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
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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
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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
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UPDATE 9 -15 - 93
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~:'"7"S ':',8, ,18,'9 MC'SS TRA:'
-~=::s~ 1602 OCEAN AVE. 48 COLORADO AVE.
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HEARING
DATE
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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
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16C2
Ocea~ Avenue,
and
to
all:.::orlze amendments to the Land use Plan of the Local Coastal
Program to faCllltate the proJect;
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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-
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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'
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LAWRENCE & HARDI~G
... PItO"-E5510NA.. CORPOAA....OP-o
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,25-:::: S.)r;T_ STREE....
CfolRISTOPI-<l[:.~.... t-I"'~CI""C.
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CITY ~eptemb:E. "3?' 1993
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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
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.. 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
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43
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50
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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
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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
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\.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
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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
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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
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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
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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