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SR-022498-6G c,..~ "'J.,111 PCD SF KG AS PF f \plan\share\councll\stoas\dr97001 cov Council Mtg February 24, 1998 Santa MOnica, California TO Mayor and City Council FROM CIty Staff SUBJECT Certification of Statement of Official Action for Appeal 97-014 of the Planning Commission's Approval of Development Review 97-001 for the Project Located at 2200 Colorado Avenue INTRODUCTION ThIS report transmits for City CouncIl certIfication the Statement of OffiCIal Action for the denial of an appeal of the Planning Commission's approval of Development Review 97-001 for the construction of a 351-unit multi-family residential bUlldmg at 2200 Colorado Avenue, on the site commonly known as "The Arboretum" On November 11, 1997, the Council denied the appeal and upheld the Planning Commission approval based on the fmdlngs and conditions contained In the attached Statement of OffiCial Action Additionally, In approving the proJect, the City Council Introduced for first readIng an ordinance amending the Development Agreement to remove the limitation on the maximum number of stones for multifamIly residential hOUSing development BUDGET/FINANCIAL IMPACT The recommendation presented In thiS report has no budget or finanCial Impact 1 {,.<; &/Zq /4r RECOMMENDATION It IS respectfully recommended that the City Council approve the attached Statement of OffiCIal Action Prepared by Suzanne Fnck, Director of Planning and Communrty Development Karen Ginsberg, Planning Manager Amanda Schachter, Semor Planner Donna Jerex, AssocIate Planner City Planning Division Planmng and Community Development Department Attachment A Statement of OffIcial Action F \PLAN\SHARE\COUNCIL\STOAS\DR97001 cov 2 A TT ACHMENT A > C3 MiC Ui! J CITY OF SANTA MONICA CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER DR 97-001 LOCATION 2200 Colorado Avenue APPLICANT David Forbes Hibbert, AlA CASE PLANNER Donna Jerex, Associate Planner REQUEST Amendment to EXisting Development Agreement for 2200 Colorado Avenue (Development Agreement 97-001) and Development Review 97-001 for the Construction of a 351- UnIt Multi-Family ResIdential BUilding at 2200 Colorado Avenue CEQA STATUS 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 certified by the City Council on March 21, 1995 CITY COUNCIL ACTION November 11, 1997 Date X Approved based on the follOWing findings and subject to the conditions below Denied Other 1 tl1" - 05 , EFFECTIVE DATE OF ACTION: December 25. 1998 Development Agreement Amendment #3 and Development Review Permit EXPIRATION DATE OF PERMIT GRANTED: JUfllit 25. 1999 Development Review PermIt LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATEI51: Any request for an extension of the eXpiration date must be received In the Planning and ZOning DIvIsion prior to eXpiration of thiS permit SIX Months Development Review PermIt FINDINGS FOR DEVELOPMENT REVIEW 97-001 1 The placement of the proposed multi-family reSidential development with ground floor retaIl use on the Real Property and the location of the proposed uses (multi- family reSidentIal and commerclallretall) wlth'n the bUilding are compatible with, and relate harmonlously to, surrounding sites and neighborhoods In that consideration was given to the siting of the bUildings to provide adequate buffenng between uses such as the residential and shopping components, and the office and residential components Uses surrounding the entire project site Include Industnal, religious, and office (Including the Department of Motor Vehicles) to the north, an office development to the east (the Water Garden), office and Industnal uses to the south, and office uses to the west Given the mix of uses on the Site and In the surrounding neighborhood, the large setback areas between the bUildings and the streets, and the massing of the structures both on the site and surrounding the site (which range from single story bUildings to SIX stones ), the proposed uses and siting are compatible With those which are eXisting 2 The access pOints and Internal circulation plan are adequate to accommodate anticipated automobile and pedestrian traffiC for the proposed bUilding In that the Colorado parking access has received prelImInary approval, and IS subject to final review and approval by the City's ParkIng and TraffiC Engineer, and the site plan demonstrates that the commercial frontage along Colorado Avenue encourages pedestnan activity, especially from the Arboretum residential and office use components, and that the Intenor courtyard spaces encourages pedestnan activity 2 ~1Ii Uo for residents on the site by providing seml-pnvate recreational open space, as well as a means to access the clubhouse and retail portIons of the site 3 The bUilding height does not exceed that permitted by Section 9(b) of the Development Agreement In that the bUilding complies with the 84 foot height lImit In the Olympic Boulevard Zone, and the 70 foot heIght limIt of the Colorado Avenue Zone, With the exception of architectural features such as parapet walls, railings, and vertIcal design projects, which shall be reqUired to comply With reqUired bUilding heIghts pnor to submIttal to the Architectural Review Board for review 4 The setback requirements of Section 9(d) of the Development Agreement are complied With for the proposed bUilding In that the bUilding meets the minimum 20- foot setback base line requIrement In the setback ranges from 40 to 42 feet from the curbhne (and 23 feet from the property line) on the Colorado frontage, and ranges from approximately 55 feet to approximately 90 feet from the curbllne (and 20 feet from the property line) along the OlympiC frontage where the property abuts the railroad right of way 5 The proposed bUilding compiles With the BUilding Volume Envelope restnction of section 9(e) of the Development Agreement In that the maximum height of the bUilding on the Colorado and OlympiC frontages IS over 57 feet, and IS set back a minimum of 40 feet from the curb line along both frontages 6 The number of parking spaces reqUired by Section 9(f) and Exhibit C of the Development Agreement are being prOVided In that 664 spaces (maximum 266 compact) are reqUired and 753 spaces (maximum 301 compact) are proposed 7 The aggregate floor area square footage for each use on the Real Property In all bUildings previously approved under Section 9(1) of the Development Agreement, and that being proposed, compiles With Section 9(g) and 9(z) of the Development Agreement With respect to the last bUilding to be submitted for review In that the proposed available Floor Area Square Footage (FASF) for multifamily residential hOUSing IS 419,997 square feet, and the proposed project has a FASF of 285,492 square feet, which IS less than the 419,997 FASF remaining available for development for office and other uses 8 The lot coverage Will not exceed the maxImum 50% permitted for the entire project In that the sum of all projects approved and proposed for the entire Arboretum Site, Including the subject project, Will result In lot coverage of 38%, WIth a bUilding footpnnt total of 200,006 square feet, which IS under the maximum permitted 281,214 square feet 9 The placement of each use on the Property IS compatible With, and relates harmoniously to, all other uses on the Property In that the proposed bUilding IS 3 ItIlJQ - U7 developed In accordance wIth the development standards and permitted uses set forth In the Development Agreement, and that the siting of the residential bUilding relates harmoniously to the eXisting and proposed developments on the Arboretum site In that the project IS bounded by an approved office bUilding and proposed office bUilding on the west side, and a proposed office building on the east Side The bUilding matenals consIst of stucco with articulated planes echOing the design details and articulation of the Ralph's market on the development site While the bUilding designs are different, the matenals used are Intended to provide harmony and a consistent color scheme for all bUildings on the site 10 The design of the bUilding IS pedestrian-oriented and relates harmoniously to the surrounding Sidewalks and streets In that pedestnan traffic IS facIlitated by prOViding direct access to the retail uses from the public Sidewalk, the bUilding design prOVIdes the ability to Incorporate outdoor seating at the street frontage, and the IncluSion of ground floor neighborhood serving retail uses Will enhance pedestnan actIVIty on Colorado Avenue In addition, landscaped areas between the bUilding and the Sidewalk Include planters, and extensive paved areas punctuated by planters filled With trees, shrubs and flowers These deSign features create a pedestrian feel and help to enhance a Visually harmonious relationship With the surrounding Sidewalks and streets 11 The deSIgn of setback and open space areas vIsible from the publiC Sidewalks and streets features deSign elements which enhance and encourage Visual connection With the public streetscape and the Property In that the setback along the Colorado Avenue frontage ranges from 40 to 42 feet, and setbacks along OlympiC Boulevard range from 55 to 90 feet Due to these generous setbacks, the viewer's eye IS pulled In from the public Sidewalks to ample publIC gathering spaces and neighborhood serving retail spaces In addition, paved areas along the bUilding frontage Include planters filled With flowers, trees, and shrubs, which also enhance the bUilding deSign at the pedestnan level 12 Appropriate Internal pedestrian Circulation between related buildings eXists In that Internal courtyard areas can be accessed by reSIdents from several pOints along Intenor hallways or through the clubhouse, that landscaped and paved areas surrounding the building are accessible by Sidewalks and grass areas around the perimeter of the Site, and that walkways around the bUilding perimeter enable pedestnans to move Internally through the block 4 1f II!il O~ b [ CONDITIONS FOR DEVELOPMENT REVIEW 97-001 Conditions 1 The applicant shall provide funding In an amount not to exceed $75,000 for the design and Installation of updated Intersection Signal equipment as part of the City's centralized computer Signal control system for the intersection of 20th Street and Broadway This Will Include a new Signal controller, new Signal poles, mast arms, Signal head and Interconnect as determined appropriate by the City's TraffiC and Parking Engineer Notwithstanding the foregOing however, the applicant shall, In accordance With the Development Agreement, be entitled to request preparation of additional environmental analyses, at the applicant's expense, to determine whether a proposed development scenano which differs from a development scenano which was studied In the EnVironmental Impact Reports prepared for the project would. In fact, create a Significant environmental Impact on thiS intersection when compared to the Impact which would have been created by the uses permitted In the Development Agreement and Identified In the FInal EIR relating to Amendment Number Two as the "existing Development Agreement lJ If the applicant makes such a request and submits the necessary funds to pay for such additional environmental analyses, the City shall cause such additional environmental analyses to be prepared and Circulated for public comment to the extent reqUIred under the California EnVironmental Quality Act If such additional environmental analyses are prepared, they shall be presented to the Planning CommiSSion for review and the applicant shall be reqUired to mitigate those Significant adverse environmental Impacts, If any, whIch the Planning CommiSSion, or the City CounCil on appeal, finds are projected to result from such proposed development scenano which would not be projected to have resulted from the "existing Development Agreement]l In order to ensure the Improvements are completed, pnor to bUilding permit Issuance a cashier's check or cash depOSit In escrow from the applicant In the amount of $75,000 shall be reqUired Any cost savings WIll be reimbursed to developer upon completion of Improvements 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 regarding project phaSing or Exhibit D of the Development Agreement regarding substitute Improvements 2 Exterior walls and roofs shall be finished With light-colored matenals With high emissIvity charactenstlcs to reduce cooling loads Interior walls shall be finished With light-colored matenals, except where dark colors are preferable for aesthetiC effect, to reflect more light and thus Increase lighting effiCiency A performance check of the Installed space condltlonrng shall be completed by the developerllnstaller pnor to Issuance of a certIficate of occupancy to ensure that 5 ",... Ur ... ~1 energy-efficiency measures Incorporated Into the project operate as desIgned Heat-reflective draperies or other covering shall be Installed on appropnate exposures BUilt-In appliances, refngerators and space-conditioning equipment shall exceed the mInimum effiCiency levels mandated In the California Code of Regulations The applicant shall consult with the Southern California Edison Company and the Southern California Gas Company regarding any other feaSible energy conservation measures that could be Incorporated Into the design of the Project 3 The applicant shall comply With the applicable proVISions of NOIse Ordinance No 1638 (CCS) of the Santa MOnica Municipal Code and With the City of Santa Monica Construction Hours Ordinance The applicant shall enter Into a constructIon mitigation plan With the City In accordance With customary City polICies prior to Issuance of a bUIlding permit 4 To minimize excessIve light and glare, bUilding extenors shall utilize low reflectance matenals MIrrored glass and other hIghly reflectIve bUIlding matenals shall not be utilized on the exterior of bUildings All outdoor lighting other than Identification slgnage shall be directed from the perimeter of the property toward bUildings and parking areas utiliZing cut-off fixtures to prevent nIghttime Illumination to spill onto adjacent properties and resIdential uses on-site Exterior bUilding courts and corndor Illuminating shall be deSigned to minimize IntrUSive glare on adjacent land uses Low level security lights shall be used along driveway entrances Plant materials, shade structures and other architectural deSign features shall be used, where appropnate, to decrease reflectiVity of hardscape and light and glare toward adjacent land uses 5 The project shall comply With Ordinance 1506 (CCS), the Sprinkler Ordinance, to ensure adequate fire prevention In non-residential structures 6 Attempts shall be made not to obstruct any of the surrounding streets dUring the constructIon penod All construction equipment and matenals shall be kept on the project site to aVOid obstruction of traffiC Circulation, espeCially dUring traffiC peak hours As reqUired by the City of Santa MOnica Fire Department, access for fire equipment shall be maintained dUring construction 7 The applicant shall work With the Police and Fire Departments of the CIty on bUIldIng/complex deSIgn to assIst WIth emergency access to the sIte and on faCIlity deSign In terms of "target hardenlngP against Criminal activity for both reSidential and commercial deSign Entryways, elevators, lobbies and parking areas shall be well-Illuminated and deSigned With minimum dead space to eliminate areas of concealment 6 >nil lC 8 The Project shall comply with the City'S No Water Waste Ordinance (No 1527) and Ordinance No 1513, to the extent such ordinances are applicable to projects of comparable type and size EffiCient lITIgation systems shall be Installed to minimiZe runoff and evaporation and maXimize the proportion of water available for use by plant materials In landscaped areas Water conserving landscaping utiliZing drip lITIgation and appropnate mulching to retain SOil mOisture to the SOil shall be used In all common areas and encouraged elsewhere Within the Project If available to the ProJect, reclaimed water shall be utilized as a source to Irrigate large landscaped areas Drought-tolerant, low water consuming plant vanetles shall be used on site to reduce lITIgation water consumption None of the foregOing shall be applicable to the extent that Project utilizes the eXisting water treatment plant located on the Property to obtain water for Irrigation 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 regarding project phaSing or ExhibIt D of the Development Agreement regarding substitute Improvements 9 Information shall be prOVided to reSidents and employees of the project by applicant about the recycling services In the area Buy back centers and pOSSible markets for recyclables In the area shall be Identified Recycling glass, metal, paper, cardboard and other matenals to the maximum extent feaSible shall be suggested to reSidents and bUSiness Adequate space shall be proVided per current City speCifications for on-site trash and recyclable collection/separation 10 Pnor to Issuance of a bUilding permit for the project, The applicant shall submit an analYSIS to the City's Department of EnVironmental and Public Works Management demonstrating that the deSign of the proposed structure(s) WIll result tn a ten percent energy effiCiency Increase over the life of the structure{s) above the requirements of Title 24 of the California BUilding Code, to the extent such Increase can be Implemented on a cost-effective baSIS measured over the life cycle of the structure{ s) 11 Pnor to the Issuance of any demolition permit With respect to development on the Property, the applicant shall file a demolltlon matenals recycling plan for approval by the Department of EnVIronmental and PubliC Works Management which seeks to maximize the reuse/recycling of eXisting bUilding matenals Pnor to the Issuance of any bUilding permits With respect to developmenton 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/recycling of construction waste, and to maXimize the use of the recycled and environmentally supenor building matenals 7 .." 11 12 The applicant shall pay the City's applicable sewer connection fee subject to the follOWing 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 In landscaping, decorative water features and/or flushing of tOIlets and urmals (In each case, whether on-site 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 bUIlding permit Issuance b To the extent wastewater from floor area In new construction of the property IS used for multifamily residential hOUSing (whether or not used for commercial purposes), or other uses other than General Commercial Office IS not treated at an on-site sewage treatment system, the applicant shall pay the generally apphcable sewer connection fee for such floor area prior to bUilding permit Issuance 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 regarding project phaSing or Exhibit D of the Development Agreement regarding substitute Improvements 13 All drainage from the property must drain to the one or more of the publiC streets bounding the property or directly Into a public storm dramage system In a manner approved by the Department of EnVironmental and PubliC Works Management No surface dramage may be discharged onto abutting properties 14 Any Item permitted by the City's Zoning Code, as It may eXist from time to time, to project Into any required yard shall be permitted to project mto the reqUired setbacks set forth In SectIon 9(d) of the Development Agreement and the reqUired "BUilding Volume Envelope" standards of Section 9(e) of the Development Agreement All such projections shall be Ignored In determlnmg compliance 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 01 180 of the Municipal Code 15 The follOWing standards shall apply to the deSign of all solar energy systems (a) Roof-mounted solar collectors shall be placed In the location least VISIble 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 public view 8 "'1'1 - 12. (b) When feasible, collectors shall be Integrated Into the deSign of the bUildIng Structural support for the collectors shall be screened In a manner that IS compatible With the deSign of the bUilding (c) Appurtenant equIpment, particularly plumbing and related fixtures, shall be Installed In an attic or basement, where feasIble (d) Large accessory fixtures which must be exposed (e g , storage tanks) shall be screened where possible through architectural features that harmOnize With other deSign elements of the structure (e) Storage tanks shall not be located In any required front or Side yards, nor shall they be vIsible from any publiC nght-of-way (f) Extenor surfaces shall have a matte finish and shall be color-coordinated 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 16 Miscellaneous Deslon ReoUlrements (a) Every use shall be so operated that any SignifIcant, direct glare InCidental to the operation of the use shall not be VISible beyond the boundanes of the property (b) All signs on the premises shall comply WIth the proVISions of Chapter 9 52 of the City's Municipal Code (e) All commercial uses shall be so operated as not to produce humidity, heat, or cold which IS readily detectable by persons Without Instruments on adjacent parcels or nghts-of-way (d) All commercial uses shall be so operated that no loudspeakers, bells, gongs, buzzers, or other nOise attention or attracting deVices exceed 45 deCibels at anyone time beyond the boundanes of the property (e) No sales, rentals, long-term storage, repaIr work, dismantling, or servicing of any motor vehicle, trailer, airplane, boat, loose rubbIsh, garbage, Junk, or their receptacles, or bUilding matenals shall be permitted on the property (f) BUilding matenals for use on the property may be stored on the property dunng the time that a valid bUIlding permit IS In effect for construction on the property 9 "'... - 13 (g) No commercIal use shall cause a steady-state earth-borne osclllatlon which IS continuous and occurring more frequently than 100 tImes per mInute The ground Vibration caused by movmg vehicles. trams, aircraft, or temporary constructIOn or demolition IS exempted from these limits (h) The pedestnan entry to the structure shall be broadened and dIfferentiated m some fashion from the auto dnveway to highlight pedestrian accessways adjacent to (or crossing driveways), through the use of textured pavement (or other materials), and by potentially designing the entryway on one level with bollards or other features whIch separate the driveway from the open space areas, subject to review and approval by the Architectural Review Board (I) The Architectural Review Board shall pay particular attention to articulation and parapet roof design With a View of benefiCial Simplification and refinement 17 No pipelIne shall be bUilt, laid or maintained on the property For purposes of thiS Section, "plpellnen Includes all real estate, fixtures and personal property owned, controlled, operated or managed In connection With or to faCilitate the transmission, storage, dlstnbutlon or delivery of crude 011 or other flUid substance through pipelines, orovlded, however, that thiS Section does not apply to (1) Any pipeline used for the delivery of water or the removal of sewage (2) Any pipeline used for the delivery of natural gas (3) Any pipeline located exclUSively on the property and used In connection With any lawful activity thereon 18 Upon execution of the Development Agreement, Property Owner's predecessor-m-Interest paid to the City the sum of $2,200,000 The City and Property Owner mutually agree that thiS sum constitutes an initial advance payment by Property Owner of the Housing and Parks Fee and Affordable Housing Fee pursuant to Sections 12(a) and 12(c) of Amendment #2 Accordingly, In calculating the amount of Housing and Parks Fee and/or Affordable Housing Fee to be paid under Section 12(a) and 12(c) Property Owner shall be entitled to a dollar-far-dollar credit In the amount of such advance payment 19 Prior to Issuance of bUilding permits, the City shall verify that affordable housing requirements are proVided In accordance With SMMC Chapter 9 28 The number of affordable housing units proVided shall comply With the standard City interpretation of that chapter Amenities prOVided for the 10 i:lfi\l - 1 · 4 Incluslonary (affordable-rate) umts shall be the same as those provided for the market rate units, with the exception of number of bathrooms 20 The areas designated on the Zone Diagram as 'ColoradofTwentleth Plaza', 'Colorado/Cloverfleld Plaza', and 'OlymplclCloverfJeld Gateway' shall be developed and used for publJc vlewshed purposes (the 'Open Space') The Open Space shall consist of an aggregate of at least 40,000 square feet Of thiS 40,000 square feet, the Colorado/Cloverfield Plaza shall have a minimum of 3,000 square feet of Open Space The applicant shall cooperate With all surrounding property owners to develop a uniform landscape and streetscape theme The Open Space shall at all times remain the property of the Property Owner and shall be maintained by Property Owner at Its sole cost and expense A site plan demonstrating compliance shall be a condition of ArchItectural Review Board approval and required pnor to Issuance of bUilding permit OlymplclCloverfleld gateway has been landscape In accordance With Development Agreement Exhibit D Proof of compliance With the obligation to coordinate With other property owners re umform landscape/streetscape, IS required prior to Issuance of buildIng permits 21 The Development Agreement requires that the Property Owner pledge at least $250,000 to the Santa MOnica Arts Foundation (the "Foundation") for the acquIsition of artwork to be placed In 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 Within one year follOWing the date of the Development Agreement approval, the Art SelectIon Committee, With the approval of Property Owner, establish a plan consisting of general gUidelines for the type, Size, cost and location for various 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 Cloverfleld (Ralph's) shall be calculated and subtracted from the balance due In order to ensure compliance WIth thiS requirement, a cashier's check or cash depOSit In escrow from the applicant for any balance due shall be required prior to bUilding permit Issuance In addition, establJshment of Arts Selection CommIttee to be a condition of all projects Compliance required before Issuance of bUilding permit 22 The project shall comply With all prOVIsions of California Title 24 Energy RegulatIOns and shall Include energy effiCient applJances, as well as a minimum of the follOWing features (a) Energy Management Svstem All air conditiOning and other mechanical equipment and motors Will be started and stopped from the system console and water and air temperatures can be remotely reset The foregOing, In conjunction With remote sensing of outside and InSide conditions, Will 11 Iril'll - lG permit system operation refInements resulting In energy optimization, and will prevent unnecessary energy consumption dUring bUSiness and non- bUSiness hours This system Will also be used to control the use of hghtlng (b) AIr Condltlontna An economIzer or "free cooling" cycle Will be used which Will enable the use of outdoor air rather than mechamcally refngerated air whenever outside temperature permits Variable volume aIr dlstnbutlon systems Will allow air supply quantities to be reduced as cooling loads decrease resulting In reduced fan power consumption at reduced loads Air supply to penodlcally unoccupied areas, such as conference rooms, can be minimized Low pressure air dlstnbutlon systems Will be utilized to minimiZe fan horsepower Cold plenum temperature at air condltlomng units Will be reset automatically to a higher temperature (when air conditions warrant) With resultant energy savings (c) Lighting HIgh effICiency fluorescent lamp/ballast systems Will minimize energy consumption MaXimum provIsions for local light sWItching Will be provided to permit use of lighting only when space IS occupied Photo cell control of lighting In areas where naturallllumlnatron could suffice Will be provided Extenor and certain operatIonal lighting Will be controlled from the energy management system to optlmlze operation and minimize energy consumptIon Where decor or function dictate the use of Incandescent or tungsten halIde lighting, extensive control equipment Will be provided to optimize operation and Increase lamp life (d) Other Energv ConsIderations High effiCiency roof and wall Insulation as well as heat absorbing glass WIll be utilized to reduce cooling and heating loads All air supply ducts Will be Insulated to reduce energy losses to non air conditioned spaces Hot water piping and storage tanks Will be fully Insulated All tOilet fIxtures shall be "low flow" Sun shading of Windows will be Incorporated where appropriate to further reduce air condltronlng requirements SpeCific conditions regarding energy conservation requirements from the Amendment to the Development Agreement have been Incorporated Into the proposed Conditions of Approval for thiS project 12 "'jIg 16 (e) Adlustment for Substitute Technology (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 demonstrating to the Department's reasonable satisfaction that said substitution IS at least as energy effiCient as the measure It IS proposed to replace (II) The applicant's application shall state the speCific substitution beIng proposed and attach such plans, speCifications and supporting matenals as may be reasonably required by the City BUilding 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 westbound on Colorado Avenue between 20th Street and Cloverfleld 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-foot Wide Sidewalks (c) 8-lnches of concrete pavement In the street Widened portIon (d) 20-foot radiUS curb returns at the 20th and Cloverfleld Intersection (e) relocation of eXisting traffiC Signals and utilities (f) handicapped ramps (g) corner 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 Access POint on Colorado, a median In the continuous left turn lane suffiCiently long In City's Judgement to discourage such turns shall be prOVided If such median IS required, Property Owner may, at Its own expense and WIth the prror 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 With all applicable City ordinances Construction Will also Include reconstructIon of a portion of the eastbound fast lane With 11 Inches of AC pavement and AC overlay of the street by heat re-mlx method to the center line, reconstruction of eXisting storm drain laterals and re-stnplng of the street Property Owner shall grant any easement which may be necessary relating to the Widened street and the Sidewalk 13 ~ ",J 1 7 An additional right-turn lane at the eastbound approach to the Colorado Avenue and Cloverfleld Intersection shall be provided ThIs lane shall be at least 200 feet In length measured from the pOint where the 20 foot radius curb return begins on Colorado to the pOint where such nght turn land beings and will be added to the lane referred to In Item No 2 Property Owner shall grant any necessary easement for this additional lane and the related 8-foot Sidewalk In order to ensure these Improvements are completed a performance bond from the applicant In an amount to be determined by the EnVironmental and Public Works Management Department shall be required before Issuance of next bUilding 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 In accordance With the standards set forth In Section 6-C of the Development Agreement regarding project phasing or Exhibit 0 of the Development Agreement regarding substitute Improvements 23 Three full lanes for southbound traffiC on Cloverfleld Boulevard between Colorado Avenue and Olympic Boulevard shall be created by wldenmg Cloverfleld Boulevard 9-112 feet on the westerly Side Construction IS to Include (a) all new 8-foot Wide Sidewalks, curb and gutter (b) an 8-lnch thick P C C Widened section and slurry seal of Cloverfleld Boulevard for the remaining Width (c) construction of a 20-foot radiUS at Gloverfield and OlympIc Boulevards With new handicapped ramp (d) relocating eXisting traffiC signals and utIlities at the Intersection In order to ensure that these Improvements are completed a performance bond from the applicant In an amount to be determined by the EnVironmental and PubliC Works Management Department shall be required before Issuance of the next bUildIng permIt for the overall site CompletIon of these Improvements IS required before Issuance of certificate of occupancy for any development on the site Note in-lieu of above, City offers to accept payment as substitute Improvements, per the last paragraph of Exhibit 0 of the Development Agreement The amount of payment shall be determined based on publiC 14 ~4il 18 bidding process Agreement shall be In place pnor to Issuance of next bUildIng permit 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 regarding project phasing or Exhibit D of the Development Agreement regarding substitute Improvements 25 The traffiC signal standards, conduits, signal heads and controllers for the Intersections of Cloverfleld WIth Colorado and Olympic shall be modernized The applicant shall be responsible for only one half of the cost In order to ensure these Improvements are completed, a cashier's check or cash depOSit In escrow from the applicant In an amount to be determined by the Planning and Community Development Department shall be required prior to next bUilding permit Issuance for the overall Site Exact fees to be calculated based on public bidding process Any cost savings Will be reimbursed to developer upon completion of Improvements 26 On OlympiC Boulevard, a conventional curb and an 18-lnch Wide pee gutter from the Intersection of Cloverfleld and OlympiC to a pOint 210 feet westerly from such Intersection and a conventional curb and 3D-Inch Wide pee gutter from a pOint 210 feet westerly of the Intersection of OlympiC and Cloverfleld to a pOint In the easterly boundary of the railroad right-of-way deSCribed In Parcel 6 where It Intersects 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 crossing over Parcel 6 shall be constructed These Improvements shall be completed by December 31, 1998 or prior 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 regarding project phaSing or Exhibit D of the Development Agreement regarding substitute Improvements 27 New street sections (8-lnch PC C ) or right-turn pockets (150 feet In length) at each major driveway to the Project With all necessary Sidewalk easements shall be proVided Completion reqUired pnor to Issuance of a certificate of occupancy 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 regarding project phaSing or Exhibit 0 of the Development Agreement regarding substitute Improvements 15 II. - 19 28 A hydrology study for the SIte and adjacent streets In accordance wIth Environmental and Public Works Management Department gUidelines shall be submitted pnor to bUilding permit Issuance Any work to be performed as a result of this study will be limited to that directly related to Impacts of the Project on drainage In the area 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 regarding project phasing or Exhibit D of the Development Agreement regarding substitute Improvements 29 High pressure sodium street lighting on the south side of Colorado Avenue from 20th Street to Cloverfleld, on the west side of Cloverfleld from Colorado to OlympiC, and on the north sIde of OlympiC from Cloverfleld to the east sIde of the railroad nght-of-way described In Parcel 6 to the Intersecting of 20th Street and Colorado shall be deSIgned and constructed Lighting deSign shall be consistent With Colorado Place Phase I and Phase II under Agreement from Street Lighting Installation and Maintenance between Colorado Place LimIted and the City of Santa MonIca dated May 31, 1983 Completion of that portion adjacent to the project shall be completed prior to certifIcate of occupancy In-lieu of deSIgn and constructIon of these Improvements, the City offers to accept payment for the portion on Cloverfleld adjacent to the Project Construction or payment shall be determined pnor to building 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 In accordance With the standards set forth In Section 6-C of the Development Agreement regarding project phaSing or Exhibit 0 of the Development Agreement regarding substitute Improvements 30 Street trees shall be prOVided and Installed at the follOWing 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 Cloverfleld (Sony, Courtyard, Lincoln and Gateway) (c) Cloverfleld from Colorado to OlympIC (Gateway and Ralph's) (d) OlympiC from Cloverfleld to the easterly boundary of the railroad nght-of- way descnbed In Parcel 6 (Ralph's) Type, spacing and planting speCifications shall be approved by the Architectural ReView Board and sUblect to the review and approval of the 16 1>10, ...., - ell Director of Community and Cultural Services Installation for that portion adjacent to the Project shall be completed pnor to certificate of occupancy In-lieu of provISion and Installation of street trees, the City offers to accept payment for the portion on Cloverfleld adjacent to the Project as substitute Improvements, per the last paragraph of Exhibit D of the Development Agreement Construction or payment shall be determined prior to bUIlding permit Issuance The amount to be determined based on public bidding process 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 regarding project phaSing or Exhibit D of the Development Agreement regarding substitute Improvements 31 When reqUired by the Englneenng DIVISion, shonng plans, shall be submitted for review and approval pnor to bUilding permIt Issuance The fee for tiebacks In the public nght-of-way of $150 per tieback or soldier beam encroaching In the street rlght-ot-way shall be paid prior to bUilding permit Issuance 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 regarding project phaSing 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-lnch water line from 19th Street to Cloverfleld on OlympiC and a 12-lnch water line on 20th Street between Colorado and OlympiC These water lines will prOVide the reqUired fire service for the Project Installation will Include fire hydrants as reqUired by the Fire Department, a 12 x 12 tee on Colorado at 20th Street and a 14 x 12 cross on Cloverfield at OlympiC With a tie-In of the eXisting lines on OlympiC to the new lines Work to be done In accordance With Santa MOnica standards Because the new water lines to be Installed 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 reimbursement shall not be reqUired until City collects appropriate fees from subsequent developments on Real Property benefitting from such Installation DeSign plans must be approved by the City, and that portion of the 14-lnch water main which crosses Cloverfleld, must be Installed pnor to January, 1998 The remainder of line must be Installed prior to Issuance of bUilding permit 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 17 1IIf" 21 Development Agreement regarding project phasing or Exhibit 0 of the Development Agreement regarding substitute Improvements 33 Any future request for the on-site sale and consumption of alcoholiC beverages shall require the approval of a Conditional Use Permit pursuant to Section 21 of Development Agreement Amendment #2 34 All new construction shall be developed In compliance With the prOVISions of Santa Monica Municipal Code Chapters 7 10 and 8 04 and any other construction related technical codes adopted by the City and generally applicable to Similar projects developed In the City (liT echmcal Codes") which are In effect at the time of Issuance of a building permit for such new construction 35 All mechanical equipment that extends more than 12-lnches above the roof parapet shall be screened from view Equipment shall be screened from a hOrizontal plane on all Sides WIth an Impact resistant wall 36 The follOWing uses shall be permitted outSide of an enclosed bUilding on the property (1) Patio tables, chairs, umbrellas, and Similar outdoor accessones used In connection With a restaurant (2) Vending machines, Including weighing scales, when accessory to a business conducted Within 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 In height when located In the required setback, except for the fenCing located along the OlympiC Boulevard frontage and along the sldeyards, where the fence shall have an open deSign, and the maximum allowable height shall be 72 Inches Fence, wall or hedge height shall be measured from the eXisting grade In all cases, the fence, wall or hedge height shall be measured In a continuum at each pOint along the fence, wall or hedge NothIng In thiS Condition shall restnct the use of plant matenals, arbors, trellises or other landscaping In the requIred setback area so long (1) as any hedges In excess of forty-two Inches height are not opaque, and (2) no fence, wall or hedge, tree, planting or other obstruction obscures or blocks the VISibIlity of dnvers of automobiles entenng or eXIting any dnveway, parking lot or other vehicle accessway or constitutes an unreasonable and unnecessary hazard to persons lawfully uSIng an adjacent Sidewalk, street or other nght-or-way 38 One or more refuse containers and recycling containers shall be maintained on the premises The containers shall be of suffiCient capacity and number to 18 ..w - 22 accommodate the refuse and recycling matenals generated by the uses on the parcel, In compliance with gUidelines established by the Environmental and Public Works Management Department All outdoor storage or refuse, recyclable matenals and other Items 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 materials shall be screened from publiC view on a least three sides by a solid opaque Impact-resistant wall not less than five feet or more than eight feet In heIght, and on the fourth Side by a solid opaque Impact-resistant gate not less than five feet or more than eight feet In height, or of other such matenal or design approved by the Architectural Review Board The gate shall be maintained In working order and shall remain closed except dunng such times a refuse, recyclable matenals and other such Items are bemg discarded, placed for collection, or collected All refuse and recyclable matenals which are stored and collected from the same location out of doors shall be stored not more than ten feet form the property line which IS closest to the refuse collection pOint 39 The Director of the Environmental and PubliC Works Management Department shall require the design and placement of a refuse and recycling room or outdoor enclosure to provide adequate and accessible areas for the storage and collection of refuse and recyclable matenals The reSidential units shall be provided With refuse and recycling storage containers which are separate from those used by non-reSidential uses on the Property The containers shall be clearly marked as being reSidentIal use only and their use by any non- reSidential use shall be prohibited 40 In any new restaurant on the Property an air filtration and ventilation system shall be prOVided 41 The Project, including all Open Space shall be accessIble to handicapped persons 42 The applicant shall be reqUired to obtain Architectural Review Board approval pnor to Issuance of a bUIlding permit Architectural Review Board revIew shall be limited to the scope of reViewed allowed 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 Engineer for review and approval 19 ~m _ ')'" I' 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 regarding project phasing or Exhibit D of the Development Agreement regarding substitute Improvements 44 The applicant shall Install a sewage regulating tank, If reasonably deemed necessary by the Environmental and Public Works Management Department based upon available sewage capacity and other Improvements of sufficient size for the Project The Environmental and Public Works Management Department and the applicant may agree upon substitute Improvements for any of the foregoing which are designed to Improve traffic, utility or drainage conditions related to the Project so long as the total cost of such substitute Improvements does not exceed the total estimated cost of the deleted requirements, computed on the date upon which a contract IS entered Into for the substitute Improvements 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 regarding project phaSing or Exhibit D of the Development Agreement regarding substitute Improvements 45 Contaminated sOil on Parcel 1 shall be removed and disposed of In accordance with all applicable laws, ordinances and regulations of City and the State of California pnor to Issuance of a bUilding permit for any bUilding to be bUilt on Parcel 1 46 DUring construction equipment engines shall be kept In 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 techniques to reduce fugitive dust dunng construction 47 The applicant shall operate, contract for, or otherwIse prOVide pnvate security services for the ProJect, Including the parking garage 48 AutomatIc sprinklers shall be set to water landscaping dunng evening and early morning hours only to reduce excessIve water requirements due to water loss byevaporatlon The applicant shall be permitted to Incorporate water features Into the Project so long as the applicant demonstrates to the satisfaction of the EnVironmental and PubliC Works Management Department that the water loss from any such feature IS not excessIve 49 To the extent feaSible, the applicant shall maintain a staging area on the Real Property for use by construction vehicles and will deSign traffiC patterns for construction vehicles, both on-and-off-slte, In order to minimiZe Impact of 20 "'.... 24 construction activIties on adjacent streets The applicant shall cooperate With the City's Environmental and Public Works Management Department In order to develop other mutually acceptable means for minImizing Impact 50 The applicant shall not dlscnmJnate against any employee or applicant for employment on the basIs of race, religion or creed, sex, mantal status, national ongln, sexual Orientation or physical handicap and shall cause a similar provIsIon to be Inserted In any contract for work entered Into by the applicant related to the Project other than purchase orders for standard commercial supplies, matenals or other goods Subject to the prOVIsions noted above, the applicant 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 hiring of labor and the obtaining of matenals dunng construction relating to employment, upgrading, demotion or transfer, recruitment or recruitment advertiSing, lay-off or termination, rates of payor other forms of compensation and selection for training, Including apprenticeship Any such plan shall recognize the necessity of compliance With standard union hlnng practices and shall not establish quotas of any kind The applicant shall In all soliCitations or advertisements for employees placed by or on behalf of Property Owner, state that all qualified applicants Will receive conSideration for employment Without regard to race, religion or creed, sex, mantal status, national ongln, sexual onentatlon or phYSical handicap 51 Prior to building permit Issuance, the applicant shall pay to the City $600 per dwelling unit to be used for acqUISitions, Improvement, and expansion of public parks, playground and/or recreatIon faCIlities 52 The prOVIsions of Chapter 9 28 of the Santa Monica MuniCipal Code shall apply to the project, except that, Irrespective of the number of market rate Units Included In the project, In-lieu of prOVIding all units required to be affordable to lOW-Income on-SIte, the applicant shall be entitled to pay an In-lieu fee of 50% of the lOW-Income units on-site All Units requIred to be affordable to moderate- Income households shall be prOVided on-site and the Incluslonary Unit base pnce shall be $80,000 per unit, adjusted for Inflation from the effective date of the Amendment, In the manner prOVided In the Santa Monica MUniCipal Code Section 928 070(c) In effect on the effectIve date of Amendment #2 to the Development Agreement 53 All new construction shall be developed In compliance With the prOVISions of Santa MOnica MUniCipal Code Chapters 7 10 and 8 04 and any other construction related technical codes adopted by the City and generally applicable to Similar projects developed In the CIty ("Technical Codes") which 21 ~~ 25 I> are In effect at the time of Issuance of a bUilding permit for such new construction 54 A minimum of one hundred square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities shall be provided Courtyards, entry areas for two or more Units, lawns and play spaces which are physically separated from pnvate open space. rooftop gardens and other rooftop usable open space (not to exceed fIfty square feet per unit) and active recreation spaces such as sWimming pools and sports courts, shall count toward fulfillment of this requirement The rear yard may count toward fulfillment of the common open space requirement, prOVided It IS usable and accessible Side yards and portions of dnveways which are decorated or Interspersed With lawn or other acceptable groundcover may meet a portion of the reqUirement, subject to Architectural Review The minimum dimenSion of at least one area of common open space shall be ten feet In any directIon Any practical combination of lawn, paving, decking, concrete or other serviceable dust free matenal shall be used to surface common open space areas, With a slope of not more than five percent A minimum of thirty percent of the common open space area shall Include lawn or other acceptable groundcover ReqUired open space may not Include public or pnvate streets, dnveways, or utility easements where the ground surface cannot be used appropnately for open space or front yards ReqUired common open space may be reduced by one square foot for each addItional square foot of pnvate open space added beyond the required pnvate open space 55 A children's play area, which IS a minimum of 4,000 square feet, shall be prOVided on-site 56 A minimum of 50 square feet per Unit of usable pnvate open space shall be provided Pnvate open space shallmclude a deck, yard, patio or combination thereof which IS adjacent to, accessible from, and at the same or approxImate elevation as one or more pnmary spaces The minimum dimenSion of at least one such pnvate open space shall be no less than 7 feet In any dimenSion Pnvate open space shall be screened from common open space, dnveways and adjacent properties by a substantially opaque wall or fence a minimum of 3-feet 6-lnches and a maximum of 6-feet In height, except In the front yard setback area ReqUired pnvate open space may be reduced by 1 square foot for each additional square foot of common open space added but In no case leaVing less than 50 feet of required pnvate space All second floor Units shall have a balcony or deck of fifty square feet or more, With a minimum dimenSion of no less than 7 feet In any dimenSion, which IS adjacent to, accessible from, 22 .,fO 2(; and at the same or approximate elevation as one or more pnmary spaces of the Unit to be served Roof decks do not meet this requirement The railing of the balcony or deck shall be substantially opaque to protect the pnvacy of occupants First floor pnvate open space may project Into the entIre width of the side yard, and 10 feet Into the required depth of the rear yard Private open space may project 6 feet Into the required front yard as long as Its width does not exceed thirty percent of the bUilding Width at the front of the bUilding Plans shOWing that thiS requirement IS satisfied shall be submitted for approval to the City Planning DIVISion pnor to submittal to the Architectural ReView Board 57 ThiS approval IS for those plans dated April 8, 1997, a copy of which shall be maintained In the files of the City Planning DIVISion Project development shall be consistent With such plans, except as otherwise specified In these conditions of approval 58 The nghts granted by the approval of Development ReView 97-001 to allow construction of a 285,492 square foot, seven story, 351 unit apartment bUlldmg With 9,500 square foot of ground floor retail space and seven levels of at grade and above grade parking cannot be exercised until the effective date of the City Council's approval of Development Agreement 97-001 for a third amendment to the eXisting Development Agreement for the property known as "The Arboretum" 59 ThiS determination shall not become effective for a period of fourteen days from the date of determination or, If appealed, until a fmal determination IS made on the appeal Any appeal must be made In the form required by the Zoning Administrator The approval of thiS permit shall expire 18 months from the permit's effective date, unless, In the case of new development, a bUilding permit has been obtained pnor to the eXpiration 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 follOWing the earlIest to occur of the follOWing Issuance of a Certificate of Occupancy or, If not Certificate of Occupancy IS required, the last required final Inspection for the new construction One SIX month extension of the 18 month penod may be permitted If approved by the Director of Planning Applicant IS on notice that time extensions my not be granted If development standards relevant to the project have become restnctlve since project approval VOTE For Denial of Appeal No 97-014 and approval of Development ReView Permit 97-001 23 Ct' 27 Ayes Nays Abstam Absent Ebner, Feinstein, Greenberg, Holbrook, O'Connor, Rosenstein Genser For Introduction and first reading of ordinance approving amendment to Development Agreement #3 Ayes Nays Abstam Absent Ebner, Femstem, Genser, Greenberg, Holbrook, O'Connor, Rosenstein NOTICE If this IS a final decIsion not subject to further appeal under the City of Santa MOnica Comprehensive Land Use and ZOning Ordinance, the time within which Judicial review of this decIsion must be sought IS governed by Code of CIVil Procedure Section 10946, which provIsion has been adopted by the City pursuant to MUnicipal Code Section 1 16 010 I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. ~ ~~~ - ~ \0 I \.'1. '1. 8' Mana Stewart City Clerk Date 24 1t1lD ~ 28 I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Pnnt Name and TItle F \PLAN\SHARE\COUNCIL\STOAS\DR97001 WPD 25 1Il111l 29