SR-6-F (107)
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COUNCIL MEETING: October 29, 1991 Santa Monica, California
TO: Mayor and City Council
FROM: city staff
SUBJECT: Consideration of Setback Requirements for the Project
Located at 1733 Ocean Avenue Pursuant to Development
Agreement with Maguire Thomas Partners
INTRODUCTION
This report recommends that the city Council accept a 20 foot
setback along the east side of Ocean Avenue for the Maguire
Thomas office project at 1733 Ocean Avenue. This report also
recommends that the City council take no action at this time to
vacate a portion of First Court located between Colorado Avenue
and Pico Boulevard. If the city Council decides not to adopt the
staff recommendation and instead requires a 35 foot setback for
the Maguire Thomas project, then the city council must act to set
a public hearing to vacate the alley and to hear any protest
regarding the proposed vacation.
BACKGROUND
In November, 1987, Maguire Thomas Partners submitted a
Development Review application for the construction of an office
building at 1733 Ocean Avenue. In July, 1988, the city initiated
the preparation of a civic Center Specific Plan and in order to
facilitate consistency with the Civic Center specific Plan
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process, the city approved a Development Agreement in October
1990, with Maguire Thomas Partners for the office building.
As part of the civic Center Specific Plan (CCSP) preparation, a
Community Advisory Committee was formed to provide pUblic input
in the development of a Civic Center Specific Plan. Initially,
the committee expressed a strong interest in extending the
Palisades Park concept from Colorado south to Pica by requiring a
35 foot setback along the east side of Ocean Avenue. This
setback would continue the open, grand boulevard feeling that
exists on Ocean Avenue north of Colorado. A 35 foot setback
would also provide opportunities to design pedestrian friendly
street frontages along the east side of Ocean Avenue that would
encourage walking, strolling and passive activities. This
setback would complement the 35 foot setback presently required
along the west side of Ocean Avenue as identified in the Land Use
and Circulation Element and implemented in the Zoning Ordinance.
While the cCSP Community Advisory Committee was meeting,
development agreement negotiations were in process between the
City and Maguire Thomas Partners. In an effort to comply with
the anticipated outcome of the CCSP Community Advisory
Committee's recommendations to council, the Development Agreement
incorporated a set of procedures that, if completed, would result
in the project having a 35 foot setback. In order to require a
35 foot setback, First Court Alley will need to be vacated.
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Should the City decide to require a 35 foot setback, Section 3.2
of the Development Agreement sets forth the specific conditions
and timing under which the alley must be vacated (see attachment
#1) . Conditions include:
0 Transfer of title of the 10 foot portion of the alley east
of the centerline in exchange for the granting of a public
access easement in the 35 foot Ocean Avenue setback,
0 Payment of all utility relocation costs for 1733 Ocean
Avenue by Maguire Thomas Partners, and
0 Vacation of the alley by the "Target Date".
The Development Agreement also contains specific language
regarding the use and maintenance of a 35 foot front yard
setback, should it be required. These conditions include the
granting of a limited public access easement area in which the
developer would remain the fee owner and be responsible for the
maintenance and costs. This area would "grant the general
public the right to walk, stroll, jog, read, eat, converse in
small groups or engage in any other similar activities in the
Public Access Easement Area beginning at 7:00 a.m. and concluding
at 10:00 p.m. seven days a week." (Section 3.2.B.3)
In the event the City does not vacate the alley by the "Target
Date," the project will be constructed with a 20 foot setback
along Ocean Avenue. Unlike the 35 foot front yard setback
conditions described above, there would not be any restrictions
on the use of the 20 foot setback. In addition, should the city
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decide that a 20 foot setback is acceptable, but still wants to
vacate the alley, Maguire Thomas will not be obligated to
contribute to the relocation of utilities.
As mentioned earlier, the CCSP Community Advisory Committee's
initial analysis of the civic Center contemplated a 35 foot
setback along the east side of Ocean Avenue. Upon further
consideration of the issue and as a result of two years of
discussion on the future land use and development for the civic
Center area, on September 23, 1991, the CCSP Community Advisory
Committee voted unanimously in favor of the following policy:
4.3.4.5 (c) Ocean Avenue: Buildings shall be setback a minimum
of 20 feet from the public right-of-way.
If the Council wishes to require the 35 foot front yard setback
for the Maguire Thomas office building on the east side of Ocean
Avenue, the council must act at this time to vacate that portion
of First Court Alley described in this staff report. If Council
concurs with the cCSP Community Advisory Committee's
recommendation for a 20 foot setback along the east side of Ocean
Avenue, the Council could defer action. vacation proceedings
then could occur as part of, and at the time of, a proposal to
develop the RAND property. Costs of relocating the utilities
would be borne by the property owner(s) requesting the vacation
at that time.
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Provided as attachment 4 to this report is a letter from Maguire
Thomas Partners and The RAND Corporation. This letter states
that civic Center specific Plan Community Advisory Committee's
recomendation of a 20 foot setback along the east side of Ocean
Avenue eliminates the need to abandon the alley at this time. It
further states that abandonment of the alley to accommodate plans
other than the Maguire Thomas office building would be premature.
ALLEY VACATION PROCESS
If the city Council decides to require a 35 foot setback along
the east side of Ocean Avenue for the Maguire Thomas project at
1733 Ocean Avenue, then the council must adopt the attached
resolution (attachment 2) to set a public hearing to discuss the
vacation of a portion of First Court Alley.
Typically, the owner of fee title of any street or alley from the
centerline of the street or alley to the property line is the
adjacent property owner, and possession of that half of the
street or alley property would revert back to the adjacent
property owner after the vacation is complete. In this case,
however, the City holds fee title to the 10 foot portion located
easterly of the centerline of First Court, and not the adjacent
property owner, RAND. Therefore, upon vacation of this portion
of the alley, the city will still hold fee title to the easterly
ten feet of the alley. The westerly ten feet will be held by
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RAND Corporation and Carolyn Artis Trust/Gurney Trust in those
portions adjacent to their respective properties.
The existing utilities are located under the alley. If the alley
is vacated, an easement shall be reserved and accepted by the
city over the entire portion of the alley proposed to be vacated
for utility purposes (SCE, SeG, GTE, Los Angeles County storm
Drain, the City Sewer) . In order to build over the vacated
alley, the utilities will need to be relocated and disposition of
the property resolved.
As a further condition of this vacation, RAND Corporation will
dedicate an easement for street and utility purposes. This
easement will allow continued access to Ocean Avenue and an
additional area for turning movements in the alley for the
parcels located on the portion of the alley not proposed for
vacation. said easement is more fully described in the attached
Resolution and Drawing No. 4514. RAND shall pay for all paving
and other costs associated with the creation of the easement for
street and utility purposes, including the cost of demolishing a
small structure located on the site of the easement.
Any future relocation costs for the utilities would be borne by
the party requesting the relocation. At this time, no utility
relocations are being considered.
The city has neither a current nor projected need for this alley
segment for street right of way.
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City staff will notify all property owners on the block
encompassing the proposed vacation area and within a 300 foot
radius of said area of the city's intention to vacate within one
week of the approval of the attached resolution.
BUDGET/FINANCIAL IMPACT
There is no budget/financial impact resulting from the
recommendation.
RECOMMENDATION
It is recommended that the Council determine that a 20 foot
setback on the east side of Ocean Avenue is appropriate and not
act to vacate a portion of First Court Alley at this time.
Prepared By: stan Scholl, Director of General Services
Tony Antich, City Engineer
Holly Ackley, Acting Civic Engineer
Suzanne Frick, Planning Manager
Liz Casey, Associate Planner
Attachments: 1. Development Agreement Section 3.2. Related to
Alley Vacation
2. Resolution
3. Drawing Nos. 4513 and 4514
4. Letter from Maguire Thomas Partners and The RAND
Corporation
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ATACHMENT 1
1.31 Zoninq Ordinance: Art~cle IX, Chapters 1-9,
Sections 9000 - 9923 of the Santa Monica Munic~pal Code as
effective September 8, 1988.
2. DESCRIPTION OF PROPERTY.
The Property is located at 1733 Ocean Avenue, Santa
Monica, California, and 1S legally described in Exhibit "A" to thlS
Agreement. The total area of the property is approximately 34,200
square feet.
3 . DESCRIPTION OF PROJECT.
3.1 Prolect Slte Plan. The Project shall be developed
In accordance with the Project Site Plan attached hereto as
Exhibit liB" except as provlded In sections 3.2 and 3.3 below.
3.2 Speciflc Deslgn Features. The ProJect shall
incorporate certain specific deslgn features as set forth In thlS
section 3.2 as long as the condltlons set forth hereln are met.
Developer shall be required to modify the attached ProJect Slte
Plan consistent wlth the provlslons of this Section 3.2.
*' A. Front Yard Setback. The Project shall
incorporate a front yard setback from Ocean Avenue.
l. The front yard setback shall be 35 feet if
all of the following requirenents are met:
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(a) The CIty vacates that 20 foot wIde
portion of FIrst Court Alley immediately east of
the Property and quitclaIms any and all interest
the City may have in the property underlying said
vacated portion, if any, to Developer pursuant to a
quitclaim deed or other method of conveyance
mutually acceptable to the City and Developer by
the Target Date so that a portion of the Project
can be developed thereon. CIty and Developer
expressly acknm..rl edge that CIty is conveYIng
whatever interest It may have in the land
underlying said vacated portIon of FIrst Court
Alley to Developer in consIderatIon for Developer's
conveyance of the lImIted publ1C access easement to
the CIty in accordance with the provisions of
section 3.2.B below.
(b) Developer and the fee owners of the
land underlYIng said vacated portion of FIrst Court
Alley, other than the City, must, WIthIn 120 days
after the date CIty vacates First Court Alley,
reach a mutually satisfactory agreement, Including
approprIate lease, sale or property exchange terms,
as to the develop~ent of a portion of the ProJect
upon said vacated portIon of FIrst Court Alley or
the CIty must deliver fee title to said underlying
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land to Developer ln accordance wlth Sectlon
3.2.A.2 below.
( c) Developer shall not be requlred to
pay any sura to city, or meet any other City
requirement not identified in thls Agreement, for
the right to develop a portlon of the Project upon
sald vacated portion of Flrst Court Alley; other
than appropriate and legal public utility
relocation fees in connection with the required
relocation of public utillty faclllties as a result
of the vacation of Flrst Court Alley.
(d) In developing a portion of the
Project on the vacated portion of Flrst Court
Alley, Developer shall not be requlred to modify
the ProJect ln any manner except the lecation of
ltS footprint.
2. If city vacates First Court Alley then
Developer shall use its best efforts in a good faith
atteMpt to reach a mutually acceptable agreement with the
owners of the land underlying the vacated portion of
First Court Alley, other than the Clty, as set forth
above at Sectlon 3.2.A.1(b) wlthln the applicable 120
days. If Developer cannot do so It shall immediately
provide written notlce to City that it cannot reach a
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mutually acceptable agreement. city shall have two (2)
months from the date it recelves Developer's notice to
commence emlnent domain proceedings against the owner(s)
of the land underlYlng the vacated portion of First Court
Alley and an additional eight (8) months to deliver to
Developer marketable title in sufficient form to allow
for its development. Developer shall pay all costs
incurred in connection with the condemnation proceedings
and award, subject to the credlt for such costs in
Section 3.3.A.l herein. If Clty tlmely delivers such
marketable tltle to Developer then the front yard setback
shall be 35 feet, if not the front yard setback shall be
20 feet.
3. If the condl tions set forth above at Sectlon
3.2.A.l are met so that the front yard setback shall be
35 feet, then Developer shall obtaln tltle insurance with
respect to the fee tltle of that land underlying the
vacated portion of First Court Alley WhlCh is
transferred, by qUl.tclaim deed or otherJl.se, to
Developer. Moreover, Developer agrees to save,
indemnlfy, hold harmless and defend the city from and
agalnst any and all costs, expenses, liabilities, clalms
or damages the Clty may incur as a result of any
individual or entity, other than RAND Corporatlon,
alleglng that they or it has an ownershlp lnterest in any
portlon of the land underlying the vacated portion of
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First Court Alley WhlCh the Clty transfers or causes to
be transferred, by quitclaim deed or othervllse, to
Developer. ThlS lndemnJ..ty shall include the cost of
defending any claJ..m or lawsuit brought agalnst the City
relating to matters covered by this indemnlty, by counsel
retained by Developer.
4. If the conditions set forth above at
Sectlon 3.2.A.l are not met the front yard setback shall
be 20 feet.
B. Use and Maintenance of the 35 Foot Front Yard
Setback. If the requirements set forth ln Sectlon 3.2.A.l
above are met so that the front yard setback shall be 35 feet,
then a ll~ited publlC access ease~ent shall be created for the
Public Access Easement Area pursuant to the provlslons of thls
Sectlon 3.2.B on the followlng terms and conditlons:
l. The easement shall be created at the
conpletion of the construction of the Project, and no
sooner, by recordatlon of the Public Access Easement
Agreement, duly executed by Developer and city, wlth the
Los Angeles County Recorder's Office.
2. Developer shall remaln the fee owner of
the PubllC Access Easement Area and wlll be responslble
for lts malntenance at Developer'S sole cost.
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3 . The PubllC Access EaseITlent Agreement shall
grant the general public the r1ght to walk, stroll, Jog,
read, eat, converse in small groups or engage in any
other similar activitles in the PubllC Access Easement
Area beginning at 7:00 a.m. and concluding at 10:00 p.m.
seven days a week.
4. The Public Access Easement Agreement shall
not grant members of the general public the right to
conduct! or engage 1n! any activities not identified
above at section 3.2.B.3, unless the activ1ty 1S
expressly authorized by Developer pursuant to a written
llcense agreement! includlng but not ~i@ited to cooking,
dlspensing or prepar1ng food; selling any item; sleep1ng
or staying overnlght; and any other act1v1ty Wh1Ch is
deemed to be a public ilUlsance or which unreasonably
annoys or interferes with the Project or members of the
general publlC engaging in an activlty identified above
in Sect10n 3.2.8.3.
C. "East/West Street". City has deter~lned that
it may be In the Clty's best 1nterests to requlre Developer to
dedicate the East/West street Dedicatlon Area to City for an
east/west street through the Property. Developer shall
dedicate such area if requ1red by the prov1slcns of this
. Sectlon 3.2.C.
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ATTACHMENT 2
RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER THE VACATION
OF A PORTION OF FIRST COURT BETWEEN COLORADO AVENUE
AND PICa BOULEVARD IN THE CITY OF
SANTA MONICA, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION L The City Council of the C1ty of Santa
Monica hereby declares its intention to order the vacation of
that portion of First Court, 20 feet wide, as shown in DraT.ving
No. 4513, on file in the Office of the city Engineer, located
between Colorado Avenue and pico Boulevard, shmvn as a 10 foot
alley on the map of Scottfs Addition to Santa Monica, California,
in the CIty of Santa Monica, County of Los Angeles, state of
California, in Book 7, Pages 58 and 59, of Miscellaneous Records
of said County, filed with the County Recorder of said County,
and that 10 foot portion of the Rancho San Vicente Y Santa
Monica, in said City, as per map recorded in Book 3, Pages 30 and
31 of Patents, files with said County Recorder, bounded as
follows:
Northeasterly by a line parallel with and 20.00 feet
northeasterly, measured at right angles, from the
northeasterly line of Lots I through 18 of said Scott's
Addition; southeasterly by the northwesterly line of the
southeasterly 21.50 feet of Lot 13 of Tract No. 1347, in
said City, as per map recorded in Book 18, Page 89 of Maps,
in said records: southwesterly by the northeasterly line of
said Lots 1 through 18; and northwesterly by the
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northeasterly prolongation of the northwesterly line of Lot
6 of said Scott's Addltion.
SECTION 2. The City Council of the City of Santa
Monica, in vacating said portion of First Court, intends to
reserve and except from said vacation an easement comprised of
the total portion of the alley to be vacated.
SECTION 3 . Said easement is for the purpose of
constructing, maintaining, operating, replacing, removing and
renewing all sanitary sewers, and other public utility facilities
and appurtenant structures. The city Council of the City of
Santa Monica finds that public convenience and necessity require
such reservation.
SECTION 4. The city Council of the city of Santa
Bonica, in vacating said portion of First Court, also intends to
request an easement comprised of a portion of the alley to be
vacated and a portion of Lot 6 of said Scott's Addition, as shown
in Drawing No. 4514 on file in the Office of the City Engineer,
and described as follows:
Beginning at the most Westerly corner of said Lot 6, thence
along the Northwesterly line of said lot and its
northeasterly prolongation North 45d41'00" East 170.00 feet
to a line parallel with and 20.00 feet northeasterly,
measured at right angles, from the northeasterly line of
Lots 1 through 18 of said Scott's Additioni thence along
said parallel line South 44d19'00" East 25.00 feet; thence
parallel with said northewesterly line of said Lot 6, South
45d4l'QQ" West 50.00 feeti thence North 89d19'00" West 7.07
feet to a line parallel with and distant 20.00 feet
southwesterly, measured at right angles, from said
northwesterly line of said Lot 6; thence along said parallel
line, South 45d4.1'00" West 115.00 feet to the Northeasterly
line of Ocean Avenue, 100 feet wide, as shown on said
Scott's Addltioni thence along said northeasterly line,
North 44d19'00" West 20.00 feet to the Point of Beginning.
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SECTION 5. Said easer-'lent is for the purpose of
constructing, maintaining, operating, removing and renewing all
streets and other public utilities or facillties and appurtenant
structures, and for public and vehicular access. The Clty
Council of the City of Santa Monica finds that public convenience
and necessity require such reservation.
SECTION 6. The City Council of the City of Santa
Monica, in vacating the above-mentioned portion of First Court,
elects to proceed under and in accordance with the provisions of
the Public Streets, High\vays and Service Easements Vacation Law,
Streets and Highways Code Section 8300 et seg.
SECTION 7. The city Clerk is hereby directed to
pUblish this Resolution in the Evening Outlook on two successive
dates, the first publication is to be made not less than fifteen
days prior to the date of the public hearing.
SECTION 8. The hour of 7:30 p.m. of the 26th day of
November 1.991, in the city council Chambers of City Hall, Santa
Monica, California, be, and the same hereby, is fixed as the time
and place when and where all persons interested in or objecting
to the proposed vacation may appear before the city council and
offer evidence in relation thereto.
SECTION 9. The Superintendent of streets of the CIty
of Santa l10nica hereby is directed to cause Notices of Street
Vacation to be posted as required by street and Highways Code
Section 8323.
SECTION 10. The city Clerk shall certify the adoption
of this ReSOlution, and thenceforth and thereafter the same shall
be in full force and effect.
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APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
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10/02/91
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ADDITION
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CITY OF SANTA MONICA
SCALE: GENERAL SERVIC ES DEPARTMENT
""?' = 200" ENGINEERING DIVISION
MAP SHOWING PORTfQN OF FIRST COURT BETWEEN
I COLORADO AVENUE AND PlCO BOULEVARD TO BE
PORTION OF LOT(S) TO BE VACATED By THE CITY UNDER THE PROVISI(J.IS
, OF THE STREET VACATION ACT OF 1941
1 VACATED BYTHE CITY
SleMITTED BY #.A~ llfiAWH BY ""_f~- No
APPROVED 19_ OESIGH8.....~..-..r,.~ 4513
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SCALE: GENERAL SERVICES o EPARTM E NT
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MAP SHOWING AN EASEMENT TO BE GRANTED
. PORTION OF LOT<S) TO BE TO THE CITY FOR STREET AND UTILITY
PURPOSES BETWEEN FIRST COURT ANO
. GRANTED TO THE CITY - OCEAN AVENUE NEAR COLORADO BOULEVARD
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STREET AND UTILITY SUBMITTED BY- 17' ACKL.EY DRAWN BY.PfOHAS(. DWG No.
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-. 1299 Ocean Avenue ATTACHMENT 4
- SUIte 1000
Santa Moruca CA 90-101
21.3 394-7620
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October 17, 1991
r.Il Honorable Mayor & CIty CouncIl
~ r.Il.. CIty of Santa MOnIca
.-c ~ QJ 1685 Mam Street
~ S ~ Santa MonIca, CahforDla 90401
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::s E5 ~ SUBJ: ABANDONMENT OF ALLEY
Honorable Mayor & Council
The undersIgned holders of Interest In real property abuttIng those certam nght of
way easements conStltutlllg an alley commonly known as FlfSt Court and Its
contInuatIOn located between Ocean A venue adjOining Lot 3 of Scott's AddItIon and
contllluing through and termlllatlllg adJoIDlng Malll Street at a pomt approxImately
350 feet north of PICa Boulevard (as shown on the map enclosed herewIth) hereby
request that the CIty of Santa MODlca not proceed with the abandonment of saId alley
On September 23, 1991 the CiVIC Center SpecIfIC Plan CommuDlty AdVIsory
CommIttee voted 12-0 to recommend a 20 foot setback along the eastern SIde of Ocean
Avenue between Colorado Avenue and PICO Boulevard That recommendatIon
ehmlllates the need to abandon saId alley In order to accommodate the MagUIre
Thomas Partners Development Agreement and makes any abandonment to
accommodate plans of other property owners premature
WhIle there appears to be no ImmedIate need to abandon saId alley, thIS request does
not preclude the underSIgned from requestlllg the abandonment of saId alley at some
future tIme
Respectfully SubmItted,
Maguire Thomas Partners The RAND Corporation
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BY; I AU. ? BY ~
~mgs!ey ~ - Rae W A ch.ba!d
V.ce Pre"dent ~ Vice Pre"dent. Ch., FlOoDc,,! omcer
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