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SR-101194-6I 'I OCT 1 1 199It PCD:PPA:SF:PC:DM f:\ppd\share\ccreport\randstoa Council Meeting: October 11, 1994 Santa Monica, California TO: Mayor and City Councll FROM: City staff SUBJECT: Certification of statement of Official Action for Appeal of Planning Commission Approval of Vesting Tentative Tract Map 51893, to allow a six parcel sUbdivision at 1700 Main street. Applicant: Rand Corporation Appellant: Mike Feinstein INTRODUCTION This report transmits for City Council certification, the statement of Official Action for the appeal of Planning Commission approval of Vesting Tentative Tract Map 51893 to allow a six parcel subdivislon at 1700 Main street. On September 13, 1994 the Clty council upheld the Planning Commission approval of the Vesting Tentative Tract Map with the findings and conditions contained in the attached statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation contained In this report does not have any budget or financial lrnpact. 1 OCl1 , . ".j. RECOMMENDATION It is respectfully recommended that the city Council approve the attached Statement of Official Action. Prepared by: Suzanne Frick, Director of peD Paul Casey, Acting Senior Planner David MartinI Associate Planner Attachment city Council statement of Official Action 2 CITY OF SANTA MONICA CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT NUMBER' Vestmg TentatIve Tract Map 51893 LOCATION. 1700 Mam Street APPLICANT: The Rand CorporatIOn APPELLANT: Mike Femstein/CltIzenS for a Better CIvic Center CASE PLANNER DaVId Martin, ASSOCIate Planner CEQA STATUS: The subdlVlSlon of the subject parcel was assessed in the CIVIC Center SpeCIfic Plan EIR, which was certIfied by the CIty CouncIl on November 23, 1993. REQUEST Appeal of Planmng CommISSIon approval of a Vesting TentatIve Tract Map to allow a five lot subdIVISIon. CITY COUNCIL ACTION 09/13/94 Date. XX Approved based on findmgs and subject to condItions below. 1 Demed Other. EXPIRATION DATE OF ANY PER'\flT GRANTED: 09/13/97 LENGm OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE: 3 Years Any request for an extensIOn of the expIratlOn date must be receIVed in the Planning and Zoning DivIsion prior to expIratIOn of thIS permIt. FINDINGS 1. The proposed subdIvIslOn, together with Its provIsions for desIgn and Improvements, IS conSIstent WIth applIcable general or specIfic plans adopted by the CIty of Santa Momca, m that as condItIoned, the map is consistent WIth the proVIsIOns of the CIVIC Center SpecIfic Plan and Section 9.20.06 of the Zomng Ordmance. 2. The Fmal EIR for the Specific Plan was completed 10 compliance with the CahfomIa Environmental QUalIty Act ("CEQA") and certIfied by the City CounCIl on November 23, 1993. The Fmal EIR was a Programmatic EIR for the SpeCIfic Plan (prepared 10 accordance WIth CEQA Gmdehnes SectIOn 15168) The mItIgatIon measures recommended by the Fmal EIR, reqUired CEQA findIngs, and a statement of ovemding consIderatIons Wlth respect to unavOidable adverse Impacts of the Specific Plan were adopted by the CIty CounCIl as pan of Its adoptlon of the Specific Plan. A nonce of DetermInatIOn was posted with the County Clerk In accordance with CEQA Sectlon 21152 on December 3, 1993 (FIle #93029194). No acnon challengmg the CIty'S certIficatIOn of the Final EIR or the CIty'S CEQA comphance 10 connectIon WIth the SpecIfic Plan was filed witJun the apphcable statute of hmltatIOns proVIded by CEQA Section 21167 Approval of the Tentative Map wIll have no SIgnificant effects on the enVIronment that were not identlfied 10 the Fmal EIR, and therefore no new or addmonal ffiItlgatlOn measures (other than those Identified by the F10al EIR and already reqmred by the CIty CounCIl as condltlons of approval of the SpeCIfic Plan), findmgs or overndlOg conSIderatIOns are reqUIred at thIS 2 - ----- - -- - -- - - - ~ - -- - ---- - - tIme. In accordance wIth the SpecIfic Plan, the TentatIve Map desIgnates the on and off-site Improvements, dedIcatIOns, easements reqmred by the Specific plan, as well as establIshIng utIlIty reqmrements, condItIons of general envIronmental complIance (m addItlon to the mItIgatIOn measures required by the FInal EIR), and condItIons to ensure plan implementatIon. These deSignations and reqmrements merely reflect the reqmrements of the SpecIfic Plan and do not constltute new informatIon. The apphcant IS not proposing any specific development project In connectIOn WIth the Tentatlve Map. Accordmgly, no addItional mfonnahon regardIng speCIfic development proposals IS avallable for further environmental analysis at thIS tIme However, in accordance WIth the SpecIfic Plan, plans for a speCIfic development project v.111 be subject to reVIew and approval (mcludmg appropnate environmental review under CEQA) in connectIOn WIth the Development ReVIew Process, Conformance ReVIew Process, andlor the Development Agreement Process descnbed m the SpeCIfic Plan. For all of these reasons, and m accordance with Section 15168(c) (2), the TentatIve Map IS wIthm the scope of the project covered by the Fmal ErR, and no new enVIronmental documentation IS reqUIred 10 connectIOn therewith COI\'DITIQNS Map SubmISSlOn Requirements l. Pnor to recordatIOn of FInal Map, the subdiVIder shall supply the CIty Engmeer WIth a copy of the computer files for all drawmg submIttal m the Autocad "DWG"or "DXF" file format. 2. The Fmal Map shall note all offers of dedIcatIOn by certIficate on the face of the map. 3. The boundanes of the Fmal Map shall be deSIgned to the satIsfaChon of the CIty Engmeer and the Planmng and Commumty Development Director. 4. The Fmal Map shall extend lot/parcel hnes to the center of private and future streets. 5. Signatures of record tItle mterests shall appear on the Fmal Map. 6. Pnor to submIttal of Fmal Map, the subdlvlder shall securet at the 3 subdIVIder's expense, sufficIent tItle or mterest m land to permit any off-sIte Improvements to be made 7. Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and obtam approval of the CIty Engmeer of a gradmg plan based on a geotechnical report prepared by a SOlIs engmeer and showmg theIr recommendatIons. The grading plan must conform with all other conditIOns of the Tentative Map. 8. Pnor to submIttal of Fmal Map, the subdIVIder shall submit and obtain approval of dramage plans and necessary support documents, to the satIsfactIOn of the Cuy Engmeer 9 The Fmal Map shall delmeate the Clty's/County Flood Control's nght-of- way for the Plco-Kenter Dram. A permIt WIll be requlfed for any constructIon affectmg the nght-of-way or faCIlItIes. 10. Pnor to recordatIOn of Fmal Map, the subdIvIder shall submIt computenzed data of the Fmal Map followmg Los Angeles County Guidelines. 11. The FlOal Map shall dellOeate all survey monumentation. 12. The Pmal Map shall delmeate ail survey references for eXIStIng land nghts and mclude survey calculatIOns, to the satlsfactIOn of the CIty Engmeer. 13 MultIple final maps relatIng to the approved TentatIve Map may be filed pnor to the expIratIon of the TentatIve Map. Pnor to recordation of the first final map, the subdIVIder shall reach an agreement w1th the C1ty allocatmg the ImplementatIOn of the dedlcatlons and Improvements reqUIred by these condltlons to the recordatIOn of one or more final maps, and shall obtam Planmng Comm1ssIon approval of the sequence for [mal map approvals. 14. No development shall occur on any parcel untIl a final map for that parcel IS approved and recorded If a final map has not been approved and recorded poor to an applIcatIon for development approval, approval and recordmg of the final map for the parcel upon WhICh the development IS proposed shall be a condmon of development approval. UtIhtv Reauirements 15. Pnor to submIttal of FlOal Map, the subdIVIder shall execute an agreement WIth the CIty to relocate ullhtles to the publIc nght-of-way to the satIsfactIOn of CIty Engmeer. For any utlhbes that are not relocated to 4 - ----- - publIc nght-of-way. the applIcant shall offer easements to the satisfaction of the CIty Engmeer. 16. Pnor to submIttal of Fmal Map, the subdIvIder shall execute an agreement wIth the CIty to dedIcate branch sewer mams to serve each lot/parcel withm the subdIVISIOn to the satlsfactIon of the UtilIty Manager and CIty Engmeer. 17. Pnor to submIttal of Fmal Map, the subdIVIder shall execute an agreement wIth the CIty to locate all eXlstmg overhead and proposed utility and Cable T. V. dlstnbution lmes underground, mcludmg those currently located along FIrst Court, to the satIsfactIOn of the CIty Engineer. 18. Pnor to submIttal of FInal Map, the subdIVIder shall submIt and obtam approval of a plan to proVIde fibre-optIc cablmg, to the satIsfactIon of the CIty Engmeer. 19. Pnor to submIttal of Fmal Map, the subdiVIder shall submit and obtain approval of a plan IndIcatIng adequate street WIdths and turmng radii for emergency fire vehIcles, to the satisfactIOn of the Fire ChIef. 20. Pnor to the submIttal of Fmal Map, the subdIvider shall submit and obtain approval of a plan mdIcatmg that any new water, sewer or storm dram faCIlItles shall be located under public nghts-of-way, to the satisfactIon of the CIty Engmeer On-SIte and Off-SIte Imorovements 21. Pnor to submIttal of FInal Map, the subdIVIder shall submIt and obtain approval of a plan mdICatmg the deSIgn of mtersectIOns with a tangent sectIon from "begmmng of curb return" (BCR) to BCR to the satIsfactIon of the CIty Engmeer and ParkIng and Traffic Engineer. 22. Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and obtain approval of a plan to place above-ground UtIlItIes and street trees outSIde SIdewalk areas, and proVIde a mInImUm of eIght feet clear path of travel along SIdewalks on all streets the subdIVIder IS responSIble for, as reqUIred by the CIVIC Center SpeCIfic Plan, to the satIsfactIon of the CIty Engmeer. 23. Pnor to submittal of FInal Map, the subdIVIder shall submIt and obtain approval of a plan for street tree location, speCIes, and method of InstallatIOn and IrngatIOn to the sausfactIOn of the DIrector of Commumty and Cultural ServIces. 24. PrIor to submIttal of Fmal Map, the subdIVIder shall submIt and obtain 5 approval of a plan mdIcatmg wIdth, hOrIzontal and vertIcal alignment for streets to the satIsfactIOn of the CIty EngIneer and the Parkmg and Traffic EngIneer. The plan shall Include the deSign plan for Olympic Dnve from Ocean Avenue to Fourth Street. 25 PrIor to submIttal of FInal Map, the subdiVider shall submIt and obtaIn approval of a plan Indlcatmg SIght dIstance along extreme slopes or curves to the satISfactIOn of the ParkIng and Traffic EngIneer and the CIty Engmeer 26. Pnor to submittal of Fmal Map, the subdiVIder shall submit and obtain approval of a plan to provide a new centerlme whenever the centerline of the eXIsting pavement does not COInCide WIth the record centerlIne, to the satIsfactIOn of the CIty Engmeer. 27. Pnor to submIttal of Fmal Map, the subdIVIder shall submit and obtam approval of a hydrology study of affected publIc and pnvate property and submit and obtam approval of a plan to construct draInage Improvements as needed, to the satIsfaction of the CIty Engmeer 28. Pnor to submIttal of Final Map, the subdIvider shall submit and obtain approval of a plan to replace dnveways to be abandoned WIth standard curb, gutter, and Sidewalk to the satIsfactlOn of the City Engmeer 29. Pnor to submittal of Fmal Map, the subdiVIder shall submIt and obtaIn approval of a plan to replace any broken or damaged curb, gutter, SIdewalk and pavement on streets wlthm or abuttmg the subdiviSIOn, to the sans factIOn of the DIrector of EnvlTonmental and Pubbc Works Management. 30 Prior to submIttal of Fmal Map, the subdiVIder shall submit and obtaIn approval of a plan to construct curb cut ramps at all Intersections the subdIVIder IS responSIble for, as reqUIred by the CIVIC Center Specific Plan, to the satIsfactlOn of the CIty Engmeer. 31. Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and obtam approval of a plan to proVide landscapmg and computenzed Irrigation control systems for all affected publIc streets, parks and other publIc areas to the satIsfactIon of the DIrector of CommunIty and Cultural SeIVices. 32. Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and obtalll approval of a plan to construct sewer, reclaImed and/or domestic and fire protectIon water systems, to the satIsfactlon of the UtIlIty Manager and FIfe Chlef. 6 33. Pnor to submIttal of Fmal Map, the subdivIder shall submIt and obtain approval of a plan to construct new street and pathway lIghtmg faclhtIes to the satIsfactIOn of the CIty Engmeer 34. Pnor to submIttal of FIllal Map, the applIcant shall submIt and obtam approval of a plan to ensure that each fire hydrant shall have an acceptable Flow Test, to the satIsfactIOn of the FIre ChIef. 35. Pnor to submIttal of Fmal Map, the subdIVIder shall execute an agreement WIth the CIty statIng that all park, plaza, open spaces and green areas shall be planted and maIntaIned to the satIsfactIon of the DIrector of Community and Cultural ServIces, DIrector of Planmng and Commumty Development, and the CIty Engmeer. 36. Pnor to submIttal of Fmal Map, the subdIVIder shall submit and obtaIn approval of a plan to Install street name SIgns, to the satIsfactlOn of the CIty ParkIng and Traffic EngIneer. 37. Pnor to submIttal of FInal Map, the subdIVIder shall submit and obtain approval of a plan to construct on-SHe draInage faclhtIes to the satIsfaction of the BUIldmg OffiCial and CIty Engmeer 38. Subsequent to the demolItlOn of the two story RAND buIlding and prior to any new development on Lot 1 or Lot 2 north of OlympIc Dnve, the applIcant shall apply for and process a lot lme adjustment to mcorporate that portIon of Lot 2 lymg north of the potentIal alIgnment of OlympIC Dnve mto Lot 1 conslstent WIth the configuratIon of the mstItutIOnal uses as IdentIfied m the CIVIC Center SpeCIfic Plan 39. Parking shall be proVIded for all eXlstmg uses at all tImes mcludmg during and after project construction EnVIronmental ComplIance 40. Pnor to submIttal of Fmal Map, the subdIVIder shall demonstrate to the satIsfactIOn of the DIrector of EnVIron men tal and Public Works Management that the dIscharge of sewage from thIS land subdIVIsIOn into CIty publIc sewer system shall not VIOlate the reqUIrements of the CalIfornia RegIOnal Water QUalIty Control Board pursuant to DIVISIOn 7 (commencmg With SectIon 13000) of the \Vater Code 41. Pnor to submmal of Fmal Map, the subdIVIder shall obtain N.P.D.E.S. permits as applIcable 7 42. Pnor to submIttal of Fmal Map, the subdIvIder shall submit and obtam approval of a Water QualIty Management Plan (WQMP) , to the sausfaction of the Director or Environmental and PublIc Works Management. The WQMP shall IdentIfy the applIcatIOn and incorporatIOn of those routine structural and non structural BMP's as outhned 10 the CountYWide NPDES Dramage Area Management Plan AppendIX. 43. Pnor to the Issuance of prelIm10ary or precise grad10g permits, the subdiVider shall proVide the CIty Engmeer WIth evidence that a NotIce of Intent (NOI) has been tiled WIth the State \Vater Resources Control Board. Such eVIdence shall conSIst of a copy of the NOr stamped by the State Water Resources Control Board or the RegIOnal Water Quality Control Board, or a letter from eIther agency statmg that the NO! has been filed. 44. Pnor to submIttal of F10al Map, the subdIVider shall submit pollutIon preventIon plans for the SIte and for gradmg actIvItIeS to the satisfaction of the CIty EngIneer The plans must conform to the procedures and rules m effect at the tIme of the buIld10g permIt Issuance. 45. Pnor to submIttal of FInal Map, the subdIVIder shall execute an agreement With the City to comply WIth energy conservatIOn reqUIrements (mc1udmg reducing reflectmg solar effects of paved surfaces) 10 effect at the tIme of buildmg permIt Issuance 46. Pnor to submIttal of Fmal Map, the subdIVider shall submIt and obtaIn approval of a plan stat10g that all new development shall be conSIstent With the Intent, goals, and programs of the CIty's Sustalnable CIty Program Dedlcanons/Easemen ts 47. Pnor to submIttal of Fmal Map, the subdIVIder shall submit and obtain approval of a plan to mcorporate opportunitIes for resource conservation and recyclIng, to the satisfactIOn of the CIty Engmeer. ThiS may include transport1Og grey water across the SIte from other CIty PropertIes. 48. Pnor to submittal of Fmal Map, the subdIVIder shall submit and obtaln approval of a plan to provide access and easements as reqUIred for use by the CIty and Los Angeles County for the ma10tenance and Improvement of the Plco-Kenter Storm Dram, to the satlsfactlOn of the CIty Engmeer. 49. PrIor to submIttal of Fmal Map, the subdIVIder shall apply for and actively partICIpate 10 the approval of the vacation of First Court. SO Pnor to submIttal of Fmal Map, the subdIVIder shall execute an agreement 8 ------- - -- ----- wIth the City to qUItclaIm unneeded pnvately owned easements under the subdIvIder's control. The subdIvIder shall arrange for relocating or obtaming new easements as necessItated by any proposed development (e g., those currently runmng through proposed structures). 51. The FInal Map shall delIneate full cul-de-sacs, wnh easements, at the terminus of all streets withIn the subdlvlSlon to the satisfaction of the CIty Engmeer 52. The subdIvIder shall not grant or record pnvate easements within areas proposed to be granted, dedIcated, or offered for dedIcabon for pubhc streets or hIghways, access nghts, bUIldIng restrictIOn nghts, or other easements untll after the final map IS filed wIth the County Recorder unless such easements are subordmated to the proposed grant or de(hcation. If easements are granted after the date of tentatIve approval, a subordinauon must be executed by the easement holder poor to the filmg of Final Map. 53. Pnor to submIttal of FInal Map, the subdIVIder shall proVIde letters of offsite slope easements and draInage acceptance, to the satIsfactIon of the City EngIneer. S4 Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and execute all necessary documents for the dedlcatlon of vehIcular access nghts along frontages of the development on Mam Street and Ocean A venue, to the sahsfactlOn of the CIty Engmeer and the DIrector of Plannmg and Commumty Development 55. Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and execute all necessary documents for grantmg easements to the CIty, appropoate agency or entIty, for the purpose of mgress, egress, constructIOn and ma.mtenance of all mfrastructure constructed for thIS land subdIVISIon, to the satIsfaction of the CIty Engmeer and the DIrector of Planning and Commumty Development. 56. Prior to submIttal of Final Map, the subdIVIder shall submIt and execute all necessary documents for provIdmg necessary fire protection access easements to be dedIcated to the CIty, to the satisfactIon of FIre ChIef. 57. Pnor to submIttal of FIna~ Map, the subdIVIder shall submIt and execute all necessary documents for recordIng of pubhc traIls and/or public parks, m accordance wnh the CIVIC Center SpeCIfic Plan 58. Pnor to submIttal of Fmal Map, the subdIVIder shall submIt and obtain approval of a plan mdIcatmg that any easement that lIes wnhm or crosses 9 nghts-of-way proposed to be deeded or dedIcated to the CIty, shall be subordinated to the City pnor to CIty acceptance of the right-of-way, unless otherWIse exempted by the CIty Engmeer. CIty Hall Square 59. Pnor to submIttal of FlOal Map, the subdIVIder shall reach an agreement with the CIty regardmg desIgnatIOn of an area for the creation of CIty Hall Square, lOcludmg dedICatIOn of pnvate land, or creatIOn of publIc easements, as necessary. m accordance WIth the CIVIC Center Specific Plan, and the FInal Map submItted shall reflect such deSIgnatIOn and reference such agreement. 60. Pnor to submIttal of Fmal Map, the subdIVIder shall reach an agreement with the CIty regardmg deSignatIon of an area for a one-way loop road, that IS 20 feet m width, around CIty Hall Square, Includmg dedicatIon of pnvate land, or creatIOn of publIc easements, as necessary, in accordance WIth the CIVIC Center SpeCIfic Plan, and the Fmal Map submItted shall reflect such desIgnatlOn and reference such agreement 61. Pnor to submIttal of FlOal Map, the subdIVIder shall reach an agreement WIth the CIty regardIng deSIgnatIOn of an area to establIsh a Sidewalk and landscaped area 30 feet In WIdth beyond the one-way loop road around City Hall Square as a tranSItIOn to adjacent bUIldmgs, mcludlOg dedIcatIon of pnvate land, or creatIOn of publIc easements, as necessary, In accordance WIth the CIVIC Center SpeCIfic Plan, and the FlOal Map submmed shall reflect such desIgnatlOn and reference such agreement. Mam Street CIrcle 62. Pnor to submittal of FInal Map, the subdIVIder shall reach an agreement WIth the CIty regardIng deSIgnatIOn of an area to accommodate the deSIgn of Mam Street CIrcle, mcludlOg dedIcatIOn of pnvate land, or creatIon of publIc easements, as necessary, m accordance WIth the Civic Center Specific Plan, and the Fmal Map submItted shall reflect such deSIgnatIon and reference such agreement The Arroyo 63 PrIor to submittal of Fmal Map, the subdIVIder shall reach an agreement WIth the CIty prohIbItIng bUIldIngs from encroaching north of a hne between the mam entrance of CIty Hall and the northernmost pomt of the "Z" bUIldIng wlthm the Rand complex m order to mamtaIn VIews and prOVIde for publIc access and open space 10 64. Pnor to submIttal of FlOal Map, the subdIVIder shall reach an agreement with the City regarding desIgnatIOn of an area to create the Arroyo as a 2.1 acre pubhcly accessIble open space, mcludlOg dedIcatIOn of pnvate land, or creatIOn of publIc easements, as necessary, in accordance with the CIVIC Center SpecIfic Plan, and the FlOal Map submItted shall reflect such desIgnation and reference such agreement The VIllage Green 65. Pnor to submIttal of Final Map, the subdIVIder shall reach an agreement WIth the City regardlOg deSIgnatIOn of 0.7 acres (not mcluding roads) for the creatIOn of an 80-foot WIde VIllage Green, mcludIng dedlcatlon of pnvate land, or creatIOn of publIc easements, as necessary, 10 accordance with the CIVIC Center SpeCIfic Plan, and the Final Map submitted shall reflect such deSIgnatIOn and reference such agreement. 66. Pnor to submittal of FInal Map, the subdiVIder shall reach an agreement WIth the CIty regardlOg the deSIgnatIOn of an area for a 20-foot wide roadway, around the VIllage Green, mcludmg dedIcatIOn of pnvate land, or creatIon ofpubhc easements, as necessary, In accordance WIth the CIvic Center SpeCific Plan, and the Final Map submItted shall reflect such deSIgnatiOn and reference such agreement PublIc Use 67. Pnor to submIttal of Fmal Map, the subdIVIder shall reach an agreement with the CIty regardmg deSIgnatIOn and constructIOn of a 3D-foot wide publIcly acceSSIble north-south easement through Lots 1 and 2 along the extended centerlIne of the Village Green, connecting the OlympIC Drive extenSIOn WIth the Arroyo open space, In accordance WIth the CIVIC Center SpeCIfic Plan. At least 65 percent of thIS easement shall be open to the sky Pnor to submittal of the Final Map, the subdIVIder shall execute an agreement WIth the City concernmg use of the easement, IncludIng provlSlons that the easement shall be open to the pubhc during business hours and other speCified time penods, conSIstent WIth the operatlon and secunty of pnvate uses. 68. Pnor to submittal of Fmal Map, the subdIVIder shall reach an agreement WIth the City regardlOg deSIgnatIOn and constructIOn of a 3D-foot WIde publIcly accesslble east-west easement along the northern edge of Lot 2, along the extended centerline of City Hall, connectIng the City Hall Square with the north-south easement descnbed In CondIllon #65, In accordance with the CIVIC Center SpeCIfic Plan. At least 65 percent of thIS easement shall be open to the sky Pnor to submIttal of the FInal Map, the 11 subdIVIder shall execute an agreement wIth the CIty concernmg use of the easement, mcludIng provlSlons that the easement shall be open to the public dUrIng busmess hours and other specIfied tIme perIods, consIstent with the operatlOn and secunty of pnvate uses 69. If the "Z" bUIldmg IS removed, pnor to submittal of FlOal Map the subdIvIder shall reach an agreement wIth the City regardmg designatIon and constructIon of a 3D-foot wIde pubhcly acceSSIble east-west easement through Lot 1 along the extended centerlme of SeaSIde Terrace, connecting Ocean Avenue wlth the north-south easement descnbed m ConwtJOn #65, m accordance wIth the CIVIC Center SpecIfic Plan. At least 65 percent of thIS easement shall be open to the sky. Pnor to submIttal of the Fmal Map, the subdIVIder shall execute an agreement WIth the CIty concernIng use of the easement, Includmg proVISIons that the easement shall be open to the publIc dunng bUSiness hours and other speCIfied time periods, conSIstent with the operatIon and secunty of prIvate uses. 70. Pnor to submIttal of Final Map, the subdIVIder shall reach an agreement WIth the CIty regardmg deSIgnatIOn and constructIon of a 3D-foot wide at- grade pedestnan way along the southern edge of Lot 5 to connect the VIllage Green WIth Ocean Avenue, In accordance with the CIVIC Center SpeCific Plan PrIor to submIttal of the Fmal Map, the subdIVIder shall execute an agreement wnh the CIty concermng use of the easement, mcludmg prOVISIons that the easement shall be open to the publIc during bUSIness hours and other speCIfied tIme perIods, conSIstent with the operatIon and securIty of pnvate uses 71. PrIor to submIttal of Fmal Map, the subdIVIder shall reach an agreement WIth the CIty regardIng deSIgnatIOn and constructIOn of a 3D-foot wide at- grade pedestnan way through Lot 3 connectmg the VIllage Green WIth the Mam Street CIrcle generally along the same alIgnment as the twenty-elght- foot WIde pedestnan way required along the southern edge of the Maguire- Thomas property In the MagUlre- Thomas Development Agreement (OrdInance 1542 (CCS)), In accordance WIth the CIVIC Center SpecIfic Plan. Pnor to submIttal of the FInal Map, the subdIVIder shall execute an agreement WIth the CIty concernmg use of the easementt Including provisions that the easement shall be open to the publIc dunng business hours and other speCIfied tIme penods, conSIstent WIth the operatIon and secUrIty of prIvate uses 72. Pnor to submIttal of FlIlal Map, the subdIVIder shall reach an agreement WIth the CIty regardIng deSIgnatIOn and constructIOn of a 3D-foot WIde east- west pedestnan lmkage along the northern edge of Lot 3 and the southern edge of Lot 2 to connect Mmn Street wIth the VIllage Green, generally 12 along the same alIgnment as the easement as descnbed m CondItlOn #68, m accordance WIth the CIVIC Center SpecIfic Plan. Pnor to submittal of the Fmal Map, the subdIVIder shall execute an agreement WIth the CIty concermng use of the easement, mcludmg provlSlons that the easement shall be open to the publIc dunng busIness hours and other specified time penods, conSIstent WIth the operal1on and secunty of prIvate uses. 73. Prior to submIttal of Fmal Map, the final deSIgn, alignment and locatIOn of dedIcations, easements, and pubhc Improvements may be modified through review of final project plans, subject to the approval of the DIrector of EnVIronmental and Pubhc Works Management and the DIrector ofPlanmng and CommunIty Development. pursuant to the project approval process, in accordance WIth the CiVIC Center SpecIfic Plan. Plan Implementation 74. Pnor to submIttal of Fmal Map, the subdIVIder shall reach an agreement WIth the CIty regardIng the deSIgn and constructIOn of Mam Street, mcludIng the CIty Hall Square, MaIn Street CIrcle, and the OlympiC Dnve and VIcente Terrace extenSIOn The deSIgn and constructlOn of the street and assocIated landscapmg, lIghtmg and open space Improvements shall be reViewed and approved by the CIty, and shall be In accordance with the CIVIC Center SpecIfic Plan 75. Pnor to submIttal of Fmal Map, the subdIVIder shall reach an agreement WIth the CIty regardmg the deSign and construction of the VIllage Green and the Arroyo Parkway accordIng to the standards and gmdelmes set forth In the SpecIfic Plan. The Village Green and Arroyo Parkway shall be either dedicated to the CIty or owned and operated by the pnvate developer in a manner conSIstent WIth that of a publIc park. 76. Pnor to submIttal of Fmal Map, the subdIVider shall reach an agreement WIth the CIty regardmg the deSIgn and constructIon of the publIc access easements WIthm the development parcels accordmg to the standards and gUidelines estabhshed m the SpecltlC Plan The public access easements shall be open to the public dunng buslOess hours and other specified time periods conSIstent With the operatIon and secunty of pnvate uses. 77. Pnor to submIttal of FInal Map, the subdIVIder shall reach an agreement With the City on synchromzatlOn of SIgnals wIthm the area bounded by WIlshIre Boulevard, PICO Boulevard, Lmcoln Boulevard and Ocean Avenue. The synchromzatIOn shall be funded JOlOtly by pnvate development and City contnbutIOns conSIstent WIth the SpeCIfic Plan though use of PropOSItIOn A and C discretIOnary funds 13 - ---- ---------- 78. Pnor to submittal of Fmal Map, the subdivider shall submit and obl:a1n approval of a plan Identlfymg parcels which w1l1 be offered to the City for dechcatlOn In conformance wIth the SpecIfic Plan, to the satIsfaction of the Plannmg and Commumty Development DIrector and the CIty Engineer. 79. Pnor to submlttal of Fmal Map, the subdiVider shall submit and obtain approval of a plan WhICh establIshes the final grades, alIgnments and widths of streets, utIlIty corndors and publIc ways m conformance with the Specific Plan, to the satisfaction of the City Engmeer. 80. Pnor to submittal of Fmal Map, the subdIvider shall reach an agreement WIth the City regardmg the mechamsm and tImmg for fundmg of the public Improvements for Mam Street (mcludmg realIgnment and Main Street Circle), CIVIC Center Dnve, the Clv1C/Cultural Park, the VICente Terrace ExtensIOn, the Village Green, CIty Hall Square, Arroyo Park and median and Sidewalk plantmgs on Ocean Avenue, PICO Boulevard and Fourth Street. General CondltlonsfFees 81. ThIS approval IS for a Tentative Map only. No development or land use permits have been applIed for or are granted in conjunctIon with tlus Tentative Map Appropnate land use approvals shall be reqUired for any subsequent development on tIns SIte and all development shall be III accordance With the CIVIC Center SpeCIfic Plan. 82. The approval of thIS Tentatlve Map shall not prevent the City from imposmg enVIronmental mitIgation measures and other condil1ons of approval associated With any subsequent development or land use permit on thIS SIte. 83. Any subsequent land use approval or permIt shall be subject to the condItIons, req mred fees and exactIOns authonzed by the policies, ordmances and standards m effect at the time the applIcation for this TentatIve Map was deemed complete For those fees the amount of which IS determIned and assessed upon Issuance of a bUlldmg permIt, the amount of any such fee shall be the amount m effect at the time the bUIldIng permIt IS Issued Approval of thIS TentatIve Map shall not be construed III any manner as a waIver of these condHlons, fees and extractIOns to be assessed on subsequent development. 84. The CIty'S TransportatIon Management Plan Ordmance authonzes the ImpOSItIOn of a traffic Impact fee on all new development to pay for lllfrastructure Improvements necessItated by the Impact of new development. 14 The amount of such fee wIll be set by resolutlOn of the City Council pendmg completIOn of a nexus study. NotwIthstandIng condltion #81, any subsequent development on thIS SIte whIch has not obtaIned a CertIficate of Occupancy pnor to the resolutIOn establIshmg thIS fee shall be subject to payment of thIS fee pnor to Issuance of the CertIficate of Occupancy on the same basIs as other sImIlar development wIthm the CIty, unless otherwIse mutually agreed by the subdIVIder and CIty. 85. The City IS currently studymg the ImposItIOn of an Arts fee on all new development to mltlgate the aesthetiC Impact of new development through fundmg of on-SIte or pubhc art. Such fee will be set as a cost per square foot of between fifty-five cents and two dollars, or a percentage of constructIon cost bet\....een one and five percent, the exact amount of which shall be determIned after completIon of a nexus study. Notwithstandmg conditIon #81, any subsequent development on this site which has not obtaIned a Certlficate of Occupancy pnor to the lime at WhICh such fee has been set by ordmance or resolutIOn shall be subject to payment of this fee pnor to Issuance of the Certificate of Occupancy on the same basis as other sImIlar development WIthIn the Clly, unless otherwise mutually agreed by the subdiVIder and Cny. 86. The CIty IS currently studymg the ImpOSltIOn of a Storm Dram Pollution MItigatIOn Fee on all new development to mltIgate the Impact of new development on storm dram mfrastructure and faCIlItate the discharge reductIon goals of the Clean Water Act and the NatlOnal Pollution Discharge ElImmator System permi t With Los Angeles County. Notwlthstandmg condmon #81, any subsequent development on thiS SIte which has not obtaIned a Certificate of Occupancy pnor to the tIme at whIch such fee has been set by ordmance or resolution shall be subject to payment of thIS fee pnor to Issuance of the CertIficate of Occupancy on the same basIs as other SImIlar development wlthm the CIty, unless otherwise mutually agreed by the subdiVIder and CIty 87. If prIor to submIttal of Fmal Map, any Improvements reqUIred by the approval of thIS TentatIve Tract J\lap have not been completed and accepted In accordance WIth the condItIOns of the TentatIve Map, the subdiVIder and the CIty shall negotlate and execute a subdIVISIOn Improvement agreement to either complete the Improvements at the subdIVider's expense or to create a speCIal assessment for the finanCIng and completIon of such Improvements The CIty shall reqUIre a secunty guarantee for the completIon of any such Improvements, In a form satIsfactory to the CIty Attorney 88. The Tentative Map shall expIre 36 months after approval, except as 15 provIded In the provlSlons of CalIfornia Government Code SectIOn 66452.6 and SectIons 9 20 18 010 and 9 20.18.020 of the Santa MOnIca MUnICIpal Code. Dunng thIS tIme penod the final map shall be presented to the CIty of Santa MOnIca for approval No bUIldmg permIt for the project will be granted untIl such tIme as the Fmal Map IS approved by the Santa Momca CIty CouncIl 89. In submIttIng reqUIred matenals to the Santa Momca Engmeenng DiviSIOn for a final map, applIcant shall provIde a copy of the approved Statement of OffiCIal ActlOn. 90. The form, contents, accompanYIng data, and filIng of the Fmal SubdIVISIon Map shall conform to the prOVlSlons of SectlOns 9.20.08 010 through 9.2008.090 (SMMC) and the SubdIVIsIon Map Act The required Final Map filmg fee shall be paid pnor to schedulIng of the Final Map for CIty CouncIl approval 91. One mylar and one blue-lme copy of the final map shall be provided to and recorded WIth the Los Angeles County Recorder pnor to Issuance of any bUIldmg permIt for a condommlum project pursuant to Government Code Section 66.499 30. ApplIcant shall also proVIde the County with a copy of the Statement of OffiCIal ActIOn at the tIme the reqUIred copIes of the map are submItted 92. A copy of the recorded map shall be proVIded to the Planmng and Commumty Development Department pnor to Issuance of a buIldmg permit. 93. Pursuant to SectIOn 9 20 14.070 (SMMC), If the subdIVIder or any interested person dIsagrees WIth any action by the PlannIng CommISSIOn WIth respect to the Tentative Map, an appeal or complaint may be filed in wnting WIth the CIty Clerk No appeal or complaint may be filed after a ten day penod from the CommISSIOn's deCISIOn on the Tentative Map. 94. Pnor to submIttal of Fma11vlap. the subdIVIder shall execute an agreement WIth the CIty to comply WIth all reqUirements and/or conditIOns that the DIrector of EnVIronmental and PublIc Works Management (EPWM) may reqUIre at the tIme of submISSIOn of BUIldIng PermIt ApplIcatIon, mcludmg Improvmg on-SIte and off-SIte publIc facllltles and UtllIties. 95. Pnor to submIttal of FInal Map, the applIcant shall execute an agreement WIth the CIty to submIt plans to the satlsfactlon of the CIty Engineer and Performance and Labor and Matenal bonds for the constructIon of all off SIte Improvements and envIronmental mltlgatlOn measures reqUIred by 16 - --- - -- the C1ty to mltIgate the effects of the project to the satisfactIOn of the Duector of Planmng and Commumty Development and the CIty Engmeer. 96. Pnor to submIttal of Fmal Map, the apphcant shall execute an agreement with the CIty statmg that all reqUlred fees hereunder shall be paId m full accord1Og to the fee schedules 10 affect at the bme of the Issuance of the bmld10g permIt 97. Pnor to submIttal of Final !vlap, the apphcant shall execute an agreement w1th the CIty stating that, notwlthstandmg the vested nghts created hereunder, the subdIVIder shall erect, construct, enlarge, alter, repaIr, move, remove, convert, demohsh, occupy, eqUIp, use or mamta10 any structure or buIlding, or fixture attached there to, In accordance WIth all CIty admimstratIve and techmcal constructron codes, m effect at the trme a bUIldmg permIt IS Issued. VOTE Ayes' Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Nays: Abstarn : Absent. NOTICE If thIS IS a final declSlon not subject to further appeal under the CIty of Santa Monica ComprehenSIve Land Use and Zonrng Ordrnance, the trme WIthin which JUdICIal reVIew of this deCIsion must be sought IS governed by Code of C1VIl Procedure Secllon 1094.6, which proVISIOn has been adopted by the CIty pursuant to MUnICipal Code SectIOn 1400. I hereby certify that this Statement of Official Action accurately reflects the rmal determination of the Planning Conmlission of the City of Santa l\fonica. Judy Abdo, Mayor Pnnt Name and TItle I hereby agree to the above conditions of approval and acknowledge that failure to comply 17 with such conditions shall constitute grounds for potential revocation of the permit approval. ApphcanCs Slgnature Print Name and Tltle f: \ppd\share\pcreport\randccst 18