R-2140
f: atty\muni\laws\barry\LantanaEastDA2d-1. doc
City Council Meeting 9-28-04
Santa Monica, California
ORDINANCE NUMBER 2140 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND LANTANA NORTH
HINES DEVELOPMENT, LLC, A LIMITED LIABILITY COMPANY
WHEREAS, on May 13, 2003, Lantana North Hines Development, LLC submitted an
application for a development agreement for the proposed construction of a 64,105
square foot, three-story production/post-production studio space with ancillary office
space pursuant to Santa Monica Municipal Code Section 9.48.020; and
WHEREAS, on November 12, 2002, the City Council certified Final Environmental
Impact Report, dated August 2002 which considered the possible environmental
impacts of a similar development that was larger and more intense than the Project; and
WHEREAS, in processing the Development Agreement application, the City, as lead
agency, prepared a supplemental Environmental Impact Report pursuant to Section
15162 of the CEQA Guidelines; and
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WHEREAS, on September 14, 2004, the City Council certified the Supplemental
Environmental Impact Report as being prepared in full compliance with State law and
City CEQA Guidelines
WHEREAS, on September 14, 2004, the City Council made the necessary
CEQA findings to approve the development agreement, adopted a statement of
overriding considerations and adopted a mitigation monitoring plan; and
WHEREAS, the development agreement is consistent with the objectives,
policies, general land uses and programs specified in the general plan in that the
production/post-production studio space with ancillary office space, its approved design,
and its public benefits are consistent with Land Use Objective 1.1 since the project
improves the quality of life for all residents by ensuring adequate park space and green
landscape space, by protecting the quality of life in residential neighborhood, by
assisting in the provisions of child care, and by encouraging greater pedestrian access;
Land Use Element Objective 1.8 which states that the City should "provide opportunity
for office and advanced technology uses requiring large floor areas;" Land Use Element
Policy 1.8.1 which provides that "the eastern portion of the Olympic Corridor should be
the priority location for office and advanced technology uses;" Urban Design Policy
3.3.15 which provides that the City should "reduce the visibility of surface parking, by
requiring that buildings or landscaping form a specified percentage of street facade on
major arterials;" and Urban Design Policy 3.3.16 which states that the City should
"encourage five- to twenty-foot setbacks from the streetfront and the Southern Pacific
Railroad right-of-way in order to allow room for landscaping and usable public open
space,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Development Agreement attached hereto as Exhibit 1 and
incorporated herein by reference between the City of Santa Monica, a municipal
corporation, and Lantana North Hines Development, LLC, a limited liability company, is
hereby approved.
SECTION 2. Each and every term and condition of the Development Agreement
approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica
Municipal Code and any appendices thereto. The City Council of the City of Santa
Monica finds that public necessity, public convenience, and general welfare require that
any provision of the Santa Monica Municipal Code or appendices thereto inconsistent
with the provisions of this Development Agreement, to the extent of such
inconsistencies and no further, be repealed or modified to the extent necessary to make
fully effective the provisions of this Development Agreement.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
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have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 28th day of September, 2004.
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Richard Bloom, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2140 (CCS) had its introduction on September 14,2004, and
was adopted at the Santa Monica City Council meeting held on September 28, 2004, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro T em McKeown,
Feinstein, Genser, Holbrook, Katz, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~\J.:>.~
Maria M. Stewart, CitY Clerk
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Exhibit 1
Development Agreement
By
City of Santa Monica
And
Lantana North Hines Development, LLC
For Lantana East
October 28, 2004
(Available for review at the City Clerk's Office)