SR-8A (8)
SA
CA:f:atty\muni\strpts\arbo
City council Meeting 2/14/95
Santa Monica, California
FEB 11t 1995
TO: Mayor and city Councll
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT
BETWEEN ARBORETUM DEVELOPMENT PARTNERS, L. P. , A
CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF SANTA
MONICA
INTRODUCTION
At lts meeting on February 7, 1995, the City council introduced for
first reading an ordlnance of the city Council of the City of Santa
Monlca approving the Development Agreement Amendment between
Arboretum Development Partners, L.P., a Californla llmlted
partnership and the City of Santa Monica.
The ordinance is now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy city Attorney
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FEB 1" 1995
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Pillsbury Madison & Sutro
725 South Figueroa Street
Suite 1200
Los Angeles, California 90017
Attn: Thomas R. Larmore, Esq.
AMENDMENT NUMBER TWO
TO DEVELOPMENT AGRERMRNT
This Amendment Number Two to Development Agreement
("Second Amendment") is entered into as of this _ day of March,
1995 ("Effective Date"), by and between THE CITY OF SANTA MONICA,
a municipal corporation organized and existing pursuant to the
laws of the State of California and the Charter of the City of
Santa Monica (the "City"), and ARBORETUM DEVELOPMENT PARTNERS,
L.P., a California Limited Partnership ("ADP"), with reference to
the following facts:
A. ADP is the owner of that certain real property
located in the City of Santa Monica, State of California, which
is more particularly described in Exhib1.t "A-I" to this Second
Amendment (the "ADP Property").
B. Santa Monica Number Seven Associates, L.P., a
Delaware Lim1.ted Partnership ("S.M. No.7"), is the owner of that
certain parcel of real property adjacent to the ADP Property
wh1.ch 1.5 more particularly described in Exhibit "A-2" to this
Second Amendment ("Lot 7"). (The ADP Property and Lot 7 are
hereinafter collectively referred to as the "Real Property.")
c. The City and a prior owner of the Real Property,
Sopac Properties, Inc., a Delaware corporation ("Sopac"), entered
into a Development Agreement dated as of December 16, 1987 (the
"Original Development Agreement"), relat1.ng to the Real Property,
pursuant to California Government Code Section 65864, et 5eq.,
and Santa Monica Municipal Code Section 9800, et seq. (now
Chapter 9.48). The Original Development Agreement was recorded on
December 17, 1987, in the Official Records of the County of
Los Angeles as Instrument Number 87-1996737. (All capitalized
terms not defined herein shall have the meanings given those
terms in the Original Development Agreement.)
D. Pursuant to the terms and conditions of the
Or1.g1.nal Development Agreement, the City approved a plan for
development of the Real Property (the "Project") of up to an
aggregate of 1,040,490 square feet of Floor Area ("Maximum
20709073--218195
Project Floor Area") which included the following permitted uses
(collectively the "Original Permitted Uses"):
(1) A hotel of not more than 270,000 square feet;
(2) Restaurants, including fast food outlets, of
not more than 25,000 square feet;
(3) Retail, to serve employees of and vlsitors to
business on the Real Property, of not more
than 10,000 square feet;
(4) Health club of not more than 60,000 square
feet;
(5) Medical office of not more than 35,000 square
feet;
(6) Banks and savings and loans of not more than
20,000 square feet; and
(7) General commercial office and any siml1ar use
or any other uses that the Zoning
Administrator deems acceptable for the zone
(except for theaters).
E. Prior to the execution of the Orlglnal Development
Agreement by the City, the City Council of the Clty of
Santa Monica ("City Council") (1) duly adopted OrdJ..nance No. 1420
(CCS) on October 21, 1987, approving the Development Agreement,
(2) authorized the City Manager to execute the Development
Agreement on behalf of the City, and (3) certifled the original
final Environmental Impact Report for the project.
F. The Origlnal Development Agreement has been
amended, modified or clarified by the following documents:
(1) Memorandum of Clariflcation dated as of
December 16, 1987, between the City and SoPac
( "F irst Memorandum") .
(2) Second Memorandum of Clarification dated as
of December 16, 1987, between the City, SoPac
and Sopac Development Co., a California
corporation ("Second Memorandum") .
(3) Amendment Number One to Development Agreement
dated as of December 28, 1988, between the
City and SoPac ("First Amendment"), which was
recorded on January 5, 1989, in the Official
Records of the County of Los Angeles as
Instrument Number 89-15234. (The Original
Development Agreement, as clarifled by the
First Memorandum and the Second Memorandum
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and as amended and modlfied by the First
Amendment, is hereinafter sometimes referred
to as the "Development Agreement".)
G. Pursuant to the terms and conditions of the
Development Agreement, an office buildlng consistlng of 95,000
square feet of Floor Area has been developed on Lot 7 (the "Lot 7
Building").
H. The City and ADP mutually believe that
(1) There is a significant public need and
benefit to expand the supply of new
multlfamily-residential units in the City in
order to meet current and projected demands
for housing opportunities in the City and to
enhance the City's jobs/housing balance.
(2) Multifamily-residential housing should be
added as a permitted use on the ADP Property
and the development of such housing should be
encouraged within the overall square footage
parameters for the Project which were
established in the Development Agreement.
I. The provisions of this Second Amendment are
consistent with the City's General Plan for several reasons,
including, without limitatlon, the following:
(1)
(2 )
( 3)
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The Orlginal Permitted Uses were conslstent
with the General Plan at the time the
Original Development Agreement was approved
by the City Council and remain so as of the
date of this Second Amendment.
This Second Amendment would remove the hotel
as one of the uses now permitted under the
Development Agreement, as amended. Although
not inconsistent with the General Plan,
hotels are not listed as one of the priority
uses for the Special Office District.
This Second Amendment would add a General
Market/Grocery as a permitted use up to
50,000 FASF; that square footage would not be
available for any other use. The Land Use
and Circulation Element of the City's General
Plan (the "LUCE") encourages the development
of new markets and grocery stores,
particularly in the eastern and southeastern
portion of the City. The LUCE recognizes
that the number of supermarkets in the City
has declined. (See pages 29 and 37 of the
LUCE.) Two policies in the LUCE speak
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directly to the need for new supermarkets:
Policy 1.7.5 prov~des that the City should
"[e]ncourage the development of full-service
supermarkets in areas not currently served"
and Policy 1.7.7 encourages "the development
of groceries within a flve- to ten-minute
walking distance of areas not currently
served." One of the City's most important
planning policies has been to encourage the
development of a supermarket/grocery store
that would serve the Pico Neighborhood
because of the absence of any such store in
that area. Although the LUCE seeks to
channel large-scale office development into
the Special Office District, that policy has
been successfully achieved in large part and
the City does not interpret the LUCE as
precluding the development ~f other important
uses in that District. For example, under
"Major Land Use Proposals" on page 57, the
LUCE states that the City should "[d]irect
the majority of future office and retail
growth to the Downtown, the Special Office
District, and Wilshire Boulevard." (Emphasis
added. )
(4) The Second Amendment would also permit
Multlfam~ly ReSldential Housing in the
Project. The LUCE and consistent City
planning policies encourage the development
of residential housing in all commercial
zones. On page 78, the LUCE states that lt
expands "the opportunity for residential
uses, by maklng hous~ng an allowable use in
all commercial dlstricts . . ." Section 1.10
of the LUCE states as an objective of the
General Plan that the City should "[e]xpand
the opportunity for residential land use
while protecting the scale and character of
existing neighborhoods." One important way
in which to expand residential uses without
increasing the scale of neighborhoods
specifically zoned for residential use is to
permit housing in commercial zones.
Therefore, Policy 1.2.1 of the LUCE provides
that the City should "[e]ncourage residential
mixed use of appropriate commerc~ally zoned
parcels" and Policy 1.10.2 states that the
City should "[a]llow residential use in all
commercial districts, with intensity governed
by the applicable FAR and he~ght standards of
each district." The City has already
implemented this policy through Section
9.04.08.24.040(e) which permits multifamily
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dwell~ng units in the Special Office District
subject to the approval of a Conditional Use
Permit. The City believes that the Real
Property consists of appropriate commercially
zoned parcels for residential use because
there are no commercial uses permitted within
that district that are incompatible with
housing and because there is an existing
residential community located nearby. Also,
the Second Amendment, by permitting
multifamily residential housing within the
framework of the Development Agreement's
density and height limitations, carries out
Policy 1.10.2.
(6) The LUCE's goal to cause large-scale office
developments to be located in the Special
Office District has been achieved-in large
part through development and completion of
MGM Plaza, the Water Garden, Sony Music,
National Medical Enterprises and other office
projects. Development of residential housing
and a supermarket on the ADP Property, under
the limitations set forth in this Second
Amendment, is consistent with the totality of
the LUCE and with various important City
planning policies.
J. For the reasons set forth above, the City believes
it to be in the public interest to (i) permit the development of
a grocery store on the ADP Property, (ii) permit the development
of multi-family residential haus~ng on the ADP Property, (iii)
permit the replacement of square footage previously allocated to
the hotel for multi-family residentlal use (but for no other
uses), and (iv) permit development of the grocery store and any
other uses permitted by the Development Agreement, as amended
hereby, all as more specifically provided herein.
K. On May 21, 1993, ADP filed w~th the City an
Application to Amend the Development Agreement ("Amendment
Applicat1on") .
L. ADP has paid all necessary costs and fees
associated with the City's processing of the Amendment
Application and this Second Amendment.
M. A Draft Environmental Impact Report was prepared
by Env~ronmental Sciences Associates, Inc. for the City with
respect to the amendments to the Development Agreement contained
in this Second Amendment and circulated for public comment, all
In compliance wlth the California Env1ronmental Quality Act (the
"DEIR"). Comments on the DEIR were received from ADP and its
representatives, members of the public and certain governmental
agencies and a final Environmental Impact Report was prepared
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(the "Flnal EIR") and revlewed by the Planning Commission and the
City Council ln connection with their review of this Second
Amendment.
N. The City has complied with all procedures required
by California Government Code Section 65864, et seq., and Santa
Monica Municipal Code Sections 9.48.010, et seq.;-regarding the
processing of the Amendment Application and this Second
Amendment, including the following:
(1) The Planning Commission held a duly noticed
public hearing on the Amendment Application,
this Second Amendment and the Final ErR on
October 19, 1994 and on November 9, 1994 and
made its written recommendation to the City
Council in accordance with Santa Monica
Municipal Code Section 9.48.130: and
(2) Pursuant to Section 9.48.150 of the Santa
Monica Municipal Code, the City Council held
a duly noticed public hearing on the
Amendment Application, this Second Amendment
and the Final EIR on January 10, 1995. Upon
completion of the public hearing and
consideration of the recommendation of the
Planning Commission, the City Council adopted
an ordinance and related resolutions:
(2) (a)
(2) (b)
approving this Second Amendment:
finding that this Second Amendment
is consistent with the General Plan
for the City;
(2) (e)
authorizing the City Manager to
execute this Second Amendment: and
(2)(d)
certifying the Final ErR.
NOW, THEREFORE, in consideration of the covenants and
conditions hereinafter set forth, and for other good and valuable
consideratlon, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby agree that the
Development Agreement shall be further amended in the following
respects, such amendments to be applicable as of the Bffective
Date:
1. Section 1 of Development Agreement. The
following defined terms shall be added to the list of defined
terms in Sectlon 1 of the Development Agreement:
(a) "ADP" shall mean Arboretum Development
Partners, L.P., a California Limited Partnership, and its
successors-in-lnterest.
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{b} "Designated Area" shall mean the cross-
hatched area east of 20th Street, as shown on the Revised
Zone Diagram attached hereto as Exhiblt B.
(c) "General Market/Grocery" shall mean a
supermarket, market or grocery such as those supermarkets,
markets or groceries operated in the Southern California
region by operators such as Ralphs, Smiths, Vans, Alpha Beta
and the direct competitors thereof consisting of a minimum
size of 35,000 square feet.
(ct) "Live-work studio" shall mean a room or unit
in which the residential occupant also conducts his or her
business. Live-work studios shall be permitted only after
adoption of City-wide standards on live-work space, and
shall comply with the newly adopted standards.
(e) "Multifamily Residential Housing" shall
mean multiple fam1ly dwelling units, whether developed or
offered for rental or ownership, including without
limitation, apartments, condom1niums, town homes, stock
cooperatives and live-work studios, as defined in this
Agreement.
2. Section 9(b) of Development A9reement. Attached
to this Second Amendment as Exhibit B is a new Zone Diagram (the
"Revised Zone Diagram") replacing the Zone Diagram attached as
Exh1bit B to the Original Development Agreement. All provisions
of Section 9(b) of the Development Agreement shall be deemed to
refer to the Revised Zone Diagramand Section 9(b) is hereby
amended in its entirety to read as follows:
"(b) R:evised Zone Dia9rami Building Heights.
(i) The Revised Zone Diagram attached to
Amendment Number Two to this Agreement designates five
zones on the Real Property within which buildings may
be located (subject to all other requirements of this
Agreement) and sets forth, for each zone, maximum
Building Heights for the building or buildings to be
constructed in that zone of (x) eighty-four (84) feet
for the Colorado/Cloverfield Zone, the
Olympic/Cloverfield Zone (unless a General
Market/Grocery use is located in such zone, 1n which
case the maximum Building Height for such use shall be
fifty-six (56) feet) and the Olympic Boulevard Zone,
(y) seventy (70) feet for the Colorado Avenue Zone, and
(z) fifty-seven (57) feet for the Twentieth Street
Zone. Each zone may conta1n one or more building{s).
Any building constructed in two or more zones shall be
deemed to be in compliance w1th the maximum Building
Height limitations of this Agreement 1f the Building
Height of that portion of such building situated in any
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zone does not exceed the Building Height permitted ln
that zone.
(ii) The City hereby specifically approves
for the Project, as shown on the Revised Zone Dlagram,
a General Market/Grocery having an aggregate FASF not
to exceed 50,000 to be developed in an area of
approximately 125,000 square feet at the corner of
Olympic Boulevard and Cloverfield Boulevard and
designated in the Revised Zone Diagram as the
"Olympic/Cloverfield Zone" with a Buildlng Height not
to exceed fifty-six (56) feet.
(iii) No building may have a Building Height
in excess of eighty-four (84) feet or have more than
six stories.
(iv) The Zone Diagram does not shew the
location of a proposed health club anticipated to be
built below grade. Such a health club, not to exceed
60,000 FASF, may be located at any point below grade at
the discretion of property Owner subject to applicable
bUlldlng code and fire safety restrictions. Property
Owner may elect to place the health club above grade in
its sole discretion.
3. Section 9(e) of Development Agreement. Section
9(e) of the Development Agreement is hereby amended to read in
full as follows:
"(C) Maximum Site Coverage. The aggregate
square footage of the at-grade footprlnts of all
buildings in the Project shall not exceed flfty percent
(50%) of the total square footage of the Real Property
(i.e., shall not exceed 281,214 square feet)."
4. Building Volume Envelope. Section 9(e) of the
Development Agreement is hereby amended to read ln full as
follows:
"(e) Buildlng Volume Envelope. No building shall
project beyond the Building Volume Envelope except that this
restriction shall not apply to (i) any building with a
Building Height over 57 feet which is set back at least 40
feet from the Curb Line along its entire frontage, (ii) any
building with a Building Height not over 57 feet which is
set back at least 37 feet from the Curb Line along its
entire frontage, or (iii) a tower which is part of a market
located ln the CloverfieldjOlympic Zone, which tower is
located at the corner of the market closest to the
lntersection of Olympic and Cloverfield Boulevards, is not
over 56 feet tall, complies wlth the Building Volume
Envelope standards with respect to Cloverfleld Boulevard and
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is set back at least thirty-f~ve (35) feet from Olympic
Boulevard at its closest point."
5. Section 9(f)(i) of Development Agreement. Section
9(f)(i) of the Development Agreement is hereby amended to read in
full as follows:
"(i) The required number of parking spaces to be
provided in connection with the Project shall be determined
as follows:
(x) Except as provided in (z) below, ADP
shall provide the number of parking spaces required by
the City's generally applicable zoning ordinances in
effect on the date hereof for the General
Market/Grocery and Multifamily Residential Housing on
the ADP Property;
(y) For all other permitted uses, the number
of parking spaces calculated under Exhibit C to the
Development Agreement shall be applicable (except as
provided in (z) below and except for the hotel use
which has been deleted from the list of permitted
uses); and
(z) ADP shall be ent~tled to establish a new
shared-use parking formula to include the General
Market/Grocery and Multifamily Residential Housing with
the approval of the Plann~ng Commission or the City
Council on appeal so long as such new formula does not
increase the number of parking spaces which would be
required to be provided on Lot 7."
6. Section 9(g)(i) of Development A9reement.
(a) Maximum FA SF Computat~ons. Section 9(g)(i)
of the Development Agreement is hereby amended to read in
full as follows:
"(i) The Real Property is hereby approved for the
following uses:
Use
FASF Not to Exceed
.
General Market/Grocery
Health Club
50,000
.
60,000
.
Medical Office
.
Banks and savings and loans
35,000
20,000
25,000
.
Restaurants (including fast
food but not including
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cafeterias and d1n1ng rooms,
designed to primar1ly serve
the employees of a single tenant
and not open to the general
public and not including General
Market/Grocery)
.
General Commercial Office (including
cafeterias and dining rooms
designed to primarily serve the
employees of a single tenant and
not open to the general public)
and any similar use determined by
the zoning Administrator to be
not more disturbing or disruptive
than any specifically perm1tted
use except that theatre use shall
not be permitted
720,490 less the
FASF for uses other
than General Market/
Grocery and Multi-
Family Residential
.
Retail to serve primarily
employees of, or visitors to,
businesses located on the Real
Property
10,000
.
Multi-Family Residential
Housing
990,490
less the FASF
util1zed for all
other uses
(b) Permitted Uses:
(1) All of the uses identified in
Section (a) herein shall be deemed permitted uses
up to the maX1murn FASF designated in Section (a)
herein; provided, however, that (x) the City and
ADP acknowledge that a commercial office building
consisting of 95,000 FASF has been developed on
Lot 7 and, therefore, as of the date of this
Second Amendment, the remain1ng maximum permitted
FASF for General Commercial Office (and similar
uses determined by the zon1ng Adm1nistrator to be
not more disturbing or disruptive than any
specifically permitted use) is 625,490 less the
FASF for uses other than Multifam1ly Residential
Housing (but subject to the overall limitation of
1,040,490 FASF on the Real Property), and the
remaining max1mum permitted FASF for Multifamily
Residential Housing is 895,490 less the FASF
utilized for all other uses, and (y) the City and
ADP agree that the 50,000 FASF allocated for
General Market/Grocery use cannot be used for any
other purpose.
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(ii) Effective with this Second
Amendment a hotel shall no longer be a permitted
use for the ADP Property and all references to the
hotel or hotel building contained in the
Development Agreement shall be deleted.
(iii) Except as specifically provided in
the Development Agreement, as amended by this
Second Amendment, no conditional use permit or
other discretionary permits shall be required in
connection with the use of the ADP Property or any
portion thereof for any of the permitted uses in
Section (a) herein including, without limitation,
Multifamily Residential Housing, whether owner or
rental in nature.
7. Section 9(9)(i~i} of the Development A9reement.
Section 9(g)(iii) of the Development Agreement shall -be-amended
to read in full as follows:
"(iil) Restrictions on Specific Development. The
City and ADP hereby agree that the follow~ng restrictions
shall be applicable to development of the ADP Property:
(x) That portLon of the ADP Property within
the boundaries of the Designated Area, as shown on the
Revised Zone Diagram, shall be developed with a main or
primary use of general commercial or medical offices.
In addition to the development of such main or primary
uses, the Designated Area may only be developed
secondarily with ancillary restaurants, reta~l to serve
pr1marily employees of, or v~sitors to, tenants located
on the Real Property, banks and savings and loans, and
parking. Structures containing not more than 25,000
square feet of floor space for such non-main uses, plus
allowable surface parking (and an unlimited amount of
underground parking) may be constructed before a main
or primary use is constructed. That portion of the ADP
Property other than the Designated Area shall be
developed in such a way as to preserve at least 130,000
FASF for the Designated Area.
(y) That portion of Lot 4 of Tract 49694
which is not within the boundaries of the Designated
Area, as shown on the Revised Zone Diagram, shall be
developed only with the uses set forth in Section
9(g)(i) of the Development Agreement (without regard to
the changes being made by this Second Amendment but
excluding a hotel), which restriction shall expire and
be of no further force or effect after November 18,
1996.
(z) As indicated on the Revised Zone
Diagram, the portion of the ground floor level of all
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buildings having Colorado Avenue frontage shall be used
solely for those uses permitted in Section 9(g)(i) of
the Development Agreement (without regard to the
changes being made in this Second Amendment but
excluding a hotel); provided, however, that such
restriction shall not apply to that portion of any such
building which does not have Colorado Avenue frontage
except for Buildings located on any portion of the
Designated Area. Except as otherwise set forth in
Sections 9(g)(iii)(x) and 9(g)(iii)(y) above,
multifamily residential dwelling units shall be
permitted on any floor of a building or structure on
that portion of the ADP Property currently described as
Lots 1 through 5 of Tract 49694 above the street level
and shall be permitted in any portion of any building
on the ADP Property which does not have any frontage on
Colorado Avenue.
8. Sectlon 9(i) of the Development Agreement.
Subsection (ii) of Section 9(i) of the Development
Agreement shall be amended to read in full as follows:
"(ii) On Cloverfield Boulevard there shall
be no more than one Access Point, which shall be for
access exclusively to and from portions of the Project
utilized for Multifamily Residential Housing and
General Market/Grocery. This Access Point shall be
right-turn in and right-turn out only; provided,
however, that the Access Point may also include left-
turns into and out of the Project with the approval of
the City's Parking and Traffic Engineer and on such
conditlons as such Engineer may require."
9. Section 9(1) of the Development Agreement. The
following sentence is hereby added to the end of Section
9(1)(viii) of the Development Agreement:
"In addltion to the foregoing, the Planning Commission,
or the City Council on appeal, shall be required to
make the following additlonal findings in connection
with any such application: the placement of each use on
the ADP Property is compatlble with, and relates
harmoniously to, all other uses on the ADP Property,
the privacy of all residents in any Multifamily
Residential Housing shall be appropriately protected by
the proposed design through screening and buffering of
the different uses, the design of each building on the
ADP Property is pedestrian-oriented and relates
harmoniously to the surrounding sidewalks and streets,
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 ADP Property
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provides appropriate internal pedestrian-oriented
circulation between related build~ngs on the ADP
Property.
10. Presentation of Plan. The following new Section
9(1)(xi) is hereby added to the Development Agreement to read as
follows:
" (Xl) If a General Market/Grocery use has been
approved by the Planning Commission, or the City Council on
appeal, under the provisions of this Section gel), ADP shall
present to the Planning Commission with its next application
for review of a specific building under this Section gel), a
plan for development of the remaining portion of the ADP
Property showing the areas in which ADP then contemplates
the development of particular uses permitted hereunder and
landscaped open space. The City recognizes that any such
plan is subject to change in ADP's sole discretion based
upon its judgment as to the changes in market demand for
specific uses and nothing in this Section shall impair ADP's
right to make such changes in connection with subsequent
applications as it may determine are appropriate, subject to
the requirements of the remaining portions of this Section
9(1) as to the approval by the City of future specific
buildings. The Revised Zone Diagram represents a plan
designating potential uses of the ADP Property should a
General Market/Grocery use be developed in the
OlympicjCloverfield Zone which indicates the degree of
specificity needed in connection with future plans which may
be required under this Section 9(l)(xi)."
11. Section 12(a) of the Development Agreement.
Sectlon 12(a) of the Development Agreement is hereby amended to
read in full as follows:
"12. Mit1gation Fees.
(a) Housin9 and Parks Fee. Property
Owner shall pay to the City a housing and parks
mitigation fee ("Housing and Parks Fee") in an
amount computed by adding (a) $2.25 multiplied by
the first 15,000 square feet of net rentable Floor
Area utilized for medical or commercial office
space, plus (b) $5.00 multiplied by the amount of
net rentable floor area for such office space
above 15,000 square feet (except that the fee
computed at the rate of $2.25 per square foot
shall apply only to the first 15,000 square feet
of medical or commerclal office space in the
Project). The amount of each port1on of the
Housing and Parks Fee due pursuant to this
Section 12(a) shall be adjusted from the date of
the execution of this Agreement (December 1987) to
the month immediately preceding the date of
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payment based upon the intervening changes in the
Consumer Price Index for all consumer products for
the Los Angeles/Long Beach Metropolitan Area. The
amount of the Housing and Parks Fee due for any
building of the Project shall be based upon the
amount of net rentable Floor Area of medical or
commercial office space included within the
approved building permit for the building. Upon
the issuance of each building permit, Property
Owner shall promptly pay the Housing and Parks Fee
due thereon. Nothing in this Section 12 shall
require payment of a mitigation fee as a condition
for the issuance of a building permit for the
restoration of any building on the Real property
pursuant to Section 9(g}(vi) hereof. Housing and
Parks Fees paid under this Agreement shall be
allocated by the City in accordance with, and in
full satisfactlon of, Ordinance Number 1367~ (C~S),
as it may be amended from time to time, except
that to the extent the fee payable hereunder is
allocated for park space, it shall be utilized
solely for the acquisition and development of land
for new parks or expansion of existing parks,
including expenses related thereto, and shall not
be used for capital improvements, maintenance or
other purposes. The Housing and Parks Fee shall
not apply to any uses except medical and
commerclal offices. All other uses shall be
exempt from the Housing and Parks Fee including,
without limitation, General Market/Grocery,
Health Club, Banks and Savings and Loans,
Restaurants, and Multifamily Residential Housing.
12. Sections 12(c) and 12(d) of Development
Agreement. The following new Sections 12(c) and 12(d) are hereby
added to the Development Agreement.
"(c) Affordable Housln9. The
provisions of Chapter 9.28 of the Santa Monica
Municipal Code, as in effect on the date hereof, a
copy of which is attached hereto as Exhibit C,
shall apply to the Project in the event ADP elects
to develop Multifamily Resldential Housing; 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 households ("low-income units") on
site, ADP shall be entitled to pay an in-lieu fee
for 50% of the low-income units and shall provide
the remaining 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 inclusionary unit base price shall be $80,000
per unit, adjusted for inflation from the
-14-
20709073--2/8/95
effective date of this Amendment, in the manner
prov~ded in Santa Monica Municipal Code Section
9.28.070(c).
"(d) Credits Against Housing and Parks Fee
and Affordable Housin9 Fee.
Upon execution of the Development
Agreement, ADP's predecessor-1n-interest paid to the
City the sum of $2,200,000. The City and ADP mutually
agree that this sum constitutes an initial advance
payment by ADP of the Housing and Parks Fee and
Affordable Housing Fee pursuant to Sections 12(a) and
l2(c), respectively. Accordingly, in calculating the
amount of Housing and Parks Fee and/or Affordable
Housing Fee to be paid under Sections 12(a) and 12(c),
Property Owner shall be entitled to a dollar-for-dollar
credit in the amount of such advance payment."
13. Section 13(a) of the Development Agreement.
Section 13(a) of the Development Agreement is hereby deleted in
its entirety.
14. Section 13(b) of the Development Agreement.
Section 13(b) of the Development Agreement is
hereby amended to read in full as follows:
"(b) Open Space. The areas
designated on the Zone D~agram as 'Colorado/
Twent1eth Plaza', 'Colorado/Cloverfield
Plaza' and 'OlympicjCloverfield Gateway'
shall be developed and used for public
viewshed purposes (the 'Open Space'). The
Open Space shall consist of an aggregate of
at least 40,000 square feet. The
Colorado/Cloverfield Plaza shall have a
minimum of 3,000 square feet of Open Space.
The Olympic/Cloverfield Gateway shall contain
at least 25,000 square feet of Open Space.
rf the Project includes a General
Market/Grocery, such requirement shall be
satisfied by the development and landscap1ng
of the Olympic/Cloverfield Gateway in
accordance with the standards set forth on
Exhibit D attached hereto, and ADP shall
cooperate with all surrounding property
owners to develop a uniform landscape and
streetscape theme. The Olympic/Cloverfield
Gateway may, in the discret10n of ADP,
include a par course for public use. The Open
Space shall at all times remain the property
of Property Owner and shall be ma1ntained by
Property Owner at its sole cost and expense."
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20709073--2/8/95
The parties hereby acknowledge and agree that the
Colorado/Twentleth Plaza has been completed in accordance
with the Development Agreement and consists of 3,543.3
square feet.
15. Sectlon 13(c) of the Development A9reement. The
following constitutes the manner in which Section 13(c) shall be
complied with after the date hereof:
(a) Section 13(c) of the Development Agreement
requires, among other things, that (i) 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, (ii) an Art Selection
Committee be formed consisting of representatives of
Property Owner, the Santa Monica Arts Commission (the
"Commission") and the Foundation, and (iii) withln one year
following the date of the Development Agreement,-the Art
Selectlon Committee, wlth the approval of Property Owner,
would establish a plan consisting of general guidelines for
the type, size, cost and location for various artworks
around the Project.
(b) SMNSA, the Commlssion and the Foundation
established an "Arts in Public Places" project and selected
an artlst to design certain gates as a part of the
development currently located on Lot 7 as the first of these
projects. In connection therewith, SMNSA has expended
certain amounts towards the aggregate $250,000 pledge.
(C) Because no development has occurred on the
Real Property following the development of Lot 7 and because
of the change ln ownership of the ADP property to ADP, no
further work has been done by Property Owner, the Foundatlon
or the Commission wlth respect to additlonal artwork for the
public areas of the Project. Therefore, the City and ADP
agree that (i) additlonal amounts remain to be spent by ADP
in connection with artwork in public areas of the ADP
property in order to satisfy the aggregate $250,000 pledge
contained in Section 13(c) of the Development Agreement,
(ii) ADP shall work with the Commission and the Foundation
in order to reestablish the Art Selection Committee within
nine (9) months following the date of execution of this
Second Amendment, and (lii) upon reestablishment of the Art
Selection Committee I the Art Selection Committee and ADP
shall carry out the balance of the procedures set forth in
Section 13(c) of the Development Agreement.
16. Sect10n 14 of the Development Agreement. The City
and ADP mutually acknowledge and agree that the provisions in
Section 14 of the Development Agreement regarding the City's
review and approval of subdivislons and tract map applications
also apply to any Multifamlly Residential Houslng units which are
developed as condominiums or which are converted to condominiums
-16-
20709073--2/8/95
pursuant to the Tenant Ownership Rights Charter Amendment
(Article XX of the City Charter) or any other subsequently
enacted law authorizing conversion of rental units to
condomin1ums or other forms of ownership housing.
17. Section 15(e) of the Development A9reement. The
fourth sentence in Section 15(e) of the Development Agreement is
hereby mod1f1ed to read in its entirety as follows: "All toilet
fixtures shall be "low-flow."
18. Section 19 of the Development A9reement. Section
19 of the Development Agreement is hereby amended to read in full
as follows:
" 19. Amendment of AC]reement. This Agreement may
be amended, in whole or in part, as to any portion of the
Real Property except that (a) the following provisions of
this Agreement cannot be amended without the pri0r written
consent of the Owner of Lot 7: the definition of the
Designated Area; the location of any General Market/Grocery
use; the FASF of any General Market/Grocery use above
80,000; Section 9(g)(iii); the density and height
limitations applicable to Multifamily Res1dential Housing
uses; and this Section 19, and (b) no other provision of
this Agreement may be amended without the prior written
consent of the Owner of Lot 7 if such amendment would have a
material adverse economic effect on the value of Lot 7. The
procedures for determining whether any proposed amendment
will have 'a material adverse economic effect on the value
of Lot 7' are set forth in Exhibit E to Amendment Number Two
to this Agreement. Except as provided in (a) and (h) above,
this Agreement may be amended, 1n whole or in part, as to
any portion of the Real property without the consent of the
Owner of any other portion of the Real Property."
19. Section 15 of Exhibit D to the Development
Agreement. Section 15 of Exhibit D to the Original Development
Agreement is hereby amended to delete all of such Section except
for the first and last paragraphs, as they relate to the ADP
Property; such Section shall remain in full force and effect with
respect to Lot 7. In addition, ADP shall pay the City's
generally applicable sewer connection fee for all new
construction on the ADP Property, subject to the follow1ng:
(a) to the extent wastewater from Floor Area of
such new construct~on is treated at an on-site sewage
treatment system and recirculated for use in
landscaping, decorative water features and/or flush1ng
of toilets and urinals (in each case, whether on-site
or off-site), ADP shall pay a sewer connect~on fee of
ten percent (10%) of the generally appl1cable sewer
connection fee for such Floor Area;
-17-
20709073--2/B/95
(b) to the extent wastewater from Floor Area in
new construction of the ADP Property 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, ADP shall pay the generally
applicable sewer connection fee for such Floor Area;
and
(c) to the extent wastewater from Floor Area in
new construction on the ADP Property used for General
Commercial Office is not treated at an on-site sewage
treatment system, ADP shall pay the generally
applicable sewer connection fee for such Floor Area
plus twenty-five cents ($.25) per square foot of such
Floor Area.
20. New Paragraphs to be Added to Exh~bit B. The
following new paragraphs shall be added to Exhibit D to the
Original Development Agreement constituting requirements imposed
by the City's Departments of Planning and Community Development
and Environment and Public Works Management in response to
lmpacts identified in the Final EIR:
"16. Unless the ADP Property is developed in
accordance with elther "Scheme B" or "Scheme C," as
described in the Final EIR relating to Amendment Number Two,
or with uses which fall entirely within those permitted
under the Development Agreement without regard to Amendment
Number Two, ADP shall provide funding in an amount not to
exceed $75,000 for the design and installation of updated
intersection signal equlpment as part of the City'S
centralized computer signal control system for the
intersection of 20th Street and Broadway. ThlS wlll include
a new signal controller, new signal poles, mast arms, slgnal
heads and interconnect as determined appropriate by the
City'S Traffic and Parking Engineer. Notwithstanding the
foregoing however, ADP shall, at any time after the
Effective Date, be entitled to request preparation of
additional environmental analyses, at ADP's expense, to
determine whether a proposed development scenario WhlCh
differs from a development scenario which was studied in the
Environmental Impact Reports prepared for the Project would,
in fact, create a slgnificant 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." If ADP makes such 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
-18-
20709073--2/8/95
prepared, they shall be presented to the Planning Commission
for review and ADP 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
scenario which would not be projected to have resulted from
the "existing Development Agreement."
"17. ADP shall pay any additional cost which mlght
be required in order to make permanent the temporary
westbound left turn lane at Centinela Avenue and Colorado
Street.
"18. Exterlor walls and roofs shall be flnished
with light-colored materials wlth high emlssivity
characteristlcs to reduce cooling loads. Interior walls
shall be finlshed with light-colored materials, except where
dark colors are preferable for aesthetic efLect,-to reflect
more light and thus increase lighting efficiency. A
performance check of the installed space conditioning shall
be completed by the developer/installer prior to issuance of
a certificate of occupancy to ensure that energy-efficlency
measures incorporated into the project operate as designed.
Heat-reflective draperies or other coverings shall be
installed on appropriate exposures. BUllt-in appliances,
refrigerators and space-conditioning equipment shall exceed
the minimum efficiency levels mandated in the California
Code of Regulations. ADP 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.
"19. ADP shall comply with the appllcable
provisions of Noise Ordinance No. 1638 (CCS) of the Santa
Monica Munlcipal Code and with the City of Santa Monlca
Construction Hours Ordinance. ADP shall enter lnto a
construction mitigation plan with the City in accordance
with customary City pollcies.
"20. To minlmize excessive Ilght and glare,
building exteriors shall utilize low reflectance materials.
Mirrored glass and other highly reflective buildlng
materials shall not be utillzed on the exterior of
buildings. All outdoor lighting other than identification
signage shall be directed from the perimeter of the property
toward buildings and parking areas utilizing cut-off
fixtures to prevent nighttime illuminatlon to spill onto
adjacent properties and residentlal uses on-site. Exterior
building courts and corridor illumination shall be designed
to minimize intruslve 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
-19-
20709073--2/8/95
appropriate, to decrease reflectivity of hardscape and light
and glare toward adjacent land uses.
"21. The project shall pay to the City $600 per
dwelling unit to be used for the acquisition, improvement,
and expansion of public parks, playground and/or recreatlon
facilities.
"22. The proposed project shall comply with
Ordinance 1506 (CCS), the Sprinkler Ordinance, to ensure
adequate fire prevention in non-residential structures.
"23. Attempts shall be made not to obstruct any of
the surrounding streets during the construction period. All
construction equipment and materials shall be kept on the
project site to avoid obstruction of traffic circulation,
especially during trafflc peak hours. As required by the
City of Santa Monica Fire Department, access for-fire
equipment shall be maintained during construction.
"24. ADP shall work with the Police and Fire
Departments of the City on building/complex design to assist
with emergency access to the slte and on facility design in
terms of "target hardening" against criminal activity for
both residential and commerclal design. Entryways,
elevators, lobbies and parking areas shall be well-
illuminated and designed wlth minimum dead space to
eliminate areas of concealment.
"25. 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 Slze. Efficient lrrigation systems
shall be installed to mlnlmize runoff and evaporation and
maximlze the proportion of water avallable for use by plant
materlals In landscaped areas. Water conserving landscaping
utilizing drip irrigation and appropriate 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 ADP Property, reclaimed water shall be utilized as a
source to irrigate large landscaped areas. Drought-
tolerant, low water consuming plant varieties shall be used
on site to reduce irrigatlon water consumption. None of the
foregoing shall be applicable to the extent that ADP
utilizes the existing water treatment plant located on the
Property to obtain water for irrigation.
"26. Information shall be provided to residents
and employees of the project on the ADP Property about the
recycling services in the area. Buy back centers and
posslble markets for recyclables in the area shall be
identified. Recycling glass, metal, paper, cardboard and
other materials to the maximum extent feaSlble shall be
suggested to residents and business. Adequate space shall
-20-
20709073--2/8/95
be provided per current City specifications for on-site
trash and recyclable collectlon/separation.
"27. Prior to issuance of a building permit for
any portion of the Project on the ADP Property, other than
the General Market/Grocery, ADP 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 in a 10 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).
"28. Pr10r to the ~ssuance of any demolition
permit with respect to development on the ADP Property, ADP
shall file a demolition materials recycling pla~ for
approval by the Department of Env1ronmental and Public Works
Management which seeks to maximize the reuse/recycling of
existing building materials. Prior to the issuance of any
building permits with respect to development on the ADP
Property, a construction materials 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 superior bU1ldlng materials."
21. Sale and Consumption of Alcoholic Beverages.
(a) On-Sale in Restaurants. The City hereby
agrees that on-site sale and consumption of alcoholic
beverages shall be permltted 1n up to three restaurants
located in the Project, except those restaurants where
take-out service is primary. Separate conditional use
permits (CUPs) shall be requ~red for all on-site sale and
consumption of alcoholic beverages, such CUPs to be issued
or denied pursuant to standards then being applied by the
City with respect to on-site sale and consumption of
alcoholic beverages generally except that the City shall not
deny CUPs for up to three outlets on the Real Property on
the basis of the concentration of such outlets in the area
in which the Real Property is located. Nothing in this
Section 15(a) shall preclude Property Owner from applying
for conditional use permits for additional outlets selling
alcoholic beverages for consumption on site and such permit
applications shall be considered by the City under the
conditions generally appllcable throughout the City at that
time, including those relating to concentration.
(b) Off-Sale in General Market/Grocery Space.
The Clty hereby agrees that a separate cond1tional use
permit (CUP) is not required for the off-site sale and
consumption of alcoholic beverages 1n the General
-21-
20709073--2/8/95
Market/Grocery and ADP agrees that the aggregate amount of
linear shelf space devoted to alcohol~c beverages will not
exceed 950 feet, and that fortified wine will not be sold
for off-site consumption. Nothing in this Section (b) shall
preclude Property Owner from applying for conditional use
permits for add~t~onal outlets selling alcoholic beverages
for consumptlon off site and such permit applications shall
be considered by the City under the conditions generally
applicable throughout the City at that time; however,
Property Owner shall not be permitted any of such permits as
a matter of rlght.
(c) Alcoholic Beverages Defined. For purposes of
this Section, the term "alcoholic beverages" shall include,
without limitation, beer, wine, malt beverages and distilled
spir~ts.
(d) Compliance with Other Governmental
Requirements. Nothing in this Section shall be deemed to
rel~eve Property Owner from complying with customary
requirements imposed by the Police Department of the City of
Santa Monica upon locations where alcoholic beverages are
sold or consumed or from obtaining a license from, and
complying wlth the requirements of, the California
Department of Alcoholic Beverage Control ("ABC").
(e) Confirmation of Required City Approvals.
Upon written request of ADP, City shall confirm in writing
with the Callfornia Department of Alcoholic Beverage Control
("ABC") that ADP has obtained all local approvals necessary
for the sale and consumpt10n of alcoholic beverages as
contemplated in Sections (a) - (c) herein and that Clty,
including the Santa Monica Pol~ce Department, has no
objections to the ~ssuance of the necessary ABC licenses for
the sale and consumption of alcoholic beverages as
contemplated in Sections (a) - (C) herein.
(f) Except as expressly provided in this Sectlon,
any sale of alcoholic beverages in the Project is
prohibited.
(g) Section 9(g)(ii1) of the Development
Agreement is hereby deleted.
22. Definitions. The capitalized terms that are used
in this Second Amendment that are speclflcally deflned in this
Second Amendment shall be defined as set forth in this Second
Amendment. Capitalized terms that are used but not defined in
this Second Amendment shall be defined in the same manner as they
were defined in the Development Agreement. Terms used in this
Second Amendment which are not defined herein or in the
Development Agreement, but are defined in the C1ty'S Zon1ng Code
on the date hereof shall have the meanings given those terms in
such version of the Zoning Code.
-22-
20709073--2/8/95
23. Status of Development A9reement. Except as
amended by this Second Amendment, the Development Agreement shall
remain 1n full force and effect in accordance with its terms and
conditions. Notwithstanding the foregoing, in the event of any
incons1stency between this Second Amendment and the Development
Agreement, the applicable provisions of this Second Amendment
shall govern as to the ADP Property but the applicable provisions
of the Development Agreement without regard to this Second
Amendment shall govern as to Lot 7.
24. Effects of Amendment on Land Use Regulation.
Notwithstanding the provisions of Section 17(a) of the
Development Agreement, and as to the ADP Property only, the
following rules, regulations and official policies ("governing
provisions") shall apply:
(a) For all uses specifically permitted by the
Original Development Agreement (not including General
Market/Grocery), the governing provisions shall be those
rules, regulations and official policies governing permitted
uses, density of development, design, improvement and
construction standards and specifications (except for
Technical Codes, as defined below) generally applicable to
the development of real property for such uses in the
Special Office District, as defined in the LUCE, in force on
December 16, 1987, except as amended by the Development
Agreement or this Amendment. In addition, the governing
provisions shall include those provisions set forth in
Exhibit F but shall not include the prov1sions of Santa
Monica Municipal Code Chapter 7.16.
(b) For Multifam1ly Residential Housing and
General Market/Grocery uses, ADP shall not be required to
comply with the standards set forth in the CS Special Off1ce
District provis1ons of the Zoning Ordinance, or the "project
Design and Development Standards" section of the Zoning
Ordinance, but shall comply with those standards set forth
in the Development Agreement and this Amendment, and with
the provisions set forth in Exhibit F. Except with respect
to Techn1cal Codes (as defined below), ADP shall comply with
all other governing provisions generally applicable to the
development of real property for such uses (including,
without limitation, the payment of fees) in effect on the
date of this Second Amendment except as specifically amended
by the Development Agreement or this Amendment.
(c) Notwithstanding the above, all new
construction on the ADP Property shall be 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 are
in effect at the time of issuance of the building permit for
such new construction.
-23-
20709073--2/8/95
25. Recordin9 of Second Amendment. The parties hereto
shall cause this Second Amendment to be recorded in the Official
Records of the County of Los Angeles. The cost, if any, of
recording this Second Amendment shall be borne by ADP.
26. Severability and Invalidity of Particular
Provisions. If any term or provision of this Second Amendment or
the application thereof to any person or circumstances shall, to
any extent, be invalid or unenforceable, the remainder of this
Second Amendment, or the application of such term or provision to
persons or circumstances other than those to which it is held
invalid or unenforceable, shall not be affected thereby, and each
other term and provision of this Second Amendment shall be valid
and enforced to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the day and year first above written.
CITY OF SANTA MONICA,
a municipal corporatlon
By:
John Jalil~
Its City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Marsha Jones Moutrie
City Attorney
(Signatures continued on next page)
-24-
20709073--2{8{95
(Signatures contlnued from previous page)
ARBORETUM DEVELOPMENT PARTNERS, LTD.
a California limited partnership
By: Arboretum General Partners,
Its General Partner
By: TransAction Flnancial Corp.
a California Corporation,
Its General Partner
By:
Robert H. B~sno,
Chairman and CEO
By: Swire Properties4 Inc.
a California Corporation,
Its General Partner
By:
Stephen H. Swire, presldent
The foregoing Amendment Number Two to Development Agreement
is hereby consented to by the undersigned.
Dated:
, 1995
SANTA MONICA NUMBER SEVEN ASSOCIATES,
L.P., a Delaware limited partnership
By: Colorado Place Phase III, L.P., a
California limited partnership,
General Partner
By: Colorado Place Phase III, Inc.,
a Californla corporation,
General Partner
By:
Name:
Its:
-25-
2D7D9D73--2/8/95
EXHIBIT A-I
LEGAL DESCRIPTION OF THE ADP PROPERTY
Parcel A: Lots 1 through 6 of Tract No. 49694, in the City of
Santa Monica, as per map recorded in Book 1175 Pages 37
to 40 inclusive of Maps in the Official Records of the
County of Los Angeles, State of Cal~fornia.
Parcel B: The Lessee's interest only in lease of the real
property below, dated March 12, 1979 between Southern
Pacific Transportation Company as Lessor and Parker
Manufacturing Company as Lessee (Instrument No. 86-
184890), held by Sopac Propert~es, Inc., (formerly
known as Anaheim H~lls Development Corp.) following
February 11, 1986 assignment by Parker Manufacturing
Company to Anaheim Hills Development Corp. (Instrument
No. 86-184890).
That portion of the right-of-way, 100.0 feet wide of
the Southern Pacific Railroad Company in the City of
Santa Monica, County of Los Angeles, State of
California, as recorded In Book 40, Page 282 of deeds
in the Office of the County Recorder of said county,
described as follows:
Beginning at the intersection of the curved
northwesterly line of sald right-of-way, 100.0 feet
wide with the curved northwesterly line of the land
described in Parcel 3 of the final order of
Condemnation No. 496651, flIed July 23, 1945 and
entered July 24, 1945, in judgment Book 1553, Page 27,
Superlor Court, records of sald State; said last
mentioned curve being concave southeasterly and hav~ng
a radius of 905.00 feet; a radial line of sa~d curve to
said intersect~on bears north 51 degrees, 34 m~nutes,
36 second west thence southwesterly and continu~ng
along said curve 94.25 feet through a central angle of
5 degrees, 58 minutes, 02 seconds to a point in a
curved line be~ng concentric with and distant
southeasterly 40.00 feet measured radially from, sa~d
northwesterly line of said right-of-way, 100.00 feet
wide; said last described curve being concave
southeasterly and having a radius of 11,663.40 feet; a
radial line of said curve to sald point bears north 29
degrees, 38 minutes, 43 seconds west; thence
southwesterly 636.65 feet along said concentric curve
through a central angle of 3 degrees, 07 minutes, 39
seconds, to the northwesterly line of Twentieth Street,
70.00 feet wide as shown on the Map of Tract No. 9774
in said City and recorded in Book 140, Pages 64 and 65
of Maps, in the Offlce of the County Recorder of said
county; thence along said last descr1bed northeasterly
20709073--2(8(95
line north 44 degrees, 45 minutes, 25 second west,
40.88 feet to its intersect10n with said curved
northwesterly line of said right-of-way, 100.0 feet
wide; said last-mentioned curve being concave
southeasterly and having a radius of 11,703.40 feet; a
radial line of said curve to said intersect10n bears
north 32 degrees, 48 minutes, 53 seconds west; thence
northeasterly 732.79 feet along said curve, through a
central angle of 3 degrees, 35 minutes, 15 seconds to
the point of beginning.
20709073--2/8/95
EXHIBIT A-2
LEGAL DESCRIPTION OF PROPERTY OWNED BY S.M. NO 7
Lot 7 of Tract No. 49694, in the City of Santa Monica, as
per map recorded in Book 1175 Pages 37 to 40 inclusive of
Maps in the Official Records of the County of Los Angeles,
State of California.
20709073--2/8195
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PEVMPMENr AGRE.EMENT
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JAN 04 . 95 15 1 1
TOTAL. P 02
3~0 3940845 P~GE e02
EXHIBIT C
CHAPTER 9.28 OF THE SANTA MONICA MUNICIPAL CODE
SEE COpy ATTACHED
20706711--2/2/95
~ ~...., ~,<-Il...'
grea.ter detall (PIlor code ~ 9411A added bv Ord No
23ICCS, adopted 10/10/50) , ,
9.24.140 New or reVIsed elements.
In additIon to those elements preViously set forth ill
tlu.s Chapter, the followmg new or reVised elements shall
be 11lc1uded in the general plan' a land use element, a
circulation element, a housmg element, a conservatIon
element, an open space element, a selSmIcsafetyelement,
a safety element, a nOIse element, and a seemc highway
element, II1 confonmty WIth Slate requirements Such other
and further elements, or amendmen18 to the above elements
may be added or made from tIme to tIme, to comply with
State requIrements. (Pnor code ~ 9411B; added by Ord
No. 231CCS, adopted 10/10/50)
9.24.150 General purposes of the plan.
In the preparation of the master plan, the Commission
shall make careful and comprehensive sllIVeys and studies
of the eXIstmg condlHons and probably future growth of
the mUniCipality and Its enVlrons The plan shall be made
With the general purpose of guiding and accompllshmg
a coordmated, adjusted, and harmomous development of
the mumclpal1ty which, m accordance with e:ustmg and
future needs, will best promote publIC health, safety, morals,
convemence, prospenty, or the general welfare, as well
as effiClency and economy m the process of development
(Pnor code ~ 9412, added by Ord No 231CCS. adopted
WIO/50)
924 IW AdoptIOn of a master plan
The Comr.rsslon may prenaIe and adopt all or any part
of (re master plan and may recommend such plans to the
Cl') CounCil fo~ adoption as offie'al plans Before recom-
mendmg to the City Councd any such plan, or any amend-
ment thereto, the Pla'lmng Commlsslon shall hold at least
one pU~;LC heanr g, notice of the tlme and place of whIch
5r',~.r be gl\'e;' by one :JUbh2t'or ~ a newspaper of gene~al
cr:xla'lon '['0 tr'~ Cw,' ane b',' s'..::.:h otGer means as tre
CCT rr L5S10r nay deem neces.~ary The adopt'en of the
,::la- or any l'art, ar.1endrrent. 0- add'twn, shall be by
res0~utLOn camed by the a ffi:matlve voCes of not less than
a majOrity of all of the members of the CommiSSiOn The
resolutIOn shall refer expressly to the maps, deSCriptIve
matter and other matters ][]tended bv the CommiSSIOn
to form the whole or part of the plan a~d the acllon taken
shall be recorded on the adopted plan or part thereof by
the Identtf}mg sIgnature of the secretary of the CommISSIOn,
and a copy of the plan or part thereof shall be certIfied
to the Oty CounCIl
Upon receipt of a certIfIed copy of the ma5ter plan,
or any part thereof. or amerIdment thereto, as adopted
by the Plannmg CommI5SI0\1, the City CounCil shall adopt
such parts thereof as reasonably may be applted to the
development of the City for a reasonable penod of tIme
ens'Jmg Such parts shall thereupon be endorsed and
certIfied as offlclal plaos thus adopted for the terntof)'
covered and hereby are declared to be establIshed to
conser.'e and promote the publle health, safety and general
welfare Before adoptmg any s'Jch plan or part thereof
or axendment thereto, the City Counc't sfJ.alt hold at least
one pub:lc heanng thereon, notIce of the tIme and place
of wluch shall be publIShed at least Once In a newspaper
of general ctrculatlon In the Ctty at least ten days before
the day of such heanng. No change m or addltion to the
master plan or any part thereof, or amendment thereto,
as adopted by the Planning CommiSSIOn, shall be made
by the CIty CounCl! In adoptmg the same as an official
plan until the said proposed change or additiOn shall have
been referred to the Planmng CommISSIOn for a report
thereon and an attested copy of such report shall have
been [tied WIth the CIty Counal Fallure of the Planning
ComllUSSlon so to report Wlthm forty days, or such longer
period as may be designated by the City CounCil, after
such reference, shall be deemed to be approval of the
proposed change or addition (Prior code ~ 9413; added
by Drd No. 231CCS, adopted 10/10/50)
Chapter 9.28
I~CLUSIOl\ARY HOUSING PRGGRAM
Sections
9.28010
9.13 OlO
9 28 030
9.18 040
9.2.5 050
9 28 om
Fmdmgs and purpose
D efinitlOns.
.\pphcabdlty.
Project cle\'eioprnent reqUIrements
On-SIte and m-heu fee options
On-SIte mcluslOnary umt
Gevelopment requirements
In-Iieu fees for mdus'anary
hOUSing
fee waIver;
DenSity b<Jnus and other
l n cen tlves
h-,cmg reG ,Ilrements ror
. - o:lusLonar, L.:[j~[S
:::. glbdlD- rqUlretTJ~r: [S
= ~:allon [,. :..:ntts rc.:j_ red b'ren[
,entrol b<)1rd
Deed restnctlOns
-\vatlablhl) of governMent
SubSIdies.
Enforcement
RelatIOn to UnIts or fees reqUired
pursuant to future ordmances
Implementing program 10 of the
City's Housmg Element
-\nnual report
9 28 OiO
9 28 080
9.28 090
9 28 IG{I
928 ::C-
928:2.=;
9 28 130
9.28 l~O
9.28 ISO
928 160
9.28 ~ 70
928010 flndtngs J'1d purpose
The CII] CounCIl linds <\l'C declares
(<I) TtJe City of Sa'"ita MODIca has,'] res;JonSlbllitv to
address (he needs of lts reSldents and resH:lents 10 the
reg:on, from all sac;;:; I and economLC groups, for decent,
affordable housmg, ""lie at the same tlme mamtall'lnQ:
an econor.lIcal[y sO!Jnc and healthy envIronment -
(b) The Houstng E'ement of the General Plan of the
City of S3ntJ MOnlc;; ~dopted on January 25 1983 provld-
5-l~
ed for an mcluslOnary housmg program to address the need
for decent and affordable housmg In Program 12
( c) The Clly Counctl properly considered and adopted
the components of an mcluslonary housmg program which
would Implement the goals of Program 12 at Its meetmg
on March 10> 1987.
(d) On June 28, 1988, the CIty CounCIl revised Program
12, adoptmg Ordmance Number 1448 (CCS) to unplement
those reVISIOns
(e) On May 1, 1990, the City CounCIl adopted Orcli.
nance Number 1519 (CCS) on an intenm basis, finding
that the vast majority of new housmg units being con.
structed in the City of Santa Monica were not affordable
to persons of low> moderate, or middle Income, that the
current mclusionary requirements placed on new housmg
development were inadequate to allow the City of Santa
Mornca to provide suffiCIent numbers of new housmg urnts
to persons of low, moderate, or middle mcome, that the
current per square foot 1I1-l1eu fee was madequate to allow
the City of Santa MOnIca to proVlde the number of UOIts
which would be proVIded If the mcluslOnary reqUIrements
on new housmg development were met by proVls!on of
on-site housmg ulUts, and that It was necessary to amend
the mcluslOnary program on an mtenrn basiS to allow COffi-
plenon of studIes to determme the most appropnate on-site
and ill-heu fee reqUIrements
(f) On November 6, 1990, the voters of the Orj of
Santa Maruca aporoved ProDOslUon R, addmg Section
630 to the City Charter to read as follows
The City CourKll by Ordmance shall at all <l'l1es
reqUIre that not less than thirty percent (30%) of all
multifamily-residential housmg newly constructed In
the City on an annual basiS IS pennanently affordable
to and OCC'..lpICd by low and moderate ~\CGme
hm:.seholds For p:':Doses oi thIS Sec"o"!, 'low "COMe
household" fC,eans a househ,olc: w,:r. ::.n tfleO'- t 10~
exceed'ng SIXty percent (60SC-) c' h~ Los :"s;c!e:;
C::lU'1ty eed' J'l TCQ"'1C. adjusted b'/ fa'1llly SiZto 2.S
pJb'lshed fron tune to ['JT,e by [be UnIte::: S-ates
Department of Housmg and Urban Developmert ;me
"moderate Income household" means a household WIth
an lllCome not exceedmg one hundred percent (lCO%)
of the Los Angeles County median Income, adjusted
by family SIZe, as published from time to tIme bv the
Umted States Department of Housmg and Urban De-
velopment At least fifty percent (50%) of the "e.....ly
constructed untts reqUIred to be pennanently afforcable
by thIS Section shall be affordable to and occupied by
low mcome households
(g) On December 29, 1990, the CIty of Santa MOilleJ
publIshed notIce that on January 8, 1991, the Cltv Counctl
would conslder lssues relatmg to the lmp1ementatH}1\ of
PropositIon R mcludmg whether the thirty percent re::Ulre.
mem oi PropositIon R could be met on-SIte or of( s\te,
whether an tn-lieu fee would be permwed, and whether
the thIrty percent requIrement had to be met on a P-01ect
by project baSIS This notice also prav'Qed that ;;[ the
January 8.1991 meeting, the CLtvCounCl'- lIQuid conqder
928010
drrecting staff to prepare an ordmance to implement
Proposition R.
(h) City Staff prepared a staff report for the January
8,1991, Clty Council meetmg identifylng the issues that
had to be addressed as part of the Implementation of
Proposition R, suggesting a process for obtaining publIc
mput, presenting City Staff's resolutIon of issues raised
by Proposiuon R's implementation, and recommending
that staff be dIrected to prepare an otdmance implementIng
PropositIOn R.
(i) At its January 8, 1991 meeting> the City Council
dIrected staff to prepare an ordinance implementing
Proposition R and to return the ordinance to the City
Council on February 26, 1991.
(j) The Santa Monica Planning Commission, as well
as other groups in the community> believed the schedule
for the return of the ordinance dId not provide opportuni-
lies for adequate review of vanous alternative strategies
for Implementing PropOSition R
(k) At Its meeting on February 19, 1991. the City
Council deCIded to reconsiderwhetner an ordinance should
be prepared. and scheduled for Its next regular meetmg
a general dIscussion of Implementing strategies
(I) On March 5. 1991, the CIty CounCIl directed the
Qty Attorney to prepare an ordInance protublting the tiling
of apphcatlOns for market-rate reSIdential housmg until
~uch time as the CIty Councll adopted an ordmance Imple-
mentmg ProposItlon R exceptmg from the prohlblllon any
project In which thirty percent of the umts constructed
on-site are available to low and moderate lUcorne persons
as proVl.ded for In PropOSItion R
(m) On March 26, 1991, Ordlfiance l\'u'l1ber 1577
(CCS) was adopted. impoSU1g restnctlons on new multuarruly
housmg to ensure compliance wtth Proposltton R Th's
:::rdmance was due to exp\re on Septe-r.ber 26. 1991
(n) 01"' -\0-,1 3, 1991, cre Plalm.:,ng ColI1uss'or rev"ewec
JI' o'Jthne ce\:e~oped by s~ff on the ISSl..:~S and If'fc:-Tat'c'-
-:~"t would be presentee 2.S DUe cf ~;..<: an2')"<IS 0"1 tn<:
"I,e-natlve 1-r;::>ler.1er.'2.tlon st"'ategL~s
(0) On Septer.1ber 10,1991. the City CounCIl ado:Jted
Ordinance ".umber 1599 (CCS) extendmg the restnctlons
on new multlfamtly housmg 10 ensure compliance with
Proposition R, pending the Issuance of a staff report on
a proposed Implementatlon strategy under ProposItion
R, to allow publtc reVIew and comment on the staff report,
and to allow tlme for public heanngs before the Planmng
CommiSSIon and CIty Counctl ThiS ordinance was due
to expIre on January 10, 1992
(p) On September 10, 1991, a report was Issued by City
~(~ff on the 'Proposed ImplementatLon Strategy Unde~
P'Oj)osltlon R," Incorporated mto a Sun->mary Report and
Techmcal Report on PropOSItion R
(q) On October 16and Ocwber 2.5, 199[, [he Pla'lnLng
CommiSSIon conducted a public heanng on the proposed
l'l1plementatJon strategy, and formulated a recommendallon
to the City Cmmcll The Planmng ComrmsSlOn requested
a two or three month extensIon of the eXlstmg moratorium
\)rdlllanCe on mu[tlfamlly reSidential devdopment to a\law
or further public revIew Gnd Plannmg. CommiSSIon consld
~rJtlon
5~~
~liUI0
(r) On Kovernber 19. 1991 the CuyCounCJJ conducted
a Fu'Ji!c heanng on the staff proposal. and requested that
staff examme addrtlOnal models and provide additional
Infonnatlon to the City Council
(s) On November 26.1991, the C1tyCounci1 adopted
Ordinance Number 1609 (CCS) to ensure that the City
of Santa Momca would comply with Proposition R while
further studymg approaches for long-term implementatIon
of the measure The ordmance was due to expIre on April
10, 1992
(t) On December 3, 1991, the City Council directed
the City Attorney to prepare an ordinance implementing
PropOSItiOn R wIuch utihzed an approach requiring the
proVlsion of on-site incIusionary umts in certam circum-
stances, and allOWIng the payment of an in.lieu fee in other
crrcumstances, as set forth below. The following ordinance
is necessary to enable the City to meet the requirements
of PrOpOSItiOn R
(u) Accordmg to the 1980 Census, 42.8% of all Santa
Maruca resIdents are of low or moderate income. Approla-
mately eight thousand five hundred reSIdents live below
the poverty line
(v) Tne homeless populatton m the Santa Moruca area
IS esttmated to be between three thousand and five thou-
sand persons
(w) Appro\1mately twelve thousand five hundred slXty-
five lower Ulcome households are paYing more than one-
thtrd of theu: IOccme for housmg. Over three..quarters of
these a~e renterS \Vhen the cost ofhousmg exceeds thIrty
perce'lt, II becomes a burden, reducmg the money available
for other necessary expenses
(x) AppmXlf:1atdy two thousand four hundred house-
holds ill the CIty lIve ill housmg that IS overcrowded
LV) The average sales pnce of a two-bedroom,
smgle-fal1uiy house ill 1990 was five hundred twenty-five
thousand three h:ndred flfty dollars and a two-bedroom
co'lcommn:m a\-er2.l;ec three hundred fifty-one thousand
01e :Tll:'ce::: e'gr' col:an; l}.e ~g.r cost of for-sale housl11g
mC'c<:tes t~j?t th::T are ro o;:nortun:tle5 for lower-mcome
or rruJder2.~e-q-co'I'e 'louserolds to own homes 10 Santa
MOTca v.~tho'Jt ass'stal.ce
(zl Over tv,:enty percent of Santa Moruca's households
are headed by seruor CItIZens ApproXimately SIXty-five
percent of the semor C1t1zen households are renters In
1980, semor famlhes represented twenty percent of the
families vo'lth mcornes below the poverty level and sixteen
percent of the stOgIe-person households hVlOg 10 poverty
In the Crty
(aa) There IS essentlaUy no vacant resldenllalland In
Santa Momca r--;ew construction must occur on recycled
parcels or on ma~gmal commercial or mdustnal land When
parcels are recycled WhLCh previously contamed affordable
hOUSing, there IS often a net loss In the total number of
affordable housmg uruts proVided, even With an mduslonary
houslng requirement
(bb) There IS madequate federal and stale support
for programs to assIst the Oty III meetmg ItS affordable
ho;mng needs (Pnor code ~ 9420, amended by Ord No
1519CCS, adopted 5/1190, Orc! No 1615CCS ~ I, adopted
3/3192)
9.28.020 Defimtlons.
The follOWIng words or phrases as used ill tlus Chapter
shall have the following meanings:
Developed Use. A use of land which includes either
resIdentIal or commercial structures.
Dwelling Unit. One or more rooms, designed, occupied,
or intended for occupancy as separate living quarters, with
full coobng, sleepmg, and bathroom facilities for the
exclUSIVe use of a srngle household. Dwelling unit shall
also mclude single room occupancy unit.
HUD. The United Slates Department of Housing and
Urban Development or its successor.
InclusionsI)' Unit. A rental or ownership dwelling aWt
as required by this Olapter which is affordable by a house--
hold with low or moderate income.
Income Eligibility. The gross annual household income
considenng household sl1.e and number of dependents,
mCIJme of all wage earners, elderly or disabled famtly
members, and all other sources of household income.
In-LIeu Fee. A fee patd to the City by a developer
subject to this Chapter III heu of providmg _the ~equlred
mc1uslonary urnts -
1\-farkft Rate Vmt. A dwellmg UJUt as to wluch the rental
rate or sales price is not restncted by thIS Chapter
Maxrmum Allowable Rent. A monthly housmg charge
whIch does nor exceed thIrty percent of the Los Angeles
County low mcome (11\ the case of a low income umt) or
medIan mcome (m the case of a moderate mcome unit),
adjusted for hOllSellold SIZe, as publtshed from time to tune
by the Uniled States Department of Housmg and Urban
Development. 'I1u.<; charge shaH represent full consIderatIon
for hO\1S1l\g serviceS and amemtte-s as prOVided to market
rate dwelbg umts ill the project, whether or not occupants
of market rate dwellIng uruts pay separate charges for such
semces and ameruues Housmg semces and common area
arne.dles mc!ude, but are nor hrllted to, the follo\1;1ng
pa:-Y.lIlg, use of COInnQ"1 faC'lltles u:cludmg cools or hea[tb
s:as, ar.d 1.2':itles If l~C p'o;e>:, 15 rr2.Ster-r.1crered Notwltr.
~:af'd:ng :le forego:.-:g. clh')' charges fo~ use of natural
gas and elec:ncal', to tre en en ,"'.dlVldually metered fo~
each U"1:t ", 'he VCje~'. '7lay be passed th~ough or btlled
dIrectly to the occupants of mcluslOnary umts III the project
III addItIOn to maxunum allowable rents collected for those
mclustonary umts
"Moderate" and "1<Jw" Income Levels. Detemuned
periodically by the City based on the Umted States De-
partment of Housmg and Urban Development (HUD)
estlmate of median mcome III the Los Angeles-Long Beach
Pnmary Metropolitan StattSlIcal Area The two major
mcome categones are "moderate Income" (Slxty~one
percent to one hundred percent of the area median) and
"low Income" (SIXty percent or less of the area median)
Further adjustmenl shali be made by household SIze as
establtshed by the 0::' The Planmng Department shaH
make avatlable a Itst of moderate and low mcome levels
as adjusted, whIch hst shall be updated peflodlcaUy by the
City and filed with tre ell)' Oerl
MultLfa'lllly Dlstnd Any zonmg dlstnct In which multI-
family dwelllr,g units are a permllted use
5t4
ProJect. A res]dentlal deveLopment or land subdIv]slon
proposal for wluch City permits and approvals are sought
(Pnor code 9 9421, amended by anI. No 1519CCS, adopt-
ed 5/1/90, Ord No 1615CCS S 1, adopted 313192)
9.28.030 Applicability.
(a) An mcluslonary requU'ement shall apply to all
projects for wluch a development apphcatlon was deemed
complete after February II, 1992, involving new constnlC-
tlOn of two or more residential market rate dwelling umts
or condomunum or cooperatIve conversIOn of two or more
dwellmg uUlts, or mvolvmg new constrnction of a single-
farmly home when It 15 replaCIng more than one dwelling
urnt m a multlfanuly chstnct. An inclusIOnary unit reqwre-
ment shall not, however, apply to tenant participating
conversIons governed by the provisions of the Tenant
OwnershIp RIghts Chaner Amendment, Article XX of
the Santa Monica CIty Charter.
(b) A project not subject to thIS Chapter pursuant to
subdt\1SlOn (a) of this Section shall be subject to the
pro\'1SI0ns of thIS Chapter as they eXIsted on the date the
appltcatlon for the project was deemed complete, except
that VY1th respect to any project for which an apphcztlon
has been filed but not aP?fOved at the tune tills Chapter
becomes effectIve, the appltcant can elect to have the
proVIsions of thIs Chapter apply to the project (Pnor code
S 9422, amended by Ord No 1532CCS, adopted 7124i90,
O,d No 1615CCS S I, adopted 3/3/92)
9 28 040 ProJect development requirements.
(a) TIns Chapter reqUlres that not less than thrrty
percent of the tot2.] number oi new dwelJ~'l.g Ullit5 to be
C0n51ructed L.'1 any project developed by an applIcant at
one location, deslgnd for pemlment occupancy, exc!udw'1g
3:1V dens!!)' bonus '.lrlts to wrr:cJ... an app['cant]s ePt'lled
under GovePL'"'1er;' Code s';::ct:cr 65915, sf..al~ be affo.c2:;"e
LO hc)'Jse;;c'ds or k)"....lI1CO"1e or 1T;.odera~e'I'l.come (P,:,r
;:ode ~ 9~23, aTe-Iced by Ora C\O 1519CCS, 2.CD:"ec:
Si].'9J, O-d '10 1515CCS ~ 1. ado;J'ed 313/92)
928 OS\} On-slte and m-heu fee ophons
(a) The requtretl'ems of Section 9 28 040 shall be me!
by prov]dmg on-site mcluslOnary umts meetmg the requrre-
ments of SeetLon 9 2S 060 In eHher of the fa 1I0wmg Clrc<.:m-
stances
(1) The project IS on a site for which no Category C
removal permit was Lssued pnor to February 18,1992 (or
was Issued after February 18, 1992, but applied fOf pnor
to February 18, 1992), and whICh the developed use on
February 18, 1992, was muJtLfaruly houSlOg and at Ie2.st
one dwelhng umt was rented at levels a(fordable to house-
holds of moderate Lncome levels or l(vacant on FebrualY
18, 1992, when last rented
(2) The project Jnvolves the constructLon of twenty or
more market rate dwellLng Units, exclud:ng any de:1sll'i
bonus unLts to whIch an applLcant IS entitled under GQv-
ernment Code Sec~lOn 65915
(b) The requlrer"',ents of SectlOil 928040 shall be Det
euher by provldLng Qn-SUe InclL:slonary unHs meeting the
requIrements of Sect'on 923060 Qr by satlsfymg the re-
9 28 020
q'Jlrements or 9 28 070, Ii bo th of the foUoWlIlg CIrcumstanc-
es apply'
(1) The project IS not on a Site as descnbed m subdl-
. \15lon (a)(l) of this Scctton
(2) The project mvolves the construction of less than
twenty market rate dwellIng units, excluding any densIty
bonus units to whIch an applicant 15 entitled under Gov-
ernment Code Seenon 65915.
(c) Whenever incluslonary units are provided on-site,
such units must comply WIth the requirements ofSectlOfi
9 28 060.
(d) Whenever the payment of an in-lieu fee is allowed
by this Chapter, such payment must comply with the
requirements of Section 9.28.070.
(e) At the time of filing an application with the City's
Planning Department for penmsslOn to develop multifamily
market rate dwelling units, the developer shall specify the
number, type, locatIOn, size and canstroction schedule of
all dwelling umts proposed to be developed and shaH
mdteate wInch of the dwellmg Units, if any. are mtended
to satIsfy the mclusional)' housmg reqUIrements of thiS
Chapter
(f) Once the developer of a project has elected to satISfy
the requl(ements of thiS Chapter through the provlslon
of mcluslOnary units on-Site, or through the payment of
an in.lieu fee, such option IS determmatlve for the life of
the project (Pnor code S 9424, amended by Ord No
1519CCS, adQpted 5/1190. Ord No 1615CCS 9 1, adopted
3l3192)
9.28060 On'Slte mclusLOnary unit
development requirements.
(a) In determmtng the number of mcluslonary umts
req'Jlred whe[\ orr-Site umts are prOVIded, any deCImal
fr~:('on of 0 :3 or more sh,,-:I be rouflded UD to tbe nearesc
.:. "-,:-ie nurr~::'er
(::;) rnc~'..:.s"~"2-: U'llts ~icaJL whenevee reasonat'!;' POSSI-
t..~, je eVe1~"' :lst[1~'Jce:'; througho:.!' the project lhe
::'::p~lcant r.1ay rejuce e](her the SLze O~ mtenor ar.1entl~es
of ('"Ie mduslo;];:;,!)' Units as long as there are not slgmficant
identifiable dIfferences between mcluslOnary and market
rate dwelling UnIts \o1slble from the extenor of the dwelling
units and the size and deSign of the dweIlmg U01ts are
reasonably consIstent with the market rate U01tS In the
proJect, pro\-1ded that all dwelling units conform to the
req'Jlfements of L1e apphcable BUIldmg and Housmg Codes
IndusJOnary un-ts prOVIded shall have at least the same
number of bedrooms as the average dwelltng unit III the
project and lf the floor area of Ihe IOclusLonary units ]S
not the same as tfte floor area o( I he market rate dwell L ng
umts at the project, each of the mc!uslonary Units shall
sa:lsf,' the follaw''1g mLOLr.1Um Iota: floor <:Irea, depend mg
UPC[\ the nurr'Jer of bedrooms proVIded
o Bedroom
I Bedrocm
2 Bedroo'Tls
3 Bedrooms
4 Bedrooms
500 Squ<:Ire Feel
600 Squ2.re Feel
850 Square Feet
1080 Square Feel
1200 Squ;"\re Feet
St5
~ 20 060
Ie) All incluslOnary UnIts ill a project or a phase of
a ?~oJect shall be constructed concurrently ":lth the con-
str>lctlml of market rate dwelhng umts 11; the project or
phase of that project
(d) On-SIte mcluslOnary umts must be rental units in
rental projects In ownershIp proJects, inclusionary umts
may be eIther rental Ufilts or ownership units. Ownership
uruts shall comply with reqwrements concerning sales price,
monthly payment, lumted eqrnty, and resale restrictions
establrshed by resolution of the CIty CounC11 to ensure
that subsequent pun:hasers are also inoome-qualified house-
holds
(e) If only one incluslOnary unit IS required, such unit
must be affordable to low income households. The second
inc1uslOnaryurnt,provided may be affordable to moderate
income households, and alternating thereafter.
(f) Whenever mclusionary umts are required by this
Olapter, the reqwrement may be satisfied at the developer's
drscretlOn by proVldmg one hundred percent of the units
In the prOject affordable to moderate mcome households,
prOVIded that all such umts meet the requIrements of
subsectIOns (b) and (d) of thIS SectlOn, and Sections
9 28 100, 9 28 110 and 9 28 130. (Pnor code s 9425, added
by O~d Ko 1448CCS, adopted 6128188, amended by Ord
No 1615CCS S I, adopted 3/3/92)
9.28070 In-lieu fees for inelusIOnary
housing.
(a) Whenever th15 Chapter allows the payment of an
m-'leu fee, the reqmred mcluslOnary Unit number shaH
be determlf'ed as follows Number of Units m the project
(excludmg denSIty bonus umts) x 30% = requued
tnclUSlOnary urut number The first IncluslOnary urut re-
ql.nred shall be affordable to low Ulcome households, and
the second to moderate lllcome households Addltional
mci"JS: 0 nary un:ts shall alternate between low and moderate
lTICOGle U'1LtS 4.ny fractlOn of a unIt reqUIred shall not
be cons,dcred eLth-er a low O~ r:1oderate mcot:lt un't
,t:c, m-lIee: fee may be p:::.'d only for low 'ocone uoHS
reqL.:Jed, and ,my t:-actIor of a unn reqmred All mode,ate
lficcne L.:ntls req~1!red shali be pronded on-sIte The fee
sh2.lI be detemllned as follows
(1) For any low Income umt, the m-heu fee payment
reqUIred shall equal the mcluslOnary unit base prIce, as
establIshed III subdlVlslon (c) of thlS sectIOn
(2) For any fractIOn of a Unit reqUlred, the m-lteu fee
shall equal the mc1uslOnary Unit base pnce tImes the
fraction of a Untt reqUIred
(b) The followmg chart u!u.strates the Ul-heu fee payable,
the number of on-SIte mcJUSlOnary UOlts reqUired, and
whether such UnIts must be affordable to low or moderate
InCOrT'e levels, USLllg, for Jllustratlve purposes on!y, an
mcluslOnary umt base pnce of SlXty thousand dollars
No. Umts Bmlt Moder-ate Fee
Excludmg Densl!}" IncluslOnary Umts
Bnnus On Site
2 0 S 36,000
3 0 54,000
4 0 72,000
5 0 90,000
6 0 108,000
7 1 66,000
8 1 84,000
9 1 102,000
10 1 120,000
(c) For purposes of tillS Section, the incIusionary unit
base pnce shall be established and adjusted from time to
tIme by resolution of the City CounCJJ based upon the cost
to the Ciry of substdtzing the conslnlction of a new resIden-
hal unit
(d) Fifry percent of any fee reqUIred pursuant to thIS
Secuon shall be paId pnor to the ISSuance 9f a bUlldmg
penmt for the project The remafrllng fifty~ percent sha[[
be paId m full before a certificate of occupancy IS Issued
for any unit in the housmg project
(e) Any fee reqUired by thiS SectIon shall be secured
by executIOn of an Irrevocable letter of credit In favor of
the CLly or other secumy acceptable to the City for the
total amount of the obhgaton The letter of credit or other
acceptable secunl}' shall be dehvered to the City pnor to
the Issuance of a budding permit for the hOUSing develop-
ment The letter of credlt or other secunty shall be released
and returned to the developer rmmed13telyupon payment
10 full of the tn-lIeu fee
ef) Any payment mace pursuant to th.kS SectlOn shall
be deposited m a Reserve Account separate from the
General Fund to be ,">ed only for dc\'elopfTlcr,t of low
Income 1-:lousmg
(g) I~ ar. ~!"'...l!eu ~e-:. :~ ~'2.1C :r.:rS!Ja~t f'J tJ-ps Sectlon.
such ::;:v=-1ent shaH 1:::: :::e cc....s..:ered !:-O"LS~Or- sf
:ndusicra,y unns for p~ "J.:)ses of dn::'"rntT r g wi:ether
the hO'J..5mg de\'elopme~,' QualIfies for a density bonus
p:.1r5uant to Government Code Section 65915 (Pnor code
~ 9426, added by Ord 1\'0 1448CCS, adopted 6/28/88,
amended by Ord No 16lSCCS ~ I, adopted 313192)
9.28.080 Fee'r"3Ivers
The CO'ldOmmlUm 31C CooperatIve Tax descnbed Jf'
SectlO'16 76 OlD of the S2.r.ta MOnica MUnlclpal Code and
the Park and RecreatiCl FaClhtles Tax estabhshed In
Chapter 680 of ArtIcle 6 of the Santa MOnJca MunLclpal
Code shall be waived fe- reqUired IncluslOnary and for
low and moderate inCOMe dwellmg umts developed by the
City or L'S deslgnee uSing in-lieu fee funds However, any
developer who elects to pay an Ln-heu fee shall no! be
eligIble for any fee waIve' under thIS SectIon (Pnor code
9 9427, ,,':'tended by Ore [>;'0 1519CCS, adopted 5/1/90,
Grd \'!O l61SCCS ~ 1, adopled 3/3/92)
S~6
9.28.090 Densit)' bonus and other
incentIves
Projects wluch meet appl'cable reqli'rements of State
law as a result of mclusionary umts are entltled to densIty
bonuses or other mcentlves ill accordance WIth the proVI-
SiOns of such law. (Prior code 9 9428, amended by Ord
No 1519CCS, adopted 5/1/90, Ord No 1615CCS S 1,
adopted 313/92)
9.28.100 Pricing requIrements for
incluslonary units.
The aty CoWlCI.! shall, by resolution, On an annual basIS,
set maxunum allowable rents and maxunum allowable pur-
chase pnces for incluslonary umts, adjusted by the number
of bedrooms. Such maximum allowable rents and ffiaxlIllUIn
allowable purchase pnces shall be set at rates such that
qualified occupants for low income umts pay no more than
thirty percent of the gross monthly household income for
households earmng siXty percent of the median Income
Qualified occupants for moderate Income umts shall pay
no more than thrrty percent of the gross hOllSehold ll'icome
for households earnmg the median Income (Pnor code
~ 9429, amended by Ord No lS19CCS, a.dopted 5J1I90;
Ord No 1615CCS S 1, adopted 3/3/92)
9.28.110 Eliglblllt}' requirements
(a) Only low-mcome and moderate-1J1come households
shall be ehgIble to occupy or ov.n and OCCJpy mcluslollary
unns The City shan develop a hst of "lcome-qual"iied
households which gives pnon:y to perS01S who have teen
eVIcted pUlSUant to the Ellis ACt. Govemrne1t Code Se...'1lon
7060, persOns resldmg Ifi Santa Monica, and perso'1S
worklOg In Santa MOnIca Developers sita11 be req:.II'ed
(Q select households from the Clty-admlmstered lISt of
Lncome-qualwed households T'1e City shalJ develop aG..~.:n-
'StraUve gUlcie1lOes for tl,e tena'lt and pt:tC1Gser se':::, C'1
::,rocess. wh,c;-; shai' ,eqUI~e, d a mL'llTJ"Ti, (/-jat e ~-,rv
pe"'-ceLl~ c-i the lrcJU510n2':"l J.....~rs In 2: prc,~e.::::[ be le2-.::~c
::rd oX'J::,'ed ""'lth' - ,1>1'; dav, :" 's.suance C' ';le ce-':':- :;J,e
0:' o:c.:palicy for t;le project, o. ,old and o:cuPleci '.crror
one hundred twenty days of Issuance of 'he certificc[c oi
occupancy for the project, ard that an; vacanCles La
mcluslonary umts shall be leased and OCCUPied warun tblY
days of vacancy, or sold and occupIed wlthm one hunated
twenty days of vacancy
(b) The folloWlng mdlvduats, by IIlrtue of their pcsHlon
or relationship, are ;nelLglble to occupy ar tncJus'oC,arj
unit
(1) All employees and offic:als of the CIty of Santa
MOnIca or Its agencies, authof'tles, or commlSSlOl1S \\ he
have, by the autho[1[y of thelr pOSition, ?olLcy-mak, ng
authe~lty or mfluerce affectmg City housmg progra'l1s
(2) The Immediate relatl'.'es, employees, or O(r,~ [
persons gaming slgmf'cant economlC benefit from a omet
bUSiness assoc!atlon ',','lth publtc employees or offiCials
(3) The Immedmte relatIVes of the appltcant or O\\.Ter,
tncludll1g spouse, ctuidren, parents, grandparents, bro:re-.
SIster, father-m-law, wother-tn-Iaw, son-tn-bw. daughtt".r-
law, aunt, uncle, mece, nephew, slster-m-b.~', and brothu.
tn-law (Prior code S 9430 added by Ord :'-10 144SCCS
9 28 OfJ
adopted 6128.'88, amenced by Ord ","0 161SCCS '< 1,
adopted 313192)
9.28.120 RelatIOn to units required by rent
control ward
Low-income and moderate-income dwelling units devel-
oped as part of a market rate proJect, pursuant to replace-
ment reqUlrements of the Santa MOnica Rent Control
Board, shall count towards the sallsfactton of this Chapter
If they otheIWlSe meet apphcable requlTements for thIS
Chapter includmg, but not II1TIlted to, the Ulcome ehgtblhty
requrrements of the Olapter, deed restnctJon reqwrements,
and pricing reqwrements. New mcluslonary units reqUITed
by the Rent Control Board which meet the standards of
thIS Chapter shall count towards the satisfaction of this
Olapter. (Pnorcodd 9431; added by Ord No 1448CCS,
adopted 6128188, amended by Ord No 161SCCS 9 1,
adopted 3(3192)
9.28.130 Deed restnctrons
Pnor to ISsuance of a bUlldmg- pe.rtmt for a DrOject
subject to the requIrements set forth lfi thIS Chapter, the
applicant shall submit deed restnctJons or other legal
Instruments setting forth the obllgatJon of the appl1cant
onder thIS Chapter for Clt)' reVIew and approval Such
restrIctions shall be effectIVe for the !Jfetlme of the project
(Pnorcode ~ 9432, added by Ord No 1448CCS, adoDtec
6128/88, ;lmended by Orc! No 1615CCS 9 1, adc:J'ec
:i}f92)
928140 AvatJablhty of go~'emment
subSidIes
It IS the lr:e'lc of th's Chapter that (he regulreIT'erilS
for the mclus'onal}' units shall not depend upon the ava,l.
ab'l.ty of Federa! or Sr3te hOL:smg Sl!~SLCiCS 1'1'5 $cc 'c,
d:~s not. ~owe"'e~, preclude [ne I.:se 0' SL:el-> ;crcgr2 ~~ .:,-
~-:-~I:j~es (?:(:r- C":Jc1c ~ G'::3~ acidec t. c>': i'''';c:: .:- l ?=::=-s
~::;):ed 5/1f'!"' c.r:ended by C-d ,';C. '5 i ~CC'. S ;. JC::[-
~,: 3:3/92)
9 :8 150 Enforcement
1\0 buddmg permIt or occupancy pmmt shall be Iss~ed,
nor any development approval granted, for a project whch
IS ,.ot exempt and does not meel the requirement of thIS
Chapter AlllnduslOnarv umts shall be rented or owned
lr, a::cordance WIth tillS Chapter (Pnor code ~ 9434. added
b; Ord No i615CCS S I, adopted 3!3(92)
9 28 160 RelatIOn to umts or fees reqUIred
pursml11t to future ordl11ances
Implementing program 10 of the
City's HOllsmg Element
Low-Incone or moderate-Income dwelling unItS con,
s:ructed to meet the req:mements of thiS Chapter, or iP-lleu
fees paId to meet the reqUirements of thIS Chapte:, shall
be credited towa"d reqUirements for on-site replacement
U[1'(s or fees reqUired pursuant to any ordinance Imple-
menting Progr2'l1 10 of the City'S HOUSing Element (Pnor
code ~ 943S, added by Ord No 161~CCS S I, adoptee
3i3 '92)
~':'7
EXHIBIT D
LANDSCAPING STANDARDS FOR OLYMPIC/CLOVERFIELD GATEWAY
IF GENERAL MARKET/GROCERY DEVELOPED
If the ADP Property is developed to include a
General/Market Grocery in the area adjacent to the intersection
of Cloverfield Boulevard and Olympic Boulevard, the requirements
for the "Olympic/Cloverfield Gateway" open space shall be
satisfied by landscaping meeting the following standards:
1. There shall be a landscaped area at least 20-
feet wide provided and maintained between the edge of the
public rights-of-way for Cloverfield Boulevard and Olympic
Boulevard and the edge of the parking facilities developed
to serve the General Market/Grocery, except for those areas
containing driveways or other access. (To the extent that
right-turn pockets are requ~red by the City Parking and
Traffic Engineer, the width of such strip may be less than
20 feet adjacent to such pockets.) Such landscaping shall
be in accordance with the provisions of Santa Monica
Municipal Code Sections 9.04.10.04.100 and 9.04.10.04.110
and in compliance with the requirements of the Architectural
Review Board.
2. At the interlor edge of such 20-foot wide
strip, a formed natural concrete wall shall be provided and
maintained on top of such surface, which wall will have a
height of not less than 3 feet above average grade. (Such
wall shall comply wlth the requirements set forth in Section
9.04.10.04.0BO(a) of the Santa Monica Municipal Code.)
3. A minimum of 15% of the total exterlor of
such surface paved area that accomodates vehicular traffic
including the surface parking lot, accessways and driveways
(including ramps to such surface parking lot and including a
portion of the landscaping adjacent to and surrounding the
paved area), loading areas, service areas and parking stalls
shall be devoted to landscaped islands, peninsulas or
medians distributed throughout the paved area.
4. A level landscaped strip shall be provided
and maintained between the surface parking area and the
public right-of-way, except in a required driveway or other
access area, that is not less than three feet in width
measured from the property line adjacent to the public
right-of-way. Withln this three foot wide area, ADP shall
provide and malntain permanent, opaque landscaping at a
height of not less than three feet above the adjacent
sidewalk level.
5. There shall be at least 25,000 square feet of
landscaped drea in the general vlclnlty of the intersectlon
of Cloverfield and Olympic Boulevards, a portion of which
20709073--2/8/95
may be contained on downward sloping areas adjacent to an
underground parking area.
6. A minimum of one tree for each 1,200 square
feet of paved area that accomodates vehlcular traff~c shall
be provided and maintained with the type of tree to be
selected taking ~nto account the fact that the surface of
such parking lot is over another level of parking.
7. L~ghting shall be provided and maintained in
accordance with Section 9.04.10.02.270 of the Santa Monica
Municipal Code.
20709073--2/8/95
EXHIBIT E
CERTAIN PROCEDURES RELATING TO AMENDMENTS
The following procedures are to be followed in the
event any further amendment is proposed to the Development
Agreement which requires the consent of the Owner of Lot 7 only
if such amendment has a material adverse effect on the economic
value of Lot 7:
1. An Owner of any portion of the Real Property
proposing such an amendment (the "Proposing Owner") shall,
concurrently with its submission of the first draft of such
amendment, certify to the City that it has met and conferred
with the Owner of Lot 7 at least thirty (30) days prior to
the submission of such draft.
2. The Proposing Owner shall deliver a copy of
each draft version of the proposed amendment to the Owner of
Lot 7 within five (5) days after submission of such draft to
the City and shall certify to the City the date upon which
such draft was delivered to the Owner of Lot 7.
3. If the Owner of Lot 7 fails to give the City
an "Effective Objection Notice," as defined below, then the
Owner of Lot 7 will be deemed to have agreed that such draft
version of the proposed amendment w1l1 not have a material
adverse effect on the economic value of Lot 7 and the City
will continue to process the proposed amendment. An
"Effective Objection Notice" means a written notice
delivered to the City wlthin f1fteen (15) days of the
delivery of such draft to the Owner of Lot 7 by the
Proposing Owner under paragraph 2 above and setting forth
the Owner of Lot 7's reasons for its conclusion that such an
effect will result from such amendment.
4. If the Owner of Lot 7 gives the City an
Effective Objection Notice, the Proposing Owner shall give
the City (a) copies of any response it may make to the
reasons set forth therein for the Owner of Lot 7's
conclusion as to the material adverse effect on the economic
value on Lot 7 of the proposed amendment, and (b) any notice
that either the Owner of Lot 7 or the Proposing Owner may
give to the other calling for binding arbitration of the
issue as to whether such amendment will have a material
adverse effect on the economic value of Lot 7.
5. If either (a) the Owner of Lot 7 or the
Proposing Owner chooses to submit the 1ssue of whether the
proposed amendment will have a material adverse effect on
the economic value of Lot 7 to binding arbitration and the
arbitrators determine that no such effect will occur or (b)
the Owner of Lot 7 withdraws 1ts Effective Objection Notice
20709073--2/Q/95
before such arbitration occurs, the City will contlnue to
process the proposed amendment under its customary
procedures. If the proposed Owner requests the Clty to
continue to process the proposed amendment after an
Effective Objection Notlce has been glven and has not been
withdrawn, the City shall do so except that such amendment
shall not be presented to the City Council of the City
unless Effective Objection Notice is subsequently wlthdrawn
or the Proposing Owner provides the City with a written
decision of the arbitration panel finding that such
amendment will not result in a material adverse effect on
the economic value of Lot 7.
6. If either (a) the Owner of Lot 7 or the
Proposing Owner chooses to submit the issue of whether the
proposed amendment will have a material adverse effect on
the economic value of Lot 7 to binding arbitration and the
arbitrators determine that such an effect will occur or (h)
the Proposing Owner wlthdraws such proposed amendment, the
City will not process the proposed amendment any further.
7. The following uses in any portion of the ADP
Property outside of the area described in Section 9(g)(iil)
of the Development Agreement, as amended by Section 6 of
this Second Amendment, shall not be deemed to have a
material adverse effect on the economic value of Lot 7:
recording studios, movie studios and sound stages. (Nothing
in this Section 7 shall obligate the City in any way to
permit any of such uses.)
8. A determination that any particular change in
the Development Agreement either will or wl1l not have a
material adverse effect on the economic value of Lot 7 shall
not be deemed to be a determination that any other change
either would or would not have such an effect. If an
Effective Objection Notice is received or if the arbitrators
determine that a particular proposed amendment will have a
material adverse effect on the economic value of Lot 7, the
Proposing Owner shall be entltled to modify such proposed
amendment, in which case such modified proposed amendment
shall be treated as a new proposed amendment and the
procedures set forth in Sections 2 through 6 of this Exhiblt
F shall be followed in connection therewith.
20709073--2/8195
EXHIBIT F
CERTAIN DEVELOPMENT STANDARDS
The follow1ng development standards shall be applicable
to development on the ADP Property:
1. Multifamily Residential. The following standards
shall apply to any multifamily residential housing which may be
developed on the ADP Property:
(a) Usable Common Open Space: Multifamily
resident1al projects shall include a minimum of one hundred
square feet per unit of usable common open space, accessible
and available to all project residents for outdoor
activities. Courtyards, entry areas for two or mGre units,
lawns and play spaces which are physically separated from
private 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 driveways which are
decorated or interspersed with lawn or other acceptable
groundcover may meet a portion of the requirement, subject
to architectural review. The minimum d1mension of at least
one area of common open space shall be ten feet in any
direction. Any pract1cal combination of lawn, paving,
decking, concrete or other serviceable dust free material
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
private streets, driveways, or utility easements where the
ground surface cannot be used appropriately for open space
or front yards.
Required common open space may be reduced by one
square foot for each additional square foot of private open
space added beyond the required private open space.
(b) Childrens' Play Areas: If at least 100 units
of Multifamily Resident1al Housing are developed, the usable
common open space required under Section l(a) above shall
include a childrens' play area, the S1ze of which shall be
subject to the approval of the Planning Comm1ssion.
(c) Refuse Storage and Location: Residential
units shall be provided with refuse and recycling storage
containers separate from those used by any non-residential
20709073--2/8/95
uses on the Property. The containers shall be clearly
marked as being for residential use only and their use by
any non-residential use shall be prohibited.
(d) Private Open Space: All Multifamily
Residential Housing buildings shall provide at least 50
square feet per unit of usable private open space. Private
open space shall include a deck, yard, patio or combination
thereof which is adjacent to, accessible from, and at the
same or approximate elevation as one or more primary spaces.
The minimum dimension of at least one such private open
space shall be no less than seven feet in any dimension.
Private open space shall be screened from common open space,
driveways and adjacent properties by a substantially opaque
wall or fence a minimum of three feet six inches and a
maximum of six feet in height, except in the front yard
setback area. Required private open space may be reduced by
one square foot for each additional square foot of common
open space added but in no case leaving less than fifty feet
of required private 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 seven feet in any
dimension, which is adjacent to, accessible from, and at the
same or approximate elevation as one or more primary spaces
of the unit to be served. Roof decks do not meet this
requirement. The raillng of the balcony or deck shall be
substantially opaque to protect the privacy of occupants.
First floor prlvate open space may project into the entire
width of the slde yard, and ten feet into the requ1red depth
of the rear yard. Private open space may project six feet
into the requlred front yard as long as its width does not
exceed thirty percent of the building width at the front of
the building.
(e) Senior Group Housin9: In the event senior
group housing is developed on the ADP Property, the
following development standards shall be applicable:
(i) Laundry Facilities. The development
shall provide laundry facilities or services adequate
for the residents.
(ii)
provide one or
facilities for
residents:
Common FaClllties. The development may
more of the following speciflc common
the exclusive use of the senior citizen
(1) Central cooking and dining room.
(2) Beauty salon and barber shop.
(3) Small pharmacy.
(4) Recreation room.
(5) Library.
20709073--2/8/95
(lii) Security. Parking and outdoor
facllities shall be designed to provide security for
residents, guests and employees.
(iv) Minimum Age. Resldential occupancy
shall be limited to single persons fifty-five years of
age or older, or to couples in which one person is
sixty years of age or older.
(f) Transitional and Con9re9ate Houslng:
Transitional and congregate housing shall not be permitted
on the Property.
2. Other Uses. The followlng standards shall be
applied to all uses on the ADP Property:
(a) Fence, wall, hedge, flagpole: Fences, walls
or opaque hedges shall not exceed forty-two inches in height
when located in the required setback area unless approved by
the Planning Commission. 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, wallar hedge. Nothlng in
this Section 2(a) shall restrict the use of plant materials,
arbors, trellises or other landscaplng in the required
setback area so long (1) as any hedges ln excess of forty-
two inches high are not opaque, and (2) no fence, wall,
hedge, tree, planting or other obstructlon obscures or
blocks the visibility of drivers of automobiles entering or
exiting any driveway, parking lot or other vehicle accessway
or constitutes an unreasonable and unnecessary hazard to
persons lawfully using an adjacent sidewalk, street or other
right-of-way.
(b) Screenin9 Mechanical Equlpment: All
mechanical equipment that extends more than twelve inches
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.
(c) Refuse and Recyclin9 Storage Areas:
(i) Each parcel containing a building or
structure shall provlde and maintain one or more refuse
containers and recycling containers on the premises.
The containers shall be of sufficient capacity and
number to accommodate the refuse and recyclable
materials generated by the uses on the parcel, ln
compliance with guidelines established by the
Department of General Services. All outdoor storage or
refuse, recyclable materials and other items or
material intended to be discarded or collected shall be
screened from public view. On parcels where refuse and
recyclable materlals are both stored and collected
adjacent to public right-of-way, the refuse and
20709073--2/6/95
~
recyclable mater~als shall be screened from public view
on at least three sides by a solid opaque impact-
resistant wall not less than f~ve feet or more than
eight feet in he~ght, and on the fourth side by a solid
opaque impact-reslstant gate not less than five feet or
more than eight feet in height, or of other such
material or design approved by the Architectural Review
Board. The gate shall be maintained in working order
and shall remain closed except during such times as
refuse, recyclable materials and other such items are
being dlscarded, placed for collection, or collected.
All refuse and recylable materials which are stored and
collected from the same location out of doors shall be
stored not more than ten feet from the property line
which is closest to the refuse collection point.
(ii) All buildings on the ADP Property shall
lnclude adequate, accesslble and convenient areas for
collecting and loading refuse and recyclable materials
consistent with the design standards of Section 2(d)
below.
(d) Desi9n Standards for Refuse and Recyclin9
Rooms and Outdoor Enclosures:
A refuse and recycling room or outdoor enclosure shall
comply with all the requirements of the C5 Zone and shall conform
to the following minimum design standards:
(i) Non-Res~dential Development.
(1) Non-residentlal bUlldlng or buildlngs
with less than one thousand square feet in aggregate
floor area shall include a refuse and recycl~ng room
four feet 1n width, four feet in length, and six feet
1n height or an equivalent space available in a
centralized area or an outdoor enclosure which shall
conform to the same dimensions.
(2) Non-res~dent~al building or bUlldings
with an aggregate floor area between one thousand and
five thousand square feet shall include a refuse and
recycling room five feet in width, nine feet in length,
and e1ght feet in height or equivalent space available
in a centralized area or an outdoor enclosure which
shall conform to the same d1mensions.
(3) Non-residential buildlng or buildings
with an aggregate floor area above five thousand square
feet but equal to or less than ten thousand square feet
shall include a refuse and recycling room n~ne feet,
six inches ~n width, thirteen feet, six inches ln
length, and eight feet in height in a centrallzed area
or an outdoor enclosure which shall conform to the same
dimens1ons.
20709073--218/95
(4) Non-residential building or bU1ldings
with an aggregate floor area above ten thousand square
feet but less than or equal to twenty thousand square
feet shall include a two hundred forty-eight square
foot refuse and recycling room or outdoor enclosure
with eight-foot-high walls.
(5) Non-residential building or buildings
with an aggregate floor area above twenty thousand
square feet but less than or equal to forty thousand
square feet shall include a four hundred fifty square
foot refuse and recycling room or outdoor enclosure
with eight-foot-high walls.
(1i) Residential Development.
(1) Multi-fam1ly residential developments
containing less than five units shall include a refuse
and recycl1ng room four feet in width, six feet in
length, and six feet in height, or an outdoor enclosure
which shall conform to the same dimensions.
(2) Mult1-family res1dential developments
conta1n1ng five to ten units shall include a refuse and
recycling room five feet 1n width, nine in length, and
eight feet in height, or an outdoor enclosure which
shall conform to the same dimensions except that it
shall not exceed S1X feet 1n height.
(3) ReS1dential developments containing
eleven units to twenty units shall include a refuse and
recycling room one hundred twenty-nine square feet in
area with eight-foot-high walls or an outdoor enclosure
of equal area with six-foot-high walls.
(4) Residentlal developments conta1ning
twenty-one units to forty units shall include a refuse
and recycling room two hundred forty-eight square feet
in area with eight-foot-high walls or an outdoor
enclosure or equal area with six-foot-high walls.
(iii) Mixed Use Development. Except as
required in subsect10n (vi) of th1s Section, mixed use
developments shall comply with the design standards for non-
residential developments in subsection (i) of this Section.
(iv) Large Residential, Non-Residential and
Mixed Use Development. Any development, whether
residential, non-residential or mixed use w1th more than
forty residential units, or with more than forty thousand
square feet of floor area shall be reviewed by the Director
of General Services, who shall require the design and
placement of a refuse and recycling room or outdoor
enclosure consistent with the purpose of this Section to
20709073--2/8/95
provide adequate and accessible areas for the storage and
collection of refuse and recyclable materials.
(e) Drainage: All drainage from the ADP Property
must drain to the one or more of the public streets bounding
the ADP Property or directly into a public storm drainage
system ln a manner approved by the Department of General
Services. No surface drainage may be discharged onto
abutting properties.
(f) projections: 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
into the required setbacks set forth in Section 9(d) of the
Development Agreement and the required "Building Volume
Envelope" standards of Section gee) of the Development
Agreement. All such projections shall be ignored in
determining compliance with Sectlon 9(e} 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.
(g) Solar Energy Design Standards: This Sectlon
lS intended to incorporate, to the extent feaslble, passive
heating and cooling opportunitles lnto the design or
modifications of residential developments. This Section is
further designed to assure that solar energy systems in
residential, commercial, and industrial area conform in
appearance to the surrounding neighborhood. 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
rlght-of-way without reducing the operating efficiency
of the collectors. Wall-mounted and ground-mounted
solar collectors shall be screened from public view.
(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 bUllding.
(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 right-of-way.
20709073--2/8/95
.
(f) Exterior surfaces shall have a matte finish
and shall be color-coordinated to harmonize w1th roof
materials 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.
(h) M~scellaneous Design Requ1rements:
(i) Every use shall be so operated that any
significant, direct glare incidental to the operation
of the use shall not be visible beyond the boundaries
of the ADP Property.
(11) All signs on the premises shall comply with
the provisions of Chapter 9.52 of the City's Municipal
Code.
(iii) 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 rights-of-way.
(iv) All commercial uses shall be so operated
that no loudspeakers, bells, gongs, buzzers, or other
noise attentlon or attracting devices exceed 45
decibels at anyone time beyond the boundaries of the
ADP Property.
(v) No sales, rentals, long-term storage, repair
work, dismantling, or servicing of any motor vehicle,
trailer, airplane, boat, loose rubb1sh, garbage, junk,
or their receptacles, or building materials shall be
perm1tted on the ADP Property.
(vi) Build1ng materials for use on the Property
may be stored on the Property during the time that a
valid building permit is 1n effect for construction on
the Property.
(vii) No commerc1al use shall cause a steady-state
earth-borne oscillation which is continuous and
occurring more frequently than 100 times per minute.
The ground vibration caused by moving vehicles, trains,
aircraft, or temporary construction or demolition is
exempted from these limits.
(viii) The following uses shall be permitted
outside of an enclosed building on the Property:
(1) Patio tables, cha1rs, umbrellas, and similar
outdoor accessories used in connection with a
restaurant.
20709073--2/8/95
(2) Vending machines, including welghing scales,
when accessory to a business conducted within a
building.
(3) Border materials, flower pots, trellises and
the like.
(4) Outdoor newsstands.
(ix) In any new restaurant on the ADP
Property, an air filtration and ventilation system
shall be provided.
(x) No pipeline shall be built, lald or
maintained on the ADP Property. For purposes of this
Section, "pipeline" includes all real estate, fixtures
and personal property owned, controlled, operated or
managed in connection with or to facilitate the
transmission, storage, distribution or delivery of
crude oil or other fluid substance through pipelines;
provided, however, that this Section does not apply to:
(1) Any pipellne 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.
20709073--2/8/95
~
"
CA:f:\atty\muni\laws\mhs\arbo
city council Meeting 2-14-95
Santa Monica, California
ORDINANCE NUMBER 1788 (CCS)
(City CounC1L Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT BETWEEN
ARBORETUM DEVELOPMENT PARTNERS, L.P., A CALIFORNIA
LIMITED PARTNERSHIP AND THE CITY OF SANTA MONICA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
The Development Agreement Amendment attached
hereto as Exhiblt "All and incorporated herein by reference between
Arboretum Development Partners, L.P.,
a California Limited
partnership, and the city of Santa Monica, a municipal corporation,
15 hereby approved.
SECTION 2 .
Each and every term and condition of the
Development Agreement Amendment approved in section 1 of this
Ordinance shall be and is made a part of the Santa Monica Municipal
Code and any appendices thereto. The City Council of the city of
Santa Monica finds that public necesslty, public convenience, and
general welfare require that any prov1sion of the Santa Monica
1
..
...
Municipal Code or appendices thereto inconsistent with the
provisions of this Development AgreementJ to the extent of such
inconsistencies and no further, be repealed or modified to that
extent necessary to make fully effective the provisions of this
Development Agreement Amendment.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this ordinance 1S for any reason held to be invalid or
unconstitutional by a dec1sion of any court of any competent
jur1sdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
2
SECTION 5. The Mayor shall sign and the city Clerk shall
attest to the passage of th1S ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
L/- · "f~ ~(ivi
MARSHA J~~OUTRIE
city Attor~y
3
,
~~~.
~
Mayor
State of CalifornIa )
County of Los Angeles ) 5S
City of Santa Moruca )
1. Beth Sanchez. ASSiStant City Clerk of the City of Santa MOllica. do hereby cemfy that the
foregomg Ordmance No 1788 (CCS) had Its first readmg on February 7, 1995 and had ItS
second reading on February 14. 1995 and was passed by the followmg vote
Ayes Councllmembers
Ebner. Greenberg. Holbrook. Rosenstem. Abdo.
O'Connor
Noes CouncIlmembers
Genser
Abstam CouncIlmembers
None
Absent CouncIlmembers
None
A TrEST
,M~
City Clerk