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
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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
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ATTACHMENT A
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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(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'
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(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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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