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SR-8-A (115) 8'rA P&Z:DKW:pm:plan/share/counc~1/strpt/da92001 Clty Council Meeting' December 14, 1993 Santa Monlca, Callfornla DEe 11 1993 IfNi f 1. TO Mayor and Clty Councll FROM: Clty Staff SUBJECT: Recommendation to Introduce for F1rst Read1ng an Ord1nance Approv1ng Development Agreement 92-001 W1th Proposed Modlflcatlons to Permlt an 11,800 sq. ft., Mixed Use Commercial Development with Two Levels of Subterranean Parking located at 1602 Ocean Avenue and Adoptlon of a Resolution Approvlng Amendments to the Local Coastal Program Land Use Plan. INTRODUCTION ThlS report recommends that the C1ty Councll introduce for first read~ng an ord1nance approv1ng Development Agreement 92-001 as modified by staff, to perm1t the construction of an 11,800 sq. ft. m1xed use commerc1al development located at 1602 Ocean Avenue wlth the cond1t~on that the maX1mum bU1ldlng height be llmlted to 30 feet wlth the exceptlon of a 17 foot spire projectlon. Proposed bUlld1ng uses lnclude retall, offlce. and restaurants with on-slte alcohol serv1ce. The Development Agreement lnvolves mod1f1cations :rorr the 2001ng Ordlnance requlrements for Floor Area Ratio, he1gh~, setbacks, unexcavated sldeyards, and park1ng. In add1t1on, as part of the approval, the proJect requires amendments to the Local =oas~al Prograrr Lane Use Plan for the bu~ld1ng he~ght ana o::~ce use The Development Agreement 18 conta~ned 1n Attachment ~ The :...cca::' Coastal prograrro i..anc. Use Amendment Resolut1on lS lncludeci lD A~tachmen~ E. 1 .r.~ fl 1 R tcl~. 'DEe 1 4 lmr.i ~~A PROJECT DESCRIPTION The s~te is 14,553 sq. ft. ~n area and compr~sed of five ~ndiv~dual parcels. The C~ty owns a small trlangular p~ece (347 sq. ft ) at the southwest corner of the site. An alley exists on the adjacent parcel. The proposed proJect assumes the vacation of th~s alley. Because the City owns a parcel adjacent to the alley, half of the alley would revert to the City. The developer intends, and the Development Agreement contemplates, the purchase from the City of the trlangular p~ece owned by the Clty as well as the half of the alley, wh~ch would total 747 sq. ft. Assumlng the alley vacation occurs and the developer purchases th1S portlon of the property, the slte w~ll be 15,700 sq. ft. in size. Currently two bUlldlngs are located on the subJect property. The proposed proJect lncludes the demolltlon of the F1Sh Market b~~:d~ng and the preservat10n of the Lobster bUlldlng (located at ~he northeas~ corner of the slte) Three new two-story bUl1dlngs W~:: be constructed lD aU-shaped formatlon on the remalnder of the slte. The new bUlldlngs wll1 be Ilnked at the second story by an lnterlor passageway and balcoules ~~= sub~erranean parKlng leve~s w~~l be provlded that extend beyond ~~e b~~:d~~S :00~P~~~~s LC ~he prcpe~~y Ilnes w~th the except~on 0: ~he sou~~er~ proper~y l~ne where 5 :oot wlae unexcavated sldeyard 1S proposed. Publlc Parklng access 18 from Ocean Avenue at the 2 slte's sout.hern end. Dellvery only access wJ..ll be allowed from the hlghway access road (H~ghway 187) Dntll such t~me as the eXlst~ng roadway between the property and the Santa Monica P~er Br~dge ~s vacated, this roadway will be retained to provide access to Ocean Avenue for the residents of the apartment bu~ldlng to the south of the subject property. Without this roadway, circulat~on for the apartment build~ng resldents would be l~m~ted; residents would exit the apartment site onto the highway access road and be forced to use Pacific Coast Highway each t~me they left the apartment complex The three new commercial bu~ld~ngs (Bu~ld~ngs B, C and D) are two stor~es ~n he~ght above Ocean Avenue. Build~ng B, which ~s parallel to the P~er Brldge, w~ll be used for restaurant(s). Building B w~ll be occup~ed by 2,727 square feet of restaurant use on the flrst floor and 2,358 square feet of restaurant use on the second floor BU11dlng C wll1 be occupled by 1,735 square feet of retail and offlce space on the f~rst floor and 2,l55 square feet of office space on the second floor. BUlldlng D, which fronts along Ocean Avenue, w~l: have 1,078 square feet of reta~l uses on the flrst ::oo~ a~d 870 square feet of offlce use on the second floor. The total. square foo~age fo~ ~~e new commerc~al bUl1dl.ngs w:..ll be 10,923 sq'....lare feet The preserved Lobster Buildlng w~ll be occupl.ed by 877 square feet of restaurant use. The net total 3 square footage of the Lobster BUlldlng and new commerclal buildlngs ~s 11,800 square feet The development agreement 1~m1ts the proJect to no more than three separate restaurants, includ~ng the Lobster Buildlng In add1 t~on, the seat~ng for the three restaurants is limited to a maX~mum of 250 seats. The building design ~ncludes a second story setback of 13 feet from the front, 15 from the rear and 15 feet to the northern s~de yard (along Colorado Avenue). The second story of the bUlld1ng on the southern slde 1S 9.5 feet from the property line and is cant~levered over the driveway. There are second story balcon1es proposed around the bu~ld~ngs, w~th the except~on of the build1ng elevat~on fac~ng the adJacent apartment buildlng. The plaza, located approxlmately 2.5 feet below the level of Ocean Avenue, wlll be predomlnantly hardscape Slnce lt 1S above the subterranean parklng structure Several landscape ~slands are proposed In the front port.:lon of the slte, three along Ocean Avehue, one along the Colorado Avenue slde, and one ln the center of :he s~te Due to the :2 faot grade d::..fferent1al from the front =c the rear 0: the proper=y, ttlS creates a terrace at the rear of the slte However, the slte's slope allows the wall of the subterranean garage to proJect above grade. At the rear of the 4 slte there wlll be approx1mately 10 feet of the garage wall vlslble from the highway access road. From thlS view the proj ect wll1 appear to be a three story development. The Development Agreement sets forth the property legal descript~on and the sale of the City owned land to the developer. The Agreement further describes the location and design of the buildlngs wlth references to the archltectural drawings and specifles maximum square footage permitted for the retail, restaurant, and off1ce uses, WhlCh provldes some fleX1bl1ity In proJect leaslng. The mlX of uses, however, ln the proJect cannot result 1n a parklng demand greater than the 90 spaces prov1ded. Uses wl1l be monltored through the buslness llcense process. Because the approval 15 contlngent on amendments to the Local Coastal Plan, the Agreement lncludes a provls1on authorlzing the owner to flle wlth the Callfornla Coastal Comm1SSlon the necessary amendments. However, such appllcatlon may not be filed untl1 the proJect has recelved the Clty'S approval or conditional approval for the proJect deslgn If the amendments are not approved by the Cal~forn~a Coastal COMMl5S10~, the Development Agreement wlll need ::0 be amended.' DEVELOPME~~ AGREEMEN~ Chapter 9.48 of the Santa Monlca Munlclpal Code provldes for the 5 execut10n 0: developmen~ agreements. One purpose of a development agreement 15 to protect applicants from changes 1n polic1es and ordlnances after approval but before complet1on of the proJect Although development agreements are most often ut1l1zed for large proJects whlch take a number of years to bUlld, state law allows the use of development agreements as a tool to allow the city and developer to vary development standards that would otherwise apply to the proJect when a publlC benef1t would result. Condlt1ons of approval are locorporated dlrectly into the Development Agreement, which speclfies the proJect development standards and uses, requlred publlC lmprovements and cond1tions of operatlon. The Agreement lncorporates some of the standard condltlons for commerc1al proJects, such as conditlons pertaloing to on-slte alcohol sales and construction mit1gation measures. Based on lnformal d1SCUSS1ons wlth members of the Plannlng CommlSS1Cr. and Clty Councll concern1ng the development of the site, 1t was dec1ded by the appllcant that the Lobster buildlng located at the corne~ of the property should be retalned. Preservatlon of the ~obste~ b~lldlng was requested because although the bUlldlng 1S ,..,~- ..J."__ .... a des~gna~ed landmark, l~ was :e:t ~hat there 1S substantlal r.lS::C:-lca2. value and lnte~es:' :'0 warrant 1ts preservat10:l. The arcr.l~ec:: deslgnec ~he proJec~ to lncorporate the Lobster bUlld1ng lnto the proJect. V1a the Development Agreement, the developer 18 6 requestlng certalD mOdlf1catlons to the Zonlng Ord1nance requlrements In order to retaln the Lobster bUlldlng. In additlon, the Development Agreement provldes for expanded public access to the slte and requlres the appllcant to contribute to the Pler Promotlonal Fund. COMPLIANCE WITH THE ZONING ORDINANCE As descrlbed above, the use of a development agreement allows modif1cat1on from requ1rements in the Zoning Ordinance. The developer 1S requesting mod1f1cation to the floor area ratlo (FAR), uses, helght, setbacks, unexcavated sldeyards and park1ng. Each of these lssues 1S d1scussed 1n detal1 below. The developer is requestlng these modlf1cat1ons ln return for the preservation of the Lobster bUlldlng. Vses and Hours of Operatlon Zon~ng Ordlnance Sect10n 9.04.0B.l2.040 requlres a condltional use permlt for cfflce use In thlS zone, provlded the use 1S not at the ground level along a street frontage. Offlce use is proposed in the proJect on the second floor of Buildlng D and on the flrst and secc~c ::ocrs 0: 3ul1dlng C The ground floor of BUlldlng C lS :o~a:ec approxlmately 62 fee: from Ocean Avenue. The bUlldlngs alo:1g 8::ear: Avenue wlll have retall and restaurant. uses at the gro:":':1::i floor. The pt.:.rpose of thlS Code sectloD 1S to locate pedestrlan orlented uses at. the street frontage. G1 ven the 7 locat~on and orientat~on of the buildl.ngs on the property, the ~ntent of the Code 1S satisf1ed Although reta1l restaurant uses are allowed in the RVC District, the Zonlng Ordinance requires a condit1onal use permit for the sale of alcohol1c beverages. The Development Agreement would allow the sale of alcohol1c beverages in the three proposed restaurants. The Development Agreement 1ncorporates the standard cond1tions that are imposed for uses that involve the sale of alcoholic beverages. The developer has proposed that the retail uses would be open for bus~ness from 10:00 a.m. to 10.00 p.m. The hours for the restaurants would be from 8:00 a.m. to 12 00 midn1ght. Offlce uses would be from 8:00 a.m. to 6:00 p.m. Alc:Jho: ~lcenses In Area Wlthln a 500' radlus of the slte, there are: one Type-21 (off-sale general), one Type-40 (on-sale beer), four Type-41 (on-sale beer and Wlne for publlC eatlng place) alcohol llcenses, and SlX Type-47 (on-sale general for publlC eatlng place) alcohol llcenses These ~nclude the fo:lowlng T'r"p~-2: (O::-Sale General; Es-:ab::":.shmen: Address S1:.:~-az Llquor 1646 Ocean Avenue Type-4C (On-Sale Beer) Establlshment Seats Address B Merma~d Cafe 42 1557 Ocean Front Walk Type-41 (On-Sale Beer and W~ne for Public Eat~nq Place) Establ~shment Seats Address Big Deans Cafe La Fonda Bruno's Italian Rest. Visconti 64 38 30 157 1613 Ocean Front Walk 1660 Ocean Avenue 1652 Ocean Avenue 1541 Ocean Avenue Type-47 (On-Sale General for Public Eating Place) Establ~shment Seats Address W~ndows at the P~er Chez Jay Kenny's Steak House Ivy at the Shore Zenzero I Cug~n~ 72 62 112 195 85 295 120 Colorado Avenue 1657 Ocean Avenue 1551 Ocean Avenue 1541 Ocean Avenue 1535 Ocean Avenue 1505 Ocean Avenue The Pol~ce Department d~d not express concerns regarding the alcohol outlets proposed as part of the proJect given the nature of the proposed restaurants The Pol~ce Department 1n rev1ewing the p.ans ~nd~ca~ed that there are no secur~ty concerns w1th the pro- posed layout of the build~ngs There are no schools or churches wlth1n 500 feet of the subJect property_ However, Pal~sades Park 1S located to the north of the feet 0: the s~te s~te, across Colorado Avenue, and the State beach lS withln 500 Wr.:le :here are a number c: establ~shments wlth alcoho: l~censes 1n the area, these faCllltles do not serve only the residents in the 9 area. The subJect property 15 located just outs1de the Downtown area and at the entrance to the Piey. The site ~s 1n an area that ~s vls~ted by tour1sts and frequented by resldents of the Clty, workers lTI t.he arear and resldents of surroundlng c1t1es. The purpose of the RVC Dlstrict 1S to provide Vlsltor serving uses, such as retail and restaurants, while preserving the existing res~dential ffilX in the area. FAR The Zon1ng Ordinance allows a 0.5 FAR on the property. The pro- posed proJect has 11,800 square feet of floor area on a s~te of 15,700 sq. ft including the vacat10n of the alleYr wh1ch lS a 0.75 FAR. If the proJect were 11m1ted to 0.5 FAR 1t would result in 7,850 sq. ft. of bUlldlng, or 3r950 sq. ft. less than what 1S proposed Helght The he1ght Ilml~ 1n the RVC D15tr1ct for parcels front~ng on Ocean Avenue 15 30 feet measured from average natural grade, or the average of the four corner p01nts of a property. This creates a h8r:..zo:::.al pJ.ane ~rom wh::.ch :.he bUl1dlng helght and number of S:8r:..es are calc~lated o~ propertles wlth a s~gnlflcant sloper S~=~ as :~e s~bJect s~te, the average natural grade may be several fee~ above a~d below the eXlstlng grade. Because of the lrregularlty of the slter four pOlnts were selected to calculate 10 average natural grade rather than us~ng corner points. There ~s approx~mately a 12 foot dlfferentlal in the elevat~on of the slte at Ocean Avenue to the rear of the s~te along the hlghway approach. The elevatlon of the s~te is approx~mately 57 feet along Ocean Avenue and drops to approximately 45 feet at the western property l~ne. The average natural grade ~s 51.14 feet. The project as proposed by the applicant is 34 feet 1 lnch above average natural grade, or 4 feet 1 inch above the Zon~ng Ordinance Ilm2t of 30 feet. In add2t~on, a splre ~s proposed on the l~nk between Bu~ldlngs Band C, WhlCh ~s 17 feet above the roof of the buildlng. Staff, however, ~s recommend~ng that the build2ng height be I1mlted to 30 feet, wlth an allowance for the 17 foot spire prO)ectlon. Setbacks The Development Agreement would allow a mod2flcat1on to the front and sldeyard setbacks. The requ~red front yard setback from Ocean Avenue 15 35 feet. The purpose of th1S setback is to allow a wide landscape strlp along Ocean Avenue. However, the eXlst~ng Lobster b:;..:ld.::..ng 1S loca tea 4 fee:. froIT the fron: property l.::..ne. The rerna1:1der of :he bUlldlng compl:.es Wl th the 9.6 feet requlred s::a.eya~c se~ba:::k 1.1 Unexcavated Yards The subterranean park1.ng garage for the proJect will cover the entlre slte wlth the exceptlon of a flve foot strip along the southern Sloe of the property Therefore, the Development Agreement allows a mod1.flcat1on to the Code requirement to provide unexcavated sideyards and to landscape 50% of these areas. Parking Park1ng for the proJect w1.II be prov1.ded in two levels of subterranean park1.ng. The 20n1ng Ordinance requ1.res 90 parklng spaces for the proposed proJect. A total of 90 spaces are prov1ded, 43 spaces on the f1.rst level and 47 spaces on the second level. The 20n1ng Ord1nance allows the use of 40% compact spaces 1.n commerclal developments As proposed the project wlll have 46 compact spaces, or 51% of the park1.ng. The Development Agreement would allow for the lncrease 1n the use of compact spaces The 20n1ng Ord1nance allows the use of tandem parking for commer- clal development through the approval of a reduced parklng permit. Howeve~t ~he Code on~y allows such an approval of ~andem park1ng :; ~~e proJect requlres 250 or more park1ng spaces, 21 no more tr.ar. 28% c= ~he ~otal ~u~be~ 0: spaces ~s 1r. tandem and; 3) an a~tenda~~ ~s C~ duty QUr1Dq the ho~r the bU11d~ng 1S open =or bUS1- ness The proposed proJect has 9 sets of tandem parklng spaces on 12 each level for a total of 18 tandem park1ng spaces, Wh1Ch rep- resents 20% of the required park1ng. The tandem spaces are all compact 1n Slze. The use of tandem parking, as well as the amount of tandem 1S a mod1f1cation to what 1S allowed 1n the Zon1.ng Ord1nance. The developer has 1.nd1cated that a parking attendant will be on slte during the hours that the buslnesses on the Slte are open and this is 1ncluded as a requirement in the Development Agreement (Sectlon 3 6(c)). G1ven the 10cat1.on of tne property, lt is ant1c1.pated that people V1.Sltlng the slte may arrlve on foot. In additlon, w1.th the mix of uses, the peak hours of the var10US uses generally occurs at dif- feren~ t1.mes. The peak for offlce use 1S durlng the day and ends at 6: 00 p. m., while the peak perlod for restaurants generally occurs after 6 00 p.rn The Code requlres one load1.ng space for a commercial proJect of ch1.s g1.ze. A load1.ng space lS prov1ded at the entrance to the garage from the h1ghway access road. The locat1on of the load1.ng space has been approved by Parking and Traff1c. C8!'iJP::"IAN::~ WITH :UOCAL C8AS'I'AL PROGRAJ'I (LCP) AND LAND USE AND C:RCC~A~:0K ELE~E~T \LUCE; Sl~ce the slte 15 loca~ec wl~hln the coastal zone 1t 18 subJect to the prov1s1ons of the Local Coastal Program {LCP}. The property is 13 located ~n Subarea 2, the San~a Mon~ca P~er, and ~s des~gnated as Res~dential-V~sltor Commercial. Uses perna t ted include amusements, vlsitor serv1ng uses, flshlng, publlC areas, facillt~es for adm~n1strat1on of the Pler and adJacent water area, cultural or v1sitor information uses, public park1ng, bed and breakfast uses above the ground floor, and residential uses above the ground floor. The proposed retal.l and restaurant uses are considered v1sitor serv1ng and as such are allowed by the LCP. However, the proposed off1ce use 1S not permitted by the LCP An amendment to the adopted LCP 18 requ1.red 1n order for the off1ce use to be allowed ~n the proJect. The LCP also prov~de8 general development standards for the dlfferent subareas w1thln the coastal zone In Subarea 2 development lntenslty 15 Ilm~ted to two story bU1ldlngs, with a 30 foe: he1ght. ll:1Ut. and a 1.0 FAR The proposed pro] ect 1S two storles, wlth a 0.75 FAR, but as proposed by the appllcant, the prOJect. exceeds the 30 feet allowed by the LCP An amendment to the helght Ilmlt In the LCP would be requlred for the partlons of the bUl1d1ngs that reach a helght of 34 feet one inch and for the p~op0sed ~ ..., -' foot arch~tectural elemen~. ':'he :"'2F has a Scer.:c anci Vlsua2. Resources Map whJ.ch J..dentlfles s::e:1:c CO!""T1dors A seenle corr1dor ~s ldentl::~ed along Ocear: Avenue. and along the Incerstate 10 freeway, towards the ocean. 1~ The obJectlve of the vlsual corrldor lS to provlde Vlews along the rights-of-way to the mountalns and the ocean. The proJect does not obstruct the Vlews to the ocean along Ocean Avenue Slnce the bUlldlngs are located west of the right-of-way. Any development on the slte wlll reduce the Vlew of the ocean across the property since the existing buildings on the site are small single story structures. The project is deslgned to allow a view through the slte to the ocean from Ocean Avenue through the center of the site. The Vlew corridor lS created by the building link at the second floor between BUlldlngs Band C. The Clty'S approval of the Development Agreement is contlngent on obtalnlng approval from the Callfornla Coastal Commission of modlflcation5 to the Clty'S LCP. The Development Agreement ln Sec~lor. 3.3(d) allows the appl1cant to make an appl1cation to the Coascal Cammlssion for the necessary reV1Slons to the LCP. As part of th1s approval, 1 t lS recommended that the Councl1 adopt a resolutlon supportlng these amendments. The property 15 located 1n the area 1dentlfled in the LUCE as the Ocear:fyor::' Dlst.rlC:' ObJect.lve 1 5 of t.he LUCE 18 t.o "Expand v~s~tay accommodatlons and related uses lr. the Oceanfront area, whlle protect~ng the ex~s:lns res~dentlal m1X." The proJect pro- Vlces VlSltor serVlce uses through the retall and restaurant uses proposed on the slte. Wh1le there lS offlce use in the proJect, 15 the offlce use ~s located on the second floor adJacent to the street and ~n Bu~lding C, 62 feet from Ocean Avenue. POIlCY 1.5.8 prov~des development ~ntens~ties for the Ocean Avenue frontage west of Downtown and the area between Ocean Avenue, the Promenade, the Pier, and Pico Boulevard. The proj ect compl ies with the development intensities allowed in the LUCE of 2.5 FAR and 4 stor~es, 56 feet 1.n helght. LUCE Pol~cy 3.5 5 requJres new buildl.ngs to be set back on the west Sloe of Ocean Avenue south of Colorado to accommodate trees and generous landscape strl.ps. However, Sl.nce preservation of the Lobster bu~ld1.ng in 1. ts eX1.stl.ng, hl.storl.c locatlon has been ldent1.fled as a deslrable proJect component, the proposal is unable to comply w~th th~s requ1.rement. In add1.t1.on, the lower po~nt of BU1.ld~ng D 1.S located 5 feet from the property line. However, 51.nee ~he bUl.ldlng steps back at an angle from Ocean Avenue, allowlr.g for landscap~ng and stal.rs between the Lobster Build1.ng and BUl.ldl.ng D, the bUlld~ng' s proxl.mity to the property 1.S substantl.ally ffil.tigated ?~BLI= lV?R8VE~E~TS ~he Ge~e~al Se~Vlces Departmen~ and the parklng and Trafflc Dl.V1.- SlO~ tave ~evlewed and approved the plans and provlded lnput durlng the desl.gn and preparat1.on of the Development Agreement. Exhibl.t 16 H of the Development Agreement ~lsts the publiC improvements that are required as a part of the project. Whlle the Police Department dld not express concerns regardlng the partlcular aspects of thiS project, a general concern regardlng the need to lmprove clrculation in the area, lncludlng Colorado west of 4th Street, Ocean Avenue in the viclnity of the Pier, and Appian Way was noted. The items identif1ed il'l Exhibit H are standard development requlrements. Due to the benef~ts of developing a project adjacent to the Santa Monlca Pler, Item 10 of Exhibit H requires a $10,000 contrlbutlon for wldenlng of Santa Monica Pler, which 1S intended to enhance pedestrian access to the Pier. VIEW CORRIDOR ANALYSIS Currently, the slte has two single story bUlld1ngs on the northern portlon and is vacant on the southern portion of the property. ThiS bUilding configuration provides a View of the Santa Monica Pier and Pacific Ocean along the Ocean Avenue, Colorado Avenue and Clty Hall View corridors. The proposed proJect has been analyzed ln terms of itS lmpact on these Vlew corrldors. ~he Vlews along Ocean Avenue lnc~ude a pedestrian and second story Vlev.: of the San~a Mor..:ca Pier and ?ac:..rlc Ocean at the vacant Fcr~lC~S 0: ~he slte ~he Sl~e nas a downward slope to the west wh:ct reduces the lmpac~ 0: the structure on View corridors along Ocean Avenue. The proposed proJect Will impact the pedestrian and 17 second story Vlews at the Sl~e along Ocean Avenue. The pedestrlan level views along Ocean Avenue would be lmpacted by the proposed proJec~i the second story Vlews along Ocean Avenue will be lessened by the downsloplng characterlstlcs of the slte The pedestrian view from Colorado Avenue provides a full view of the Santa Monica Pier sign and bridge entrance. The Colorado Avenue Vl.ew corrldor also provides a llmited view of the Santa Monlca P1er and Paciflc Ocean at the southern corner of the Pallsades Park and area between the brldge and Lobster building on the 5lte. The proposed proJect would have mlnlmal lmpact, if any, on the Colorado Avenue V1ew corr1dor. PLANNING COMMISSION ACTION The Plannlng Commlsslon held a public hear1ng to conslder the pYoJec~ or. September 29, 1993. The Plann1ng Comm15sion voted 4-3 to recommend approval of the proposed proj ect and development agreemen~ wlth ~he condltlons that the he1ght not exceed 30 feet, BUlldlng B and the proJect masslng be relocated to the southern portlon of the property, landscaplng be lncreased, a Preservatlon P:="a;: :8~ the Lobster BUlldlng De lncluded 1n the Development AgreeT'er:~ , and the number of restaurant seat.s and parklng be red'..lced. The Plannlng CC!1"i'l.SSlOr: S~aff report lS contalned ln At~ach~en~ - and the Plann1ng Comm1SS1on m1nutes are conta1ned 1n Attachment C 18 The Plann~ng Comm~SSlon was concerned w~ th the locat1.on of the bUlldings and the1.r effect on the Vlew corridors to the Santa Monlca Pler, Santa Monica Pler slgn and vlew from C~ty Hall. The Plannlng Commlssion recommended the followlng modiflcations: 1. Relocate the mass~ng of BUllding B to the southern portion of the property and lncrease the setback requlrement on the north property 11.ne adjacent to the Pier bridge. 2. Reduce the height of the buildlngs to no more than 30 feet above average natural grade. 3. Improve the aesthet~cs and v1.sual appearance of the wall faclng Colorado Avenue and the area between the development and adJacent property on the south, and provide landscaping in these areas t.. Assure preserva~1.on of the Lobster bUlldlng on the development 51te, by lnclud~ng a Preservation Plan in the Development Agreement. 5. Reduce restaurant seats to 250 seats 1n order to encourage less ~ntens~ve park1ng uses wlthln the development and reduce the parklng needs of the proposed proJect. 6 Reduce on-Slte parklng subject to a shared parking analysis. PROJECT REVISIONS The appllcant has revlsed the proposed proJect plans 1.n response to the Plannlng Commisslon's concerns and recommendations. These rev~s~ons ~nclude lncreasl~g landscap~ng, lncreaslng the Colorado Ave~~e sldeyard setbaCK, removal of balconles and square footage adJus~rre~~s of 3ulldlngs B, C and D, and reduclng of restaurant sea:'~ng 19 The landscap~ng wlll be ~ncreased w~th the addlt~on of landscaplng planters in the Highway Access Road rearyard and Colorado Avenue s~deyard. The Colorado Avenue sldeyard setback has been lncreased from 5 feet to 9 feet 6 Inches, thereby reducing the floor area for Bu~ldIng B. The increased sl-deyard setback on Colorado Avenue complies with the Zoning Ordinance requirement. The architect has reduced the balcony areas and lncreased the floor area of Buildings B, C and D to balance the Colorado setback lncrease. BUllding B has a reduced restaurant floor area and reconflgured northwest corner as a result of the increased sldeyard. The off~ce area for BUlldlng C has been lncreased wlth the removal of the second floor west and east elevat~on balconles The office area of BUllding D has been lncreased with the removal of balconies on the second floor north elevatlon. The total square footage of the revised plans w~ll remalD approxl~ately 11,800 square feet. Although the appllcant has rev1.sed the Development Agreement 1.n response to a number of concerns ana recommendat1.0DS of the Plann1.ng Commlsslon, comments from the P1.er Restorat1.on Corporat1.on and Plann1.ng Staff, the appllcant does not accept some of the prcpJsed mod~:lca~lo~s Therefore, S:a:: ~s proposlng add1.tlonal char.ges beyo~d those proposec by :he appl18ant. The Development AgreeT'ler.: reVls:.:::ms as proposed by the appllcant lDclude the .., .- _c~_ow:..~g a Preservatlon Relccatlor. PIar. for the Lobster bUlldlng, reductlon In the maX1.mum permitted restaurant seats from 20 450 ~c 300 seats, prov~s~ons to support a potentlal Pier ccnnect~on brldge, agreement to contrlbute to a potentlal Pier Promotlonal Fund, provision for a posslble easement through the proJect for the tenants of 1616 Ocean Avenue, language concernJ.ng common area publlc accesslbll1ty, conflrmatlon of City's cooperatlon wlth vacating utility easements, and other modifications which clarify varlous sections of the Development Agreement. STAFF RECOMMENDED DEVELOPMENT AGREEMENT MODIFICATIONS S:.aff recommends that the City Council adopt three addItional Development Agreement modlflcatlons that have not been agreed to by the applJ.cant and are not reflected in the Development Agreement. Flrst, conslstent wlth the Plannlng Commlsslon's comments, staff belIeves that the buildIng heIght should be limited to 30 feet to :he '.:op of the roof Wl th the exception of the 17 foot spire p~OJect.lon ThlS requIres a modlflcatlon to Development Agreement sectlons 3 l(b), 3.1(c). 3.1(d), and 3.3(b) to state that: T~e rr.aXl~um allowable bUlldlng helght of the ProJect shall be 30 fee~ above Average Natural Grade, except for the spJ.re extendJ.ng above the second floor llnkage between BUlldlngs Band C, which splre may extend to a maXlmum heJ.ght of 47 feet above Average Natu:.-al Grade. SeconG, s:.a:: has suostantlal concerns Wlt~ Developmen:. Agreement Sect~o~ ~ 4, WhlCh perm~ts ~he ow~eY and bu~ld~ng tenants to obJect :'c :::ase ':"TTlpact.s caused by the P.ler If :'hese ::..mpacts II constI cute a m':'lsance under prJ.nclples of common law. II Staff belleves that thlS 21 1S a vague legal prem1se that could 1nclude any number of n01se related impacts, J..ncl uding n01se from Pier concerts, amusement r1des or games. To ensure that there are no potent1al confl1cts between the proJect and P1er events, staff recommends that the respons1b1l1ty rest on the property owner to manage tenant's noise complaints. In addition, this Development Agreement section was included at the request of the Pier Restorat1on Corporation to prov1de assurance aga1nst potential future oppos1tion to Pier events. As currently structured 1n the Development Agreement, this proV1s10n does not afford the protect10n requested by the PRC. Staff recommends amend1ng Sect10n 4.4 of the Development Agreement to state. Owner's Support For Pier Act1v1t1es. OWner hereby acknowledges h1S support for the current and on-goJ..ng efforts to redevelop the Santa Mon1ca P1er. Pr10r to their occupancy or execut10n of lease agreements, Owner agrees to not1.fy prospect1 ve tenants of the ProJect that the Santa Mon1ca P1er 1S a vis1tor-serving environment and to refer them to the P1er RestoratJ..on Corporat10n for a descr1ptJ..on of actJ..VJ..t1es and operations on the Santa Monica Pier. Owner hereby wa1ves, on behalf of Owner and all future tenants of the ProJect, the right to obJect to any noise impacts on the ProJect caused by the present or future act1v1tles on the P1er. F1.nally, although 1t is antic1pated that there w1l1.be agreement on the purc~ase of the 7~7 sq.:t. tYlangular property, J..nclud1ng the ~alf a:ley, a~ tne scuthwes: corner of ~he slte, the appralsal of th~s pr~per~y has beer. de:ayed Ir.foymatlor. on the purchase pr1ce w.1" be ava~laDle a~ ~he Counc:l meet~ng. However, the Counc~l sho~ld be aware that, 1: there lS not agreement on the purchase 22 pr~ce, th~s ~ssue must be resolved prior to Council act~on on the Development Agreement. OTHER CONCERNS RAISED Throughout the Development Agreement process several ~ssues have surfaced. These issues have been addressed in the proposed Development Agreement to the satisfaction of staff. However, should the Council dec~de to mod~fy the Agreement 1n relation to the follow1ng issues, staff has prepared revised language. Sectlon 5.10, relatlng to publlC access to the proJect, sets forth llmitat10ns to the type of act1vlt1es permitted 1n the proJect's publlC spaces durlng operatlng hours. A slmilar provisl.on was lncluded 1n the Development Agreement between Magu1re Thomas Partners and the C1ty for the property at 1733 Ocean Avenue that was no~ as restr1ct~ve as the language conta1ned 1n th1S Development Agreement. Should the Councll w1sh to have consistency betwee~ these two publlc access prOV1S1ons, the follow1ng language should replace the second sentence 1n the paragraph: ThlS Sect10n 5 10 sha:: not requ~re Owner to authOY1Ze any a~'::,vl:'les not ldentlfled above, l.ncludlng but not llmlted to cook:ng, olspenslng or preparlng :ood, sel:lng any 1te~, sleeplng 8r s~ay:ns overr.lght, and any o:.her act~v:ty WhlCh 15 deemed to be a PUO:l= r-u:.sance or WhlCh unreasonab~y annoys or 1nterferes w1th :.he Pro: ect or members of the gene:-al publ1C engag1ng 1n an actlvlty :.aentlfled above 23 Concerns have been ra~seo regard~ng the project design, mass~ng, and artLculat~on given the prominence and locat~on of the proJect. Although the Development Agreement. requ~res Plannl.ng Comml.ssl.on rev~ew 0: the proJect design, concerns have been expressed that thlS reVl.ew lS too limlted and may not Yleld the type of des~gn approprl.ate for thls location. Therefore, staff has developed an alternatl.ve process should the Counel.l determine the proJect design reqUl.res further modiflcations. Specif~cally, the process would requl.re the appll.cant to meet and review the project wl.th a subcomm~ttee of two Plannl.ng Commissioners, one Architectural Revl.ew Board member, one Landmarks Commissl.on member and one Pier Restoratl.on Corporatl.on member. The subcommittee would work with the appl~cant to address the des~gn concerns and, after this process l8 complete, the proJect would be revlewed and approved by the Plannlng COmm2SS1.0n Should the Councll accept this process, t.he fo::1ow2ng change would need to be made to the Development Agreement. 11. DESIGN REVIEW. 11 1 Purpose SAME AS DEVELOPMENT AGREEMENT :5 ~ESrGK REVIEW COMMITTEE Prlor to subw~ss~on of the proJect. for P:anr.~ng Com~lss~on rev~ew, the proJect shall be rev~ewed by a SUDcomm~t:ee of two Piannlng Comrrlss~oners, one Archl.tectura~ ReVle~ Board member, one Landmarks CommlSSlon member and one Pler Res~o~atlOr. Corpora~l.o~ member The subcomml.t.tee shall meet w~th the proJect arch~:ect and owne~ :0 evaluate the bu~ldlng masSlng, b~~~d~ng placement, bu~ldlng desl.gn, bUlld~ng ma~erlals and colors, des~gn elements, Sl.gnage, landscapl.ng, trash enclosures and screenlng and the compatlblllty of the proJect des2gn wlth the 24 Santa Monica P~er and surround~ng area. The proJect may not be subm~tted to the Plann~ng CommlSSlon for reVlew untll such tlme as a maJority of the subcommlttee members approve the proJect deslgn. Development Agreement Sections ll.2 - ll.4 would be unchanged. Due to the mix of uses proposed for the project that are antlclpated to have vary~ng hours of operation, the Planning Commlssion suggested that a reduction in parking requirements may be warranted should a shared parking analysis demonstrate that adequate park~ng would be avallable during all operat~ng hours. Staff does not support a reductlon in parking for the proj ect, however, should the Councll agree that a shared use analysis lS requlred, the follow~ng should be inserted as Section 3.6{a) (v): The DlrectOy of Land Use and Transportation Management shall have the dlscretion to requ~re Owner to reduce the number of parklng spaces ~n ~he ProJect below the parklng formulas established ~n Sect~on 3 6 (a) (i) - (iil). provlded that any such park~ng reduction shall be conslstent Wl th thls Sectlon 3.6 (a) (v) . Wlthln th~r~y (30) days after the Effect~ve Date of this Agreement, ':.he D:;.rector of Land Use and Transportatlon Management shall deslgnate an lndependent consultant to perform a shared parking analysls of the Pro] ect for purposes of ascertainlng whether a paYklng reduct~on lS approprlate. The scope of work for the shared parklng analysls shall flrst lnclude a study of shared parklng demand eS~lmated by hour throughout the day assuming no overlap between land uses. The analysls shall then adJust the hourly parklng demands to account for the overlap or lnteraction between patrons of the varlOUS uses whlch could reasonably be expected at the slte 7he percentage accumulatlon factors shall be obta~ned :yor'" ::he document en~l:.led "Shared Parklng," the Urban Land =ns~~:~~e, :983, or other such documenL acceptable to the Clty'S ?ark~ns ana Trafflc Eng~neer. T~e deslgna:ed consu~tant shall have up to ninety (90) days after deslgnatlo~ to co~ple:e ~he shared parKlng analysls of the ProJect. ~pcr. conp~e:~or. 0: :~e shared parklng analysls, the Dlrector of Land Use and Transporcatlon Management shall have up to th~rty (30) days to elect whether to reduce the requ~re parklng analysls, 25 prov~ded, however, that any such park~ng reduction shall not be effect~ve unless approved by the Californ~a Coastal Commiss~on as well. If the Cal~forn~a Coastal Comm~ssion does not approve a park~ng reduct~oI: author~zed by th~s SectloD 3.6 (a) (lV) I then Owner shall be requ~red to prov~de the requ~red m1.n~muw number of park~ng spaces calculated ~n accordance w~th the formulas contained ~n Sect~ons 3.6 (a} (l) (i1.~) . MASSING ANALYSIS Based on the Plann1.ng Commission hearing, the developer has provided an analys1.s of the proJect goals and four alternat1.ve mass~ng schemes (Attachment D). Each mass~ng scheme analys~s preserves the Lobster Build1ng at its current s~te locat~on. The four mass~ng schemes ~nclude an analys~s of the rev~sed proJect, a rev~sed proJect conform~ng to the condit1.ons of project approval recommended by the Plann1ng Commission, a revised project as recommended by the Pler Restorat1.0n Corporatlon Subcommittee, and a yev1.sed proJect as allowed by the 20n1.ng Ordinance W1.th a 0.5 FAR Scheme :. The revlsed proJect masslng scheme 1S a modlfled version of the proJect plans 1n response to the Plannl.ng Comrniss1.on ~ecommenda~10ns and add~tlo~al comme~ts fyom the Pler Restorat~on CoypOra~lor., Clty Staff and o~her co~~unlty members Scheme 1 analyzes the maSSlns effects Q: ~he rev~sed proJect wh~ch u:creases t.he Co:'orado Avenue sldeyard setback, reta1ns overall 26 proJect Slze of 11,800 square feet and 0.75 FAR, lncreases landscaping, malntalns the 34'1" helght for bUl1dlngs, decreases second floor balcony areas of Buildlngs B. C and D, and basically retalns the deslgn elements of the proposed proJect. The building masslng will be unchanged from the original proposed proJect, except that Building B will be shifted 4'6" south on the slte. The reduction and placement of BU11dlng B wl1l create a larger space between the Santa Monica Pier Brldge. The second floor connectlon of B~lldlngs Band C will remain and provlde a pedestrlan passageway to the western portlon of the slte. The locatlon of BUlldlngs C and D on the southern portion of the slte w1ll also be the same as orlg1nally proposed. The massing and locatlon of the bUl1dlngs will lmpact the Ocean Avenue and Arroyo Vlew corr1dors. Staff belleves th1S masslng scheme 18 the most appropr1ate layout :or the 51 te. The placement of the bUlld1ngs provldes for add1tlonal setbacks and landscap1ng while stll1 allowing for eff1c1ent use of the small, lrregularly shared 81te. The project layo~t e~courages pedestr1aTI access to the plaza and ground floor pedes::r:.an orlentec uses. and the :: lrst floor walkways lead to ~erra~es a:: the wes::ern port1on of the slte. Although the Ocean Avenue v~eW corrldor lS 1mpacted, the proJect provldes a V1sual focus through pedestrlan corr1dors on the flrst floor to terraces 27 that overlook the Santa Monlca Pier and Ocean. Staff l5 recommending approval of thlS scheme with the condltion that the maXlmum helght of bUlldlngs be reduced to 30 feet wl.th the exceptlon of the 17 foot splre prO]ectlon. Scheme 2 The second scheme analyzed the massing of a revised proJect conforming to the cond~ tlons of pro] ect approval recommended by the Plannlng Comrnlssion. The Plannlng Commlssion recommended a 21 foot sldeyard setback on Colorado Avenue, a maXlffium he~ght of 30 feet, and shlftlng the bUlldlng mass to the southern portlon of the slte. As a result, the buildlng conf~guratlons were modifled, and the second floor connectlon of bUlldlng Band C ellmlnated. Further, the bUl1ding mass would be la~ger and central1zed In the southern portlon of the slte. However, thlS bUlldlng relocatlon would decrease the vlsual lmpac~s along the Ocean Avenue and Arroyo (Clty Hall) Vlew corrldor. Th~s masslng scheme would reauce ~he pedestrlan deslgn elements of ~~e s~~e and mlnlmally lIT-prOVe the AY~oyo Vl€W coyrldor. The flrst ::oo~ pedestYlan walkways and the VleW of the Pler and Ocean would be e~lrrlna~ed The pedestrlan orlented elements of the plaza and flrst floor uses WhlCh lnvlte patrons to walk through rather than 28 around the bUllding would be lmpacted The placement of bUlidings at the southern portlon of the s~te would reduce build~ng artlculatlon and create the appearance of one large build~ng ~nstead of four smaller bu~ld~ngs. Scheme 3 The thlrd scheme analyzes the massing of a proJect and focuses on creatlng a dlagonal axis across the property from Ocean Avenue gOlng behind the Lobster Bu~ldlng to the corner of Colorado Avenue and the Hlghway Access Road. The goal of this scheme is to provide a vlsual rel~ef of the development as vlewed from the Santa Mon~ca P~er Br1dge. Th~s scheme would reta1n the revlsed proJect setbacks, create a larger courtyard area between the Lobster Buildlng and other bu~ld~ngs, redeslgn Bu~ldlng B at the northwest corner of the s~te, and comblne bUlldlngs C and D as one bUlld1ng. The placement of the bUlld1ngs would be Slm~lar to Scheme 1 wlthout the flrst floor pedestr1an walkway between BUlld1ngs Band C. The masslng 0: B:':'lldJ..ng B would be c:.rcular wl:.h an :.nterlcr ~cnne~:lO~ to bUlldlng C lcca~ed o~ the southern portlon of the s:.:.e ':":Je open space be:.wee:1 the Lobster bUlldlng and pro] ect b~:.:d:.ngs would lncrease, crea::.ng a larger courtyard The masslng of the bUlld1ngs would be dlstr1buted to the western and southern 29 port~ons of the s~te, and would not reduce 1mpacts on V1ew corr~dors. The massing of this scheme would also reduce some of the pedestr1an or1ented elements of the proJect. The flrst floor retall uses would be distributed to the southern portlon of the site, ellminating the first floor pedestrian corridors. The removal of the pedestrlan corridors to the western portlon of the site would el~mlnate terrace v~ews of the Pier and Ocean. In addition, the dlagonal aX1S through the site may 1mpact the pedestrian nature of the plaza. Scheme 4 Scheme 4 redeslgns the project masslng to meet the requirements of the ZOTIlng Ordlnance. The bUlld1ngs would not exceed 30 feet 1n helgh~, the sldeyard and front yard setbacks would be greater than the revlsed proJect, and landscaping and courtyard space would be lrlcreased The pro] ect would be reduced to 0.5 FAR, thereby redu~lng the total square footage approxlmately 3,900 square feet. The deslgr. elements of th1S scheme are slm1lar to Scheme 1 and S~heme 2 ~he Tass:ng of the bu:ldlngs would be smaller lD square footage for B~:~d:~gs 8, C and D wlth the same deslgn features of the proposed proJect. The reduced square footage wlll minlmlze the scale of the 30 bUlldlngs, although the helgh~ of the structures w1ll be slmllar to the proposed proJect. The masSlng and placement of the structures will still be located on the western and southern portlons of the slte. The reduction of the bUllding square footage w1ll lmprove the southern view corrldor along Ocean Avenue. The Arroyo Vlew corridor from City Hall would be impacted by the development of this scheme. Although thlS massing scheme lS a smaller version of Scheme I, the placement and smaller scale of the buildlngs would affect the pedestrlan orlented uses of the site. The placement of the buildlngs to the western portlon of the slte would reduce the effect1veness of the proJect's pedestrlan orlented elements. The flrst floor retall uses would be setback 35 feet further from Ocean Avenue and would be ellmlnated at the southeast portlon of the slte In add1t1on, the central courtyard would be larger and less deflned, ~mpactlng the pedestrlan nature of the plaza and the balance between open space and bUllt space. CEQA STATUS The p~oJect lS cacegorlcally exemp~ from the provlSlons of CEQA, p~rs~a~~ ~c Class 3(1~) and Class 4(1) of the Clty of Santa Monlca 3u~de:lnes :or Imp:ementat~on of CEQA. The flyst class exemption re:ers tc :he Slze of ~he project The proJect 1S exempt because 1t 1.S less than 15,000 sq. ft. CEQA requlres that If grading 1S 31 2nvolved In such proJects, that the project also meet a second class of exemptlons. A proJect is exempt if the grading is on a lot of less than a 10% slope. The subJect slte has a slope of approxlmately 9%. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.48.110, notice of the public hearlng was mailed to a2.1 property owners and resldential and commercial tenants of property located wlthln a 500 foot radius of the subJect slte. A copy of the notlce is contained in Attachment E As requlred by thlS code sectlon the notlce was also publlshed 1n the newspaper of general clrculation. Bu~GET!FINANCIAL IMPACT The recommendatlon presented 1n th1S report does not have any budge~ C~ flscal lmpact CON:LUSION The proposed Development Agreement wlll allow for the constructlon of a mlxed use commerclal proJect together wlth the preservation of ~he cultural~y slgnlflcant Lobste~ BUlldlng. The uses, which ::":1C_ uoe ~etal:, restaurant, and o::lce, are prlmar:.ly V1Sl tor se~v~ng, canSls~en~ Wlt~ ~he req~lrements of the RVC dlstrlct. ~he locatlor. 0: bUlldlngs and pedestYlan oYlented deslgn elements of the proposed pro) ect presented In Masslng Scheme 1, with a 32 max~mum bu~lding roo:: he~ght. of proJect1on, lS cons1stent with 30 feet and the 17 foot sp~re the requ1rements of the RVC dlstrlct. The placement of ::.he structures lS deslgned to encourage pedestr1an or1entat1on 1n a v1sltor-servlng area. The proJect des1gn 1nv1tes pedestr1an access to the plaza and to the f1rst floor retail uses, while first floor corridors lead to terraces at the western portion of the s~ te. The proj ect is designed to provide a v1sual focus through the first floor pedestrian corr1dor to the terraces that overlook the Santa Monica Pier and Pac1fic Ocean. The 17 foot sp1re prO]ect1on provides a unlque archltectural element conslstent wlth the festlval character of the Pler enVlrons WhlCh would have mlnlmal, lf any, impact on view corrldors. The Development Agreement allows some exceptions to the Zonlng Ordlnance requlrements In order to faCllltate preservatlon of the Lobster BUlldlng, expand publlC access to the slte and to secure contrlbU~lon towards the P1er Promotlonal Fund. In addltlon, the proJect as proposed by the appl1cant requlres amendments to the Local Coastal Program for the bUlldlng and sp1re helght and for the o:::::::.c:e use on the slte As recommended by staff, the proJect regu:.res ~oca: Coas::.al ?rograrr amendments for the sp1re helght and ::he c:::lce use The excep::10~s ::0 ~he Zonlng Ordlnance and the necessary a~endments to the ~ocal Coastal Program are balanced by the preservat1.on of the Lobster BUlldlng, lncrease public access ln 33 the coastal area, and the Pler Promotional Fund contribution. RECOMMENDATION It lS respectfully recommended that the City Councll lntroduce for f~rst read~ng an ordlnance approv~ng Development Agreement 92-001 with the following modifications as proposed by staff: 1. Sectlons 3.1(b), 3 l(c), 3.1(d) and 3.3(b) shall be amended to llmlt the proJect helght to 30 feet with the allowance of a 17 foot spire prO]ectlon. 2. Sectlon 4.4 regardlng Owner's Support For Pier Activities shall be amended as set forth on page 22 of the staff report. It is further recommended that the City Councll adopt a resolutlon approv~ng amendments to the Local Coastal program for the proposed splre proJection and to allow offlce use on the site. Policles 59 and 60 of the Land Use Plan would be amended as follows (the words lnd1cated 1n bold typeface are the proposed new language) : Polley 59 Uses on the Santa Monl.ca Pler platform shall lnclude amusements, V1Sl.tor servlng uses, flshlng, publlC areas, facll1tles for admlnl.stration of the Pler and adJacent water area, cultural or vlsitor informatlon uses, publlc parklng and bed and breakfast uses above the ground floor. New development on the platform of the Pier added a~~er the effec::::ve date of Propos~tlon S shall not exceed :4C ,000 square feet Ll.ght~ng assoclated wlth developmen~ on the Pler shall be deslgned to ffilnlmlze l.mpacts to suyYOUndlng resldentlal uses. No resldentlal uses shal: be perm~tted on the platform of the Pley. Or. othey parcels zoned RVC In thlS subarea all of the above uses sha:l be permltted. On properties fronting on Ocean Avenue, office use may be allowed through a condi tional use permit or development agreement provided 34 the office uses are not located on the ground floor within 50 feet of the street. Resident~al uses may be permitted on these other parcels prov~ded such use 1S not located on the ground floor. Pol~cy 60 BUlld~ng he~ght shall not exceed 2 stor~es 30 feet and the floor area rat~o shall not exceed 1.0. Architectural features may exceed the height limit provided that such features are harmonious with the architectural design of the buildings on the Santa Monica Pier and are approved through a development agreement. FINDINGS 1. The proposed Development Agreement 1S consistent w~th the obJect1ves, pol1cies. general land uses and programs specif1ed 1n the Clty'S adopted General Plan 1n that the proJect meets ObJect1ve 1.5 of the LUCE by expanding v1sitor related uses, wh~le protect~ng resident1al uses in the area through the redevelopment on the property. The proJect 15 setback from th~ adJacent res1dent1al uses and has located the uses 1n the proJect so as to buffer the resldential use from the commerc1al uses by c1tlng the restaurant uses away from the residentlal property. In addltion, the project complles w1th LUCE POllCY 1.5.4 by encouraglng pedestrian act1v1ty along the street frontage by locating the retail use along Ocean Avenue. The proJect lncludes uses orlented to walk 1G traff1c. The property 1S located w1th1n the Coastal zone and reqn~ compllance wlth the C1ty'S adopted Local Coastal Program and revlew by the Callforn1a Coastal CommlSSlon. The proposed Development Agreement requlres amendments to the Local Coastal Program :or the proposed helght of the proJect and the proposed offlce use 1n BUlldlngs C and D. Wlth approval of the Land Use Plan amendments, the proj ect would be conslstent wlth the Local Coastal Program. ?~eDa~ed by S~zanne F~lCk, Ac~~ng Dlrector, LUTM D Ke~yo~ Webs:e~, ?lannlng Manager Amanda Schach:er, Senlor Planne~ ?a~~y McCar~ney, Assoc~ate Planner l>.t tachfTIer:.ts A Mun~c~pal Code and General Plan Conformance 35 B. Plann~ng Comm~SSlon Staff Report, September 29, 1993 C. Plann~ng Commlss~on Mlnutes, September 29, 1993 D. Kilbane proJect Massing Studles, November ll, 1993 E Notlce 0: PubllC Hearlng F Rad~us and Locatlon Map G. Photographs of Slte and Surroundlng Propertles H. Local Coastal Program Land Use Plan Amendment Resolutlon I. PubllC Correspondence J. Proposed Development Agreement K. Plot Plan, Floor Plans and Elevatlonsi Massing Scheme Plans and Elevations f:\plan\share\councll\strut\da92001 revlsed 9/30/93; 12/2/93 36 P&Z.DKW:pm\f.\plan\share\counCll\strpt\daresof C~ty Councll Meetlng.January 24, 1994 Santa Monlca,Callfornla RESOLUTION NUMBER 8712 (Clty Cauncll Ser~es) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM WHEREAS, on August 13, 1992, ehe City of Santa Monlca received a Developmenc Agreement (92-001) appllcatlon to permlt a 11,800 square fooc, mlxed use commerclal development wlth two levels of subterranean parklng located at 1602 Ocean Avenue requlrlng offlce use and helght amendments to the Local Coascal Program Land Use Plan, and ~'ffiEREAS , on September - -0 L..J, 1993, the C:. ty cf Santa Monlca Plannlng COmml.SS10n voted 4-3 with condl-tions to recommend approval of Development Agreement 92-001 and Local Coastal ?rogram Land Use ?lan amendments; and HHEREAS, on January 24, 1994, =he Clty Cauncll adopted and approved Development: Agreement 92-001 to permlt a Mlxed used commerclal development located at: 1602 Ccean Avenue, and to authOY1Ze amendments to c:he Land Use Plan of the Local Coastal Program to facllltate the prOJect; NOW, THEREFOR~, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS ?OLLOWS: SECTION :. ?ursuant to ?ubllC Resources Code Sectlon 30512, ~he Clty Cou~cil adopts the amendments to the Local Coastal Program Land ""Jse ?lan, as set ::orth ::':1 ~xhib:Lt A, attached to this Resol~tlcn, and recommends sUbm:LSSlCn and support of the amendments =c ~he Callfcrn:La coastal CCmm:LSSlcn. SECTIO~ 2. The Clty Clerk shall certlfy to the adoptlon of thlS Resolutlon, and thencefor~h and thereafter the same shall be In f~ll =orce and effect. A??RCVED AS ~O FOro~: 1'\ ~h' J 'i , . ; '~LI...- ~.A-,-,'-- J SEP: :L.h~ENCE , tl~g Cl~y Attorney EXHIBIT A TEXT AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM The Local Coastal Program Lana Use Plan New Development Policl.es #59 and #60 are proposed to be amended as follows (Bold ind1cates new or amended text) ; 59. Uses on ~he Santa Monica P1er platform shall 1TIclude amuse~ents, V1s1tor servlng uses, f1sh1ng, publl.c areas, fac11lt1es for adm~n1stration of the Pler and adJacent water area, cultural OY Vls1tor 1nformatlon uses, publl.c parking and bed and breakfast uses above the ground floor. New development on the platform of the Pier added after the effectl. ve date of Proposl.tion S shall not exceed 140 1000 square feet. L1ght~ng assoclated w1th development on the pier shall be deslgned ~o minimize lmpacts to surround1ng resldentlal uses. No residentlal uses shall be permltted on the platform of the Pier. On other parcels zoned RVC 1n thlS subarea all of the above uses shall be perm~tted, except ~hat on properties frontiDg on Ocean Avenue, office use may be allowed through a develo:rnu=mt agrearrta!lt provided tht=:l> office use is not located OIl the ground floor within 50 feet of the front property line. Resldential ~ses may be permltted on these other parcels prov~ded such use ~s not located on the ground floor 60 Buildinq helqht shall not exceed 2 stories 30 feet and the floor ar:ea rat.lo shall not exceed 1 o. Architectural features may exceed the height limit provided that such features are ha:t'monious with the architectural design of the buildings on the Santa Monica Pier and are approved t:hrough a develo!,lrIlATlt agreement. Amusement rldes shall not exceed a he1ght of 115 feet above the pier deck. ATTACHMENT A ATTACHMENT A MUNICIP AL CODE AND GENERAL PLAN CONFORMANCE Land Use Categorv Element MumCIpal Code Project Pemuued Use VlSltor RetaIl & restaurant Retail, restaurant servmg are permItted, CUP & office; office uses for office on 2nd on 1 st floor of floor not at street Bldg C, not at frontage, office street frontage at ground level street frontage not allowed HeIght of BUlldmg S6 ft 30 ft above ANG 34 ft. 1 m above ANG (SPIre - add'l 17 ft ) Number of Stones 4 .., 2 . Setbacks Fromyard N/A 35 fi EXlstmg - 4 ft Bldg D - 5 ft mInImUm Sldeyard N/A 95ft Bldg B - 95ft minImum (revised) Bldg C - 9.5 ft mIrnmum Rearyard N/A 15 ft 15 ft. Lot Coverage N/A 70% 40% F A.R 25 05 075 Parlang Space Number N/A 90 spaces 90 spaces Compact Parkmg % NfA 40% 51 % Tandem Spaces N/A Not allowed 18 tandem spaces Loading Spaces N/A 1 1 Trash Area N/A Trash enclosure ProvIded In garage With mmunum 5-8' solid walls and gate IS requrred Mechamcal EqUip N/A Mecharucal equipment Must Screerung extendmg more comply than 12" above roof parapet shall be fully screened from a honzontal plane LocanoD of N/A Not permItted on side Must Mechamcal EqUip of buIldmg If adjacent comply to a residential buIldmg on an adJOIrung lot. Fromyard N/A 35 ft from yard Approx 14% of Landscapmg for landscapmg from yd. landscaped m planters U nexca vated N/A 4 ft both Sides 1-5 ft sldeyard Sldeyard 50% landscapmg provided linexcavated N/A NOl ReqUired Not provided Fromyard ATTACHMENT B /'"/ - 00 39 P&Z:DKW:lh:pcwordjda92001 Santa Mon~ca, california Plannlng Comm~SSlon Mtg: September 29, 1993 TO: The Honorable Plann~ng Commlss~on FROM: Plannlng Staff SUBJECT: Development Agreement 92-001 to perrn~t an approx~mately 11,800 sq. ft., m~xed use commerc~al development with two levels of park~ng. Address: Appllcant: 1602 Ocean Avenue John Kilbane INTRODUCTION Action: Application for a Development Agreement 92-001 to con- struct an approximately 11,800 sq. ft., mixed use commercial development at 1602 Ocean Avenue. The proposed uses are retail, restaurant lnclud~ng the sale of alcohollC beverages for on-site consumpt~on, and office. The Development Agreement involves a number of modifications from the Zoning Ordinance requirements for FAR, helght, setbacks, unexcavated yards, and parking. These requested mod~flcatlons are explalned In detall in the staff re- port. In addltlon, the project will regulre amendments to the Local Coastal Program Land Use Plan for the building height and office use. The Plannlng Commisslon in the review of development agreements makes recommendatlons to the City Council on the proJect. Recommendation: Approval. SITE LOCATION AND DESCRIPTION The subJect property is a 15,700 sq. ft. parcel located at the southwest corner of Ocean and Colorado Avenues Just south of the Santa Monlca Pler Br~dge. The property has a frontage along Ocean Avenue of approxlmately 115 ft. The property is zoned RVC (ResIdent~al-Vlsltor CommercIal). surroundlng uses consist of the P~er, Pler Brldge and Palisades Park WhlCh are zoned RVC and OP (Des~gnated Parks) to the north and west, a two-story City-owned apartment bUlldlng In an RVC zone to the south, and the Holiday Inn and RAND CorporatIon WhICh are zoned RVC and CC respectlvely to the east. The property IS bounded by roadways on three sIdes. Ocean Avenue runs along the eastern sIde of the property, the hIghway access road (HIghway 187) parallels the western boundary, and Colorado Avenue as ~t drops down to the ocean parallel to the Santa MO~lca PIer forms the northern boundary of the slte. There are ~wo bUlldlngs at the northeast portlon of the property, known as the Lobster bUlld~ng and the F~sh Market. The rema~nder of the s~te ~s a paved parkIng area. ZonIng Dlstrlct: ReSldentlal-Vlsltor Commerclal (RVC) - 1 - 00 40 Land Use District: Oceanfront District Parcel Area: 14,553 sq. ft. (With the vacation of an alley and the purchase of a triangular city owned parcel and half the alley the site wlll be 15,700 sq. ft.) PROJECT DESCRIPTION The project is the construction of a mixed use commercial project containlng approxlmately 11,800 sq. ft. The proposed uses 1nclude retail, restaurant and office use. The proposed restaurant uses will include the sale of alcohollC beverages for on-site consump- tlon. The project will reta1n the existing Lobster build1ng that is located on the site. Three 2-story buildings will be con- structed that are connected at the second level. Two levels of subterranean parking will be provided, containing a total of 90 parking spaces. CEQA STATUS The project is categorically exempt from the provisions of CEQA, pursuant to Class 3(14) and Class 4(1) of the City of Santa Moni- ca GUldellnes for Implementatlon of CEQA. The first class exemp- t10n refers to the Slze of the proJect. The project lS exempt because it lS less than 15,000 sq. ft. CEQA requires that if gradlng is involved in such projects, that the project also meet a second class of exemptions. A project is exempt if the grading is on a lot of less than a 10% slope. The subj ect site has a slope of approxlmately 9%. RENT CONTROL STATUS There are no controlled rental units on the site. FEES The proJect ~s exempt from the Houslng and Parks Project Mit~ga- tlon fee establlshed by Ordlnance No. 1367 (eCS), based on the fact that the proJect w~1l not result 1n the new construction of 15,000 net rentable square feet of office use or the addition to an eXlstlng proJect of 10,000 net rentable square feet or more of office area. PUBLIC NOTIFICATION Pursuan~ to Munlclpal Code Sect~on 9.48.110, notlce of the publlC hear Ing was na lled to all proper~y owners and res~dentlal and commercIal tenants of property located wlthln a 500 foot radlus of the subJect SIte. A copy of the notlce 1S contalned ln Attachment B. As requIred by thlS code sect10n the notlce was also publlshed In the newspaper of general clrculat1on. Although not speclflca1ly requlred by Code, notlce of the pUblic hearing was posted on the slte. 00 41 - 2 - ANALYSIS Background In June 1992, an Adm1n1strative Approval applicat10n (AA 92-026) was denied by the Zon1ng Adminlstrator for a proposed retaill restaurant project conta1ning 10,200 sq. ft. The app11cation was denied based on the flndlng that the project did not comply w1th the Zonlng Ordlnance requlrement of a 0.5 floor area rat10 (FAR). The arch1tect 1ndicated that the slte was purchased and the proJ- ect was deslgned with a 0.71 FAR based on an lnterpretatlon from staff that the permitted FAR on the property was 1.0. Staff had conf inned the 1.0 FAR standard for the site, but subsequent to submittal of the AA application, research into the City Council's action on the zoning ordinance in 1988 revealed that a 0.5 FAR was intended. The wording and printing format of the Zoning Or- dinance led to the incorrect interpretation of an allowance of 1.0 FAR for the site. These problems have since been corrected V1a a text amendment. In informal dlScussions with members of the Planning Commission and City Council concerning the redevelopment of the site, it was dec1ded by the appllcant that the Lobster bU1lding located at the corner of the property should be retal.ned. Preservation of the Lobster bU1ld1ng was requested because although the building is not a deslgnated landmark, 1t was felt that there is substantial h1stor1cal value and 1nterest to warrant its preservation. The archItect redesigned the proJect to incorporate the Lobster bU11d1ng 1nto the proJect. via the Development Agreement, the developer 1S requesting certa1n modifIcations to the Zonlng Or- dlnance requirements 1n order to retain the Lobster buildIng. Subsequent to the denlal of AA 92-026, and because of the issue wlth the FAR and the des1re to preserve the Lobster building, it was deterrn~ned that a Development Agreement would be the appro- prIate mechan1sm to use for the reV1ew of the proposed develop- ment of the subJect slte Slnce the retentIon of the Lobster bUIldIng, together W1 th the Sl te character1st1cs 1ncluding ltS slope, created unIque aspects for the development. Development Aqreements SectIon 9800 of the Santa Mon1ca Munlc1pal Code prOVIdes for the exeCU~lOD of development agreements pursuant to Art~cle 11, Sec- t10n 7 of the CalIfornIa Const1tutlon and pursuant to Government Code Sect10n 6586~ et. seq. The expressed lntent of the State law IS to prov 1de "... assurance to the applIcant for a development p~oJec~ that upon approval of the proJect, the applIcant may pro- ceed ~lth the proJect 1n accordance WIth eXIstlng pol1cles, rules and regulatIons, and SUbJect to condItIons of approval." In other words, the purpose IS to pro~ect app12cants from changes ~n POll- Cles and ordlnances after approval but before complet1on of the proJect. Although development agreements are most often ut11ized for large proJects Wh1Ch take a number of years to build, state law allows the use of development agreements as a tool to allow - 3 - 00 42 the city and developer to vary development standards that would otherw~se apply to the proJect. S~nce the local Jur~sd~ction rel1nquishes 1ts rlght to change ltS pol~cies and ord1nances in relat10n to a particular proJect for a spec1fied time per10d as well as allows some modiflcations to the development standards, it 1S not uncommon for cities and count~es to require developers to provlde additional amenities and facill- ties which would not be requlred for proJects without development agreements. The proposed Development Agreement lS attached as Exhibit F. Con- d~tions of approval are not included in th1S type of project since the agreement describes what is being approved, required improvements and condit1ons of operation. The Agreement incorpo- rates some of the standard conditions for commercial projects, such as conditions pertaining to on-site alcohol sales and con- struction mitigation measures. Prolect Desiqn The site is currently 14,553 sq. ft. in area, made up of five individual parcels. The City owns a small triangular piece (347 sq. ft.) at the southwest corner of the s~te. An alley exists on the adjacent parcel. The proposed project assumes the vacat~on of this alley. Because the City owns a parcel adJacent to the alley, half of the alley would revert to the City. The developer intends and the Development Agreement contemplates the purchase from the City of the triangular piece owned by the City as well as the half of the alley wh~ch if vacated reverts to the city. Assuming the alley vacat~on occurs and the purchase of this portion of the property by the developer, the property will be 15,700 sq. ft. in size. Currently there are two bu~ldlngs located on the subject proper- ty. The proposed proJect 1ncludes the demolition of the Fish Market bU1ld1ng and the preservat10n of the Lobster build1ng (lo- cated at the northwest corner of the site). Three two-story bUlldlngs \01111 be constructed 1n a U-shaped format~on on the rernalnder of the slte. The new buildings will be llnked at the second story. Two levels of parking will be provided below the commercial bu~ldlngs. The park1ng w1ll extend beyond the building footpr1nts and Will be bUllt to the property l~nes wlth the except10n of the southern property 11ne. A 5 foot wlde unexcavated sldeyard ~s proposed along the southern property line. Access to the slte lS from Ocean Avenue along the southern property 11ne. Del1very ac- cess only w~ll be allowed from the highway access road (Hlghway 187) . The three ne~ comrnerclal bU1ldlngs (Bu1ld1ngs B, C and D) are two stor~es ~n he~ght above Ocean Avenue. Building B, which ~s paral- lel to the P~er Br~dge, w~ll be used for restaurant(s). Build~ng C w~ll be occup~ed by retail and office space on the first floor and off l.ce space on the second floor. Build~ng 0, which fronts .. 00 43 - 4 - along Ocean Avenue, will have retail uses in the first floor and office use on the second floor. The bU11d1ngs are art1culated, w1th the second story being offset at the front, rear and the northern side yards (along Colorado Avenue). The second story of the build1ng on the southern slde of the property 1S cantilevered over the driveway. There are second story balconies proposed around the buildings, with the exception of the side of the bU1ld1ng fac1ng the adjacent apartment building. The plaza, which will be approxlmately 2.5 feet below the level of Ocean Avenue, w1l1 be predom1nantly hardscape Slnce it is lo- cated above the subterranean parking structure. This will create a terrace at the rear portion of the site because of the slope on the property. Several landscape islands are proposed in the front portion of the site, three along Ocean Avenue, one along the Colorado Avenue side, and one in the center of the site. As stated above, the project will be sllghtly below the level of Ocean Avenue. The slte slopes down towards the ocean, with about a 12 foot grade different1al from the front of the property to the rear. With the slope of the s~te and the use of subterranean park1ng the exterl.or facade of the parklng structure creates a wall that gets 1ncreasingly h1gher as one walks towards the high- way access road. At the rear of the s~te there will be approxi- mately 1.0 feet of the garage wall visible. From the rear the proJect will appear to be a three story development. The arch1tect/s 1ntent1on 1n the deslgn of the development is to tie the proJect 1nto the P~er development since it is located at the entrance to the Pier. The arch1tect has ~ncorporated some of the deslgn elements of the Carousel building into the project. ComplIance wlth the Zonlnq Ordlnance As described above, the use of a development agreement allows the mod1flcatlon from requlrements 1n the Zoning Ord1nance. The developer ~s requestlng the modlflcat1on to the floor area ratio (FAR), uses, helght, setbacks, parklng, and unexcavated yard re- qulreroents for the RVC DIstrIct. The developer 15 requesting these modlflcat~ons ~n return for the preservation of the Lobster build1ng. Uses and Hours of Operation The proposed Developmen~ Agreement WIll allow the bUIldIngs to be used for retaIl, restaurant and offlce uses. Retall uses wlll be locat.ed or. the ground floor of BUlldlngs C and D. General and specIal ty of: lee uses wlll be locat.ed ln the ground floor of BUlldlng D and on the second floor of BU1ld~ngs C and D. Res- taurants wlll be located 1n BUlldlngs A and B. The Development Agreement wlll l~m~t the number of restaurants to three on the property and wlll allow for the sale of alcoholic beverages for on-s1te consumpt1on. 00 44 - 5 - The Zonlng Ordinance requlres a conditional use permit for offlce use in this zone, provided the use is not at the ground level along a street frontage. Offlce use is proposed ln the proJect on the second floor of BU1ld1ng D and on the flrst and second floors of Buildlng C. The ground floor of Buildlng C 1S located approxl- mately 62 feet from Ocean Avenue. The buildings along Ocean Avenue will have retail and restaurant uses at the ground floor. The purpose of this code section is to locate pedestrian oriented uses at the street frontage. Glven the locatlon and orlentatlon of the buildlngs on the property I the intent of the code is satisfied. The retail and restaurant uses are allowed ln the RVC Oistrlct. The Zoning Ordlnance requlres a conditional use penn t for the sale of alcoholic beverages for on-site consumption. The Develop- ment Agreement would allow the sale of alcoholic beverages in the three proposed restaurants. This is discussed below. The Develop- ment AgreeDent includes conditions that are imposed for uses that involve the sale of alcoholic beverages. The developer has proposed that the retail uses would he open for buslness from 10:00 a.m. to 10:00 p.m. The hours for the res- taurants would be from 8:00 a.m. to 12:00 midnight. Office uses would be from 8:00 a.m. to 6:00 p.m. Alcohol Licenses In Area Wlth~n a 500' radius of the s~te, there are: one Type-21 (off- sale general), one Type-40 (on-sale beer), four Type-41 (on-sale beer and w~ne for public eatlng place) alcohol licenses, and six Type-47 (on-sale general for publ~c eatlng place) alcohol licen- ses. These ~nclude the followlng: Type-21 (Off-Sale General) Establlshment Address Shlraz L~quor 1646 Ocean Avenue Type-40 (On-Sale Beer) Establlshment Seats Address Merma~d Cafe ~2 1557 Ocean Front Walk Type-~l (On-Sale Beer and W1ne for PubllC Eatlng Place) Estab~J.shrnent Seats Address B~g Deans Cafe 64 1613 Ocean Front Walk La Fonda 38 1660 Ocean Avenue Bruno's Ital1ar. Rest 30 1652 Ocean Avenue V~scont1 157 1541 Ocean Avenue - 6 - 00 4 t', .~ Type-47 (On-Sale General for Public Eating Place) Establishment Seats Address Windows at the P~er Chez Jay Kenny's Steak House Ivy at the Shore Zenzero I Cug~n~ 72 62 112 195 85 295 120 Colorado Avenue 1657 Ocean Avenue 1551 Ocean Avenue 1541 Ocean Avenue 1535 Ocean Avenue 1505 Ocean Avenue Pollee Department Comments The Police Department did not express concerns regarding the al- cohol outlets proposed as part of the project given the nature of the proposed restaurants. The Police Department in reviewing the plans indicated that there are no security concerns with the pro- posed layout of the buildings. Ne~ghborhood Compat~bility The slte lS located at the entrance of the Santa Mon~ca Pier. The area ~s a mlxed use area, wlth restaurants, retail, hotel, of- flce, and resldentlal uses w~thln 500 feet of the s~te. The adja- cent use to the south of the site is an apartment building. There are no schools or churches within 500 feet of the subject property. However, Pallsades Park lS located to the north of the slte, across Colorado Avenue, and the State beach is with~n 500 feet of the site. Whlle there are a number of establishments with alcohol licenses ln the area, these facllltles do not serve only the residents in the area. The sUbJect property ~s located Just outside the Down- town area and at the entrance to the Pler. The s~te lS in an area that 1S Vlslted by tourlsts and frequented by residents of the CIty, workers In the area, and resIdents of surroundIng clties. The purpose of the RVC DIstrIct 1S to provIde v1s1tor serv1ng uses, such as retall and restaurants, whIle preserving the exist- lng res~dential mix ln the area. FAR The Zonlng Ord1nance allows a 0.5 FAR on the property. The pro- posed p~oJect has 11,800 square feet of floor area on a slte of l~,~OC sq. ft., ~hlCh 1S a 0.75 FAR. If the proJect were Ilmlted ~c C.5 FAR It would result In 7,850 sq. ft. of bUlldlng, or 3,950 sq +~ less than what IS proposed. HeIght The helght Ilml t Ocean Avenue 15 Average natural of a property. ~n the RVC DlstrJ.ct for parcels fronting on 30 feet measured from average natural grade. grade 15 the averagJ.ng of the four corner po~nts Thl.s creates a hor~zontal plane from which the - 7 - nr. 4[: building height and number of stories are calculated. The average natural grade does not relate to the slope of the property. Therefore, on propert~es W~ th a s~gnificant slope, such as the subject slte, the average natural grade may be several feet above and below the ex~stlng grade. Because of the lrregular1ty of the Slte four points were selected to calculate average natural grade rather than using corner points. There ~s approx1mately a 12 foot differential 1n the elevation of the site at Ocean Avenue to the rear of the slte along the h1ghway approach. The elevat~on of the slte ~s approximately 57 feet along Ocean Avenue and drops down to approx~mately 45 feet at the western property llne. The average natural grade 1S 51.14 feet. The proposed proJect is 34 feet 1 lnch above average natural grade, or 4 feet 1 inch above the Zoning Ordinance limit of 30 feet. In addition, a spire is proposed on the link between Build- ings Band C which is 17 feet above the roof of the building. Setbacks The Development Agreement would allow a modification to the front and sideyard setbacks. The required front yard setback from Ocean Avenue is 35 feet. The purpose of this setback is to allow a wide landscape str1p along Ocean Avenue. However, the existing Lobster bu~ld~ng I wh~ch will be preserved, is located 4 feet from the front property line. Build~ng 0, which fronts along Ocean Avenue, is located at tne closest point 5 feet from the property line. It is only one point that is located th1s close, as the remainder of the building projects back from the point at an angle. The requ1red sideyard setback 1S 9.6 feet based on the formula prov1ded 1n the Zoning OrdInance. The required sideyard setback 1S met at the southern s1de of the property. On the northern side of the property along the alley the existing Lobster building is located 4 feet from the property llne; Building B wlll maInta~n a 5 foot s~deyard. However, BU11d1ng B lS located adJacent to Colorado Avenue. Unexcavated Yards SectIon 9.04.10.02.170 of the 20n1ng Ord1nance requires two four- foot WIde unexcavated s1de yards. There 1S also interim Ordinance 1675, which requ1res an unexcavated front yard. Both the Or- d~nance section and the Inter1m ordInance requ1re that 50% of the unexcavated yards be landscaped. The subterranean park~ng garage for the proJect w1l1 cover the ent1re SIte with the exceptIon of a fIve foo~ str1p along the southern SIde of the property. There- fore, the Development Agreement allows a mod~f1cat~on to the code and Inter II:' ordInance reqUIrement to provide unexcavated front and SIde yards and to landscape 50% of these areas. Park1.ng The Development Agreement also Includes some modIfications to the parkIng requ~rements for the use of tandem spaces and the amount of compact spaces. ThIS 1S d1scussed In more detaIl in the Park- lng and C~rculat1on sectl0n. - 8 - 0(\ 47 compliance with Local coastal Program (LCP) and Land Use and cir- culation Element CLUCE) The s~ te lS located w~th1n the coastal zone and as such 1S covered In the LCP. The property 1S located in Subarea 2, the Santa Mon1ca Fler. The site 1S deslgnated as Res1dent1al-V1sitor commercial. Uses permitted in the LCP include amusements, vis1tor serv1ng Uses, flshing, publ1C areas, facilities for administra- t10n of the P1er and adJacent water area, cultural or V1s1tor informat1on uses, public parklng, bed and breakfast uses above the ground floor, and resident1al uses above the ground floor. The proposed retail and restaurant uses fall wlthin the v1sitor serving category and as such are allowed by the LCP. However, the proposed office use lS not allowed by the LCP. An amendment to the adopted LCP is required 1n order for the office use to be allowed in the project. The LCP also provides general development standards for the dif- ferent subareas within the coastal zone. In Subarea 2 development 1ntenslty 1S 11mited to two story buildings, with a 30 foot helght 11m~t and a 1.0 FAR. The proposed proJect is two stories, w1th a 0.75 FAR, but exceeds the 30 feet allowed by the LCP. The height 1S measured from the average natural grade, which is an average of four corner points of a site. Port~ons of the build- 1ngs are 34 feet 1 lnch above average natural grade. In addition, there lS a 17 foot sp~re proposed on the port~on of the building that 1S the l~nk between Build~ngs C and D. An amendment to the he1ght 11m~ t in the LCP is required for the portions of the buildings exceed1ng 30 feet and for the proposed architectural element. The LCP has a Scen1c and VJ.sual Resources Map which identifies scenIC corrIdors. A scenIC corridor is identif1ed along Ocean Avenue, runnIng 1n a north/south d1rect~on and along the 10 free- way, runn1ng towards the ocean. The ObJective of the visual cor- r1dor 1S to prOVIde VIews along the rJ.ghts-of-way to the moun- taIns and the ocean. The proJect does not obstruct the V1ews to the ocean along the rIghts-of-way from Ocean Avenue s~nce the bUlld1ngs are not located WIthIn the rlght-of-way. Any develop- ment on the S1 te w1ll reduce the Vl.ew of the ocean across the property s~nce the eXIstIng bUl1d1ngs on the sIte are one story and do not occupy much area. The proJect ~s designed to allow a Vl.ew through the Slte to the ocean from Ocean Avenue at the cen- ter of the sIte. The VIew corrIdor IS created by the bUIlding l1.n,_ at the second floor between BUJ-ldlngs Band C. The C:ty's approval of the Development Agreement lS contIngent on obtal~lng approval from the Callforn1a Coastal Commlss~on of modlflca~lons to the CIty'S LCP for the heIght of the bUIld1ngs, Includ:ng the spIre, and the o::lce use on the SIte. The Develop- men~ Agreernen~ In Sect~on 3.J(d) reqUIres that the C1ty make an apP:lca~lon to the Coastal ComrelSSlon for the necessary reVlSlons to the LCP WIthIn 60 days of the effect~ve date of the develop- ment agreement. The property 1S located In the area ident1fied ~n the LUCE as the Oceanfront Dlstr1ct. Ob)ect1ve 1.5 of the LUCE is to: tfExpand - 9 - 00 43 visitor accommodations and related uses in the Oceanfront area, while protecting the exist1ng residential mix." The proJect pro- Vldes visltor servlce uses through the retail and restaurant uses proposed on the s~te. Wh~le there 15 office use in the proJect, the off1ce use ~s located on the second floor adJacent to the street and In the BUlld~ng C away from Ocean Avenue. Policy 1.5.8 provides development intensities for the Ocean Avenue frontage west of Downtown and the area between Ocean Avenue, the Promenade, the Pler, and pico Boulevard. The proJect complies with the development ~ntensities allowed ~n LUCE of 2.5 FAR and 4 stories, 56 feet ln helght on the subject property. The LUCE Policy 3 _ 5 _ 5 states that as buildings recycle they should be set back on the west side of Ocean Avenue south of Colorado to accommodate trees and generous landscape strips where possible. The Lobster building is being preserved in its existing location. A portion of Building D which fronts on Ocean Avenue is located 5 feet from the property line. However, only the point of the building is that close to the property line. The building projects back at an angle away from Ocean Avenue allowing for landscaping and stairs between the Lobster building and Building D. Parklnq and Circulat~on Vehicular access to the site is provided from Ocean Avenue, along the southern side of the property. The exit onto Ocean Avenue is limi ted to a right turn only. A one way, "enter only, II access wlll be provided from the hlghway access road along the western side of the property_ Th1S enter only access will be limited for use by del1very veh1cles. Other people using the site will access the property from Ocean Avenue. A roadway eXlsts between the slte and the Pler bridge. The road- way ~s be~ng retalned and wlll be used to prov~de access to Ocean Avenue for the res1dents of the apartment buildlng to the south of the sUbJect property. W1thout th1S roadway, c1rculation for the res1dents of the apartment bUl1ding would be limited. Without use of the roadway, res1dents would eXlt the apartment s1te onto the hlghway access and be forced to go onto Pac~f1c Coast Highway each t1me they left the apartment complex. Parklng for the proJect wll1 be provlded 1n two levels of parklng belo~ the bUlldlngs. A totdl of 90 spaces are prov1ded, 43 spaces on the flrst level and ~7 spaces on the second level. The 20n1ng Ordlnance allows the use of 40% compact spaces 1n commerclal developments. The proJect as proposed wlll have 46 compact spaces, or 51% of the parklng. The Development Agreement would allo~ for the lncrease In the use of compact spaces. The Zonlng Ordlnance allows the use of tandem park1ng for commer- c1al development though the approval of a reduced parking permit. However, the code only allows such an approval of tandem if: 1) the proJect requlres 250 or more park~ng spaces~ 2) no more than - 10 - 00 4 "', 20% of the total number of spaces is in tandem and; 3) an atten- dant 1S on duty dur~ng the hour the building is open for bUS1- ness. The proposed proJect has 9 sets of tandem park1ng spaces on each level for a total of 18 tandem parking spaces, which rep- resents 20% of the requ1red park1ng. This means that 18 spaces are blocked by another space. The tandem spaces are all compact 1n S1ze. The use of tandem park1ng, as well as the amount of tan- dem is a modif1cation to what is allowed in the Zoning Ordinance. The developer has indicated that a parking attendant will be on site during the hours that the businesses on the site are open and this 1S 1ncluded 1n the Development Agreement (Sectlon 3.6(c)). G1ven the locatlon of the property, it is anticipated that people visiting the site may arrive on foot. In addition, with the mix of uses, the peak of the various uses generally occurs at dif- ferent times. The peak for office use is during the day and ends at 6:00 p.m., while the peak use for restaurants generally occurs after 6:00 p.m. The code requ1res one load1ng space for a commercial project of th1s size. A loading space is provided at the entrance to the garage from the highway access road. The location of the loading space has been approved by Park1ng and Traff1c. Ne1qhborhood compat1bll~ty The property to the south of the subj ect site is owned by the City and is occupied by an apartment building. The driveway for the proposed proJect is located along the southern property line. BUlld1ngs C and D are located parallel to the southern property ll.ne and are setback from the property line 18 and 25 feet respect1vely. The subterranean garage projects into this area and 1S located 5 feet from the property 11ne. This 5 foot unexcavated slde yard will allow for a 5 foot landscape buffer strip. Commerclal uses adJacent ~o resldentlal uses can result ~n con- flIct because of the nOlse from the commercial uses and the dif- ference ln hours. The uses 1n BUlldlngs C and D adjacent to the resldentlal use are llmlted to retall and off1ce. These buildings provlde a buffer trom the restaurant uses WhlCh will be more ac- t1ve dur1ng the even1ng hours. Other The General Servlces Department and the Parklng and Traff1c D1V1- SlOT:: have revlewed and approved the plans and prov1ded 1nput durlng the deslgn and preparatlon of the Development Agreement. Exhlb~~ F of the Developmen~ Agreement l1sts the publlC lmprove- ments that are requlred as a part of the proJ ect. Wh1le the Pollee Department dld not express concerns regardlng the part1cu- lar aspects of th~s proJect, a general concern regardlng the need to lmprove cIrculatIon In the area, 1ncludlng ColoradO west of 4th Street, Ocean Avenue In the v1cin1ty of the Pier, and App1an Way was noted. The 1tems on the list 1n Exhibit F are standard for the development of thlS property. The only item that is addi- t10nal is Item 10 which requ1res a $10,000 contribution for - 11 - 00 5:1 w1dening of Santa Monica P1er, which is intended to enhance pedestrian access to the Pler. Proposed Development Agreement The proposed Development Agreement, WhlCh 1S 1ncluded as Attach- ment F, 1S lengthy and includes a wide range of issues that must be addressed with this type of project. The parts pertaining to the plann1ng lssues dlscussed ln thlS staff report are located in the flrst part of the document and include a description of the property, a descrlptlon of the proJect and uses, proJect ml.tl.ga- tlon measures and improvements I and reference to the length of time that the approvals are valld. The Agreement first describes the property and the sale of the City owned land to the developer. The Agreement describes the location and design of the Duildings and refers to the architec- tural drawings. The Agreement allows the retail, restaurant, and office uses in terms of each of these uses not exceeding a maxi- mum amount of square footage. This will provide some flexibility ln the leaslng of the space. However, the mix of uses in the project at all times cannot result in a greater demand for park- ing than that which is provided. This will require monitoring of the uses 1n the space as uses apply for bus~ness licenses. Because the approval ~s contingent on amendments to the Local Coastal Plan, the Agreement lncludes a requirement that the City apply for the necessary amendments within 60 days of the effec- tlve date of the Agreement. If the amendments are not approved by the Callfornla Coastal Commlss~on, the Development Agreement will need to be amended. ConclU5lon The proposed Development Agreement will provlde a mixed use com- merclal development on the subJect slte. The uses, Wh1Ch include reta11, restaurant, and office, are prImarily residentIal-visitor servlng. The Development Agreement allows some exceptions to the ZonIng Ordlnance reqUIrement for the redevelopment of the s~te. In add1tIon, the proJect requlres amendments to the Local Coastal Program for the bUlld1ng and splre helght and for the office use on the Sl te. The exceptlons to the Zoning Ordinance and the necessary amendments to the Local Coastal Program are balanced by the preservatIon of the Lobster BU11dl.ng. RECOMMENDATION It IS recommended that. the Plarrnl.ng Cornm1sslon as requ1.red In SectIon 9.48.1JO of the 20n1ng Ord1nance hold a publlC hear1ng on the proposed development agreement and make a recommendatlon of approval to the Clty Councll. The code states that the recommen- datIon shall l.nclude whether or not the agreement meets the s~x Cr1.ter1a d~scussed below. It 1.S recommended that, in addition, the Planning Commisslon recommend that the Counell approve the amendments to the Local Coastal Program for the proposed he1ght of the buildings and the - 12 - 00 51 sp1re and to allow office use on the site, speciflcally to amend two policles of the Land Use Plan as follows (the words lndlcated ln bold typeface are the proposed new language): POllCY Uses on the Santa Monlca Pler platform shall lnclude 59 amusements, v 151 tor serving uses, f lshing , publlC areas, facilities for administration of the Pier and adjacent water area, cultural or v~sitor informatlon uses, public parklng and bed and breakfast uses above the ground floor. New development on the platform of the pier added after the effect1ve date of Proposition S shall not exceed 140,000 square feet. Llghting associated with development on the Pler shall be deslgned to mlnlmize lmpacts to surround1ng resldential uses. No residential uses shall be perm1tted on the platform of the Pier. On other parcels zoned RVC in this subarea all of the above uses shall be permitted. On properties frontinq on Ocean Avenue, ~ffice use may be allowe4 through a condi tional use pend t or development agreement provided tbe otfice uses are not located on tbe ground floor within 50 feet of the street. Residential uses may be per- mi tted on these other parcels provided such use is not located on the ground floor. POllCY 60 BU11d~ng he~ght shall not exceed 2 stories 30 feet and the floor area ratio shall not exceed 1. 0, ezcept that on properties with a ainimum of a 10 foot gra4e differential, an additional 5 feet in height may be approved throuqh a development agreement. Architectural features may exceed the height limit provided that such features are harmo- nious with the architectural desiqn of the buildings on the Santa Monica Pier and are approved through a develop- ment agreement. Amusement rides shall not exceed a height of 115 feet above the Pler deck. FINDINGS 1. The proposed Development Agreement 15 cons1stent with the obJect1ves, pollcles, general land uses and programs spec1fled In the C1ty's adopted General Plan in that the proJect meets Ob)ectlve 1.5 of the LUCE by expanding v~si- tor related uses, while protecting residential uses in the area through the redevelopment on the property. The proj- ec~ 1S setback frorr the adJacent resldentlal uses and has located the uses 1n the proJect so as to buffer the ~esIden~lal use fror the commercIal uses by 51 t1ng the res~au~an~ uses a,.;ay fro. the resIdentlal property. In addltlor., t.he pro)ec": coppll.es wlth LUCE Polley 1.5.4 by en~ou~aglng pedestrian aC~lvI~Y along the street frontage by locat1ng the reta11 use along Ocean Avenue. The proJect ~ncludes uses orIented to walk In traffIC. The property ~s located wlthln the coastal zone and re qU1res compl1ance with the C1ty'S adopted Local Coastal Program and reVlelN by the Callfornia Coastal Commission. The proposed Development Agreement requires amendments to - 13 - no 5'"' the Local coastal Program for the proposed height of the project and the proposed offlce use in Buildings C and D. w~th approval of the Land Use Plan amendments, the proJect would be consistent ~lth the Local Coastal Program. 2. The proposed land uses outl1ned in the Development Agree- ment are compatible with the uses authorized in the RVC district in which the real property is located. The RVC Dlstrlct allows off lce use except at the ground level along a street frontage. Office use is proposed at the ground level of BU11dlng C, WhlCh is located approxlmately 60 feet from Ocean Avenue and 1S located behind Build1ng D Wh1Ch will have retail at the ground floor. 3. The proposed Development Agreement is in conformity wlth the public necessity, public convenience, general welfare, and good land use practices in that the project will pre- serve the existing Lobster Building and will provide residential-visitor serving uses at the property located at the entrance to the Santa Monica Pier, which is consis- tent w1th the Land Use Element, the Land Use Plan, and the Zoning Ord1nance. 4. The proposed Development Agreement will not be detrimental to the health, safety and general welfare in that the Development Agreement conforms to the City'S General Plan. The proJect 1ncludes off site improvements which will en- hance pedestrian movement in the area. 5. The proposed Development Agreement will not adversely af- fect the orderly development of the property. Redevelop- ment of the site as proposed is a logical and orderly use of the S1 te and 1ncludes the retention of the Lobster Buildlng. The s1te is currently occupled by vacant build- Ings and a paved par)Clng area. The proJect lS designed archi tecturally to v~sually t1e the site to the Santa MonIca PIer. 6. The proposed Development Agreement wl1l have a pos1t1ve fIscal 1mpact on the CIty as 1t lnvolves the redevelopment of a slte, addlng substantIal Improvements Wh1Ch will result 1n 1ncreased property, sales, business license, utllity, and other taxes as compared to the lim1ted revenues derIved from the eXIstIng lmprovements. The pro)- ect also Includes a $10,000 contrIbutIon towards w1dening of the Santa MonIca PIer brIdge, WhICh IS 1ntended to en- hance pedestrian access to the Pier. Prepa~ed by: D. Kenyon Webster, PlannIng Manager LUCl H1se, ASSOCIate Planner - 14 - 00 5::1 Attachments: A. Munlclpal Code and General Plan Conformance B. Notlce of PubllC Hearlng C. RadlUS and Location Map D. Photographs of Slte and Surrounding Properties E. Public Correspondence F. Proposed Development Agreement G. Plot Plan, Floor Plans and Elevations PC/da92001 09/22/93 - 15 - 00 5~ ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Permitted Use Land Use Blement VisJ.tor serving uses Municipal Code RetaJ.l & restaurant are permitted: CUP for office on 2nd floor not at street frontage: offJ.ce at ground level street frontage not allowed Height of Building 56 ft. 30 ft. above ANG Number of stories Setbacks Front yard SJ.deyard Rearyard Lot Coverage F.A.R. 4 N/A N/A NjA NjA 2.5 ParkJ.ng Space Number N/A Compact Parklng % Tander- Spaces LoadIng Spaces T~ash Area MechanJ.cal Equip. Screening N/A N/A N/A N/A N/A 2 35 ft. 9.6 ft. 15 ft. 70% 0.5 90 spaces 40% Not allowed 1 Trash enclosure ~Ith mlnlmum 5-8~ SOlId walls and gate ~s requ~red. MechanJ.cal equJ.p- ment extendlng more than 12" above roof parapet shall be - 16 - project Retail, restaurant & offJ.ce: office on 1st floor of Bldg. C, not at street frontage 34 ft. 1 in. above ANG (Spire add' 1 17ft.) 2 Existing - 4 ft. Bldg. 0 5 ft. minimum Bldg. B - 5 ft. mJ.nimum Bldg. C - 9.6 ft. minimum 15 ft. 40% 0.75 90 spaces 51% 18 tandem spaces 1 Provlded J.n garage Must comply 00 5~ Locatlan of NjA Mechanlcal Equlprnent Front yard Landscaping N/A Unexcavated Sideyard N/A Unexcavated Front yard COrd 1675) N/A fully screened from a horIzontal plane. Not permitted on side of bUlldlng if adJacent to a resIdentlal bUlldlng on an adjoining lot. 35 ft. front yard for landscaping 2 4-ft. sideyards required Required - 17 - Must comply Approx. 14% of front yd. landscaped In planters 1-5 ft. sideyard provided Not provided nn 5r AH:ach".enll:1 OFFICIAL NOTICE OF PUBLIC HEARING Subject of Hearing: Development Agreement 92-001 1602 Ocean Avenue, Residential-Visitor CQmm4rcial (RVC) District Appllcant: John Kilbane & Associates, Inc. A Publ~c Hear~ng will be held by the Planning Cornm~SS10n on the followlng request: Appllcation for a Development Agreement to allow the construction of a two story, 11,800 square foot office/retail/restaurant project with two levels of subterranean parking for 90 cars. The three proposed restaurants in the project would allow on-site consumption of alcoholic beverages. The Development Agreement would allow mod1fications from the Zoning ordinance for floor area ratio, he~ght, setbacks, unexcavated s~de yards, parkl.ng, and uses. In addition, the proJect will require amendments to the Local Coastal Program Land Use Plan for the height and off~ce use on the s1te. TIME: WEDNESDAY, september 29 , 1993 AT 7:00 P.M. LOCATION: COUNCIL CHAHBER, ROOH 213, CITY HALL, 1685 lIAIll STREET, SANTA HOIlICA, CALIFORNIA The C~ty of Santa Mon~ca encourages public comments. Interested persons may comment at the hearl.ng, or by writing a letter. Letters should be addressed to: PlannIng DivI~lon, Room 212 1685 Ma1n Street Santa Mon~ca, CalIfornIa 90401 Attn: LUCI HIse, Assoc~ate Planner AddItIonal InformatIon may be obtal.ned from the PlannIng and ZonIng D~vIsIon. To request reVIew of a proJect file and/or for more Information, please call (310) 458-8341. The rnee~lng faClllty IS handlcapped accesS1ble. If you have an) speCIal needs such as SIgn language ~nterpret~ng, please ccr.~ac~ the OffIce of the Dlsabled at ~58-8701. Pursuan~ ~c Callfornla GDVe~n~ent Code SectIon 65009(b) , If ~h~s na~ter 1S subsequently challenged 1n Court, the challenge may be llm1ted to only those 1ssues ra~sed at the Publ~c HearIng descrIbed 1n thIS notIce, or 1n wrltten correspondence delIvered to the CIty of Santa Mon1ca at, or prIor to, the PublIC Hearlng. - 1 - 00 57 ATTACHMENT C // ... 00 53 v~ f'-~ : 1; r ~ E. 5 S~~==ri~ ~~E~:~~ C~ TEE ?~~ING COMMISSIOK 8? ~~~ ~=~: 2? S~~~~ ~O~::A WSDNSSDAY, SEPTEMBER 29, 1993 CITY COUNCIL CHAMBERS ~ j:- ~ ~A "'-" -... - .... RCOV ~13, c=~: RAL~ ---------------~----------------------~-------------------------- 6:30 P.M. - STUDY SESSION TRANSPORTATION MANAGEMENT PLAA NEXUS STUDY Planninp Commission comment on the capItal imDrovement Dro2falIl to be included m the Transportation Management Plan (TMP) Nexus Study as Dan oftl;te new commercial development Impact fee associated With the TMP ordInance Chau Mechur convened the study seSSIOn at 6 40 P m Followmg a staff repon by Paul Casey, Transportauon Planner, the followmg members of me publIc spoke Frank Gruber, 415 Manne Street. Santa MOnIca 90405 Lou Moench. 1018 Montana Avenue, Santa MODIca 90403 Barbara Filet, 1211 MichIgan Avenue, Santa Moruca 90404 Jane Spiller, 2539 6th Street, Santa Momca 90405 The COImmsslOn asked staff a senes of questions regardmg the study. After some dISCUSSIon, the consensus reached by the CommissIOn was that maxlIllum flexibility was needed for the nexus study Other Issues diSCUSsed and raised InCluded the Issues of transponatlon systems, alternate means of rransponatloD (I.C: non-automobile, shuttles. lIght rail. etc.), funding for aile mate means of traruiportauon plans and systems. explorauon of "traffic calmine", and the s~ope of capital Improvement projects contamed In the nexus study Mr Berlant stated that the Commission s concerns would be related to lhe City Councll CALL TO ORDER The meeang was called to order al 7.28 p.rn by Charr Mechur .., PLEDGE OF ALLEGIANCE ComnllsslOner Zmner led the Pledge of AJleglance -: ROLL CA.LL Presem Kennett BreJ';cr. kJirr \1t.._bu~ Pam::l..: () (('nnw [n~ J'Jrk~ Th('mJ" p\ n~ h.1':1', \\. :;remlu~ Johr ZInner Also Present Jud: Abdo. Mayor. CllY Council Liaison Paul Berlam. DIrector of Plaruung I 00 59 '. ... ?~ol -<.. c~ Benaud Deputy CIty Attorney ___ ~~1l] Bt!ett, General Services Paul Case]. Transporta(lOn Planner Paul Foley. AssocJa(e Planner Suzanne Fnck, Planmng Manager/PPD Amanda Schach(er, Semor Planner Mar:" Strobel. Deputy City Anomey Kenyon Webster, Plannmg Manager 4 APPROV AL OF MINUTES Mmutes were not submItted for approval 5 PLANNING DIRECTOR'S REPORT: Mr Berlant gave the DIrector's Repon. He stated that the City Council had approved and adopted the Housing Element Without changes and will be sent on to the State for approval. He also stated that the City Council had approved the Mid-CIty NeJghborhood Traffic Plan He noted that thIS approval wIll reqUire an amendmem to the Land Use and CIrculatIon Element (LUCE) and WIll be commg to the CommISSion for reVIew prior to CIty Council approvaL Mr Berlant requested tba( Item 8D be moved up m the agenda to allow a staff member (0 leave early ComnllssIOner Pyne made a motion to hear Item 8D after the consent calendar IIems COInInISSlOner O'Connor seconded the motion, which was approved by v01ce vote Fmally, Mr Berlant stated that tlus would be Ius fInal ComnussIon meetmg pnor to his departUre from the en)' He expressed hiS pleasure m workIng with the ComrrusslOn dunng hIs [enure ChaIr Mechur expressed hiS thanks for Mr Berlant's help dunng IDS tenure and WIshed hun well m Ius new endeavor CommiSSioner Pyne relteI'2.t~1i Cbarr Mechur"s sentIments, as dId the other ComnnsslOners Chair Mechur asked Mr Berlam about the next COmnllSSlOn meeung on October 6th Mr Berlam stated that Item 8F should be continued to that meeting Staff asked that Item 8E be conunued to November 3rd ConumsslOner Pyne made a mOUon to contmue 8E If' f'o,;cwember 3rd and nem 8F 1O October 6th ChaIr Mechur seconded the mouon, which was approved by vOice vore 6 ST A TEMENTS OF OFFICIAL ACTION Consent Calendar Ct'r;mll"]~)m:, p\ n:.. mad~ ..! mOllor I.' arrr0\ t: tht Sl..3.tc.-=ment5- of OffiCIal ","clIon as ':JrT11'[~~ C(1mml<;~II('n:.'r P<!rk:.. ';'~llnJ::J th:. m(l[IOr. V.hlCh v.a<; appwved h: vOIce \ t't... __ Cl P 9:.-(X~ 161; O,-e,H~ f-rpn: \\ alk b CLoP Q3-01: 1805 Slev.an ~tn:e' C TPC 238, \'TPM 23~O. 2461 Chelsea Place D TPC 288. VITM 51661, 837 Lmcoln Boulevard E TPC 297. VTrM 51622.943 Nmth Street 00 60 F TPC 199. \TTM 51698. 1119 Lincoln Boulevard G TPC 300. VTfM 51719. 1225 WashIngton Avenue .., I PUBLIC HEARINGS Consent Calendar ComnmslOner Pvne made a motlon to approve Items 7A. 7B. and 7C as submitted CommissIoner Parlee seconded the monon. WhICh was approved by vOice vote A Tenam-PanlCIpatIng Converslqn Case, TPC-301, Vestm~ Tentative Tract No 51}24, 1124 15th Street, R1, an apphcatlon for a Tenant-Paruclpaung ConversIOn and Vesun~ Tentative Tract MaD [0 convert a SIX umt apamnem buildmg mto condominiums at 1124 15th Street. (planner: G. Szilale) B Tenant-Particinating Conversion Case. TPC-302. Vestinl! Tentative Tract No 51399, 1118 Fifth Street, NW-R2, an apphcation for a TentatlVe-PanlClpatlng and Vestmg Tentatlve Tract Map to convert a ten unIt apaflment bUlldmg Into cOndOmIniUmS at 1! 18 Fifth Street (Flanner' S Keene) C Tenant-Panlqpatml! ConversIon Case, TPC-304, VeSting Tentative Tract No 51732, 1530 18th Street, R2, an apphcatton for a Tenant-Partlclpatmg ConverslOn and VestIng Tentative Tract Map to convert a SIX urnt apaJ'L.l1lem buildml! condomlruums at 1530 18th Street (planner G Szilak) D Zt:?!Ung Ordinance Text Amendment Creatmg Private Ooen SDace Standards. For . . - Ordmance Text Amendment creatIng pnvate open space standards for those multi- famIly dlsm~ts lackml! such standards. Including the R2R. R2. R3t R4. R2B dIStricts, and for mutll~famlly development m non-resIdential dIstncts (planner K Webster) Followmg the staff repon. ConuIlIssIon Pyne asked staff about the current trend With archnects for provIdIng pnv.ate open space Mr Webster stated that most archnects currently meet the proposed cntena Conunlssloner Pyne asked staff If thiS change would affect the affordabihty of new uruts and stated thaI he would like [hIS reqUIrement waIVed for affordable units Sl3fi staled thaI man\ affardahle Unll.S already have such amenllles ChaIr \1~chur ~ta\ed th;}; on pounc flp("""" Unll\ easll~ attam thIS proposed reqUlrement h'\\' t:\ e~ "cLone floor unl!- m.J\ nt:cC ]Jr~et de;:t..s Cn,w \1e;:hu~ 3Sk.ld \1 r \\ ch<:,[c. I: th:: .... \\ dl'\lrICI had the same common space n:uu n:menr a" In lhL CW d l\trI:t' \ 1r \\ eoster stated there I~ nC' such r::ou Iremem Commissioner Pyne asked If any COnlJIlISSlOners would be amenable to walvmg the reqUirement for affordable projects of a cenam SIZe ChaIT Mechur suggested v 00 61 the amendment be mcluded In the motion as a recommendation to the en: Council These Issues were diScussed by the COmmISSIOn ConumsSlOner Pyne made a motJon to move the Text Amendment forward to CIl). Council per the staff repon CODUTIlSsIOner Parlee seconded the mOllon. which was approved by VOice vote E Recommendation to approve a Zonmg Text Amendment and an Amendment ((\ the Land Use Plan of the Local Coastal Program to Penult Outdoor Pubhc UtilItIes and Maintenance Service Yards on Cltv-owned propeny m Resldenllal VlSltor Commercial (RVC) zones and to make Dermanent mtenm development standards for parcels zoned RVe located all Pacific Coast. Hie.hwav between t.he ~anta Mornca Pier Qn the south and the north CIty limits. (planner S Frick) Followmg the staff repon, Commissioner Bretsch asked about the Am connectlon With the General Services plans Mr B~ explamed the potentIal plan to the COmnl1SSlOn COmmISSioner Zmner stated that be had spoken to the Drrector of General ServIce. Craig Perkms. who explamed the request for the negative declaratIon approval pnor to d=slgrnng the project Mr. Buot also stated that a study of alternatives of types of systems to develop will be done. ComnU5SlOner Zmner commented on a ormsslOO I of the Housmg DiVISion -- property. a large ap.tuLu~ent complex. adjacent to the proposed site Mr -~~i stated that be has ...... the Housmg DIVISion PI~!f~mg the proposed project ~r r"'~ .".~ e.(- Conurussloner Zmner noted an error on page 13 of the document regardmg elecmcal power reqUIrements He also suggested staff revIew electncal generallon and tune allematIves Mr Foley stated that tlus IS a very small SIte With hnle potenllaI Mr Buet Slated that conunerclal power IS used (0 run the current operation. With generators.JJscd for emergencies He also stated that low 00.....5 are normal ConumsslOner Zmner expressed hIS mterest m the proposed project. Comml"SlOner Brel<;ch Slated h~ v,J<; ver. .=ncoura?ed by the artIst collaboratIon ('n thl' prolect Ch.ll~ \1t:chur commcme~ tilJ' [hI' \l, il' h_ ..1 <;hov,case facdlI~ and IS a wonderful 1'T'f'l)r1Unll\ to~ the Cll'. H:: nrrc"<,cd concern n~gardmg fleXlbllit~ and askec th..1: the: proJec: return tw r::\ I::V. tn the CommiSSIon AdditIOnally. he ...nmmemec that ther:: are S(1ml mee trees on the site and expressed concern rq:ardmg the proposed elghu:en fom reummg wall Mr Foky stated that the ConumsslOn can reconunend the project return for review Mr Berlam stated that the proJect wllJ also be reviewed by the Architectural ReView Board (ARB) .- 00 62 and that the Arts COITlITIlSSIOD wl1] be Involved m the approval process CommiSSIOner Parlee commented that the ARB mav be re]uctanr w aprroach thl' project as the ComnllsslOn WIshes He stated that both ChaIr Mechur and hunself feel the SIte has sensitiVIty needs Mr Berlam stated that the proposed use meets the permitted uses for the site Chair Mechur asked about addmg a mItIgation measure to recommend the proJecI rerum to the COmnlIsSlOn for review COnUnlSSlOner Zmner made a motion for approval per staffs recommendatIons. and with provISIon that the prOject retum [0 the CommisSIOn for reVIew. He also asked that the repon to the City Council include the COlPml!ision's interest and comments on the project. ComnllSSlOner Breisch seconded the motion 1"7 Mr B~ commented that tlus 15 the first milestone m the project, that the reVised technIcal repon wIll rerum to the CommISSion for reVIew He also stated that when a coordmator IS hrred, then the proJect can be reviewed agaIn ~ C0II1Ill1SSI00er Zmner asked that costs be reviewed closely. The moUon was approved by VOIce vote 8 PUBLIC HEARINGS A Reconsideration, of an Application for Tenanl-PamcIpatmg ConverSIOn Case, TPC-260. Vestmg Tent.1uve Tract No 49708, 2101 Ocean Avenue, OP3, to conven a 17-urut apanmenl bUIldmg Into condOmml1JlDS at 2101 Ocean Avenue (planner D Buckley) The applicant Diane Havel. and her attorne). Rosano Perry. were presenl to diSCUSS the proposed converSiOn The followmg members of the public spoke C13UdI3 helle;. ~10] Ocear t\venuc J;'lU Sanl2. MOnica 90401 l,'nld Lc:\1t:rt: : 101 U..:...lli <\\"enc~ L"lS ~dnta ~1omca 90401 i.Jv....Ir~ J () Cnnnpr :!() (J~t'..l~ .\\:.nut' ~]6 Sam..:. \1om;:a 90401 '1]'_ :i1:::-nht'P t" thL n'..:""\\~ Gt'r.~lc ~l;:\'em 2\01 Ocean Avenue ::2 SJnw \ ~ lJl.~~ (Jd...LJ' <,u hf:1 '!l~ ~ ~ rL iJut.... .,' ,>P:':..It hu: \l, a~ l10t present \l, hen hi" name v..J' ...aikd Mr PelT) spoke m rebunal 10 the public comment ') 00 63 ChaIr Mechur closed the public hearmg CommIssIoner Pyne made a motion to approve the consohdatlon of the hootleg unItS ConUTIlSSIOner Parlee seconded the motion The CommissIOn dIscussed the retenuon of rental stock and the need to restore bUIldings to their anginal design COnuTIlSSloner Breisch stated he could not suppon the motion because of h.1s concern about removmg the three affordable umts. Deputy City Attorney Benaud stated that it is the opmion of the City Attorney' s Office that the proposed consolidation would be unlawful as It Violates the Rent Control law and TORCA He also stated that th.1s proposal consists of three sets of umts. not one set as m the City Councll consideratlon He urged the ComrmsslOn to follow staff's recommendatIon not to allow the consolidation The Comnusslon discussed the Attorney's op1Il1on. Mr Perry requested. and was granted, a two mmute rebuttal penod. CommiSSioner Breisch commented on the proposed consolidation, affordabihty of rental housmg and the number of rental uruts available. He stated there is no reason to consolidate CommISSioner WeremlUk stated her behefthat affordable units are deed restrIcted and then must go to low Income families She also stated the need for larger fanuly type housmg UDJts ComnllSSlOner Pyne commented .on the consolIdatlon and the need for family housmg He Slated lhat It unproves the quahty of housmg for reSIdents Chau Mechur stated he could not suppan the motion. Th~ motIon tc' approve the consolidation failed b~ the followmg vote -\ YES Parlee Pyne. '\;OE5 Bre1sch Mecher O'Connor. Weremtuk. Zinner (l'm:nIS'\L('m:r 0 Conm"r m.Jd:: ..: mntlor for demal of the consolidatIOn C nmmlS'\LOnCr BreIsch ,::cnnded lh:. mot](1n 1 nt. motIon v.a<. arrrcn e~ t'I\ 01:: follov.. mr \'Ole -\ YES Breisch r-.1echur O'Connor. WeremlUk.. Zinner. NOES Parlee. Pyne B Condmona1 Use Pemm 92-049, 814 Broadway, C4, Apphcant Barry O-Bnen, 00 64 Operator Kmgston 1~ Cluh'Moco Restaurant, ApplicatIOn for a Condmonal l"se Penmt for an alcohol license change from a Tvpe 42 publtc premIses beer and v, rne l0 C Tvpe 4- general puhlrc premIse In conlunctlon with an ex'<;tm~ live emenamrnen[idance club and a 38 seat restaurant (Planner G SzIlak) The applicant's representative. Marsha Kimble. was present to discuss the prOTect The followmg people connected with the project spoke WmstOn Robens. AlA. 1137 HuntIngton Dnve, South Pasadena 91030 Gerald Brown, 4720 Vmeland Ave, Ste 309, N Hollywood 91602 Barry O'Bnen, owner, 814 Broadway, Santa Moruca 90401 The followmg members of the pubhc submiued requests to speak but were not present when their names were called: Kamran Nanm, 351 11th Street, Santa Monica 90402 Runru Cooper. 2815 Wilshire Boulevard. Santa Moruca 90404 Brad Cooper, 1432 9th Street, Santa Momca 90401 The CmmmsslOn discussed vanous Optlons for the applIcatIon, the hIstory of the types of alcohol lIcenses for the rnghtclub and related Issues. Staff explamed the history of the bUlldmg and It'S hcenses Charr Mechur closed the publIc beanng. Comnnssloner Parlee commented ont he full hquor hcense for the restaurant and commented on probltms With the current establishment. Chair Mechur asked ahout the Type 47 Alcohol License and if It was for both the mghtclub and restaurant Staff Stated the hcense was for both entitles Mr Berlant explamed there would an enforcement problem If only the restaurant was granted the alcohol lIcense He suggested closmg the opernng between the nightclub and restaurant Upon Junher dISCUSSion It was determmed that a closure could not be made as there IS only one bathroom faCIlity for the rnghtclub and restaurant CommiSSioner Parlee made a motion to deny the CUP per staff's re;:ommendat IOn c- ('r1~ll<'''''(l nn Zmn.:' ...t:. (';'.1."; [:1. nJ. ,[ 1')1": T:', 1.],':1.1[; Ii" 1l~T'i:.1 \l..l' ..l:,n~I'\':~ h lr'. [,diOv'lnf' vote \ ) L:- Br::I....t ~l~.n:.r (l Cn:1n(" !JJrk~ \\ eremJuk. Zmne:- .\BSE..... T P: n~ C CondulOnal Use Permit 93.009, 1002 Montana Avenue, Applicant Club Babalu, lne 1 Ed Silkams, PreSIdent, Application for a CondItIonal Use PermIt to allow no 65 4-. l Issuance of a ,Type 41, On-Sale Beer and Wme for Bona FIde Public Eaunr: Place, alcohol lIcense (planner S Keene) Continued to October 6t 1993. D Development Agreement 92~OOl. 1601 Ocean Avenue, Residential -Visitor Commercial (~VC) DiStrIct, ApplIcant John KIlbane and ASSOcIates, In:: , Apphcallon for a Development Agreement to allov. the constructIon of a {We' story, 11,800 square foot office/retaIl/restaurant prolect with two levels of subterranean parkmg for 90 cars The three proposed restaurants In the proJect would allow on-SIte consumptIon of alcoholic beveraJ!;es The Development A~ement would allow modIfications to the Zomm! Ordmance for heI2ht. setbacks. unexcavated side vards. !'~. and uses (planner: L. Hise) [Note' This item was heard pnor to Items 8A. 8B. and 8e ] Chair Mechur asked staff for an explanation of the difficulty in interpreting the Zonmg Ordmance for tlus project Mr Webster explamed the complIcated way the Zomng section '5 wntten and why It was mismterpreted by staff Deputy CIty Anomey Strobel commented on the difference between the PIer Overlay Zone FAR of 1 0 and the Ocean Avenue frontage .5 FAR The applIcant, John Kilbane. was present to dISCUSS the project The followmg members of the pubhc spoke Stephen Fnddel. Loews Hotel. 1700 Ocean Avenue, Santa Monica 90401 Denny Zane. 906 9th Street #14. Santa Momca 90403 Grand L Bush. 25 ArcadIa Terrace. Santa Moruca 90401 Leigh Kavanaugh. 1670 Ocean Avenue. Santa Monica 90401 Laurel Roennau. 3112 4th Street. Santa Momca 90405 John Boom. 2521 7th Street. Santa MODIca 90405 John Gllchnst. PRe. 200 Santa Moruca Pier. Santa Moruca 90401 Mr Kilbane spoke In rebuttal [0 rhe publIc comment Commissioner Wereml~k commented on the pedestrian lInk With the Pier and nl{)d.m~ the ColC1rad" alle\ \1r Kllhane e'.(plamed the handicapped access for the prolect H~ aI5(' 5t..H~C h~ 1" Tt:QU::<;unf. a grad]en~ adJustmem Depul) Cn) '\!lome\ Stroh::1 staled rha' cl(1<:.tnf rh~ a::ces, road IS pan of the development :1ian Sh:.. ai<,[' ,tared rhLr:. .n:. I;:~J! Nnhkm" n:gardmf the clo,;ure Cpmml::'SlOner \\en:mluk. J~k.e....: ailou: an\ ell\ plans tel condemn the access road rkput~ Cm <\1l0rnC\ Strobe: SL'HeC that there has been no direction from ClIy CounCil regardmg thiS Issue Mr KIlbane stated that he has been speakmg WIth the ell)' Anorney. General ServIce5 and oilier agenCIes regardmg the access road no 60 ChaIr Mechur asked about access for the adjacent apanmem bUlldmg and changing the pedestnan access to the PIer Mr Gl.Ichnst expressed concern about rhe pedesmar access and [he PIer Resroratlop CorporatIon's (PRe, desIre for :.: south SIde access rather than a north 51de access for pedesmans He also stated a pedestrian connection with the proposed project With be good for the Pier ConUnISSlOner Zinner stated he thought the apamnent bUlldmg uses the service access road to Ocean Avenue Mr KIlbane stated thar an easement has been dIscussed for the apanmenr bUlldmg ChalI Mechur stated that thiS Issue can nOt be dIscussed at thiS tune as It IS not part of the Development Agreement Deputy CIty Anorney Strobel suggested referencmg future Cny/owner nghts as regards thiS issue. Me Kilbane suggested adding an agreement to give the apaIl1l1ent buddmg an casement access for theIr velncles if the City vacates the road. He also stated be would paniclpate in the cost of the changes. Mr. Cbns Harding, 7. anorney for the applicant, stated he could craft language With the City Attorney's ~ 1::- Office '- Conumss lOner Weremluk expressed concern with the proxunity of the SIdewalk to the proposed south bUIldmgs Mr Kilbane explained the project deSIgn COlrumsslOner ZInner requested landscapmg be added to the south Side of the property 0 to benefit the apartment buildmg Mr. Kilbane stated that landscapmg would be added He also stated that the restaurant space is planned for the far SIde of the proJect, lO have a lesser unpact on the apaIlwent buildmg, and that the office and retaIl spaces closer [0 the apartment bulldmg will not be used at mght ConlIDlSSlOner Zmner expressed concern about the Clty-owned parcel and Its use for service vehIcles He ask.ed about aUowmg access parkIng spaces for CIty vehicles Mr KIlbane telt tillS could be arranged Commissioner Zmner asked about landscapmg the garage walls and suggested usmg a vme type plant matenal b-1r KIlbane stated that planter spaces could be added for vmes andior trees CommISSIoner BreIsch asked about pubhc access to the proposed balcony space Mr Kilbane st3ted that there are public access areas on the balcony m addmon T'. th: 0Uldnw dmJn~ Me.' 1<'. lh:.. n:qJuran: C':;.':" \l:..:m.:" :I",-e": [.1. ~..:hJ.~ r:~.'rm!:: II:.. 3<;"-::d <;taff ahour the referenc~ or: - '::. ~"f:..;.:..!rulo; IJ., (0' 'J~"L:r:.. !).:"J1' elT'. -\unm::\ ~tr()hel c'l1l.llned tha. .;-- ~ l)n :::nr'Tl::n: -\j: re::m::n" ':':1' [f'. : m'. In \l, 'nj:r. the hu lld m~ perm Il" mu <;;! h:.. 1~~.J :n:..": In..: \l, ncn tn~ C L'1 :f;':J [: 11; ()~_UDJn~" mus: b:: rect:! ved lon pJge 36; [:1'::' tL:rthe~ sPc:':lfIC<' tn~ llm:.. trame I rJ~:" ::;'7, and then on page 38 staled that no &ddlllona] lIm:: will be permmed lor the excuse of "Jack of financmg' other than the permmed one tlffie extensIon 5. no 67 ChaIr Mechur asked about the reference on page 46 regardmg t ponton of the proJec(~ Mr Webster explamed that the mtentIon IS that a temporary Certificate of Occupancy could De Issued I e If the Lobster renovatlon IS completed. but the new construcuon IS nOl complete ConumsslOner Brelsch asked about the wordmg on the tOp of page 18 regardmg the Lobster bulldmg and stated that It Will be difficult to enforce Deputy Cny Arrome\' Strobel stated that staff IS concerned as the bUlldm2: Will be moved . ~ dUfmg the constructlon of the subterranean garage Comnussioner Breisch expressed dISSal1sfactlon WIth the wordmg Deputy Cay Attorney Strobel stated that the applicant has been asked to submit a preservatIon plan ComnllSS10ner Parlee asked staff for the FAR of the City-owned parcel adjacent to the proposed development Mr Webster stated that the FAR IS 2 0 further south on Ocean A venue Mr. Zmner commented that he had spoken (0 Housmg staff who assured turn. that the City has no plans to remove the apartment bUlldmg ComnllSSlOner Parlee asked If lhe new setback depth of 35 feet for propenles along Ocean Avenue was posslblc Mr Webster stated it would be possiblc COm.mISS10ner Parlee commented on the proposed proJccts sensitIvity of scale, im archJtecrun: and "fit~ 1D the area ChaIr Mechur commented on the proJect deSign, but felt It was m the wrong location He commented on the excessive number of requested vanances and reQuested changes to the Local Coastal Plan He stated he has many problems With the proposed project He stated he could not approve the project as presented CommiSSioner Breisch expressed sympathy for the developer. however he also had difficulties With the proposed project He stated that the development 15 ~reacllve" He Stated that the City cannot take parkland for granted. and that the CIVIC Center Plan calls for a view corndor that would be obstructed by the rfClT"0l\ed proleC! He 31,(' (0mm::m:d on preservation of buIldmgs. that the Lnr-stcr hUlldm~ I" cuitu:Jlh "l~n1f::;Jm dnd \l,onh sa\Jng but what the developer I" pr0r0l\lOf I" nm pre<;en JIll 'r (-l1mmlS~loner Park~ <;tJleL: l!1J: h:. I' J\l.,.Ht. of th::: dlkmma of thl!;, proJe::: Ht: !;,!.l!:=~ tha: Il J\ W(' Jal:: It': !.Il:. ell\ [(' pur.:hase Lhe propen) and the developer hJ'- \ er. Tlp:h: [(l develop hI' prOrerl) He also commented tha[ the proposed \ le\l, coTndor IS alread;. CUI off by one of the RAND bulldmgs CormmssIOner Zmner stated that the City-owned apamnent buildmg will not be 00 68 [Om down adjacent to the proposed development He then compllrnented the developer on h.1s efforts and stated that thIs may be the beSt deal the eltv can get He aiso e\:Jressec a~reemen: with Comm1ssloner Breisch ConUTIlSSlOner Parlee made a motion to approve the development agreement With the exceouon thaE the heH!ht of the bUlldmgs shall be reduced to an averaQ'e of not . - ~ more than 30 feet and thaE no vanance shall be granted for he1ght CorruTIlsslOner Pyne seconded the motion CommISSioner Zmner stated he was not prepared to vote at tlus tune He felt the restaurant wdl generate too many vetucles COmmIssioner Parlee stated he would open for friendly amendments, perhaps reducmg the number of restaurant seats to 250, or a reduced parkIng vanance He also felt the restaurant clIentele would mclude many people amvmg by foot CorrumsslOner Zmner asked that the easement issue be addressed. if the roadway 15 vacated. and that landscapmg be added [0 the west and south of the proposed developmem as well as to the garage level Commissioner Parlee asked staff if the restaurant sealIng could be reduced m the motIon Mr Webster stated that a parkIng requrrement could be added to the Development Agreement. however restaurant parkIng is determined by FAR. not by number of seats ComnllsslOner Parlee asked that the tandem parlang be elIminated Chair Mechur stated that the Development Agreement specifies the maxunum square footage for the three proposed uses. COJnml~SIoner Parlee suggested mcreasmg the retal] space Mr Webster stated that the Coastal Commission IS ver: Strict as regards parkmg In me coastal zone Commissioner Zmner asked for a professlOna) response to the restaurant parkmg Issue Mr Webster stated that most people come from some other place by alternate means and the parkmg Will nOl be over used \1~ H~~IJnI ~ugf'e~l~d th.J~ J' rr.:!!Jrd~ rr.:du:..ed parkmg that a recommendaElon r~ m.iJ:. h' En::, Cl!\ C(lun~' tn.! ~ <,lldTeJ r.:lTkm~ .malysl5 he done It' she)\!. the T _. . I' ,r !,' Ih:. JTr.:~ C. 'rr.::~!" I Ill>.:" , fJ .lri~l and p) ne ag reee tc' the .,...... \~iL..;~"':..l~'~'i ( 'i.l'- \h.._nu. ~Ul:.~ n_ qli ...Jr no' <.;U;'Don the project uniess Buddmg B 1<; L itmmJleC CommiSSioner O'Connor commented that tlus IS a very dIfficult proJect She ~. nn 61"\ stated that thiS IS a crmcal parcel wIth relatlOn to both the CIVIC Center and the PIer She stated she could not suppon the proJect The CommIssIOn discussed alternauves to the motion on the floor Chatr Mechur mace an amended monOD to reduce the FAR of the project to 5 (per Code) and to restrIct the vlewshed blockage TIllS amended motIon was discussed. but not seconded The maID motion was derued by the followmg vote AYES Parlee, Pyne, WeremlUk, NOES: Breisch, Mechur, O'Connor, Zmner Commissioner Parlee made a new mouon for approval with all the amendments of the prior motion, and With the condition that Building B be rcconfigured to not impinge on the view corridor COIIll1l1SSIOner Zumer seconded the mouon. ehau Mechur stated he still could not suppon the project. The motIon was approved by the followmg vote AYES: Parlee, Pyne, Weremiuk~ NOES: Breisch. Mechur, O'Connor. E Conditional Use Permit 93-014. 119 Ocean Park Boulevard. R2R. Aonlicant: Harry Shearer. ApDlIcatIon for a Conditional Use Permit to permit the retention of a receIVe-only satelltte antenna WIth a dIameter of 10 feet mstalled above the roof lme of the resIdence at a maxlJl1um hell!ht of 37 feet. As ner Secuon - - 9 04 10 06 030 (SMCC), approval of a CondItJonal Use Permit is requIred when the he1~ht exceeds 14 feet and when the d1ameter is ~ater than 1.5 meters {approxunalely 5 feet) (planner- S. Keene) Continued to November 3, 1993. F Condmonal Use Penmt 93-021, Vanance 93~022, 1221 Wllshlre Boulevard, C6, ApJlhcant Bobbv Moshm, Proposed IS a Subwav SandwIch Shop whlch under Section 9 34 02 030 of the ZonmS! Code. IS defined as a fast-foodltake-out restaurant and requIres a CondItional Use Permit _ for approval A fast-food e<;.tah!l<;.hmem require" ,one pClrh m~ "pacr ff):," even 75 sq ft of floor area with . "<1 fl v. hlCh v. III ne u"ed ((1r cuq(lme:'" c;erVlce area The applicant ha<;. reauested ar ele\en "pace park.ln!:' \3nanCe at an e\I'lmg commercial site contamm~ fort\- <;']\ "pace" (Planner G S71iJh I Continued tu October b. 1993 9 OLD BL'SI\iESS 10 NEW BUSINESS 00 70. 11 CO~fMCNICA TIO:\S A Plannmg ComrmSS'on Case;ls: B Zorung AdmmlSlralOr Casehst 1:2 COMMISSIOr\ AGENDA 13 PUBLIC INPUT 14 ADJOV&'IMENT The meeting was adjourned at 11 40 P rn f. \plan\sharepc \mmutes \pcm92993 10/4/93 nn 7" ......, I l . ATTACHMENT D /;- 00 72 KILBANE PROJECT MASSING STUDIES November 11, 1993 PROJECT GOALS. The followmg goals have driven the project design for thIs sensitive site located adjacent to the Santa MOnica Pier Bridge Successfully incorporate the existing Lobster Building into the new project. Create a .signature proJect" for the City and for my architectural offices. DesIgn a project which IS architecturally compatible with the area and which relates well to the Pier Sign, the Pier Bridge and the Pier Itself. Preserve eXisting View corrrdors from Ocean Avenue across the Pier Bridge and down Colorado Avenue Create a project which IS pedestrian-oriented and which will enhance the pedestrian onentatton of the surrounding area Break up the massing of the project through the use of multiple bUildings to provide a human scale to the prOject. Maximize public views of the Pier and the coastline Develop a project design which inVites people Into the project through accessible common areas Allocate an array of compatible uses throughout thiS small project Buffer the adJacent apartment buildmg to the south by locating the qUietest and least Intrusive use (I e offices) on the southern Side of the project Maximize the economic ViabilIty of retail space In the project through the use 01 Inviting comm::m area oper, space accessIble to the generai pUbhe As SJmmarlzed below we Deileve these goals are best advanced by Scheme I 1 SCHEME I. Scheme I IS a modIfied versIon of the proJect plans reviewed by the Planmng CommIssion ModificatIons to the prior plans have been made In response to motions and Input from the Planmng Commission and additional Input receIved from the Pier RestoratIon Corporation, City Staff and other community members The new project proposal reflected In Scheme I adds an Increased setback between BUilding B and the PIer Brrdge, a reduction In the total number of restaurant seats, Increased landscaping, a redesIgned northern facade facmg the Pier Bndge, confirmation of public accesSibility to common areas of the proJectt modest adjustments to the second floor balconiest and a willingness to reduce the project height if deemed necessary for project approval. While massing shifts and project refinements have been made In Scheme I, the overall project size remaJns 11,800 square feet, and the caps on the amount of restaurant and office space together With the minimum reqUired amount of retail space remain the same as reviewed by the Planning CommIssion The project retains ItS open central plaza, Its view corndor through the center of the project. Its senes of small connected buildings, Its prominent second floor balcomes and stepbacks, Its dIverSification of roof lines, Its Orientation towards Ocean Avenue and its Internal balance and symmetry To create a deSign that successfully Incorporates the eXisting Lobster BUilding Into a new project was very challenging. While the Lobster BUilding IS undoubtedly historically Significant and worthy of preservation, It IS not architecturally noteworthy Our deSign does not crowd or overwhelm the Lobster, but rather Integrates It architecturally, phYSically and functionally With the new structures In the project around a central plaza The Lobster BUIlding Will remaIn perched at the corner of Ocean and Colorado as It has always been An open stair With an archway Into the central courtyard IS the only phYSical ltnk to the new structures. Because of the large number of pedestnan Vlsrtors to the Pier, it was obvIOUS that our deSign needed to be pedestnan fnendly to attract VISitors to our prOject The vlsltor-servrng commerCial dIstrict that our project IS located In allows for a particular range of uses To Insure pedestrian orientation of the project a cemra: cou~ard was created, which leads to an archway and terrace tnat overlO~KS the Pier and tne Ocean A portIon of our oroposea new bUlldmg IS se: ba:::k 5 fram Ocean Avenue In order fOi retaIl uses to function suc::ess~u!ly to balance the eXIsting Lobster structure and to have greater exposure for tne retaIl Shops 2 00 74 The second level walkways are open and envelop the bUildings on three sides. with easy access from an open stallway ThIs serves to encourage VIsitors to flow from the first level up to the second level and makes the entire project feel like a multI-leveled outdoor plaza The scale of the bUildings In this project has been reduced and humanized, by steppIng the second floor back from the fIrst, and breaking the roof up Into five parts The proposed combination of restaurant, retail, and office uses will provide an overall balance of traffic, because the peak hours of these uses occur at different times. We have also placed the quieter office and retail uses adjacent to the neighboring aparlulent building. to minimize noise imp~i:I. The extenor style of this building is reflective of various architectural elements from the Santa Monrca Pier's past and present Most notably, the Carousel BUilding and the old Lamomca Ball Room served as mSjor Influences It IS our belief that this project, with Its plaza and courtyard settmg and Its Pier Inspired architectural deSign, Will be a long lastmg benefIt to the community and Its VISitOrs, and a welcome compamon to the exciting Improvements under way on the Pier The new restaurants on this site will provide residents and visitors wrth unparaUeled day and night VIewS of the Pier. ocean, and sunsets The Plannrng Commission In Its recommendation to the City Council to approve thIS proJect. attached the followmg five basiC conditions to its recommendations , Increase the setback of BUilding B from Colorado Avenue Three of the Commissioners recommended Increasing the setback from a 5.foot mInImum to a , 0 foot mlnrmum (The fourth Commissioner insisted on a 21 foot setback and elimination of the central courtyard to provide an expanded View corndor, apparently with City Hallin mInd.) 2 Reduce the maxImum bUIlding height from 34 feet as proposed to the ZonIng Ordinance requIrement of 30 feet and elimInate tne proposed SDJre 3 Reauce the proDosea numDe~ of restaurant seats from 450 to 250 3 00 75 4 Reduce the amount of parking contained In the subterranean garage by an unspecifIed amount 5 Provide additional landscaping along Colorado Avenue and the Highway Access Road We believe that the project modlfrcatlons proposed In Scheme I protect the Integrity of the project deSIgn and thereby advance the project goals whIle at the same tIme proVIding responsible compromises to the conditIons proposed by the PlannIng CommISSIon First, the modified project now provides a 1 Q.foot side yard setback along Colorado Avenue from Building B. This expanded setback conforms with the Zoning Code requirement. it allows for additional landscaping, and it provides greater relief from the Pier Bndge The second floor of Building B IS stepped back an additional 5 feet The vIew corndor down Colorado Avenue will not be Impacted by BUilding B because the Lobster Budding, which will remain In Its present location, IS set back approxtmately 4 feet at thiS location ThiS scheme, while prOViding greater relIef from Colorado Avenue and the Pier Bridge, still preserves the central courtyard which IS essential to (') the pedestnan onentabon of the proJect. (2) the human scale of the cluster of mdlvldual buildings scattered around the courtyard, (3) the creation of a view comdor through the center of the prOject to the Ocean and Pier, and (4) the viability of a maximum amount of vIsItor-serving retail space around the public courtyard In the middle of the project As deSCribed In Scheme II, a 21 foot setback of BUilding B would frustrate the fundamental goals for thIS project Second, the revised project Will contaIn a maximum of 300 restaurant seats. With a maximum 01 250 seats excluding the proposed cafe In the Lobster BUilding ThiS represents a reasonable compromise to the Planning CommissIon's condition limiting the total seats to 250. Th,rd we belIeve the proposed 34 foot height adds to the architectural vrtallty of the pItched roof line Without any Significant adverse Impact to the general publIC Moreover we believe that the spire IS one of the deSign elements which helps to make thIS a signature bUIlding However, we wrll eliminate the spIre If requested to do so and we will sImilarly comply WIth tne 30 foo: helgh~ IIml: If tne City Council does not find suffiCIent JustifIcatIon for the 34-too: pitched roofs Fourth, the revised prOject Will prOVide ample landscaping In the expanded setback along Colorado Avenue and along the Highway Access Road as mandated by the Planning Commission 4 00 76 FIfth, the reduction of parking as proposed by the Planning Commission IS something we would reluctantly agree to do so long as It IS approved by the Coastal CommIssIon without any reduction of the floor area ratIo or the mix of uses In the project Although we do not belIeve the Coastal CommisSion IS likely to approve such a parking reductIon, we have revised the Development Agreement to address thiS recommendation 5 00 7i SCHEME If Scheme 1\ reflects a revised project conformmg to the condItIons of project approval recommended by the PlannIng Commission Specifically, this Scheme provIdes a 21-foot setback from BUIlding B to Colorado Avenue The 21 foot setback exceeds the setback of 10 feet required by the Zomng Ordinance The stated purpose for this Increased setback IS to create an expanded View corndor. However, this purported Justification falls to hold up under closer scrutiny, and the result IS a project whIch fails to advance many of the cntlcal project goals stated above The justification offered for this Scheme 0.8., creationJ preservation of a view corridor) is based upon a mistaken assumption. Given the location of the existing Lobster Building, the additional 11-1oot setback of Building B behind the Lobster BUilding serves no purpose The Lobster BuildIng IS set back approximately 4 feet trom the property line. The ZOning Code requires BUilding B to be set back 10 feet from the property line. To set Building B back an additional 11 feet for a total 21 foot setback will not provide any meamngful Improvement to the view cOrridor from the PIer Bndge or down Colorado Avenue, and the result would be to eliminate the pedestrian view corndor through the central courtyard of the project to the Ocean and Pier Moreover, the Vlew from City Hall is only mInimally enhanced by this Scheme, pending the final outcome of the CivIc Center proposal The only other possible benefit to Scheme II IS the Increased distance between BUilding B and the Pier Bridge However, because the PIer Bndge actually slopes above the heIght of the first floor of our proJect, thIs dIstance IS of minimal benefit to the community The 11 foot Increase In the distance between the Pier Bridge and Building B IS of little benefit because the project does not ~crowd" the Pier Bndge under Scheme I, especlaJly given their relatIve heights The negative Impacts of Scheme 1\ With respect to the project goals are numerous 1 The 21 foot setbacK. creates wasted and unusable space haVing no aestnetlc value The gap between BUilding Band the Pier Bridge wlB essentially oHer pedestrians and project VISitors a view o~ tne SIde of the Pier Bridge and the backSide of the Lobste~ Budding while atthe same time eliminating the pedestrlan-onented features of the central courtyard In Scheme I 6 no 78 2 The perceived "front" of the project will shift from Ocean Avenue to Colorado Avenue This would undermine the vlsltor.servlng nature of the proJect. the ability to lease retaIl space, and the overall economic viability of the project 3 By eliminating the central courtyard from the project, the pedestnan nature of the project IS severely downplayed, the public view corrrdor through the project IS eliminated, the amount of retall space IS dlmlnrshed, the human scale of the clustered bulldmgs IS lost, the Lobster BUIlding IS Isolated and IS no longer Integrated Into the proJect, the compatibility of mixing uses In the project is harmed, and the overall economic viability of the project is threatened. 4 The VIew corridor to the Ocean and Pier through the central courtyard IS eliminated ThiS loss causes aesthetic harm to the communrty, It cuts off pedestrian access to the rear terrace of the proJect, and It will cause far fewer people to be Interested In vIsiting thiS site 5 The scale of the project will appear to be larger because Instead of a cluster of four related bUildings the project becomes one combined mass. 6 The Lobster BUlldmg IS no longer a well-mtegrated part of the project, eIther architecturally or functionally. The Lobster BUilding IS no longer linked by an archway to Building Band lS distant from the majority of the project rather than servmg as a feature of thIS proJ ect 7 ThIS proposal severely harms the mix of uses by making far less square footage In the prOject commercially Viable for retaIl space 8 The combmlng of Building B With Buildings C and 0 pushes more of the active commercIal space towards the eXisting apartment bUlld!ng to the south In conclusIon the plaza resulting trom thiS scheme IS poorly defined and Goes more pUblIC harm tha'i good wnen compared With Scheme I The o:::Jen space In Scheme II woula prObably become Just another example of urba'l outaoor space that IS rarelY oc::uPled because It IS located In a way tha: becomes the least deSlranle locatIon on the property 7 no 79 SCHEME III Scheme III was created to address the suggestIons of one member of the PRC Subcommittee which was formed to further evaluate thIS project The pnmary thrust of thiS proposal was to create a diagonal axis across the property from Ocean Avenue gOing behInd the Lobster BUildIng to the corner of Colorado Avenue and the Highway Access Road The goal of Scheme II I IS to provide more visual relief as vIewed from the Pier Bndge The following are the negative Impacts of such a scheme , . It creates a diagonal axis leading to nothing of Importance 2. It severely harms the pedestrian nature of the project 3 It weakens the relationship between the Lobster BUilding and the rest of the project by sevenng the project phYSically and functionally from the Lobster Building. 4 It eliminates ViSUal and pedestrian access to the rear terrace where the real views of Interest are located 5 It eliminates the central courtyard concept and thereby harms the pedestnan Orientation of the proJect, the human scale of the proJect. the balanced assembly of mixed uses In the project, the IntegratIon of the Lobster Buildmg as an integral part of the project, the Vlabilrty of retail uses, the amount of Viable retail space. and the overall success of the project 6 It eliminates the vIew of the Ocean and Pier afforded by Scheme I through the center of the project 7 It Increases the perceptIOn of bUildIng mass because It concentrates the floor area onto one side of the project and eliminates the human scale created by clustenng the buildings and mlxmg their uses 8 The sense of place and captivating charm of the central courtyard and plaza are lost 9 It tenas to re-one~~ tne prOJec~ toward Colorado Avenue and away traIT' O:ea. Aver]ue Tne success o~ thiS project aepenas on Its public acceSSibility ThiS accessibility IS dependent on ItS pedestnan OrientatIon and view preservatlOn The changes to the project suggested by Scheme III will harm these core goals of the project B 00 80 SCHEME N This IS a 0 5 FAR study It IS modIfIed version of Scheme I provided for Illustrative purposes only ThIs Scheme IS not economically viable gIven the purchase price paId for the land In reliance on the prior description and Interpretation of allowable FAR for the site ThiS scheme would eliminate a portion of Building 0, located In the southeast portion of the sIte ThIS scheme would be bUilt as a matter of right and would provide a 35 foot setback from Ocean Avenue except for the eXisting Lobster BUilding By eliminating Building D. the Lobster Building is less wen integrated into the project because it stands out alone on Ocean Avenue. In Scheme I, Building D balances the location of the Lobster Building. In addition, the elimination of Building D detracts from the pedestrian orientation and retaIl viability of the project because the project IS pulled further from Ocean Avenue, the central plaza is less well defined, there no longer IS any bUildIng tc separate the pedestrian space from the project driveway, and It becomes more difficult to draw people onto the site The reduction of the project by 3,900 square feet of floor area would not Significantly Improve the scale or massing of the project, and it would not affect the view corndors or bUilding height as compared with Scheme I However, the economiC consequences of redUCing the size of the project by eliminating one-third of Its floor area are severe 9 00 81 CONCLUSION Based on our massIng studies of project alternatives. we believe that Scheme I best advances the goals of the project and best serves the Interests of the community JLI4ASn1.848 10 ,,~ ~2 ATTACHMENT E .. 00 EJ NOTICE OF DEVELOPMENT PROPOSAL To: Concerned Persons From: The Cit)' of Santa Monica Subject of Hearing: Development Agreement 92-001 1602 Ocean Avenue, Residential~Visitor Commercial (RVe) District ApplIcant John Kilbane & Associates, Inc. A Public Hearing WIll be held by the CIty CouncIl on the following request: Application for a Development Agreement to allow the constructIon of a two story, 11,800 square foot officelretml!restaurant project v.lth two levels of subterranean parking for 90 cars The three proposed restaurants m the project would allow on-site conswnptlOn of alcoholIc beverages The Development Agreement would allow mod1ficatlOns from the Zorung Ordmance for floor area ratio. height. setbacks. parlung, and uses. In addition, the proJect Will reqUIre amendments to the Local Coastal Program Land Use Plan for the height and office use on the site TIME TUESDAY, December 14 . 1993 AT 6:30 P.M. LOC '" TlON COUNCIL CHAMBER. ROOM 213, CITY HALL 1685 MAIN STREET, SANTA MONICA HOW TO CO~1MENT The elt) of Santa MOnIca encourages pubhc comment on thIS and other proJects You or your representative. or an) other persons ma) comment at the City Council's publIc heanng, or D:- \\Tltmg a letter Letters should be addressed to Clt)' CouncIl. CIty Clerk' s Office 1685 Mam Street. Room ] 0: Santa ~1omca. Callforma 90-l01 \10RI 1"1 OR\1-\. TlO~ II dC~lre~ further mformauon on an\ applicatIOn ma: be obtamed from the City Planrung DI\ 1<;lOn at the address abo\"c or [1: callmg (3101 458-8341 The meeting faCIlIty IS handicapped accessIble If you have any specIal needs such as SIgn - 1 - " 00 84 language mterpretmg. please contact the Office of the DIsabled at (310) 458-8701 Pursuant to Cahforma Government Code Section 65009(b), If this matter IS subsequently challenged In Court. the challenge may be hmlted to only those Issues raIsed at the Pubhc HeaTIng descrIbed m thIS notice. or In \.Vfltten correspondence delIvered to the Cay of Santa MOnica at, or pnor to, the Public Heanng Esto es un aVlso sobre una audencla publIca para revlsar apphcacIOnes propomendo desarrollo en Santa MOnIca Esto puedo ser de Interes a usted SI deseas mas mformacIOn. favor de llamar a Elsa Gonzalez en la DIVISion de PlantlficaclOn al numero (310) 458-8341 - 2 - tt GO 85 ATTACHMENT F .., 00 8t: ~_<- t? / ~~ ~ / .. .. - / / .....' - ""': 9..::....... _ . .)-. -........ :'J ....."..-/ I~ t -.; /, C' ,-" , ' ~ / ~ " " '4 ~ J ...< // 'A ...a/ '-~ - ~'- / -4 '- ~~...~ '""7 / ~ ,,'\ , ..- a- ""- /' -' ...".... -i-"- I y,1,P ,ye- "/;'- " -~ . ..,- UPDATE 9 -15 - 93 , '-, - r I J ~:'"7"S ':',8, ,18,'9 MC'SS TRA:' -~=::s~ 1602 OCEAN AVE. 48 COLORADO AVE. :'::'...E AI-J'"'>...i:'A'..- D~T::: .... .,.._~~ T ....._ __ RADIUS MAP FOR PU8:"fC HEARING DATE [p~~ ~ [MJ J ~@ [Q)~[p~[fr1r[M) ~[NJ1F .... 00 87 ATTACHMENT G 00 88 -~ 1 DC 5J ., ....-; ~c" .~ == ~~ ~. 00 c .... I' ~ 0 ATTACHMENT H - 00 9~ A':''I'ACHMENT H P&Z:DKW:pm\f:\plan\share\council\strpt\dareso C~~y Cour.c~: Meetlng:Decembe~ 14, 1993 Santa Mon~ca,Callfornla RESOLUTION NUMBER (Clty Councll Serles} A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING M1ENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM WHEREAS, on August 13, 1992, the City of Santa Monica received a Development Agreement (92-001) appllcatlon to permlt a 11,800 square foot, mlxed use commerclal development wlth two levels of subterranean parklng located at 1602 Ocean Avenue requlring office use and helght amendments to the Local Coastal Program Land Use p1 . ~~ar:; ana WHEREAS, or. Septembe:::- 29 r 1993 r the Clty of Santa Mon~ca ?:an"-lng CommlSSlon vo:.ed ~-3 wlth condltlons to recommend approval of 8evelopment Agreement 92-001 and Local Coastal Program Land Use Plan amendments; and ~~~~~AS. or. December :4, :993, :.he C:ty CauDCll adopted and a;:;:;:-:;""e::: :'eve::"o?,..,e~: Agree-e-::. 52- C::: tc perml:' a Mlxec usea :::: :::::Pf'........e r.,:;:- a:' deve:"op~er:~ ::"ocat.ed -.... 0_ 16C2 Ocea~ Avenue, and to all:.::orlze amendments to the Land use Plan of the Local Coastal Program to faCllltate the proJect; '. I~ ,., >.J...J O? ~ ..... NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA ~OES RESOLVE AS FOLLOWS SECTIOK 1 Pursua~~ tc PubllC Resources Code Sectlon 30512, the City Council adopts the amendments to the Local Coastal Program Land Use Plan, as set. forth ln Exhl.bit A, attached to thl.s Resolution, and recommends submisslon and support of the amendments tc the Cal~fornla Coascal CommlSSlon SECTION 2 The Clty Clerk shal~ certlfy to the adoptlon of thlS Resolutlon, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FORM- " ,r r \ I Lc:~ f--...r. -~L...- '-' ....~<- l.... JOSE?," :...AWRENCE ~~lng Cl~Y Attorney ~.. 0 'J 9 3 APPLICAN~IS PROPOSED AMENDMENTS EXEI2:::':' A TEXT AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COAST~ PROG~ The Local Coastal Program Land Use Plan New Development. Pol~c~es #59 and #60 are pyoposed to be amended as follows (Bold ~nd~cates new or amended text) 59. Uses on the Santa Mon~ca Pier platform shall include amusements, visitOT serving uses, fishing, public areas, fac~lit~es for adm~n~strat~on of the pier and adjacent water area, cultural or v~s~tor ~nformation uses, publ~c parking and bed and breakfast uses above the ground floor. New development on the platform of the P~er added after the effect~ve date of Propos~t~on S shall not exceed 140,000 square feet Llght~ng assoc~ated w~th development on the P~er shall be des~gned to m~nlmlze lmpacts to surroundlng res~dential uses. No res~dential uses shall be perm~tted on the platform of the P~er. On other parcels zoned RVC ~n this subarea all of the above uses shall be perm~t:ted, except that on properties fronting on Ocean Avenue, office use may be allowed through a developnent agr~t provided the office use is not located on the ground floor within 50 feet of the front property line. Res~dent~al uses may be permltted on these other parcels prov~ded such use ~s not located on the ground floor 60 Bu~ld~ng helght shall not exceed 2 storles 30 feet and the :_o~r area ratlo shall not. exceed 1.0, except that an properties with a m;~i1mnn of a 10 foot grade differential, an add.i tioca1 5 feet in height may be approved through a deve1~~..!~t ~t. Architectural features nu:ay exc::.:::l the height limit PLuV'ided that such features are l"l#l-nnnn;OUS with the architectural design of the buill'HTlgS an the Santa Monica P~er and are approved through a developnent agreement. A..~5e~er: ~lQeS s~a~~ no~ exceed a helght of 115 fee~ above ~::e ?:.e~ deck 1")0 I.., ~. 9 ~i STAFF RECO~MENDED AMENDMENTS EXHIB=~ A TEXT AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM The Local Coastal Program Land Use Plan New Development Pollc~es #59 and #60 are proposed to be amended as follows (Bold lndlcates new or amended text) : 59. Uses on the Santa Monica pier platform shall include amusements, Vlsltor serving uses, fishing, publlc areas, fac~lities for admlnlstration of the Pier and adJacent water area, cultural or Vls1tor lnformatlon uses, publlC parklng and bed and breakfast uses above the ground floor. New development on the platform of the Pler added after the effectJ. ve date of PrOpos1t1on S shall not exceed 140,000 square feet. Llghtlng assoclated wlth development on the Pler shall be des~gned to m~n~relze ~mpacts to surroundlng resldentlal uses. No resldentlal uses shall be permitted on the platform of the Pler. On other parcels zoned RVC 1n th1s subarea all of the above uses shall be permltted, except that on properties fronting on Ocean Avenue, office use may be allowed through a develuJ;aueIlt agre~t provided the office use is not located on the ground floor wir.'hin 50 feet of the front property line. ReSldentlal uses may be perm1tted on these other parcels provlded such use ~s no~ located on the ground floor. 6C Bu::dlng helgh~ shal: not exceed 2 storles 30 feet and the floor area ratl.O shall not exceed 1.0. Architectural features may exc:::~ the height J imit provided r-hlilt such features are hATTIrVlious with the architectural design of the buil.niT\SJB on the Santa Manica Pier and are approved through a developnent agreement. 00 Q:: ~d ATTACHMENT I GO S::; HERBERT KATZ Seotemoer 16. 1 993 Santa MOnica Plannmg CommiSSion .685 Main Street Santa MonIca, C;" 90401 Re KILBANE DEVELOPMENT PROJECT Dear Planning Commission: ! a"':": :.:,,'!'ng !hlS !ene" !C express ......v ur'q!.!al'f'e':! SU:l'PCr! to~ Jo,..n K'lbane's orc!posed deveic~fT'If'nt of the LObster PropertY I will be out of town and unable to anend the hearing for :hls orOject. so I wantea to write you to let you I(now of my thougnts aoout this project I know that the design and revIew process tor John Kilbane has been tough to endure, and he snould tie congratulated for hIS tenacity J first became famlilar With this project when Mr Kilbane filed appliCations for administrative approval over 18 months ago when I was a counclimember At that time I expressed an Interest In thIS site and hOw It IS to be Oeveloped ObViOUSly, thiS site IS a key propertY, both because of ItS high VISibility and because of ItS relatiOnship to the PIer and the Downtown area I believe Mr Kilbane's prOlect as he has redeSigned It. Will be a wonderful additIon to Santa MOnica It Will enhance the charaC1:er of thiS neIghborhood It WIll prOVide an attractive link between Downtown and the uses out en the Pier The architectural style relates back to some of the wonderful faCIlities which the Pier has enjoyed. inclUding the Carousel and the former LaMOnica Ballroom t think. ..;onn Kilbane Should be commended for hiS diligent work In coming up With a deSign which reflec1:s input he has received concerning thiS location and the character of hiS prOlect It IS my hooe that the Planning CommISSion would send thiS project to the City CounCil with a strong ~avoraOle recommendatIon Sincerely. n ~ / I' --'/ ' ---=- . . /' . ~ --" -----~ ~~-- .v/- -;:;::;;:::;:;:;;- ....,.:.. -= ~R .3:1A .;- ...r / -.,..... ~ .;::. "X" ~er~ :~.. "';'JL' =ef'l~r. ~Gnn "-,,bane .... 00 ,....... :. f - ~ LAWRENCE & HARDI~G ... PItO"-E5510NA.. CORPOAA....OP-o ...TTO~.....E::v5 A.T L.A""'- ,25-:::: S.)r;T_ STREE.... CfolRISTOPI-<l[:.~.... t-I"'~CI""C. iKEVFN V II(OZ"'L CITY ~eptemb:E. "3?' 1993 C:T\. p~ ~l SL"ITE. .300 S....NTA .....ONIC... C....L.IF"OR,.,.~... gO"O~-le02 TIE-\.EFlioHON E [~IOJ 393-1007 FACSI....ILE 1310J -45e-195S ~IC...."RO A LA""'"REI\ICE iKEN..ETH L KuTc::....ER VIA MESSENGER "93 SEt> 28 P~D :19 Santa Monica Planning Commission 1685 Main street Room 212 Santa Monica, California 90401 Re: DA No. 92-001 Applicant; John K11bane Address: 1602 Ocean Avenue Our Fl1e No. 848.1 Dear Commissloners: Our flr1n represents John Kilbane wIth respect to his Application for a Development Agreement (ItDA No. 92-001") for an 11,800 square foot mixed-use commercial project at 1602 Ocean Avenue (lithe Lobster ProJect") . Only the Clty Council is empowered to approve development agreements. However, the Planning COmInlssion - reviews proposed development agreements and makes recommendations to the City CounCIl. The Staff Report for the Lobster Project recommends that the Plannlng Commlsslon send the Kilbane Development Agreement to the Clty CounCIl wIth a favorable recommendatIon. We belleve the Staff Report provldes an art1culate analYSIS of th1S proJect and the prInCIple terms of the proposed Development Agreement. For the reasons stated thereln, the Plannlng CommIssion should endorse this proJect as proposed ln the Development Agreement. As the Staff Report lndicates, there IS a lengthy and tortuous hlstory to thIS proJect. Although the proJect SIte IS small, lts locatlon IS very sensltlve. The Lobster ProJect WIll be a key llnk between the Downtown and the Santa Monlca Pler. In llght of thIS location, Mr. KIlbane, who lntends to relocate hIS offIces wlthln the proJect, has SolICIted comments and Integrated suggestlons lnto the proJect's deslgn from all persons expressIng an Interest to hIm. In many ways, thIS proJect 15 a product of consensus plannlng. To the eredl t of all partIes Involved, we belleve the Lobster ProJect has been Improved slgnIflcantly through the process of communIty Input. ~ 00 93 , LAWRE~CE & HARDI~G .A PF:i-C.ESS C"."...._ CC.QoO-::::JC..T :;.... AT-C~""'EY5- "o.~ LA...... Santa Mon~ca Plannlng Cornm~ss~on September 27, 1993 Page 2 At thlS pOlnt, the proJect deslgn appears to have been well recelved by the communlty, and the proJect's scale and mlX of uses are balanced. We belleve the Lobster Project wlll be an asset to its surroundlngs and the Santa Monica cornrnunlty generally. Please do not hesitate to contact Mr. Kilbane, Ken Kutcher or me if you have any remaining questions concerning this project. Sincerely, c..u~ ~ ""', '\\4 Chrlstopher M. Harding of LAWRENCE & HARDING a Professlonal Corporatlon cc: John Jallli Joe Lawrence Paul Berlant Mary Strobel Kenyon Webster Luci Hl.se John Kllbane CMH.Jw:3LLTRI27.~8 00 9: L-A-' .I () H '\ B. r.... It B \ ..... [ L\. A S ~ l )( I \ TE '" 1'\ C. ) ~ 1 ~ f" B r... 1 L b \ ... ~_ '.: \ September 29, 1993 Santa HanJ.ca Planrung c...ulIl.SSl.OIl 1685 MaJ.n street Santa Hanlca, CA 90401 Dear Camriss1aners, I am the OWner and Arcm teet of the proposed proJect at 1602 Ocean Avenue before you for caIlSl.deration tlus even.ulg. Before I present a description of my proJect and all of the reasaos why your CUlllldssian should rec~-fli-=ud my proJect for approval to the Cl.ty Council, I would brst like to thank SCIre of the people who helped me get this project before you tOlllght. Al though the process was lengthy, and not WI. thout detours, I want to thank Kenyan Webster and Lucy fuse of the Planning Depa.LU-ICI.~t, Mary Strebel of the City Attorney's Office, and Ran Fuc:bJ.waJti of Padnng and Trafhc for theJ.r help and l.Oput on tlus proJect. I also want to thank fonrer CouncJ.I MenDers Deruu.s Zane and Herb Katz. Al though Herb and Denny were initially very co. beal of the ongJ.I1B.l proJect desl.gIl to my great chsappol1ltnelt, they nade rrany canstrucb.ve suggestioos that have greatly i.nproved the design of my project. Herb and Dem1y are now supportlve of my proJect. Over the last three and one half years, I have net and discussed my proJect WI. th tne!tbers of the C~lIIaJ1llty, current and prevl.OUS nerbers of the Cl. ty Councl1 . rnenbers of the PJ.er RestoratJ.on WUlIl.ttee, and C~IIlLUllty busmess leaders. I have !'IF>,;lro t.he1.r concerns and bstened to theJ.r suggestJ.ans. In February of 1991 I sul:rm.tted an apphcabon for adnrtm o;trat:UJD approval for a proJect that looked totally dJ.fferent than the one before you tamght. I dJ.scavered that senous OPPOS1.t1C1l existed W1 tiu.n the Cl ty to my proposal because 1. t reqw.red the deooh ban of the eJC.stmg '"Ln~ter" Restaurant. I was 1..IU. bally chsnayed to be informed by several councJ.I rneniJers that the "Lobster" was calSidered to be lustoncally slgruhcant and should be preserved as a part of any develu~ut:ut proposal. Upon researctu.ng lustonc phot09.Li:lphs of the P1.er and V1C:UU ty, I became canvmced that the {,t'l~ter dJ.d 1.ndee.d have mstonc slgruflcance. I then carpletely redeslgned the proJect preservmg the Lobster and creatmg a plaza c~l~letely surrOUJ"lr!1 ng the Lobster and the new buJ.I chng. I then proceeded to meet W1. th C1 ty Staff, CmmcJ.I Merrbers, and menbers of the CUlUI..mJ. ty to get response to thls new des.lgn. The response has been largely very posltlve, and we suhmtted tlus new desJ.gn to the C1.ty J.Il August 1992. In July of 1992 I appeared before the CJ.ty CouncJ.I and presented. my desJ.gn, and they were generally supportJ.ve although no off1cJ.a1 actJ.an could be taken on the proJect. . --_.- ~ - --.. - ...;:; ODiC:; Santa Haruca pI anrung Cc.uu'IlSSl.OIl September 29, 1993 Page Two I bel1eve that your C(.ulIlJ.SS10Il should approve my proJect for the follOWlng rl"'.::!O:::ans: FJ.rst, by preservmg and restonng the existl.Ilg Lobster Restaurant bw.ld1ng, a part of Santa Marn.ca, and the P1er's lu.storic past 15 be1ng preserved, but not W1thout financial l11pact to me. Second, the design of the new project is sensitive to both the existing Ln~ter bm I ding, and the Pier itself. The architectural style and detail is vividly rern:i.ni.scent of current and past Pier arclutecture, most notably t-h"" Carousel Building and the old La. Marn.ca Ball Roan. Third, the des1gn also facditates a plaza, courtyard, and teu.aces wtuch overlook the P1.er and the ocean for pedestnans, creatl..Dg a I mkage to the fl ow of pedestnans caning fran and go1..ll9 to, the P1.er. Tlus pedestrian fnend1y design. stretches to the seccmd floor, whose open a.1r teU4ees have been created by stepplIlq the second floor back form the hrst floor. Fourth, the builcb.ng will be CClIlIllr1Sed of mixed uses, all of which are of value to local resl.dents as well as visitors. The existing Lobster WJ.ll serve as a ITOderate paced sandwich style restaurant servJ..Dg breakfast, hmch, and dumer4 A new restaurant(s) will be a part of the new portl.an of the project, and will provide wonderful news of the PJ.er, the coastll.Ile, and the settIng SUIl. Ground level retaJ.I W111 frcnt an Ocean Avenue and also onto the courtyard. Off:tce space W111 also be avculable, sane of wtuch I hope to occupy. FJ.fth, I bel1eve the proJect W111 catt>hment the Pier by V1.rtue of lts deslgn, and the seIVl.ces l.t prOVJ.des to P1er V1.sitors and local res1.dents . On the baslS of the 1I1.fomat~on presented above I respectfully reqllP5t that you reculucL1d my proJect to the D. ty Counc~l for approval. Very trul y yours r .~~)~ I tohn B. K1lbane \lPres 1. dent JtlK: I jb t~ 0 0 1 0 .: ATTACHMENT J DEVELOPMENT AGREEMENT 00105 TABLE OF CONTENTS 1. DEFINITIONS . . . . . . . . . . . . . . 1 . 1 Agreement. . 4- . . . . . . II . . . . .. . . . . 1.2 Development Fees . . . . . · . 1.3 Effective Date . . . . . . · . . . . . 1.4 Governing Regulations . . .. ... 1.5 Incidental Food Use . . . . . . . . . . . . . . 1. 6 !.,and Use Plan . . . . . . . . . . .. ... 1. 7 Owner. III . . . . . ... ... . . . . . . . . . 1.B Processing and Permit Fees . . . . 1. 9 Proj ect . . . . . . . . . . . . . . . . . . . . 1.10 Project site . . . . . . . . . . . . . 1.11 Project site and Architectural Plans . . . . . . . 1.12 Snack Shop . . . . . . . . . . . . . . . . 1.13 Tandem Parking . . . . . . . . ... . 1.14 Zoning Administrator . . . . . 1.15 Zoning Ord~nance . . .. ... 2. DESCRIPTION OF PRO~ERTY 3. DESCRIPTION OF PROJECT. . . . . . . . . .. 9 3.1 ProJect S~te and Arch1tectural Plans . .. 9 3.2 Maximum FloOT Area Ratio (FAR) .......... 11 3. J Building Height . . . . . . . . 11 3 . 4 Min~mum Setbacks . . . . . . . . . .. 13 3 . 5 Landscap~ng. . . . . . . . . .. ....... 13 3.6 Park1ng. . . . . . . . . . . . .. 14 3.7 Oemolit1on of F1Sh Market Build1ng . . . . .. 18 3.B Lobster Building . . . . . . . . . . . . . . . .. 18 3.9 Adm1nistrative and Techn1cal Construction Codes 21 3.10 S1gnage . . . . . . . . . . . . . . . . . . . . .. 22 3.11 Construction Mitigation Plan . . . . . . . .. 22 3.12 Recycl1ng Plan . .. ............. 25 3.13 Secur1ty Plan. . . . . . . . . . . 25 4. USES . . . . . . . . . . . . . . . . . . . . . . 4.1 Penlll tted Uses . . . . . . . . . . . . . . . . 4.2 Amount of Floor Area Devoted to categories of Uses . . . . . . . . . . . . . . . . . . . . . 4.3 Sale and Consumption of Alcoholic Beverages . . . . 4.4 Owner's Support For P~er Activit~es . . . . . . r: oJ . STANDARD AND SUPPLEMENTAL PROJECT MITIGATION MEASURES 5. : Wate~ Der.l.an= Ml t.~gat~on Fee. .......... ~.~ Sewer Connect~on Fee . . . . . . :.. :: Transportatlon Impac~ Fee . . . . . .. ..... :'.4 ~a~e~ Mete~ Fee. . . . . . . . . . . . . 5.5 Hous~ng and Parks Impact Mltlgatlon Fee 5.6 P1er Promot~onal Fund. . . . . . . . . . . . . . . 5.7 Street Dedlcatlon . . . . . . . . . . . 5.B Pedestrlan Connectlon Bridge . . . . . . . . . i R~,.ed. 12/07193'3LDAL07.848 PAGE 4 5 5 5 5 6 7 7 7 8 8 8 8 8 8 9 9 25 25 29 30 37 38 38 38 38 39 39 39 40 40 .. 00100 6. 7. 8. 9. "- ) TABLE OF CONTENTS 5.9 5.10 5.11 5.12 Potential Modification of Colorado Avenue . . . Public Access To Designated Areas In Project . . . Off-site Improvements . . . . . . . . . . . . . No Additional Mitigations . . . . . . . . . . . . . COMMENCEMENT OF CONSTRUCTION . . . . . . 6.1 Pursuit of Construction. . . . 6.2 Extension For Excusable Delays 6.3 Lack of Financing . . . . . . . . . . . . . . . . . . . . . MINOR CHANGES TO PROJECT AND PROJECT SITE PLAN ASSIGNMENT: BINDING EFFECT . . . . . . . . . . . . . . . . . . . . RET~~SE UPON TRANSFER . . . . . . . . . . . . . 10. EFFECT OF AGREEMENT ON lAND USE REGULATIONS . . 10.1 Application of Governing Regulations . . . 10.2 Processing and Permit Fees . . . . 10.3 Incons~stent Code provisions . . . . . 11. ARCHITECTURAL REVIEW . . . . . . . . 11.1 Purpose . . . . ... . . . 11.2 Authority . . . .. . . . . 11.3 Spec~al Concerns . . . . . . . 11.4 F~n~sh~ng Mater~als . . . . 11. 5 L~m~tat~ons .. .. . . . . . . . . . . . . . . . . . . . . 12. SPECIAL ASSESSMENTS . . . . . . . . . . . . . . . . 13. CERTIFICATES OF OCCUPANCY PAGE 41 43 43 44 44 44 45 46 46 47 47 48 48 50 50 50 50 51 51 52 52 52 53 14. PROMPT REVIEW AND ISSUANCE OF NECESSARY PERMITS AND APPROVALS . . . . . . . . . . . . . . . . . 53 15. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT . ... 53 15.1 C~ty Rev~ew . . . . . .. ....... 53 15.2 Required F1ndings . . . . . . .. .. . . . .. 53 15.3 Public Hearing . . . . . . . . . . . . . . . . .. 54 1(;, Et;FORCEMEN':' VA~IDrTY OF AGREEMENT IE. m:FAULT . . . . . . lE~: Owner Defaults I8.~ C~ty Defaults. ReV! srd 1 ZlO7t9;J- 3LOAL07. 848 ~~ 56 56 56 56 57 D~ 00107 20. 21. 22. 'l'~LE OF CONTEN'rS 19. PROCEDURE UPON DEFAULT . . . . . . . . . . . . . . . 19.1 Termination by City . . . . . . . . . . 19.2 Termination by Owner . . . . . . . 19.3 RelDedies cumulative . . . . . . . . . . . . . . . . 19.4 Cessation of Rights and Obligations . . . . NOTICE OF TERMINATION . . .. ... . MORTGAGEES . . . . . . . . . . . . . . . . 21.1 Notice to Mortgagee . . . . . . 21.2 Cure of Default by Mortgagee . . . 2~.3 Extension of ~ime to CUre . 21. 4 Liability of Mortgagee .. 2~.5 Mortgagee. . . . . . . . . . .. " . . . . . . . DURATION OF AGREEMENT 23. IMPAIRMENT BY SUBSEQUENT LAWS . . . . . . . . . . . . . 24. ESTOPPEL CERTIFICA~E . 25. RECORDING OF AGREEMENT . . . . . . . 26. NOTICES 27. HOLD HARMLESS 29. 28. ENTIRE AGREEMENT . NO ORAL MODIFICATION . 30. 31. 32. . . . . . . . . . . . . . TABLE OF CONTENTS AND SECTION HEADINGS . NO PARTNERSHIP OR JOINT VENTURE .............. ATTORNEYS' FEES ... . . . . . . 33. EXHIBITS. . . . . . . . . . . . 34. CONSTRUCTIO~. ]6 35. GOVEro~ING LA~ . oil .. .. . . COUN~ERPARTS . ]~. BINDING EFFECT 36. AGREEMENT TO COOPERATE R~lsecl 12107J93-3LDAl01.848 ii~ PAGE 58 58 58 59 59 60 60 60 61 62 62 63 63 63 64 64 65 66 67 67 67 67 68 68 68 68 68 69 69 \.f 00108 TABLE OF CONTENTS PAGE 39. NO THIRD PARTY BENEFICIARY . . . . . 69 40. COOPERATION IN PROVIDING ASSURANCES . . . . 69 41. CONTINGENCY ............... 69 42. PURCHASE AND SALE OF TARGET PROPERTY . . 42.1 Description of Target Property 42.2 Necessary C~ty Findings 42.3 Purchase Pric~ . . . . . . 42.4 Title Insurance . . . . . . . . . . . . . . . . 70 70 70 71 71 . . . . . . . . . . . . . . 43. CITY VACATION OF UNUSED UTILITY EASEMENTS BENEATH PROPER.TY . . . . . . . . . . . . . .. . .. . . . . . . . . 72 iv R..,lled 12/07l93-3LOAl07.848 1,4' 0 0 1 0 ~ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (UAgreementtl), dated for reference purposes .' 1994, between JOHN B. KILBANE & ASSOCIATES, INC., a California corporation, and MYRON L. NATHAN and LORRAINE NATHAN, (collectively "owner") on the one hand, and the CITY OF SANTA MONICA, a municipal corporation organized' and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica, ("City") on the other hand, is made with reference to the follow~ng facts: R Eel TAL s: A. Pursuant to Calj fornia Govermnent Code sections 65864, e't: ~eq. and Santa Monica Municipal Code Sections 9.48.010, et seq., the c~ty is authorized to enter into binding development agreements w1th persons having legal or equ1table interests in real property for the development of such property. B. Owner owns that certa~n real property ("Propertylt) commonly known as 1602 Ocean Avenue and 48 Colorado Avenue, in Santa Honlca, Californ~a_ The Property cons~sts of approximately l~ ,553 square feet of land. as more partlcularly described ~n Exhlbl ~ ",... attached here~c and ~ncorporated hereJ.n by thls referenc~. 1 leYlsed 12/07193-3LDAL07.84a 00110 C. Concurrent with the city's review of this Agreement, City has initiated, or will shortly initiate, procedures to vacate 800 square feet of an alley (UAlley PropertyU) which dead-ends at the property, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference. As provided in section 41 below, this Agreement is contingent on the City's vacation of the Alley Property, which action City shall have a good faith obligation to initiate and pursue. D. If and when such vacation is completed, title to the northeasterly half of the Alley Property, which half consists of 400 square feet of land, will automatically revert to Owner because Owner holds title to the Property, which is located jmm4diately to the northeast of the Alley Property. The southwesterly half of the Alley Property will automatically revert to City because city owns the small triangular portion of land immediately to the southwest ( UTr J.angul ar PropertyU) and more particularly described in ;ExhlbJ. t "eU attached hereto and l.ncorporated by this reference hereln. The TrJ.angular Property consists of approximately 347 square feet of land. The C~ty's interest in half of the Alley Property, together wLth the TrLangular Property, shall be sold to Owner and Owner shall purchase the same as described in Section 42 0: th~s Agreement. The Alley Property and the Triangular Property sha::': coll ect~ vel y be referred to ln thl.s Agreement as lithe Add:<:lonal Property" and cons~sts of approxJ.mately 1,147 square feet.. 2 R~Vlied 12/07193-3LOAL01.84B .. Oalli --... E. On AUgust 13, 1992, Owner filed with the City an Application for Development Agreement ("Development Agreement Applicationn) pursuant to Santa Monica Municipal Code sections 9.48.010, ~ seq. for the development of a one and two-story mixed- use commercial project p.projectU) having an approximate floor area ratio of 0.75, and consisting generally of four buildings to be used for restaurants, general retail, and general and specialty office uses, over a subterranean parking garage. The Development Agreement Application, designated as Application No. OA 92-001, was deemed complete by operation of law on september 14, 1992. F. The City Council has determined that a development agreement is appropriate for the proposed development of the Property and Additional Property ("Project SiteU). A development agreement 1S reasonably necessary to facilitate preservation of the exist~ng Lobster Restaurant building ("the Lobster"), which the C1 ty Council believes 15 of substant1al historical value and 1nterest. The Lobster was constructed prior to 1.930 and is un1quely located immediately adjacent to the Santa Monica pier sign and 1n close prox~m~ty to the Santa Monica Pier. Both the Santa Mon~ca P1er 519n and the Santa Monica pier have been designated as landmarks by the City in accordance wlth Santa Monica Municipal Code Sectlons 9.36.010, et seq. A development agreement is also reasonably necessaD' to faCllltate certa1n modifications of the develop~en~ standards otherwlse appllcable to the ProJect Site to lnsure that the ProJect Slte 15 developed 1n a manner which 15 compatible wLth its surround~ng5 including the Santa Monica pier 3 Revl.ed. t2f07f93-3UDAl07.84B -, 0011 2 slgn, the Santa Monica pier Brldge, and the Santa Monica pier. The Development Agreement further provides city and the general public with certain public improvements at Owner's cost and expense, to Colorado Avenue and the Santa Monica pier Bridge as more specifically described below. G. Owner has paid all necessary costs and fees associated with the City'S processinq of the Development Aqreement Application and this Agreement. H. The City has complied with all procedures required by Government Code Sectlons 65864, et seq. and Santa Monica Municipal Code sections 9.48.010, et seq., regarding the processing of the Development Agreement Application and this Agreement. I. By entering into thls Agreement the City acknowledges that lt shall recelve substantlal benefits conferred as a result of development of the proJect Site in accordance with the terms, condltlons and obllgatlons of thls Agreement. NOW THEREFORE, in consideration for the covenants and condItIons hereInafter set forth, the parties hereto do hereby agree as follows: ~ ..i.. . DEFINITIONS. For purposes of thlS Agreement, the followIng terms and phrases In thlS Sectlon 1 shall be lnterpreted as herelnafter deflned, unless the context clearly indicates a 4 aevi&ed: 1Z/01191'lUD~L07.846 u 001J3 contrary intent of the parties. Except as defined in this section 1, or as otherwise defined in this Agreement, all terms used herein shall be construed in accordance with the definition of the term as set forth in the Zoning Ordinance. 1. 1 Ag~eement: This Development Agreement entered into between the City and Owner as of the Effective Date. 1.2 DeveloDtlent Fees: Any fee required by the City Which is author1zed by City ordinances, policies and standards in effect at the time the city approves and enters into this Agreement and Which 1S 1ntended to mit1gate any impact the Project may have upon any public faci11ty. Th1S includes the Water Meter Fee (if applicable), the Water Demand Mitigation Fee, the Sewer connection Fee, and the Transportation Impact Fee. 1.3 Effectlve Date: thl.s Development Agreement 15 readlng by the Clty Counc11. Th1rty (30) days after the date adopted by ordinance on second 1.4 Govern1.no ReaulatJ.ons: Unless otherwise specifically stated ~n th~s Agreement, the Clty's current General Plan and any and all other duly adopted codes, ordlnances, rules, regulations anc offICIal polICIes 0: the CIty governlng or affectlng developmen~. densIty, helght, pernItted uses, lntens~ty of uses and lrnprovements WhICh are In force and effect In the C1ty of Santa 5 Revised' 12107193-1LDAL07.848 ,.,r0011~ Monica as of the Effective Date of this Agreement, shall govern the development and use of the project site. 1.5 Incidenta~ Food Use: For purposes of this Agreement, the term "Incidental Food Use" shall be a use which satisfies all of the follow~ng criteria: ~.5(a) An I:ncidental Food Use shall mean any building, room, space or portion thereof in the Project where food is sold at retail and where less than 250 square feet (including interior and exterior) of floor area is utilized for on-site consumpt~on of any food or beverage, ~ncluding seating, counter space or other eat~ng arrangement. 1.5 (b) The primary use of a premises used as an Inc~dental Food Use shall not be the on-site consumption of meals. A restaurant, or Snack Shop as def~ned in Section 4.1(c), shall not be deemed to be an Inc~dental Food Use. 1.5(c) There must a pr~mary use of the premises to wh~ch the on-site food serv~ce and consumption are incidental. For example, a bakery. candy store, ice cream or yoghurt shop, or del~ may have on-slte consurnp~~on WhiCh ~s ~nc~dental to pr~mary ret:a;.l sales. 1.5(d) Th~ calculation of seat~ng area for any Incidental Food Use Shall lnclude not just the floor area occupied 6 Revlsed: lZ/07!93-3UDAL01.848 l~ 0 0 11 J by seats and tables, but a reasonable c~rculation area around the seats and tables, yielding a minimum presumed seating area of 10 square feet per seat. 1.5(e) The maximum permitted seating area shall be physically defined with fences, counters, railing, or other similar physical barriers. In the absence of such defining physical elements, all of the customer area in the premises shall be included when calculating the maximum 250 square feet seating area. 1.5 (f) To the extent any outdoor seating is contemplated for the InC1dental Food Use, one parking space shall be required for each 300 square feet of outdoor seating area. Fract10ns of required parking spaces shall be rounded up to the nearest whole number if the fraction equals or exceeds one-half (1/2) space. 1.6 Land Use P~an: The Land Use Plan, to the extent it has been approved by the Californ1a Coastal Commission and adopted by the C~ty in accordance with Public Resources Code Section 30512. L 7 Owner: John B. Kllbane & ASSOc1ates, Inc., a Callforn:a corporat1on, and Myro~ L. Nathan and Lorra1ne Nathan, and ani and all successors an~ asslqns thereto. 7 RevIsed. 1Z/07r;3-1LDALD7.84e .- 0 0 1 J to 1. 8 processinq and permit Fees: Any fee required by the City to reimburse the City for the cost of processing any applications relating to the project. Processing and Permit Fees do not include Development Fees as defined above at Section 1.2. 1.9 pro;ect: The proposed development of the Property and Additional Property as set forth in the Project Site' and Architectural Plans attached bereto as Exhibit "D" and as more particularly described in Section 3 below. 1. 10 pro; ect S i t.e : The Proj ect Site consists of the Property and Additional Property as described in Exhibits A, Band C attached hereto. 1.11 Pro;ect Site and Architectural Plans: The Project Site and Archl. tectural Plans, also referred to herein as the ProJect Site Plan, are attached hereto as Exhibit "0". 1.12 Snack Shop: As def~ned below in Section 4.1(c). 1.13 Tandem Parkl.ng: A group of two or more parking spaces arranged one behlnd the other where one space blocks access tc the other space. l.l~ Zonlng Ad~lnls~rator: The DIrector of Land Use and TransportatIon Management of the CIty of Santa Monlca. 8 Revlsed: t2J07193-3LDAl07.848 .. 00117 1. 1.5 Zon~nq Ordinance: Chapter 9.04 I commencing at Section 9.04.02.020, of the Santa Monica Municipal Code as of the Effective Date of this Agreement. 2. DESCRIP';['ION OF PROPERTY. The Property and Additional Property are legally described in Exhibits A, Band C to this Agreement. The total land area of the Property and Additional Property is approximately 15,700 square feet. 3. DESCRIPTION OF PROJECT. 3.1 prOlect Site and Architectural Plans. The Project shall be developed ~n accordance w1th the Project Site and ArChitectural Plans (nproJect Site Plann) attached hereto as Exhibit "plr, except for any m~nor changes approved by the zoning Adm~n~strator in accordance w~th Section 7 below. In the event of a confl~ct between (i) the ProJect as depicted on the project Site Plan attached hereto as Exh1b~t D and (ii) the Project as explic~tly author~zed by the terms and conditions of this Agreement, the terms and cond~tlons of this Agreement shall control. The ProJect shall Include four (4) buildings, with second floor 11nkages between certaIn bUlldlngs as set forth in Exhib~t D. These fou~ bUIldIngs are: 3.1(a) BUlldlnq A: The bu~ld~ng located at the northeast port~on of the ProJect s~te as set forth in Exhibit D, 9 R~15ed: 12/07/93-3LOAlOT.848 ..001J8 commonly known as the Lobster. This building consists of approximately 877 square feet of floor area and will remain one- story (~7 feet above finished qrade) in heiqht. The Lobster shall be preserved in accordance with Paragraph 3.8 below. 3.1 (b) Buildl.na B: The building located at the northwest portion of the Project Site as set forth in Exhibit D, commonly known as the Restaurant Building. This building will contain no more than 5,350 square feet of floor area and will be two-stories, not exceeding 34 feet-~ inch in height measured from Average Natural Grade (as defined in section 3.3(a) below) except for the spire. Thl.S buiJding will include the floor area located on the second floor below the spire, which links Buildings Band C. 3.1 (c) Buildlna C: The buildl.ng located at the southwest portion of the Project site as set forth in Exhibit D. ThlS bUl.ldlng will contain no more than 3,900 square feet of floor area and wlll be two-storl.es, not exceeding 34 feet-l inch in helght measured from Average Natural Grade. Thl.S building will lnclude the floor area located on the second floor above the drlveway, linking Buildings C and D. 3.1 (d) BUlldlnq D' The bU1.1dlng located at the sou~heas~ po~tlon of the ProJect Slte as set forth In Exhiblt D. ThiS bu~ldlng wlll contaln nc more than :,800 square feet of floor area and wlll be two-storles, not exceedlng 34 feet-l lnch In helght measured from Average Natural Grade. 10 ReVISed: 12/D7f93-3LOALD7.848 ,-, ~ 0 0 11 9 3.2 ~aximum Floor Area Ratio (FAR). The total floor area of the Project shall not exceed 11,800 square feet, resulting in a maximum FAR of 0.75, based on a Project Site of 15,700 square feet. 3.3 Building Height. 3.3(a) Averaae Natural Grade. The Averaqe Natural Grade of the Project Site is 51.14 feet above sea level ("Averaqe Natural Gradell). Average Natural Grade for the Project site has been calculated by averaging the elevation of the Property and Additional Property at the four points shown on the site Plan (attached in Exhibit D), wh~ch were selected as an interpretation of how the definition of tlaverage natural grade" as set forth in Zon~ng Ordinance Section 9.04.02.030 applies to an irregularly shaped property. City agrees that the selection of the four points shown on the s~te Plan ~s reasonable, and c~ty hereby accepts 51..14 feet above sea level as Average Natural Grade for the project site. 3.J(b) 1'1axlmun: Helqht. SUbJect to the City's obtalnlng an amendment to the Land Use Plan from the California Coastal CommlSSlon concernlng the permltted buildlng height on the Proper~y as descrIbed In Sectlon 3.J(d) below, the maXlmum allo~able bUlldlng helght of the ProJect shall be 34.1 feet above the Average Natural Grade, except for the spIre extend~ng above the second floor l~nkage between BUlldlngs Band C, wh~ch splre may extend to a max~mum height of 51.1 feet above the Average Natural 11 aev.Sed. t2/07193-3LDAlD7.848 00120 Grade. If the City's appl~cation to the California coastal Commission amending the Land Use Plan is den~ed with respect to height, then the height of the Project shall not exceed 30 feet above the Averaqe Natural Grade. 3.3 (c) Stories. The Project shall not contain more than two (2) stories above the parking garage, as shown on the plans in Exhibit D. Pursuant to zoning Ordinance section 9.04.10.08.210, the finished floor of the first level of the building or structure above the parking garage may be located up to three feet above the Average Natural Grade. 3 . 3 (d) /Unendment of Land Use Plan . City shall authorize OWner to file and pursue wi th the California Coastal Commission an amendment to City's Land Use Plan to the extent necessary to authorize the Project as contemplated in Sections 3 and ~ of th~s Agreement. W~th~n th~rty (30) days after the Effect~ve Date of th1s Agreement, City shall adopt a formal resolutlon authorizlng Owner to file such an application and eXpress~ng support for the requ~red amendments. However, Owner may not file that applicat~on until Owner has first obtained City approval or condltlonal approval of the archltectural deslgn of the ProJect pursuant to Sectlon 11 of thlS Agreement. Clty shall fully cooperate and reasonably asslst at all tImes wIth Owner's efforts to ob~a:~ coastal COr.~lSSlor approval for such an amendment. 12 R~YI'ed 12/07193-3LDAL07.848 ....0012.i. 3.4 Minimum Setbacks. The pro) ect shall comply with the applicable front yard, s1de yard, and rear yard setbacks as required by the zoning Ordinance, except that, as shown in Exhibit D, the project shall be permitted to intrude into the required setbacks as follows: 3 .4 (a) Buil ding A. .The finished location of Building A (i.e., the Lobster) will be at the same location on the Property as it presently stands. At that location, certain corners of the building are and will be approximately four (4) feet from the Property lines along Ocean and Colorado Avenues as shown on the Project S1te Plan, notw1thstanding Section 9.04.0a.12.060(d) and (f) of the Zon1ng Ord1nance, which otherwise requires a minimum 35-foot front yard setback along the west side of Ocean Avenue at this locat10n and a minimum s1de yard setback of approximately 9.6 feet. 3.4(b} Build1nq D. As shown on the Project site Plan, port1ons of Build1ng D will be located up to a point no less than five (5) feet from the Property line along Ocean Avenue, notw~thstand1ng Sect10n 9.0~.08.12.060(d) of the Zon1ng Ordinance, wh~ch otherw1se requ1res a m1n1rnurn 35-foot front yard setback along the wes~ slde of Ocean Avenue at thlS locat1on. 3.~ Landscaplnq. An unexcavated s~de yard setback equal to at least four (4) feet 1n width shall be provided along the 13 Revt&ed: 12/01193-3LDAl07.848 00122 entire length of the s~de property line of the project site on the opposite side from colorado Avenue. The Project shall be fully landscaped in a manner subject to approval of the City's Architectural Review Board ("ARB"), provided, however, that the Project shall not be required to provide an unexcavated front yard, nor shall the Project be required to provide an unexcavated side yard along Colorado Avenue, notwithstanding Zoning Ordinance section 9.04.10.02.170 or the interim standards set forth in City ordinance No. 1675 (CCS) or any later City ordinance permanently ~mplementing those standards. 3 . 6 Parkinq. Parking for the proj ect shall meet the follow~ng cond~tions: 3.6{a) Ouantitv. prior to issuance of a building permit for the Project, the Zoning Administrator shall determine the requ~red m~n~mum n~mber of total parking spaces in the ProJect ~n accordance with the fcllowing formula: 3.6(a) (~) One parking space for each 300 square feet of office space floor area. 3.6(a) (~~) One park~ng space for each 300 squarE :eet of retall space floor area. 3.6(a) (~~~l One park~ng space for each 75 square feet of floor area for food service and seating 1n the 14 ReYlsed 12/07/93-3LDAL07.84S Q012~ restaurants, including both exterior and interior seating areas~ one parking space for each 50 square feet of floor area in any portion of the restaurants used as a bar for service of alcohol~ and one parking space for each 300 square feet of the remaining floor area in the restaurants used to support the service and seating area. 3.6(a) (Iv) Bicycle storage racks for at least four (4) bicycles shall be installed where indicated on the Project site Plans. 3.6(b) Compact. Notwithstanding Zoning Ordinance Section 9.04.10.08.040, up to fifty-one percent (51%) (with fractions of less than one-half percent rounded down to the nearest whole numher) of the minimum number of parking spaces required by Paragraph 3.6(a) may have reduced minimum dimensions of 15 feet in length by 7~ feet in width. All other required parking spaces, except for the hand~capped parking spaces required by section 3.6(f) of th~s Agreement, shall have min~mum dimensions of 18 feet ~n length by 8~ feet in width. 3.6(c) randem. Notw~thstanding Zoning Ordinance Sectlon 9.04.10.08.050(c), tandem park~ng shall be permitted as descrlbed ~n th~s Paragraph J.6(c}. No more than twenty percent (20%) (w~~h fract~ons of a space less than 0.5 rounded down to the nearest ...,hole number) of the requJ..red parkJ..ng spaces for the ProJect will be tandem park~ng. In determJ..ning this percentage, 15 bVl.ed 1Z1D7/93-3LOAL01.at.e ~. 00124 the zoning Administrator will compare (i) the number of required spaces blocked by another space, with (ii) the total numher of required spaces for the Proj ect. At least one valet parking attendant shall be on duty at the Project during the hours the premises are open for business. 3.6(d) rarkinq Operations. Prior to issuance of the Certificate of Occupancy for the Project, owner shall sub.it a written parking plan to the City Parking and Traffic Bngineer for reVl.ew and approval, which approval shall not be unreasonably withheld. Among its other contents, that parking plan shall provl.de the follow1ng: (1) all valet park1ng services (including customer embark~ng and d~sembarking and valet dr~ven parking routes) shall occur only on the Project site; and (2) to the extent that surround~ng publicly owned and operated parking lots located on the Santa Monica Pier are open after the normal business hours of the perml.tted commerc1al offices in the project, which may ~nclude weekends, major holidays and evenings, then: (i) parking spaces l.n the Pro) ect' s parkl.ng garage shall be available for publ1C use, (~J.) the quantl.ty of spaces available for public parkl.ng shall be no less than the numher of parking spaces required by the off1ce space 1n the proJect accordl.ng to the formula con~a~ned 1n Sectl.on 3.6(a) (1), (1.11) durl.ng such hours the ava~lab~:~ty of such publ~c parklng shall be consplcucusly adve~~lsed 1n appropr1ate slgnage on the Property, and (l.v) park~ng fees nay be charged to the publlC for such parkl.ng so long as the 16 ReVised: 12/07/93-3LDAlD7.84B 00125 rates charged do not exceed the rates in effect at the surrounding State beach parking lots. prior to issuance of the Certificate of Occupancy for the Project, Owner shall also install signage and physical implements (such as a tire spike d~rectional control unit) prohibiting vehicular traffic, including delivery vehicles, from exiting via the Project's delivery driveway onto the Highway Access Road. Said tra.ffic signs a.nd physic!ll impediments shall be sub; ect to approval by the City's parking and Traffic Engineer prior to installation by Owner, wh~ch approval shall not be unreasonably withheld. 3.6 (e) Loadinq Zone. City and OWner agree that the load~ng space for the Project shall be located where it is depicted on the ProJect Site Plan attached as Exhibit D which complies with Part 9.04.10.10 of the Zoning Ord~nance. 3.6 (f) tJand~capped. One out of every forty parking spaces requ~red under Sect~on 3.6 (a) shall be dimensioned and marked for hand1capped park~ng. 3.6(9) Parking Sianage. Prior to issuance of the Cert.lfIcate of Occupancy for the ProJect, Owner shall install slgnage on the Property, d~rectlng ProJect Vls~tors and employees to and ! rOI: the par}:~ng garage In the ProJect. Those ProJect ~ra~~lC SIgns shall be subJec~ to approval by the City'S Park~ng and TraffIc Englneer pr~or to thelr lnstallatl.on by Owner, wh~ch approval shall not be unreasonably withheld. 17 ReVised 12fOT/9l-3LDAL07.848 00126 3.6(h) CalTrans. Prior to issuance of a building permit for the Project, Owner shall seek and obtain all necessary permits or approvals from the California Department of Transportation ("CalTranstl) for any new curb cuts which the Owner proposes to make along the Highway Access Road in order to align the driveway for deliveries into the Project. 3.7 Demolition of Fish Marke~ Buildina. Tbe s~ructure . curren~ly on the Property commonly referred to as the Fish Market has not been the SUbJect of any historical or landmark applications, is not listed among the sites identified in the San~a Mon~ca H~storical Res~urces Inventory Final Report (1985-86), and may be demol~shed without further Clty permits or approvals, except for a demolition permit to be issued by the City without review by the City's Landmarks Commission, notwithstanding the city's Landmark Ord~nance (Santa Mon~ca Municipal Code Sections 9.36.010, et seg). Until such t~me as demolit~on of the Fish Market is undertaken, Owner shall keep the structure secure by boarding up all openJ.ngs. 1Dal.ntal.n~ng fencJ.ng around the perimeter of the Property, and keep~ng the Property free of accumulated debris and brush that rn1ght otherw1se InhIbIt easy surveillance of the Property to the satIstac~lon o~ the CIty BUl.ldl.ng and Safety O~:lcer and the CIty FIre D~pa~~n~nt. 3.0 Lobster BUlldlnq. Owner shall preserve and restore the eX1stl.ng front facade faCIng Ocean Avenue and the majority of 18 RaYl5ed' 1Z/07/93.3LDALD7.848 .", 00127 the side facades of the Lobster Building. ~hose portions of the facades to be preserved are more particularly described in Exhibit D. This building shall constitute Building A as described in section 3.1(a). Prior to construction of the Project, Owner will need to move the Lobster Building from the property so that, among other things, the parking garage can be excavated beneath its location. Until that time, owner shall keep the Lobster Building secure by boarding up all openings. Before moving those portions of the Lobster Building to be preserved, owner shall hire a certified architectural historian with experience in building preservation methods to prepare a Relo=ation Preservation Plan describing the process for the~r temporary removal, storage and return. The plan shall fully document the existing Lobster Building prior to relocation with exter~or and interior photography and measured draw~nqs completed to Historic Amer~can Building Survey (RABS) spec~f~cat~ons. The restorat~on of the Lobster Building shall use the Secretary of Inter~or's Standards for Rehabilitation of H1stor1c Buildlngs as a gu~de. Owner shall submit a written copy of that plan to the Dlrector of Land Use and Transportation Management for pr~or reV.lew and approval before its implementation. Such approval shall not be unreasonably wlthheld. When the facades are ret.urned 'to the Propert.y, the Lobster Bu~ld~ng shall be recons~ructed as shQl.....n on E>:h1bl t D 1n apprQx~mately ~ ts same lo=a~lon. No te~porary or perwanent Cert1f~cate of Occupancy shall be ~ssued for any port~on of the ProJect until the facades of the 19 le'tlud n/07/9l'1l.DM,07.848 ~- 0 0 1 2 8 Lobster Building have been returned to the Property and the reconstruction of the exterior of the Lobster Building has been completed in accordance with the requirements of this section 3.8. Before a permanent Certificate of Occupancy is issued for the Project, Owner shall provide the Director of Land Use and Transportat~on Management with evidence that Owner has made best efforts to obtain an operator to occupy the Lobster Building. Such best efforts shall include, without limitation, listing the premises for rent with a licensed real estate broker or agent, showing the Lobster Build~ng to potential commercial tenants, and posting appropriate signage indicating that the space in the Lobster Building is available for rent or lease. Owner is not requ~red to perform any tenant ~mprovements to the interior of the Lobster Building prior to the issuance of temporary or permanent cert~f~cates of Occupancy for all or any portion of the Project. In the event that, notwithstanding Owner's best efforts, the facades of the Lobster Building are partially or completely damaged or destroyed dur~ng their removal, storage or reassembly, then Owner shall be obligated to reconstruct the damaged or destroyed facades of the Lobster Bu~ld~ng ~n a manner replicating the or~g1nal facades. The Owner shall be ent1tled to replace the rear facade of the Lobster BU11d1ng w1th a ne~ facade Wh1Ch ~s arch1tecturally co~pa~1ble ~Ith the front and SIde facades. The Owner shall be en~ltled ~c replace the roo: o~ the Lobster BU11dlng. The Owner shall be entItled to remodel the lnterlor of the Lobster BUlldlng so long as such 1nterior alterations do not materially affect the 20 Revl&ed. 'Z/07/9J.3UD~07.848 .. 0012?i external appearance of the structure. The Owner shall be entitled to replace the exterior awnings which presently exist on the Lobster Building with new awnings of similar size and shape and of one or more colors in shades of red or blue subject to approval by the Architectural Review Board. Any new awnings which replace the existing metal awnings may consist of a fabric material, in the Owner's discretion but subject to approval by the Architectural Review Board. From time to time OWner may wish to make changes to the images painted on the exterior facades of the Lobster Building to identify the then-current user of Building A; in such event, OWner shall reflect the character and ~magery of the existing graphics on the exterior facades, subJect to approval by the Architectural Rev~ew Board, w~th rights of appeal to the Planning commission and subject to the provisions of Section 3.10 of this Agreement, ~nclud~ng the l~mits on total sign area for the Project. 3. 9 fl.dlll;1.n;Lstrat~ ve and Technical Construct,j.on Codes. Except as otherw~se specifically prov~ded herein, the Project shall be des~gned and constructed ~n compl~ance with the Administrative and Techn~cal Construct~on Codes of the City (Chapter 8.04 of the Santa Honlca Mun~cipal Code) ~n effect ~n the City at the time of an} appl~cat~on by Develope~ for ~ssuance by the Clty of a build~ng pe~l~ to~ construction 0: an~ bUlld~ng, structure or other 1mprovenent ~n the ProJec~. 21 Reviled. 12/07193-]LDAL07.848 00130 3.10 Sianaqe. signage at the Project shall comply with Chapter 9.52 of the Zoning Ordinance, except that the existing imagery and graphics on the exterior facades of the Lobster Building may be maintained and repainted, notwithstanding Zoning ordinance section 9.52.210, after those facades are removed, stored offsite and returned to the Project site. Furthermore, the limitations on total sign area for the Project as set forth in zoning Ordinance section 9.52.210 shall not include the Lobster imagery and graphics so long as the same are not modified to depict a new use of the Property. If the graphics of the Lobster Building are modified to depict a new use of the property, then to the extent they are modifled they w1ll be counted towards the lim1tat10ns on total sign area tor the Project. 3.11 Construct,ion M1tiQation Plan. A construction period mit1gat1on plan shall be prepared by OWner for approval by City's Department of General Serv1ces prior to issuance of a building perm1t for the ProJect. The approved construct1on mitigation plan shall be posted on the Property for the duration of the period of ProJect construct1on, and cop1es of the plan shall be made ava11able by OWner to the members of the general public, on request and wIthout charge _ Th1s constructlon m1 t1gation plan shall: (aJ spec~fy the names, addresses, telephone numbers and bus1ness lIcense nur.~ers of all contractors and subcontractors, as well as the O~ne~ of the Property and archItect for the ProJect; (b) descr~be how demol1tlon of the F1Sh Market au~ld~ng and the unpreserved port1on of the Lobster Building is to be accomplished; 22 ReVIsed 12107l93-3LDAL07.848 .- 0013: (c) indicate where any cranes are to be located for erection/construction of the Project; Cd) describe how much of the public streets, alleyways, or sidewalks is proposed to be used in conjunction with construction; (e) set forth the extent and nature of any pile-drive operations; (f) describe the length and numher of any tie-backs which must extend under the property of other persons; (g) specify the nature and extent of any dewatering and its effect on any adjacent buildings; (h) describe anticipated construction-related truck routes, nnmher of truck trips I hours of hauling and their parking location; (i) specify the nature and extent of any helicopter hauling: (j) state whether any construction actl.vl.ty before 8:00 a.m. or after 6:00 p.m. on Monday through Friday, or before 9:00 a.m. or after 5:00 p.~. on Saturdays, or at any time on Sunday, is proposed: (k) describe any proposed construct~on noise mitl.gation measures; (1) describe construction period security measures, including any fencing, I1ghtl.ng and any secur1ty personnel: (m) provide a Project Site dra1.nage plan to apply during construction; (n) provide a construct~on-perlod parking plan WhlCh shall minimize use of public streets for parking; (0) I1st a designated on-site construction manager; (p) describe how all public street trees located near ProJect 51. te shall be protected from damage, death or removal durlng construct1.on; (q) descrlbe pest control eradicatlon program fo~ lr.plenen~a~lon durlng constructlon, lncludlng protectlon agalnst pest control lmpacts on nelghbor1ng propertles; (r) descrlbe I1mlts on the scope and duratlon of the use of publlC streets, alleyways and sldewalks for construction activlties to 23 I~VISed: 12/07193-3LDAl07.848 '. 0013 2 ensure that they are kept passable for the general public during construct~on; (s) describe a program for covering the trailers of all vehicles when they are hauling soil or other construction debris from the Project Site to minimize dust emissionsr (t) periodically water the Project Site during excavation to control fugitive dust emissions; and (u) contain an agreement to post a sign on the Project site in a manner consistent with the City's standard public hearing sign requirements and which shall describe the permitted hours of construction and identify the address and telephone nwnber of the Owner for the purpose of responding to questions or complaints during the construction period. Any signage ~nstalled to advertise the project during construct~on shall be SUbJect to prior review and approval by the City's Architectural Review Board. During all periods of construct~on after demolition of the Fish Market Building, security fencing of not less than six (6) feet in height shall be erected by Owner around the per1meter of the ProJect S~te. OWner shall keep the ProJect S~te free of accumulated trash and brush. No street trees shall be removed by Owner as a result of the Project without the approval of the D~rector of the Department of CUltural and Recreational Services, in theJ.r sole and absolute discretion. Approval of a constructIon mltIgatIon plan for the ProJect shall not relIeve the Owner of the duty to obtaIn any deslred const~u~tlon-related permIts o~ aporovals, such as an after-hours const.ruct..:.or: perr.at or an encroachment permIt If such work 15 contemplated. 24 ~ev'5ed: 12/07193-3LDAL07.84B 0013~ 3.12 Recvclinq Plan. To mitigate solid waste impacts, prior to issuance of the certificate of Occupancy for the project, Owner shall submit a recycling plan to the Director of the Department of General services for approval, which approval shall not be unreasonably withheld. This recycling plan shall: (1) list all materials such as white paper, computer paper, metal cans, and glass to be recycled at the Project; (2) identify the location of recycling bins in the Project: (3) designate a recycling coordinator for the Project; (4) describe the nature and extent of internal and external collectlon of recycled materlalsi (5) establish a recycling collection schedule: and (6) propose a plan for lnforming Project tenants/occupants of the Project's recycllng program. 3.13 Security Plan. Prior to issuance of a temporary or permanent Certificate of Occupancy for any portion of the project, a securlty plan shall be submltted to the Chief of Police and the Olrector of Land Use and Transportation Management for review and approval, WhlCh approval shall not be unreasonably withheld. The plan shall address both phys~cal and operational security issues of the ProJect. ~. USES. 4.1 Perffiltted Uses. By executlon of thlS Agreement, the elL) spec~flcally approves, as perm~tted uses and SubJect to the 25 R~"'lsed 1l/07/93-3LOAl07.848 ,., " 0 0 1 3 4 maximum floor area l1mits for each use established in Section 4.2, the following uses of the ProJect and Project Site: 4.1 (a) Subject to California Coastal Commission approval of a Land Use Plan Amendment authorizing such uses, general and specialty offices located in all or any portion of Building C, including the ground floor, notwithstanding the fact that Building C might be deemed to have street frontage for purposes of applying Zoning Ordinance Section 9.04.08.12.040(d), or in all or any portion of BU1ld1ng D above the ground floor, or in both locations. No medical office use shall be allowed in the ProJect. 4.1 (b) Restaurant uses, including the right to sell and d1spense alcohol1C beverages for on-site consumption in BU11d1ngs A and B in accordance with the terms and conditions set forth in Sect10n 4.3 here1n. There shall be no more than three (3) separate restaurant estab11shments, 1ncluding any snack shop in the Lobster BU1ld1ng, operat1ng wlth1n the Project at anyone time; provIded, however, that the sewer llnes for all restaurants on the ProJect shall be connected to a grease intercepter housing a mlnlmUI:' statIc holdIng capac1ty of 1,000 gallons for all the res~auran~s cumulatIvely, lr order to pretreat sewered grease. t. . 1 (c) Th12 ;"'obst.e:- Bu~ld~ng shall be used as a "snaCt: shop. II That terr shall be deflned for purposes of this Agreement to mean the fol1owlng: A restaurant intended for casual 26 Rev1aed: 12f07193-3LDAL07.84B 00135 dining pr~marily on-site, with no more than fifty (50) indoor and outdoor seats. The service and sale of beer and wine shall be allowed in this snack shop in accordance with Section 4.3, but not the service or sale of any distilled spirits. This snack shop may have take-out service, which shall not exceed fifty percent (50%) of its customer sales. There shall be no drive-thru operations, and no delivery service shall be permitted from the snack shop. Any such snack shop located in the Lobster Building shall be deemed to be a restaurant for purposes of calculating the square footage of restaurant uses in the proj ect under Section 4.2 and for purposes of calculatinq parking requirements under Section 3.6. Notw~thstand1ng the prOV1S1.0nS of this Subsection 4.1 (c), the Lobster Build1ng may alternat1vely be used as a bona fide restaurant not deemed to be a snack shop, or for any other visitor- serving retail use approved by the Zoning Administrator and not prohib1ted by Zoning Ordinance Section 9.04.08.12.020 or the Land Use Plan. 4.1(d) General retail and specialized retail uses, 1nclud1ng any "lnc1dental Food Use" as def1ned in Section 1.5. An Incidental Food Use in the proJect shall not be authorized by this Agreement to sell or d1spense alcohol1c beverages. ~ .1 (e) Any other uses permItted as a matter of rlgh~ b) Zon:ng Ordlnance SectIon 9.04.08.12.020 and the Land Use Plan. 27 R~I.ed: 12/07193'3LOAL07.&48 i. 00136 4.1(f) Accessory uses wh~ch are determined by the zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the uses permitted above. Except as otherwise prov~ded in this Agreement, only Administrative Approvals from the Zoning Administrator are required to use the Property or Project for the uses permitted by 1:11is section 4.1, and none of the following additional permits or approvals are required for those uses: a Use Permit, Conditional Use Permit, Performance Standards Permit, Zone Change, Variance Application, or any other permit or approval, whether ministerial or d1scret~onary. The Zon1ng Adminlstrator shall issue an Administrative Approval for any use of the Property or Project, if such use is author1zed by th1S Agreement, 1ncluding the requirement that park1ng for the Project must continue to satisfy the parking requlrement of Sect10n 3.6 (a) . Nothing ~n this section 4.1 is 1ntended, nor should be construed, to obviate any requireJllents under codes, ordlnances, rules, regulations or official policies of the Clty to obtaln llcenses and permlts 1n conJunction with, and as a cond~t~on of. the operat~on of bUS1nesses within the city. I f the Callfornla Coastal ComrnlSS1on does not approve the Cl ty I S appllcatlon to amend the Land Use Plan as necessary to au~horlze co~~erclal oftlce use In ~he ProJect In accordance w1th Sectlon :.3(d) of thlS Agreenent, then City and Owner shall meet and confer regardlng whether to amend thls Agreement. If Clty and Owner are unable to agree on amendlng th1S Agreement under those 28 ReVI5ecl 12107l93-3LDAL07.848 00137 circumstances, or if the City Council denies such an amendment, then Owner may elect whether to proceed with this project by using Buildings C and 0 only for the uses described in sections 4.1(d), 4.1(e) and 4.1(f). As provided in section 6, if Owner does not obtain a building permit for the Project within two (2) years after the Effective Date of this Agreement, then this Agreement shall automatically terminate. 4.2 ~ount of F~oor Area Devoted to cateaories of Uses. The floor area for the following uses shall satisfy the limits set forth below: 4.2{a) Restaurants -- No more than 6,200 square feet of floor area, including all outdoor patios, decks, balconies, terraces or other outdoor areas, to the extent they are used for restaurant activity, including outdoor d1ning: provided that the total floor area ~n the ProJect must not exceed 11,800 square feet ln accordance w~th Sect~on 3.2 of this Agreement, and provided further that at least 2,000 square feet of floor area in the ProJect must be for retail use. <.2 (b) Off1ce uses -- No more than 4,500 square feet of floor area, subJect to cal~fornla Coastal Comm1SS1on approval o~ an aMendment to the Land Use Plan authoriz1ng such uses. provlded that the total floor area In the ProJect must not exceed 11,800 square feet In accordance w~th Sect10n 3.2 of th~s 29 Revised. 12/D7193-3LOAl07.848 00138 Agreement, and provided further that at least 2,000 square feet of floor area in the Project must be for retail use. 4.2 (c) Retail -- At least 2,000 square feet of floor area. There shall be no more than 25 seats for Incidental Food Use in the entire Project. 4.2 (d) This Section 4.2 does not authorize the Project to exceed 11,800 square feet of total floor area, and the Project must contain at least 2,000 square feet of retail uses; therefore, the Project cannot simultaneously contain the maximum floor area of both the off1ce and restaurant uses. 4.3 Sale and consumDtion of Alcoholic Beveraqes. 4.3(a) The C1ty hereby agrees that on-site sale and consumpt1on of alcoholic beverages, including distilled spirits, shall be deemed a permitted use in all restaurants located in Bu~ld1ngs A or B (or both) 1n the Project, including any snack Shop meet1ng the def1nitlon conta1ned 1n Section 4.1(c) of this Agreement for the service of beer and wine only and located in the Lobster Buildlng, and that a separate conditlonal use permit (CUP) shal: not be requ1red for the on-site sale and consumption of such alcohollC beverages in the ProJec~ restaurants at those locations; p~ov~ded tha~, 1f the sale and consu~ptlon of alcohol1C beverages ....'1 ~hln floor area devoted to any such restaurant use is not commenced with1n two years after the Certificate of Occupancy is 30 Rev I sed 12/07193- 3LOAl07.848 ~.. 00138 ~ssued for the proJect, then a conditional use permit for any floor area not used for the sale and consumption of alcoholic beverages during those first two years shall be obtained if required by the Zoning Ordinance controlling at that time. As stated in Section 4. 1 (d) above, this Agreement shall not be deemed to authorize the sale of alcoholic beverages at any Incidental Food Use in the project. As stated in Section 4.2(a) above, the total floor area of the restaurants shall not exceed 6,200 square feet.. The restaurants shall not contain more than 300 seats, including all 1ndoor and outdoor seat1ng and bar areas of the restaurants and excluding any seats for any Incidental Food Use as defined in Sectlon 1.5. Pursuant to section 4.1 (c), a restaurant in the Lobster BU1ld1ng may not have any more than fi 'fty indoor and outdoor seats. The restaurants, not counting any restaurant located ~n the Lobster Build~ng or its outdoor seats if any, shall contain no more than 250 indoor and outdoor seats, excluding seats for any InC1dental Food Use. The on-s1te sale and consumption of alcohol~c beverages shall be subJect to the following terms and condlt.~ons: 4.3(a) (i) The primary use of each restaurant shall be for 5~t-down meal servlce to patrons. No more t.han thlrt.y-flve (35%) percent of t.otal gross revenues per year fro. each restaurant. 1n the ProJec~ shall be from alcohol sales. Eacr rest.aurant operator sha~l malnt.aln records of gross revenue sources wh~ch shall be avallable to the C~ty of Santa Mon1ca and 31 ReY'.ed. '2/07t93-3~107.&48 00140 Californ~a Department of Alcoholic Beverage Control ("State ABC") upon request. 4.3(a) (ii) Each restaurant shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises, and food shall be available during all hours the establishment is open tor business. 4.3(a) (iii) Take-out service shall be only inC1dental to the primary sit-down service in each restaurant, and no alcohol1C beverages shall be sold for consumption beyond the premises. 4.3 (a) (iv) Where any of the restaurants request a m1nlmum purchase per patron, such restaurant(s) shall permit the minimum purchase to be sat1sfied with the purchase of food and non-alcohollC beverages. 4 . 3 ( a) (v) Owners of each restaurant shall make reasonable efforts to control any n01sy patrons leaving their establ1shments. ~.J(aj (Vlj Prlor to 1ssuance of a bUs1ness l~censc for the restauran~, as appllcable, the operator shall SUb-l~ a plan to the PlannIng Manage~ regardIng an employee alcohol awareness tralnlng progra~ for all employees having contact with 32 RevIsed. 12/07193-3lDAl07_848 0014. the public and shall state the restaurant's policies addressing alcohol consumption and inebriation. 4.3 (a) (vii) Prior to issuance of a business l1.cense for the restaurant, as applicable, the operator shall establish a t1desiqnated driverll program, which shall be offered by the operator of the restaurant to patrons. The program shall be for parties of two or more persons, the designated driver shall be provided non-alcoholic beverages at no cost, and the proqram shall be stated on menus, table tents or signs in the restaurants. 4.3(a)(vi1.i) No vldeo or other amusement games shall be perm~tted 1n the ProJect. 4.3 (a) (ix) The perimeter of all outdoor dinlng areas 1.n the ProJect must be delineated by physical design features wh~ch are permanent or semi-permanent elements of the ProJect. The he~ght and mater~als of these perimeters shall be subJect to reV1ew and approval by the Zoning Administrator before 1nstallat~on, WhlCh approval shall not be unreasonably withheld. I f these per 1meter barriers use any type of stretched canvas rnate~~al, 1t must be s~rung through eye hooks. ~.3(a) (xl All outdoor d1n1ng areas in the ProJecL s~all be fully accesSIole to the phys1cally handicapped in accordance wlth T1tle 24 of the Ca11fornla Code of Regulations. 33 R.vlsed- 12/01/93-3LDAL01.848 00142 4.3(a) (xi) The primary use of any outdoor dining areas of the Project shall be for seated meal and beverage service. Patrons who are standing in the outdoor dining areas shall not be served meals or beverages. Unruly behavior shall not be permitted in any outdoor dining areas. 4.J(a) (xii) When the kitchen of 'any restaurant baving an outdoor dining area is closed, that restaurant shall not seat any new patrons in the outdoor dining area and the outdoor dining area for that restaurant must be closed when those patrons already seated there have left the restaurant. 4.3(a) (xi~~) No dancing or amplified live enterta1nment shall be perm1tted 1n the Project except as may be author1zed 1n the future by cond1. t10nal use permit or other appropriate City permits. Nonamplified live background music, with ampllf1.ed vocals only, may occur in the interior seating areas of the restaurants dur1ng hours when meals are served. Live entertalnment 1S not permltted ~n any outdoor seating area in the ProJect. Any restaurant ~n the ProJect prov1d1ng l1ve music as author1zed by this Section shall comply with the city's Noise Ord1nance contalned at Chapter 4.12 of the Santa Mon1.ca Mun1.cipal Code. Arnpl1.fled vocals as authorIzed by thIS Agreement shall not, ;...: ~hou~ ampll f lec Instruments, requ I re complIance wIth SectIon ~.1:.16u o~ ~he NOIse Ord:nance_ 34 Revl.ed: 12/07/93-3LDAL07.848 00142 4.3 (a) (xiv) All port~ons, ~ncluding the floor, of any outdoor d1n~ng areas in the Project must be maintained free of litter, food scraps and soiled dishes at all times. The floor of all outdoor d1ning areas must be cleaned on a daily baS1S whenever it has been in use. If any restaurant (or restaurants) in the Project provides self-service or take-out service meals, each such restaurant must maintain an adeqUate nnmher of employees to clear refuse and litter from any outdoor dining area for that restaurant even though table service Of meals ~s not provided. 4.3(a) (XV) All restaurants with outdoor d1n1ng areas 1n the ProJect must have employees to continuously superv1se their outdoor dining area whenever it is in use. 4.3(a) (xvi) All restaurants serving alcohol~c beverages ln the ProJect must have a supervisor present on-s~te at all tlmes when alcohol~c beverages are being served or consumed on the prem~se5. 4.3 (a) (xv 1i) Except during special events, alcohollC beverages shall not be served 1n any d1sposable con~alncrs such as d~sposable plas~lc or paper cups. ~-J(ai (X'I.'l':'l) No alcohol servlce of any klnc shall be pernlltted In establlshments with counter p1ck-up 35 R~lsed 12/D7/93-3lDAl07.848 00144 service for food and beverages or 1n establishments that utilize common area seating for food and beverage consumption. 4.3 (a) (xiv) No "off-site'l alcohol licenses shall be permitted in the Project. 4.3 (a) (xv) outdoor dining areas where alcohol service is allowed shall be adequately secured to prohibit contact with non-patrons and door security must be provided at all t1mes dur1ng hours when alcohol beverages are being served outdoors. 4.3(b) Upon wr1tten request of Owner, City shall conf1rm in writing with the state ABC that owner has obtained all local approvals necessary for the on-site sale and consumption of alcohollC beverages in all restaurants in the Project and that C~ty, 1ncludlng the Santa Mon~ca Police Department, does not Object to the ~ssuance of a license from the State ABC for consumption of alcohollC beverages In all restaurants in the Project. Notw~thstand1ng the forego~ng, the Santa Monica Police Department shall reta~n the r~ght to object to the character or quality of any proposed ABC llcense holder In the ProJect under appropriate Clrcums~ances. At least thlrty (30) days pr10r to submittlng an app':"1.ca:'.lon to the State AB:::: for lssuance or transfer of an alcohollc beve~age 11cense fo~ a restaurant In the ProJect, e~ther Owne:- or ~hE: proposed llcense holder shall not1fy the Chief of Pol~ce of the 1dent1ty of the proposed l1cense holder. This 36 Revlsed_ 12/01193-3lDAL01.848 .~ 0 0 1 4 S notificat1on shall be provided for the purpose of enabl~ng the Santa Monica Police Department to perform a background check on the proposed license holder. 4.3 (c) Except as expressly provided in Section 4.3(a) above, any sale of alcoholic beverages in the Project is prohibited. 4.3(d) In agreeing that on-site sale of alcoholic beverages may occur in the approved restaurant locations in the ProJect, the City hereby finds and determines that the proposed use and locat1on are in accordance with good zoning practice, are in the public 1nterest, substant1ally advance the public convenience, and are necessary so that substantial justice be done in that: the ProJect S~te 1S located in an area where v1sitor-serving uses such as restaurants are encouraged by the City's Land Use Element and the Callforn1a Coastal Act: alcohol service will be incidental to meal serv~ce ~n the restaurants, and the sale of alcohol at this locatlon will be appropriately condit1oned as described in this Agreement; the locat1on of the restaurants is physically shielded from the nearest res~dences by other buildings in the Project; the ProJect SIte 1S located adJacent to the Santa Monica P1er, Wh1Ch at~racts approxlmately 2.5 rnllllon VIsItors annually: the locatIon 0: ~he f'ro) ect SIte 15 a ke) Ilnt: between the Downtown and the Ple~. ~he Pro)ec~ Slte ~s not In close proXl~lty to any establ~shed churches, schools or hOspItals; and the proJect w1ll conta1n the quantIty of parklng spaces requ1red by the Zoning Ordinance. 37 Revised. 12/01/93.3LDAL07.84! 0014; 4.4 Owner's Support For Pier Activities. Owner hereby acknowledges his support for the current and on-going efforts to redevelop the Santa Monica pier. Prior to their occupancy or execution of lease agreements, Owner agrees to notify prospective tenants of the Project that the Santa Monica pier is a visitor- serving environment and to refer them to the Pier Restoration Corporation for a description of activities and operations on'the Santa Monica Pier. OWner hereby waives, on behalf of OWner and all future tenants of the Project, the right to object to any noise impacts on the Project caused by the present or future activities on the Pier unless they constitute a nuisance under principles of common law. For purposes of this Section, office uses in the ProJect shall be treated as if they were visitor-serving retail uses and shall be ent~tled to no greater protections against public nu~sances than are afforded at common law to v~sitor-serving retail uses in the PrOJect. 5. STANDARD AND SUPPLEMENTAL PROJECT MITIGATION MEASURER. To comply w~th appl1cable proviS1ons of the General Plan and the Santa Monlca Munlclpal Code for m1t1gation of commercial projects of th1S S1ze and type, owner agrees to provide the project m~tlgatlon measures and Development Fees set forth below in this Se:::tlOr. 5, 5.~ Wate~ De~an= ~l~lqatlon Fee: As requlred by Clty ordInances and pOll.CleS l.n effect at the tl.me Owner obtal.ns a bUlldlng permlt for the ProJect. 38 RevIsed. 12/07/93'3LDAL07.848 00147 5.2 Sewer Connect~on Fee: As required by City ordinances and policies in effect at the time Owner obtains a building permit for the project. 5. 3 Transportat~on Impact Fee: As required by City ordinances and resolutions in effect at the time Owner obtains a building permit for the Project. If this fee is not required to be paid at that time because a resolution setting the amount of the fee has not been adopted by the city Council by that time, then th1S fee shall be paid by Owner in accordance with any such resolution adopted prior to issuance of a certificate of occupancy for the ProJect. 5.4 Water Meter Fee: As required by City ordinances and pol1cles 1n effect at the time Owner obtains a building permit for the ProJect, if applicable. 5.5 Houslna and Parks ImDact Hitiaation Fee. city and Owner agree that the Project is exempt from the Housing and Parks Impact M1.tJ,.gat1.on Fee set forth l.n the LUeE and Santa Monica Ord1.nance No. 1367 (CCS) because the ProJect consists of less than 15,000 square feet of commercial office space. ~.6 Ple~ Promotlona~ Fund. CommencIng upon the Issuance of a Cer~~:lcate of Occupancy for the ProJect, Owner shall pay an annua: contrlbutlon to a fund for prornotlonal act1vIt1es on the Santa Mon1.ca P1.er 1f and when such a fund is established by the 39 Reviled 121D7I93-3LOAL07.848 00148 P1er Restorat10n Corporat1on, or its successor, for all commercial tenants located on the Santa Mon1ca Pier. owner's obligation for this annual contribution shall be calculated at one-half of the assessment rate applicable to commerc1al tenants located on the Santa Monica P1er. In no event shall Owner's obligations under this Section 5.7 be assessed at a rate above $1.00 per square foot of leasable space in the ProJect, which maxilllum rate shall" be adjusted annually by the percentage increase, if any, from the effective date of this Agreement, in the Consumer price Index of the Bureau of Labor statistlcs of the United States Department of Labor for Urban Wage Earners and Clerical Workers, Los Angeles- Long-Beach-Anahelm, Cal1fornl.a (1982/84 base) I1All Items.11 The 1n1t1al contribut1on due under Sect10n 5.7 shall be prorated for the number of days remaining in the calendar year from the date of lssuance of a Certlficate of Occupancy for any leasable space in the Project and shall only be charged for the leasable space in the ProJect for Wh1Ch a Cert~fl.cate of occupancy has been issued. 5.7 Street DedIcatIon. Prl.or to obtaining a building perml t for the proJect. Owner shall execute such documents as ordl.narily requ1red by Cl.ty to obtain an easement for street purposes ("Street Dedlcatlonh). That Street Dedication shall be granted over the surface o~ approxImately SIxteen (16) square feet of ared lo:::ated or: the P:-apert.y ....nere 1 t 1.S ad] acent to the In~erseC~10n of Ocean and Coloradc Avenues. The locatlon of the S~reet Dedlcatlon IS more partlcularly descrlbed In Exh~bl t II E" attached hereto and 1ncorporated by reference herein. 40 RevIsed 12107193-3LDA1.07.84! 0014:; 5.8 Pedestrian connection Bridqe. Owner supports 1.n concept construction of a pedestrian connection bridge ("pedestrian Connection Bridge") over Colorado Avenue linking the sidewalk on the Santa Monica Pier Bridge to either the first floor of Building B or some portion of the deck around the second floor of Building B. Owner, working in consultation w~th the city's Director of General services, shall provide reasonable structural support in Building B for the Pedestrian Connection Bridqe. In the event the City determines it is in the public interest to construct the Pedestr1an Connection Bridge, then the City shall prepare plans depicting the proposed location and design of the Pedestrl.an connection Br1dge. The City shall submit those proposed plans to Owner for reV1ew and approval. Owner may not unreasonably wl.thhold approval of those plans. If the Pedestr~an Connectl.on Bridge is pursued by the C~ty ~n accordance with this Sect10n 5.8, then the City shall be entltled to construct the Pedestrl.an Connectlon Bridge and connect 1t to the f1rst floor of BU11dlng B or the deck Wh1Ch encircles the second floor of BU11ding B, in accordance with plans reasonably approved by Owner. If bU1l t. the Pedestrl.an Connection Bridge shall be constructed 1n a manner whl.ch does not unreasonably l.nterfere loll th Owner's constructl.on or author1zed use of the P:-cJe:::::. ~r~o:- tc construc~lor of the Pedestr1an Connectlon B:-100( I C:::y and O...mer shall execute an easement agreement 1n recordable torr.. creat1ng an easement l.ncorporat1ng the follow1ng terms and cond1t10ns: (a) Owner shall remain the fee owner of the 41 Rev'5ed 12/07/9]-lLDAL07.848 00150 Property and Project and will be responsible for its maintenance at owner's sole cost; (b) the city shall be entitled to construct, repair, replace and maintain the Pedestrian Connection Bridge and join it to the Project; (e) the general public shall have the right to traverse the Pedestrian Connection Bridge and cross the Property to and from Ocean Avenue on foot at all times. 5.9 Potential Modification of Colorado Avenue. In the event the City vacates, condemns or otherwise modifies the current. use of Colorado Avenue between the Property and the Santa Monica Pier Bridge 1n a fashion WhlCh eliminates vehicular access from the Highway Access Road to Ocean Avenue, then OWner shall be obligated to negot~ate ~n good fa1th wlth City for the purpose of providing an easement through the project for vehicles driven by tenants or guests of the existlng city-owned apartment building located at 1616 Ocean Avenue. Such an easement shall provide those tenants and the1r guests w1th reasonable vehicular access from the delivery entrance off of the Highway Access Road through the parking garage to the eXlt onto Ocean Avenue from the ProJect driveway. Such an easement shall be llmlted J.n scope to ensure that its use 1S conslstent wlth the reasonable security and safety needs of the ProJect. The terms of any such easement shall be speclfled in a mutually executed document recorded as a deed restr~ctlon against the Proper~y at t.he ~l1'le the Cl ty vacatesr condemns or othenl1se rnod~ ~ 1 es the use of Colorado Avenue at thlS locatlon _ Th~s easement would lmmedlately and automatlcally term1nate upon 42 RevIsed: 12/07t93-3lDAL01.848 0015: ~ I demolition af the ex~sting apartment building located at 1616 Ocean Avenue, Santa Monica. In consideration for any such easement, the City shall agree to improve a portion of Colorado Avenue at this location in a manner which enhances its pedestrian features and character. The min1mum portion of Colorado Avenue to be improved in this manner shall be located immediately west of Ocean Avenue and shall have dimensions of at least 25 feet in width and. the length shall extend between the southeastern corner of the pier Bridge and the northeastern corner of the Project Site. In no event shall the use or physical character~stics of Colorado Avenue be improved or mod~fied ~n a manner ~ncompat1ble w~th the ProJect. 5.10 ,.-uplic Access To Desic;mated Areas In Pro;ect. owner hereby covenants and agrees to make those areas designated on the ProJect S~te Plan as "Public Areas" open and available to the general publlC for the l~m~ ted purposes of walking, strolling r readlng, eatlng, s~tt~n9, convers1ng 1n small groups and engaging 1n any other slm1lar act~v1t1es beg~nn1ng at 9:00 a.m. and conclud~ng at 9:00 p.m. seven days a week. Th~s Section 5.10 shall not requ1re Owner to author1ze any act1vities not identified above, lncludlng cook1ng, panhandlIng, dIspens~ng or preparlng food, selllns any lteMs, sleeplng, carnplng, plaYlng muslcal Instruments, c;- pc:-! 0:7:1 ng any ac~~ v I ty ..hIC:: ~s a publlC nUlsance or WhlCh unrcasonabl~ 1n~erteres ~ltr the ProJec~ or members of the general publIC engagIng In an actlvlty permltted by thlS Sectlon 5.10. 43 RevIsed. 12/07193-3lDAl07.848 00152 - 5.11 Off-site Improvements. Items 1 through 12 as listed on Exhibit "F" attached hereto and incorporated herein by this reference shall be completed by Owner prior to issuance of a certif icate of occupancy for the proj ect. If the Project site Plans are refined or modified by Owner in a manner consistent with this Agreement but which, under standard practice by City's Department of General Services would give rise to additional off- site improvements, then City shall have the right under this Agreement to require such additional off-site improvements to be completed by Owner prior to issuance of a certificate of occupancy for the Project provided that they have a lawful nexus to the ProJect. 5.12 No Addit~onal Mitiaations. Except as set forth in Sect~on 5 or otherwise provided in this Agreement, the city shall not impose any mitigation measures or fees in lieu thereof on the ProJect for ~mpacts caused by development of the Project, nor shall the Clty lncrease the amount of any mitigation fees except as speCl f lcally allowed by Sectlon 5. ThlS Section 5 shall not preclude appl1cation of any fee or measure to Owner which complies with the Subsequent Code Changes provision in Section 10.1 below. 6. COMMENCEMENT OF CONSTRUCTION. (,.1 PursuIt. of ~onstructlon. ThlS Agreement shall auto~atlcally ter.clnate (a) If Owner has not obta1ned a bU1ldlng permlt for the ProJect from the City w1th1n two (2) years after the 44 RevIsed. 12/07/93-3LOAL07.845 n015:-: Effective Date of this Agreement, or (b) if, at any time more than two (2) years after the Effective Date of this Agreement, the building permi t for the proj ect lapses before owner obtains a certificate of occupancy for the Project. Beginning two (2) years after the Effective Date of this Agreement, Owner shall have an obligation to diligently pursue construction of this Project to completion; provided, however, that in accordance wi th Section 303(d) of the Uniform Building Code, owner shall have the riqht to timely seek from City's Chief Building Officer a lSO-day extension of the building permit for the Proj ect even if Owner has not commenced construction cf the Project within the first 180 days after ltS lssuance. 6.2 Extension For Excusable Delavs. On written appllcatlon from owner, the Zon1ng Adm1nistrator shall grant a six (6) month extension of the time for owner to obtain a building permlt for the ProJect, or to pursue the ProJect diligently during constructlon, J..f the Zonl.ng Adml.nl.strator f1nds that Owner has been prevented from satlsfYlng Owner's obllgat1ons under Section 6.1 because of any of the followlng: 6.2(a} War, lnsurrectlon, strikes, walk-outs, :-10-:'S, floods, earthquakes. flres. casualtles, acts of God, or s:~:~a~ g~ound5 fo~ excused pe~fo~ance5 Whlch are not Wlth1n the reascnanle co~~~ol of the pa~t: tc be excused. 45 Rev! sed 12/D7/93-3LOAL07.848 00154 - 6.2(b) Governmental restr~ctions or morator1a ~mposed by the Ci ty against property development or building construction, if applicable despite the vested rights conferred by this Agreement. 6.2 (c) Restrictions or moratoria imposed by judicial decisions or by litigation contesting the validity; or seeking the enforcement or clarification of, this Agreement whether instituted by the owner, the City or any other person or entity. 6.2 (d) The institution of a referendum pursuant to Government Code Section 65867.5 or a similar public action seeking to 1n any way lnval~date, alter, modify or amend the ordinance adopted by the City council approving and implementing this Agreement. 6.2(e) The City's failure to satiSfy Section 14 of th1S Agreement. 6. J ~ck of FinancInq. Under no circumstances shall the 1nabll1ty of the Owner to secure financing be an excusable delay to the oblIgatIons of the Owner, except as to the l80-day extensIon of ~he tIme to commence exerCISIng the ProJect building permit as aU~hQ~lZed b: Unlforr BUIldlng Code SectIon 303(d). ~. ~INOR CHANGES TO PROJECT AND PROJECT SITE PLAN. w1thout amendlng thlS Agreement, the Owner may make minor changes to the 46 R~I.ed. 12/D7/9l-3LOAl07.848 00155 Project or project Site Plan upon approval of the Zoning Administrator within the following limits; The maximum height of the Project cannot be increased by the Zoning Administrator; the list of permitted uses contained in Section 4.1 cannot be changed by the Zoning Adm~nistrator, although the Zoning Administrator can determine what are II accessory uses rI pursuant to Section 4-. 1 (f) of this Agreement; the zoning Administrator cannot decrease the minimum setback requirements for the Project: the Zoning Administrator cannot increase the maximum floor area or maximum FAR of the Project~ and the Zoning Administrator cannot increase the maximum floor area limitations for restaurants and office uses permitted 1n the Agreement. Minor modification as authorized by th~s Sectlon 7 shall be rev~ewed by the Zoning Administrator in accordance W1 th the Zoning Administrator's typical practice of rev~ew~ng m1nor mod1f~cation requests for projects, together with spec~f~c f~nd~ngs by the Zon~ng Administrator that the proposed changes are cons~stent with the provis~ons, purposes and goals of th1S Agreement, are not detr~mental to the publ~c health, safety, conven~ence or general welfare, and will not slgnificantly and adversely affect the arch~tectural ~ntegrity of the Project or the publ~c benef1ts associated w1th the Project. C. ASSIGN~ENT; BINDING EFFECT. ThlS Agreement shall not be severab~~ :~or O~ne~'s lnteres~ ~n the ProJec~ Slte and the l>ro; e:::'. An~ transfer c: any port.lon 0 f the ProJect S 1 te or proJec~ shal: automatlcally operate to transfer the benef~ts and burdens of th~s Agreement w~th respect to said port1ons. Owner may 47 R~Vlied. 12/D7193-3lDAl07.848 00156 --.. freely sell, transfer, exchange, hypothecate, encumber or otherwise dispose of its interest in the Project Site and Project, or any portion thereof, without the consent of the City. owner shall, however, give notice to City of any transfer hereunder, disclosing therein the identity of the transferee and such transferee's address, in accordance with Section 26 herein. 9. RELEASE UPON TRANSFER. Upon the sale, transfer, exchange or hypothecation of Owner's rights and interests to the Project site, or any portion thereof, Owner shall be released from its obligations under this Agreement with respect to the project site and Project, or any port~on thereof so transferred if: Owner has provided notice of such transfer to city, the transferee executes and del1vers to City a written agreeJllent in Wh1Ch the transferee expressly and uncond~tionally assumes all of the obligations of Owner under th1s Agreement with respect to the Project Site and ProJect, or port1on thereof so transferred, and City consents to such release, whlcn consent shall not be unreasonably withheld based upon the status of cornplet10n of the Project and the ability of the transferee to comply W1 th th1S Agreement. Failure to del1ver a wr~tten Assumpt10n Agreement hereunder shall not affect the transfer of the benef~ts and burdens as provlded in Section 8 above. 48 Revised 12f0119J-3UlAL07.845 00157 10. EFFECT OF AGREEMENT ON LAND USE REGULATIONS. 10.1 Appl,lcatlon of Governinq Recrulations. Except as provided in Section 3.9 or otherwise in this Agreement, development of the Project Site and the ProJect, including without limitation, density, permitted uses, intensity of use, design and improvement shall be governed by the Governing Regulations. Development of 'the Project site and the Project shall not be governed by any amendments, revisions, additions or deletions to the Governing Regulations or new laws or regulations of the City governing or affecting development adopted subsequent to the Effective Date of th~s Agreement unless anyone of the following occurs: 10.1 (a) The C1 ty and the Owner mutually agree in wr~t1ng. lO.l(b) The subsequent Code Changes are required by changes ~n state or federal laws or regulatl.ons as provided in Government Code Sect~on 65869.5. lO.l(c) The Subsequent Code Changes satisfy each of the follo~~ng cond~tlons; 10.:lc; (~J ~he Subsequent Code Changes do no: lr~d:" ~he rlah~s of th~ O~ne" to develop the ProJect Slte as conte~p~ated In ~hlS Agree~ent. 49 RevIsed 12/07193-3LDALD7.848 00158 lO.l(c) (ii) If Subsequent Code Changes dist1ngu~sh between "ex1sting" development and "new" or "proposed" development, the Project is considered as "ex~sting" development. lO.l(c) (iii) The Subsequent Code Changes are uniformly applicable to all businesses, uses, buildings and structures which are similar to the Dusinesses, uses, buildings and structures permitted in the Project throughout a reasonably defined geographical area of the City. The term. "Subsequent Code Changes" as used in this section 10. 1 ~s intended to include, among other things, any amendments, revis10ns or additions to the Governing Regulations 1mposing or requ1ring payment of a fee, special assessment or tax. 10. 2 Process~nQ and Perm1t Fees. Owner shall be subject to all C~tY-1mposed processing and permit fees and charges, lnclud~ng ut1l~ty connection fees, w~th respect to applications for development and construct~on within the Project Site which are in effect on the date on wh~ch each appllcation is filed. 10.3 Jnconsistent Code Provisions. As applied to thls Agreement and the ProJect, any provlslons of the Santa Monlca Mun~clpal Code or append~ces thereto lnconslstent with the provIsIons of thIS Agreemer.~, ~c the extent of such Inconslstencles and not further. are hereby modlfled to that extent necessary to effect the provls1ons of thlS Agreement. 50 RevIsed 12/D7/93-3UlAlD7.84Il 00159 11. ARCHITECTURAL REVIEW. 11.1 Purpose. Because this Project Site is a very sensitive location in close proximity to the Santa Monica pier Bridge, the Santa Monica pier sign and the Santa Monica Pier, the City's Planning Commission shall ensure that the Project is constructed with high qua~ity materials and that its overall design and attention to details are given careful attention. It is OWner's and City'S mutual goal to ensure that this Project shall be a "First Class" or r1Class A" multi-use retail/restaurant/office building which shall complement and enhance the Santa Monica pier area. 11.2 Authori tv. The Planning commission shall review all bU:l.lding colors and materials, des1gn elements, signage, trash enclosures and screening, and the landscaping plan for the project 1n accordance w:l.th design reV1ew procedures in effect under the Govern:l.ng Regulations. Dec:l.S10nS of the Planning commission under th:l.s Sect10n 11 shall not be appealable. The Planning Commission's reVlew of the ProJect under th:l.s Sect10n 11 shall be exercised in accordance with the standards, qu1del:l.nes, rules and practices of the ArchItectural ReVlew Board pursuant to Chapter 9.32 of the ZonIng Ord1nance. For purposes of th1S ProJect, the Plann1ng COm1i.1SSlOr. shall have the same powers and llm1tatlons as the hrch~ te~~ural Rev~elo.' Board would In revlewlng any development proJect pursuant to Chapter 9.32 of the Zon~ng Ord1nance. The Plannl.ng Comm1ss~on shall conduct 1ts hearing and render its 51 00160 levlaed- 12/07/93-3LDAl07.848 dec1S1on on the architectural rev~ew of th1S Project with1n sixty (60) days after subm1ttal of a completed appl~cat~on for architectural review from Owner. 11.3 Special Concerns. In its review of this Project, the Planning Commission shall pay particular attention to the following features of the Project as reflected on the Project site Plans: (a) the proposed landscaping along the exposed garage levels on the west side of the Project facinq the pacific Ocean, to reduce the perceived mass1ng of the Project; (b) the proposed landscaping on the south side of the Project in the unexcavated s~de yard descr1bed in section 3.5; (c) the fenestration and art1culat1on of the northern facade of Build~ng B as it relates to the Pier Bridge: Cd) the design of the northern facade of Bu~lding B to ensure that it 1S designed to receive the Pedestrian connection Bridge as discussed in Section 5.8; and (e) the cornpatlb~llty of the ProJect w~th the Lobster Building in terms of colors, mater1a!s and des1gn features. 11.4 Fin1sh1nq Mater1a~s. Attached hereto as Exhibit UG" and 1ncorporated herein by th1S reference is a I1st of finishing materials for the ProJect. Although Owner shall not be bound by thJ.s Agreement to use the preCIse materials spec1f1ed there1n, O~ne~ sr.c:: be obllgate~ ~c use r.a~e~lals of a corparable qual1ty as ma~ be approved by the PlannIng Cornr.asslon. The Intent of ExhIbIt G IS not to restrIct elther the PlannIng CommlSSlon or the Owner to the prec.lse mater.lals for the Project as specified in 52 Revl5ed' 12/07/93.3LDAL07.84B 00161 Exhibit G, but rather to reflect the overall quality of finishing materials to be used 1n the project. 11.5 Limitations. The Planning commission shall have no author1ty to disapprove or cond1tionally approve any features or matters which have been specifically approved by this Agreement or in the Project Site Plan unless expressly authorized to do so by this Agreement. 12. SPECIAL ASSESSMENTS. Notwithstanding anything to the contrary 1n th1s Agreement, the Owner shall be subject to special assessments of general appl1cation in the City or in the City's beach reg1on, 1ncluding but not lim1ted to, any special assessments for beach related 1mprovements, which are lawfully imposed upon the Owner. 13. CERTIFICATES OF OCCUPANCY. Upon completion of any portlon of the ProJect for wh~ch a separate building permit has been lssued ln compliance with such building permit, the Governing Regulat~ons, thls Agreement and other applicable agreements between C1ty and Owner, and subject to the restoration obligations descrlbed In Sectlon 3.8, the C~ty shall promptly issue a Temporary o~ Flna~ Cer~lflcate of Occupancy therefor to Owner. :.=. _ PP:)VP'T PE\'IE\-. At;['. ISSUANCE OF NECESSARY PERMITS AND APPROVALS. Cl ty shall promptly commence and d1.1~gently proceed to complete all appllcable C1ty procedures and processes then 53 Revl5ed. 12/07/93-3l0Al07.848 00162 uniformly ~n effect to grant or 1ssue any approvals, consents, or permits WhlCh are necessary or reasonably desired by the Owner for the development by the owner of the Project and the Project Site in accordance with the Project site Plan and this Agreement. 15. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT. 15.1 City Review. The city shall review this AqreeDlent at least once every twelve (12) month period from the Effective Date. 15.2 RequIred Findinqs. During each periodic review by the City, owner shall be requ~red to demonstrate good faith compliance with the terms of this Agreement. In connection therewith, on or before July 1st of each calendar year during the term of this Agreement, beginning with July 1, 1994, the OWner shall provlde a wr~tten report to the C~ty in which an officer of the Owner prov~des factual eV1dence of good faith compliance by the Owner w1th the terms of thIS Agreement during the prior calendar year, except for those areas of non-compl1ance which are specl.fically set forth in the written report together with the reasons advanced by the Owne~ for non-complIance. If, as a result of such perIodIc reV I eloo. , t.he Clt:y CouncIl f~nds and deternunes, on the basls 0: 5ubstan~lal eVldence, that. the Owner has not compl~ed Ir. sooe :a:t.h ~lth the t.e~s o~ condltlons of th~s Agreement, the C~ty councIl shall commence proceedlngs to enforce, mod~fy or termlnate th~s Agreement. 54 Revised: 12f07193.3lDAl07.848 00163 15.3 Publ1C Hearinq. If the City should determine on the basis of substantial evidence that the OWner has not complied in good faith with the terms and conditions of this Agreement, and further determines to proceed with modification or termination of this Agreement in accordance with Section 15.2, the City shall provide written notice to the Owner of its intention to modify or terminate this Agreement unless the OWner cures or corrects"the acts or omissions that constitute the basis of such determinations by the City. The notice shall be delivered by the City to the Owner in accordance with Sect10n 26 and shall contain all of the following: 15.3(a) The time and place of a public hearing to be held by the city Council, no less than ten (10) days after delivery of the notice to owner, on the determination of the City to proceed with mod1fication or terminat10n of this Agreement. 15.3(b) A statement as to whether the City proposes to modlfy or termInate thlS Agreement. 15.3(c) Any proposed modifications to this Agreement. If, fcllo~lng the con=luslo~ of the publlC hearlng, the Clt: Coun2:: dc~e~lnes tha~ ~hc Owner has not been 1n good fa~th conpllance ~lth thls Agree~ent and further determ1nes anyone of the followIng three ltems: (~) the acts or omissions constituting 55 levl.ed: 12/07/93-]LDAL01.848 OQ164 the basis of that determination are permanently incapable of being cured, or (ii) the Owner has not cured the acts or omissions that constitute the basis of this determination, or (iii) if those acts or omissions could not be reasonably remedied prior to the public hearing, that Owner has not in good faith commenced to cure or correct such acts or omisS1ons prior to the public hearing or is not diligently and continuously proceeding therewith to completiJon, then the City Council JDay take such action as it deems necessary to protect the interests of the City pursuant to this Agreement, including the right to terminate this Agreement. Nothing herein shall preclude Owner fram exercising its right to seek a judicial determ1nat1on, Judgment or award, on the grounds that the city is not proceeding lawfully or 1n accordance with this Agreement. 16. ENFORCEMENT. Except as provided in Government Code Sect10n 65869.5, th~s Aqreement is enforceable by any party to it notw1thstand~ng a subsequent change in any applicable general or spec~f1c plan, land use, zoning, subdivision or building regulat10ns adopted by the City Wh1Ch alters or amends the Govern1ng Regulat1ons. 17. VALIDITY OF AGREEMENT. In any litigation concerning this Agreement, ne1ther party hereto shall assert as a cla1m or defense tne ~nvalldlty of thIS Agreenent. 56 l....,5eC 12/07193.3L.DAI.07.848 0016S 18. DEFAULT. The City or the Owner shall be in default under this Agreement upon the happening of one or more of the following events or conditions ("Event of Default"): 18.1 Owner Defaults. Owner shall be in default under th1s Agreement (1I0wner Defaultstl) if Owner fails to satisfy any of its obligations under this Agreement, including, but not limited to, the following: l8.l(a) The Owner fails to pay the City any amount due under this Agreement as and when due, and such failure to pay cont~nues for a per~od of ten (10) days after written notice from Clty. 18.1 (b) The Owner fails to perform or comply in good fa1th w1th any of the other agreements, terms, covenants or condi- t~ons of th~5 Agreement on Owner's part to be performed or complied w1th, and any of the following ~s true: (i) the act or omission of nonperformance or noncompll.ance can no longer be performed or corrected, or (~i) such nonperformance or noncompliance continues W'~thout change for a period of th~rty (30) days after written not~ce from C1ty, or (iiil if such performance cannot reasonably be completed ~~th~n such th~rty (30) day perIod, Owner has not in good fa:~~ co~~enced such performance ~l~hIn such thIrty (30) day perIod 0:- has no~ dIlIgently and contlnuously proceeded therewIth to conpletlon; provlded, however, that In no event shall such cure 57 lev 'sed: lZl07193-3LOAlOT.B48 00166 - per~od be extended beyond one hundred twenty (120) days from the date of such notice. la.l(c) A finding and determination by the city Council is made upon the basis of substantial evidence following a periodic review under section 15 that owner has not complied in good faith with the terms or conditions of this Agreement and-has not cured or corrected the act(s) or omission(s) which were the basis for such determination. 18.2 City Defaults. The City shall be in default under th1S Agreement (t1C~ty DefaultsU) if the City fails to satisfy any of 1ts obl~gat~ons under th1s Agreement, including the following: 18.2(a) The C1ty fails to comply 1n good faith with the requ1rements of any of the agreements, terms, covenants or condItIons of th1s Agreement on the City's part to be performed or With Wh1Ch the c~ty must comply and any of the following is true: (I) the act or om1SS1on of nonperformance or noncompliance can no longer be performed or corrected by C~ty I or (li) such failure cont1nues without change for a period of thirty (30) days after W~l tten notice from the Owner. or (Ill) If such failure cannot reasonably be remedied by City Within such thirty (30) day period, c~~\ has no~ l~ good falt~ co~~enced to cure such fa~lure w1th~n S..-...... ....~. ~h~~~) (30) day perlOG O~ has no~ dlllgen~ly and cont1nuously proceeaec therewlth to complet~on (prOVided, however, that ~n no 58 ReVISed 12107/9J-3l0AL07.848 00167 event shall such cure period be extended beyond one hundred twenty [120] days from the date of such not1ce). 19. PROCEDURE UPON DEFAULT. 19.1 Termination bv City. Subject to Section 19.3 below, upon the occurrence of an Owner Default, the City may terminate this Agreement upon written notice to Owner. 19.2 Terrninatlon by Owner. Upon the occurrence of a City Default for failure by the City to comply in good faith with the requirements of this Agreement regarding the permitted use and development of the proJect Slte, ~ncluding w1thout limitat1on, the obl~gat~ons of the C~ty under th~s Agreement to review and issue perrnlts and approvals appl~ed for by Owner in connection with the development of the Project or use of the Project site, OWner may te~~nate th1s Agreement upon wr1tten notice to the city. 19.3 RemedIes Cumulatlve. Any r1ght or remedy of the partIes under thlS Agreement and any other right or remedy that e1ther party may have at law or equ1ty, including specific performance, upon the breach of any covenant, agreement, term, prO....1Slor. or condltlon In thlS Agreement by the default~ng party sha~~ b~ d~stln=t, separate and cu~ulatlve rlghts or remedles and nc on~ 0: the~. ~hethe~ eXe~Clsec by the non-default~ng party or no<:. I shal': be deemec to be In exclusl.on of any other. The non-defaultl.ng party may, ln Its d1scret1on, exerC1se any and all 59 ReVIsed 1ZI07/93-3LDALQ7.B48 00168 of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropr1ate. 19.4 Cessation of Riahts and Obliqations. If this Agreement is terminated on account of an Event of Default, except as otherwise provided 1n this Agreement, the rights, duties and obligations of the parties hereunder shall cease as of the date Of such termination. If the City is the terminating party, then any and all benefits, including money received by the City, shall be reta1ned by city. If this Agreement 1S duly terminated before a certificate of occupancy has been issued for the Project, then all bUIldings and uses in the Project must satisfy the City'S ordlnances, standards and pol1cies as they then exist. If this Aqreement is duly terminated after a certificate of occupancy has been 1ssued for the ProJect, then all uses in the Project must sat1sfy the City's ordinances, standards and policies as they then ex~st, 1nclud1ng any obl1gat~ons to obtain conditional use permits for operat1ons of the restaurants and off1ces in the Project. 20. ~OTICE OF TERMINATION. Upon term1nation of this Agreement as to the ProJect Site and the Project, or any portion thereof, the part1es hereto shall execute an appropriate notice of terr.lna~lon SUItable for recordIng In the OffIcIal records of Los Anqeles County. 60 Revised. 12/07t93~3LDAl07.84B 00169 21. MORTGAGEES. 21.1 Notl.ce to Mortqaqee. A Mortgagee may give notice to the City, specifying the name and address of such Mortgagee and attach~ng thereto a true and complete copy of the Mortgage held by such Mortgagee and specifically requesting City to notify them of any future notices of Owner Default. If such notice has been requested, the City shall thereafter send to such Mortgagee a copy of each notice of default by the Owner which relates to, affects, or potent1ally may adversely affect, the interest of the Owner in the Project site or portion thereof which serves as security for the Mortgage at the same t~me as and whenever any such notice of default shall be given by the city to the Owner, addressed to such Mortgagee at its address last furn1shed to the City, and the period w1thln WhlCh a Mortgagee may cure a particular default hereunder, as set out ~n Sect10n 21.2 below, shall not begin to run until the Cl ty has sent to the Mortgagee such copy of a notice of such default. Clty has no such obllgat1on to notify the Mortgagee of any Owner Defaults 1f that Mortgagee has not exercised its right under th~s Sect10n to rece1ve notlf1catlon of Owner Defaults. Any fa~lure by City to provJ.de not1ce of an Owner Default to a Mortgagee entl tled to such notlce under thls Sectlon shall not ex~end the t1me for Owner to cure under Sect~on 18 so long as Owner recelvec propc= nO~lce of tha~ Owner De~ault as spec~fled ~n th1S Agrec;'lcr:.. 61 Revl5ed. 12/07/93-3LDAL07.848 00170 21. 2 Cure of Default by Mortqaqee. Such Mortgagee, after the period for the Owner to cure has passed, shall thereupon have an addit10nal period of ten (10) days in the case of any default in the payment of money, and an additional thirty (30) days in the case of any other default, for remedying the default or causing the same to be remedied. If the Owner shall be in default hereunder, such Mortgagee shall have the right to remedy such default, or cause the same to be remedied within the period and otherwise as herein provided. The city shall accept performance by any such Mortgagee of any covenant, conditlon, or agreement on the Owner's part to be performed hereunder with the same force and effect as though performed by the Owner. City shall have no right to modify or term~nate th~s Agreement based on an Owner Default, so long as such Mortgagee shall, in good faith, have commenced promptly to rect1fy the same and shall thereafter prosecute the same to completion w1th dlligence and continuity; provided, however, that 1n no event shall such per10d to cure extend beyond one hundred f~fty (lSO) days after the date Mortgagee receives City'S not~f~cat~on of Owner's Default. 21. 3 E:xtens~on of T1me to CUre. The period of time qiven to the Mortgagee to cure any default by the Owner WhICh reasonably requlres that sa~d Mortgagee be 10 posseSSIon of the ProJect SIte ~o do so, shall be deemed extended to Include the perlod of tlrne reasonabl] requlred by sal~ ~ortgagee to obtaln such posseSSIon (by foreclosure, the appoIntrnen~ of a receIver or otherwlse) promptly and w1th due d11igence; prov1ded, however, that during such period 62 Revlaed" 12107193-3UDAL07.84B 0017: all other obligations of the Owner under thJ.s Agreement, including, without limitation, payment of all amounts due, are being duly and promptly performed. 21.4 Liability of Mortqagee. No Mortgagee shall become liable under the provisions of this Agreement unless and until such time as it takes possession or becomes the owner of the estate covered by its Mortgage, and then only for obligations arising or accruing during or with respect to-the time it is in possession or is the owner under such estate: but the preceding portion of thJ.s sentence shall not limit or restrict in any way the city's author1ty to term~natt this Agreement, as against any Mortgagee as well as agaJ.nst the OWner if any curable default hereunder (including, without limitation, any default in the payment of any amount due) is not completely cured within the time period allowed hereunder for such cure. 21.5 Mo;rtqagee. For purposes of this section 2.1, a Mortgagee shall J.nclude any holder of a Deed of Trust, Mortgage, or other secur~ty J.nterest J.n or on all or any port1on of the Project SJ.te J.ncluding w1thout lJ.mitat1on an J.ndividual, limited or general partnershlp, corporatlon, InstItutIona) lender or pensJ.on trust. 22. D.URATIot: OF AGREEMEt:-; _ ThIS Agreement shall expIre f.:f~Y-:Ive (55) years froT" ~he ExecutIon Date, or earller upon mutual w~ltten agreement of Owner and CIty. After exp~rat1on or full sat~sfact~on of thJ.s Agreement, the part1es shall execute an 63 Revised- '2/D7/93-3LDAl07.B45 00172 appropriate cert1f1cate of term1nation which shall be recorded 1n the officlal records of Los Angeles County. 23. ;rMPAIRMENT BY SUBSEOUENT LAWS. If any agency other than the city passes any law or regulation after the date of this Agreement or takes or refuses to take any action which prevents, precludes or impairs compliance with one or more of the provisions of this Agreement, then the parties shall meet and confer in C'Jood. faith to determine the feasibility of modifying or suspending one or more provis~ons of th1S Agreement to comply with such new law or regulation or to address the action or refusal to act based upon the effect such modificatlon or suspension would have on the purposes and ~ntent of th1S Agreement. In such event, the City shall specifically and in good faith process any necessary amendments to th1S Agreement 1n accordance with Government Code Section 65868. In addition, the OWner shall have the right to challenge the new law or regulat~on or the action or refusal to act WhlCh prevents comp11ance w~th the terms of this Agreement, and, in the event such challenge 15 successful, this Agreement shall remain unmod1f~ed and 1n full force and effect. During any pending challenges, the City may enforce its right under this Agreement unless there 1S an ~nter1rr court order to the contrary. 2~. ESTOPPEL CERTIFIC;~~. Elther party may, at any t1me, and f roF. tlme tc tlme, del:;. ver ....r 1 tten notlce to the other party requestlng such party to cert~fy 1n wr~t~ng that th1s Agreement ~s ~n full force and effect, that th1S Agreement has not been amended 64 Revtsed. 12f07/9J-3LDAl07.848 00173 or modified either orally or ~n writing, or if so amended, identifying the amendments whether or not, to the knowledge of such party, the requesting party is in default or claimed default in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such default or claimed default, and whether or not, to the knowledge of such party, any event has occurred or failed to occur which, with the passage of time or the giving of notice, or both, would constitute a default and, if so, specifying each such event. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days follow~ng the receipt thereof~ The City Manager shall have the r~ght to execute any certlficate requested by the Owner hereunder. The C1ty acknowledges that a certificate hereunder may be rel~ed upon by transferee, Mortgagees or other parties. 25. RECORDING OF AGREEMEN1. The parties hereto shall cause th~s Agreeroent to be recorded 1n the Off1c1al Records of the County of Los Angeles. The cost, If any, of recording this Agreement shall be borne by the Owner. 26. NOTICES. Any notlce, demand, request, consent, approval or CO~~Unlcatlon Wh1ch elthe~ party IS requ~red to or may g~ve to the othe~ hereunde~ shall be In wrl~lng and shall be dellvered or ad~resscc to the other at the address below set forth or to such othe:- ad:::::-ess as eIther par':} nay f rOIr tlme to t1.me dlrect by wrltte~ notlce g1ven l.n the manner here1n prescr1bed, and such not1ce or communicat1on shall be deemed to have been given or made 65 ReVIsed 12/01/93-3l0Al07.84e 00174 when communicated by personal de11very or by independent courier service or by facsimile or if by mail on the th1rd buslness day after the deposit thereof 1n the United states Mail in Los Angeles County, California, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, consents, approvals or communlcations from the Owner to the City shall be addressed to the City at: City of Santa Monica J.685 Main Street Santa Monica, Calitornia 90401 Attent10n: Director of Planning with coples to: city Attorney City of Santa Monica 1685 Ma1n Street Santa Monica, californla 90401 All notices, demands, requests, consents, approvals or commun1cations from the C1ty to the Owner shall be addressed to the Owner at: John B. K1lbane & ASSOc1ates Inc. 2716 Ocean Park Blvd., Suite 3082 Santa Mon1ca, Callforn1a 90405 Attent1on: John B. Kllbane W1th caples to: Lawrence & Hardlng, P.C. 1250 Slxth street, SUlte 300 Santa Monica, CA 90401 Attent1on: Christopher M. Harding, Esq. ~ne O~ne~ agrees to and shall hold the ")- ~ . HOLD HAR"1::"'ESS. c~ t) I .:. ts 0 f fleers, agent.s, e:"'cloyees and other representat~ Yes harr 1 ess :: roI'" llablll ~2 for oarnage or c1 alms for damage for personal ~nJury lnclud1ng death and cla~ms for property damage 66 RevISed: 12/01/93-3LDAL01.848 00175 which may arise from the d1rect or indirect operations of the Owner or those or ~ts contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project, including the maintenance and operatLon of public invited activit1es. owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages as described above caused or alleged to have been caused by reason of "the OWner's activities in connection with the project. This section 27 applies to all damages and claims for damages suffered or alleqed to have been suffered by reason of the operatlons referred to herein, regardless of whether or not the City prepared, supplied or approved plans or spec~ficat~ons or both for the project. 28. ~NTIRE AGREEME~T. Th1S Agreement sets forth all of the agreements, condltions and understandlngs between the City and the Owner relat1ve to the Project S1te and the Project and there are no prom~ses, agreements, conditions or understandings, oral or wr1tten, expressed or 1mp11ed, between them other than as set forth or as referred to here1n. 29. NO ORAL MODIFICATION. No statement, action or agreeJllent hereafter made shall be effeC~lve to change, amend, wa1ve, modify, dlscnaroe, terr.lnate or effec~ an abandonment of th1s Agreement ~n ~nQ:( Q~ l~ pa~t unles~ suc~ s~ate"en~, a=~lon or agreemen~ 15 1n ~~:~:~;. :~ adopted b~ rutua: ~~lt~e~ ag~eement of the partles, and ~5 processed 1n accordance w~th Government Code Sect~on 65B6B to the extent requlred. 67 RrvI&ed 12/D7/93'3LOAL07.848 00175 30. T~BLE OF CONTENTS AND SECTION HEADINGS. The table of contents and sect~on headings are inserted here~n only for convenience and are in no way to be construed as part of this Agreement, or an indication of the meaning of the provisions of this Agreement or the lntent~on of the parties, or as a limitation in the scope of the particular sections to which they refer. 31. NO PARTNE~HIP OR JOINT VENTURE. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the C~ty and the owner or to render either party liable in any manner for the debts or obligations o~ the other. 32. J\TTORNEYS I FEES. In the event any of the parties to this Agreement is required to bring any action at law or in equity to collect the payment of any consideration due hereunder or to enforce any of the terms or conditions of this Agreement, the preval11ng party shall be relmbursed by the non-prevailing party for such costs as may be lncurred in the bringing of such action, lncludlng reasonable attorneys' fees. 33. EXHIBITS. All exhibits attached hereto or referred to in thlS Agreement, or both, are lncorporated herein as though set :orth .lr. tull. 3~ CO!JSTRUCTlot;. The partles agree that each party and 1ts counse: have revlewed and revlsed thlS Agreement and that any rule of construction to the effect that amblgulties are to be resolved 68 ReVIsed 12/07/93-3LDAl07.84a 00177 against the drafting party shall not apply in the interpretat~on of this Agreement or any amendments or exhibits thereto. 35. GOVERNING LAW. This Agreement shall be governed exclusively by the provis~ons hereof and by the laws of the state of Cal1fornia. 36. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an oriqinal, and such counterparts shall constitute but one and the same instrument. 37. BINDING EFFECT. It ~s 1ntended and determined that the prov l.S1.ons of this Agreement shall constitute covenants which shall run with the land cOmpr1.S1ng the Project Site for the benefit thereof and that the burdens and benefits thereof shall bind and enure to the benefit of all successors-in-lnterest to the parties hereto. 38. AGREEMENT TO COOPERATE. In the event of any legal action 1nstltuted by a thl.rd party or other governmental entity or off1.c1.al challeng1ng the validity of any provision of this Agreement, the part1es hereby agree to cooperate in defending sald act-lor. _ J~ ~o THIRD PAPT~ BFNE~JCIAPY. Nothlng In thls Agreement shal':' create any r~ghts, as a t.hlrd party beneflclary or otherwlse, In any person or entlty not a party to this Agreement. 69 R@Ylled 12/07/93-3LDAL07.848 00178 40. COOPERATION IN PROVIDING ASSURANCES. Upon request by Owner, c~ty shall cooperate ln good falth to provlde reasonable assurances to prospect1ve f~nancing sources or purchasers regard~ng the effect of this Agreement. 41. CONTINGENCY. As noted in Recitals C and D, City is in the process of vacating 800 square feet of alley adjacent to "the Property. City has a good faith obligation to OWner to process the aforementioned vacatton. If, notwithstanding City's good faith efforts, this portion of the alley is not vacated within six (6) months after the Effective Date, then this Agreement shall automatically be terIunated and shall have no further force or effect. Th~s Agreement shall not prejudice the city's power to deny the alley vacat~on described in Recitals C and 0 if City cannot make the necessary f1ndings required by law to authorize such an alley vacation. '2. PURCHASE AND SALE OF TARGET PROPERTY. 42.1 Descr1Dt~on of Tarqet Property. So long as the cont1ngency spec~fied in Section 41 is satisfied, city shall agree to sell to Owner and Owner shall agree to purchase from City the T~langular Property together w~th C~ty's lnterest ~n the sau':h"wes-:erly half of the Alley Property. Th1.s property to be co.,veve:: lr accordance "'l:.r t:hlS Sec':.lon 42 ("Target Property") cons~sts 0: 747 square fee': and lS more partlcularly descrlbed In 70 RevIsed- 12/07/93-3LDAL07.84B 00179 Exhibi t "H" attached hereto and incorporated by this reference hereln. 42.2 Necessary City Findinqs. The City hereby declares that the Target Property is no longer needed for any public purpose and that it may be sold pursuant to Santa Monica Municipal Code Section 2.24.110. Concurrently with the adoption of this Agreement, the City council has duly resolved. that it would be of no avail and would cause unnecessary expense and delay to advertise the Target Property for publlC sale due to its small size and particular locat~on and ha~ further resolved that the sale of the Target Property to Owner w~thout a public bid is in the best lnterests of the Clty. 42.3 Purchase Price. Owner shall be required to pay, and Cl ty shall be required to accept, a purChase price ("Purchase Prlcett) for the Target Property equal to $ 42.4 Tltle Insurance. Concurrently with the sale of the Target Property to Owner, C1ty shall provlde Owner at city's cost and expense wlth a CLTA Owner's Standard Policy of Title Insurance 1ssued by Chlcago Tl tIe Cor-pany In the amount of the Purchase Prlce, show1ng tltIe ves~ed In Owner free of any l~ens, en=u~b~an=es, easements, res~rlctlons, covenants or condltlons. ~2.5 Easemen~ for Clty Maintenance Vehlclr. In addltlon to paYlng Clty the Purchase Prlce for the Target Property, Owner 71 Revised 12/07193-3LDALD7.846 fl0150 shall grant City an easement onto the Property for purposes of permi tting reasonable access by c~ ty I S employees or agents to temporarily park a maintenance veh1cle within the Project from time to time whlle working on the City-owned apartment building located at 1616 Ocean Avenue. This easement will immediately and automatically terminate upon demolition of the existing apartment building at that location. A written agreement granting this easement will be recorded against the Property after approval and execution by City and Owner. owner shall not unreasonably withhold approval of the form and content of the instrument granting this easement. 43. CITY VACATION OF UNUSED UTILITY EASEMENTS BE~TH PROPERTY. city agrees to execute all documents reasonably necessary to vacate the unused easements located under a portion of the Property for utility easements as recorded in Book 6779, Page 20 of Deeds and ~n Book 6786, Page 33 of Deeds in the Office of the County Recorder of Los Angeles County. The parties agree that these easements were or1glnally executed in approximately 1918 and are not now ~n use. 72 Revi.ed: 12/D7/9]'lUDAL01.848 !1('l!~1 IN WITNESS WHEREOF, the parties hereto have duly executed thlS Agreement as of the day and year first above wrltten. CITY: CITY Of SANTA MONICA By: John Jalili, City Manager ATTEST: CLARICE E. DYKHOUSE, City Clerk OWNER: JOHN B. KILBANE & ASSOCIATES, INC. a California corporation By: John B. Kllbane, President MYRON L. NATHAN LORRAINE NATHAN APPROVED AS TO FORM: JOSEPH LAWRENCE, Act~ng C1ty Attorney LAWRENCE & HARDING a Profess1onal Corporation b:- . C~~:s~ophe~ ~. Hardlng h~~O~~C)s for O~ne~ 1".J..DAl07.a..e 73 Revl~ed 12/07/9J-llPAlD7.848 00182 P&Z:DKW:pm\f:\plan\share\council\strpt\dareso City Council Meeting:December 14, 1993 Santa Monica,California RESOLUTION NUMBER {City Council Series} 8712 A RBSOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM WHEREAS, on August 13, 1992, the City of Santa Monica received a Development Agreement (92-Q01) application to permit a 11,800 square foot, mixed use commercial development with two levels of subterranean parking located at 1602 Ocean Avenue requiring office use and height amendments to the Local Coastal Program Land Use Plan; and WHEREAS, on September 29, 1993, the City of Santa Monica Planning Commission voted 4-3 with conditions to recommend approval of Development Agreement 92-001 and Local Coastal Program Land Use Plan amendments; and WHEREAS, on December 14, 1993, the City Council adopted and approved Development Agreement 92-001 to permit a mixed used commercial devel.opment l.ocated at 1.602 Ocean Avenue, and to authorize amendments to the Land Use Plan of the Local Coastal Program to facilitate the project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Public Resources Code Section 30512, the City Council adopts the amendments to the Local Coastal Program Land Use Plan, as set forth in Exhibit A, attached to this Resolution, and recommends submission and support of the amendments to the California Coastal Commission. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: APPLICANT1S PROPOSED AMENDMENTS EXHIBIT A TEXT AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM The Local Coastal Program Land Use Plan New Development Policies #59 and #60 are proposed to be amended as follows (Bold indicates new or amended text) : 59. Uses on the Santa Monica pier platform shall include amusements, visitor serving uses, fishing, public areas, facilities for administration of the Pier and adjacent water area, cultural or visitor information uses, public parking and bed and breakfast uses above the ground floor. New development on the platform of the Pier added after the effective date of Proposition S shall not exceed 140,000 square feet. Lighting associated with development on the pier shall be designed to minimize impacts to surrounding resldential uses. No residential uses shall be permitted on the platform of the Pier. On other parcels zoned Rve in this subarea all of the above uses shall be permitted, except that on properties fronting on Ocean Avenue, office use may be allowed through a devel~t agreement provided the office use is not located on the ground floor within SO feet of the front property line. Residential uses may be permitted on these other parcels provided such use is not located on the ground floor. 60. Building height shall not exceed 2 stories 30 feet and the floor area ratio shall not exceed 1.0, except ~t an properties with a m;n;.mnr1\ of a 10 foot grade differential, an additional 5 feet in height may be apprcved tbrough a developaent agreement. .Architectural features !fIS-Iy exceed the height limit provided that such features are "'''TTI'InT'J; ous with the architectural design of the buildings on the Santa Monica Pier and are approved through a developnent agreement. Amusement rides shall not exceed a height of 115 feet above the P~er deck. of P&Z:DKW:pm\f:\plan\share\council\strpt\daresof City Councll Meetlng-January 24, 1994 Santa Monica,Callfornla RESOLUTION NUMBER 8712 (City Councll Serles) A RESOLu~ION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM WHEREAS, on August 13, 1992, the City of Santa Monlca received a Development Agreement (92-001) applicatlon to permlt a 11,800 square foot, mlxed use commerclal development wlth two levels of subterranean parking located at 1602 Ocean Avenue requlring offlce use and height amendments to the Local Coastal Program Land Use Plani and WHEREAS, on September 29, ~993, the City of Santa Monica Plannlng CommlSSlon voted 4-3 wlth conditions to recommend approval of Development Agreement 92-001 and Local Coastal Program Land Use Plan amendments, and WHEREAS, on January 24/ 1994, ~he City Councll adopted and approved Development Agreement 92 - 0 01 to permit a '111xed used commerclal development located at 1602 Ocean Avenue, and to authorlze amendments to the Land Use Plan of the Local Coastal Program to facllltate the prO]ecti NON, THEREFORE, T~E CITY CCUNC=L OF THE CITY OF Sfu~TA MONICA DOES ?ESOLVE AS FOLLOWS. SEC':'ION 1. Pursuant to Public Resources Code Bectlon 30512, ~he Clty Councll adopts the a~endments to the Local Coastal Program Land Use Plan, as set forth In Exhlblt A, attached to thlS Resolu~lon, and reconmends submlsslon and support of the amendments to ~he Callfornla Coastal CO~~lSSlon. SEC~ION 2. The Clty Clerk shall certlfy to the adoptlon of this Resolutlon, and thenceforth and thereafter the same shall be In full force and effect APP?OVED AS TO FOR~ ~ic {; ~YJ-~~~'- ':ES"E;'J LAw~E ,~tl~g C~~y A~torney EXHIBIT A TEXT AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM The Local Coastal Program Land Use plan New Development Policles #59 and #60 are proposed to be amended as follows (Bold indicates new or amended text) : 59 Uses on the Santa Monlca P~er platform shall ~nclude amusementsr v~sltor serving uses, flshlngr public areasr facllltles for admlnlstratlon of the Pler and adJacent water area, cultural or vlsicor 1nformation uses, publlc parklng and bed and breakfast uses above the ground floor. New development on the platform of the Pier added after the effectlve date of Proposltlon S shall not exceed 140,000 square feet. ~ightlng assoclated with development on the Pier shall be deslgned to ~inimlze impacts to surrounding resldential uses No resldentlal uses shall be permltted on the platform of the P~er. On other parcels zoned RVC in this subarea all of the above uses shall be permltted, except that on properties fronting OIl Ocean Avenue, office use may be allowed through a devel~t agreement provided the office use is not located on the ground floor within 50 feet of the front property line. ReSldentlal uses may be permltted on these other parcels provided such use lS not located on the ground floor. 60. BUlldlng helght shall not exceed 2 stories 30 feet and the floor area ratlo shall not exceed 1.0. Architectural features may exceed the height l:Uni.t provided that such features are hannonious with the architectural design of the builrHTlQ'S on the Santa Monica Pier and are approved. through a develv~t agreement. Amusemenc rldes shall not exceed a helght of 115 feet above the Pler deck. EXHIBIT "A" "Lots 1, A & B of the Moss Tract, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 36 Pages 64 and 65 of Maps, in the Office of the County Recorder of said County i EXCEPr THEREFROM that portion of said Lot B granted to the State of California in the deed recorded as Document No. 740 on December 2~, 1940 in Book 18040 Page 249 of Off.l.cial Records.u ~ 00183 LEGAL DESCRIPTION THAT PORTION OF A 20 FOOT WIDE ALLEY OF THE MOSS TRACT, IN THE CITY OF SANTA MONICA f IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGES 64 AND 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT B OF SAID HOSS TRACT; THENCE NORTH 45 DEGREES 40 MINUTES 20 SECONDS EAST ALONG THE NORTHWESTERLY ~NE OF SAID LOT 35.01 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 31 FEET AND TANGENT TO SAID NORTHWESTERLY LINE, THROUGH A CENTRAL ANGL~ OF 100 DEGREES 37 MINUTES 43 SECONDS AN ARC DISTANCE OF 54.45 FEET TO A POINT OF COMPOUND CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 35 DEGREES 02 MINUTES 37 SECONDS W~ST; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 337 FEET, THROUGH A CENTRAL ANGLE OF 6 DEGREES 42 MINUTES 41 SECONDS AN ARC DISTANCE OF 39.47 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT B, DISTANT THEREON NORTH 45 DEGREES 40 MINUTES 20 SECONDS EAST 66.83 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOTi THENCE NORTH 45 DEGREES 40 MINUTES 20 SECONDS EAST ALONG THE SOUTHEASTERLY LINE OF LOT B, 15.88 FEET TO THE MOST WESTERLY CORNER OF SAID 20 FOOT WIDE ALLEY BEING THE TRUE POINT OF BEGINNINGi THENCE NORTH 45 DEGREES 40 MINUTES 20 SECONDS EAST AND COUTINUING ALONG THE SOUTH~STERLY LINE OF LOT B, 20.00- FEET TO THE MOST NORTHERLY CORNER OF THE 20 FOOT WIDE ALLEY; THENCE SOUTH 4.1;, DEGREES 16 MINUTES 40 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF LOT 1 OF SAID MOSS TRACT, 40.00 FEET TO THE HOST SOUTHERLY CORNER OF SAID LOT 1; THENCE SOUTH 45 DEGREES 40 MHlUTES 20 SECmmS WEST ALONG THE SOUTHhESTERLY PROLm~GATIO:, OF TdE SOUTHEASTERLY LINE OF LOT 1, 20.00 FEET TO THE NORTHEASTERLY LIt~E OF LOT 18 OF SAID t-~J.:i:; TrU..(:T; TlIU;::L I~OHTI; 4~ DEGREES H l':Il;UTI:~ ~ l sEcorms \';EST ALOHG THE r::H:THU,STERi...,i' ~IH[ Of LOT.;:, ] l ;'.I;r l ~ 01 S;"ID I~OSS TRACT, ~ (,. oc n::E1 TO THE TRUE POIt~'r Of DEGII.HIHG OOt84 CONTAINS: 800 SQUARE FEET. EXHIBIT "B" Or6er NO. 9235630 DESCRIPTION 1 TriOSE PORTIONS OF UJTS 1S AND l.!1 OF "1'HE MOSS TRACT, IN"I'HE CITY OF SANTA HONXCA, COONTY OF LOS ANGELES, STATE OF CALIFORNJ:A. .AS PER MAP RECORDED IN BOOK 36 PJ\GE:S 6" JI.ND 65 OF MAPS, IN WE OFFICE OF "I."HE COONTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS' COMMENCING AT THE MOST WE:::iJ.l:.RLY CORNER OF UJT Ole- OF SAID MOSS TRACT; THENCE ALONG mE NORTHWESTERLY LINE OF SAID LOT "B-. NOR'Ili 4S DEGREES 40 MI~(rli:;S 20 SECONDS EAST 35.01 FEE:T TO THE BEGINNING OF A T.ANGENT \,.:UKIIE CONCAVE EASTERLY JUm HAVING A RADIDS OF 31.00 FEET; 7HENCE SOOIliERLY ALONG SAU> ~~KVE THROOGH A CENTRAL ANGLE OF 1.00 DEGREES 37 tII.MT:I.-i:3 43 SEa>>mS. AN .ARC DXSTANCE OF St .45 FEET TO ntE: BEGDDtXNG OF A c::.oHPOOND amvE COBOlW ~A.1l;KLY JUG) HA~ A RADIOS OF 337.00 "k1:;-1-; 'THENCE S~~i:.KLY ALONG SAID ~ !mNTXONED \;UKl/E ~ CEN'l'lUU. JI.NGI.E OF & DEGPIl~S 42 HImT.n:;S 41. SECONDS, AN ARC DISTANCE OF 39 A7 FEET 'TO A POINT IN "IRE SQu-u:iEASTERLY LINE OF I.OT' -B- OF SAn) MOSS TRACI'. DISTANT ~ON WEST 45 DEGREES 40 MINUTES 20 SECONDS EAST 66.83 FEET FROM THE MOST SotTrHERLY CORNER OF SAID LOT -B.. SAUl POINT AT~.o BEING nm '7RDE POINT OF BEGINNING; "IHENCE CONTINUING SOO"nfE:A.S'ct::RLY ALONG SAID LAST HENTIONED C.uRVE THROUGH A CENTRAL ANGLE OF 7 DEGREES 1. 7 MI~UL-t::S 19 SECONDS. AN ARC DIS'I:ANCE' OF 42.87 FEET TO THE SDUnrWE:::il.-LN.!.Y PROLONGATION OF THE S~y LINE OF u:rr 1 OF SAID MOSS TRAC'r, 11. RADIAl. ~INE nIAT BEARS SOOTH :21 DEGREES 02 Hnl:U-1.-1:S 37 SECONDS WES"r m SAID POINT; ntENCE ALONG SAW PRO:LONG.1\XXON NOR:I'H 4S DEGREES 40 M"niu-J..-.I:;S 20 SECONDS EAST 0.50 FEET TO NO~-.i.t.JU,Y LDm OF S1UD un: 1.8; "l'HENCE ALONG nm NORnmAS'l"ERLY LINES OF SAD) LC11:S J.8 AND 19. NOR7H U DEG~1=']:,~ 1.G Hnw.l-.t;S 40 SECONDS WEST 40.00 FEET "1'0 "!HE MOST NORTHE:RLY CORNER OF SJUD LOT 19; "!'HENCE ALONG THE NO~-:LbRLY Lnl'E OF SAID LOT 19. SOOll{ 4S DEGREES 45 HTh-ml;;.$ 20 SECONDS WEST J.5 _88 t:'-~I:.-r TO 'I"HE TRUE POINT OF BEGINNING. (:XH I B 11 ..C' [l 185 , , C'UO .tl~J'riI^"'" EXHIBIT liE" LZGAL DESCRIPTION FOR STREET DEDICATION An easement for street purposes over a portion of the northerly corner of Lot A of Moss Tract in the city of Santa Monica, County of Los Angeles, State of California, as per maps recorded in Book 36, Pages 64 and 65, of Maps, in the County Recorder of said County; described as follows: A triangular parcel approximately sixteen (J.6) square feet in area bounded by straight tangent lines as follows: Beginning at a point in the northeasterly line of said Lot A located 4.00 feet southeasterly of the most northerly corner of said Lot A, continuing northwesterly along said northeasterly line to the most northerly corner of said Lot A; thence southwesterly along the northwesterly line of said Lot A for a distance of 8.00 feet: thence northeasterly in a straight line to the point of beginning. nn187 CITY OF SANTA MONICA GENERAL SERVICES OFF..SITE IMPROVEMENT REQUIREMENTS FOR 1602 OCEAN AVENUE APPROX. ITEM QUANTITY UNIT ITEM DESCRIPTION 1 1200 S.F. Remove and replace 100% of sidewalk With 4- thick P.C.C. on Ocean Avenue along entire front of Project Site. 2 1 EA. Furnish and instaJ112' high palm tree in public planter in front of Project Site on Ocean Avenue. 3 2400 S.P. Gnnd and pave to 20' from existing P.C.C. pavement (double yellow line) on Ocean Avenue '.1/2- thick and replace traffic signal detector loops. 4 1 EA Remove and replace curb ramp and sIdewalk at Ocean and Coloradot and construct such other intersection improvements on the southwest comer as reasonably directed by the City Engineer and City Parking & Traffic Engineer to enhance vehicle movements travelling eastbound from the Highway Access Road and to enhance pedestrian movements across the intersection. /:. 120 LF Remove and replace P.C.C. curtL and '-' gutter on Ocean Avenue alongside Project Site 6 I 70 LF Remove and replace 4' wide sidewalk and curb With 4" thIck P.C.C. side'Nalk and type "A- curb on Hwy 167 alongside . Pro'e~ SIte I - .... I EA \ Des;]n a~d Install wall mounted walkway I I .::. I , ! ; II;;:-',:S 0:- Co'orado Avenue walkvJay , \ a::::;:-:~s;:Je ~rOJect Site ~ - SL. , I~::'ove eXisting street lIghts on medla.'l o~ ! H...:'i 187 aOlacent to PrOject SIte by ! tns~aIllng double mast arm street lights i I l., ExhibIt "F" n01~p APPROX. ITEM QUANTITY UNIT ITEM DESCRIPTION 9 450 LF. Landscape the Hwy. 187 mechan and install automatic irrigation system for same adjacent to Project Site. 10 1 LS. Pay $10.000 contribution to widen Santa Monica Pier Bndge Sidewalk by 2 feet. 11 1 EA. Relocate bus stop on the western side of the 1600 block of Ocean Avenue further to the south to a location approved by the Clty's Parking and Traffic Engineer. which approval shall not be unreasonably withheld, in order to accommodate the driveway entrance to the Project from Ocean Avenue. 12 1 EA. Shift the location of the eXIsting traffic signal and street light on the southwest comer of the intersection of Colorado and Ocean Avenues to a point which accommodates the improvements to the public right-of-way at this intersection. City's Director of General Services and Parkmg and T rattic EngIneer shall direct Owner where to instaJl the traffic signal equipment and street light at this location .: Jw:3UlAl20.84B Exhibit .p nf\1S('" PROPOSED FINISHES F'OR lHE NEU LOB5l~ DEVELOPMENT It is the intent of the aychitectunl desivn and the des1re of the ArchitectlOeveloper to construct a project of the highest quality, to be commensurate with its very special location, to become a signature building. and a lanaaa.rk in its own right. The roof materiale to be utfli~ed consists of a Ted clay tile in combination with patinated copper on the main domed roof and vaulted doraers. The exterioT wall surfaces 111111 consist of a ..ooth plaster to,. be painted ..bIte for eotaPatlta5'l It)' ,11th the Lobster, and 1II'1U include ceruic Wed ornamental applications. The handrails, a.djoining the first and second level te.rraces, will consist of round painted alu=inu~ to withstand the ocean.s ~esr. They Ir,f.Ul be painted 1n accent calor for adcied appeal. The exterior windows will consist of arch-topped windows on the second level and divided li9ht windows on the first floor~ These windows will be alv~~nu~, painted in an accent color cOmPatible with the handrails. Canvas awnings will be installed above first floor windows to provide sun protection and an addition splash of visual. stimtelation in an a.ttractive a.ccent color ~ This feature will also creilte a relationship. between the existing L.obster building and the new building. The exterior terrace Daterials will consist of a h1.gh quJlJlty paver style, either in stone. tUe. or decoratIve concrete. Xt is intended thAt th~~ walking surfaces will greatly enhance the central courtyard and terraces along with the proposed landscaping, which will be contained in planters witb built-in &cating features. The landscaping will consist of mature trees and "'evetation. and along with the spa.ces in the courtyard anlS terra.c:es.. and the drull.t1c views,. will provide an exciting outdoor environment to be enjoyed by the entire COD=Un1t~. All exterior lighting and signlge will be consistent in style And color. and be compatible ~ith the architectural theme. The lobsteT will be coDPletelY renovated. It will bave a new roof new exterior ctucco. new window~ ar.c awnings. and freshly painted aLo~ster. graphic& without var~atior frOG the original. ^ll above grade parkln~ apeJ: ~11: b~ c~reened with louvers to prcv~nt ~isuel a~c~~~. jne lr.te~~or f~r.ishe$ ~rll be c:-~letet bv future tenants. but they ~~l: be rcq~~red to be co~pa~ible wit~ th~ exterier design. EXEIB!~ "G" '. r 0 1 ~; :"'1 .... .... - .... ~ ~. LEGAL DESCRIPTION THAT PORTION OF LOTS 18, 19 AND THE SOUTHWESTERLY ONE HALF OF A 20 FOOT WIDE ~_T.T,RY OF THE MOSS TRACT, IN THE CITY OF SANTA MONICA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGES 64 AND 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT B OF SArD MOSS TRACT ; THENCE NORTH 45 DEGREES 40 MINUTES 20 SECONDS EAST ALONG :l,'W:: NORj:.thfESTRT.>>,y LINE OF SAID LOT 35.01 FEE!'; TtrnNCE SOU:l"~Y ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 31 FEET AND TANGENT TO SAID NORTHWESTERLY LINE TImOUGH A CENTRAL ANGLE OF ~OO DEGREES 37 MINUTES 43 SECONDS AN ARC DISTANCE 1F 54.45 FEET TO A POINT OF COMPOUND CURVE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 337 FEET, THROUGH A CENTRAL ANGLE OF 6 DEGREES 42 MINUTES 41 SECONDS AN ARC DISTANCE OF 39.47 FEET TO A POINT IN THE S()lJ'J'~K~TERLY LINE OF SAID LOT B, DISTANT THEREON NORTH 45 DEGP~F.S 40 MINUTES 20 SECONDS EAST 66.83 FEET FROM THE HOST SOu~tu:atLY CORNER OF SAID LOT, BEING THE TRUE POINT OF BEGINNING; - THENCE CONTINUING ALONG SAID CURVE TlmOUGH A C~'~'!<AL ANGLE OF 7 DEGREES ~7 MINUTES 19 SECONDS, AN ARC LENGTH OF 42.87 FEET TO THE SOu'l.'liWESTERLY PROLONGATION OF THE SOU:1:'liEASTERLY LINE OF SAIn LOT 1, A RADIAL LINE TO SAID POINT BEARS SOUTH 21 DEGREES 02 MINUTES 37 SECONDS WEST; - THENCE NORTH 45 DEGREES 40 MINUTES 20 SECONDS EAST ALONG ShID PROLONGATION ~O,50 FEET TO THE CENTERLINE OF SAID 20 FOOT \;IDE ;..r.LEYi THENCE NORTH 44 DEGFF.R~ 16 MINUTES 40 SECONDS WEST ALONG THE CENTERLINE OF SAID ]l.T.T,'eY, 40.00 FEET TO THE SO(,.:J.'1fEASTERLY LINE OF LOT B; THD~Cr:: SOUTH ~5 DEGREES 4(' Y.Ita..l'TES 20 SECONDS WEST ALONG THE SOUTln:I\STI:LY LINE OF SAID LOT B, 2:' 8E FEET TO THE TRUE :':J11;-;' or- DLGlmaNG. C.J: ;'~'/,: r;~, : 7 ~ -; SQUARE FEET. EXHIBIT liE" .. .... 0019: ATTACHMENT K [lOl~2