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SR-011398-6M 6JM PCD SF KG AS PF f \pfan\share\councll\stoas\dr97005 cov Council Mtg January 13. 1997 JA" 1 3 198 Santa Monica. CalIfornia TO Mayor and City Council FROM City Staff SUBJECT Certification of Statement of OfficIal Action for Appeal of the Planning Commission's Approval of Development Review 97-005 at 2300 Colorado Avenue INTRODUCTION This report transmits for City Council certification the Statement of Official Action for Appeal 97 -017 of the Planning Commission's approval of Development Review 97-005 to allow construction of a portion of Phase III of Colorado Place (The Arboretum). conslstmg of a 191,000 square foot, Six-stOry office bUilding above a three-level. 625 space subterranean parking garage at the sIte located at 2300 Colorado Avenue On November 25, 1997. the Council denied the appeal and upheld the Plannmg Commission approval based on the findings and conditions contained In the attached Statement of OffiCial Action BUDGET/FINANCIAL IMPACT The recommendation presented In thiS report does not have any budget or financial Impact 1 bM JAN '3 198 RECOMMENDATION It IS respectfully recommended that the City Council approve the attached Statement of Official ActIon Prepared by Suzanne Frick. DIrector of Planning and Community Development Karen Gmsberg. Planmng Manager Amanda Schachter, Senior Planner Donna Jerex, Associate Planner City Planning DIVIsion Planning and Community Development Department Attachment A Statement of OffiCial Action F \PLANiSHARE\CQUNCll\STOAS\DR97005 cov 2 ATTACHMENT A 10<'" -Ol;~ ..~ .... - 0 C ~ CITY OF SA~TA ~IONICA CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE 1\1..;'YIBER DR 97-005 LOCATION 2300 Colorado Avenue APPLICANT David Forbes HIbben. AlA. CASE PLANNER Donna Jerex, A.ssoclate Planner REQU'EST Development ReVIew of a portIon of Phase III of Colorado Place (The Arboretum) consIStIng of a 191.000 square foot. SiX-StOry offIce bulldmg above a three-level, 625 space subterranean parlang garage CEQA STATeS The project has been preViously assessed as part of the review and approval of the Development Agreement and amendments thereto An EIR for the Arboretum project was certdied by the CIty CounCil on March 21, 1995 CITY COUNCIL ACTION 11/25/97 Date x Approved based on the follOWIng findmgs and subject to the condItIOns below DenIed Other ... .. 'll\ - I, L J EFFECTIVE DATE OF ACTION: 11/25/97 EXPIR-\TION DATE OF ANY PERMITS GR.\~TED: 5/25/99 Development Review PermIt LENGTH OF A~l' POSSmLE EXTE~SION OF EXPIR>\ TION Dr\. TElS): Any request for an extensIOn of the expIratIOn date must be receIved m the CIty Planmng DiVisIOn pnor to expiratIOn of this permit SiX Months Development Review Permit FINDINGS: 1 The placement of the proposed office bUildmg on the Real Property and the locatiOn of the proposed uses (general office) wIthm the bUild10g are compatible wIth, and relate harmomously to, surroundmg SItes and neIghborhoods 10 that the bUIld10g comphes with the setbacks and height !tmlts establIshed m the Development Agreement. which were estabhshed to ma.J.ntaln connnUlty between each phase of development: the bUIldmg desIgn and placement provides pubhc open space/vIewshed areas for the overall project Site, and that the landscapmg, walkways. and entry plaza have been deSigned to mclude a physical and vIsual connectIon to the other eXlstmg and proposed developments (Ralph's Supermarket, Sony MUSiC Campus. Twenl1eth Street Zone Office BUIldmgs) on the sIte through the use of SImIlar bUlldmg matenals. destgns, landscapmg, and continUOUS SIdewalks around the perimeter of the me. 2. The access pOintS and mternal CHculatlon plan are adequate to accommodate antlcIpated automobtle and pedestrIan traffic for the proposed bUIldmg m that the conceptual landscape deSign proVIdes for a senes of pedestnan Sidewalks Interspersed WIth landscaped areas which shall be subject to approval by the Archnectural ReView Board The proposed parkmg meets the lImItatIons and reqUIrements of the standards set forth m the Development Agreement One general dnveway access and one servIce dnveway access on Colorado have been proVIded and access and clrculatlon have receIved prellm10ary approval, and are subject to final reView and approval of the CIty's Parkmg and Traffic Engmeer. 3. The bU1ldmg heIght does not exceed that permltted by Section 9(b) of the Development Agreement m that the bUildmg compiles wuh the SIX -story, 84 foot heIght !tmll In the Colorado/Cloverfield Zone 2 ~.t t... . no.::; 4. The setback reqUlrements of SectIon 9(d) of the Development Agreement are complIed WIth for the proposed bmldmg in that the bUlldmg meets the mInImUm 20-foot setback base hne reqUIrement by bemg set back a mlOlmum of 39 feet on the Colorado frontage, and a rrnmmum of 51 feet along the Cloverfield frontage, and the placement of each proposed bulldmg IS compatIble WIth and relates harmomously to. the open space reqUired by Secnon 13(b) the Development Agreement 10 that the coverage IS approxImately 43% of the lot on WhICh It IS located, and the development of the bUilding would result In less than 50 % coverage for the overall project site 5 The proposed bUlldmg complIes WIth the BUlldmg Volume Envelope restnctIon of sectIOn 9(e) of the Development Agreement m that the maxImum height of the bUlldmg on the Colorado frontage Will be over 57 feet WIth an average setback greater than 55 feet, and the maxImum heIght of the bmldmg along the Cloverfield frontage 15 over 57 feet. and IS set back more than 40 feet from the curb hne along lts enure frontage 6. The number of parking spaces reqUired by Section 9(f) and ExhIbIt C of the Development Agreement are being provided in that 613 are reqmred and 625 are proposed The Development Agreement also restncts the maximum number of compact spaces to 40% of the total reqmred (or 245 spaces), and 135 (22%) are proposed 7. The aggregate floor area square footage for each use on the Real Property in all bUIldmgs preVIOusly approved under SectIOn 9( I) of the Development Agreement, and that beIng proposed, complIes WIth Secnon 9(g) and 9(z) of the Development Agreement With respect to the last buIldmg to be submItted for review 10 that the proposed 191.000 F ASF IS less than the 260.019 FASF rematntng available for development for office and other uses 8. The placement of each use on the Property IS compatible With, and relates harmOnIously to, all other uses on the Property m that the proposed buIldmg IS developed 10 accordance WIth the development standards and permItted uses set forth In the Development Agreement, and that the SItIng of the offi.ce bUIldmg relates harmOnIously to the eXIstIng and proposed developments on the Arboretum SIte m that the project IS bounded by an eXlstmg supermarket on the south (rear) SIde, and proposed mIxed use (IncludIng multi- famIly reSIdentIal) bUIldIngs on the west Side. The reSIdentIal portIon of the adjacent property IS buffered from the project by a dnveway to the parkIng garage. as well as admInIstratIVe, clubhouse, and commerCIal retall uses which are part of the mIXed use resldenual component whIch abut the project's SIde property hne In addItIon. the bUIldmg matenals conSIst of a red stone veneer arcade and cormces, dry wall fi.mshes which proVIde a stucco-hke appearance, and copper clad barrel roofing materials, (mcludlOg a glass paVIlIon wIth a copper roof). These matenals are slmtlar to those approved for the office buIldmgs In the Twentieth Street Zone Therefore, while the buIldmg deSigns are dIfferent, the matena1s used are mtended to prOVIde harmony and a conSIstent color scheme for all office bUIldmgs on the site t-.. ; (~ (r ~ ~ '-' I 9. The design of the bUildmg is pedestnan-onented and relates harmoniously to the surroundmg sidewalks and streets In that pedestnan traffic IS fa.c1lItated by provldmg access to the bUlldmg not only through the parkmg structure, but also through a large entry plaza and arcade set back 86 feet from the curbhne which provides direct, street-level pedestnan access from Colorado Avenue, and by providmg landscaped areas between the bUildmg and the Sidewalk WhICh mclude numerous planters for trees. mcludmg garden walls which double as benches, fountams m the arcade area and at the Colorado AvenuelCloverfield Boulevard corner, and extenSIve paved areas punctuated by planters filled with trees, shrubs and tlowers These deSign features create a pedestrIan feel and help to enhance a Visually harmOniOUS relatIOnship wlth the surroundIng SIdewalks and streets. If approved by the appropnate Cay Department, and agreed to by the developer. pedestnan onentatIOn may be enhanced by a publIc easement granted to the Cny by the developer whICh enables a Widened parkway/buffer from Cloverfield Boulevard, or, If such easement IS not received by the CIty, a meandenng path through the on-site landscapmg along the Clovertield Boulevard frontage shall create a harmonlous pedestnan enVIronment. 10. The deSign of setback and open space areas VISible from the pubhc SIdewalks and streets features deSign elements which enhance and encourage ViSUal connectIon w1th the public streetscape and the Property m that the setbacks on the Cloverfield Boulevard frontage are SI feet, and range from 39 to 86 feet along the Colorado Avenue frontage. Due to these generous setbacks, the viewer's eye IS pulled m from the public Sidewalks and streets to focal pomts which mclude a fountam. plaza, and seating area at the Colorado/Cloverfield corner; an arcade and senes of fountams on the Colorado A venue frontage; and paved areas along the bUlldmg frontage wh1ch mclude planters filled with flowers, trees. and shrubs, WhICh also double as seatmg areas for pedestnans 11. The project proVIdes appropnate Internal pedestnan CirculatIon between related bUlldmgs on the property In that an internal hallway WIll be prov1ded m the office bUlldmg so that pedestnans may walk mto the bUlldmg from the Colorado A venue entrance. and eXit through the south end of the bUlldmg and onto a landscaped pathway w1th pergolas and trelhses which leads directly to the neighbonng supermarket. and that the bUlldmg IS surrounded on all Sides by Interconnected pathways which proVide access to both nelghbonng parcels and the publIc Sidewalks. ~ /00,.. fJCC CondItIOns 1 Project Destgn (a) A pedestnan access pomt shall be provided on the south buIldmg facade, and an mtenor hallway or lobby area shall be provrded Inside the buIldIng whIch wIll allow pedestnans to enter the buIldmg on the Colorado A venue (northern) side, and eXit at the rear (southern side) of the oftlce bUIldmg and onto the rear pathway leadmg to the nelghbonng supermarket The terrace on the south side of the buIldmg shall connect to the adjacent supermarket property to proVIde adequate pedestnan access between the two bUIldIngs and propertIes DeSign features are subject to Architectural ReVIew Board reVIew and approval (b) The applicant shall consIder haVing part of the pedestrIan access way that connects to the east-west access connnue along the wests Ide landscaped area and reference the maln entrance to the reSidential bUlldmg, subject to ArchItectural ReView Board review and approval (e) The applIcant shall work With the CIty Engmeer regarding the Cloverfield Boulevard Sidewalks, either WIth the addition of an easement that would allow movmg the Sidewalk In from the street curb or allow the appl1cant to create addmonal pedestnan pathways along the east Side of the property. subject to review and approval by the Architectural ReView Board (d) The Architectural ReView Board shall reVIew a parallel path or parkway on the east SIde of the property that would move the bIg trees away from the bUIldmgs toward Clovertleld Boulevard to allow for an Improved landscaped comdoT and pedestnan use of the grounds (e) The westslde pathway along the north-south corndor shall be of a pIazza-lIke deSIgn, subject to Architectural ReView Board review and approval (1) The massmg of the three comer elements of the bUIldmg located at the Clover field Boulevard and Colorado Avenue !I1tersectlon (mcludmg the four-story cylmder structure, the fifth floor balcony area. and the SIxth floor glass roof feature) shall be examIned by the ArchItectural ReVIew Board to ensure compatibIlIty WIth the scale, massmg, and matenals of the entire buIldIng (g) The open space area adjacent to the intersection of Colorado A venue and Cloverfield Boulevard shall contain a pocket park WhICh shall be subject to review and approval by the ArchItectural ReVIew Board The fountaIn deSign mcluded in thIS area shall engender a connectIOn with the corner terrace so that the area as a 5 .... UC~ whole becomes a more useable space. Design plans shall be subject to ArchItectural RevIew Board reVIew and approval 2. The applicant shall provIde fundmg In an amount not exceed $75,000 for the deSIgn and mstallatlon of updated mtersectlon SIgnal eqUIpment as part of the City's centralIzed computer SIgnal control system for the mtersectlon of 20th Street and Broadway ThIS wIll mclude a new SIgnal controller, new SIgnal poles, mast arms, SIgnal head and Interconnect as deternuned appropnate by the CIty's Traffic and Parkmg Engineer. NotwIthstanding the foregomg however, the applicant shall, In accordance WIth the Development Agreement, be entltled to request preparatIon of additIOnal envIronmental analyses. at the apphcant's expense, to detenmne whether a proposed development scenarIO whIch differs from a development scenano WhICh was studIed In the EnVIronmental Impact Reports prepared for the project would, 10 fact, create a sIgmficant envIronmental Impact on thIS IntersectlOn when compared to the Impact WhIch would have been created by the uses permItted In the Development Agreement and IdentIfied 10 the Final ErR relatIng to Amendment Number Two as the "exIStmg Development Agreement" If the applicant makes such a request and submIts the necessary funds to pay for such addmonal enVironmental analyses, the CIty shall cause such addmonal environmental analyses to be prepared and CIrculated for publIC comment to the extent reqUIred under the CahfomIa EnVIronmental QualIty Act If such addmonal enVIronmental analyses are prepared, they shall be presented to the Planmng CommIssIOn for reVIew and the applIcant shall be reqUIred to mItigate those sIgmficant adverse envlTonmentalImpacts, If any, WhICh the Planmng CommISSIOn. or the CIty Councd on appeal, finds are projected to result from such proposed development scenarIO WhIch would not be projected to have resulted from the "exIstmg Development Agreement" In order to ensure the Improvements are completed, pnor to bUIldmg permIt issuance a cashier's check or cash depOSit m escrow from the appltcant In the amount of $75,000 shall be reqUIred. Any cost savmgs WIll be reImbursed to developer upon completIon of Improvements The Depanment of EnVIronmental and Pubhc Works Management may modIfy thIS condItIOn In accordance WIth the standards set forth In Sectlon 6-( of the Development Agreement regarding project phaslOg or ExhIbIt D of the Development Agreement regardlOg substItute Improvements 3 Extenor walls and roofs shall be fimshed WIth hght-colored matenals WIth hIgh emISSIVIty charactensucs to reduce cooling loads Intenor walls shall be fimshed WIth hght-colored matenals, except where dark colors are preferable for aesthetIc effect, to reflect more hght and thus mcrease lIghting effiCIency A performance check of the Installed space COndItIOmng shall be completed by the developerltnstaller pnor to issuance of a certIficate of occupancy to ensure that energy-efficiency measures Incorporated 1010 the project operate as deSIgned. Heat-retlecl1ve drapenes or other covenng shall be mstalled on appropnate exposures BUllt-m applIances, refngerators and space-condItIomng eqUIpment 6 f'lI'- I; i C shall exceed the mInimUm efficiency levels mandated m the Cahforma Code of RegulatIons. The applIcant shall consult wlth the Southern Callforma EdIson Company and the Southern CalIforma Gas Company regardlOg any other feasIble energy conservatIOn measures that could be mcorporated Into the design of the Project 4. The applIcant shall comply wlth the applIcable prOVIsIons of NOIse Ordmance No 1638 (CCS) of the Santa MOnica MUnicIpal Code and WIth the CIty of Santa MOnica Construcuon Hours Ordmance. The applIcant shall enter mto a constructlOn mItIgatIon plan WIth the CIty m accordance WIth customary CIty pohcles 5. To mImmIze exceSSIve 11ght and glare, bUIldmg extenors shall uulIze low retlectance matenals. ~hrrored glass and other hIghly retlecuve bUlldmg matenals shall not be utllized on the extenor of bUIldmgs. All outdoor lIghtmg other than IdentIficatIon sIgnage shall be dIrected from the pen meter of the property toward bUIldings and parkIng areas unhzmg cut-off fixtures to prevent mghttlme IllummatIOn to spIll onto adjacent propertIes and resIdenhal uses on-SIte Extenor bUIldmg courts and corndor IllummatIng shall be deSIgned to mInImIze mtruSive glare on adjacent land uses Low level secunty hghts shall be used along dnveway entrances Plant matenals. shade structures and other architectural deSIgn features shall be used. where appropnate. to decrease retlect!vlty of hardscape and lIght and glare toward adjacent land uses 6. The project shall comply With OrdInance 1506 (CCS). the Spnnkler OrdInance. to ensure adequate fire prevention In non-reSIdential structures 7. Attempts shall be made not to obstruct any of the surroundzng streets dunng the construcuon penod. All constructIOn eqUIpment and matenals shall be kept on the project SIte to aVOId obstructlOn of traffic cIrculatlOn, especIally dunng traffic peak hours. As reqUIred by the CIty of Santa MOnIca FIre Department, access for fire eqUIpment shall be maIntaIned dunng constructIon 8. The applIcant shall work WIth the Pohce and FIre Departments of the CIty on buildmg/complex deSIgn to aSSIst WIth emergency access to the Site and on faCIlIty deSIgn In terms of Utarget hardemng" aga.J.nst cnmmal aCbvHy for both reSIdential and commercIal deSIgn. Entryways, elevators, lobbIes and parkIng areas shall be well-IllumInated and deSIgned WIth mInImUm dead space to ehmmate areas of concealment 9 The Project shall comply wIth [he City's No Water Waste Ordmance (No 1527) and Ordinance No 1513, to the extent such ordlOances are applIcable to projects of comparable type and SIze EffiCient ImgatlOn systems shall be mstalled to mmlmIze runoff and evaporatIon and maxImIze the proportIon of water aVailable for use by plant matenals In landscaped areas Water conservmg landscapmg uul1Z1ng dnp ImgatIOn and appropnate mulchmg to retaIn soIl mOIsture to the soil shall be used In all common areas and encouraged elsewhere wIthm the Project. If aVaIlable to the ProJect. rechumed water shall ~s. -l';l~ be utilIzed as a source to Irngate large landscaped areas Drought-tolerant, low water consummg plan vanetIes shall be llsed on SIte to reduce IrngatlOn water consumptIon None of the foregomg shall be applIcable to the extent that Project utIlIzes the eXIStIng water treatment plant located on the Property to obtam water for IrngatlOn The Department of Environmental and Pubhc Works Management may modify thIS condItIOn 10 accordance wIth the standards set forth In SectIOn 6-C of the Development Agreement regardmg project phasmg or ExhIbIt 0 of the Development Agreement regardmg subsutute Improvements 10 InformatIon shall be proVIded to reSIdents and employees of the project by applIcant about the recyclmg servIces In the area Buy back centers and pOSSIble markets for recyclabLes In the area shall be IdentIfied Recychng glass, metal, paper. cardboard and other matenals to the maximum extent feaSIble shall be suggested to reSIdents and busmess Adequate space shall be proVided per current CIty speClticatlons for on-SIte trash and recyclable collectIon! separatlon 11. Pnor to issuance of a bUlldmg permit for the project, The apphcant shall submIt an analYSIS to the CIty'S Department of Environmental and Pubhc Works Management demonstratIng that the deSIgn of the proposed structure(s) wIll result In a ten percent energy effiCIency Increase over the lIfe of the structure(s) above the reqUIrements of Title 24 of the CalIforma Buildmg Code. to the extent such Increase can be Implemented on a cost-effective baSIS measured over the lIfe cycle of the structure(s) 12 Pnor to the issuance of any demolItIon permH WIth respect to development on the Property, the applIcant shall file a demolwon matenals recychng plan for approval by the Department of EnVIronmental and PublIc Works Management WhICh seeks to maXimize the reuse/recyclIng of eXlstlng bUlldmg matenals Pnor to the Issuance of any buIldmg permits With respect to development on the Property, a constructIOn matenals plan shall be filed for the approval of the Department of EnVIronmental and PublIc Works Management which seeks to maximize the reuse/recycltng of constructIOn waste. and to maXimIze the use of the recycled and envIronmentally supenor bUlldmg materIals 13. The apphcant shall pay the City'S apphcable sewer connectIon fee subject to the followmg reqUirements: a. To the extent wastewater from floor area of new constructIOn of the property IS treated at an on-SIte sewage treatment system and recirculated for use m landscapmg, decoratlve water features and/or flushmg of tOllets and unnals (m each case, whether on-SHe or off-SIte), the applIcant shall pay a sewer connectIOn fee of ten percent (10%) of the generally applicable sewer connectIon fee for such floor area pnor to bUIldmg perml! Issuance P" ,- (1 1 ~. . L. b To the extent wastewater from tloor area In new constructIon of the property is used for general commercIal office IS not treated at an on-site sewage treatment system, The applicant shall pay the generally appl1cable sewer connectlon fee for such floor area plus twenty-five cents ($ 25) per square foot of such floor area pnor to bUIldmg pennIt issuance. The Department of EnvIronmental and Pubhc Works Management may modify thIS COndition In accordance WIth the standards set forth In Section 6-C of the Development Agreement regardmg project phasmg or ExhIbIt 0 of the Development Agreement regard10g substltute improvements 14. All dramage from the property must dram to the one or more of the public streets boundmg the property or directl y mto a public storm dramage system tn a manner approved by the Department of EnVIronmental and Pubhc Works No surface draInage may be dIscharged onto abuttmg properties 15 Any Item permitted by the City's Zomng Code, as It may eXIst from time to tIme, to project mto any requIfed yard shall be permltted to project lOto the reqUired setbacks set forth tn SectIOn 9(d) of the Development Agreement and the reqUIred "BUlldmg Volume Envelope" standards of SectIOn 9(e) of the Development Agreement All such projectIons shall be Ignored to determmmg comphance WIth SectIOn 9(c) of the Development Agreement. As of the date of thiS Second Amendment. those permItted projections are set forth In Section 9 04 10 0 I 180 of the MumCIpal Code 16 The followmg standards shall apply to the deSIgn of all solar energy systems. (a) Roof-mounted solar collectors shall be placed In the locatiOn least v1Slble from a publIc nght-of-way WIthout redUCing the operatIng effiCIency of the collectors Wall- mounted and ground-mounted solar collectors shall be screened from pubhc new (b) When feaSible, collectors shall be lOtegrated lOto the deSIgn of the buddmg Structural support for the collectors shall be screened In a manner that is compatlble with the deSIgn of the bUildmg (c) Appurtenant eqUIpment, particularly plumbIng and related fixtures, shall be lOstalled 10 an attIC or basement, where feaSible (d) Large accessory fixtures WhlCh must be exposed (e g l storage tanks) shall be screened where posslble through architectural features that harmomze wnh other deSIgn elements of the structure (e) Storage tanks shall not be located In any reqUired front or SIde yards, nor shall they be vlSlble from any pubhc nght-of-way 9 "~ [jl~ (f) Extenor surfaces shall have a matte finish and shall be color-coordmated to harmonIze with roof matenals or other domInant colors of the structure (g) Any pool or spa facIlities shall be provided with a solar cover or solar water heatIng system. 17. Miscellaneous Desum ReOUlrements' - - (a) Every use shall be so operated that any slgmficant, direct glare mCidental to the operatlon of the use shall not be VIsible beyond the boundanes of the propeny (b) All signs on the premises shall comply with the provlSlons of Chapter 9 52 of the City's MUnicipal Code (C) All commercIal uses shall be so operated as not to produce humIdity, heat. or cold WhICh IS readIly detectable by persons without mstruments on adjacent parcels or nuhts-of-wav :0 J (d) All commercIal uses shall be so operated that no loudspeakers, bells. gongs, buzzers, or other nOIse attentlQn or attractmg deVices exceed 45 decibels at anyone time beyond the boundanes of the property (e) No sales, rentals, long-term storage, repaIr work, dismantling. or servlcmg of any motor vehIcle, tnuler, aIrplane, boat, loose rubbIsh, garbage, Junk. or theIr receptacles, or buildmg matenals shall be permItted on the property (t) BUlldmg matenals for use on the propeny may be stored on the property dunng the tllne that a valId bmldlOg permIt IS 10 effect for constructIon on the property (g) No commercIal use shall cause a steady-state earth-borne oscillatIOn WhICh IS contmuous and occurnng more frequently than 100 tImes per mmute The ground VIbratIOn caused by movmg vehicles, trams, alfcraft, or temporary constructIOn or demolItion IS exempted from these hmlts 18 No pipelIne shall be bUllt, laid or mamtamed on the property For purposes of thiS Section, "pipelIne" mcludes all real estate. fixtures and personal property owned. controlled. operated or managed In connection with or to faclhtate the transmiSSIon, storage, dIStributIOn or delivery of crude 011 or other tlutd substance through pipelInes; proVIded, however, that thIS Section does not apply to (1) Any pipelme used for the delIvery of water or the removal of sewage. (2) Any pIpelIne used for the delivery of natural gas 10 .... ~ -f)l~ (3) Any pIpehne located exclusIvely on the property and used in connectlon wlth any lawful actiVlty thereon 19 Upon executIOn of the Development Agreement Property Owner's predecessor-m- Interest paid to the CIty the sum of S2.200.000 The CIty and Property Owner mutually agree that thIS sum constItutes an lflltlal advance payment by Property Owner of the Housmg and Parks Fee and Affordable Housmg Fee pursuant to Sections 12(a) and 12(c) of Amendment #2. Accordmgly, In calcu]aflng the amount of Housmg and Parks Fee and/or Affordable Housmg Fee to be paId under SectIOn 12(a) and 12(c) Property Owner shall be entitled to a dollar-for-dollar credIt 10 the amount of such advance payment. 20 The areas deSIgnated on the Zone DIagram as 'Colorado/TwentIeth Plaza'. 'Colorado/Cloverfield Plaza'. and 'OlymplciCloverfield Gateway' shall be developed and used for publIc vlewshed purposes (the 'Open Space') The Open Space shall consIst of an aggregate of at least 40,OCX> square feet Of thiS 40,000 square feet, the Colorado/Clovertield Plaza shall have a mlOlmum of 3.000 square feet of Open Space The apphcant shall cooperate WIth all surroundmg property owners to develop a umform landscape and streetscape plan The Open Space shall at all urnes remam the property of the Property Owner and shall be mamtalOed by Property Owner at Its sole cost and expense A SIte plan demonstratIng compliance shall be a condll1on of Architectural ReView Board approval and reqUIred pnor to Issuance of bUlldmg permIt Olymplc/Cloverfield gateway has been landscape In accordance \\ilth Development Agreement Exhlbn D Proof of complIance wIth the obhgatlon to coordmate With other property owners re umform landscapeJstreerscape. IS reqUIred pnor to Issuance of bUildmg permits 21. The Development Agreement reqUIres that the Property Owner pledge at least $250,000 to the Santa Momca Arts FoundatIOn (the "Foundation") for the acqUlsmon of artwork to be placed 10 the publIc areas of the Project, an Art SelectIon CommIttee be formed conSIstIng of representatives of Property Owner, the Santa Momca Arts CommIssIon (the "CommiSSion") and the FoundatIOn, and WIthm one year followmg the date of the Development Agreement approval, the Art SelectlOn Committee. with the approval of Property Owner, estabhsh a plan conSIstIng of general gUldelmes for the type, Size, cost and locatIOn tor vanous artworks around the Project To satisfy this reqUIrement, $74,500 has been paid With a balance due of $175,500 The value of the fountaIn at OlympIC and Cloverfi.eld (Ralph's) shall be calculated and subtracted from the balance due In order to ensure complIance With thIS reqll1rement. a cashier's check or cash depOSIt In escrow from the apphcant for any balance due shall be reqUlred pnor to bUtldmg permIt Issuance In addmon. estabhshment of Arts Selection Committee to be a condmon of all projects ComplIance reqUired before Issuance of bUlldmg permIt ="'1 lr$' . ,I, \ ;":", I ,_ 22. The project shall comply WIth all proVISIOns of California TItle 24 Energy RegulatIOns and shall mclude energy effiCient applIances, as well as a minImUm of the followmg features: (a) Energy Management System All aIr condItlonmg and other mechamcal eqUIpment and motors WIB be started and stopped from the system console and water and au temperatures can be remotely reset The foregomg, In conjunctIon With remote sensIng of outSIde and Inslde condltlons. WIll permIt system operatIon refinements resultIng m energy OptlmIzatlOn. and wIll prevent unnecessary energy consumptlOn dunng busmess and non-bUSIness hours ThIS system WIll also be used to control the use of IIghtmg (b) AIr CondItlomng An economIzer or I free coolmg" cycle WIll be used which wIll endble the use of outdoor aIr rather than mechamcally refngerated au whenever outsIde temperature permits Vanable volume air dlstnbuuon systems Will allow au supply quantlUes to be reduced as coohng loads decrease resultmg In reduced fan power consumptIon at reduced loads Air supply to penodIcally unoccupIed areas, such as conference rooms, can be minimIzed Low pressure aIr dIstnbuhon systems Will be utlhzed to minImIZe fan horsepower Cold plenum temperature at cur condltlomng umts Will be reset automatIcally to a higher temperature (when cur condmons warrant) WIth resultant energy saVIngs. (c) LightIng HIgh efticIency t10rescent lamp/ballast systems wIll mInImiZe energy consumption Maximum prOVISIons for local hght sWItchmg WIll be prOVIded to permit use of hghtIng only v.'hen space IS OCCUpied. Photo cell control of lIghtIng In areas where natural IllulTImanon could suffice wIll be prOVIded Extenor and certam operatIonal iIghtmg wl11 be controlled from the energy management system to optlmlze operation and minImiZe energy consumptlOn Where decor or functIon dictate the use of Incandescent or tungsten hahde lighting, extensive control eqUIpment WIll be proVIded to optImIZe operatIOn and Increase lamp hfe (d) Other Energy ConSideratIons High effiCIency roof and wall msulatlOn as well as heat absorbmg glass WIll be utIlized to reduce cooling and heatmg loads AJI aIr supply ducts WlU be Insulated to reduce energy losses to non aIr conditIOned spaces Hot water plpmg and storage tanks wIll be fully Insulated All tOIlet fixtures shaH be <'low flow" Sun shadmg of wmdows WIll be Incorporated where appropriate to further reduce air condItIOning reqUIrements SpeCific conditions regardmg energy conservatIon reqUirements from the Amendment to the Development Agreement have been mcorporated Into the proposed CondItions of Approval for thIS prOject (e) A.dJustment for SubstItute TechnoloQ:Y 12 015 (I) The applicant shall be entitled to substitute other energy management measures In the project for those descnbed above upon submissIon of an application to the City BUilding and Safety DIvIsion demonstratlng to the Department's reasonable satisfactIon that saId substltunon IS at least as energy etUclent as the measure It IS proposed to replace (11) The apphcant's appllCatlon shall state the specltlc substItutIon bemg proposed and attach such plans, specIfIcations and supporting matenals as may be reasonably reqUIred by the CIty BUlldmg and Safety DIvISion to demonstrate the appropnateness of the substitutIon 23 Colorado Avenue shall be WIdened by 10 feet on the southerly Side to create two through traffic lanes eastbound and w-estbound on Colorado Avenue between 20th Street and Cloverfield Boulevard and one continUOUS left-turn lane In the mIddle of the street ConstructIon shall Include (a) new curb and gutter (b) all new 8-toot \vlde SIdewalks (C) 8-lOches of concrete pavement In the street \vldened portIOn (d) 20-foot radIUS curb returns at the 20th and Cloverfield mtersectlon (e) relocation of eXlstmg traffic sIgnals and utdltles (t) handIcapped ramps (g) comer cut-off easements for a four-foot clearance at the rear of each ramp (h) If left turns are prohIbIted by westbound traffic on Colorado, Into the easternmost A.ccess POint on Colorado, a medIan In the continUOUS left turn lane suffiCIently long m CIty 1 s Judgement to discourage such turns shall be prOVided If such medIan is reqUIred. Property Ov.mer may. at Its own expense and With the pnor approval of the City' s Department of EnVironmental and PublIc Works Management as to the number. location and deSIgn, place one or more directIOnal signs on the median to assIst traffic Such sIgn or SIgns shall be subject to approval by the City's Department of EnVironmental and Public Works Management as to the number, locatIOn and deSign shall comply \vlth all applicable CIty ordmances Constructlon WIll also mclude reconstruction of a portIOn of the eastbound fast lane WIth II Inches of A.C pavement and AC overlay of the street by heat re-mlX method to the center lme, reconstructIOn of eXlstmg stann dram laterals and re-stnpmg of the street Property Ow-ner shall grant any easement \\hICh may be necessary relatrng to the "\i1dened street and the SIdewalk An additIOnal nght-turn lane at the eastbound approach to the Colorado A.venue and Cloveriield IntersectJon shall be proVIded ThIS lane shall be at least 200 feet In length measured from the po lOt where the :W foot radiUS curb return begrns on Colorado to the pomt where such nght turn lane begms and wIll be ddded to the lane referred to 10 Item No 2 Property ::.3 ~.. . 11] - Owner shall grant any necessary easement for thIS addItIOnal lane and the related 8-foot sldev,ialk In order to ensure these Improvements are completed a performance bond from the apphcant In an amount to be determmed by the EnVIronmental and Public Works I\.bnagemem Department shall be requIred before Issuance of next bmldlng permit for the overall sIte Completion of the Improvements IS reqUIred before Issuance of certificate of occupancy for any development on the sIte The Department of EnVIronmental and Public Works Management may modify thiS conditIOn 10 accordance with the standards set forth In SectIon 6-C of the Development Agreement regardmg project phasmg or Exhibit D of the Development Agreement regarding substitute lInprovements 24 Three full lanes for southbound traffic on Clovertield Boulevard between Colorado Avenue and OlympIC Boulevard shall be created by wldenmg C10verfield Boulevard 9- 1/2 feet on the \\'esterly SIde Constructlon IS to mclude (a) all new 8-foot WIde Sidewalks. curb and gutter (b) an 8-mch thIck P C C \\'Idened section and slurry seal of Clovertield Boulevard for the remammg WIdth (c) constructIon of a 20-foot radIUS at Clovertield and OlympiC Boulevards \vlth new handIcapped ramp (d) relocatmg exlStmg traffic sIgnals and utilIties at the mtersectlon In order to ensure that these Improvements are completed a performance bond from the apphcant tn an amount to be determmed by the EnVironmental and Public Works Management Department shall be required before Issuance of the next bUlldmg permit for the overall sIte CompletIOn of these Improvements IS reqUired before lssuance of certificate of occupancy for any development on the site Note m-heu of above, Clty offers to accept payment as substitute Improvements, per the last paragraph of ExhibIt D of the Development Agreement The amount of payment shall be determmed based on publ1c blddmg process Agreement shall be m place pnor to Issuance of next bmldmg permit The Department of Envlfonmental and Pubhc Works Management may modify thIS condmon in accordance With the standards set forth m Sectlon 6-C of the Development Agreement regardmg project phasmg or Exhibit D of the Development Agreement regardmg substitute Improvements 'J"*' 1\ 1 8 25 The traffic signal standards. conduIts. sIgnal heads and controllers for the mtersectlOns ofCloverfield \vlth Colorado and Olympic shall be modermzed The applIcant shall be responsIble for only one half of the cost In order to ensure these Improvements are completed, a cashler's check or cash deposit In escrow from the applIcant 10 an amount to be determmed by the Plannmg and Community Development Department shall be reqUIred pnor to next bUlldmg permIt Issuance for the overall sIte Exact fees to be calculated based on pubhc blddmg process ;\ny cost savmgs will be reimbursed to developer upon completIOn of Improvements 26 On OlympIC Boulevard. a conventional curb and an IS-lOch wIde P C C gutter from the intersectIOn of Cloverfield and OlympiC to a pomt 210 feet westerly from such intersection and a conventIonal curb and J D-mch wIde pee gutter from a po lOt 2 I 0 feet westerly of the intersectIOn of OlympIC and Cloverfield to a pomt In the easterly boundary of the railroad nght-of-way deSCribed In Parcel 6 where It mtersects OlympiC shall be constructed A sIdewalk easement at the bus stop area to all for a 10-foot parkway and sidewalk area from the curb face shall be proVIded A.. new sIdewalk at the raIlroad on OlympIC crossmg over Parcel 6 shall be constructed These Improvements shall be completed by December 3 I. 1998 or pnor to Issuance of certIficate of occupancy for thIS prOject The Department of EnVIronmental and Public Works Management may modIfy thIS condItIOn In accordance With the standards set forth In SectIon 6-C of the Development Agreement regardmg prOject phasmg or Exhlbu D of the Development Agreement regardmg substitute llnprovements 27 ~ew street sectIOns (8-mch pee) or nght-lUrn pockets (150 feet 10 length) at each major dnveway to the Project \vlth all necessary SIdewalk easements shall be proVided CompletIon reqUlred prIor to Issuance of a certIficate of occupancy The Department of EnVIronmental and PublIc Works Management may modIfy thIS condItIon m accordance with the standards set forth In Section 6-C of the Development Agreement regardmg project phasmg or ExhIbIt D of the Development Agreement regardmg substItute Improvements 28 A hydrology study for the site and adjacent streets In accordance "vnh EnvlronmentaJ and PublIc Works Management Depanment gUIdehnes shall be submItted pnor to bUIldmg permIt Issuance. Any work to be performed as a result of thls study WIll be l1mIted to that dIrectly related to Impacts of the Project on dramage In the area The Department of EnVIronmental and Pubhc Works Management may modIfy thIS condItIOn In accordance v...lth the standards set forth In Section 6-C of the 15 illS Development Agreement regardIng project phasIng or ExhibIt D of the Development Agreement regardmg substItute Improvements 29. High pressure sochum street lIghting on the south sIde of Colorado A venue from 20th Street to Cloverfield, on the west side of Cloverfield from Colorado to OlympIC, and on the north Side of Olympic from Cloverfield (Q the east Side of the rarlroad nght-of- way descnbed in Parcel 6 to the mtersectIng of 20th Street and Colorado shall be desIgned and constructed LIghtmg deSign shall be conSistent WIth Colorado Place Phase I and Phase II under Agreement from Street L\ghtmg InstallatiOn and Mamtenance between Colorado Place Limited and th~ City of Santa Momca dated May 31, 1983 CompletIon of that portlon adjacent to the project shall be completed pnOf to certIficate of occupancy In-heu of deSign and constructIOn of these Improvements, the City offers to accept payment for the portIOn on Cloverfield adjacent to the Project ConstructIOn or payment shall be determmed pnor to bUlldmg permIt Issuance The amount of payment shall be determined based on public bIdding process The Department of EnVironmental and PublIc Works Management may modIfy this condItIOn m accordance WIth the standards set forth 111 SectIon 6-C of the Development Agreement regardwg project phasmg or Exhibit D of the Development Agreement regardll1g substitute Improvements 30. Street trees shall be proVIded and lI1stalled at the followlI1g locatIOns (a) 20th Street from the northerly boundary of the raJlroad nght-of-way descnbed In Parcel 6 to Colorado Avenue (Sony) (b) Colorado from 20th Street to Cloverfield (Sony. Courtyard, Lmcoln and Gateway) (c) Cloverfield from Colorado to Otymplc (Gateway and Ralph's) (d) OlympiC from Cloverfield to the easterly boundary of the rarlroad nght-of-way descnbed m Parcel 6 (Ralph's) Type, spaclI1g and planung speCIficatIOns shall be approved by the ArchItectural ReVIew Board and subject to the reVIew and approval of the Director of Commumty and Cultural ServIces InstallatIOn for that portIOn adjacent to the Project shall be completed pnor to certificate of occupancy In-heu of proVISIon and Installation of street trees. the CIty offers to accept payment for the portIOn on Cloverfield adjacent to the Project as substitute Improvements, per the last paragraph of ExhIblt D of the Development Agreement ConstructIOn or payment shall be determined pnor to bUlld1l1g permit lssuance The amount to be determmed based on public bIddmg process 16 ...... llc..U The Department of Envlronmental and Pubhc Works Nlanagement may modlfy thIS condmon In accordance wah the standards set forth 10 SectIOn 6-C of the Development Agreement regardmg project phasmg or Exhibit D of the Development Agreement regardmg substItute Improvements 31 When reqUIred by the Engmeenng DIVISion. shonng plans. shall be submItted for reVIew and approval pnor to buIldmg permIt Issuance The fee for tIebacks In the publIc nght-of-way of $150 per tIeback or soldIer beam encroachmg m the street nght-of-way shall be paid pnor to bUIldmg permIt Issuance The Department of EnVIronmental and PublIc Works Management may modIfy thIS conditIOn In accordance \Vlth the standards set forth m SectIOn 6-C of the Development Agreement regardmg project phasmg or ExhIbIt D of the Development Agreement regardIng substItute Improvements. 32. In-lIeu of the water connectIon fees for both domestIc and fire protectIon servIces, the applIcant shall Install a 14-mch water Ime from 19th Street to Cloverfield on OlympIC and a 12-mch water ~me on 20th Street between Co~orado and OlympIC These water lInes Will prOVide the reqUIred fire servIce for the Project InstallatIon WIll mclude fIre hydrants as reqUITed by the Fue Department. a 12 x 12 tee on Colorado at 20th Street and a 14 x 12 cross on Cloverfield at OlympiC WIth a tle-lfi of the eXistmg hnes on OlympIC to the new hnes Work to be done lTI accordance WIth Santa MOnIca standards Because the new water hnes to be mstalled Will benefit propertIes other than the Real Property, the CIty Will reImburse the applIcant for a pro rata portIon of the cost of such InstallatIon, whIch relmbursement shall not be reqUired untIl CIty collects appropnate fees from subsequent developments on Real Property benefittmg from such mstallatIon DeSIgn plans must be approved by the CIty, and that pomon of the 14-mch water mam WhICh crosses Cloverfield, must be lTIstalled pnor to January, 1998 The remamder of lIne must be Installed pnor to Issuance of bmld1l1g permit The Department of EnVIronmental and PublIC Works Managemem may modIfy thIS condmon 111 accordance WIth the standards set forth 1TI SectIOn 6-C of the Development Agreement regardmg project phaSIng or ExhIbIt D of the Development Agreement regardmg substItute Improvements 33. Any future request for the on-SIte sale and consumpnon of alcohohc beverages shall require the approval of a CondItIonal Use Permlt pursuant to Sectlon 21 of Development Agreement Amendment #2 34. All new constructIOn shall be developed 10 compliance WIth the provlSlons of Santa MOnIca Mumclpal Code Chapters 7 10 and 8 04 and any other constructlon related " - , , ...,., - 112 1 techmcal codes adopted by the City and generally applicable to SImIlar projects developed m the City ("Techmcal Codes") whIch are In effect at the tIme of Issuance of a bUildmg permIt for such new constructIon 35. All mechamcal eqUlpment that extends more than 12-mches above the roof parapet shall be screened from VIew EqUIpment shall be screened from a honzontal plane on all SIdes WIth an Impact reSIstant wall 36 The followmg uses shall be permItted outSide of an enclosed bUIldIng on the property (1) Patio tables, chaIrs, umbrellas, and Similar outdoor accessones used 10 connectIOn WIth a restaurant (2) VendIng machmes, mcludmg welghmg scales, when accessory to a busmess conductt wIthm a buIlding. (3) Border matenals, flower pots, trellIses and the lIke (4) Outdoor newsstands 37 Fences, walls or opaque hedges shall not exceed forty-two Inches 10 heIght when located In the reqUIred setback area unless approved by the Planmng CommisslOn Fence. wall or hedge heIght shall be measured from the eXIstmg grade In all cases. the fence, wall or hedge heIght shall be measured In a contInuum at each pOInt along the fence, wallar hedge Nothmg m thIS Condltlon shall restnct the use of plant matenals, arbors. trellIses or other landscapmg m the reqUIred setback area so long (1) as any hedges In excess of torty-two Inches height are not opaque, and (2) no fence, wall or hedge, tree, plantmg or other obstructIOn obscures or blocks the VISIbIlIty of dnvers of automobIles entenng or eXIting any dnveway. parktng lot or other vehIcle accessway or constitutes an unreasonable and unnecessary hazard to persons lawfully USIng an adjacent SIdewalk. street or other nght-of-way 38 One or more refuse contalners and recychng contamers shall be mamtamed on the premIses The contamers shall be of sufticlent capaCIty and number to accommodate the refuse and recychng matenals generated by the uses on the parcel. lTI complIance with gUldelmes estabhshed by the EnVIronmental and PublIc Works Management Department. All outdoor storage or refuse, recyclable matenals and other ltems or matenal Intended to be dIscarded or collected shall be screened from publIc VIew On parcels where refuse and recyclable matenals are both stored and collected adjacent to publIc nght-of-way, the refuse and recyclable matenals shall be screened from publIc VIew on a least three SIdes by a sohd opaque Impact-reslstant wall not less than five feet or more than eIght feet In heIght, and on the fourth slde by a solId opaque lmpact-resIstant gate not less than five feet or more than eIght feet In heIght. or of other such matenal or deSign approved by the Archltectural ReVIew Board The gate shall be m31ntamed m worlang order and shall remam closed except dunng such tImes a refuse, recyclable matena]s and other such Items are bewg discarded, placed for collectIOn. or collected A.ll refuse and recyclable matenals whlch are stored and --: .~ .L -___- . ,..., ""'\ :.. . i I t- c_ collected from the same location out of doors shall be stored not more than ten feet form the property hne WhICh IS closest to the refuse collectIon pOInt 39. The PrOject shall Include a refuse and recyclIng room or out door enclosure which comphes wlth all the requlfements of the C5 zone The DIrector of the EnVIronmental and Publzc Works Management Department shall reqUIre the deSIgn and placement of a refuse and recyclmg room or outdoor enclosure to provIde adequate and accessIble areas for the storage and collecnon of refuse and recyclable matenals 40. In any new restaurant on the Property an aIr filtratIon and venulatlon system shall be proVIded 41. The Project, mcludmg all Open Space shall be accessIble to handIcapped persons 42. The apphcant shall be reqUIred to obtaIn Architectural ReVIew Board approval pnor to Issuance of a bulldmg permit Architectural ReView Board reVIew shall be hmned to the scope of reviewed allo\',:ed In the MUniCipal Code and shall be subject to the development nghts granted to the Property Owner pursuant to the Development Agreement 43. CIVIl Engmeenng plans shall be prepared to City standards for all off-Site Improvements and submItted to the Office of the CIty Engmeer for reVIew and approval The Department of EnVIronmental and Pubhc Works Management may modify thIS CondItIOn In accordance WIth the standards set fonh In SectIOn 6-C of the Development Agreement regardmg project phasmg or Exhlblt D of the Development Agreement regardmg substitute lmprovements 44. The applIcant shall mstall a sewage regulatmg tank. If reasonably deemed necessary by the EnVIronmental and PublIc Works Management Department based upon aVallable sewage capacHy and other Improvements of suffiCIent SIze for the Project The EnVIronmental and Pubhc Works Management Department and the apphcant may agree upon substItute Improvements for any of the foregOIng whIch are deSIgned to Improve traffic, utllIty or draInage condluons related to the Project so long as the total cost of such substitute Improvements does not exceed the total estImated cost of the deleted reqUlrements, computed on the date upon which a contract IS entered Into for the substitute Improvements The Department of EnVIronmental and Pubhc Works Management may modIfy thIS condltlon In accordance wnh the standards set forth In Sectlon 6-C of the ....':J ~1l2J Development Agreement regardmg project phasing or ExhIbIt D of the Development Agreement regardmg substItute Improvements 45. ContamInated SOlI on Parcell shall be removed and dIsposed of In accordance WIth all apphcable laws, ordmances and regulatIOns of City and the State of Cahfomta pnor to Issuance of a bUIldIng permit for any buIldmg to be bUIlt on Parcel 1 46. Dunng constructIon eqUlpment engmes shall be kept m proper tune to reduce exhaust emISSIons. Such equIpment shall not be operated dunng first or second stage smog alerts. The applIcant shall use reasonable and typIcal watenng techmques to reduce fugltlve dust dunng constructlOn 47. The applIcant shall operate, contract for, or othef\~,']se proVide pnvate secunty services for the Project, Includmg the parlang garage 48. AutomatIc spnnklers shall be set to water landscapmg dunng evemng and early mornmg hours only to reduce excessIve water reqUirements due to water loss by evaporatIon The apphcant shall be permItted to Incorporate water features mto the Project so long as the applrcant demonstrates to the satIsfactIon of the EnvIronmental and Pubhc Works Management Depanmenr that the water loss from any such feature IS not exceSSIve 49. To the extent feaSible, the applIcant shall mamtam a stagmg area on the Real Property for use by constructIon vehicles and WIll desIgn traffic patterns for constructIon vehIcles, both on-and-off-sIte, In order to minImiZe Impact of construction actIVItIes on adjacent streets The apphcant shall cooperate WIth the CIty's EnVIronmental and Pubhc Works Management Department In order to develop other mutually acceptable means for mlnimlzmg lInpact 50 The applIcant shall not dlscnmlOate agamst any employee or applIcant for employment on the baSIS of race. religIOn or creed. sex. mantal status. natIonal anglO, sexual onentatlon or physlca1 handicap and shaH cause a SImIlar prOVISIon to be Inserted m any contract for work entered Into by the applicant related to the Project other than purchase orders tor standard commerCIal supplIes. matenals or other goods Subject to the provlSlons noted above. the apphcant will develop and submIt to the CIty for approval pnor to the commencement of constructIOn of the Project a SUItable affirmatIve actIon program for the hmng of labor and the obtammg of matenals dunng constructIon relatIng to employment, upgradmg, demotIOn or transfer. recrmtment or recruItment advertIsmg, lay-off or termmatlOn. rates of payor other forms of compensatIon and selection for trammg. mcludmg apprenticeshIp Any such L tJ '- ~q24 plan shall recogmze the necessny of complIance with standard umon hmng practices and shall not estabhsh quotas of any kind The applIcant shall In all soliCitatiOnS or advertIsements for employees placed by or on behalf ot Property Owner. state that all qualIfied applicants WIll receive consideratlon for employment without regard to race, rehglOn or creed. sex, manta! status, natlonal ongm, sexual onentation or phySical handicap 51, ThIS approval IS for those plans dated May 23, 1997, a copy of which shall be mamtaIned In the files of the City Planmng DIViSIOn Project development shall be conSistent WIth such plans. except as otherwIse speCIfied In these COnditiOnS of approval. 52 ThiS determmatIon shall not become effective for a penod of fourteen days from the date of determmatIon or. If appealed, untIl a final determInatIon is made on the appeal. Any appeal must be made 10 the form reqL1lred by the Zomng AdmInIstrator The approval of thIS permit shall expire 18 months from the permIt's effective date, unless, In the case of new development. a bmldmg permIt has been obtained pnor to the expIratlOn of thIS approval In order to exerCIse the nghts granted by thIS approval ThiS permit shall also expIre If the bUildIng permIt expires or if the nghts granted under thiS approval are not exerCised WithIn one year followmg the earhest to occur of the followmg lssuance of a Certificate of Occupancy or. ]f not Certtficate of Occupancy is required, the last reqUlred final mspectlOn for the new construction One SIX month extenSion of the 18 month penod may be permItted if approved by the Director of Plannmg ApplIcant 1S on notice that tIme extensIOns my not be granted If development standards relevant to the project have become restncUve Since project approval VOTE Ayes Nays Abstam Absent Ebner, Fem~tem, Greenberg, Holbrook. Rosenslern Gemer O'Connor 21 .. - Jj 2;) NOTICE Iftrus \s a final deciSIon not subject to further appeal under the CIty of Santa Momca Comprehens1Ve Land Use and Zomng Ordmance, the time \.vlthm whIch Judicial review of this decIsIon must be sought IS governed by Code of CIVil Procedure Section 1094 6. \VhlCh proVIsion has been adopted by the City pursuant to MUnIcipal Code SectIOn 1 16010 I hereby certify that this Statement of Official ActIOn accurately reflects the final determinatIOn of the City Council of the City of Santa MOnIca. '- ~~ ~~ Mana Stewart "- City Clerk ~ ~~ \ 19..'1'&" I hereby agree to the above conditions of approval and acknowledge that fadure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Pnnt Name and Tnle F "PLAN-SHARECOUNClL.STOAS'DR9700S ~. " ~L ,", ') ("' r.O