction office in public right of way d) Material Deliveries e) Material Storage f) Concrete Pours staging of trucks, clean out, clean up g) Worker Parking h) Construction Equipment crane, gunite equipment, scaffolding, etc. i) Traffic and Pedestrian Management Safety Plan at Project j) Public Improvements, Sidewalk, Curb, Gutter, Driveways.( Engineering) 6. 11) All utility systems shall meet the requirements of the respective agency. Engineering) 6. 12) A General NPDES ( National Pollutant Discharge Elimination System) Permit may be required by the California Regional Water Quality Control Board ( CRWQCB) for discharge of on -site groundwater ( pumped from subterranean areas) to the public storm drain system. It is the applicant's responsibility to confer with the CRWQCB regarding NPDES compliance for the site. (_ Engineering) 6. 13) The structure( s) shall be equipped with ultra low flush toilets. If showers are present, showerheads shall not exceed 2. 5 gallons per minute flow. ( 6. 14) Prior to issuance of the Certificate of Occupancy, the applicant shall provide proof of B &S) issuance of an Industrial Waste Permit from the County of Los Angeles. Environmental Services) 6. 15) Any awnings, trellises, or portions of buildings that overhang or encroach into the public right of way shall have an Encroachment Agreement recorded with the LA County Recorders Office that requires the tenant and property owner to both be responsible for the cleaning, maintenance and repair of these facilities. This agreement shall be recorded prior to the Certificate of Occupancy. ( Engineering) 6. 16) In order to reduce runoff into the storm drains and meet the requirements of the City' s National Pollution Discharge Elimination System ( NPDES) permit, the applicant shall comply with the following conditions for any dining adjacent to the public sidewalk: a. The pavement of the outdoor dining area shall not be hosed down. Instead, the area should be cleaned with a broom and /or mop. Debris that is swept shall be picked up and deposited into a waste bin, not swept nor hosed down into the street. b. At least one exterior waste receptacle shall be provided. c. Tabletop ashtrays shall be provided at all tables where smoking is permitted

15 Page 15 of 25 d. The owner /manager shall train all employees on storm water pollution prevention methods, as well as post and make available on site educational material geared toward employees on storm water pollution prevention method 6. 17) Prior to the issuance of Building Permits, plans and supporting information must be submitted to and approved by the Environmental Services Specialist prior to performing any operation which will disturb or expose soil, as follows: ( Environmental Services) a. For sites involving less than 1 acre of disturbed area, an Owner' s Certification must be prepared. For sites on hillsides, or those with at least 1 acre of disturbed area a Local Storm Water Pollution Prevention Plan ( LSWPPP) must be prepared. b. For sites with more than 1 acre of disturbed area, a Storm Water Pollution Prevention Plan ( SWPPP) must be prepared and the Contractor must provide evidence to the Building and Safety Division that a Notice of Intent ( NOI) has been submitted to the appropriate State agency. c. If construction will be carried out on the project between October 1 and April 15, a Wet Weather Erosion Control Plan must be prepared. The preparation, submittal and adherence to all City requirements are the responsibility of the Contractor ) Prior to issuance of Building Permits, the applicant shall submit to the satisfaction of the City Engineer documentation showing all necessary permits have been procured from State and county agencies for discharge of groundwater from the site. A General NPDES ( National Pollutant Discharge Elimination System) Permit is required by the California Regional Water Quality Control Board ( CRWQCB) for discharge of on -site groundwater ( pumped from subterranean areas) to the adjacent Los Angeles County owned storm drain system. It is the applicant' s responsibility to confer with the CRWQCB and Los Angeles County Department of Public Works regarding NPDES compliance for groundwater at the site. (_ Engineering) 6. 19) An Encroachment Permit is required and shall be optained prior to any on- street valet service that may serve this establishment. (_ Engineering) 6. 20) Sidewalk dining area shall not encroach into the public right of way unless an approved plan and encroachment permit is obtained for sidewalk dining. The tenant is responsible for maintaining the sidewalk dining area in a safe manner so as not to threaten the public health, safety, or general welfare. A minimum of four foot wide pedestrian pathway, clear of obstructions, shall be maintained on the frontage of the property at all times. Engineering) 7. 0 LANDSCAPING 7. 1) Prior to issuance of a building permit, final landscape and irrigation plans and specifications consistent with the standards set forth in the Zoning Code and design guidelines shall be submitted for review and approval by the Director of Community Development. Such plans shall be prepared by a landscape architect or landscape contractor licensed by the State of California. ( 7. 2) All landscaping shall be served by a permanent irrigation system with equipment as required by B for this project. Sprinklers shall be placed to assure complete coverage of the landscaped area. Automatic controllers shall be set to water between 7: 00 p. m. and 10: 00 a. m. to reduce evaporation. (

16 Page 16 of ) The applicant shall submit fully dimensioned plans showing the appropriate streetscape improvements as required by the Landscape and Building Maintenance Division. These plans shall be approved by the same division prior to the issuance of building permits. Landscape Division) 7.4) Outdoor dining, plazas and walkways shall be visually attractive, usable and accessible by the public and incorporate extensive landscape, street furniture and pedestrian - oriented amenities. ( Planning, Engineering) 7. 5) All landscaping and planting within paved areas shall be contained within a curbed area or planter box, planter island, and other containers which are designed so as not to create hazards or hinder drainage. (_ Planning, Engineering) 7. 6) All landscaped areas shall be protected from vehicular damage by raised concrete or other curbing of at least six ( 6") inches in height, except where it is necessary to allow drainage into planted areas. ( 7. 7) All landscaping and planting areas shall be continually maintained in good condition and kept watered, cleaned and weeded. Dead or dying plant material shall be replaced. This shall be consistent with the approved landscape plan for projects which have an approved plan. Landscape and hardscape areas shall be kept free of trash and debris Code Compliance) 7. 8) All existing trees on site that are shown on the Landscaping Plan to remain shall be protected during construction and shall remain on site. Should any tree shown on the Landscaping Plan to remain should be destroyed during the construction, it shall be replaced in a manner satisfactory to the Landscape Division. ( Landscape Division) 7. 9) Prior to certificate of occupancy, two ( 2) 24 -inch box size Evergreen Elms, Ulmus Parvifolia " Drake" variety shall be installed. Trees shall be located west of the proposed driveway. Final location shall be provided on plan for review and approval of the City of West Hollywood Landscape Division prior to installation. (_ Landscape Division) 7. 10) Prior to issuance of Building Permits plan notes shall be provided stating the following: All existing trees located within the PROW shall be protected during Construction by a six -foot foot tall fence ". (_ Landscape Division) 7. 11) There shall be no piling of any construction debris in the PROW or against any existing tree at any time during construction. (_ Landscape Division) 7. 12) Prior to any trimming of the trees limbs or roots the applicant must contact David Gardner at ( 323) for review and approval. (_ Landscape Division) 7. 13) Prior to any ingress or egress to or from the property over the PROW in a location where there are tree roots present, plywood shall be placed over the tree roots at all times to help prevent soil compaction ) Prior to Certificate of Occupancy, the Developer must install tree grates for each of the trees planted as a part of this project. For details regarding the specific type of grate required, contact David Gardner in the City of West Hollywood Landscape Division at 323) (_ Landscape Division)

17 Page 17 of ) Commercial and industrial projects shall use plant materials and species that are drought- tolerant wherever possible, and shall be grouped by common irrigation need. This must comply with as follows: a) For projects that include landscaped area from 1, 000 to 2, 000 square feet, at least 50% of total landscaped area shall be drought - tolerant plants. Plants with medium water needs are not considered drought - tolerant. For determining the category of water use to which a plant belongs, see the California Department of Water Resources study, Water Use Classification of Landscape (WUCOLS). b) For projects that include landscaped area over 2, 500 square feet, landscape plans must contain calculations of water use. Landscape plans must show hydrozones showing the water required for the landscaped area. Square footage for each area of hydrozone must be showed and water use must not exceed 25 gallons per square feet of landscape area. Calculations must be shown on the City Water Conservation Concept Statement form. c) Landscape plans must show hydrozones, according to high, medium, and low water use. Plans must reflect water use zones through color or patterned drawings submitted to the city. d) Slopes must be planted with hardy, well adapted and drought - tolerant plants. Ground cover shall consist of rooted cuttings DESIGN REQUIREMENTS 8. 1) The project shall be built with no fewer than 180 parking spaces. Of these, 119 spaces shall be standard parking stalls and 65 may be compact parking stalls. These parking totals include 22 stacker devices. (_ 8. 2) Exterior color and material samples, along with final construction plans for the project, shall be subject to the review and approval of the Director of Community Development prior to issuance of building permits. ( 8. 3) The project shall be constructed with 180 parking spaces to be served exclusively by onsite valet. Spaces shall include tandem, compact and stacker configurations as noted on the approved plans. ( 8.4) Mechanical equipment and utilities shall be architecturally screened from view. 8. 5) Prior to issuance of building permits, the applicant shall provide a lighting plan that specifies type, number, placement, orientation and finish of lighting fixtures, and type and intensity of lamps, as well as all features intended to prevent spillover of light into adjacent properties, and to prevent glare of lights for residential neighbors, pedestrians and motorists. For any projects with any lights that generate more than five foot candles over any area greater than five square feet, the lighting plan shall include a plan showing the amount of foot candles over all areas on the subject property, and for any areas of adjacent property, public or private for which light emitted from the subject property is in excess of one foot candle. Cut sheets of lighting fixtures shall be provided for review and approval by the Director of Community Development, and substitutions may not be made without the review and approval of the Director. ( 8.6) Glass on the fagade at and near the street level shall be clear and untinted. Mirrored, tinted or reflective glass shall not be used except as an element. ( architectural or decorative