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FEB - 71996
PCD:SF:DKW:f:\plan\share\council~strpt\arbosup
Council Mtg: February 7, 1995 Santa Monica, California
TO• Mayor and City Cauncil
FROM City Staff
SUBJECT Supplemental Report Regarding Arboretum Development
Agreement Amendment and Related Matters
INTRODUCTION
This report supplements the staff report provided to the City
Cauncll for the January 10, 1995 Council meeting. Provided
herein is a summary of action taken to date on the matter by the
Counc~l; a summary of revisions to the Development Agreement
Amendment as a result of changes directed by the City Council at
th~ January 10 meeti.ng; and a summary af r~maining actions to be
~aken on th.~s matter.
BACKGROUND
On January lfl, 1995 the Ci~y Caunc~.7. compZe~ed a public hearing
on a range of items pertaining ta the Arboretum developrnent
pro~ect, following which the Cauncil took act~on on several
items, and continued action an Certain other items to February 7,
1995 Spec~flCal].y, the City Council:
l. Appraved a resolutian certifying the Final Environmental
Impact Report for the pro~ect;
2. Approved a Zoning Admi~istra~or D~termination allowing the
supermarket use under the existing Develflpment Agreernent; ~E~ -~~
- ~ - s u ~P~.~ri ~~v-r 7'0
3. Approved a resolutian making necessary CEQA findings for
approval of the ~oning Administrator Determination,
4. Gave direction ~o staf~ to draft various revisions to the
p~oposed Development Agreement amendment, and
5. Continued other actions an the pro~ect to February 7.
REVISIONS TO DEVELOPMENT AGREEMENT
The Council directed that several revisions to the praposed
Deve~opment Agreement be prepared. The attached new versian of
the Agreement ~ncludes the reviszons reques~ed by the Council,
with the revisions highlighted Changes include the following.
o Limiting neighborhood comrnercia~ uses to 30,000 sq. ft.
znstead of the originally-proposed 7Q,000 sq. ft.; limiting
indavidual stores to not more than 5,000 sq. ft instead of th~
ariginally-proposed 14,a00 sq ft.; eliminat~ng the abil~ty to
develop a 3d,000 sq. ft drugstore, and requ~ring that any
ne~ghborhood commercial uses on~y be lacated in rnulti-story mixed
use buildings.
o Eliminating the proposed language limiting Architectural
Review ~oard authority
o Providing standards for live-work dwelling units.
o Allowing the inclusionary obligation for 500 of required
~ow-income units to be satisfied by an in-lieu payment of $80,000
- 2 -
per unit, and including a CPI adjustment to this amcunt.
o Establishing $6a0/~nit parks fee instead of the $4~0 fee
praposed by the developer.
ACTIONS REMAINING
Three actions rema~n before the Council on this matter•
l. Intraductlon and first reading af the ordinance approving the
amendment ~o the ~evelopment Agreement (Recommendation Number 4
of the original staff zeport;
2. Approval of a xesolution making CEQA findings for approval of
the Arnendrnent {Recammendation Number 5 of the ariginal staff
report )
3. Action ~n the Review af Specific Buildings for the "Zoning
Administrator" and '"Am~ndrr~ent" plans for the proposed supermarket
(Recommendation Number 6 of the original staff repor~)
BUDGET/FINANCIAL IMPACT
The recommendations of this report have no budget/financia~
impaet.
_ ~ _
RECOMMENDATION
It ~s respectfully recommended that the Council act on the
rema~ning matters relating to this pro~ect pursuant to
Recommenda~ions 4, 5, and 6 of the original staff report, using
the revised version of the Development Agreemen~ Amendment
attached to this report.
Prepared by Suzanne Fr~ck, Director
D. Kenyon Webster, Planning Manager
f:\plan\share\council\strpt\arbosup
Attachment: Revised Development Agreement Amendment
- 4 -
RECORDTNG REQUESTED BY
AND WHEN RECORDED MAIL TO:
Pil~sbury Madison & Sutro
725 South Figueroa Street
Suite 120Q
Los Angeles, Califvrnia 900i7
Attn: Thomas R. Larmore, Esq.
A1rtF~iiD~gNT NIII~iBER TWO
TO DEVELOPMLNT AGAEEMENT
This Amendment Number Two to Development Agreement
("Second Amendment") is entered into as of this day of
{"Effective Date"}, by and betw~en THE CITY OF
SANTA MONICA, a municipa~ carporation organized and ~x~.sting
pursuant to the laws of the State of California and the Chartez
of the City of Santa Monica (the "City"), and ARBOR~TUM
DEVELOPMENT PARTNERS, L.P., a Ca~.ifornia Limited Partnership
("ADP"}, with reterEnce to the following fac~s:
A. ADP ~s tha owner of that certain real property
lacated in the City of Santa Monica, State of Ca~ifornia, which
is more part~cularly d~scribed in Exh~bit '~A-1" to this Second
Amendment (the "ADP Property").
B. Santa Manica Number Seven Assac~ates, L.P., a
Delaware Limited Partnership {"S.M. No. 7"), is the owner of that
certain parcel of real property adjacent ~a the ADP Property
which is more particularly described in Exhibit "A-2" ta this
Second Amendment ("Lat 7"). (The ADP Property and Lot 7 are
hereinafter collectively referred to as the "Real Praperty.")
C. The City and a prior owner of the Rea1 Property,
SQPac Propertzes, Inc., a DeZaware corporation {"SoPac"), entered
into a Deve~apment Agreement dat~d as of December 16, ~987 (the
"Original Deve~apment Agreement~~), relating to the Real Property,
pursuant to Califo~nia Government Code Section 658fi4, et sec~.,
and Santa Monica Municipal Code Section 9800, et sec~. (now
Chapter 9.46). The Original Development Agreement was record~d on
December 17. 1987, in ~he Dfficial Recards of the Caunty of
Los Angeles as Instrument Number 87-1995737. {A~1 capita~ized
terms nat defined herein shall have the meanings given those
terms in the Original Developmen~ Agreement.)
ll. Pursuant to the terms and conditions of the
Or~.ga.nal Developmant Agreement, the City approved a plan for
development of the Real Property (the "P~o}ect") af up to an
aggregate of 1,040,490 square feet of Floor Area ("Maximum
2U765977--2~1/95
3edli~ed from 1/4/95
Project Flaor Area") which inc~uded the following p~ranitted uses
(collectively the "Drigina~ Permitted Uses"}:
(1) A hotel of not more than 270,000 square feet;
{2) Res~aurants, including fast food outlets, of
nat more than 25,040 square feet~
(3} Retail, to serve employ~es of and visitars to
business an the Real Property, of not more
than 10,Q00 square feet;
(4} Health club of not more than 6U,OOD square
feet;
(5) Medica~ office of not more than 35,Oa0 square
feet;
(6} Banks and savings and loans of nat more than
ZO,OaO square feet; and
(7) General commercial office and any similar use
or any other uses that the Zoning
Administrator deems acceptable for the zone
~except for theaters).
E. Prior to the execution of the Orig~nal Development
Agreement by the City, the City Council of the City of
Santa Monica ("City Councii") (1) duly adopted Ordinance No. 1420
(CCS) on October 21, ~987, appxoving the Developmen~ Agreement,
(2) authorized the City Manager to execute the Development
Agreement an behalf of the C~tiy, and {3) certified the original
final Environmen~al Impact Repart for the Project.
F. The Or~ginal Develapment Agreement has been
amended, modified or claritied by the following documents:
(1) Memorandum of Clar~fication dated as of
December I6, I987, between the City and SoPac
("First Memorandum°}.
{2) 5econd Memorandum of Clarification dated as
of Decemb~r l~, 1967, between the City, SoPac
and SaPac Development Co., a California
corpora-~zon ("Secona Memorand~m").
(3) Amendmen~ Number One to Development Agreern~nt
dated as of December 28. 1988, between the
City and SaPac ("First Amendment"), which was
recorded an January 5, 1989, in the Officia~.
Ftecords of the County a~ Los Angeles as
Instrument Number 89-15234. (The Origina~
Development Agreement, as clarified by the
20705977--2/1/95
~edl~nad #rom 1/4/45 - ~ -
~irst Memorandum and the Second Memorandum
and as amended and modified by the First
Amendment, is hereinafter sometimes referred
to as the "Develapment Agre~men~".)
G. Pursuant ta the terms and conditions af the
Development Agreement, an o~tice buiZding cansisting of 95,000
square feet of Floor Area has been developed on Lot 7{the "Lot 7
Buildinq"}.
H. The City and ADP mutually believe that
{1~ There is a significant public need and
benefit to expand the supply of new
mu~~ifamily-residential t~nits in th~ City in
order to meet current and projected d~mands
for housing opportunities in the City and to
enhance the City's jobs/housing balance.
(2} Multifamily-residential housinq should be
added as a permitted use on the ADP Property
and the d~v~lopment af such housing should be
encouraged within the overall square ~ootage
parameters for the Pro3ect which were
established in the Development Agreement.
I. The p~ovisions of this Second Amendment are
consist~nt with the City's Genera~ P~an for sevexal x'easons,
including, without limitation, the follow~ng:
(1} The Qriginal Permitted Uses were consistEnt
with the General Plan at the time the
Original D~velopment Agreement was approved
by the City Council and remain so as of the
dat~ of thi5 S~cond Amendment.
{2} This Second Amendment would remo~e 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 Otfice District.
{3} This Second Amendment would add a General
MarketfGrocery as a permitted use up ta
50,000 FASF; that square footage would not be
available for any other u5~. The Land U5~
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
portian of the City. The LUCE recognizes
that the number of supermarkets in the City
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has declined. {See pages 29 and 37 of the
LUCE.} Two policies in the LuCE speak
direc~ly to the need far new supermarkets:
Policy 1.7.5 provides that the City should
"~e]ncourage the development of full-service
superma~kets in areas not currently served'~
and Policy 1.7.7 encourages "the development
of groceries within a five- ta ten-minute
walking distance of areas not current~y
served.'~ One of the City's most impnrtant
planning policies has been to encourage the
development of a supermarket~grocery store
that would serve th~ Pico Neiqhborhoad
because of the absence af any such stor~ in
that a~ea. Although the LUCE seeks to
channel large-scale office development into
the Special ~ffice District, that policy has
been successful~y achieved in large part and
the City does nat interpret the LUCE as
precluding the development of oth~r important
uses in that District. Far exainple, under
"Major Land Use Prapasals" on page 57, the
LUCE s~ates that the City should "[d]irect
the majority of future offic~ and retail
growth to the Downtawn, the Special Office
District, and Wilshire Boulevard." (Emphasis
added.)
(4} The Second Amendmen~ would also permit
Multifamily Residentia~ Housing in th~
Prajeet. The LUCE and cons~stent City
planning policies encourage the deve~apment
af residential housing in all commercia~
zones. On pagE 78, thE LUCE stat~s that it
expands "the opportunity for residential
uses, by mak~ng housing an allowabl~ us~ in
all commercial d~st~~cts ..." Section 1.1D
of the LUCE states as an objective of the
Genera~ Plan that the City should "[e]xpand
the opportunity for residential land use
while prot~cting tha scale and character of
existing neighborhoods." One impartant way
in which to expand ~esidential uses without
increasing the scale of neighborhoads
specif~cally zoned for residential us~ is ta
permit housing ~n cammercial zones.
Th~refore, Policy 1.2.1 af the LUCE provides
that th~ City should "[e]ncourage residential
mixed use of appropriate commercially zoned
paxcels" and Policy 1.10.2 states that the
City shvuld "[a]~low residential use in all
commercial di~tricts, with intensity governed
by the applicable ~AR and height standards of
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Redlined from 1/4/95 -~4 -
each district." The City has aiready
~mplemented this po~icy ~hrouqh Section
9.04.08.24.040(e) which permits mu~tifam~ly
dwelling uni~s in the Spec~a~ Office District
subject to the approval af a Conditional Use
P~rmit. The City believes that the Real
Property consists of appropriate commercially
zoned parcels for residential use becaus~
there are no cammercia~ uses permitted within
that district that are incompatible with
housing and because there is an existing
residential community ~ocated nearby. Also,
the Second Amendment, by permitting
multifamily residential housing within the
framewark of the D~v~lopment Agreement's
density and height limitations, carries aut
Policy 1.10.2.
(5) The Second Amendment wou~d also permit a
Iimited amount of Neighborhood Cammerciai
uses in addition ta the market. This
per~nitted use is also consistent with the
LUCE. One of the key findings of the LUCE is
the displacem~nt of neighbarhood-s~rving
cammercial uses throughot~t the City,
including in the Pico Neighborhood. (See
page 29.) Consequently, one of the LUCE's
majar land use proposals is to "promote
additional neighba~hood com~ercial areas ta
serve all residents." (Page 57} Objectzve
1.7 of the LUCE is to "[p]rotect and expand
uses that provide for the day-to-day shapping
and service needs of nearby residents. The
City shall encou~age the provision af
neighborhood cammercial services within
waiking distance of alI neighborhoods."
(Fag~ 93) The ADP Property is wi.thin walking
distance of an existing residential comrRUnity
east of 26th Street and, if multifamily
resid~ntial hausing is canstx~ucted an the ADP
Prop~rty, neighborhood-serving uses will be
appropriate in order to serve that housing.
This Second Amendment precludes the
development of these neighborhoad-serving
uses (other than the market) unti? at Zeas-~
100 units o~ residential housing hav~ been
built.
(6) The LUCE's goal to cause Iarge-scale office
developments to be located in the Special
Office District has been achieved in large
part through developm~nt and cornp~eti.on of
MGM Plaza, th~ Wa~er Ga~den, Sony Music.
20705977--2/1~95
Redlined fraai 1/4/95 - ~ -
National Medical Enterprises and other affice
projects. Development of residential
housing, markets and other neighborhood-
serving uses on the ADP Property, under the
limitations set forth in this Second
Amendment, is consistent with the totality of
the LUCE and with various impartant City
planning policies.
J. For the reasons set forth above, the City believes
it t~ be in the public interest to (i) permit the development of
a grocery store and additional neighborhood commercial space on
the ADP Praperty, (ii) permit the development of multi-family
residential hausing on the ADP Property, (iii) permit the
rep~acement of square footage previously allocated to the hotel
for multiwfamily residential use {but for no other uses}, and
(iv) permit development of the grocery store and any other us~s
permitted by th~ Develapment Agreement, as amended hereby, a~I as
mare specifically provided herein.
K. On May 21, 1993, ADP fiZed with the Ci~y an
Application to Amend the Development Agreement ("'Amendment
Application").
L. ADP has pa~d all necessary costs and fees
associated with the City's processing af the Amendment
Application and this Second Amendment.
M. A Draft Environmental ~mpact Report was prepared
by Environmental Sciences Associates, Inc. for the City with
respect to the amendments to the Development Agreement cantained
.in this Secand A.mendment and c~rculated for public comment, all
in compliance with the California Environmental Quality Act (the
"DEIR"). Comments on the DEIR were received from ADP and its
representatives, members o~ the public and certain governmental
agencies and a fina~ Environmental Impact Report was prepared
(the "Final EIR"} and rev~ewed by ~he Planning Commission and the
City Council in 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
Mon~ca Municipal Code Sections 9.4$.010, et seq., regarding the
processing of the Amendment Application and this Second
Amendrnent, including the following:
(~) The Planning Commissian held a duly noticed
public hearing on the Am~ndm~nt Application,
this Second Amendment and the Final EIR on
October 19, 1994 and an Novemlaer 9, 1994 and
made its written recommendation to the City
Council in accardance with Santa Monica
Muni.cipal Code Sec'tion 9.48, 130; and
2~70~977--2/1/95
Redlaned froci 1/4/95 -6-
(2) Pursuant to S~ction 9.48.150 of the Santa
Monica Municipal Code, the City Council held
a duly noticed public hearing on the
Amendment Application, this Secand Amendment
and the Final EIR on January IU, 1995. Upon
compl.etion of ~he public hearing and
consideratinn of the recommendation of the
Planning Commission, the City Council adopted
an ordinance and related resoZutions:
(2}(a) approving this 5econd Amendment;
(2}{b) finding tha~ this Second Amendment
is consistent with the General Plan
for ~h~ City;
(2){c) authorizing the City Manager ta
execu~e this Second Amendment; and
(2){d) certifying the Final EIR.
NOW, THEREFORE, in consideration of th~ covenants and
conditions hereinafter set forth, and for o~her good and valuable
cans~.deration, the receipt and sufficiency of whi.ch are hereby
acknowledged, the parties here~o da hereby agree that the
Development Agreement shal]. be further amended in the following
respects, such amendments to be applicab].e as of the Effective
Dat~:
1. Section 1 of Deve].op~-ent Ac~reement . The
following defined terms shall be added ta the list of defined
terms in Section 1 of the Development Agreemen~:
(a) "ADP" shall mean Arboretum Development
Partners, L.P., a California Limited Partnership, and its
successors-in-interest.
(b) "Designated Area" shall mean the cross-
hatched area east of 20th Street, as shown on the Revised
Zone Diagram attached hereto as Exhibit B.
{c) "General Market~Grocery" shall mean a
supermarket, market or grocery such as those supermarkets,
markets or grocer~.es ogerated in the Southern California
region by operators such as Ralphs, Smiths, Vons, Alpha Beta
and the direct competitors thereof consisting af a minimum
size of 35,400 square feet.
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(d} "Multifamily Residential Housing" shall
mean multiple family dwelling units, whether dev~loped or
atf~red for rental or awnership, including without
20705977--2/1/95
Redl~ned from 1/4/95 - $ -
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i~aluii~.u s~Y ~.:ac ~.s~.Y ~salu~i ovt.a.iv3a 1~ vL ~.1i~ i1~vGi~~ea:~~azi.
~~•'
jf] "5pe~ialty Faad Store" sha~~ mean all s~to~~s
whiCk~ se1l f~od ~ri.marzly f~r off~premi~~s ~onsumption.
except far Genera~ ~larket;~Groc~~y space and ~a3~-fc~ad
outla~s.
2. ~e~twon ~~b) ~f I~evelogmant A~re~ment. Attache~
tv thir 5~cond Aii~~ndrien~ as Exhib~.t B is a- new Zbne Di~gra.~n ( the
,~Revised ~ane Da.agra.a[t" } r~placi:~g the ~ane Di~gxauE attached as
2~74597I--2{Zf95
~e~Z'~~td £ram :j4l95 -~-
Exhib~t B ta the Original Development Agreement. A11 provisions
of Section 9{b} of the Development Agreement shall be deemed to
refer ~o the Revised Zone Diagramand Section 9{b} is hereby
amended in its entirety ta read as follows:
20705977--2/1/95
Redlined fram l f 4/95 -1 ~-
"(b) Revised Zone Diagram; Buildin~ Heights.
(i) The Revised Zone Diagram attached to
Amendmen~ Number Two to this Agreement designates five
zones on the Real Property within which buildings may
be loca~ed {sub~ect to a11 other requ~rements of this
Agreement) and sets forth, far each zone, maximum
Building Heights for the bui~ding or buildings to be
constructed in that zone of (x) eighty-four (84) feet
for the Colorado~Cloverfield Zone, the
Olympic~Cloverfield Zone (un~~ss a General
Market~Grocery use is locat~d in such zone, in which
case the maximum Building Height for such use shall be
fifty-six {56) feet} and the Olympic Boulevard Zone,
(y) seventy (70) fee~ for the Colorado Av~nue Zone, and
(zy fifty-seven (57} feet for the Twentieth Street
Zone. Each zone may contain one or more building(s).
Any bui~ding constructed in two or more zones shall be
deemed to be in compliance with the maximum Building
Height limita~ions of this Agreement if the Building
Height of that portion of such building situated in any
zone does not exceed the Building Height permitted ~n
that zane.
{ii) The C~ty h~reby specifically app~aves
for the Project, as shown on the Revised Zone D~agram,
a General Market/Grocery having an aggregate FASF not
to exceed 50,000 to be developed in an area of
approximately 125,OOQ square feet at the carner af
Olympic Bou~evard and Cloverfieid Boulevard and
designated in the Revised Zane Diagram as the
"Olympic~Claverfieid Zone" with a Building Height nat
to ~xc~ed fifty-six (56} feet.
(iii} No bu~ld~ng may have a Building Height
in excess of eighty-four {84) feet or have more than
six staries.
(iv) The Zone D~agram does not show the
location of a proposed health club anticipated to be
built below grade. Such a health club, not to exceed
6Q,000 FASF, may be located at any point below grade at
the discretion of Property Owner sub~ect to applicable
building code and fire safety restrictions. Property
Owner may ~1ect to place the health club above gxade in
its sole discretion.
3. Section 9(c} of Develo~ment Agreement. Section
9(c} of the Development Agreement is hereby amended to read in
full as follows:
"(c) Maximum Site Coverage. The aggregate
square faa~age of the at-grade footprints of a~l
26765977--2/1/45
Re3lined from 1/4/95 -1~-
buiZdings in the Froject shalZ not exceed fifty percent
(50$) of the tatal square footage of the Real Property
(i.e.. shall not exceed 281,21~ square feEt)."
4. Building Volume Envelope. Section 4(e) of the
Development Agreement is hereby amended ta read in full as
fo~lows:
"{e} Suilding Volume En~elape. No bui~ding shall
project beyond the Buiiding Volume Envelope except that ~his
restrzction shal~ not apply ta (i} any building with a
Build~ng Height over 57 feet which is set back at least 40
fee~ from the Curb Line along its entire frontage, {ii) any
building with a Building Height not over 57 fe~~ which is
set back at least 37 feet trom the Curb Line along zts
entire frontage, or (iii) a tawer which is par~ of a market
located in the C~overfield/Olympic 2one, which tower is
located at the corner of the market closest ta the
intersectian nf plympic and Cloverf~eld Boulevards, is not
over 56 feet ta12, eo~p~ies with the Building Volume
Envelope standards with respect to Clover~ield Boulevard and
is set back at least thirty-five (35} feet fram Olympic
Boulevard at its closest point."
5. Sect~on 9(f)(i) of Develo~ment A~reement. Section
9(f)(i) of the D~velapment Agreement is hereby amended to read in
full as follows:
"(i) The required number of parking spaces to be
provided in cannection with the Project shall be determzn~d
as follows:
(x) Except as provid~d in (z) be~ow, ADP
sha~l provide the number of parking spaces required by
the City's generally applicable aoning ordinances in
~ffect on the date hereof far a~1 Neighborhood
Commercial Uses (including General Market/Grocery) and
Multifamily Residential Housing an the ADP ~raperty;
{y} For all other pexmztted uses, ~he number
vf parking spaces calculated under Exhibit C to the
Development Agreament shall be applicable {except as
provided in {z} below and except for the hotel use
which has been d~leted from the list of permitted
uses}; and
(z) AD~ shal~ be entitled to estab~ish a new
shared-use parking fo~mula ta ~nelude Neighborhood
Comrnercial ^ses (including General Market/Grocery) and
Multifamily Residential Housing with the approval of
the Planning Commissian or the City Cauncil on appeal
so long as such new formula does not increase the
20705977--2/1/95
Red3ined from 1/4~95 - 1 ~ -
number of parking spac~s which would be required to be
pravided on Lot 7."
6. Section 9(g)(i} of Develo~ment Agreement.
{a) Maxirnum FASF Com~u~ations. Sectian 9(g)(i)
of the Development Agreement is hereby amended to read in
full as fallows:
"(i) The Real Property is hereby approv~d for the
fol~owing uses:
Use
FASF Not to Exceed
• General Market/Grocery 50,000
• Neighhorhood Commerc ial Uses .: ' , '~': .~ ' ,
other than General Market~Grocery
• HeaZth C].ub 60,000
• Medical Office 35,000
• Banks and savings and loans 2D,000
• Restaurants (including fast 25,OOQ
food but not including
cafeterias and dining r'OQYIIS ~
designed to primarily serve
the employee~ af a single tenant
and not open to the general
public and not including General
Market~Grocery)
• General Commercia~ Office (includ~ng 720,490 less the
cafet~rias and dining rooms FAS~' for uses other
designed to prima~i.ly serve the than General Market~
employees of a single tenant and Grocery and Multi-
not open to the general public} Family Residentiai
and any simi].ar use determined by
the Zoning Administrator ta be
nat more disturbing or disruptive
than any specitically permitted
use except that theatre use shall
not be permitted
• Retail (other than Neighborhood 10,000
Comme~cial) to serve primarily
employees of, or visitars to,
b~sinesses located on the Real
Property
• Multi-Family Residential 990,490
20705977--2/1/95
Redliue3 from 1/4/95 ~~3-
Haus~ng
(b)
Permitted Uses:
less the FASF
utilized for al~
other uses
{i) A~1 of th~ uses identified in
Sectian {a) here~n shall be deemed permitted uses
up to the maximum FASF designated in Section (a)
herein; provided, however, that {x} the City and
ADP acknowledge that a commercial offic~ building
consisting of 95,000 FASF has been dev~lap~d on
Lot 7 and, therefore, as of the date of this
S~cond Am~ndment, the remaining maximum permitted
FASF for Genera~ Commercial Otfice {and similar
uses determined by the Zoning Administrator to be
not more disturbing ar disruptive than any
specifically permitted use) is 625,490 less the
FASF for uses other than Multifamily Residential
Ho~sing (but subject to the overall limitation af
1,040,49~ FASF on ~he Real Property), and the
remaining maximum pe~itted FASF for Multifamily
Residential Housinq is 895,490 less the FASF
utilized for a11 other uses, (y) the City and ADP
agree that the 50,000 FASF allocated for General
Market~Grocery use cannat be used fo~ any oth~r
purpose, and (z} no Neighborhoad Commercial Uses
ather than General Market~Grocery shall be
permitted unle5s at least la0 units of Mu~ti-
Fami~y Residential Housing have been developed on
the Property.
(ii) Effective with this Second
Amendment a hotei shall no longer be a permitted
use for the ADP Property and all references to the
hotel ar hotel b~ilding con~axned in the
~evelopment Agreement shall be deleted.
(iii) Except as specifically pravided in
the Develapment Agreement. as am~ndEd by this
S~cond Amendment, no conditional use permit or
other discr~tionary permits shall be required in
connection with the use of the ADP Property or any
portion thereof for any of the permitted uses in
S~ction (a) herein including, without limi.tation,
Mu].tifamily Residential Housing, whether awner or
rental in nature.
7. Section 9(q)(iii) of the Develo~ment Agreement.
Section 9(g)(iii} of the Develop~ent Agreement shall be amended
to read in full as follows:
20705977--2/1/95
RedLined from 1/4/95 - 1 4-
"(iii) Restrictions on Specific Development. The
City and ADP hereby agree that the following restr~ctions
shal~ be applicable to development of the ADP Property:
{x) That portion 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 cosnmercial or medical of~ices.
Yn additian to the dev~lopment of such main ar primary
uses, the Designated Area may anly be developed
secondarily with ancillary restaurants, retail to serve
primarily emp~ayees of, ~r visitors to, tenants iocated
on the Real Property, banks and savings and loans, and
parking. Structures containing not more than 25,000
squar~ fee~ of flaor space for such non-main uses, plus
allowahle surface parking (and an unlimited amount of
undergraund parking} may be constxucted before a main
or primary ~se is constructed. That partion af the ADP
Prop~rty other than the ~esignated Area shall be
daveloped in such a way as to preserve at least Z30,DOfl
FASF far the Designated Area.
(y) That portion of Lot 4 of Tract 49694
which is not within the boundaries of the Designated
Area, as shown an the Revised Zone Diagram, shall be
developed only with the uses set forth in Section
9(g){i} of the Develapment Agreement (without regard to
the changes being made by this Second Amendanent but
excluding a hotel), wh~ch restriction shal~ expi~e and
be of no further force or effect after November 18,
i996.
(z) As ~ndicated on the Rev~sed Zone
D~agram, the partion of the ground floor leveZ of all
build~ngs having Calorado Avenue frontage shall be used
solely for those uses permitted in Section 9(g)(i} of
~he Development Agreement ~With~ut ~eqard to the
changes bexng made in this Second Amenc~nent but
excluding a hotel); ~rovided, however, that such
restrictian shal~ not apply ta that portion of any such
building which does not have Colorada Av~nue frontage
except for Buildings located on any portion of the
~esignated Area. Except as otherwise set forth in
Sections 4(g}{iii)~x) and 9~g)(iii)(y) above,
mu~tifamily residential dwelling units shall be
permitted on any f~aar of a building or structure on
~hat portion of the ADP Property currently described as
Lo~s ~ through 5 of Tract 49694 above the street level
and shall be permitted in any portion of any buiZding
on the ADP Property which does not have any frontage an
Calorado Avenue.
20705977--Z/1/95
Redlined Eram 1/4/95 - 1 5-
$. Section 9(i) of ~he Development Agreement.
Subsec~ion {ii) af Section 9(i) of the Development
Agreement shall be amended to ~ead in fu11 as follows:
"(ii} On CZov~rfield Boulevard there shal~
be no mo~e than one Access Point, which shall be for
access exclusively ~o and from portions of the Pra~ect
utilized for Multifamily Residential Housing and
Neighborhood Commercial Uses, includinq General
Market~Grocery. This Access Point sha11 be right-turn
in and right-turn out only; Provided, however, that the
Access Paint may also include ie~t-turns into and aut
of ~he Project with the approval of the City's Parking
and Traffic Engineer and on such conditions as such
Engineer may require."
9. Section 9(I) of the Develo~ment A~reement. The
followinq sentence is hereby added to the end of Section
9(1)(u~ii) of the Development Ag~ee~ent:
"In addition to the foregoing, if the application
includes either Mul~ifamily Residential Housing or
Ne~ghborhood Cammercial Use, or if Multifamily
Resid~ntial Housing or Neighborhood Commercial Use
(including General Market~Gracery) has already been
approved for the ADP Property, then the Planning
Comm~ssion, or th~ City Council an appeal, shall be
required to make the following additional findings in
connection with any such applicat~on: the placement of
each use on the ADP Property is compat~ble with, and
relates harmoniousiy to, all other uses on the ADP
Property, the privacy of all residents in any
Multifamily Residential Housing shall b~ appropriately
pro~ected 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 th~ surrounding s~dewalks and
streets, the design of setback and open-space areas
visible from the public s~d~wa~ks and streets featur~s
design ~1Ements which enhance and encourage visua~
connectian with the public streetscape, and the ADP
Property provides apprapriate internal pedestrian-
oriented design features and apprapriate pede5trian
c~rculation between related bui~dings on the ADP
Praperty.
10. Presenta~ion of Plan. The following new Section
9(1)(xi) is hereby added to the Development Agreement to read as
follows:
"(xi) If a General Market~Groc~ry use has been
approved by the Planning Commission, or the City Council on
20705977--2~`1/45
Redlined from 1/4~95 ~ ~ ~ -
appeal, under the provisions af this Sectian 9(1), ADP shall
present ta the Planning Commission with its next application
for review of a specific building under this Section 9(1)~ a
plan for deve~opment of the remaining portion of the ADP
Property showing the areas in which ADP then contemplates
the develapment 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 ta the changes in mark~t 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 apprapriate, sub~ect to
the requirements of the remaining portions of this Section
9(1) as ta 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
Olympic~Cloverfield Zone which indicates the degree of
specificity needed in connection with futura plans which may
be required under this Section 9(~)(xi)."
~1. Section 12(a~ af the Development Agreement.
Section 12(a} of the Development Agre~ment is hereby amended ta
read in full as fo~lows:
"12. Miti~ation Fees.
(a) Hausing and Parks Fee. Property
~wner 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
~he first i5,000 square feet of net rentable Flaor
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,OQ0 square feet (excep~ that the fee
camput~d at the rate of $2.25 per square foot
shall apply only to the first 15,000 square feet
of inedical or commercial office space in the
Project). The amoun~ af each portion of the
Housing and Parks Fee due pursuant ta this
Section 12(a) shall be adjusted from the date of
thE execution of this Agr~ement {December i987} to
the month immadiately preceding the date of
payment bas~d 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 af ~he Pro3ect shall be based upon the
amaunt of net rentable Floor Area of inedical or
commercial affice space included within the
approved building p~rm~t for th~ bui~ding. Upon
the issuance af ~ach building permit, Property
20705477--2/1!95
Aeclined fro~ 1/4j95 -17-
Owner shall promptly pay the Hous~ng and Parks Fee
due thereon. Nothing in this Section 12 sha~~
requzre 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
fuli satisfaction of, Ordinance NumbEr 1367 (CCS),
as it may b~ amended from time to time, except
that to the extent the fee payable hereunder is
allocated for pa~k space, it shall be utilized
sol~ly for the acquisition and development of land
far new parks ar expansion of ~xisting parks,
including expenses related thereto, and shall not
be used for capi~al improvements, maintenance or
other purposes. Th~ Housing and Parks Fee shall
not apply to any uses except medical and
commercial dffices. AlI other uses shall be
exe~pt from the Housing and Parks Fee incZuding,
without limitation, Neighborhood Commercia~ Uses,
General Market~Grocery, Health Club, Banks and
Savings and Loans. Restaurants, and Multifamiiy
Residential Housing.
12. Sec~~ons 12(c} and 12(d) of Develo~ment
Agreemen~. The follawing new Sections 12(c) and 12(d) are hereby
added to the Development Agreement.
"(c) Affordable Housing. The
pravisions of Chapter 9.28 af the Santa Monica
Municipal Code, as in effect on the date hereof, a
copy af which is attached h~re~o as Exhibit C,
shall apply to the Project in the event ADP elects
tio develo~a Multifam~.lv Residential Housina; .•x. ••~, .
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20705977--2j1/95
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"(d) Credits Ac~ainst Housing and Parks Fee
and Affordab~e Housing Fee.
Upon execution of the Deveiopment
Agreement, ADP's predecessar-in-interest paid to the
City the sum of $2,200,Op0. The City and ADF mutua~ly
agree that this sum constitutes an initial advance
payment by ADP of the Housing and Parks Fee and
Affordable Hausing Fee pursuant to Sections 12(a) and
12(c}, respectively. Accordingly, in calcu].ating the
amaunt of Housing and Parks Fee and~ar Affordable
Housing Fee ta be paid under Sections 12{a) and 12{c),
Property Owner shall be entitled to a dollar-for-dol~ar
credit in the amount of such advance payment."
13.
Sec~ion 13(a)
its ~ntirety.
I4.
hereby a
Section
of the D+
Sec~ion
Sectian
mended to
13(a) of th~
~ve~opment Ag:
13(b) of th~
13(b) of the
read in ft~ll
~evelo~ment Agreement.
reement ~s hereby deleted in
Development Agreemen~.
Dev~lopment Agreernent is
as follows:
°(b) Open Space. The areas
designated an ~he Zone D~agram as 'Colorado~
Twentieth Plaza', 'Colarado~Cloverfie~d
Plaza' and 'Olympic~Cloverfield Gateway'
shali be develop~d and used far public
viewshed purposes (the 'Qpen Space'). The
Open Space sha11 consist of an aggregate of
at least 40,~~0 square te~t. The
Colorada/C3.overfiEld P~aza shall have a
minimum of 3,000 square feEt of Open Space.
The 0].ympic~Cloverfield Gat~way shal~ conta~n
at least 25,000 square fe~t of Open Space.
If the Project includes a General
MarketfGracery, such requ~r~ment shall be
satisfied by the development and landscaping
of the Olympic~Cloverfield Gateway in
za~as9~~--z/lj9s
Reciined from 1/4/95 - ~ J -
accordance with the standards set forth on
Exhibit D attached hereto, and ADP sha11
cooperate with all surrounding property
owners ~o d~velop a unifor~ landscape and
streetscape ~herne. The O~ympfc/C~overfieZd
Gateway may, in th~ discretian of ADP,
include a par course for puhlic use. The Open
Space shall at all times remain the property
of Property Owner and shall be maintained by
Proper~y Owner at its so~e cost and expense."
The parties hereby acknowledge and agree that the
Colorado~Twentieth Plaxa has been comp~eted in accordance
with tha Development Agreement and consists of 3,543.3
5quare feet.
15. Sectian 13(c) of the Dev~lo~ment Agreement. The
fallowing constitutes thE manner in which Sec~ian 13(c} shall be
complied with after the date he~eaf:
(a} 5ection 13(c) af the Development Agreernent
requires, among other things, that (i} Property Owner pledge
at ~east $250,000 to ~he Santa Monica Arts Foundat~on (the
"Foundation") far the acqu~sition of artwork to be placed in
the pubZic areas of the Project, (3i) an Art Selection
Committee be formed consisting of representatives o~
Property Owner, the Santa Monica Arts Commission (the
"Commission") and the Foundat~on, and (i~i) within one year
follawing the date of the Development Agreament, the Art
Selection Comrnittee, with the apgroval of Property Own~r~
wou~d establish a plan consisting of general gu~delines for
the type, size, cast and lacation for var~ous artworks
around the Praject.
(bj SMNSA, the Commission and the Foundation
established an "Arts in Public Places" project and selected
an artist to design cer~ain gates as a part of the
development current~y located on Lot 7 as ~he fi~st of these
projects. In connection therewith, SMNSA has expended
certain amaunts towards the aggregate $250,Q0~ pledge,
(e) Because no development has occurred on the
Real Property fo~~awing the developmant of Lat 7 and because
of the change in awnership of the ADP Property tv ADP, no
further work has been dane by Property Own~r, the Foundation
or the Cammission with respec~ to additional artwork for ~he
public areas of the Project. Therefore, the C~ty and ADP
agree that {i) additional amounts remain to be spent by ADP
in connection with artwork in public areas of the ADP
Proper~y in order to satisfy the aggregate $250,000 pledge
contained in Section 13{c) af the Developm~n~ Agre~ment,
(ii) ADP shall work with the Commission and the Foundation
in order to reestabiish the Art Selection Comm~ttee within
20705977--2/1/95
~1edLined #zom :/L/4] -~ ~-
nine (9} months following the date of execution of this
Second Amendment, and (iii) upon reestablishment of the Art
Selection Committee, the Art Selection Com~nittee and ADP
shall carry out the balance of the procedures se~ forth in
Section 13(c) of the Developmen~ Agreement.
~6. Section 14 af the Dev~lo~ment A~reement. 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 subdivisions and tract map appZications
also apply to any Multifamily Residential Housing units which are
developed as condominiums or which are converted to condominiums
pursuant to the Tenant Ownership Rights Charter Amenc~n~nt
(Article XX af the City Char~er) or any other subsequently
enacted law authorizing conversion of rental units to
condominiums or o~her forms of awnership housing.
17. Section 15(e) of the Developm~nt Ayreement. The
fourth sentence in Section 15(e) of the Develapment Agreement is
hereby madified to read in its entirety as follows: "All toilet
fixtures sha11 be "low-flow."
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19. Section ~9 a~ the Develo~ment Agreement. Sectian
19 of the Development Agreement is hereby amendEd to read in full
as follows:
"19. Amendment of Agreement. This Agreem~nt may
be amended, in whole or in part, as to any portion of the
Real Property except that (a) the following provisions of
20705477--2J1/95
Realined from 1/4/95 -2~-
this Aqreement cannot be amended without the prior written
con~ent of the Owner of Lot 7: the definition of the
Designated Area; the locat~on of any General Market/Grocery
use; the FASF of any General Market~Grocery use above
80,000; Section 9(g)(iii); the densi~y and height
limitations applicable to Multifami~y Residential Housing
uses; and this Sectian 19, and (b) no other provision of
this Agreement may be am~nded without the prior wrxtten
consent of the Owner of Lot 7 if such amendment wou~d have a
material adverse economic effect on the value of Lot 7. The
pracedures for determining whether any proposed amendment
wili have 'a material adverse economic effect on the va~u~
af Lot 7' are set forth in Exhibit E to Amendmen~ Number Two
ta th~s Agrae~ent. Except as provided in (a) and tb} above,
this Agreemen~ may be amended, in whole or in part, as to
any portion of the Real Prape~rty without the consent df ~he
Owner af any other portion of the Real Progerty."
2~. Section 15 of Exhibit I3 ta the Dev~loQment
Agreement. S~ction 15 of Exhibit D to the Origina~ Develapment
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 sha.Zl pay the City's
general~y applicable sewer connection fee for all new
constructian on the ADP Property, subject to the following:
(a) to the extent wastewater ~rom F1oor Area of
such new construction is treated at an on-site sewage
~Creatment system and recirculated for use ~n
landscaping, decorative water features and~or flushing
of toi~.~ts and ~rinals (in each case, wh~ther on-site
or aff-site), ADP sha~.l pay a sewer connection fee of
ten percent (lOg} of th~ generally applicable sewer
connection fee for such Floor Area;
{b) to the extent wastewater fram Floor Area in
new canstructian of the ADP Property used far
Multii.family Residential Housing (whether or not used
for com~nercial purposes), Neiqhborhood Commercial or
other uses other than General Cornmercial O~fice a.s not
~reated at an on-site sewage ~reatment system, ADP
shall pay the generally applicable sewer connection fee
for such Floor Area; and
(c) to the
new construction
Com[nercial Of f ice
trEa~ment system,
applicable sewer
p~us twenty-five
Floor Area.
extent wastewater from Floor
on the A~P Property used for
is not treated at an on-sit
ADP shall pay the generally
connection fee for such Floo
cents ($,25) per square foot
Area in
General
e sewage
r Area
of such
20705977--2/1/95
Redlined frc~ 1/4195 -22-
21. New Paragraphs to b~ Added ta ~xhibit D. The
fol~owing new paragraphs shal~ be added to Exhibit D to the
4riginal Development Agreement canstituting requirements imposed
by the City's Departments af ~lanning and Com~nunity Development
and Environment and Public Warks Management in response to
impac~s identified in the ~inal ~IR:
"16. Unl~ss the ADP Property is developed in
accordance with either "Scheme B" or "Scherne C," as
described in the Final EIR relating to Arnendment Number Two,
or with uses which ~al.l entirely within those permitted
under the Development Agreement without regard to Amendment
Number Two, ADP sha~.~ provide funding in an amaunt not ta
exceed $75,000 for the design and installation af updated
intersection signal Equipment as part af the City's
centralized computer signal control system ~or the
intersection of 20th Street arcd Braadway. This will include
a new signal controller, new signal poles, mast arms, signal
h~ads and interconnect as determined apprapriate by the
City's Traffic and Parking Engineer. No~wi~hstanding the
foregoing hawever, ADP shall, at any time after the
Effective Date, be entit~ed to request preparation af
additional environmental analyses, at ADP's expense, to
determine whether a proposed development scenario which
diffexs from a development scenaria which was stud~ed in the
Environmental Impact Reports prepared for the Project would,
in fact, create a significant environm~ntal impact on thzs
intersection when compared to the impact which would have
been created by the uses permitted in ~he Development
Agreement and identified in the Fina1 EIR relating to
Amendment Number Two as the "existing Development
Agreemant." If ADP makes such request and subrnits the
necessary funds to pay for such additional environmental
ana~yses, the City sha11 cause such additional environmental
ana].yses to be prepar~d and circulated for public camment to
the extent required under the Californ~a Environmental
Quality Act. If such additional environmental analyses are
prepared~ they shall be presented ta the Planning Commission
for review and ADP shall be required to mitigate thas~
significant adverse en~ironmental impacts, if anyi WhiCh the
Planning Com~ission, or the City Cauncil on appeal, finds
are projected to result from such propased development
scenario which would not bE projected to have resulted fram
the "existing Development Agreement."
"17. ADP shall pay any additional cost which might
be required in arder to make permanent the ~emporary
westbound left turn I.ane at Centinela Avenue and Colorado
Street.
"18. Exterior walls and ~'40f8 shall b~ fini5hed
with light-colored materials w~.th high emissivity
characteristics to reduce cooling ~oads. Interior walls
20705977--2~1~95
Redlined from 1/4/45 - 2 ~ -
shall be finished with ~ight-calored materia~sE except where
dark colors are preferable for aesthetic effect, to reflect
more light and thus increase lighting efficiency. A
perfarmance check of the installed space conditianing shali
be campleted by the develop~~~insta~ler prior to issuance af
a certificate of occupancy ta ensure tha~ energy-efficiency
measures incorporated into the praject operate as designed.
Heat-reflective draparies or other coverings shall be
installed on appropriate exposures. Built-in appliances,
refrigerators and space-conditianing equipment shall exceed
the minimum efficienay levels mandated in the California
Cade of Regula~ions. ADP shall consu~t with the 5outhern
California Edison Company and the 5authern California Gas
Company regarding any other feasible energy canservation
measures that could be incarparated inta the design af the
Projact.
"~9. ADP sha~~ comply with the applicable
provisions of Noise Ordinance No. 1~38 (CCS) of the Santa
Mo~ica Municipal Code and with the City of Santa Monica
Constructian Haurs Ordinance. ADP shall enter into a
construction mitigation plan with the City in accordance
with customary City pol~c~es.
"20. To minimize ~xcessive l~ght and glare,
building ext~riors shall utilize low ref~ectance materials.
Mirrored glass and other highly reflective building
materials sha11 not be utilized on the exterior of
buildings. A~l outdaor Iighting other than identification
signage shall be directed from ~he perimeter of the property
toward buildings and parking areas utilizing cut-off
fixtures to prevant nighttime illumination to sp~ll onto
ad3acent praperties and residential uses on-site. Exterior
building courts and corridor illuminatian shall be designed
to m~nimize intrusive glare an adjacent land u~~s. Low
level security lights shall be used along driveway
entrances. Plant materials, shade struc~ures and oth~r
architectural design features shall be used, where
apprapriate, to decrease reflectivity of hardscape and liqht
and glare toward adjacent land uses.
"21. The project shall pay to the City !.:;~I~~
par dwelling unit to be used for the acquisition,
~mprovement, and expansion of public parks, playground
andJar reereation ~acilities.
"22. The praposed project shal~ comply with
Ordinance 1506 {CCS), the Sprinkler Ordinance, to ensure
adequate fire prevention in non-residential structures.
"'23. At~.empts shall be made not to obstruct any of
the surrounding streets during the construct~.on period. All
constructian equipment and materials shall be kept on the
20705977--2/1/95
Redli~ed fram 1/4/45 -24-
project site to avoid obstxuction qf traffic circulation,
especially during traffic peak hours. As req~ired by the
Cit~ of Santa Monica Fire Department, access far f ire
equipment shall be maintained during construction.
"2~. ADP shall work with the Police and Fire
D~partments di the City on building~complex design to assist
with emergency access to the site and on facility design in
terms of "target hardening" against criminal activity for
both residential and commercial design. Entryways,
eleva~ors~ lobbies and parking a~eas shall be we~1-
illuminated and designed w~th 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 ta projects of
comparable type and size. Effzcient irrigation systems
sha~l be instal~ed to min~mize runoff and evaporation and
maximize the proportion of water available for use by plant
materials in landscaped areas. Water conserving landscaping
ut~lizing d~ip irrigation and appropriate mulching to retain
soil mvisture ta the soil shall be used in a11 comman areas
and encauraged elsewhere within the Project. ~f available
to the ADP Property, reclaimed water sha~l be utilized as a
source to irxigate large landscaped areas. Drought-
tolerant, low water consuminq piant varieties shall be used
on site to reduce irriqatian water consumption. None o~ the
forego~ng shall be applicable to the extent that ADP
uti~izes the exist~ng water treatment plant located on the
Property to abtain wat~r far irrigation.
"26. Information shall be pro~ided to residents
and employees of the proj~ct on the ADP Property about the
recycling services in the area. Buy back centers and
p~ssible markets for recyclables in the area shall be
xden~ified. R~cycling glass, metal, paper, cardboard and
other materials ta ~h~ maximum extent feasible shall be
suggested to residents and business. Adequate space shall
be provided per current City specifications for on-site
trash and recyclable collection/separati~n.
"27. Prior to issuance of a building permit for
any partion of the Project on the ADP Proper~y, other than
the General Market~Grocerg, ADP shall submit an ana~ysis ta
the City's Department of Env~ronm~ntal and Public Works
Management demonstrating that the design of the proposed
structure(s} will result in a 10 p~rcent energy efficiency
increase over the life of the structure(s) above the
requirements of Tit~e 24 0~ the California Building Code, to
the ext~nt such increase can be implemented on a cost-
effectiv~ basis measured o~er the life cpcle of the
structure(s).
20705977--2/1/95
RedLine: fram 1/4/95 -ZS-
"28. Prior to the issuance of any demolition
permit with respect to development on the ADP Property, ADP
shali file a de~o~itions recycling p~an with the City's
Depa~tment of Environmental and Public Works Management.
Frior to the issuance of any building permit with respect to
any struct~re ~n the ADP Property, ADP shall file with the
City's Department of Environmental and Public Warks
Management plans regarding the recycling of construct~an
waste and the use of reeycled and low-impact ma~erials in
building construction. If, on the date such plans are
filed, the City has adopted ordinances requiring the
approval af such plans as conditions to the issuance of
demolition and constructian perm~ts for all construction on
a City-wide basis, which ordinances establish generally
applicabl~ standards, then such plans sha11 be approved in
accordance with such ordinances as a conditian to the
issuance of such permits."
22. Sale and Consumptian of Alcoholic Bevera9es.
{a} On-Sale in Restaurants. The City hereby
agrees that on-site sale and consumption of alcoholic
beverages shall be permitted in up to three restaurants
~ocated in the Project, except those restaurants where
take-out service is primary. Separate conditional use
permits (CUPs) shall be required for all on-site sale and
consumptian of alcoholic beverages, such CIIPs to be issued
or denied pursuant to standards then be~ng applied by the
City with respect to on-site sale and consumption of
alcoho~ic beverages generally except that the City shall not
deny CUPs far up to three outlets an the Real Property on
the basis of th~ concentration of such outlets in the a~ea
in which the Real Property is located. Nothing i~ this
Section ~5(a) shall preclude Property Owner from apply~ng
for conditional use permits for additional outlets sel~ing
alcaholic beverages for consuanption on site and such permit
applications shall be cansidered by the City under the
condition~ generally applicable throughout the City at that
time, including thase relating ta concentration.
(b) Off-Sale in General Market~Grocer~ S~ace.
The City hereby agrees that a separate canditionai use
permit (CUPJ is not required far th~ off-site sale and
consumption af alcoholic beverages in the General
Market/Grocery and ADP agre~s that the aggregate amaunt of
linear shelf space devoted to alcoho~ic bev~rages will not
exceed 950 feet, and that fortified wine wi~l nat be sold
~or off-site cansumpt~on. Nothing in this Section (b) shall
preclude Property Owner from applying for condit~onal use
permits for additional outlets selling alcoholic bev~rages
for consumption off site and such permit applications shall
be considered by the City under the conditions generally
app~icabZe throughout the City at that time; however,
20705977--2/1f95
Redl~.ned fra~ 1/4f95 -2~-
Property Owner shall not be permitted any of such permits as
a matter of right.
(c) Alcoholic Beveraqes Defined. For puxposes of
this Section, the term "alcoholic beverages" shall include,
without ~imitation, beer, wine, malt beverages and distilled
spirits,
(d} Compliance with Other Governmental
Re~uirements. Nothing in this Section shall be deemed to
relieve Praperty Owner fram comp~ying with customary
requireroents imposed by the Police Department of ~he City of
Santa Monica upon locatians where alcoholic beverages are
sald or consumed or fxom obtaining a license fram, and
complying with the requirements of, the California
Department of Alcoho~ic Beverage Control ("ABC").
(e) Confirmation of Re~uired City A~~rovals.
Upon written request of ADP, City shall confirm in writing
with the Caiifornia Department of Alcoholic Bevarage Cantrol
("ABC°~ ~hat ADP has abtained all local appravals necessary
for the sale and consumption of alcoholic beverages as
contemplated in Sectians {a) -(c) herein and that City,
including the Santa Monica Police Depaxtment, has no
objectians to ~he issuance of the necessary ABC licenses for
the sale and consumptian of alcaholic beverages as
contemplated in Sections {a) - (c) herein.
(f) Except as expr~ssly provided ~n this Section,
any sa~e of alcohvlic heverages in the Project is
prohibited.
(g) Section 9(g)(iii) of the Development
Agreement is hereby de~eted.
23. Definitions. The capitalized terms that are used
in this Second Amendment that are specifically defined in this
Second Amendment shall be defined as set forth in this Secand
Amendment. Capitalized terms tha~ are used hut not defined in
this Second Amendment shall be defined in the same manner as they
were def ined in ths Development Agreement. Terms used in this
Secand Amendment which are not defined herein or in tihe
Development Ag~eement, but are defined in the Ci~y's Zoning Cod~
on the date hereaf shall have the meanings given those terms in
such version of the Zoning Code.
24. Status of Devela~ment Agreement. Excep~ as
amended by this Second Amendment, ~he Developmen~ Agreement shall
remain in full farce and effect in accordance with its terms and
conditions. Notwithstand~ng the foregoing, in the event of any
inconsistency between ~his Second Amendment and the ~evelopment
Agreement, ~he app~~cab~e pro~~sions of this Second Amendment
sha11 gavern as ta th~ ADP Property but the applicabie provisions
20705977--2/1/95
Redli~ed fram 1/4/95 - 2 7-
of the Development Agreement without regard ta this Secand
Amendment shall govern as to Lot 7.
25. EffECts of Amendment on Land Use Rec~ulation.
Notwithstanding the provisions of Section 17(a) of the
Development Agre~ment, and as to the ADP Property only, the
following rules, regulations and official pol~cies ("gaverning
provi~ions"} shall apply:
{a) For all uses specifically permitted by the
Original Development Agreement (not including Genera~
Marke~rGrocery), the governing provisions shall be those
rules, regula~ions and official policies go~erning permitted
uses, density of development, design. improvement and
constructian standards and specifications (except for
Technical Cades, as defined below) generally applicable to
the developm~nt of real praperty for such uses in the
Specia}. ~ff~ce District, as defined in the LuC~, ~.n force an
December 16, 1987, except as amended by the Development
Agreement or this Am~ndmen~. Tn addition, the governing
provisions shall include those provisions set farth in
Exhibit F bu~ shall not inc~ude the provisions of Santa
Monica Municipal Cad~ Chapter 7.1b.
(b} Fox~ Multifamily Residential Housing, General
Market~Gracery uses, and other N~ighborhood Commercial IIses,
ADP shall not be required to comply with the standards set
forth in the C5 Special Office District provzsians of the
Zoning Ordinance, or ~he "Project Des~gn and Development
Sta~dards" section of the Zoning Ord~.nanca, but shal~ comply
with those standards set forth in the Development Agreemen~
and this Amendment, and with the provisions set €orth in
Exhibit F. Except with respect to Techn~cal Codes (as
defined below), ADP shall comply with all other governing
provisions generally applicable to the development of real.
prop~rty for such uses {including~ WithoL~~ lima.tation, the
payment of feesJ in effect on the date of ~his Second
Amendment except as specifically amended by the Development
Agreement or this Airiendnient .
(c) Notwithstanding the above, all new
canstruction on the ADP Praperty shall be in compliance with
the provisions o~ Santa Manica Municipal Code Chap~ers 7.10
and 8.04 and any other construction-related technical codes
adopted by the City and generally apg~icable to s.imi~.ar
projects developed in the City ("Technical Codes") which are
~n effect at the time of issuance of the building permit for
such new constructian.
26. Recordinc~ of Second Amendment. The parties hereto
shall cause this Second Amendment to be recorded in the Official
Reco~ds of the Co~nty of Las Angeles. The cost, if any, of
recQrding this Second Amendment shall be borne by ADP.
20705977--2/1/95
Redli~ed from 1/4/95 ~2$--
27. Severabili~~ and Invaliditx of Particular
Pravis~ons. If any term or provision of this Second Amend.ment or
the applicat~on thereof to any person or circumstances ~hali, to
any extent, b~ invalid or unenforceable, the remainder af this
Second Am~ndment, 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 therebg, and each
other term and provision of this Second Amendment shall be valid
and enforced to the fullest extent perm~tted 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 corporation
By:
John Jali~i
Its City Manager
A~TEST:
City C~erk
APPROVED AS TO FORM:
Marsha Janes Moutrie
City Attorney
ARBORETUM DEVELQPM~NT PARTNERS, LTD.
a California limzted partnership
By: Arboretum General Partners,
Its General Partner
By: TransAction Financial Carp.
a California Corporation,
Its General Partner
By:
Robert H. Bisna,
Chairman and CEO
By: Swire Properties, Inc.
a Califarnia Corporation,
Its General Partner
By:
Stephen H. Swire, President
The foregoing Amendment Number Two to Development Agreement
is hereby cons~n~ed to by the undersigned.
20705977--2/1/95
Redli_ ed from 1/4!95 -Z g-
Dated: , 1995
SANTA M~NICA NUMBER SEVEN ASSOCIATES,
L.P., a Delaware limited partnership
By: Colorado P~ace Phase iII, L.P,, a
California limit~d partn~rship,
General Partner
By: Colorado Place Phase II~, Inc.,
a California corporation,
General Partner
By:
Name:
Its:
20705977--2/1/95
$edZ~ced from 1~4~45 - 3 O -
EXHiBIT A-1
LEGAL DESCRIPTION OF THE ADP PROP~RTY
Pazcel A: Lots 1 through 6 of Tract No. 49694, in the City of
Santa Monica, as per map recarded in Book 1175 Pages 37
to 40 inclusive of Maps in the Official Records af the
County a~ Los Angeles, State of Cali~ornia.
Parcel B: The Lessee's interest only in lease of the real
property below, dated March 12, 1979 between Southern
Pacitic Transportation Company as Lessor and Parker
Manufacturing Company as Lessee (Instrument No. $6-
184890), h~ld by SoPac Proper~ies, Inc., (formerly
known as Anaheim Hills Development Corp.) folldwing
February 11, 19$6 assignment by Parker Manufacturing
Company to Anaheim Hi~ls Development Corp. (Instrument
No. 86-184$90}.
That portian of the right-of-way, 100.0 feet wide of
the Southern Pae~fic Railroad Company in the City of
Santa Monica, CQUnty of Los Angeles, State af
California, as recorded in Book 40, Fage 282 of deeds
in the Office of the Caunty Recorder of said county,
described as fallows:
Eeginning at the intersection ot the curved
northwesteriy line of said right-of-way, 100.0 feet
wide with the curved northwesterly line of the land
described in Parcel 3 af the f~nal order of
Condemnation No. ~96551, filed Ju~y 23, 1945 and
entered July 24, 1945, in judgment Book 1553, Page 27,
Superiar Caurt, records of said State; said last
mentioned curve being concave southeasterly and having
a radius of 905.a0 ~~et; a radial line of said curve to
said intersection bears north 51 degrees, 34 min~tes,
3b second west thence southwssterly and continuing
along said curve 94.25 feet through a central angle of
5 degr~es, 58 minutes, 02 seconds to a point in a
curved line being concentric with and distant
southeasterly 40.00 feet measured radially frQm, said
northwesterly lin~ of said right-af-way, 100.p0 feet
wide; said last described curve being concave
southeast~rly and having a radius of 11,663.40 feet; a
radial line of 5aid curve to said poznt bears narth 29
degrees, 38 minutes, 43 seconds west; thence
southwesterly 636.55 feet along said concentric curve
through a central angle of 3 degrees, 07 minutes, 39
seconds, ta 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 54 and 55
20705977--2/1/95
Redlined from 1/4%95
of Maps, in the ~ffice of the County Recard~r of said
county; thence alang said last descxibed northeasterly
line north 44 degrees, 45 minutes, 25 second west,
4Q.8B feet ta its intersection wi~h said curved
northwesterly line of said right-of-way, ~aa.0 feet
wide; said Iast-mentioned curve being concave
southea~t~rly and having a radius of 11,703.4Q f~et; a
radial line of said curve to said inters~c~ion bears
narth 32 degrees, 48 minutes, 53 s~conds west; thence
nartheasterly 732.79 f~et along said curve, through a
c~ntral angle of 3 degrees, 35 minutes, 15 seconds to
th~ point of beginninq.
20705977--2/1/95
$edlined from 1/4/95
EXHIBIT A-2
LEGAL DESCRIPTION OF PROPERTY OWNED BY S.M. NO 7
Lot 7~f Tract No. 49594, in
per map recorded in Boak 1175
Maps in the Official Records
State of California.
the City of Santa Monica, as
Pages 37 to 40 inclusive of
of the County af Los Angeles,
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~CT~L F ~'c
,;AN 0~ '95 ?5 :1 1 31E ~SG2~4S PAuE 002
ExxzsiT c
CHAPTER 9.2$ OF THE SANTA MONICA MUNICIPAL CODE
SEE COPY ATTACH~D
20705977--Z/1/95
Redlined 'rom 1/4/95
9 2~i i3~
greater detail ~Pnor codv § 9Yllr'+., added b4~ Ord No
23J.CGS, adop[ed 10/10,'S0)
9.24.140 New ar rensed elesnents.
In addition to those eiements prevtously sec forth u-
ttus Chapter, the fallowing rsew or revised elements shaZl
be mc[uded ~n the general g~an a land use element, a
c~rculahon element, a housuig element, a conservai~on
ele~nent, an apen sgace element, a se~smic safety element,
a safery element, a no~se element, and a sceruc highway
element, ~ confornvty witti State rec}u~rements. Such a~er
and further elements, or arnendments ta the above elements
may be added or made frosn time ta time, to cornply wsih
State requireraents_ (Pnor code § 941IB, added by Ord
No 231CCS, ad~pted lOr'10/54)
9.241~0 Generat Purposes of the p1an.
In the preparanon of tE~e rnaster plan, tite Cornm~ss~on
shal? make careful aRd comprehensive s~rve}5 and siud~es
ef the exist~ng condEtions and proba6ly future growth of
the municipal,ry and ~ts enhrons The plan s~al] be made
wEth the general purpose o€ guiding and accompLshing
a coerdinated, adausted, and harmonious deF•eEopinent of
the municipality which. in accordance w7th exist-ng artd
#~atu~e r.ezds, w~l `pes[ promote punlic health, safzty, morals,
c.~nven~ence. prospenty, o: the general welfare, as well
as ef~~encti~ and economG• 4n the process of deve[opmeni
{Pror code 5 9412. added ~y Ord tio 231CC5, adopted
~0; IQ:'S0}
9.24 1f0 Adoption of a masfer plan.
Tf~e~ Commisswn may prepare and adapt all ar any part
of the master plan and ma}~ recommend such plaris to the
Cin~ Counc~l for adopuan as officia! plans Before recom-
mend~ng to the City Counc.l any such plan, or any amend-
ment tE~ereto, the Planning Commission shall ho[d at least
one pubhc hearin;, notice of [he time and place oi which
shall ~~ ~ven b~,~ one Q~b[icat~on uz a newspaper of genera's
ci.c~.:lat~an !n tf~e Cit~• an~ bF• s~ch oth~r means as the
Cc~m:ss~or, r.ia~• d~esn necessan• The adoptton of the
plan or anv pan, amendme~t, or addit~on, shalE be b~
resc:ut~an carr:ed by the afcsrmattve 4otes of noc Sess than
a ma~onrq of a~l of the rnembers of the Comm~ss~on The
resnfuuori shalS refer expresssy to the maps, descrip[i~e
matte; and other mat[ers ~ntended by the Camm~ss~on
to fa,n the v~hol~ or part af the pSan and tlne a~tfon taken
shall be reco:~ed on the adop[ed plan or part thereof by
the ~d~nt~fiing s~a~naturs of the secretan• oi the Commssion,
and a capy oi the pfan or part thereof shall be certified
to t'~~ Gt~~ Caunc~l
tJpan rec~~7t of a ce:tified cop.~ of the master p~an,
or a~v ~ar[ thereaf, or amendmen~ ihereto, as adooted
bv th~ Plann~ng Cor-imission, Ihe C~tv Couttci] shalf adopc
s~~'t Ya~ts thereoi as reasor.abl~~ r;a4 be ap~l~e~: to the
der•elc~ment of the Ciri• ~or a reasanable p~:~•od of [ime
ensu,rg Suc,". pa_ts ~hal1 thereupon hz endorsed an~
cer[~fed as eff~ciai olans [h~s a~:opted lor t~e [erriton~
co~~e~ec and her~by ar~ de~larLd to be esta~?~shed to
con~~-~,•e an~ ~~~.mote [h~ p~'71~c healtE;, sa[ety ar,~ ~eneral
~.~~el`a~° B°fcre ,idopt,n~ ~nt~ sLC'~ pla°~ or ~a~'. tl.ereof
or amendment tftereto, the Ciry Counci] shall hold a[ Ieast
onc public heanng thereon, natice af the time and place
of wfuch shalf be publ~shed at least once ~n a newspaper
of general c~rculation in the Ciry at Least ten days before
the day o€ such hcanng No change m or addition to the
master plan or any part thereof, or amendmcnt thereto,
as adopted by t~te Plannu-g Comm~ssian, shall be made
by the City Council m adoptfng the same as an ofFicial
pEan unt~l che sasd proposed cha~ge or addLtton shalE have
been referred to the Plann~ng Commission for a report
therean and an attested capy af s~ch report sha~l haye
been fiEed with the City Counc~l Fa~iure of the Planning
CommLSS~on so to report withi~ forty days, or suc~ langer
penod as may be designated by the City Counc~l, after
suci~ reference, shaf5 be deemed to be apgroval of the
proposed change or add~t~nn (Pnor code § 9413, added
by Ord No 231CCS, adopted i6l101~0}
Ct~apter 9.28
T~iCLLiSIO~lS.RY HOL~SI~G PROGRA.~i
Sect~ans
9 2$ C110 Findtngs and purpose
9.25.020 Deftnitions.
918 03U ~.pplicabiiitr•
9.28 040 Project development requ~rements.
9.Z8 0~0 . dn-s~te and jn-I~eu fee options.
9 28 06(1 On-site inclusjanary ~nit
deF•eiopment reyuirements.
4.28 070 In-l~eu fees far ~nclvsionary
housing.
9 ZS O80 k'ee waivers.
9 28 09{I Density banus and other
incent~t'es.
9 2$ 100 Pncir-g requirements for
snclusianar~~ un~ts.
9 ?$ L1D El~glbil~n• requirements
9 28 1:0 Re3at~on to umts reqesire.d by rent
control b~ard.
9.28 130 Deed restnctyons.
9 28 1~0 ~t•a~labil-ty vf gavernment
Sll~}S1t~1~5.
9 28 I~0 Enforcement.
9:28 16{} Reiauon to units or fees required
pursuant to future ardinances
implemenhng pragram 10 oF the
Gty's Hausing Elernent
~ 2$ 1'0 lnnual re~ort
9 ZS ~IO Findings and pur~oae
The :~~tti~ Counc~l f;r:as anc declares
(a) Th~ Gt}' of 5ar~ca 1~~fonica has a resaonsi~•!it4~ to
address .ne needs ot i,s res~dents and res~dents m the
ree:on, troen all soaal and economic groups, tor cecent,
arfordacie housing, ~ti'~ile at the same ti:-ie r~a~nta~n~ne
an .canDm~callr• sour,C and healthy enti•~ronment
i oj TFe Hcusin~ Element af the General Plan of th~
G,-: ~1 ~; r~~ = P~~an~c.~ ~~c~F~ed nr; Januan~ ?_ :9~3 ~ro~^d-
;.~ °
9 28 Oi0
ed far an u~clusionary hous~ng progzam to address the need
for decent and ai[ordabfe housing in~I'rogram 12
(c) The City Councii properly cans~dered and adopted
the campoRents of an ~ncIusionary housing ~rogram which
wauld ~~plement the goals of Pzagram I2 at its meetuig
on March 10, 1987
(d) Ort 7une 28,1988, the Gty Councal rehsed Prograin
17., adophng Ord~nance I~Fumber IAhB (CtS) to vnplement
those re~sions
(e) On May 1, 1990, the City Council adoptad Ordi-
nance Number 1519 (CCS) on an interim bas~s, finding
that the vast ma~onry of new housing un~ts bemg can-
structed u1 the Ciry of Santa MQnica were not affardabie
to persons af loK~, moderate, or middfe income, that the
current mciusionary requirements placed on ne~v housing
de~e}op~nent wera inadequate ta a11ow the City ot Santa
Momca ta prov~ee su€~cient numbers of new haus~e uruts
to persons of Iow, moderatz, or m~ddle uicome, that the
current per square foot in-lieL fee was inadequat~ Eo allow
the CiR~ oi Santa Nion~ea to provide the n~mber of u~Ets
wh~ch would be pro~nded if the iRClasionary requ~rements
an new hpusmg development were rne[ by prov~s~on af
on-sue housEng uruts, and that it was necessazy to 2r-iend
the u~c[uslonary program on an uitenm t~ss~s to a[laN~ com-
pleaon of studies to decerniu~z ~he most appropnate on-sice
and ~n-Leu fee reau~remenu
(~ On l~o~~emeer b, 19~~, the voters of the Ci~ of
Santa 'viomca a~~roved Proposition R, adding Section
63Q to the Cit~ Cnarter to read as follaws
The Ciry Council by Ordinance shali at all t~mes
requ~re that no[ less ihart thErty perC2nt (30"~e~ ~f a[I
mult~family-re~idential housing newly~ canstruc~ed in
the Ciry on an ann;.~a! basis -s permanently affor~able
to and occup_ec ~y~ 1~h° and mocierace in~ome
ha~seho~ds Fer GF.;rposes ci th:s 5ecron, "low ~n~omz
househofd" rr,~ans a hc~l=e~otd wit7 an inco~e ~ot
exce~din~ sixn~ per:,ent (6i1ic) ot the I.os ~.r~wl~
County mec~a~ :r.c~me. ~c~u~t~d by family s~.~. as
~u~lished frem ~~me to *~:.~z ~y ~h~ Un;ted 5~ates
Department oi rIous•ng arc lir;~an ~evelopmert ~nd
~ moderate i~came nouseho u'' means a;auseho:4 wlth
an incame ~at e~ceed,ngas~z hundree percenc (i~~~! c}
of t7e J,os Angele; Caunt~ median ~ncome, ac-~sted
b~~ [am~ly s:ze, as a:~bE~she:; from nme to ume h~ :he
L'nited States DePartment af ~-lous~ng and lirezr De-
ti~e~opmen: At ;eas, ~ftp pe-cen; (50 ~~) of the r~;;~lt
constructed un•ts rec~:red to oe perma~ently af~oY~:,Sf~
o~~ [h~s Secron ~::a~l ~e atforcable to and occu^~e~ b~~
lou~ ~ncc~me hc~se~sa[ds
i~.- On ~ece-; be- ~9. 14~!;. the Citr~ oi Santa 1t~~r~ca
a~:~l~sitz:~ not:ce ti~a~ on 1an~arv 4, ? 941, the C~[v C~~~ncil
tiw~o~.:Sd conssder •ss•1zs -~tatinK to tf~e :m~~4ment~. ~n ot
Prapa~it~on EZ ~ncl:;~in~ ~r~he:7°r !he tlurt~• ?ercent req~ire-
ment oi Proposit~on R cou~a ~e r~et on-stte or e`- s~te,
w•he€h~r an in-iie~ t"ze w•ould be perrn~t.zd, and w~e,~er
the 'hirrF pzrcer~t reaU~reme-; ~~ad to ~e ~ret on a a-e~ect
~~ti~ prc:~ect basis 7~~c r,ot~c4 aiso p~c.•czd that :: ',ie
1an~~^~~.1J~1rr°et~~~~ l~eG : i:c,. .~~I'~~ui~ldC^r, 1v
duccting staff ta prepare an ord~ar~ce to unpiement
Proposrtzon R
(h) C~ty Staff prepared a staff report for the January
8, 1491, Crty CaunciI tneeting adent~ng the issues that
had to be addressed as part af the imglementattan af
Proposihon R, suggesting a process for obtammg gubhc
input, presenting City Staff's resolution of ~ssues ra-sed
by Propos~t~on R's ~mplementatian, anc~ recommending
[hat staff be dirzcted to prepare an ord~nance ~rnplementuig
Proposition R.
(~) At its January 8, 149Z meet~ng, thc City Counct]
directed staff to prepare an ordinance ~mpiementing
Propasition R and to return the ordinance to the Clty
Council on February 26, 1991
U} The 5anta Momca Planning Commzssion, as well
as othet groups yn the comrnunity, bei3eved the sc~edule
for the return of the ard~nance did not provide opportun~-
tfes for adequate revtew of vanous alternatrve strate~ies
`or ~mplementing Proposisson R
{ie) At its meeting on February 19, 1491, the C~ty
Counci! decided to recons~der whether an ord~nance should
~~e grepared, and scheduled for its next regular meeting
a general discussion of imp[ernentinQ strate~ies
{l) On March 5, 1991, the Gtv Coanc~! duec[ed t~e
Ciry Attomey ta prepare an orduiance oroiub~t~ng the ~no
ei appl-cat~ons for market-rate resident~af ho~smQ until
s;:ch t-me as the C~ty Council adopted an ordinance ~mpte-
menting Propos~t~ort R excepttng from tf~e proh~b~t~on an~
pro~ect ~n which thirtv percent of the un~ts constructed
cn-site are avaifable to ]ow and moderate ~ncome persons
as provided for in Propos~t~on R
(m} On ~iarch 26, 1991, Ordinartce Number 15i"
(CCS) was adopted unpos-ng restncaons an new multuamfly
7ousing to ensure comptiance with Prooos~tion R T3~is
~rd~ance ~°as due to exptre an September 25. ]991
f n) On -~pril 3,1991, the P;anninp C~mr:~:ssion reslewed
~z outEuie cz~:zloped bv staff on the .ssues an~ inforr.:aron
•rat wou~d ve aresented as part o.` the anah~s•s on .h~
~iternatx~°e ;mpiementation strategies
(o) Or. September 10, 1991, the C~r~ Counc~l ado~rec
O~dinance ~umber i~99 {CCS) exten~•n~ tre restr~ct~ons
~n new mu~t~iamily hous~ng to ens~re comp[iance w~th
P-opositsor• ft. pendiog [he issuance af a staff repoft or
~ nroposed impiementat~on strate~ under Proposit~on
~, ~o allo~~ c~5i~c re~7e~~ and comment on the sraff report,
~-~d to allow t~rne for public heanngs befor~ the Plannis~g
~ omrniss~or; and City Council This ar~inance was due
•~ expire on January t0, 1992
(p} On Sep[ember 1Q t99f, a repor' +ti•as issLed ; y C;n~
;ta[f on the Propos~~ Impler:~en[at~on S:rate~~; L'r~~~:
;~oQosiuon R," incarparate~ mto a Su;nman~ ReQor[ an~
~'echnica~ ~e~ort on Pro~osition R
(q) Or. Octaoer 16 and Dctobe- ~5. :491, the Pla~n,ng
~nrn-ntssion ~onriucte~ a pubhc hearin~ on the proo~sed
~m,lementaeon s[ratem•, an~ fo-r:~ula[ed a recommenuaron
-c the C~t~ Caunc~l The Planning Co~m~ss~on req~esced
a n~,•o ar[hree month ertens~on of the eY~st~n~ maratorium
~r~~nance on ;-~uit,farriilr ~es~denral desel~~~ent ~c a~lo~~
~- [urther ~.:biiC reviP•,~, ~r•d Pl~nn~r_ Cor~mi~s•o~ :•~r•si~
;-3t,an
928010
(r) On i~o~ember 19, I991 the City Council conducted
a public heanng on the staff proposal, and requested ihat
staff examine addit~onal mode~s and provide adc~itional
information to thc Ciry Counc~l
(s} On Nove~ber 2b,1991, the City C,ounc~I adopted
Ordinance hTumber 1609 (CCS) to ensure that the Ciry
af Santa Mozuca would comply vv~th Propositton R whde
furtherstudyuig approaches for iong-ternz implementation
af the rr~easure The ordusance was due to expire on April
iQ, I992.
{t} On December 3, 199i, the City Counc~l d~rected
the C~ty Attorney to prepare an ord~na,~ce implementing
Proposition R wtuch ual~ed an ap~roach requuing the
pro~sion of on-site mclusionary units in certain circum-
stances, and allowuig the payment of an in-heu fee in other
c~rcunastances, as set farth below T1ie followuig ordutance
is necessary ta enable the City to meet the requiremenfs
of Praposition R
(u) Accorc~Eng m the i980 Census, 42 8°ln of atl Santa
h4omca res~denis are of low or maderace mcome Approxi-
rnateiy eight thousand fi~e hundred res~dents live below
the povem• l~ne
{v) The homeless populabo~ in the Santa Moruca area
~s estunated ~o be betvt~een three thausand and five tnou-
sand persons
(w) Approximatety t~~elve thousand five hundred sixry-
ttve lower income households are panng ~nore than one-
th:rd of [heu income for housmg Over three-quarters of
these are renters ~Vhen the cost of houstng exceeds thtrty
percent, it becomes a burden, reducu~g tf~e money available
for other necessary expenses
(x) Approlcunatelq two thousand four hundred house-
hoEds fn che Ciry ]n~e ui hous~ng that ~s o~ercrowded.
(y) The average sales pnce of a ~wo-bedroa~,
s~ngle-family house in I990 was fve hundred hvenry-ft-+e
thousand three hundred fif[r dol~ars and a two-bedroom
condomiruum a~~eraged three hundred fifty-ane thousand
one hundred ~i~h[ dollars The tugh cost of for-sale housmg
tndicaizs that there are no ogportun~ties for Eower-iacome
o: moderate-income househo[ds to own ho~tees in Santa
h'Ian~ca wlthout ass~s~ance
{r) pver twenry percent of Santa h4oruca's households
are l~eaded by seruor c~c~zens Approximate~y sixty-fve
percent of th~ senEOr c~t~zen households are renters In
1980, senior [am~lies represented twenty percent of the
famtl~es w7th incom~s belativ tf~e povertv lere] and sucteen
percent of Ehe single-person househ~ids Irving ~n poverty
in tE~e Ci~
{aa) The~e is essentiall4• no ~acant res~dent~al land in
San[a i~loni:.a Nea~ construction must occur on rect+cled
~arcels or on mardnal car;trrterciaE or ~ndwtnaf [and ~'Uf~en
parcels are ; e~~c[ed w•h~ch pre~~fously contatned affordable
hous~ng, there is often a net loss in tl~e total nurnber of
afforda~le ho~s~ng umu pro~-ded, evea with an inclusEOnary
houssng reaLirement
(bb} There is ~nadequate [ederal and state support
for programs to assFSt the Cin~ in meetin~ its affordable
hous~n~ rieecs {Pno: cade ~ 94^0, amended bY Ord Na
1519CCS, adop:ed 5-1:9i~, Or~ \0 761~CCS § 1, adopted
~:~~:g~}
9.2$ 020 De~mtions.
The following words or phrases as used m this Chapter
sha.~l have the following meanings:
Developed Use. A use of laad which includes cither
res~deni~al or comsnercial structures.
Dwelling Unit Qne or more rooms, designed, occupied,
or intended for occupaney as separate living c{uarters, with
full coolung, sleeping, and bathroom facilrtics for the
e~usNe use of a smgle household. Dwell~ng unit shall
alsa mclude smgle rooar occupancy wut
HUD. Tha United States Departmant of Housing and
Urban Development or its successor.
Tnclusionary Uni~. A renta! or ownership dwelling u~it
as req~ured by tlus Chapter which ~s affordab~e by a house-
hald with low or maderate xncame.
Incame Etigib~Lt3~. Thc gross annual household mcome
considenng househald sue and number of dependents,
income of aIl aa~e earners, eIderly or d~sabied family
metnbers, and all other saurces of household income.
In-Lieu Fee. A fee paid to the City by a deveioper
sub~ect ta this Chapter ~n iieu of pro~ndmg the rec~uired
mclusionary umu.
hiarl~et ~tate [iniL A dwellu~g urut as to wluch the rental
rate or sales pnce ~s not restncted by this C~apter
hiaacsmum Allowable RenG A monthly housing charge
wh~ch does not exceed thuty percent of the Los Angeles
County low xncorne (in the case of a law tncome umt) ar
med~an incame (ui the case of a moderate ~ncome unit},
ad~usted for houseE~old s~ze, as publ~shed from t~me to tune
by thc Umted 5tates Departnent of Housmg and Urban
Dcve[opment Tfvs charge shali represent full cons~derauon
for housing seav~ces and amenities as pro~~ded to market
rate dwelluig umts m the pra~ect, whether or not occupanu
of market rate dwefling umts pay separate charges for snch
serv~ces and ameruues. Housu~-g sernces and common area
amerut-es incEude, bat are no~ 1imEted to, the foElow~ng
parkmg, use af cosmnon facilities mcluding pools or healEh
spas, and utilitces u tt~e ~ro~~ct s rnaster-metered :~;ot~nth-
standutg the foregou'~e, ut,lat~~ cf~arges fo~ use af natural
gas and e[ectncicy, to the extent ~ndiv~duallv mecered for
each unit in the p-o;eet. raa}~ be passed throu~h or billed
duecdy [o the occ,~pants of ~ne?ustonan uni[s m the pro~ect
m addrtion ta maxunurn aEEowable rents colfzcted for those
mclusionarv units
`~Nioderate" and "I.aw" Income Le~els. Determined
penodicallv by the C.ty based on tf~e United States De-
partment of Hous~nb and Urban Develo~r;ient {HUD)
estimate of inedian inoome ~n the L,os Angelzs-Long Beach
Pr~mary b4etropolitan StaGst~cal rUea The two major
income categories a-e ' moderate ~ncor-i~" (SExty-one
percent to one h;.~nd~ee ~e:cent of the area r~ed~an) and
"low income" (s:x:~~ pe:cenc o: ]ess ot the area median)
Further ad~ustrnen[ s'~a:l be raade b}' ho;ssehold s~ze as
establishzd by the C~n~ The Ptann~n~ Department shail
rnake avaiiable a I~si o~ mode:ate and low ~ncome levels
as au~usted, whic~ lis. shali be updated per~adically by the
Gt;~ anc Cled wuh che Citt' Clerk
1~ta[tifa~~lv Distn~t ~nv zoning distnc[ ~n wh~ch muE:t-
famih~ ~welling ~;~~[~ are 2 p~'~:t~[Ted use
~4=
9 28 02Q
Project A residential deve[opment or land subdtvision
pcoposal for wh~ct- C~iy p~rm~ts and appro~als are sought
(Pnor cade § 942~, amended by Ord. No 1519CCS, adopt-
ed 5/1l4Q Qrd Na 1615CCS ~ 1, adopted 3~3/92}
9.2$.030 Applicabiiity.
{a} An mclusionary requ~rement shall appIy tfl all
pra~ects forwhich a developmen[ application was deemed
complete after February 11,1992, involving new construc-
taon of two or mnre resident~al market zate dweIling untts
or eondomirucun or cooperab~e convers~oa af Ewa or rnore
dwelling units, or ~nvolvuig new cpnstruction of a su~gle-
fama4y home when it ~s replaang more than one dwelling
urut in a mulhfam~ty distnct An uiclvsionary umt requ~re-
~nent shal~ not, however, apply to tenant participat~ng
con~ersions governed by the provisions of thc Tenant
Ownership Rights Char#er Amendment, Amcle XX of
the Santa Monica City Chart~.r
(b) A pro~ect not subJect to t[~~s Chapter pursuant to
subdiv~s~on (a) of thu Section shall be sub~ect to the
prov~s~aris of this Chapter as t~e}~ easisted on tf~e date the
application for the pro~ect was deemed complete, except
that with res~ect to any pro~ect for wh~ch an agplication
has been filed but not approved at the tune ttus Ghapter
becornes effectrve, the applicant can elect to have the
provis~ons of this Chapter apply [o the pro~ect (Pnor code
§ 9422, amended by Ord ho 1532CCS, adopted 7r'2"90,
Ord No 1615CCS § 1, aaopted 3/3/92)
q~urements of 9 i$ 070, ~f both of the foliowu~g circumstanc-
es app4y.
(1) The proaect is not on a site as descnbed xn subdi-
~iswn (a}(1) of ttus Sechon
{2) The project invoives thc constrUCtion of less than
twenty market rate dweiltng units, excluding any density
bonus units to which an applicant ~s entitled under Go~-
ernment Code Sect~on 65915
(c) Whene~er incIusionary umts are ~rohded on-s-te,
such units must camply vnth the raqu~rements af Section
9 28 06Q.
(d) Whenever the payment of an in-l~eu fee ~s allowed
by this Chapter, such payment mnst comply wrth tl~e
requirernents of Section 9.28 070
(e) At the tune of filing an agpl~cation ~rnth the Ciry's
P9anrvng Departinent for permission to develop mult~fam~ly
market rate dwelEing unics, the de~eloper shaEI s~ecify the
number, type, loeat~on, s~ze and canstructian schedule of
a[1 dwelIEng un~ts proposed to be de~eloped and shall
~n~~cate which ot the dweliEng units, ~f any, are intended
to satisfy the Snclusianaty hous5n~ requ~rements af thss
Chapter
{f} Once the developer of a pro~ect has elected to sai~sf}'
the requ~rements of thfs Chapter ~hrough the provis.on
of inclusionary uruts on-site, or through the pay~nent of
an in-Iieu fee, such option ~s determinati~e for the life of
the pra~ect (Pnor code § 942~, amended bv Ord No
1519CCS, adopted 5/1/90. Ord No loiSCCS § 1, adop:ed
3,`3'92)
9.28 040 Pra~ect development requirements
(a} Th~,s Chapter requ~res that nnt kess than thuh;
percent of the tot2] number of new dwelling units to be
constructed En any pro~ect developed by an appl~can[ a[
one location, designed for perr~anen[ occup3rt~y, exclue:ng
any density banus umts to wfLeh~ an applicant is en~~tled
under Grnernment Code Secaoa 55915, shall be affa.dab[e
to households of [eH~-~ncaraz o: r-ioderate-income ~P~~or
code § 9423, amer,ued by Oru '+!~ 1519CCS, adoat~d
5'1i90, Ord No 1515CCS § 1. ac~pted ~~1~92)
9.28 054 On•s~te and in-lieu fee opt~ons
(a} The requirements of Sect,on 9 28 0»0 shall be met
by providing on-site uiclus~onarr units meeting the reqa~e-
rnents of Sect~on 9=8 Qb~~ ~n e;th°r of the followzng cir;.°um-
stances
{1) The pro~ec[ is on a s~te ,o; which na Cate~on~ C
:emova] perm~t wa, issued pr;or to Fe6n:an~ I8, 199~ (or
was Essued a€ter Fec:uary 13, 1992, ~ut apnl~ed far pr~~r
to Febr.,ary 18, d492}, and wh~ch the de~~eloped use or~
Februan~ 18, 1992, ~.vas mult~fa: ~ily housir~ and at ]east
one dv~~efling sn,t w•~s rentzd at ieveis affor~ab3e to ho~s~-
holds o€ rnoderate ~ncorZe !e~el~ ~r if ~~acan: on Febr:.ian~
18, 1992, when la;t -en~ed
(~? The pro~ea im~ol4es tne construct,en of twent~• o:
more rnarket rate dw~eflinQ un;ts, e.xcluding any dens~nr
bonus units to which an appiicant Fs enUt!ed under Gov-
~rnment Coc~ Sect~on 6~91~
(b} The ; equirer~en[s of Sec~~on 9=S 0~0 shall be ne[
~1~t1zL L'.t nr0~5~1ri~ O:-5'[2~ y[:C;u~`O7'13`"V ll~l'S C'ECei71a i~e
r~qG;rements af Se_ ~~n ? ~~ C~s~ o~ ~v 5~~s~t~~n,'ne „-
9.28 060 On-site inclusianary unii
development requirements
(a) In determ~n~ng the numbe: of rnc[us~onary units
requireti when on-s~te un~ts are p:ovided, am~ dec:ma]
fractron of Q ~ or more shall be rounded ilp to the nea-esE
w~hole number
(b} Inclus~ona,~~ uniu snall, ~i~her,4~•er reasanaoiy ~ess--
a;e, be evenly d~s[nbutec: througho~t the pro~ect ahe
applicant may recuce e~t?~er the s~ze or ~ntenor amen~ t+°s
o: [he tnciusyona:; ur~~ts as Song as th~;e are not s:gn.E}cant
~dentifiab[e differences b~tween ~nclus~anan~ and raafket
ra[e dwellmg unit5 ~~tsible :rom the ex.enor of the dwelling
Lnus a~d the s~ze and design of the ~wel]~ng units are
reasanably cons~stent w•ith the ma~ket rate un~[s kn the
pro1ect, pro~ded that all ~well~ng ~nits conform ta the
reGU~rements af [t~~ applica~Ee Bu:ld.: a and Housing Co~es
Inclusio~ary ~n~ts prov~ded ~hall have at least t~;e same
nsmt~er of bedrooms ac the a~~era_e ~wel:ing unii i1 th~
ero~ect and ~f th~ floor a~ea at the ~nc~ns~onan+ nmts is
not the same as the f1oa: a~ea oF the marke, rate dwel'ing
urits at the peo~ect, eaeh ~~; the IPiiL'S~ona-~~ an ts ~',a1`
saus;v the foliou~in~ mi,~i--i~~r~ .o~al rloor are1. ce~e~d~r•~
Lpon the num~er of be~rocros nr~ ~•cc~
0 Bed:oon ;1~] Sc~~re Feet
1 Bedre~om cii;~J Sq:~a_e Faet
2 Se~r~o~s ~ ~;? Sq~:,rc E'eet
~ Becro~ms 'OSQ .j,Z~ ~re Fee'
4 Bec•~e: :r~ l ~~ti? C~~ ~re Fee[
1Y~
9 :8 Ob~
(c) AIE inclusionary un~ts m a pro~ect or a phase of
a pro}ect sf~all be canstcucted cuncurrently vnth the con-
strucUOn of market rate dvs~eliing u~rts in the pr~oJect or
phase ofthat projecG
(d) On-site inclusaonary umts must be rental un~ts ~n
rental proJects. In owncrship prolects, inclus~onary umts
rnay be eit~er renial units or ovs~nership umts. Ownership
un~ts sha~! compty wi#h requuements conccrning sales pnce,
monthly payment, lunited equiry, and resale restnctions
establ~shed by resolut~on of the G~ty Council to ensure
that subsequent pua~ct~ase~s are aLsa inoome~ual~ed house-
holds
(e} If onty one irtclusianary umt ~s required, such unit
must be affordable to low income households The second
-ncEas~anary nrut pmvided may be affordablc ta moderate
income households, and aiternating thereafter
(~ Whenever inclusiortary umts are requirec! by ttus
C~apter, tftie requlrement may be satisfied at the develope~s
d:s~: etion by providmg one hundred percent of the umts
m the Qto~ect affordable to moderate uicorae households,
prov~ded that aIi such un~ts meet the requ~rements of
subsect~ons (b) and (d} of th~s Section, and Secuons
9: 8 IC~J, 9 28110 and 9 28 Z30 (Pnor code § 9425, added
by Ord tio 144£CCS, adopted 612$/88, amended by Ord
tio I615CCS § 1, adopted 313192)
9?$ 430 In-lieu fees for inc~usiflnary
housing.
(a) Whenever this Chapter allows the payTnent of an
in-l~eu fee, the required mclusionary un~t number sE~all
be determ-ned as follows I~'umt~er of untts ~n the pro~ect
(excle~d~ng densi[y banus units) x 3~% = required
~nclusionary urut number TE-e first inclustonary ur~t re-
qwred shall be afforc3able to low uioome households, and
the second co maderate mcome hoaseholds Additiona~
u~clas~onary umts sha11 alternate between !ow and snoderate
income units An~ fract~on of a unit required shal! not
be cor~sidered e~ther a!ow or moderate income un~t
An in-l~eu fee ma_y be paid only for ]ow income units
zequuzd, and ar~~~ fracnon of a unit required All raodzrate
incor.le units rec~uired sha11 be provided on-s~[z The fee
shall be de~erm~ned as fol[ows
(1) For any low incame un~t, th~ -n-lieu fee pa~~nent
reQU:r~d shall equaj the ~nclus~anary unit base price, as
esta6l~shed sn s~bd~~ns~on (c} of this sectton
(2) For any fract~on of a unit required, the in-Eieu fee
shall equal the inclus~onan~ un-t base pnce times the
fracuon of a un~t required
(b) Tt3e follotia2ng chart ill~trates the ui-heu Fee payable,
the nur•l~er of on-site incEusionary un~ts required, and
w~he[he~ sueh units must be affordable to low or mac~e:ate
snco~e ievel;, us~ng, for -llustrative purpases oni~~, an
~n:.las•onarF ~n~t base price nf sixty thousanc dollars
tio Units BuFlt ~iaderate Fee
Excluding Dens~ty Inclusionary Units
Bont~s On Site
2 0 S 36,000
3 0 5~,000
4 ~ 72,{]DO
5 0 90,Q00
6 0 108,000
7 Z 66,000
s i sa,ooa
4 1 1D2,40Q
10 1 120,000
(c) For purposes of tlus Secuon, the inc~usionary un~t
base orice shall be establ~shed and ad~usted €rom time to
t~me by resolution of the C~tv Council based upon the cost
to ~he C~tv of substd~sng the co~strucctos- of a new residen-
t~ai urut
(d) Fifty percent of any fee requi,ed pursuant to this
Sect~on shall be pa~d prjor to the issuance of a bwld~ne
perrn~t for the pro~ect The remaining fifn' per~ent shall
be paid ~n fulE before a cert~ticate of occupancc is issued
for any Un~~ in the housEng pro~ect
~e) Any fee requ~red by th~s Sect:on shail be securea
bv exe~:tion of an ~rre~ocable letter of cred~t in favor o~
the Cyry ~r other secur~ty acceptable to t~se City far the
total ar.~ount of the oblfgauon "I'he letter af cred~t or ather
accep:able secun~ shall be de3,vered to the CfR~ pr.a~ .o
tE~e issuance o€ a bnild~ng perr.i~t for the Fous.n~ develon-
rnent The letter of crc~t or otf:er secunn~ shalE be rele: se~'
and returned to tE~e deve[oper immed~atel4 upon pa~~meni
in full of tE~e En-~ieu fee
{~ Any payrnent made pursuant to this Sec[~on ~ha13
be deoosiEed ~n a~teserve Account separate fror-i the
Gene:at Fund to be used on,y for de~e~apsnzs~t of low
3nCCme hpuslfl~
(ry) I[ an ~n-l~eu fez ~s pa:d purseant ta th~s Sect.on,
such pa~-;-~~nt shal] ne[ b~ consi~ered F;a~~ision of
~nc?~s;o~ary units for p::rposes oE aete:sr.•r.n~ «•hzcher
the hossing de~'elopraen: quzl~Ces for a cers:ty ~onus
p~rsua-;[ to GoF•ernment Cade Secuon 6591= {Pno_ cod~
§ 942b. added by Ord :~o 344$CCS, adopted 5'2~'~8,
amended by Ord I~To 1615CC5 § 1, adepted .i'3;`92)
9 28 08~ Fee ++•ai~•ers
Tne Coadom~n~um and Coope:ativ~ Tax descr~~e~ ~n
5ect~en b"`6 O10 of the San[a h4anica'~iur.~~ipal Code and
the Pari, and Recreaticn Fa~~lities Tax zstabl~shecl in
Cha~'e: 6 80 of Artid~ 6 ot the Santa Momca ;~1~r.icipal
C~~~ s1-a'~ be ~~a~ved fer rec~.:irea mcius~cnan~ anc [or
lou• anc +; ~~era[e income dw~eiltng urits de~:~loped ~•~ che
C~t~~ o- ~ts :~~signee us», »-~>e:.i fee funGs Hoti~•ea•er, ~ny'
ce~eloFer v;ho elects [a pay 2n ~n-lieu fee s~all s~ot be
eliaib~e fe; any [ee u•aiver ~n~er this Section (P:~or code
§ 9=3.~.?, a=renden bv Orc I~o 1~19CCS, acopted 5'1~9D,
Ord hc i615CCS § 1, acop;ed 3i?;92)
~•a~
9 2Fs 090
9.28.090 Density bonus and other
incenhves. _
Pro~ects wtuc[~ ~aeet applicab~e reqUtiresnents of 5tate
law as a result of ~nclusionary units are entitled to density
bonuses or other incen#rves in acoordance with the provi-
sians of such Iaw (Pnor code § 9428, amended by Ord
No 1S19CCS, adopted SIZ190, Ord No 161SCC5 § 1,
adopted 3!3l42)
9.28.1.40 Pric~ng requirements for
inclusionary un~ts.
Tfie Ciry Council shall, by resolu~on, on an annual bas~s,
set ma~amum aIlowable rents and maximurrE allawable pur-
chase pnces for mclus~onary uruts, ad}usted by the number
of bedrooins Suef~ maximum ailowabie rents and maxir.~um
ailawable purchase prjces shall be set a[ rates such ~hat
qual~fied occupants for Iow incame units pay no rr-ore than
thirtv percent of the grass monchly household ~ncor~~ for
households earn~ng s~xty percent of the median incor•~e
Qualified occupants ior ~nodzrate income un~ts sha;l ~a~
no mo;e than thurtypercan[ of the gross household ~r.:.or:~e
ior households earning the mec;an Encome (Pner code
§ 9429, amended b~~ Ord No 1~19CC5, adopted ~~~~9~u.
Ord ~(0 1515CCS § 1, a~opte~ 3/3i92}
9.28.Ii0 Eiigibil~tt• requirements.
(a) On3V lav~'--rt~:ne and moaerate-in;~me hou_~°hcl~s
shall be eli~ble ~o accupy ar owr~ and oc.,~upv inclus~cr~r~•
units The City shall deve[ap a l~st of ~ncorx~e-qua,i~~zd
households which ~n-es pnonn~ to persona who ha~e been
e~~cted pursuant to the EILs Act Go~erruner,: Gade S~~on
~060, oersons resydsng in Santa 'Vlonica, and p~.s~ns
~c~or~ng in San#a h4an~ca Developers shal] be re, ~:red
to select househoi~ frpm the CitwadmF~~stered lu~ of
income-auaEified ho~szholds I'ne C~ry shal l~zvelop ac:::~-~-
~strative ~:~delines icr the tenant and purch~ser szl~4 ucn
nrocess, u~hich sha!: -eqssre, a: a minimLm, that z~g7t~:
percent o[ the ~r.c~~~~onary ~~~ts ~n a pro~ect be iu~s~4
and oc::..~pied ~1thi~ s~3-ry days of ~ssuance c[ ~he ce ~:r ~a:~
of occa~anc~• tor th~ p:o~ect, c- sofd and occupie~ •,; iFin
one hundred t~~.•ent~~ davs of Gss~ance of the cerufica;~ o~
occuqancy for the ~ro}ect, and thac anY vaca~~ ;.s ,
~nc?us~onary units s;a,l bz leasee and occupied wittun ' ~~:rr
davs oi vacancv, or ~oid and o~caa~ed w~thin one tiu~:;-~d
[u'enh,' da~'s O< <<aca .cv
[ b j T`he follo~,•~r., :ndiv~dual„ ~u~~ ~irt~ae c•: their po_,n•~r,
or reiat~orsh•F. a-e~•tiel~~ible [~ occuQti• a~ _nclucr:~~~rti
unit
(1) ~~l erzpio`°~es anti ot;~tials ot th~ ~..tY ot ~.:-~'?
h~lonica or its agznc~es, at.ithor,hes, or cor,m~ssaon~ •t!,o
1,.~~•e, b~• the autt~or~t}~ of the~r rosui~n, peEicr-r~~„~~
aUtho;ir,• e: :nt7•~ence a;fecUng Ciry ho~s~ng ~roe-_r-is
iL) The immeciace relati~es, emplo}~ees, ~r c~il~e-
pirsons ~asnsng s;g~t~iti:.arit ecor~~s:~ic bene.~ t fsOn1 a ai--~:,i
C~as~ness assoc~atieZ wi~h publ~c empEo~•ees or ofr= ~is
t3) The ~r.^.m~d ate relativec ~[ ,ne appl•~cant or e;t~e-,
~nc:ud~rg s~oLSe, e<<_Icr~n, pare~~s, grand~a°~nts, brc~~~~e~,
sisiAr, father-ir.-la~.c~, r;~the:-~n-~a~~•_:on-~n-!: °.y, daL~h~e~ ir-
~a~.v, a;ir,[. uncle. ~sec~. ne,^,h~~~•_ s~st:.r-tn-I~~, assd ~.c~'-,e--
;n-~a•, (Pr'cr coc_ Vd~~ ad~~~~ bv Ord tio 1~=L'=~~
adopted 6/~8/88, amended by Ord h`o 1615CCS § 1,
adopted 3i3i92)
9.28.124 Relation to units reqvired by rent
Cvntroi board.
Low-u~come and moderate-uicome dwelLng uruts devel-
oped as part of a rnarket rate pro~ect, pursuant to rep[ace-
ment requuemen#s of the Santa Mon~ca Rent Control
Board, shal] count towards the sahsfaction of tlus Chap[er
~f t1~ey otherwzse meet appl~cable requirements for this
Chapter mcluduzg, but not lun~ted Eo, the income el~pbihty
requuements of the Chapter, deed restnctlon requ~rernents,
and pncing requuements New inclus~onary units requue~
bv the Aent Cantrol Board wluch meet the standards of
tit~s Chapter s4~ail cous-t tawards the sattsfaction of th-s
Chapter (Pnor code § 9431, added by Ord No 1448CCS,
adopted b,~28188, amended by Ord No 1bl5CCS § 1,
adapted 3 ~:92)
4.25 I30 Qeed rests~ctions
Pnor to ~ssuance of a building qermu For a~:o~ect
s~bJect to the reqe~irer:rents set forth in thcs Cha~ter. ~he
apal~cant sn~lf subm~t dezd restna~ons o~ other leF2i
~r,struments sett~ng forth the obiigation of the ap~[icant
~nder tt~is Chavter fo: Ctry reFnew and aogroval 5:~ch
restnc[ians shall be effectn•e for the Lf~t~me o[ the pro~ect
(Pnor code ~ 9432, ao~ed Lv Or~ tio 14-8CCS, adopc~d
6~2$~~3, amen~ed bv Ord No 16'~CCS § i, adopted
•'}~92) ~
9 28 140 Availabil-ty of ga~ernment
subsid~es.
Et ~s the intent of this Cf~ap[er [hat the requirenent;
for the ~ndas~anary urrts shall not ~e~end upon the avai]-
~~•litv of Federa! or Sia[e housin~ sn~~~~a~es This Sect~on
does not, ho+~eve-, preclude [re use of sLCn ~rograms o-
~sbs=dses (P-sor code ~ 9-3;. added h~ Or~ ~:a ltil`~C~s.
~~epted ~il:~~. amended b}' Ord tio 1F_,,.<CCS § i_ a~~Ft-
e~ ~ `3'921
9 28 1~0 Enforcement
\a bu{ld°n~?er[~~t or o~capar~c~~ ~e-irtt;ha~] be Sss~sed.
ner any des•el~~ment aa~roval granted. tor a pro~ect w•7ic5
~~ net exemp: and does not meet the r;.qui;e .ient o[ this
~hap.er ~!I i~~lus~onary unE[s shall ~z rented e: o~}'~~e
~r a;co:dance ~.~~un this Chap[er (Pr.o'ced~ § 9a~4. a4;:ed
~~ O*d Itio i51~CC5 § l, a.a.c~~te4 ~'3:9~)
9?S 166 Relat-an tn un3i~ or fees requ-red
pursuant to fut~re ordmances
irnp[ementing program 1~ of tl:e
Gtr's Hous~ng Element
Law-ince~~ or mo:;e;a[e-inCOrte d~~~e11:n; units ce^-
~-.:;.t~d to ri::et t4:e :~t31:sS~:tl~flt5 Of 1~7Y5 C'slapter. or i:~-I~~u
f:e; paici to r-~eet the re~;u~rements ar ~~-is C;ia~te.. shal~
be ~:edited ~oti;~.d requ~rements Fo; c~n-s~te replac~*-~ent
~ri's or izes ~equired p~~;suant to a~~ c-~~r,anc~ ifn~le-
nerrng Pro~ra~; 1G oi t~~ C~t~'s HoUS,r,=• ~le~~e.n[ i Pn~~r
c~~~e 5 4~~.~~. _~~ec~ ~~~ Ord i~;c. '61~CC~ ~~. ac~~tev
^i .
-~~
EXHIBIT ^
LANDSCAPING STANDARDS FOR OLYMPIC~CLOVERFIELD GATEWAY
IF GENERAL MARKET~GROCERY DEVELOPED
If the ADP Property is developed to include a
General/Market G~acery in the area adjacent to the intersection
of Cloverfield Boulevard and ~lympic Baulevard, the requirements
for the "Olympic/Cloverfield Gateway" open space sha~l be
satisfied by landscaping meating the following standards:
1. There shall be a landscaped area at l~ast 20-
f~Et wid~ provided and mainta~ned between the edge of the
public rights-of-way for Clover€ield Boulevard and Olympic
Boulevard and the edge af the parking facilities developed
to serve the General Market~Grocery, except for those areas
cantaining driveways or other access. (To the extent that
right-turn packets are ~equired by the City Parking and
Traffic Engineer, the width of such strip may be less than
20 feet adjacent to such pockets.) Such landscaping 5ha11
be in accordance with the provisions of Santa Monica
Municipal Code Sections 9.04.~0.04.~00 and 9.04.10.04.110
and in compliance with the requirements of the Architectural
Review Saard.
2. At ~he interior edge of such 20-foot wide
strip, a formed natural concrete wall shall be provided and
maintained on top of such surface, wh~ch wall will have a
height of no~ less than 3 feet above average grade. {Such
wall shall comply with the requirements set forth ~n Section
9.04.10.04.U80(a) of the Santa Monica Municipal Cod~.)
3. A m~nimum of 15~ of ~he total
exterior af such surface paved area that
accomadatES vehicuZar traffic including the
surface parking lot, accessways and driveways
(including ramps to such surface parking lot
and including a portian af the landscap~ng
adjacent ta and surrounding ~he paved area).
loading areas, service areas and parking
stalls shail be devoted to landscaped
~slands, peninsulas or medians distributed
throughout the paved area.
4. A level landscaped strip shall be pronided
and maintained between the surface parking area and the
pubiic right-of-way, except in a required driveway or other
access area, that is not less than three feet in w~dth
measured from the property line adjacent to the public
right-of-way. Within this three foot wid~ area, ADP shall
provide and maintain permanent, opaque landscaping at a
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height of not less than three feet above the adjacent
sidewalk level.
5. There shall be at least 25,000 square feet of
landscaped area in the general vicinity of the intersectian
of Cloverfield and Olympic Boulevards, a portion of which
may be contained on downward sloping areas adjacent ~o an
underground parking a~ea.
6. A minimum of one tree for each 1,200 square
feet af paved area that accomodates vehicular traffic shall
be provided and maintained with the type of tree to be
selected ~aking into account the fact that the surface of
such parking lot is over anothe~ level of parking.
7. Lighting shall be provided and maintained in
aecordance with Section 9.04.10.02.270 of the 5anta Monica
Municipal Code.
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FXHTA7T F
CERTAIN PROCEDURES RELATING TO AMENDMENTS
The following procedures are to be fallowed in the
event any further amendment is proposed to the Development
Agreement which requires the consent of ~he 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 partion of the Rea1 Property
proposing such an amendment (the "Proposing Owner") shall,
concurrently with its submission of the first draft of such
amendment, certify to the City tha~ i~ 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 deiiver a copy of
each draft version of th~ proposed amendment to the Owner of
Lot 7 within five (5) days after submission of such draft to
the City and shall cert~fy to the City the date upon which
such draft was delivered to the Qwner of Lat 7.
3. I~ the Owner of Lot 7 fails to give the City
an "~ffective Objection Notice," as defined below, th~n the
Owner of Lot 7 will be deemed to have agreed that such draft
version of the proposed amendment will no~ have a mater~al
adverse effect on the economic value of Lot 7 and the City
wi~l continue ta process the proposed amendment. An
"Effective Objection Notic~" means a written notice
delivered to the City within f~fteen (15} daps of the
delivery af such draft to the Qwner of Lot 7 by the
Propasing Owner under paragraph 2 above and setting forth
the Qwner of Lot 7's reasons far its conclusion that such an
eff~ct will result from such amendment.
4. If the Owner of Lot 7 gives the City an
Effective Qbjection Notice, the Proposing Owner shali give
the City {a) copies of any response it may make to the
reasons set forth th~rein 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 ei~her the Owner of Lot 7 or th~ Proposing ~wner may
give to the ather calling for binding arbitration of the
issue as to whether such amendment will have a material
adverse effect on the economic value ~f Lot 7.
5. If ei~her {a) the 4wner of Lot 7 or the
Proposing Owner chooses to submit the issu~ of whether the
proposed amendment wi11 have a material adverse effect an
the economic value of Lot 7 to binding arbitration and the
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arbitrators determine that no such effect will accur or {b)
the Owner of Lat 7 withdraws ~ts Effective Objection Notice
before such arbit~ation occurs, the City will continue to
process the proposed amendment under its customary
procedures. If the Praposed Owner requests the City to
continue to process the propased amendment after an
Effective QbjectiQn Notice has been given and has not been
withdrawn, the City shall do so except that such amendment
shall not ba presented to the City Cauncii of the City
unless Effective Objection Notice is subsequently withdrawn
or the Proposing Owner provides the City with a written
decision of the arbitration panel finding tha~ s~ch
amendment will not result in a ma~erial adverse effect on
the economic va~ue of Lot 7.
6. If ~ither (a) the Owner of Lot 7 or the
Proposing Owner chooses to submit the issue of whether the
proposed amendment will have a~aterial adverse effect on
the economic value of Lat 7 to binding arbitration and the
arbitra~ors determine that such an effect will occur or (b)
the Proposing Owner withdraws such proposed amendment, the
City will not process the proposed amendment any fu~ther.
7. The following uses in any portion of the ADP
Praperty a~tside of the area described in Seetion 9(g)(iii)
of the Development Agreement, as amended by Sectian 6 of
this Second Amenc~n~nt, shali nat 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 sha11 abligate the City in any way to
permit any af such uses.)
8. A determination that any particular change in
the Deve~opment Agreement either will or will not havE a
material adverse effect on tha ecanomic 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 Obj~ction Notice is received or i~ the arbitrators
determ~n~ that a particu~ar proposed amendment wi11 have a
material adverse effect on the economic value of Lot 7, the
Proposing Owner shall be entitled to modify such propased
amendment, in which case such modified proposed amendment
shall be treated as a new proposed amendment and the
procedures set farth in Sections 2 through 5 of this Exhibit
F shaZ~ be foZlowed ~n cannectiQn therewith.
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EXHTHTT F
CERTAIN DEVELOPMENT STANDARD$
The fallowing development standards shall be applzcable
to development on the ADP Property:
l. Muitifamily Residential. The following standards
shal~ apply to any multifamily residantial haus~ng which may be
develaped on the AaP Property:
(a} IIsab~e Commvn O~en S~ace: Multifami~y
residential projects shall include a minimur-- af one hundred
square feet per unit af usable comman open space, accessible
and available to ali project residents for outdoor
activities. Courtyards, entry areas for two or moxe uni~s,
lawns and play spaces which are physically separated from
private open space, rooftop gardens and ather raoftop usable
open space {not to exceed fifty square feet per unit} and
act~ve recreation spaces such as swimming pools and sports
courts, shall cQUnt toward fulfillment of this requirement.
The rear yard may count toward fulfi~lment of the cammon
open space requirement, provided it is usable and
accessible. Side yards and portions of driveways which are
decorated ar interspersed with lawn ar oth~r acceptable
groundcvver may meet a partion of the requi~ement, subj~et
to architectural r~view. The minimum dim~nsion af at least
one area of common op~n space shall be ten feet in any
dir~ction. Any gractical cambination 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 pexcent. A minimum of thirty
percent of the corr~mon open space area shall include lawn or
other acceptable groundcaver.
Required open space may not include public or
private streets, driveways, or utility easements where the
ground surface cannot be used appropriately tor 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 requ~red private open space.
(b) Childrens' Pla~ Ar~as: If at least 100 units
of Multifamily Residential Hausing are dev~~oped~ the usable
common open space required under Section 1(a} above shall
include a childrens' play area, ~he size of which shall be
subject ta th~ approval of ~he Planning Commission.
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(c) Refuse Stora~e and Location: Residential
nnits sha11 be provzded with r~fuse and recycling storage
containers separate From thase used by any non-residential
~ses on the Property. The containers shall be clearly
marked as being for residential use only and their use by
any non-residen~ial use shall be prohibited.
(d) Friva~e Q~en Space: A1~ Multifamily
Residentia~ Housing buildings shall provide at ~east 50
square feet per unit of usable p~ivate open space. Priva~e
open space shall include a deck, yard, patio or combination
thereof wh~ch is adjace~t to, accessible from, and ati ~he
same or approximate elevation as one or more primary spaces.
The min~mum dimension of at least one such private open
space sha11 be no less than seven feet in any dimension.
Private open space shall be screened from comman open spac~,
driveways and adjacent properties by a substantialiy opaque
wal~ or fence a minimum of three feet six inches and a
max~mum o£ six feet in height, except in the frant yard
setback area. RequirEd private ogen space may be reduced by
one square foot for each additianal 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 adjacen~ to, accessible from, and at th~
same or approximate elevation as one ar more primary spaces
of the unit to be served. Roof decks dv not meet th~s
requirement. The ra~ling o~ the balcany or deck shall be
substantially opaque to pro~ect tha privacy of occupants.
First floar przvate open space may project ~nto the ~ntir~
width of the szde yard, and ten feet into ~he required depth
of the rear yard. Privat~ apen space may project six feet
into the required front yard as long as its width daes nat
exceed thirty percent of the building width at the front of
the bu~lding.
{e) Senior GrouP Housing: In the event senior
group housing is developed an ~he ADP Property, the
following development standards shall be applicable:
(i) LaundrY Facilities. The development
shall provide laundry facilities or services adeq~ate
for the residents.
{ii)
provide on~ or
facilities for
r~sidents:
Cammon Fac~lities. The development may
rnore of the follawing specific coanmon
the exclusive use of the senior citizen
{1) Central caoking and din,~ng room.
(2) Beauty salon and barber shop.
(3) Small pharmacy.
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{4} Recreation room.
(5) Libraxy.
(iii} Securit~. Parking and autdoor
facilities shall be designed ta provide security for
residents, guests and empioyees.
(i.v) M~nimum Age. ReSidential accupancy
shal~ be limited to single persans fifty-five years o~
age or older, or to couples in which one persvn is
sixty years of age or ol.d~r.
(f) Tx'ansitional and Congregate Housing:
Transitional and congregate hausing shall not be permitted
on the Proper~y.
2. Other Uses. The fallowing standards shall be
applied ta a].1 uses an the ADP Property:
(a) Fenc~, wal1, hedc~e, flac~~ole: Fences, walls
or opaque hedges shall not exceed farty-twa inches in height
when Iocated in the required setback area unless approved by
the Planning Comm~ssion. ~'ence, wall or hedge height shall
be measured from the existing grade. In all cases, the
fence, wall or hedge height shal~ be measured in a continuum
at each paint along the fence, wall ar hedge. Nothing in
th~s Section 2{a) shall restrict the use of plant materials,
arbors, trellises or other landscaping in the required
setback area so long (~) as any hedges in excess of forty-
two inches high are not opaque, and (2) na fence, wall,
hedge, tree, planting or other obstruction obscures or
blocks the visibility af drivers of automobiles entering or
exiting any driveway, parking lot or other vehicle accessway
or const~tutes an unreasonable and unnecessary hazard to
persons lawfully using an adjacent sidewalk, street or other
right-of-way.
(b) Scr~~ning Mechanical Egui~ment: All
mechanical equipment that extends mare than twelve ~nches
above the roof parapet shall be screened from view.
Equipment shall be scr~ened fram a horizontal plane on all
sides with an impact res~.stant wa].l.
(c) Refuse and Rec~cling Storaqe Areas:
{i} Each parcel containing a building or
structure shall grovide and maintain one or more refuse
cantainers and recycling containers on the premises.
The containers shall be of suffici~nt capaci~y and
numb~r ta accommodate the refuse and recyclabie
materials generated by the uses an the parcel, in
comp~iance with guidelines established by the
Department of General Services. All outdoor storage or
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refuse, recyclable ma~erials and other items or
material intended to be discard~d or collected shall be
screened from public view. On parce~s where ref~se and
recyclable materials are both stored and collected
adjacent ta public right-of-way, the refuse and
recyclable materials sha~l be screened from public view
on at least three sides by a solid opaque impact-
resistant wall not less than five f~~t or more than
eight feet in height, and on the fourth side by a solid
opaque impact-resistant gate not less than fiv~ feet or
more than eight feet in height. or of other such
material or design approved by the Architec~urai Review
Board. The gate shall be maintained in working order
and shall remain closed except during such times as
r~tuse, recyclable materials and other such i~ems are
being discarded, placed for collection, or callected.
All refuse and recylable materials which are stored and
collected from the same locat~on aut of doors shall be
stored not more than ten feet from the property line
which is clasest to the refuse coilection paint.
(ii) All buildings on the ADP Property shall
include adequate, access~ble and convenient areas for
collecting and loading refuse and recyclable materia~s
consistent with the design standards ot Sec~ion 2(d}
below.
(d) Design Standards for Refuse and Recycling
Raams and Outdoar Enclosures:
A ref~se and recycling room or outdoor enclosure sha1~
comply with all the requ~rements of the C5 Zane and shall conform
to the following minimum design standards:
(i) Non-Resident~al Development.
(1) Non-residential buiiding or buildings
with less than one thousand square feet in aggregate
floor area shall includ~ a refuse and recycling room
four feet in width, four feet in ~ength, and six feet
in height or an equivalent space available in a
centralized area or an outdaor enclosure which sha~l
confarm to the same dimensions.
(2) Non-resident~al building or buildings
wi~h an aggregate floor area betwe~n on~ thousand and
five thousand square feet shall include a refuse and
recyciing room five feet in width, nine feet in length,
and eight teet in height or equivalent space avai~abl~
in a centralized area or an outdoor enclosure which
shall conform to the same di~ensions.
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(3) Non-res~dential building or buildings
with an aggregate f~oar area above five thousand square
feet but equal to or ~ess than ten ~housand square feet
shall includ~ a r~fuse and recycling room nine feet,
six inches in width, thirteen feet, six inches in
length, and eight feet in height in a centralized area
or an autdoor enclosure wh~ch shail conform ~o the same
dimensions.
(4~ Nan-residential building or buildings
with an aggregate flaor area abave ~en thausand square
feet but less than or equal to twenty thousand square
feet shall include a twa hundred forty-eight square
foot re~use and recycling room or outdoor enclosure
w~th eight-foot-high walls.
(5) Nan-residentia~ building or buildzngs
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 fi£ty square
foot refuse and recycling room or outdoor enclosure
with eYght-foot-high walls.
(ii) Residential ~evelo~ment.
(1) Mult~-family residential developments
containing less than five units shall include a refuse
and recycling roam four feet in width, six feet in
length, and six feet in height, or an a~tdoor enciosure
which shal~ conform to ~he same dimensions.
(2) Multi-fam~ly residential developments
containing five to ten units shall include a refuse and
recycling room five feet in width, nine in length, and
eight feet in height, or an outdoor enclasure which
shall conform to the same dimensions except that it
shall not exceed six feet in height.
(3) Residential develapments containing
eleven units to tw~nty units shall include a refuse and
recycling room one hundred twenty-nine square feet in
area wi~h eight-foat-high walls or an outdoar enclosure
of equai area with six-foot-high walls.
{4) Residential developments containing
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
enc~osure or equal area with six-foot-high walls.
{iii) Mixed Use Development. Except as
required in subsection (vi} of this Section, mixed use
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developments sha11 comply with the design standards for non-
residential developments in sub5ection (i) of this Section.
(iv} Lar~e Residential, Non-Residential and
Mixed Use Development. Any development, whether
residential, non-residential or mixed use with more than
forty residentzaZ units, or with more than forty thousand
square feet of floor area shall be reviewed by ~he Director
of General Services, who shall require the design and
placement of a refuse and r~cycling roam or outdoor
enclosur~ consistent with the purpose of this Section to
pravid~ adequate and acc~ssible areas for the storaqe and
collection af refuse and recyclable materials.
(e) Draina~e: Al1 drainage from the ADP Property
must drain to the one or moze af ~he pubiic streets baunding
the ADP Property or directly into a public storm drainage
system in a manner approved by the Department of Ganeral
Servic~s. No surface drainage may be dischaxged onto
abutting properties.
(~) Pro~ections: Any item permitted by the
C~ty's Zoning Code, as it may exist from time to time, to
project into any required yard shall be permitted to project
in~o the requi~ed s~tbacks set forth in Section 9(d) of the
Development Agreement and th~ required "Building Volume
Envelope" standards of Section 9(e} of the Developmen~
Agreement. All such prajections shall be ignored in
determining compliance with Section 9(c} of the Development
Agreement. As of the date of this Secand Amendment, thosa
permitted projections are set forth ~n Section
9.04.10.01.180 of the Municipal Code.
(g} Solar Ener~ Design Standards: This Section
is intended to incorporate, to the extent feasible, passive
heating and cooling apportunities into the design or
modifications of residen~ial developments. This Section is
further designed to assure that solar energy syst~ms in
residential, cammercial, and industrial area conform in
appearance to the surrounding neighborhood. The follawxng
standards shall apply to the design of all solar energy
systems:
(a) Roof-mounted salar collectors 5ha11 be
p~aced in the ~ocation least vis~ble fram a public
right-of-way without reducing the aperating efficiency
of the collectors. Wall-mounted and ground-mounted
solar collectors shall be screened from public view.
{b) When feasible, collectors shal~ be integrated
inta the design of the building. Structural support
for the callectors shall be screened in a manner that
is compatibl~ wi~h the design of the building.
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(c) Appurtenant equipment, particularly p~umbing
and related fixtures, shall be installed in an attic or
basement, where feasib~e.
(d) Large accessory fixtures which must be
expased (e.g., storage tanks) shall be screened where
passible thraugh architectural features that harmonize
with other design elements of the structiure,
(e) Storage tanks shall no~ be locat~d in any
required front or side yards nor shall they be visible
from any public right-of-way.
(f) Exterior sur~aces shall have a matte f~nish
and shall be color-coordinated to harmonize with roof
materials or ather dom~nant colors of the structure.
(g) Any pool ar spa facilities shall be prav~ded
with a solar caver ar solar wat~r heating system.
(h) Miscellaneous Design Requirements:
(i) Every use shall be so operated that any
significant, diract glare incidental to the operation
af the use shall not b~ visible beyond the boundaries
a~ the ADP Property.
(ii) All signs an the premises shall comply with
the provisions of Chapter 9.52 af the City's Municipal
Code.
(iii} Al1 commercial uses shall be so operated as
not to produce humidity, heat, or cold which is readily
detectab~e by persons without instruments an adjacent
parcels or rights-af-way.
(ivj A11 commercial us~s shall be so operated
that no loudspeakers, bells, gangs, buzzers, or other
noise at~ention or attracting devices exceed 45
decibels at any one time beyond tha boundaries of the
ADP Property.
(v} No saZes, rentals, long-t~rm ~tarage, repair
work, dismantling, or servic~ng of any motor veh~cle,
trailer, airplane, boat, laose rubbish, garbage, junk,
or the~r receptacles, or building materia~s shall be
permitted on the ADP Property.
(vi) Building materials for use an the Property
may be stored on the Property during the time tha~ a
valid building permit ~s in effect for construction on
the Property.
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(vii) No comme~cial us~ shall cause a steady-state
earth-borna oscillation which is con~inuaus and
accurring more frequen~~y than 100 times per minute.
The graund vibration caused by moving vehicles, trains,
a~rcraft, or temporary construction or demolition is
exempted from these limit5.
(viii} The following uses shall be permitted
outside of an enclosed b~ilding on the Property:
(1) Patio tables~ chairs, umbrellas. and similar
outdoor accessories used in connection with a
restaurant,
(2) Vending machin~s, including weighing scales,
when accessory to a business conducted within a
building.
(3} Border materials, flower pots, treilises and
the Iike.
(4} Outdoor n~wsstands.
{ix) In any new resta~rant on the ADP
Property, an air filtrat~on and ventilation system
shall be provided.
(x) Na pipel~ne shall be built, ~aid or
maintained on the ADP Property. For purposes af this
Section, "pipeline" includes all real estate, fixtures
and personal praperty owned, controlled, operated or
managed in connection with or to facilitate the
transmission, storage, distribution or delivery af
crude oil or other fluid substanc~ through pipelines;
~rovided, hawever, that this Section does not apply to:
(I} Any pip~line ~sed for the delivery af wate~
or the removal of sewage;
(2) Any pipeiine used for the delivery of natural
gas.
(3) Any pipeline located exclu5ively on the
Property and used in cannectian with any lawful
activity thereon.
20705977--2~1/95
Redlined frow 1/4/95