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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 1 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, 2 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 3 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: 4 Approved and adopted this 28th day of September, 2004. f---~ 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 5 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)