SR-7A (9)
PCD SF KG AS DJ lplanlshar~lcouncillstrptlarboda3 app
CouncF~ Mtg November 11, 1997
TO Mayor and City Cauncil
FROM City Staff
NOV f 1 '~7
Santa Monica, California
SUBJECT Appeal 97-016 of Planning Commission Appro~al of Development Review
Permit 97-001 to Allaw the Cvnstruct~an of a New, 285,492 Square Foot,
Se~en-Story 351-Unit Apartment Buildir~g with 9,500 Square Feet of Gtound
Flaor Retail Space, and Se~en Le~els of At-Grade and Above-Grade
Parking, Includir~g Rooftop Parkmg, at the Site Known as The Arboretum,
a~d Introduction for First Rea~~ng of an Ord~nance Approving a Third
Amendment to The Arboretum De~elopment AgrEement Applicant Lmcoln
Property Company
INTRODUCTION
This report recommends that the Counal deny Appeal 97-016 and uphald the Plannmg
Commission's approval to allow construction of a new, 28~,492 square foot, se~rer~-story
351-Un~t apartmer~t building with 9,50Q square feet of ground floor retail space, and seven
Ievels of at~rade and abo~e-grade parking, includ~ng roaftop parking, and introduce for
fErst reading an ordinance amending the ~e~elopme~t Agreemer~t for the praperty
commonly referred to as °The Arboretum ° Development Revrew Perm~t 97-001 was
approved by a vote of 7-0 by #he Planning Commission on August 20, 1997 The pro~ect
was appealed by Lir~caln Praperty Compar~y an November 3. 1997 The appeal statement
is contained in Attachmen# A
The Th~rd Amendment to the Develapment Agreement would remave the limitat~an on the
number of stories for multi-family residential de~elopment, pravided no commereial uses
1
NOV f ~ i99T
are Ivcaked above the ground floar, and the building height does not exceed the max~mum
allowable height perm~tted in the currer~t De~elopment Agreement On August 20, 1997,
the Planning Commission ~~ted 7-0 to recommend that the City Councii appro~e the
proposed amendmen# The propased Ordinance is contained in Attachmenf B
Backaround
On August 20, 1997, the Plannmg Commission ~oted 7-4 to approved a 285,492 sc{uare
foot, 7-story, 351-ur~~t apartment build~ng w~th 9,389 sq~are feet of ground floor retail
space, 7 Ie~eVs of above-grade parking, rooftop parlcmg, and one fevel of basement
parking At th~ same time, the Cammass~on recommended appro~a! of the Third
Amendment to the De~elapmen# Agreement to allow up #0 7 stor~es for the residential
portion a# the pro~ect The overall pro~ect approval ~s cont~ngent upan City Counal
approval of the proposed Thircf Amendment
The proposed Third Am~ndment to the Development Agreement remo~es the current
Development Agreement's ~imitat~on on the number of stories for multi-family residential
hous~ng pro~ects with abo~e grade parking structures, and no commercial ~ses abo~e the
grvund floor, pro~ided that the buiEding height of such structures does not exceed the
maximum ailowable build~ng height identif~ed in the De~elapment Agreement and
correspar~ding Re~ised Zone Diagram The Second Amendment to the Development
Agreement established a"Revised Zone Diagram' (Attachment G} which designates f,ve
zones o~ the Arboretum site within wh~ch buildings may be located, and sets fort~
2
maximum bu~lding heights for struc#ures built in each zone Each zone may contain one
or more bwldings In the case where a building straddles more than one zone, the burfding
must meet #he building heig~t applicable for each zone in which it is located
APPEAL
The pro~ect has been appealed by Linca~n Pro~erty Company This section outlines the
key issues af the appeal
T~e appeal relates to conditions of appraval for three areas of concern (1 ~ the number
ancf mix of affordable housing units requ3red, (2} the allocatEOn of responsibility for
performing aff-s4te Empra~ements, and (3) the requirement for on-s~te water meters
Affordable Housina Mix
This portion of the appeal relates to the number and mix of affordable hausmg unEts
required for #he residen#~al component of the pro~ect Condition #19 of the pro~ect appro~al
states that
Priar to issuanc~ of bwld+ng permits, the City shall verify
th~t affordable housing requEremenks are provided in
accordance with SMMC Chapter 9 28 The number af
affordable housing units prov~ded shall compEy wEth the
standard City mterpretatian of that cha~t~r Amenities
provided for the inclusionary ~affordable-rate} units shall
be the same as those provided for the market rate units,
with the except~on of number of bathroams
3
The appeal ret~uests that the specif~c number of affordable units prov~ded be set forth in
the conditions of approval, rather than verified prior to the issuance of buEldmg ~ermits
The Second Amendmen# to the Development Agreement requires muiti-family residential
housRng proJects meet the provisions af SMMC Chapter 9 28 [Inclusionary Housmg
Program) The C~ty's methodolagy for calcufat~ng the number af required units ~s based
on Section 9 28 060, whGCh states that
1 30% of the hous~ng built shall be affordable to Iow and moderate income
fam~EEes
2 Inclusionary units provided shalf have at least the same number of bedrooms as
the a~erage dwellin~ unit in the pra~ect
3 Maderate income units must be provided on-sEte
4 Development Agreement Amendment #2 Section 12(c) allaws in lieu fees to be
pa~d for up to 50% flf the low income un~ts required
After the appeal was fil~d, the applicant subm,tted a letter requesting a modification m the
allocation of units by providing 348 units, 2 manager units, and 1 permanent model unGt
This letter is contamed as Aftachment C The applicant has requested that the 2 manager
units and the model u~it be exempted from the affordable hflusing requirements Staff
helie~es it is appropriat~ ta exempt the permanent 1-bedraom model unit pro~~ded th~s unit
is deed restricted to prohibit its use as a dweflmg unit !n addrtion, staff believes that flne
af the manager units should alsa be exempted because state ]aw requires the inelusion
of one manager unit in projects witt~ 16 or more apartments The second manager unit,
however, should be mcluded in the market-rate average number of bedrooms calculatians,
4
as this ur~i# is cans~dered to be a dwelling unit as def~ned by SMMC Chapter 9 28
Based on the current proposal for 349 units, wh~ch excludes the deed restncted model un~t
and one manager unit, the mix of affordable ~s market rate units is calculated as followed
Number of affordabie urnts requ~red
349 x 30 = 104 7 units
Any fraction of 0 3 or more ~s rounded up #o the nearest whale number, therefore
105 units are required 52 of these units must be moderate ~ncome and provided
on-site, the remammg 53 may be r~ivided between on-site i~ausing and the payment
of an in-lieu fee
2 Averaae number of bedraoms required
Average number of bedraams provfded for market rate units
136 1-bd units (13fi bds}
97 2-bd unEts (194 bds}
19 3-bd units ( ~7 bds)
252 units 387 bds
387 bds/252 units = 1 53 Average Number of Bedrooms
Average number of bedrooms pro~ided for affordable units
52 1-bd units (52 bds}
45 2-bd units l90 bdsl
97 units 142 bds
142 bds197 units = 1 46 Average Number of Bedroflms
SMMC Chapter 9 28 requires that inclusianary units pro~ided shafl have at least the
same number of bedrooms as the average dwelling unit in the protect As
propased, the affordable un~t a~erage cs 1 46 bedrooms, and tF~e market rate
average is 1~3 bedraoms Therefore, as proposed the pro~ect does not meet the
requirements In addition, based on 105 required afFordable units, 52 moderate
~ncome un~ts need ta be pra~~ded on-s~te Th~ plans on file show 52 o~-site ~n~ts
Staff mamta~ns that the number o~ affordable ur~its pro~~ded for the pra~ect are govemed
5
by the terms of the De~elopment Agreement, which mco~porates the requirements ~f
SMMC Ghapter 9 28 T~erefore, the pro~ect should be mod~fied to meet the City's
affardable housing requirements as required by t~e existing pro~ect approvals
Off-Site and On-S~te Im~rovements
The appeal requests that certain off-site ampro~emer~t and ort-s~te water meter issues be
clar4fied in the conditions of appro~al The final appro~als granted by the Planning
Commission were revised to allow the Director of Er~~ironmental ar~d Public Warks
Management to mociafy conditions af the pro~ect to allow for substitute improvaments as
permitter~ under Section 6-C and Exh~bit D of tF~e Deve4opment Agreement Therefore,
Staff believes that the issues regardmg off-site impro~ements and water meters ha~e been
resol~ed
ANALYSIS OF THIRD AMENDMENT TO DEVEL~PMENT AGREEMENT
The proposed se~en story, 35'~ -unat apartment pro~ect ~n+ith ground floor retail, one le~el
of subterranean parking, seven levels of above-grade parking, and ane level of raoftop
parking would be located withm both the Colorada Avenue and ~lympic Boulevard zones
The Colorado Avenue Zane allflws a maximum five floors, with an overall height lamit of
70 feet The Olympic Boulevard Zor~e allows a maximum six floors with an overall height
limit of 84 ~eet The Second Amendment to the Development Agreement states that no
building may have a bu~lding height m excess of eighty four (84) feet or ha~e mare than
six stones The proposed 5tructure is within the 70-foot and 84-foot height lim~ts, hawe~er,
6
~t exceeds the number of allowable stories
The Third Amendment will not alter the overall heig~t limits s~t fort~ in the Development
Agreement Furthermore, ha~ing no limitation on the number of stor~es of multi-family
res~dential devefopment (as long as the pro~ect meets the overall building height
limitations~ is consistent with existing Zonmg Ordinance provisions t~at do not limit the
number of sto~ies for developments wEth at least one floor of residential use, provided the
maximum height limit is not exceeded By allowing this amendment, the number of
housing units b~iEt would be maximized and still remain withEn the overall heigftt. building
enveEope, and square footage allocatians permitted under the Developmen# Agreement
GENERAL PLAN COMPLIANCE
Pursuant to State law, de~elopment author~zed pursuant to a development agreement must
be in comp~~ance with tt~e General Plan The proposed amendment would not change th~
de~elopment parameters af the approved Development Agreement {e g square footage
allowances for each use, open space requirements, building heights, and allowable
densities), and would fac~litate cor~struction of residential units on the site This is
consistent with Policy 1 10 2 of the Land Use and Circulat~on Element (LUCE), which
states that the City shall "allow res~dential use in all commercial distncts " Policy 1 2 1
further states that the City shaii "encourage resEdential mixed use of appropriate
commercially zoned parcels in order to prvvide a better transit~on between commercial and
ad~acent resEdential uses, to enhance secunty, and to increase the hours of use of
~
metropolitan ar~eas " Additionally, Policy 1 1 D 2 states that the City shall allow resEdential
usE in all comm~rcial districts with mtensEty go~erned by the applicabfe Floar Area Rat~o
(FAR} and height star~dards
CEQA COMPLIANCE
En~ironmer~taf Impact Reports were previous~y prepared and certifaed for both the Origmal
De~elopmer~t Agreement and Seco~d Amendment to the Development Agreement No
furt~er enviro~mental analysis is necessary, as the proposed development is consistent
with the aRternati~es exammed m the EIR fior the Second Amendment to the De~elopment
Agreement which was certified by #~e C~ty Counc~l on January 24, 9 995
PUBLIC NOTIFICATION
Pursuant to the Municipai Code, t~e applicant posted a sign on the property regarding the
ap~lication In addition, notice of the publac hear~ng was mailed to all owners and
resident~al and commercial tenants of property 4ocated within a 500' radius af the pro~ect
at least ten consecutive calendar days prior to the Planning Commission and Council
hearings
BUDGETlFINANCIAL IMPACT
The recommendation presented in this report would not have a budgetlfinancial impaet
s
W~th regard ta Appeal 97-016, the mix of affordable units presented by the appi~cant in
their appeal statement, as well as their subsequent letters dated Se~tember 24, 1997 a~d
Octo~er 20, 1997 do not meet the requirements of the C~ty's Inclusionary Housjng
Ordinance (SMMC Chapter 9 28), and there~are the pro~ect plans should be modified
accordingly prEOr to issuance of buildmg perm~ts as provided for in Condition 19 of the
Plannmg Comm~ssion approval With regard to the on-sate water meter and off-site
m~tigat~on issues, these have been resalved through the Plann~ng Commission appravals
far the proleet by ad~owmg the D~rector of EPWN! drscretron to mod~fy certa~n cond~tiorrs ~r~
accordance w~th Sect~on 6-C and Exhib~t D of #he De~eiopmer~t Agreement
The proposed Tl~ird Amendment wauld eE~mEnate the IimFtation an the Devel~pment
Agreement on the maximum number of floors whECh may ~e develaped on the property for
muftifamily residenttaE hausing and assoctated above-grade parking structures, provided
those structures comply w~th the appl~cable limits or~ bu~ldmg height, buildmg volume
envelope, floor area, and floor area ratio Appro~al of this Third Amendment would not m
any way alter the bu~ld~ng heights, building volume enve~ope, maximum allowable square
footage, or floar area ratia limits imposed by the DeveEopment Agreement The Ti~ird
Amendment wau~d facilitate construction af multi-family housing (mcluding mclusaonary
housing) on tF~e site without affectmg the o~erall building en~elape restrictions imposed
~ay the Development Agreement
9
RECOMMENDATION
It is respectfully recommended that the Council deny Appeal 97-014, and uphold the
Plannmg Commission approval of Development Review Permit 97-001, with the ~ndings
and conditions aktached ta this Staff Report, and mtroduce for first reading the attached
Ordinance appro~~ng a Thard Amendment to the existing Arbo~etum Development
Agreemer~t based on the follawing fmdi~gs
FINDINGS FOR DEVELOPMENT REVIEW 97-001
The placement of the proposed multi-fam~ly residential development w~th ground
floor retail use on the Real Property and the focation of the proposed uses (multi-
family residential and commerciallretad} with~n the build~ng are compatible w~th, and
relate harmoniousfy to, surrounding sites ar~d neEghborhoods in that cons~deration
was g~ven to the sit~ng af the bu~ld~ngs to pro~~de adequate bufFer~ng between uses
such as tf~e residential and shoppmg components. and the office and residential
components Uses surrounding the enttre pro~ect site rnclude industnal, religiaus.
and off~ce (including the Department af Motor Vehicfes} to the north, an office
de~elopment #o the east (the Water Garden), office and ind~strial uses to the south,
and office uses to the west Gi~en the mix of uses on the sfte and in the
surrounding ne~ghborhood, the large setback areas between the buildings and the
streets, and the massing of the structures both on the site and surrounding the site
~which range from single story bu~idmgs to six stories }, the proposed uses and
siting are compatible wath those which are existing
2 The access pomts and internal circulation plan are adequate to accommodate
anticipated automobEle ar~d pedestrian traffic for the proposed building tn that the
Coforado parking access has received preliminary approval, and is sub~ect to final
review and approva! by the City's Parking and TraffEC Engineer, and the s~te plan
demonstrates that tf~e commercial frontage along Colorado Avenue encourages
pedestrian acki~ity, especEal~y from the Arboretum residential and affice use
components, and that the inter~or courtyard spaces encourages pedestrran acti~aty
for residents on the sit~ by providmg semi-pr~vate recreationa! open space, as well
as a means to access the c[ubhouse and reta~l port~ons of the s~te
3 The building height does ~ok exceed that permitted by Section 9(b) of the
De~efopment Agreement ~n tt~at the building camplies with t~e 84 foot height I~mit
in the 4lympic Bou~e~ard Zone, and the 70 foot height limit of the Colorado Avenue
~o
Zone, w~th the excaption af architectural features such as parapet wafls, rail~ngs,
and vertical design pro~ects, which shall be required to comply wjtF~ req~ired
buildmg he~ghts prior to submittal to the Arch~fectural Review Board for review
4 T~e set~ack requirements of 5ectian 9(d) of the Development Agreement are
complied with for the proposed bu~id~ng ~n that the buflding meets the mmimum 20-
foot setback base line reqwrement ~n the setback ranges from 40 to 42 feet from the
curbline (and 23 feet from the property Ime) on th~ Calorado frontage, and ranges
from approximateiy 55 feet to approximately 90 feet from #he curblme ~and 20 feet
from the property line) aCo~g the Olympic frontage where tF~e property abuts tF~e
railroad right of way
5 The proposed bui[dmg complies with the Building Volume Envelope restr~ctior~ of
section 9~e) of the Development Agreement in that the maximum height of the
build~ng on the Colorado and Olymp~c frontages ~s oWer 57 feet, and is set back a
minimum of 40 feet from the curb ~ine aiang bot~ frontages
6 The number of park~ng spaces required by Section 9~f} and Ex~ibit C of the
Development Agreement are bemg pro~~ded in that 664 spaces (maximum 266
compact) are required and 753 spaces ~maximum 301 campact) are proposed
7 The aggregate floor area sq~are footage for each use on the Real Property in all
buildings previousiy approved under Section 9(1 } of #he Developmer~t Agreement.
and that being proposed, complies with Sectian 9(g) and 9(z) of the De~elopment
Agreement with res}~ect to the last bu~lding ta be submitted for review in that the
praposed a~ailable Flaor Area Sguare Footage (FASF} f~r multEfamily residential
hausing ~s 419,997 square feet, and the propased pro~ect has a FASF of 285,492
square feet, which is less than the 419,997 FASF remain~ng avaflable for
de~elopmant for off~ce and oth~r uses
8 The Iot coverage will no# exceed t~e maximum 50% permatted for tf~e snt~re pro~ect
m that the sum of all proJects approved and proposed for t~e entire Arboretum site,
including the sub~ect pro~ect, w~ll result in lot co~erage of 38%, w~th a building
footprint total af 200,006 square ~eet, which is under the maximum permitted
28'~ ,214 square feet
9 The placemer~t of each use on the PropErty is compatible with, and relates
harmonaously to, al~ ot~er uses on the Praperty in that the proposec~ building ~s
de~eloped m accordance wath the de~elopment standards and permitted uses set
forth m the Deveiopment Agreement, and that the sitmg of the residential building
relates harmoniously to the ex~sting and proposed developments on the Arboretum
site m that the pro~ect is bounded by an approved office building and proposed
office building an the west side, and a praposed office buGfding on the east s~de
The bu~ldmg materials consist of stucco with articulated planes echomg the design
1~
details a~d articulation of the Ralph's market on the de~eiopment site Wh~le the
building designs are dafferent, the matenals used are mtended to providE harmony
and a consrster~t color scheme for all buildings on the site
9 0 The design of the building is pedestrian-oriented and relates harmoniously to the
surroundmg sidewalks and streets in that pedestrian traffic ~s facilitated by prov~ding
direct access #o the retail uses from the public sidewalk, the bu~fding design
provides the ab~lity to incorporate outdoor seating at the street frontage, and the
inclus~on of ground floor neighborhood serving retail uses wiil enhance pedestrian
activity on Colorado Avenue In addition, landscaped areas between the building
ar~d the s~dewalk include planters, and extensive paved areas punctuated by
planters f~lled with trees, shrubs and fl~wers These design features create a
pedestr~an feel and help to enhance a ~isuafly harmonious relationship with the
surroundirtg sEdewalks and streets
11 The design of sefback and open space areas visible from the public sidewalks and
streets features design elements which enhance and encaurage ~isual connection
with the public streetscape and the Property in t~at the setback along the Colorado
A~enue fron#age ranges from 40 to 42 feet, and setbacks along Olympic Boulevard
range from 55 to 90 feet Due to these generous setbacks, the v~ewer's eye is
p~lled in from the public sidewalks ta ample public gathering spaces and
ne~ghborhood servmg retail spaces In addition, paved areas along the bu~ld~ng
frontage include planters filled with flowers, trees, and shrut~s, whfch also er~hance
the building desGgn at the pedestrian level
~ 2 Appropriate internal pedestrian circulatEOn between re~ated bu~ldmgs exists m that
internal courtyard areas can be accessed by residents fram se~era! paints alortg
mterior haliways or through the clubhouse, that landscap~d and pa~ed ar~as
surrounding the build~ng are accessible by sidewalks and grass areas arour~d the
perime#er of the sate, and that walkways around the building perimeter enabie
pedestrians to move ~nternal~y through thE b~ack
CONDITIONS FOR DEVELOPMENT REVIEW 97-001
Condit~ons
1 T~e appl~cant shall pro~ide fund~ng En an amount not exceed $7~,000 for the des~gn
and mstallat~or~ of updated mtersection signal equrpment as park of the City's
centralized computer s~gnaE control system for the ~ntersect~on of 20th Street and
Broadway This will inclucie a new signal controller, new signal poles, mast arms,
signal head and interconnect as determmed appropnate by the C~ty's Traff~c and
Parkir~g Engmeer Notwitt~standmg the foregaing however, the applicant shall, in
accordance with the Develo~ment Agreement, be entitled to request preparation of
additional environmental analyses, at the appl~cant's expense, to determine whether
12
a proposed development scenario wh~ch dtffers from a development scenario which
was studied in the Environmental Impact Reports prepared for the proJect would,
in fact, create a s~gn~fcant en~ironmental impact on thas mtersection wF~en
compared to the ~mpact wh~ch would have been created by the uses perm~tted rn
the Development Agreement and identified ~n the Final EIR relating to Amendment
Number Two as the "exist~ng Develapme~t Agreement " 1f the applicant makes
such a request and submits the necessary funds to pay for such addit~onal
er~vironmental analyses, the City shall cause sucF~ add~taonal environmental
analyses to be prepared and circulated for public comment to the extent required
under the California En~ironmental Qual~ty Ac# If such additional environmental
analyses are prepared, they shafk be presen#ed to the Plann~ng Comm~ss~an f~r
review and the applicant shall be required to mEt~gate those signEficant ad~erse
er~vironmenta~ ~mpacts, ~f any, wh~ch the Planning Commission, or the City Council
on appeal, finds are pra~ected to result from such proposed development scenario
which would not be pro~ected to have resulted from the "existing Development
Agreement" In arder to ensure the improvements are completed, pr~ar to building
permit issuance a cashEer's check or cash deposit m escrow fram the applicant in
the amount of $75,OOQ shall be required Any cost sa~mgs will be reambursed to
developer upon campletiar~ of improvements
The Department of Environmental and Publ~c Works Management may modify this
condition in accordance w~th the standards set forth ~n Sect~on 6-C of tt~e
De~efopment Agreement regarding pro~ect phasing or Exhibit D of the Development
Agreement regarding substitute impro~ements
2 Exterior walis and roofs shall be finished with i~ght-colored materials with high
emissi~~ty charactenstics to reduce cool~ng loads Inter~or walls shall be finished
w~th light-colored materials, except where dark colors are preferable for aesthet~c
effect, to reflect mare light and tF~~s ~ncrease lighting efFiciency A performance
check of the installed space candition~ng sha~l be campleted by the
developerlEnstaller priar to issuance of a certificate of occupancy to ensure that
energy-effic~ency measures incorporated into the pro~ect operate as des~gned
Heat-reflectiWe draperies or other cavering shall bE installed on appropriate
exposures Built-in appliances, refrEgerators and space-cond~tion~ng equipmer~t
shall exceed the minimum efficier~cy levels mandated in the CaEifornia Code of
Regulations The applicant shali consult wit~ the Southern California Edison
Campany and the Southern Cal~fomia Gas Company regarding any other feas~ble
energy conservation measures that co~ld be incorporated ~nto the design of the
Pro~ect
3 The appf~cant shall comply with tfi~e appl~cable ~ro~isions of Noise Ordi~ance No
1638 (GCS) of the Santa Monica MunECipal Code and wit~ the CEty of Santa Monica
Construct~on Hours Ordmance The appl~cant shall enter into a co~struction
m~tigation plan with the City in accordance w~th customary City policies pnor to
13
issuance of a building permit
4 Ta man4mize excessive Nght and glare, building exteraars shall util~ze low reflectance
matenals Mirrored glass and ot~er highEy reflective building materials shall not be
utiEized on the exterior of buildmgs Aff outdoor lightmg other thar~ identification
signage shall be directed fram the perimeter of the property toward b~ildings and
parkmg areas util~zing cut-off fixtures to prevent nighttime illumination to sp~ll onto
ad~acent propert~es and res~dent~al uses on-sit~ Exterior building courts and
corridor illumanatmg shall be designed to min~mize intrusive glare on ad~acent land
uses Low le~el secunty f ights shall be used along driveway entrances Plant
materials, shade structures and other archGtectural design features shai~ be used,
where apprapriate, to decrease reflectivity of hardscape and I~ght and glare toward
ad~acent land uses
5 The pro~ect sf~all comply with Ord~nance 1~06 (CCS), the Spr~nkler Ordinance, to
ensure adequate fire pre~ention in non-residential structures
6 Attempts shall be made no# to obstruct any of the surrounding streets during the
construction period All construct~on equ~pment and matenals shall be kept on the
pro~ect site to avoEd obstructEOn of traffic circulation, especially dunng traffic peak
hours As required by the City of Santa Monica Fire Department, access far fire
equipment shall be maintained during construction
7 The app~acant shall work with the Police and F~re Departments of the City on
building/complex design ta assist w~th emergency access to the site and on facility
design in terms af "target harder~irtg" against cr~m~nal activity far both residential
and commercial design Entryways, elevators, IobbEes and parking areas shall be
well-illuminated and designed with mmGmum deacE space to eliminate areas of
concealment
8 The Pro~ect shafi comply w~th tt~e City's No Water Waste Ordmance (No 1527} ar~d
Ordinance No 1~13, to the extent such ord~nances are appl~cable to pro}ects of
comparable type and size E~cient irrigation systems shali be installed to mir~imize
runoff and evaporat~on and maximize the proportion of water available for use by
plant materials in landscaped areas Water conserving landscapmg ut~liz~ng drip
irrigation and appropnate mulching to retain sail moisture to the soil shall be used
in all common areas and enco~araged elsewhere within the Pro~ect If avaGlable to
the Pro~ect, reclarmed water shall be ut~l~zed as a source ta irr4gate large
fandscaped areas Drougf~t-tolerant, low water consuming plan vaneties shall be
used on site to reduce irngation water consump#ion None of the foregoing shall be
applicable to the e~ctent that Pro~ect ut~l~zes #he ex~sting water treatment plant
iocated on the Property to obtain water for ~rrigat~on
The Department of Environmental and Public Works Management may modify this
14
condition in accordance with the standards set forth ~n Section 6-C of the
Qevelopment Agreement regarding pro~ect phasing or Exhibit D of the De~elapmer~t
Agreement regard~ng substa#ute improvements
9 Information shall be provided to residents and employees of the pro~ect by applicant
about the recyclGng services ~n the area Buy back centers and possible markets
far recyclables in the area shall be identified Recycling glass, metal, paper,
cardboard and other materfafs to the maximum extent feasible shall be suggested
to residents and business Adequate space shall be provided per currer~t C~ty
specGftcations for on-site trash and recyclabie collectionlseparation
10 Pr~or to issuance of a building perm~t for the pro~ect, The appl~cant shall submit an
analysis to the Ci#y's Qepartment ofi Environmental and Public Works Management
demonstratmg that the design of t~e proposed struct~re(s) wiff result m a ten
percent energy effic~ency increase o~er the life of t~e structure(s) above the
reqwrements of Title 24 of the Califiomia Bwldmg Code, to the extent such increase
can be implemented on a cost-effective t~asis measured over th~ 1~#e cycle of the
struc#ure(s}
11 Pnor to the issuance af any demolitian permit with respect to de~elo~ment on the
Property, the applicant shalk file a demolition materials recycling plan for approval
by the Department of Enviror~mental and Public Works Management which seeks
to maximize the reuselrecyc~ir~g of existing b~ilding materials Prior to the iss~ar~ce
of any building permEts with res~ect to deveiopment on the Praperty, a construction
mater~als plan sha11 be fi(ed for the approvaE of the Department of Environmental
and Public Works Management which saeks to maximize the reuse/recycling of
construction waste, and to maximize the use of the recycled and env~ronmentally
superior building materials
12 The applicant shall pay the City's applicab[e sewer connection fee subJect to the
following requirements
a To the e~ctent wastewater from #~aor area of new constructEon of th~
property is treated at an on-site sewage treatment system and recirculated
for use in landscaping, decorative water features andJor flushmg of to~lets
and unnals ~m each case, whether an-s~te or off-site), the applicant shall
pay a sewer connection fee of ten percent (~ 0%) of the general ly
ap~licable sewer connection fee for such floor area pnor to building perm~t
~ssuance
b To the extent wastewater from floor area in new canstruction of the
praperty is used for multifamily residential housing (whether or not used for
commercial purposes}, or other uses other than General Commerciaf
Office is not treated at an on-site sewage treatment system, the applicant
~5
shall pay the general~y applicable sewer connection fee for s~ch floor area
prior to building permit issuance
The Department of Environmental and Pubiic Works Manag~ment may mod~~y
th~s condition m accordance with the s#andards set fflrth in 5ect~on 6-C of the
Development Agreement regarding pro~ect pi~asmg or Exh~bit D of tF~e
Development Agreement regarding substitute impro~ements
13 AIE drainage from the property must drain to the one or more of the public
streets bounding the praperty or directiy into a public storm drainage system
in a manner approved by the Department of Environmental and Public Wo~ks
Management No surface drainage may be discharged onto abutt~ng
propert~es
~4 Aray item perm~tted by the Cit~s Zornng Code, as it may exist from t~me ta time.
to pro~ect into ar~y required yard shall be permitted to pro~ect into the required
setbacks set ~orth rr~ Sect~on 9(~i) ot the Developmer~t Agr-eement and tt~e
required "BuG~ding Vo1~me Envelape" standards of Sectian 9(e) of the
De~elopment Agreemer~t All such pro~ections shall be ignored ~n det~rmining
compl~ance w~th SectEOn 9~c) of the Development Agreement As af tt~e date
of this Seeond Amendment, those permitted pro~ectians are set forth in Section
9 04 10 01 180 of the Mun~cipal Code
15 The following standards shall ap~iy to the des~gn of all solar er~ergy systems
~a} Roof-mo~nted solar collectors shall be placed ~n thE IocatGOr~ least visible
from a public right-of-way w~t~out reducing the operating efficiency of the
coflectors ~/Vaff-mounted a~d ground-mounted solar coffectors shal{ be
screened from public view
~b} Wher~ feasible, collectors shall be mtegrated ~nto the des~gn of the bu~lding
Structural support for the coll~ctors s~all be screened in a manner that is
compatible with the design of the buildGng
{c} Appur#enant eqwpment, particularly plumbing and related fixtures, shaEl be
installed in an att~c or basement, where feasible
(d) Large accesso~ fi~ctures w~ic~ must b~ exposed (e g, storage tanks) shali
be screened where possible thraug~ architectural feat~ares that harmon~ze w~th
ather des~gn elements of the structure
(e) Sto~age tanks shall not be Iocated ~n any requ~red frant ar side yards, nor
shall they be visible from any public r~ght-of-way
16
(~ Exterior surFaces shall have a matte fm~sh and shall be color-coord~nated
to harmonize w~th roof materials or ather dom~na~t calors of the structure
(g) Any pool or spa facilities sY~all be provided with a solar co~er or satar water
heating system
16 M~scellaneous Desiar~ Reauirements
(a) Every use shall be so operated that any significant, direct glare incidenta!
to the operation af the use shall not be visible beyand the ~oundanes af
the property
(b) All s~gns on the premises shall comply w~th t~e pro~ksions of Ghapter 9 52
of the City's Mun~cipal Code
(c) All commercial uses shall be so ape~ated as not to produce hum~dity, heat,
or co{d which is readily detec#able by persons without instruments on
ad~acer~t parcels or rights-of-way
(d) All commercial uses shall t~e so operated that no loudspeaicers, bells,
gongs, buzzers, or other no~se attention or attracting de~ices exceed 45
decibels at any one time beyond the boundar~es of the property
(e) No safes, rentals, long-term storage, repair work, dismantling, or ser~icmg
of any motor ve~~cle, trailer, airplane, boat, loase rub~ish, garbage, ~unk,
or their receptacles, or building materials shall be permittEd on the
praperty
~f} Building maker~als for use on the property may be stored on the property
during the time that a valid building permit Es in effect for construction on
the prope~ty
(g) Na commerc4al use shaa~ eause a steady-state earth-borne oscillation
which ~s cantinuous and occurrmg mare frequently tha~ 1~0 times per
minute The graund vEbratian caused by mov~ng vehacles, trams, aircraft,
ar temparary construction or demolitio~ is exempted #rom thes~ limits
(h) The pecfestrian entry to the structure shall be located on one level,
separated ~y boElards from the auta driveway, a~d differ~nt~ated #rom the
auto dri~~way t~rough the use of textured pavement or otF~er materials,
sub~ect to revEew and approval by the Architectural Re~iew Board
{i) The Architectural Re~iew Board shall pay part~cular consaderation to the
building art~cuiation and parapet roof design to ensure ber~e#icial
i~
simplifica#ion and refinement of the o~erall building design
17 No pipelme shall be built, faid or maintamed on the property For purposes o#
this Sect~an, "pipelme° mcludes all real estate, fixtures and personal property
owned, car~trolled, operated or mar~aged m cannection with or to facilitate the
transm~ssEon, storage, distnbution or deli~ery of crude oil or other flukd
substance throug~ pipelmes, pro~ided, however, that this Section does not
appiy #o
(1) Any pipeline used for the deli~ery of water or the rem~~al of sewage
(2} Any pipelme ~sed for the delivery of natural gas
{3} Any pipeline located exclusively on t~e property and used in
connect~on with any fawful activity thereon
1 S Upon exec~t~an of the De~elopment Agreemeni, Property Owr~er's
predecessor-rn-interest paid to the City the sum of $2,2Q0,000 The City and
Pro~erty Owner mutually agree that this sum const~tutes an initial advance
payment by Property Owner of the Housing and Parks Fee and Affordable
Housing Fee pursuant to Sections 12(a} and 12(c} of Amenciment #2
Accordingly, in calculatang the amount of Housing and Parks Fee and/or
Affordable Housing Fee to be paid under Section 12~a) and 12(c) Property
Owner shall be entitled to a dollar-for-dollar cred~t m the amount of such
advance payment
19 Pnor to issuance of bwlding permits, the City shali verafy that afforcfable
housmg requi~ements are pro~ided in accordance with SMMC Cha~ter 9 2$
The number of affordabfe housing unEts prov~ded shall comply with the
standard Ci#y ~nterpretakion af that chapter Amenitkes provided for the
inclus~onary (affordable-rate) units shall be t~e same as thase pro~ided for the
market rate units, with the exception of num~er of bathrooms
20 The areas designated an the Zone Diagram as `ColoradolTwer~tieth Pfaza',
'GoloradolCEo~erfield Plaza', and `OEympiclCloverfield Gateway' shall be
de~eloped and used #or ~ublic viewshec! purposes (the 'Open Space'} The
Open Space shall consist of an aggregate of at least 40,D00 square feet Of
this 40,OOQ square feet, the Colorado/Clover~ield Plaza shall ha~e a rninimum
of 3,000 square feet af Open Space The applicant shall cooperate with alE
surround~ng property awners to de~elop a uniform landscape and streetscape
theme The Open Space shal~ at a~i times remain the property of th~ Property
Owner and shall ~e maintamed by Property Owner at its sole cast and
expense A site plan demonstrating compliance shall be a condition of
Architectural Review Board approval and required prior to issuance af buEfding
ss
permit Olymp~clCfo~erField gateway has been iandscape in accardance with
De~elopment Agreement Exhibit D Proof of compliance with the obligation to
coordinate with other property owners re uniform landscapelstreetscape, is
requ~red prior to issuance af build~ng permits
21 The De~elopment Agreement requires that the Prop~rty Owner pledge at least
$2~O,Q00 ta the Santa Manica Arts Foundat~an (the `"Faundat~on"} for th~
acquisition of artwork to be placed in the public areas of the Pro~ect, an Art
Selection Committee be formed consisting of representatives of Property
Owrier, the Santa MonECa Arts Commission ~th~ "Comm~ss~on") and th~
Foundataon, and within one year faliowang the date of the Develo~ment
Agreement appro~al, the Art Selection Comm~ttee, w~th the approval of
Prop~rty Owner, establish a plan consisting of general gu~delines for the type,
siz~, cost and location for various artworks around the Pro~ect To satisfy this
requGrement, $74,500 has been paid with a balance due of $175,500 The
value of the founta~n a# Qlympic and Gla~erfield (Ralph's) shall be calculated
and subtracfed from the balance due In order to ensure compliance with th~s
requirement, a cashier's check or cash deposit m escrflw from the applicant far
any balance due shali be required prior to building permit issuance In
add+tion, establishment of Arts Select~on Comm~ttee to be a cond~tion of all
projects Compliance required before issuance of bu~ld~~g permit
22 The pro~ect shall comply with all pro~isions of California Title 24 E~eTgy
Regulations and s~all include as a mmimum the foliowing features
(a) ~nergy Management $ystem All air condition~ng and ot~er mechanical
equipment and motors will be started and stopped from the system console
and wat~r and air temperatures can be remotely reset The faregoing, Fn
con~unction with remote sensmg of outs~de and inside conditions. will
permit system operation refinements result~ng ~n energy optim~~at~an, and
w~Ei prevent unnecessary energy consumption during business and non-
b~smess hours This system wtli alsa be used to control the use of
I~g~ting
(b) Air Conditionina An ecanomEZer or "free cool~ng" cycle w~ll be used w~~ch
will enable the use of outcfoor air rather than meehanically refrigerated a~r
whenever outside temperature permits Var~abEe ~olume air d~stnbutian
systems will allow air supply quantities to ~e reduced as cool~ng loads
decrease resulting m reduced fan power consumption at reduced loads
Air supply to period~cally unoccupied areas, such as conference rooms,
can be min~mized Low pressure air distnbution systems will be utilized to
minimize fan horsepower Cold plenum temperature at air conditioning
units will be reset automatically to a higher temperature (when a~r
conditions warrant) with resultant energy savmgs
19
(c} L~ahtma High efficiency florescent lamplballast systems will minimize
energy consumption Max~mum provisions #or local light sw~tching will be
pro~ided to permit use of lighting only when space ~s occupied Photo ceff
contro~ of lighting ~n areas where natural illumination could suff~ce w~li be
pro~~ded Exterior and certain aperat~onal lighting will be controlfed from
t~e energy management system to optimize operation and mirnmize energy
consumpt~on Where decor ar function dictate the use of incandescent or
tungsten halide I~ghting, extensive cantrol equipment will be provided to
optimize operatfon and mcrease lamp life
{d) Ofher Ener4~ Considerations High effic~ancy roof and wall insulation as
well as heat absorbing glass will b~ util~z~d to reduce coal,ng and heat~ng
loads All air supply ducts will be insulated to reduce energy losses to non
air cond~troned spaces Hot water pipmg and starage tanks will be fully
i~sulated All toilet fixtures shall #~e "low flow" Sun shading of wir~dows
wEll be ~ncorporated where appropriate to further reduce air condit~oning
requ~rements
Spec~fic condtt~ons regardmg energy conservation requirements from the
Amendment to khe Development Agreement have been mcorporated mto
the proposed Conditions of Approval for this pro~ect
(e) Adiustment for Substitute Technology
(i) The applicant shall be entitled to substitute other energy management
measures in the pro~ect for those described above upon submission of an
application to the City Bu~iding and Safety ~~vision demonstrat~ng to the
Department's reasonable satis~action that sa4d substitution is at least as
energy efficient as the measure it is proposed to replace
(ii) The applicant's application shall state the spec~fic substitut~on being
proposed and attach such plans, specifications and suppartmg materaals
as may be reasonably required by the City Bu~fding and Safety Division to
demanstrate the approprEateness of t~te substitution
23 Col4rado Avenue shall be wfdened by 1 ~ feet on the southerly side to create
two through traff~c lanes eastbound and wes#bound on Colorada Aven~e
between 20t~ Street and Cfo~erfield Boulevard and one contmuous left-turn
lane in the middle of the street Canstruction shall mc[ude
(a) new curb and gutter
(b) all new 8-foot wide s~dewaiks
(c) 8-inches af concrete pa~ement in the street widened portton
(d) 20 foot radius curb returns at t~e 20th and Cloverfield intersect~on
zo
(e) reiocation of ~xisting traffic signals and util~ties
(f} handicapped ramps
(g) corner cut-off easements for a faur-foat clearance at the rear of
each ramp
(h} ~f left turns are proh~b~ted by westbound #raff~c or~ Colorado, mto the
easternmast Access Pomt on Calorado, a median in the continuous
left tum lane sufficientfy long m C~ty's ~udgement to discaurage such
tums shall be pro~ided if such median is required, Property Qwner
may, at ~ts awn expenss and w~th the pnor appraval of the City's
~epartmer~t of Env~ronmental and Public Works Management as to
the number, location and design, place ane or more directional
signs on the median to assist traffic Such sign or sigr~s shall be
subject to appro~al by the City's Department of Environmentaf and
Public Works Management as to the number, iacation ar~d design
shall comply with all applicable C~ty ordinances Construct~on w~ll
also mclude recanstructEan of a portion af the eastbound fast lar~e
with 11 inches of AC pavement and AC o~erlay of the street by heat
re-mix method to the center I~ne, reconstruct~on of existmg storm
dram laterals and re-stripmg of the street Property Owner shall
grant any easement which may be necessary relating to t~e
widened street ar~d the sidewalk
An additional right-turn lane at the eastbound approach to the
Coi~rado Avenue and Clo~erfield intersectian shall be provided
This Eane shall be at least 200 feet m length meas~red fram the
pain# where the 20 foot radius curb retum begins on Colorado to the
poant where such right turn land beEngs and will be added to the
lane referred to in Item No 2 Property Own~r shall grant any
necessary easement for this additional lane and the related 8-foot
s~dewa[~C
in arder to ensure these improvements are completed a
performance band from the applicant ~n an amount to be determined
E~y the Environmental and Public Works Management Department
snall be req~ired before issuance of next buildmg permit for the
overall s~te Completion of the ~mprovements is rec{uired before
issuance of cert~ficate of occupancy for any development on the
s~te
T~e Departmer~t of E~vironmental and Pubi~c Works Management may mod~fy
t~is condition in accordance wit~ the standards set forth ~n Section 6-C of the
De~elapment Agreement regard~~g pro~ect phasang or Exh~bit D of the
Develapment Agreernent regarding substitute impro~em~nts
21
24 Three full lanes for southbound traffic on Cloverfield Baulevard between
Colorado A~enue and OlympEC Baule~ard shall be created by widening
Clo~ertie~d Boulevard 9-112 feet on the wssterly side Construction is to
include
(a) all new 8 foot wide sidewalks, curb and gutter
(b) an 8-inch thick P C C widened section and slurry seal of Cioverfield
Boulevard for the rema~n~ng w~dth
~c) construction of a 20 foot radius at Clo~erfie~d and Olymp4e Boulevards with
new handicapped ramp
(d) relocating existing traff~c signals and utilitres at the intersection
In order to ensure that these improvements are completed a perFormance bond
from the applicant in ar~ amount to be determined by the Enviror~mental and
Public Works Management Department shall be requ~red before issuance of
#he neact buiEding permit for the overall site Completion of these tmprov~ments
+s required before rssuance of cert~f~cate of occupancy for any development ar~
the site
Note in-lieu af above, City offers to accept paym~nt as substitute
impro~ements, per the fast paragraph of Exhibit D of the I]evelopment
Agreement The amount flf payment shall be determined based on public
bidding process Agreement shall be in place pnor to ~ssuance of next buildmg
permit
The Department of Environmental and Public Works Management may modify
this condEtion in accordance wEth the standards set forth in 5ection 6-C of the
Developrnent Agreement regarding pro~ect phas~ng or Exhibit D of the
Deveiopment Agreement rega~dmg substikute ~mprovements
2~ The traffic signal standards, conduits, s~gnal heads and contro!lers for the
intersections of Clo~erfreld with Colarado and Olympic shall be moderr~~zed
Th~e applicant shall be responsible for only ane half of the cost In arder to
ensur~ these improvements are compfeted, a cashier's check or cash deposit
~n escrow from the appl~cant in an amaunt to be determined by t~e Plannmg
and Community Development Department shall be required prior to next
bu~lding permit ~ssuance for the o~erall site Exact fees to be calculateci based
on public bidd~ng process Any cost savings w~~l be re~mbursed to developer
upon completion of improvements
2fi On Olympic Boul~~ard, a convent~onal curb and ar~ ~ 8-mch wide P C C gutter
from the mtersection of Clo~erfield and Olympic to a pomt 210 feet westerly
from such intersectEOn and a convent~onal curb and 30-inch wide P C C gutter
from a point 2~ 0 feet westerly of the ~ntersectian of Olympic and Cloverf~eld to
22
a point m t~e easterly boundary of the railroad r~ght-of-way described m Parcel
6 where it ~ntersects Olympic shall be oonstructed A sidewalk easement at the
bus stop area to al! for a 10-foot parkway and s~dewalk area from the curb face
shall be provided A n~w s~dewalk at the railroad on Olympic crossing o~er
Parcel 6 shall be constructed These improvements sha~l be completed by
December 3~ , 1998 or prior to issuance of certif~cate af occupancy for this
pro~ect
The Department of En~~ronmental and Public Works Manag~ment may modify
th~s condition in accordance with the standards set forth in Section 6-C of the
Development Agreement regarding pro~ect ~hasing or Exhibit D of the
~e~elopment Agreement regarding substitute improvements
27 New street sectaons (8-inch P C C) ar right-turn pockets (150 feet in ]ength) at
each ma~or drEVeway ta the Pro~ect with all necessary sidewalk easemenis shall
be pro~ided Completion requ~red prior to issuance of a cert~ficat~ af
occupar~cy
The Department of Enviror~mental and Public Works Management may modify
this condition ~n accordance with the standards set forth in Section 6-C of the
De~elapment Agreement regarding pro~ect phas~ng or Exh~bit D of ti~e
De~elapment Agreement regarding substitute ~mpro~ements
28 A hydrology study for the site and ad~acent streets ir~ accardanc~ w~th
Env~ronmental and Public Works Management Department guidelines shall be
submitted prior to buildang permit issuance Any work ta be ~ertormed as a
result o# this study w~ll be ~imited to that directly related to impacts of the Pro~ect
on draanage irt tt~e area
The Department of Env~ror~mental and Public Works Managemer~t may mod~fy
this candition 1n accordance w~th the standards set forth m Sectior~ 6-C of the
Developme~t Agreement regarding pro~ect phasing or Exhibit D of the
De~elopment Agreement regarding substitute improvements
29 High pressure sod~um street lighting on the sauth side of Colorada Avenue
from 2ath Street to Clo~erfield, on the west side af Clov~rfield from Colorado
to Olympic, and on the north side of Olympicfrom Claverfield to the east side
of the ra~lroad right-of-way descr~bed ~n Parcel 6 to the intersect~ng of 20th
Street ar~d Calorada shall be designed and canstructed ~ighting design shall
be cons~stent with Colorado Place Phase t and Phase I I under Agreement from
Street Lighting Installation and Maintenance between Colorado Place ~imited
and the City of Santa Monica dated May 31, 1983 Complefion of that port~ar~
ad~acent to the pro~ect shail be completed pnor tp cert~ficat~ of occupancy
23
Ir~-lieu of design and construction of these improvements, the City offers to
accept payment for the port~an on Clovertield ad~acent tv the Pro~ect
Construct~on or payment shail be determined prior to building permit issuance
The amour~t o~ payment shaEl be determmed based an public biddGng process
The Department of Environmental ar~d P~blic Works Management may modify
this condition m accordance w~th the standards set forth in Sect~on 6-C of #F~e
Development Agreement regarding pro~ect phasing or Exhibit D of tF~e
De~elopment Agreement regarding substitute improvements
30 Street trees shall be pro~ided and ~nstalled at the following locations
ta) 20th Street from the nortF~erly boundary of the railroad r~ght-of-way
descnbed in Parcel 6 to Colarado Avenue (Sony)
~b) Calorado from 20th Street to Clovert~eld (Sony, Co~rtyard, L~ncol~ and
Gateway)
(c) Clo~erfield fram Colorado to Olympic ~Gateway and Ralph's)
(d) Olympic from Claverfield to the easterly baundary of the railroad right-of-
way described in Parcel 6(Ralph's)
Type, spacEng and planting specit~cations shall be approved by the
Architectural Review Board and s~ab~ect to the re~iew and appro~al of the
Director of Community and Cultural Serv~ces Installation for that portion
ad~acent to the Pro~ect shal! be compl~ted prior to certificate of oecupancy
in-lieu of prov~sior~ and E~stallation o# street trees, the City offers to accept
payment for the portian on Clo~erfield ad~acent to the Pro~ect as substitute
improvements, per the last paragraph of Exhib~t D o~ tk~e De~elopment
Agreement Construction or payment shall be determined prior to build~ng
perm~t Essuance The amout~t ta be determ~ned based on public bEdd~ng
process
The Departmen# of Enviro~mental and Public Works Managemen# may modify
th~s cond~tion ~n accordance with the standards set fo~th m Section 6-C o# the
De~efapment Agreement regardrng pra~ect phasing or Exhibit D of t~e
Develapment Agreement regardfng substitute impro~emer~ts
31 When requ~red by the Engmeenng Di~ision, s~onr~g plans, shalf be submitted
for review and approval pr~or to bu~idmg permit ~ssuanee The fee far tiebacks
in the public right-of-way of $150 per tieback or sold~er beam encroaching in
the street rigF~k-af-way shall be paid prior to building permit issuance
The Department of Enviror~mental and Public Works Management may modify
this conditian m accordance w~th the stan~ards set farth in Sectior~ 6-C of the
24
Devefapment Agreement regard~ng pro~ect phasmg or Exhibit D of t~e
Development Agreement regardmg subst~tute ~mprovemenfs
32 In-lieu of the water connect~on fees for botf~ domestic and fire protection
services, the applicant shall ~nstaii a 14-inch water fine from 19th Street io
Clo~erfield on Oiympic and a 12-~nch water Ime on 20th Street between
Colorado and Olymp~c These wat~r f~nes will provide the requ~red fire service
for the Pro~ect installation will mclude fire hydrants as requ~red by the Fire
Qepartment, a 12 x 12 tee on Colorada at 20th Street and a 14 x 12 cross on
Clo~erfield at Olympic w~th a tie-in af the existrng lines on Olympic to the new
imes Work to be done m accordance with Santa Monica standards Because
the new water lir~es ta be installed wil! benefit propert~es other than the Real
Praperty, the City wi[I re~mburse the appl~cant for a pro rata portion of the cost
of such installatian, which reimbursement shall not be required until CEfy
collects apprapriate fees from subsequent developments on Real Property
benefitt~ng fram s~ch installation Design plans must be approved by the C~ty,
and that port~on of t~e ~4-mch water ma~n wh~ch crosses Cloverfie~d, must be
installed prior to October 1997 The remainder of line must be installed prior
to issuance of building permit
Th~ Department of Environmental and Public Works Management may modify
this cond~tion m accordance wEth the standards set forth in Section 6-C of the
Development Agreement regarding pro~ect phasing or Exhib~t D of the
DeWelopment Agreemer~t regarding subst~tute improvements
33 Any f~ature request for the on-site sale and consumption of alcoholic beverages
shall require the appro~al af a Condit~onaf Use Permit pursuant ta Sec#~on 21
of Development Agreement Amendment #2
34 All new construction shall be develaped in compfEance with the pro~~sions af
Santa Monica Municipal Cade Chapters 7 10 and 8 04 and any other
construction related technical codes adopted by the C~ty and generaily
appi~cable to similar pro~ects developed ~n the City ~"Techn-cal Codes") which
are an effect at the time of iss~anee of a building permit for such new
construction
3~ All mechanical equipmEnt that extends more than 12-inches abo~e the roof
parapet shall be screened from view Eqwpment shalf be screer~ed ~rom a
horizontal plane on all sides with an impact resistant waii
3fi The following uses shall be permitted outside of an enclosed build~ng on the
property
(1) Patio tables, chairs, umbrellas, and similar outdoor accessories usEd m
conr~ection with a restaurant
25
(2) Vend~ng mach~nes, ~ncluding weigh~ng scales, when accessory to a
busmess conducted within a building
{3y Border mafEriats, ffawer pats, treliises and fhe like
{4) Outdoor newsstands
37 Fences, walis or opaque hedges shall not exceed forty-twa inches in height
when located in the rec~u~red setback, except for the fencing located along the
4lympic Boulevard frontage and along the sideyards, where the fence shall
ha~e ar~ opert design, and the maximum allowable height shall be 72 inches
Fer~ce, wali or hedge hergf~t shall be measured from the existmg grade ln a!i
cases, the fence, wali or hedge height shall be measured in a contint~um at
each pomt along the fence, wall or hedge Nothmg ~n this Condition shall
restrict the use of plant materials, arbors, treflises or other landscaping ir~ the
requEred setback area so long (1 } as any hedges in excess of forty-two incF~es
heigh~t are nat opaque, and (2) no fer~ce, wall or hedge, tree, planting or other
obstruc~ion abscures or blacks the visibility of dnvers of automobiles entering
or exit~ng arty drrveway, parkrng rot ar other ve~icle accessway or constitutes
an ~nreasonable and unnecessary hazard to persons lawfuffy using an
ad~acent sidewalk, street or other right-of-way
38 One or more refuse containers and recyclmg conta~ners shall be maintamed on
tF~e premises The containers shall be of sufficient capacity and number ta
accommodate the refuse and recyclmg mater~als generated by the uses on the
parcel, m compl~ar~ce w~th gurrlel~nes estak~frshed by the Env~ronmental ar~d
Public Works Management Department All outdoor storage or refuse,
recyclable matenals and other items or material intended to be discarded or
coiiected shall be screened from publ~c view On parcels where refuse a~d
recyclable materials are both stored and collectec~ ad~acent to public nght-of-
way, the refuse and recyclable materials shall be screened from public view on
a least three sides by a solid opaque impact-res~star~t wall nat less than f~ve
feet vr more thar~ e~ght feet ~n he~ght, and on the fourth s~de by a so~Fd opaque
impact-resis#ant gate not less t~an five feet or more than eight feet in height.
or of other such mater~al or des~gn approved by the Architectural Rev~ew
Board T~e gate shall be mainta4ned ~n work~ng order and shall remain closed
except during such times a refuse, recyclable materaals ar~d other such items
are bejng discarded, placed for collection, ar collected All refuse and
recyclable materials which are stored and coEiected from the same locat~on out
af doors shall be stored nof more than ten feet form #he praperty line wh~ch is
cioses# to the refuse collection point
39 The Directo~ of the Environmental and Public Works Management Departmer~t
shall requ~re the design ar~d placement of a refuse and recyclmg room or
outdoor enclosure to pravide adequate and accessible areas for the storage
26
and collection of refuse and recyclable matarials The residentia! unEts shall
be provided with refuse and recyclmg starage containers which are separate
from thase used by nor~-res~dential uses on fF~e Property The containers shaf[
be clearly marked as be~ng residential use only and their use by any non-
residential use shall be prahibited
40 In any new restaurant on tF~e Property an air f4ltration and ventilation system
shall be pro~ided
41 The Pro~ect, mcluding all ~pen Space shall be accessible to handicapped
persons
42 The applicani sha~l be required ta obtain Architectural Revtew Board appravai
prior to issuance of a building permit Architectural ReWiew Board review shal!
be limited to t#~e scope of reviewed allowed in the Municipal Cade and shail be
sub~ect to the cfevelopment rights granted to t~e Property Owner pursuant ta
the Davelopmer~t Agreement
43 Civil Engmeering plans for the ap~al~cant's property shall be prepared to C~ty
standards for all off-site improvements and subm~tted to the dffice of the C~ty
Engmeer for re~~ew and appro~al
The Department of Environmental and Publ~c Works Management may mod~fy
this cor~d~tion ~n accordance wr#h t~e standards set ~orth in Sect~on 6-C of t~e
De~elopment Agreement regarding pro}ect phasing or Exhibit D of the
Development Agreement regarding substEtute improvements
44 The appl~cant shall install a sewage regulating tank, if reasonably deemed
necessary by the En~~ronmental and Public Works Management Department
based upon availablE sewage capaaty and other improvements of suff~cGent
sEZe for the Pro~ect TY~e Environmer~tal and PubJ~c 1Norks Management
Department a~d the a~pl~cant may agree upon substitute impro~ements for any
of the forego~ng which are designed to improve traffic, utility or drainage
conditions related to the Pro~ect so long as t~e totaC cost of such substit~te
~mprovements does not exceed the totai estimated cost of the deleted
requirements, comput~d on the date upor~ w~~ch a contract ~s enterEd ir~to for
th~ subst~tute improvements
The Department of Environmental and P~blic Works Ma~agement may modify
this condit~on in accordance with the standards set forth ~n Section ~-C of the
Development Agreemer~t regarding pro~ect phasing ar Exh~~~t D of the
Development Agreernent regarding substitute improvements
4~ Contammated so~l on Parcei 1 shall b~ removed and dESposed of ~n accordance
27
with all appl~cable laws, ordinances and regulatrans of C~ty and the State of
Cal~fornia pr~or #o issua~ce of a building permit fa~ any build~ng to be built on
Parce! 1
4fi Durmg constructEOn eqwpmer~t eng~nes sha{i be kept in proper tune to reduce
exhaust emissians Such ec~u~pment shall not be operated dunng first or
second stage smag alerts The applicant shall use reasonabie and typical
watering techniques to reduce fugEtive dust durmg canstructEO~
47 Tl~e appiicant shaN operate, contract for, or otherw~se pro~~de pri~ate security
services for the Pro~ect, including the parkir~g garage
48 Automatic sprmk~ers shall be set ta water landscapmg durmg evening and early
morning hours only to reduce excessi~e water requirements due to water loss
by e~aporatton The applicant shall be permitted to ancorporafe water features
~nto the Pro~ect so long as the applicant demonstrates to the sat~sfaetion of the
En~ironmenta6 and Public Works Management ~epartment thak the water loss
fram any such feature is not excessive
49 To the extent feas~ble, the applicant shall maintain a staging area on the Real
Property for use by construction ~ehicles and will design traff~c patterns for
constructEOn vehECles, both on-and-off-site, m order to mmimize impact of
construction activittes on ad~acenk stre~ts The appl~cant st~all cooperate with
#~e City's Enviranmental and Publ~c Works Management Department in order
to develop other mutually acceptable means for minimazmg impact
~0 The applicant shall not d~scnmmate agamst any employee or applicant for
employment on the basis o# race, religion or creed, sex, marital status, national
arigm, sexual orientation or physical handicap ar~d shall cause a similar
pro~ision to be it~serted in any contract for work entered mto by the applicant
related to the Pro~ect other than purchase orders for standard cammercial
supplies, materiais or other goods
Sub~ect to the provisions noted above, the applECant w~ll de~elop and submit to
the City for approval prior to the commencement of constructron of the Pro~ect
a suitable affirmative action program for the hiring of labor and the obtainir~g
of mater~a~s during constructior~ refating to employment, upgrading, demotion
ar transfer, recruitment or recru~tment ad~ertismg. lay-off or terminatian, rates
af pay or other forms of compensatian and selection for training, including
apprentECeship Any such plan shall recognize the necessity of complfance
with standard urnon hiring practices and shall not establish quotas of any kind
The applicant shall in all solicitations or ad~ertisements for employees p{aced
by or an behalf of Praperty Owner, sta#e that all qualified applicants will recekve
zs
cons~deration far employment without regard to race, religion ar creed, sex,
marital status, national origm, sexual orientation or physical handicap
51 Prior to builci~ng perm~# issuance, the applicant shall pay to the City $600 ~er
dwelling unit to be used for acquisitions, improvement, and expansion o# public
parks, playground andlor recreatior~ facilities
52 The provasions of Chapter 9 28 of the Santa Monica Municipal Code shall apply
to th~ pro~ect, except that, arrespective of the number of market rate units
mcluded ~n the pro~ect, in-lieu of providmg all units requ~red to be affordable to
low-mcome on-site, the applicant shall be entitied to pay an in-~~eu fee of 50%
of the low ir~oome units on-s~te All umts required to be affordable to moderate-
mcome households shall be provided on-site and the inclusGOnary unit base
price shall be $80,000 per unit, ad~usted for inflation from the effective cfate of
the Amendment, m the manner provided in the Santa Monica Municipaf Code
Section 9 28 070(c) Gn effect on the effecti~e date of Amendment #2 to the
Development Agreement
53 All new construction s~all be de~elaped En compliance with the pro~isions of
Santa Monica Municipal Code Chapters 7 10 and 8 04 and any other
cor~struction related technical codes adapted by the City and generaily
appl~cable to similar pro~ects developed in the City ~"Technical Cades") which
are ~n effect at the time of issuance of a build,ng permit far such new
construct~on
54 A minrm~m of one hundred square feet per unEt of usable comman open space.
accessible and available to all pro~ect r~sidents for outdaor actf~ities shail be
provided Caurtyards, entry areas for two or more un~ts, lawns and play spaces
wh~ch are physically separated from pri~ate open space, rooftop gardens and
other raoftop usable apen space (nat ta exceed fifty square feet per un~t} and
acti~e recreat~~n spaces such as swimming pools and sports courts, shall count
#award fulfifEment of tF~is requirement The rear yard may caunt toward
fulfillment af the common apen space requirement, provided it ~s usabEe and
accessible Side yards and portions of driveways which are decorated ar
~nterspersed with lawn or other acceptable groundcover may meet a portion of
the requirement, s~b~ect to Arch~tectural Review The minimum dimens~on of
at least one area of eommon open space shall be ten feet m any direct~an Any
~ractical combanat~ort of lawn, pavmg, d~cking, concrete or other serviceable
dust free mater~al shall be used to surface common open space areas, with a
slope of not more than five perr.~nt A minimum of th~rty percent of the common
open space area sha~1 include lawn or other acceptable groundcaver
Required open space may not include public or pri~ate streets, driveways, or
utility easements where the ground surtace cannot be ~sed appropriately for
29
open spaee or front yards
Required common open space may be reduced by one square foot for each
additEOnaf square foo# of pnvate vpen space added beyond the required pr~vat~
apen space
55 A children's play area, which is a mmimum of 4,0~0 square feet, shall be
prov~ded on-site
56 A m~~~mum of 50 square feet per unit of usable pnvate open spac~ shali be
provided Pri~ate open space shall include a deck, yard, patio or combination
thereot which is ad~acent to, accessible from, and at the same or approximate
ele~ation as one or more pnmary spaces The minimum dimension of at least
one such pri~ate open space shall be no less t}~an 7 feet in any d-mens~or~
Pr~vate open space shall be scree~ed from common open space, dr~veways
and ad~acent properties by a substantGally opaque wall or fer~ce a minimum af
3-teet 6-~r~ches aRd a max~m~m of 6-teet ~r~ he~ght, except rn the tront ya~d
setback area Required pnvate open space may be reduced by 1 square foot
for eaeh additronal square foot of common open space addEd but in no case
leaving less than 50 feet of requ~red ~n~ate spaee Af! second floor un~ts shall
ha~e a balcony or deck of fifty sq~are feet or more, with a mir~imum dimens~on
of no less than 7 feet in any dimension, which is ad~acent to, accessible from.
and at the same or approximate elevation as one or more pr~mary spaces of tF~e
unit to be served Roof decks da not meet th~s requ~~ement The railir~g of the
balcony or deck shall kae substantially o~aque to protect the privacy of
occupants First floor private open space may proJect into the entire width of
the side yarcf, and 10 feet into the required depth of the rear yard Private open
space may pra~ect fi f~et ~nto the required front yard as long as ~ts width does
not exceed thirty percer~t of the building width at the front of the bui~dmg Pians
showing that t~~s requirement is satisfied shall be submEtted for appro~al to the
City Plann~r~g Div~s~on prior to submittal to the Architectural Re~iew Board
57 This appro~al is far those plans dated April 8, 1997, a copy of which shall be
mamtained in the fifes o~ the City Planning Divis~on Pro~ect development shall
be consistent w~tF~ such plans, except as otherw~se specif~ed in these
conditions af a~aproval
58 The rights granted by the approval of Developmer~t Review 97-001 to allow
construction of a 28~,492 square foot, seven story, 3~1 unit apartment building
with 9,500 square faot of graund fioor retail space and se~en levels of at grade
and abo~e grade parkmg car~not be exercised until the effective date of the C~ty
Council's approval af Development Agreement 97-00'k for a tl~~rd amer~dment
to the ex~sting De~elopme~t Agreement for the proper~y known as "The
Arboretum"
34
59 This determination s~all not become effective for a period of fourteen days from
the date of determination or, if appealed, unt~l a fina! determir~ation is made or~
the appeal Any a~peaf must be made ~n the form rec{uired by the Zoni~g
Adm~~istrator The approval of this permit shall expire 18 months from the
permit's effective date, unless, in the case of new development, a building
permit has been obtained pnor to the expiratian of this approval m order #o
exercise the rights granted by this approvai This permit shal! also expire if the
building permit expires or if the r~ghts grar~#ed under this approval are not
exercised within one year followEng #he earliest to occur of the following
issuance of a Certificate of Occupancy or, ~f not Certificate af Occupancy is
required, the last requared f~nai ~nspection ior the new cor~struction One s~x
month extension of the 18 month periad may be permitted if approved by the
Director of Plannang Applicant is on notice that time extensions my not be
granted if de~elopment standards relevant to the pro~ect have became
restrictive since pro~ect approva{
FINDINGS FOR TH1RD AMER~DMENT T~ DEVELOPMENT AGREE~IIIENT
1 The proposed De~elopment Agreement Amendment is consistent with the
ab~ecti~es, palicies, ger~eral land uses and programs specified in the general
plan and any appEicable specific plan, in that the p~oposed amendment to
remo~e the I~m~tat~on on maximum number of stories for multifam~ky residentEal
housmg development is consistent with Land Use and Circulatian Element
Policfes 1'!0 2 and ~ 2 1 which state that the City shall "allow ~esidential uses
~n all commerc~al distr~cts" and that the City shall "encourage res~dential mixed
use of appropriate commercially zoned parcels" T. the amendment is
consistent w~th Land Use and Circulation Eiement Ob~ecti~e 1 10 which
requires the expans~on ofi apportunities for "residential land use while
~rotectmg the scale and character of exisfing neighborhoods", ar~d with Policy
1 10 2, whEC~ states that "the City shall allaw res~dent~al use in al l cammercial
dastricts with inter~sity goverr~ed by the applicable FAR and heig~t standards'
In additGOn, the amendment is consistent w~th current Zon~ng Ordinance
provisions that cio not IEmit the number af stories for developments in
commerc~ai zones wi#h a least one floar af res4dentiai use prov~ded that the
maximum district height is not exceeded
2 The proposed De~elopment Agreement Amendment is compatible with the
uses author~zed ~n the district ~r~ wh~ch the real property ~s locat~d, in that the
suE~~ect prop~rty is a 12 7 acre stte which is curr~ntly go~erned not by Zon~ng
Ordnance standards, but by the prov~s~ons of a De~elopmer~t Agreement which
became effective on December 16, 1987 and was amended on December 28,
1988 and on Juiy 7, 1995 and wh~ch allows office, restaur~nt, neighbor~ood
camm~rciaE, supermarket, and residentiaf uses at the site No changes to the
uses as approved by the Dev~lopment Agreement are proposed
31
3 The proposed De~elopment Agreement Amendment is in co~form~ty w~th the
public necessity, public can~enience, general weifare, and good fand use
pract~ces in that the Amendment does not alter the charactenstics of the
proposed residential pro~ect in any way other than to remove the limitatian on
number of stories while st~ll retaining existing Development Agreement
requirements on o~erall bu~ldmg height, building volume envelope, and floor
area and the proposed development is consistent with ihe Land Use and
C+rculation Element of the General Plan
4 The proposed De~eEopmer~t Agreement Amendment will not be detnmental to
the health, safety and general welfare in that it will allow the development
which is compat~ble with other uses permitted ir~ the v~cm4ty and on the
Arboretum pro~ect site to proceed as contemplated in the original Development
Agreement with ~mpEementation of the mitigat~on measures ider~tified in tF~e
Final EIR
5 The proposEd De~elopment Agreement Amendment wal! nat adversely affect
o~derly development of the property ~n that no changes are prQposed to the
permit#ed land uses ar development standards relating to overall b~ilding
height, buildmg ~olume envelope or floor area, estabfished by the ex~sting
Development Agreement and the pro~ect is consistent with the ob~ecti~es and
policies cantamed in the Land Use and Circulation element
6 The proposed De~elopmenk Agreement Amendment wiil have a positEVe f~scal
impact on the C~ty in that the completed pro~ect will be sub~ect to all standard
fees, and taxes, including but not limited ko property tax, bus~ness license tax,
utility tax, and to other fees included in the Agreement which will generate
substar~tial revenues fior the CEty
Prepared by Suzanne Frick, D~rector
Karen Gmsberg, Planning Manager
Amanda Schachter. Senior Planner
Donna Jerex, Associate Planner
Planning and Community Development Department
32
Attachments A Appeal Statemer~t
B Ordmance
C Applicant Letters
D Public Natice
E Planning Commiss~an Staff Repo~# - August 2Q, 1997
F Mmutes of Plannmg Commission Meeting - August 2~, 1997
G Zane Diagram
H Pro~ect Plans
F IPLANISHAREICOUNCILISTRPTIARBO~A3 APP
33
~ ~ ~~ ~ ~
ATTACHMENT A
~ ~ !~ 3 ,~
~f i~F ~J ~ U
. c~ty of ~
Santa Monica
aepartment of Pfanrnng and Gommuniry Development
Planning and Zoning Divisian
(310)45$-83Y1
APPEAL FORM A Q~ g~` -~ ~ 1'~
Date Filed ~~ ~ 9 ~
Rece~ved By ~
Recezpl No.
Nar~e L~ncaln Propert~ Compan.r
Address 30 Executive Park, 5uate 100, Irvine, C~ 927I4
ContacE Person ~enneth L. KutrhPr _ artnrnP.~= fnr annPl l an~ ~ha~g (~i (11 45~--3fi~~
1254 Sixth Street, Sa.nta ;loni~a 90401
Please describe the pro~ect and decisior~~#o be appealed ~~1-un~t a~artment buildin~ w~th Iim~ted ground
floor covnmercial. The Planning Coru~isszon apnraved this nro~ect kTith condi~ions.
ThiG waG an annl z ~.ati nn fnr rPV-~ Pta nf G~r~ri f~ r ht~i 1 cl ~n~G rnirsuant to that certain
Development A~reement dated as of Decem.ber 16~ 198i (ins~rument No. 57-1996737),
as amended.
Case Number 11R `,n. 97-(lfll nnl~-
AddfESS_ ~2CIC1 C:nlnrada Avemie (and rPlat~d addre~sesl
Apphcant Linco~n Propert; Campan~
Or~g~naf Hear~~g Date ~u~us~ 20, 1997
Ong~r~al ActEOn a„a„ ~~- ~~, ~ qq7
Please state the specif~c reason(s} ior the ap~eal s~e attachmenti .
Please provide two self-addressed, stamped, Eetter-s~zed envefo~es.
S:anatv~~e
T~lk?RERCE & HAItBIIvG
~ '" ~ ~ i
BY~ ~ _ ~a~P September 3, 1997
Kenneth L. Kutcher, artorneys for ~pnlicant/~ppe~lant
~ ~
L~st of Appeai Deadlines*
Var~ance decfs~o~s 14 days (SMMC Sect~an 9 04 20 10 ~80)
Home Occupation decis~ans 1~ ~ays (SMMC Sect~on 9 04 20 40 060)
~emporary Use PermEtdecis~oRS ~nvolvmg pro~ects having span of 45 days ormore 7 days (SMMC Sect~on 9 04 20 08 Ofi0 }
Perfarmance Standards Permit dec~s~ans. 14 days (SMMC Sect~on 9 04 20 26 060}
Reduced Parking Permit decis~ons~ 14 days (SMMC Sect~on 9 44 20 ~6 0~0}
Admi~~strat4ve Approvals (re~rocat~on thereof only}: 7 days ~SMMC Sect«n 9 04 2Q 28 050)
Ocea~ Park Ya~d Reduct+4n Perm~ts: ~ 4 days (S~SMG Se~tso~ 9 U4 20 32 070 )
Asc~jtectuEa4 Rev~ew Baafd dec~sions 10 days (SMMC Sect~flr~ 9 32160)
Landmarks Commiss~on deasions 1D days (SMMC Sect~on 9 3fi ~8~)
Conditional Use Permit decis~ons 1~ days ~SMMC 5ect~a^ 9 04 2~ 12 ~$0)
Develapment t~eview Perm~t decisions 14 days ~Secti~n 9 04 2014 ~70~
Tentat~ve Map decis~ans 10 days ~SMMC Section 9 2014 070}
*Appeal penods beg~n on next business ~ay followmg the dec~s~or Appeal per~ads endmg an weeEcends or hol~days are
extended to the next bus~ness ~ay Appeal~ m~st be ~~~ed on fQrms ava~labfe from Pianning and Zaning aff~ce and be
aecompanied by app~opr~ate f~E~ng fee See San#a f~~ornca Municipal Code faT more ~nformation
6~95
~ ~ ~
Applican# Lmcaln Property Company
Appellant Lincoln Property Company
Address 220D Colorado A~enue
ATTACHMENT TO APPEAL OF DR No. 97-009
State the reasans for the appeal
Lincoln Property Company is appealing fram the unanimous
decision of the Planning Comm~ssion appro~ing their proJect with conditions This
appeal is bemg filed on narrow, but s~gnifican#, grounds There are certa~n
impartant partic~lars which have not yet b~en resalved ~n a way to ensure the
feasibrl~ty and success o# this ~mpor#ant addition to the City's housing stock
The three outstanding issues relate to the foflowing (9 ) the City
has apparently failed to certify the m~x of 97 one and two-bedroom affordable
units which w~ll be constructed on site, (2} the reasonable alfacation of
responsibili#y for perform~ng vanous off-site fmprovem~nts needs to be
adcfressed in the conditEOns af approval because many of these mitigat~on
requirements should be expressly distributed to ather indi~idual phases of the
Arboretum clevelopment, and ~3} the proper impleme~tat~on of other on-site
mitigat~or~ requirements !e a, water meters} needs to be clarified in the
conditions of appro~al.
While the Appellant recogn~zes the ~mportance of the Planr~ing
Commissian's support far their pro3ect, this appeal is being filed because certain
of the conditions potentially ~eopardize the ~iability of the pro~ect, depend~ng in
how they are implemented by City Staff
~ Mix Of One- And Two-Bedroom Affordable Units
The pro~ect will contam 97 on-site affordable housmg units TF~e Appellant
will be restricting 24 one-bedraom units to low income rent feveEs, 21 two-
bedroom units to low income rent le~els, 28 one-bedroom units to moderate
income rent levels, and 24 trnro-bedroam units to modera#e income rent IeWels
This mix of one and two-bedroom units equals 97 on-site affordable units (The
Appelfant will also be allocatmg prepaid in-lieu fees af $640,000 as a credit far an
additional eight low-income units }
At the last minute, City 5taff indicated at the Plannmg Commission hearEng
that the allocatian of these units had not been cert~fied The Appellant cannot
proceed with this pro~ect unless this issue has been resolved The fmancial
viability of this pro~ect will be ~eopardized in the e~ent the City impases more
onerous requirements
~~
~~~ 03~
~ ~
2 Off-S~te Imora~ements
Altf~ough tl~e Develapment Agreement empowers the Drrector of General
Senrices to allacate respansibdity for these off-site impro~ements between the
various phases of the entire Arboretum site, the Planning Commiss~an decision
imposes off-site obligations having no direct relationship with the Appeilant's
pro~ect Instead, many of t~e off-s~te obligations relate to other phases of the
Arboretum site Nonetheless, the canditions of approval adopted by the Planning
Commission purport to require these conditions ta be sat~sfied by the Appellant
before ~ssuance of a b~~lding perm~t for #hrs prolect This waulc! be ~nreasonab~e
and unworkable if strictly enforced Tf~ese cond~t~ons should be fa~rly aflocated ~n
tha conditions of appro~al
The off-site improvements whECh do npt relate to the Appellant's pro~ect
are as follows
• payments of $75,400 for traffic signafs at 20th/Broadway {see Cond~tion 1},
• publ~c viewsheds to be retained on three corners not encompassecf by this
pro~ect (see Condition ~ 9),
•$250,000 to be s~ent for public art (see Condition 20),
• the w~dening of Colarado Aver~ue by 1 ~ feet for that portion of #he street
not located in front of the Appellant's pro~ect (see Cond~t~on 22),
• the widening of Cloverfield Baulevard (see Candition 23);
• certain traffic signal improvements at CloverfieldlColorado and Cloverfield
IOlymp~c (see Condition 24},
• the mstallation of curbs and gutters along a portion of Ofympic Boulevard
{see Condit~on 25},
• the construction of certain right turn pockets (see Cond~tion 26},
• the installation of a 14-inch wat~r main by October 1997 (see Condition
31), and
• the remo~al of contaminated sail from the Ralph's site (see Cand~t~an 44},
The Appellant has no present assurance that these off-s~te ~mprovements
will be allocated by City Staff ir~ a manner which will allow th~s important housing
pro~ect to proceed on schedule
3 On-S~te Mitiaatio~ Reauirement$
A Water Meters Condition 8 requires various water conservation
measures The Appellant propases tp satisfy one of #hese requirements by
submetering each unit The Appellant can ach~e~e the City's water conservation
goals by this means and seeks affirmat~on of the proposed submetering system
However, City Staff has thus far withheld appro~al of thrs ~ystem Instead, City
Staffs preferrec! method of requirmg indi~idual meters for each unit would
unnecessar~iy increase tf~e cost of this pro~ecf by more fhan $500,000, in additivn
b3~
~ ~
,
to creatmg aESthetic and log~stfcal problems This condition, dependmg upan
how it ~s implemented by City Staff, could result in a prohibitive impec~iment to the
construction of t~ES pro~ec#
B Sewer and Parks ~ees for On-Site Affordable Units T~re Appellar~t is
developing 97 affordable un~ts on site The Appellant should not be required to
pay the generally applicable sewer connectron fee or the Parks and Recreation
fee for those affordable units Conditions 12b and 50 should provide this
exemption
C Enerav Conservation Measures CondEtion 21 generalfy requires
campl~ance with Title 24 energy conservation standards, but the specific list of
requirements set forth in th~s condition is not appropriate for the residential
component of th~s pro~ect and shauld be deleted
The combined effects of these on-site mitigat~on requ~rements could
~eopardize the pra~ect, dependmg Qn how they are implemented by City Staff
The City Council should give appropriate directiort to City Staff on these issues
The Appellan# reserves the right ta withdraw this appeal m the event that
these issues ha~e beert resolved prtor ta the CEty Council hearing
7laddifl2 994
~t ~' - ,
. , ,- ~
ATTAC H M E N T B
~~ D4 ~
CA:f:\atty~muni~laws~bar~arbo
City Counci~ Meeting 11-11-97 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
APPROVING THE DEVELOPMEIVT AGREEMENT AMENDMENT BETWEEN
THE CITY ~F SANTA MONICA AND TRANSACT~ON FINANCIAL
CORPORATION, A CALIFORNIA CORPOR.ATION, THREE COAST
LIMITED PARTNERSHIP~ A DELAWARE LIMITED PARTNERSHIP,
STEVEN H. SWIRE, FREDERICK A. FUCHS, AND BARBARA M. FUCHS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DDES QRDAIN AS
FOLLOWS:
S~CTION 1. The Development Agreement Amendment attached
hereto as Exhibit "1" and incarporated herein by reference between
the City of Santa Monica, a inunicipa~. corporation, and Transaction
Financial Corporation, a California corporation, Three Coast
Limited Partnership, a Delaware limited partnership, Steven H.
Swire, Frederick A. Fuchs, and Barbara M. Fuchs is hereby approved.
SECTION 2. Each and every term and condition af the
Development Agreement AmendmenC. approved in Section 1. of this
Ordinance shall be and is made a part of the Santa Monica Mun~cipaJ.
Code and any appendices thereto. The City Council of the Ci~y af
Santa Monica finds that public necessity, public convenience, and
general welfare require that any pravisian af the Santa Monica
Municipal Code or appendices thereto inconsistent with the
i
~~: ~~t~
provisions af this Development Agreement, to the extent of such
inconsistencies and no further, be repealed or modified to ~hat
extent necessary to make fu11y effective the provisions af this
Development Agreement Amendment.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereta, incansistent with the provisions of this
Ordinance, to the extent of such incansistencies and no further,
are hereby repeal~d or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 4. If any sectian, subsectian, s~ntence, clausa, or
phrase of this Ordinance is for any reason held to be invalid or
uncanstitutional by a dacision of any caur~ of any competent
jurisdiction, such decision shall not affect the vaiidity af the
rernaining portions o~ this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clausE, ar phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutianal.
SECTION 5. The Mayar shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same ta be published once in the afficial newspaper
2
'a~ li~ j
within 15 days after its adQptian. This Ordinance shal~ be
effective 30 days from its adoption.
APPROVE^ AS TO FORM:
i~~ ~ 1.L~ .~. T (.Lc ~
M~RSHA JO~S M~UTRIE
City Atta ey
3
~~ ~'~~~
EXH~BIT 1
~ ,~ f~ ~~ i
RECORDWG I~QIJEST~G BY
M~ WFIEN RECORDED MIW_ TO:
ICenneth L Kutcher
LAWRENCE & HARDING
1250 Sucth Street, Sude 300
Santa Mon~ca, CA 90401
Above This Liae For Recorder's Use
AMENDMENT NUMBER THREE
TO DEVELOPMENT AGRfiEMENi'
THIS AMENDMENT NUMBER THREE TO DFsVELOP[~SNT AGREEMFNT ("ThiXd
Amendment"} is entered into as of thi~ day of . 1997
("Effective Date"y, by and between THE CITY OF SANTA MONICA, a municipal
corporation organized and exiating pursuant ta the law~ of the State af
Califarnia and the Charter of the City of Santa Mon~.ca ("City"f, and
TRANSACTION PINANCIAL CORPORATION, a California corporatioa, THAES COAST
LIMI'fls[~ PARTNERSHIP, a Delaware limited partnership, STSVSN H. SWIRE,
FR$DSRICK A. FUCHS and HARBARA M. FUCHS, {collectively "ADP"} with reference
to the foliowing facts:
A. A,~P is the owner of that certain real property {nUndeveloped
Property"} located in the City of Santa Monica, State of California, which
is more particulariy deacribed in Exhib~~ "A" to this Third Amendment.
Lxhib~t A is hereby incorporated by reference herein.
B. The City and a prior owner of the Uadeveloped Property
entered into a Develapment Agreement dated ae of December 16, ~987
("Original Development Agreement"}, relating to certain real property
inc].uding the Undeveloped Property, pursuant to Ca~ifoxnaa Government Code
Sections 65864, g_t seQ., and Santa Monica Municipal Code Sectione 980fl, ~
s^a. lnoar kno~vn as ehapter 9.48? . The Original Develapment Agreerr~ertt wa~
recarded on December 17, 1987, in the Official Records of the Los Angeles
County Recdrder's Office as Instrument 87-1996737.
C. The Original Devel.apment Agreement hae been amended,
~nodified or clarified by the following docurnents:
(1} Memorandum of Clarificat~~n dated a~ of December 16,
1987 ("First Me~rtorandum");
42) Second Memorandum o~ Clarificatian dated as of
I?ece~ber 16, Z987 ("Second Me~rtorandum"?;
(3? A~nendment Nunsber One to Deva~.opment Agreement dated as
of December 28, 1988 {"First Amendrnent"'), which wa~ recorded on January 5,
1989, in the Official Records of the Los Angelea County Recorder's Offi,ce as
Instrument Number 89-15234; and
(4} Amendment Number Z~,vo to Development AgreeEnent dated as
of March 16, 1995 ("Second Amendment"}, which was recorded on April 11,
Z995, in the Officia~ Record~ of the Las Angelee County R~corder's Of€ice as
In~trumer~t Number 95-504419. (The ~rigina.~ Development Agree~nent, as
clarified by the First Mecr~orandu~n and the Second Me~orandu~ and as ar~tended
and ~nadified by the Firat Amendment and ~econd Amendment, ia hereinafter
someti~nes referred to as ~he "Deve~opment Ag~eement.")
ra ~ 4 ; ~ r,
- D. An appl~cat~on has been submitted to the City'e Department
of Plann~ng- artd Commun~ty Develnpment for review and approval of a
Multifamily Residential Housing pro~ect and certain ground floor cammercial
usea on the Undeveloped Property ~n accordance with the Deve~opment
Agreement.
E. The purpose of this Third Amendment i.s to provide that the
litnitation in the Development Agreement on the maximum number of floors
which rnay be develaped on the Undeveloped Property applies only to
commercial development and no~ to Multifamily Residential Housing
develop~ent or above-grade parking, provided those strucCures camply with
the applicable li~uts on Building H~ight. Building Volume ~nvelope, Floor
Area, and Floor Area Ratio. This Third Amendment does not in any way a3.Ger
the Btiildirtg He~ght, Building Volume Envelope, Floor Area or Floor Area
Ratio limits established in the Development Agreement.
F. Santa Monica Number Seven Asaociates, L.P., a Delaware
limited partnership i"3MNSA~~7, is the owner of certain real property ("SMNSA
PraperCy"} which ie located near the Undeveloped Property. The SI~.iTSA
Property was dev~loped pursuant to the 4riginal Development Agreement.
G. A copy of this Third Amend~neat has been submit~ed to SIM¢~iSA
in accordance with the procedure set forth in the Development Agreement far
ae~endments. Thi~ Third Amendment doea not require the written conaent of
SNINSA.
NOW, THSREFORE, the parties hereto do hereby agree that the
Development Agreement ehall be further amended in the following respects:
1. The number of al].owab~e stories in above-grade parking
garages and in Multifamily Re$idential Housing project~ which have no
commercxal uses above the ground floor shall nat be limited; provided,
however, that thE structures otherwise comply with aII other property
development standards in thE Develogment Agreement includ~ng, without
limitation, Build~.ng Height, Buildzng Volume Envelape, Site Cav~rage, Floor
Area, and Floor Area Ratio limitations.
2. The capitalized texms that are used in this Th~.rd Amendment
that are specifically defined in thi~ Third Amendment shal~ be defined as
set forth in this Third Amendment. Cap~talizad terms that are not defined
in this Third Amendment ahall be defined in the same mannex as they were
defined in the Development Agreement. Tern;s used in this Third Am~ndment
which are nat defined herein or in the Development Agreement, but are
defined in ~he City's Zoning Ordinance on the date hereof shall have the
meanings given those terma in such version of the Zaning Ordinance.
3. Except as amended by thie Third Amendment, the Develapment
Agreement ghall remain in full force and effect in accor~a*'~ce w~.th its terms
and conditions. Nots+-zthstanding the fox-egosng, in ~he e~en~ of any
inconeistency between thi~ Th~rd Amendment and the Development Agreement,
the applicable pravisions of this Third Amendment ~hall govern as to the
Undevelaped Property, but the applicabla proviaions of the Development
Agreement without regard to thig Second Amendment shall govern as to the
remainder of the site covered by the Development Agreement.
-2-
~ ~ 1~ ~ ~i
. 4. The parties hereto shall cause this Third Amendment to be
recorded ia -the Official Recards of the Los Angeles County Recorder's
Office. The cost, if any, of recording Chis Third Amendment shall be born
by ADP.
IN WITNESS WHEREOF, the parties hereto have duly executed this
agre~ment as of the date and year first written above.
CITY OF SANTA MONICA,
a municipal corporatian
A~'TEST :
City Clerk
APPRO~TED AS ~o Fa~as :
Marah~ Jones Moutrie
City Attorney
71da2a31.tst
By:
John Jalili
City Manager
TRANSACFION FINANCIAL
CORPORATION
A Cali€ornia corporation
By:
Robert Bisno
Its: Ch~ef Executive Offacer
THREE COAST I+IMITED PARTNERSHIP
A Delaware liznited partnership
By: CHELLE, INC.
Its: General Partner
By:
William W. Hammerstein
Its: President
STEPHEN H. SWIRE
FREDERICK A. FUCHS
BARF3AR~1 M . FUCHS
-~-
a~ ~, n n ~,
rt
EXHIBIT A
Farce~ A:
L,at 4 cf Tract No. 49b94, 1n s~e City vf Sanca Mar~ica, Counry of I.os An~etes, S~a[e of
Ca~tfoc~a, as si~cwn vn map r~eordEd ~r~ Book 1l7S, Pages 37 to 40, ~nc3usive, 4f M~ps,
in the aFfice of thc Cour~ry Recorder of suid C~unty
Exeept Thet~efram: tf~at pvni~s~ ~f~ereof w4uc1~ ~ies Sa~sthwestecSy of a lit~e wh~c~ is p~r~!!e1
wi~h che 5authwester~y ~lr~e of Lot b of sald Troct Na. 49b9t4 and 1les dietant Nor~h 4S
degtees 15 minu~es OD secor~ds East z08.I9 fee~ a3ong the Northwesrerly ilna s of Loa 6
sad d f;orn the c~sa5t Westcrjy corncr cf aaid Lot b.
Said land is shown as Parcr! A on 1~i~civer of P~rcel :ti+i~p No- WPM9G-07., cecorded undet
Gercificace of Cvm~liacsce, rec~r~cd Apr~t 4, 149? as Ic~ument No, 47-Sf225~, Offclai
Rtcordc.
Parcet ~;
I.at S v~ Tr~c~ Na. 49~94, in the Cjty of 5anta Mos~ca, Coun~y of Los Angeles~ Stase of
Califomia, as shown o~. map rec~rde~ i~ Baok il75, Pages 37 to 4~, incluslve, oF Mags,
in the office of t~~ County Record~r nf said Gaunty
F.7icCept TheKeProm: that porc~on ~hcreot which 1(C~ Sa~thwcsterty of ~ lu~e whict~ is paral=e!
v~1t33 the Southwesterty ti~c of Lo[ ~ of s~id Tr~~t Hp. 49694 arLd Iiea distant Narth 45
degsees 15 ~ninvtes fl0 secar~ds Eas~ 208,19 fe~t aiong tt~e Notthw~sterly Ii~e s of I.ocs ~
and 4 of said Tra~t 49b9a, from the mos[ Westerly cor~e: af said Lac G,
Said ~and is shown as Parcef B on Waiver of FYrce~ Mep No, 1~VPM96-OI, r~co~ed v~nder
Cert~f3cate of Complience, rrCOrded Apri! 4, 1997 as lnscrumen~ No. 97-S1Z~SD~ Q~cisl
Records.
PARCEL ~:
'~hose pvrtio~ of Lou 2 and 3~f Tract No. 49694, in tt~c Cisy of Santa Monica, Gaunty ~f
Los Angel~s, St~ce af California, es shawn oa map recorded in Boak 1175, pageg 37 to ~
inclus~ve of :~Ia~s, in t~e oifice af the Couaty R~cord~r of s~-id Cau~ry, describ~d as
fol~4ws:
Heginsy1n~ at a~aiat in the Northeaste~rly linc of 5aid Lat ! d~stani 5outh 44° ~3` 50" East
thet~on 179.f3 feet f:n~ the I~Iaithwastarly cerrz~inua sfter,~o~; tha~ ~IC[l~ R 1fhC, whlCh ia
gu~[~o~ w~eh chat cercaln cours~ shown as h~ving a bearing atu~ length af No~ ~5° 15' t10"
Ee~ 206.24 Yeet in the Northwesterly Tine ~f jaid i,ot ~, Sau~h 45° ~3' OOn ~Vest 246. i2
fe~t; ~t~ence along a 1;net v~hich is parauel wictt ~hat certaip ceurse shawn as h~ving a
CLTA Arallmtr.ery Repc~e ~orm (Rev, 1-tA4~ ta e~ r~ ~! ,
~CT-21-133~ 17 3~ La~~encE ~ Hardtn~ 31~ A58 19~9 P 03/03
aC'r--ts-'yr -aa:am r~~ ~r.~ .,~_..,..._....
16I5958
Page ;
bear~n~ a~-d ler~g~h of ~orth 44° 45' Q~J" Wcst 310.45 fccc is~ the 5aotsthwestt~Iy I~ne ot said
Lot 1, Narth 44° 45' Op" W~st i4,4b fc~t; ~en~ ai~n~ 81inz which fs par~Ita~ with that
certain cours~ shown es ha~ving a be~rin~ and lens~h of North 45° 15' 00° ~t~st 28Q.43 feet
in ths Noschweszerly line aFsa~d Lo~ 2, Sau[h 45° !S' 00" West 188.~~ fC~Ct !b 8 ~EI1~ W~1jC~
is para~lel with chc Sau~riwcsterly l:r~e oP said Lot 2 and which passes rhrough a poinc in tt-ee
SQUtheasterly line cf said Lcc 2 dksiant hlarthcas~~rly thereon 144.04 fect from t.he mos~
Snuther~y corner af said I.at 2, sai~ po~ns ~e~r~g the TRU~ PoINT o~ 9EG~NNtNo for
thls dcscription, shence alar~g said last men[~or~ed p$raslel 1ine, South 44° 45' {34" ~,st
85.Z8 teet ta a point t~etcm whic~ 1~~s Soutk~ 44° 45' 00" East the;eon $5,28 feet f~om aaid
Northu~esteriy terminus of a straig:~* line; therice alang a line which is paratlel with ~~a
Natthwescerly t~ne of ~aid La[ 3, 5ouch 45° 15' fl0° West 36 p0 ke~; ther~ca along g line
which i~ parallel w~th thc Souchwescerly 1~nc of said Lot 3, So~tt~ 44° 45' ~" East 19~.47
feet [o a point in a curve concave Sout~ea~ttrty and I~avirj~, a radlus of 905A0 feeE in the
Saulheusccsly tit~e o#' said Lo~ 3: thence Southwesterly alaz~ sa~d curve throu$h a r~ecnral
ar.~se of 3° 36' 2~" an arc d95tance of 55.96 fe~t ta a paint in a cur-re coacav~
Souiheasteriy an~l ha~ing a ra~ius ot 11,703,40 feet rn ~he Southeaateriy lirm of said L.ot 3:
thence Souchwesterty atar~g said last menn~r,ecl curve thrau~h a cencral ar~gle c~f 00° ~7'
09" an arc dfsr~ncc af 58.39 feet to t;~e most Sautherly comer of 9aid Lot 3, thc~ee along
the Sou~hwesterfy liae of said i.ot 3, ~'or~h 44° 45' 00^ West 732.t?0 faec to the
Soucheasterly corner of saj~ Lot ~, ihec~ce I~onh 44 ° 45' OQ" Wesc $lor~g the Southwescersy
~lne of Lo~ ~, 233.3a ~cer che thc most Wosccrly cQ;ner Qf said ~asc meruioned lot: thancc
along the Nanhwesteriy t~ie af saiQ Lot 2, NoN3 45° IS' Q~" Fasi 149.Q4 feet ta a paint~
satid poia~ bears Nar~ 44 degr~es ~5 msr~utes 4Q seconds West from the'hue Pc~~t of
Hegiruriug; thence South 44 degrees a5 m~nutes OD seconds Ea~t 199,9~ feet the the Tru~
Poinc of Begiru~ing.
Sacd lat~d fs shvwr~ as Parc~! E on Cerc~~ca[e oF eom~lis~ce Lot Line AdJuacment No.
97LOT003, Csty af 5anta Matica, recorcled lune 19, i997 as Instrument Na. 97-916U44,
Off~ci~! Rec~rds.
Except Fram a ponion o~ said lanc~ ai! ari, ga~ and m:nerals rigiits beiow a deptl~ oP SOQ f~ct
but wt=}~out right of entry, as excagted in ~Ine deed from Parker M~nufacturing Compar~y
recorded Febzuary I 1, 1986 aa I~trument No. B6-t $~I6D, ~ff':ciaf Records.
~ tw ji L; ~
CI,7'A PfduNciaryr Repon Fomn ~Rsv 1-1•95~
TOTAL P.03
ATTACHMENT C
~ ~,
A
M
~ ~
LAWI~ENCE & ~^~~ s_ `;~.. ,
A PROFESSIONqG COR~17 T,Ip~.F' ~I+`~4 ~ ~r rt f,
CNRISTOP}IER M H0.ROING
FI~CMpRD A LAWREN[E
KENN~Tf9 L KLTCHER
1SEY]N V KDIAL
.4UR15 E JARqSUNAS
ATTOF7NEY5 AT LAW
'97 S~P 24
September 24, 1997
i250 51%TH S7REET
~ 4 ~~ SUIT~ 300
~AIFx/C-MONIC.~+ GALIFORNIA 9040~'~BO2
TELEPHONE (310I 393-~Q07
FAGSIMILE (31p7 456-1938
WRITEii'5 OIRECT ~10.L
{310j 451 ~669
VIA NLESSENGER
Donna Jerex
Assoc~ate Planner
City of Santa Monica
1685 Main S~reet, Room 212
Santa Monica, CA 90401
Re: DR No. 97-DO1
Applicant/Appellan~:
Our File No. 994.8
Dear ponna:
Lincoln Froperty Campany
I am in rece~pt of your telecopier transmissian dated
September 11, 1997. In that communicatian, you provided me with
an exampl~ of the City's methadaZogy for deterrn~.nirfg the numbez- af
bedroams required far inclus~.onary units based on SMMC Section
9.28.050(b). Your communiea~ion sheds some light on this issue,
but is not dispositive.
As yau know, Lincoln Pxoperty Company has appealed fram
the Planning Commission's unanimaus approval of this gro~ect
because of two issues. One issue relates to requirements by
Pub~ic Warks. It appears that ~hose issues may be su~f.~c~ently
resolved ta the satisfacticn cf Lzncoln Property Company.
The second ~ssue on appea~ relates to the m~x af
bedraoms wh~ch wi11 be required iz~ the ~nclus~anary housing units.
L~ncaln ~roperty Company canno~ proceed with this project until a
detern~ination has been made about how many units are req~ired. If
this issue is resalved satisfactori].y, then it appears Lir~coln
PrQpe~ty Company will be in a posit~on to withdraw its appeal.
In yaur September 11`h comnnunica~ion, you indicated that
~he reguired number of affordable bedrooms "will be verified prior
to issuance of building permits." LincoZn Property Campany cannot
wait unti~. issuance of a build~ng perm~t for this determination to
occur. Lirtcoln Property Company needs to know at this poin.t
whether its pro~ect is viablE as designed.
~~
~~~
MINUTES
REGULAR MEETING OF THE PLANNING C~MMISSION
OF THE CITY OF SANTA M~NICA
WEDNESDAY, AUGUST 20, 1997
7•00 P.M.
CITY CDUNCIL CHAMBERS
ROOM 213, CITY HALL
1.
2.
3.
CALL T~ ORDER. The meeting was callecf to order at 7 10 p m
PLEDGE OF ALLEGfANCE: Cammissioner Weremiuk led the Pledge of
Allegiance
ROLL CALL: Present. Berton R. Bradley
Kenneth Breisch, Cammiss~oner
Frank Gruber, Commissroner
Lou Moench, Commissroner
Enc Charles Par~ee, Comm~ssioner
Kathleen Weremiuk,
John Zinner, Chairperson
Also Present Kyle Ferstead, Comrnission Secretary
Suzanne Frick, Director of Planning/PCD
Karen Ginsberg, Planning Manager
Donna Jerex, Assoc~ate Planner
Amanda Schachter, Senior Planner
Mary Strobel, Dep~ty C~ty Attorney
4.
PLANNING DIRECTOR'S REPORT:
Ms Frick ga~e the Director's Report Ms Frick informed the Cammission of
a study session scheduled for September 10 on the Inclusianary Hausing
Program. She stated that there also will be a public workshop fln this topEc
on Sunday, September 7 at Lincoln Park frorr~ 1 30 to 4 00 p m She asked
that the Commission defer their commants vn an item they rece~ved from the
Airport Director She stated a pui~lic hearing an the matter will be held in the
near future and comments may be given at that time.
Commissioner Parlee asked Ms Frick if the public hearang will include a
report from the Airport Subcorrrmittee Ms Frick stated that the report,
which is now in draft form, will be included
1
~ ~
`s "~ t~ ,; ~.
~
LAWRENGE & ~IARDING
A ~AO~ESSIONA~ CCAPORA~~OH
ATT~RN6Y5 A7 LAW
Donna Jerex
September 24, 1997
Page 3
~
fraction o~ a required un~t shall not be considered either a low
or moderate-income unit, and an in-lieu fee may be paid for any
~racti.on of a unit .
Of the I04.4 inclusionary units required in th~s
pra~ect, 52 mus~ be Iow-i.ncome units, and 52 may be moderate-
~ncome units. Lincoln Proper~y Company has ~he opportunity to pay
an in-~ieu fee for 26.4 low-income units, and must prov~.de on-site
2b ~ow-income units and 52 m~derate-income units, for a total on-
site x'equirement of 78 affordable housing units. Notwith-standing
this option, Lincoln Property Company is prepared to devote 9C of
its un~.ts as on-site affordable units. Forty-four of those un~.ts
wiZl be Zo~,v-in~ame irn~ts and 52 will be mod~ra~e-income units.
In lieu of providing 8.4 low-income units, Lincoln
Property Company will pay a feE of $672,000 {at the rate of
$SD,000 per unit pursuant to Section 12 of the Second Amendment).
In paying this fee, Lincoln Property Company is entitled ta a
dallar-far-dollar credit for the prepaid sum of $2,200,000
puzs~ant to Sectzan ~2(d} of the Second Amendmen~. No CPI
ad~ustments shauld be made to ea~~her the prepaid fees or the
inclus~onary base unit price given the fact that these fees have
be~n prepa~d and presumably are being held by the City in
interest-bearing accounts.
Of the 96 affordable units being constructed on-s~te,
L~ncoln Property Company intends ta prvvlde 47 one-bedraom units
and 49 two-bedroom units. This yiel.ds a tatal of 145 affordable
bedrooms which, when divided by ~he ~.ata~ number of 96
inclusianary uni~s, equals a ratio of 1.51 bedrooms per affordable
un~t.
In the market-rate units, Lincoln Property Company wil~
be provid~ng 142 one-bedroom unzts, 91 two-bedroom units, and 19
three-bedraom units. Thxs yields a total of 381 market-rate
bedrooms which, when divided by 252 market-rate un~ts, equals a
ra~io of I.51 bedrooms per ma~ket-rate unit.
we believe this project design meets and exc~~ds the
~nclusionary housing requirements fo~ this pro~ect in the
fvllowing ways.
1. The lnc~usionary housang requ~.~ement is 104.4 units.
2. Although Lincoln Property could pay an in-la.eu f~e for up to
26.4 of those units, such a fee will be pazd for only 8.4
units.
~~ ~~J~
_~ ~ ~
r
~ LAWRENGE & I~ARDI~`G
4 CROFESS ONAL C~RPQfqATION
qTTORNEYS AT LAW
Donna Jerex
September 24, 1997
Page 4
3. Fifty-two moderate-income units and 44 low-income uni~s will
be pravided on-s~te, although only 26 low-income un.~ts and 52
moderate-incame units are required to be provaded on-site.
4. An average ~at~o of 1.51 bedrooms per affordable un~t wz11 be
eonstructed on-site.
5. Prepaid in-lieu fee credits af up to $672,000 will be
allocated from the $2,200,000 sum held by the City.
In order to resolve thzs aspect of the pending app~al,
we hereby request that Planning Staff prov~de written acknowledg-
ment that this pro~ect will satisfy the inclusionary housing
requireznents of tih~ Second Amendmen~.. Accordingly, please sign
th~s letter where indicated below and return it to me at you~
earliest convenience.
Very truly yours,
~W ~ t~ ~~
y"
Kenneth L. Kutcher
of LAWRENCE & HARDING
a Professional Corpoxation
KLK : b~ r
Enclosure
cc: Suzanne Frxek (w/encl.)
Karen G3nsberg (w/encl.)
Amanda Schachter (w/encl.)
Barry Rosenbaum (w/encl.)
Dennis Cava~lari (w/encl.)
Bill Hammerstein (w/encl.a
Bob Bisno (w/encl.)
David H~.bbert {w/encl . )
ACKNOWLEDGMENT
The Department of Cammunity and Econam~c Development
has reviewed the forego~ng terms of ~his proaect and agrees with
the analysis se~. forth alaove .
Date:
Signature
Titl~:
7LLTFti23 994
~w ~~:.~
ATTACHMENT D
~~ ~5~
NOTICE QF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: A Publ~c Hearmg will be held by the City Council on the follow~ng requests
Introduce for first read~ng an ordinance appro~ing a third amenc~men# to the Arboretum
Development Agreement to remo~e the IEmEtation on the number of stones for residential
pro~ects, and Appeai 97-01 fi af Planning Comm~ssion approval of Development Review
Permit 97-001 to allow the construction of a new, 285,492 square foot, seven-story 351-
unif apar#ment building with 9,5~0 square feet of ground floor retail space, and seven
levels of at-grade and above-grade park~ng, ~r~cluding raoftop parkmg, at th~ site knflwn
as The Arboretum
APPI.ICANT: Lincoln Property Company
APPELLANTS: Lincoln Property Company
WHEN: Tuesday, November 11, 1997
WHERE: Council Chambers
Room 213
1685 Main Street
Santa Monica, Cal~forn~a
HOW TO COMMENT
You may comment at the City Counc~l publ~c hearing, or by writing a letter Written
informat~on received befor~ 3~0 p m or~ the Wednesday before the hearing will be given
to the City Council in their packet Information recei~ed after that time will be given to the
City Council prior #o the meetmg
Address your letters to City Clerk
1685 Ma~n Street, Room 1~2
Santa Monica, CA 90401
MORE INFORMATION
lf you want more information abo~t this pro~ect, please call Associate Planner ponna Jerex
at (310) 4~8-8585 Santa Mor~ica Bus Lines #1, #2, #3, #7 and #8 serve City Hall The
meeting fiacility ~s handicapped accessible If you haWe any special needs such as s~gn
language interpreting, please contact the Off~ce af the D~sal~fed at (3'10} 458-8701
Pursuant to Califorrna Government Code Section 65009(b), if this matter is subsequently
chaalenged in Caurt, the challenge may be limited to only thase issues raised at the Public
Hearing described ~n this notice, or in written correspondence del~~ered to th~ City of
Santa Monica at, or prior to, the Publ~c Hearing
~ ~ ~l ~ i
ESPANOL
EI Concil~o Municipal de la c~udad de Santa Monica tendra u~a audenc~a publ~ca para
revisar applicaciones propon~endo desarrollo en Santa Monica Para mas infflrmacion,
Ilame a Carmen Gut~errez al numera (390) 4~8-8341
APPROVED AS TO FORM
~~
."~c,,..~~ ~
KAREN GI BERG ( ~
Planning Manager
F IPLANISHAREICOUNCILWOTICESILINCOLN APP
~# ii~, ~1 ~ r~
ATTACHMENT E
~~ ~'~.i
P&Z•5F D?VI DJ F;PLAI~ISHARE',PC`~STRPT',DR97401 VVPD Santa Momca. Californ~a
Planrun~ Commission Mtg Aug~st 20, 1997
TO The Honorable Plamm~g Cammiss~on
FROVI Plannm~ Staff
SUBJECT Amendment to Exisnng De~~elopment Agreement for 2240 Colorado Avenue
(Development Agreement 97-001) and
De~~elopment Revie~~ 97-001 for the Canstruct~on of a 3~1-Lrnit Multi-Famtl~~
Residenual BuiIdFng at 2200 Colorado Avenue
Address 2200 Colorada A~=enue (Colarado A~~enue and Ol~mpic Bouleeard Zones)
ApplicanL Da~~id Forbes Hlbbert. Architect, for Lincoln Property CompanS~ Partners
INTRODUCTIOIV'
Action De~~ elopment Agreement 97-401 for a third amendment to the
eristmq Deti~elopment Agreement ta remo~~e the 6-star}: lumtat~on for
the de~relopment of a multi-famil~~ houszng pro~ect, and
De~elopment Re~ie~~~ Permit 97-001 to alloti~~ the constructzon of a
ne«T, 285.492 square foot. se~>en-stary. 351 unrt apartment building
~~-~th 9.a00 square feet of ground floox retail space. and sec~en levels
(126.592 squar~ feet} of at-grade and above-grade parking. mcludmg
rooftap parkmg, at the srte kno~;~n as The Arboretum A
De~~elopment Re~~ie~~~ Perrnit is required to ensure that the proposed
pro~ect complies ti~,~ith the requirements of the Development
A~reement for this property
Recommendation Recommendation to Citt~ Cauncil to appro~~e Amendment #3 to
Develapment Agreement 97-001, and approve Development Re~~ie~~~
97-401 «~ith Cond~t~ons
PlanrunQ Comm~ssian
Action Deadline Date September 28, 1997
SITE LOCATION AND DESCRIPTION
The location of this pra~ect, l~oi;~n as The Arboretum. ° is approxunately 12 7 acres m size,
and is bounded by Colorado A~Tenue to the north, Ol~~mpic Boule~~ard and the Southern
Pacific Railroad Right-of-Wa}~ on the south, Clo~-erfield Boule~~ard to the east, and 20th
Street to zhe «~est The proposed pro~ect is located ~n the middle partion of the site. and is
'~ n'' ~1 ~ 1'~
bounded b~- Coiorado A<<enue to the narth, and Ol~~mpic Boulevard to the south The pro~ect
is sited m both the Colorado and Ol~mpic Boule~ard Zones as descnbed on the Zone
Diaaram on file «~ith the De~~elopment Agreement {Attachment A}
Zoning District CS
Land Use District Special Office D~strict
Parcel Area i2 7 acres total;'Current Pro~ect 156.810 square feet
PROJECT DESCRIPTION
Proposed is a third amendment to the Development Agreement (hereafter "Th~rd
Amendment"") to remo~~e the six-stor~~ l~mtation far the development of multi-~ami14
res~dential housmg, as ~urrentl~~ required b~~ the Development Agreement Th~s Thzrd
Amendment is necessary~ for the proposed multi-famiI}~ housing pro~ect to be appro~ed
The pro~ect consists af a 2$5,492 square, 7-ston~, 351-umt apartment buildmg ~i~ith 9,500
square feet af around floor retail space. 7 le~~els of abo~~e-grade parkmg, and one le~~el of
basement parkin6 Build~ng and landscape designs plans are sub~ect to re~=1e~~~ and approti~al
by the Architectural Revie~zr Board
CEOA STATUS
The pro~ect has been previousl~~ assessed as part of tl~e re~~e«~ and appro~Tal of the
Deti=elopment Agreernent and amendments thereto ~n EIR for the Arboretum pro~ect ~~;~as
cerufied b~- the Citti= Counc~l an March 21. 1995
BA~KGROUND AND ANALYSIS
In December, 1987, the CitS~ CauncXl appro~~ed a De4 elopment Agreement to allow the
constructton of Phase III of Colorado Place Tlus aQreement allo~;~ed for the constructian af
a 27~,000 square faot hotel 96 feet in he;~ht. ~~-ith a 60,000 square foot subterranean health
club, and 770.490 square feet af commercial office space ui several buildm~s ranQing in
height from 57 to 84 feet The oE~erall proJect size «~as luni~ed to 1.~40.490 square feet, ii~ith
a floor area rauo {FAR} of 1 85 Subsequently. two Memorandums of Clarification were
appro~~ed in 19$7 and Amendment #1 to the De~~elopment Agreement ti~ras appro~ed m 1988
Additianall~r, in 1990 the Plann~ng Commission approved an affice building on the srte ~-hich
~;~as never built Smce 1991, the folloti~~ing approvals have been granted
-,
~
~: ~, ` ~ ~ ~
De~~elonment Re~~ew 9I-Q02 - Som~ Musxc Cambus
In May~ of 1991, the Plamm~g Commission appro~~ed Development Re~~iew 91-002 to alIo~~T
construction of 95.000 square feet of commercial office space m three buildu~gs {two and
three stories m hei~ht) o~~er a one-leE~el 232-space subterranean parking gara~e
De~elonment Re~~ie~~• 94-0~6 - Ralnh-s Market
In October 1994. the Plannmg Commission appro~;~ed a one-stor~~ supermarket wrth 209
parking spaces {10~ af ~~~hich are belo«- grade) E~~rth approx~mately 8,616 square feet of
warehouse area and 41,Q40 square feet of display, admimstrauve and service area This
pro~ect has been completed as a Ralph's Supermarket
A Second Amendment to the Development Agreement ~vas appro~ed concurrently This
Amendment resulted m the remo~~al of the hotel as a perm~tted use, added a aeneral
marketl~rocery as a perm~tted use. allo«~ed for multi-famil~~ residential housing. and ad~usted
buildm~ heights and square footage (See Summary Chart be~mn~ng an paae 7 for a
complete list of uses and FASF permitted b~~ the Second Amendment to the Development
AQreement} The maxunum allo~aable Floor Area Square Faotage (FASF) figures referred
ta later in th~s report r~flect the re~-ised figures frorn this most recent Development
A~reement Amendment
DR96-OQ4 - Court~~ard
Thts proaect, appraved in December. 1996 and kno~~~n as the Arboretum Courtyard, consists
af t~~~o four-stanT office bu;ldm~s totaimg 124,471 square feet o~~er a three-le~~el subterranean
parkinQ garage «~ith 487 parkmg spaces
DR97-00~ - Arboretum Gatet;~a~
A De~Telopment Review permit consisting of a 191,000 square foot, six-ston~ office buildmg
above a tl~ree-level. 625 space subterranean parkmg garage has been filed and ~s the sub~ect
of a separate hearing this eti~enin~
Lot Line Ad~ustments
Three lat lme ad~ustments ha~re been approved to date for the pro~ect site The purpose of
each ad~ustment r~~~as ta accammodate the desiQn and placement of each building on the site
~~~ithout ha~~ms buildm~s "straddle" over more than one property hne Although indn~idual
property imes ha~~e been ad~usred. the height lunits af each zone establ~shed in the approved
Zone Diagram stili apply Therefore. if a building is located in mare than one zone. that
building must still meet the height and floor limitations set forth in the De~~elopment
Agreement far each zone ~n ~vhich the buildm~ is located
-~
J
f1 iar ? I !.~ f
ANALYSIS OF REOUESTS
Pronased Th~rd Amendment to Development A~reement
Amendment #2 of the Development Agreement mcludes a"Zone Diagram" ~~~hich designates
five zones on the Artaoretum site «~ithm «~h~ch buildin~s ma~~ be iocated, and sets forth. for
each zone, max~num Building Heights for the buildm~ or bu~dmgs ta be constructed m that
xone Each zane ma5- cantain ane ar mare buildm~s. ho~~e~~er. an~~ buildtng constructed in
two or more zones is required to compl~~ with the buildFng height l~mrts set far each zone
The proposed pro~ect is located wrthin both the Colarado Avenue and Ol~~mpic Boule~-ard
zones The Colorado A~-enue Zone alloz~~s a maxunum five floors, w~th an oz~erall he~Qht of
70 feet (excludin~ alla«lable parapets and mecharucalistair«~e~l enclosures and screens}~ The
Ol}Tmpic Boule~~ard Zone allo«-s a maximum six floors r~~ ith an overall height of 84 feet
(excluding alloti~~able parape~s and mechamcalistairweil enclosures and screens)
Addit~anaily~, Amendment #~ of the De~~elopment Agreement states that no buildmg may have
a buildmg he~ght m excess of eighty four (84) feet or haj-e more than six stor~es
The apphcant seeks to amenc~ the Deti-elopment Agreement to remo~~e the maxunum lunits on
number of stories for mulu-famil}~ residential de~~elopment ~~hich has no commercial uses
above the ground floor, provided that the building height of the structure(s) does not exceed
the maximum allo~;~able buildmg he~ghts permztted in the current Zane Diagram The
proposed amendment is provided as Attachment B
Staff supports the amendment as proposed in that it ~~:ill not result in a change ~n the o~erall
square foota~e allawed for the pro~ect. nor «~~11 ~t alter the o~~eral~ hei~ht limits set forrh ~n
the Deilelopment Aareement for deti~elopment on the site Furthermore, having no lumtat~on
on the number of stor~es of multl-fanul<< resident~al de~-elopment as lona as the pro~ect meets
the averall building height limitations is consistent «~ith how residential development is
treated in other commercial areas of the C~t~~ Add~nonally, by allo~~~mg this amendment. the
pro~ect rs able to maximize the nu~nber of hausm6 umts to be built and still keep w~thm the
overall envelope allou~ed for the bu~ld~n6 under the De~~elopment A~reement Th~s is
consistent ~s~ith policies ~n the Land Use Element tiz~hich encoura~e the development of
housmg in commercial districts and allow this housina to be governed by applicable FAR and
height standards
At the time the origmal Development Agreement was executed. buildings for the pro~ect had
not ~et been desi~ned m order to accommadate the Property O«'ner's desire to respond to
market forces o~~er the term ~vithin «~hich the pro~ect ~vas to be constructed Therefore, the
City and propert~~ o~ti~ner establishzd certam de~~elopment restrictians ~n the Development
~
~~~- ;~^
,~
Agreement. and agreed to P~amm~g Commission re~~ie«~ of certarn aspects of each buildmg
to ensure compliance with the standards identified in the Development Agreement This
re~~iew is required prior to, and as a condition for, the issuance of any bu~lding permits for
each bu~ldin~ These aspects mclude the fallowm~
1 Building Heigh~
2 Floor Area Square Footage (FASF)
3 Building Volume Envelope
4 Number of Parkmg Spaces
~ Open Space
The De~~elopmeni A~reement and Amendment #2 also require ~he Planning Commission in
approving specific buildings to find that the placement of each buiiding and location of uses
on the overall slte are compatible ~~ith each other and relate harmoruousl~~ to tl~e surrounding
srtes and neighborhood. that the access pomts and internal circulat~on plan are adequate to
accommodate anticipated vehrcular and pedestrian traffic, that the design of the buildin~ ~s
pedestrian ariented and relates to the surroundin~ sidec~~alks and streets, the design of setback
and open space areas v~-hich are visible from the public side~valks and streets feature desagn
elements to enhance and connect the buiidin~s to the public streetscape, and that the design
includes an appropriate in~ernal pedestrian circulation system between the buildings on the
site Furthermore. Amendment #2 requires the residential pro~ect to be designed to ensure
the prt~-acy of all residents thraugh the use of screemng and buffering treatmen[s of the
different uses
Buildm~ Des1~n
The residential portion of the proJect is se~~en stories high. with ~ust under 9400 square feet
of commercial retazl space aIong the Calarada Ati~enue fronta~e The retail space is
articulated by squared av~~nmg structures «~hich echo the building features of the ad~acent
Ralph's supermarket, as «ell as the red stone arcade portions of the proposed Gatewa~~
pro~ect Th~s squared-aff design element 1s also used for the parte-cochere on the drive~~a~~
access from Calorado Avenue, ~;~hich pro~~ides covered access to the leasmg/admuustration
build~ng and clubhouse at the eastern slde of the pro~ect site, as ti~~ell as in the framm~ of
baicany areas along each facade The buildmg's t«~o mterior courtyards also m~rror other
port~ons of the development, such as the Twentieth Street off'ice builduigs (Cour~yard}. «h~ch
contains interior court~~ard areas as well as pedestrian links to nei~hboring parcels
The build~ng's skm is proposed to be stucco. ~;~~th articulated planes and colars providing the
main components of the buildmg's styling Screen design elements. parapets, and railmgs
have heen zncluded to disauise rooftap boilers. ~nechamcal equipment and satellite dishes
As discussed later in the Buildmg He~ght section, some of the proposed screen elements and
pro~ecun~ design features do not meet the l~mrtat~ons imposed on bui~dmg heights The
appl~cant is a«are of these limltanons, and has proposed to ~~~ark together w~th staff to resol~~e
~
~r ~ ~~~ h ~
these issues and ensure compliance grior to submittin~ the pro~ect for design approval b~~ ~he
Architectural Re~lie«~ Board
C~r~ed tov~er features are proposed for the corners of the buildin~s (~~~ith the exception of the
parking ~arage) ~vhich a~a~n echo one of the promment desian features of the nelghboring
Gatewa}T office buildin~ proposai, and pravide additional ar[ic~lation and camouflages the
buildmg stair«-ells/elevator shafts The garage portion of the structure which frants on
Ol}~mpic Boule~~ard features a stuccaed wall ~~~ith small vertical opemngs near the top which
pro~ ide consistenc~ with the neighborm6 Ralph's on the east side Four levels of planter
baxes are proposed to mask the parking garage «~a~l on that ele~=atian
The 4d-foot setbac~C area from the building to the curbline alon~ Colorado Avenue is
described on the proposed landscape plan as the "Calorada Street Residential Plaza" and
incarparates trees, pa~~ing and landscaping to soften the buildma frontage as viei~~ed from
public street and sXde~~alk areas The ground floor retail component of the pro~ect
encourages gedestr~an traffic. particularly alon~ the Colorado Avenue frontage
Build~n~ Heiaht
The proposed pro~ect is lacated an t~~~a separate zones - the Colorado Avenue Zone, and the
Qlympic Boulevard Zone The Deaelopment Agreement allot~ s indn~ iduai buildings to be
located in more than ane zone prov~ded that the buildmg complies ~;~rth the max~mum b~ildzna
height limitation for each zone m ti~~hich the buildmg is located The hei~ht limzt for the
Colorado Avenue Zone is 70 feet «~ith a maxunum of five floors. and the height iuntt far the
Ol~~mpic Boule~ard Zone is 84 feet ~.~jith a maximum of six floors The maxunum building
h~ight, as measured from a~~eraEe natural ~rade is 65 5 feet As proposed. the pro~ect meets
the overall buildmg he~ght l~m~ts (t~~ith the e~cept~on of parapets and roof enclosures, as
discussed m the foIlow~ma paragraph), ha~~~e~7er, the number of stories does not comply ~vith
the current De~~elopment Agreement limitations on number of stories As pro~~ided ~n the
discussion regardmg the proposed Third Amendment. Staff supports the remo~~al of the
number of stories lunitatian for multi-family residentxal de~relopment in that the o~-era11
buildmg height lnnit v~~~ll be mamtamed Therefare, sub~ect to Crt}~ Council approval of the
Third Amendment, the proposed pro~ect «~ill complS~ ti~~lth the b~ilding he~ght requ~rements
The De~~elopment Agreement also pro~-ides excepnon5 to the buildin~ heights to the extent
permitted by Crt}~ zomnQ la~~~s m effect at the time of the pra~ect appro~~ai These mclude
parapet walls. and enciosures for mechanicai equipment and sta~rs The area of ail enclosures
are lim~ted to 12 feet abave the height permitted m the d~strict, {except for ele~~ator shafts and
starnx~ell enclosures, ~~~hich may extend 14 feet abo~~e the perm~tted Y~e~~ht), and are limited
to 25 ~ of the raof area. Screenmg and parapets, along «~ith the building and landscape
desi~n, are sub~ect to re~=ie~~~ and appro~'al b~~ t~e Architectural Revre~{~ Board Based on the
plans on file. the pro~ect does not appear to meet all of these requirements in that parapet
walls, railmgs, and design elements e~ceed the ma~~un~m permit[ed helght b~~ more than 42"
6
+il M~ ii ~3 ~;
Staff has proposed a condition {# ) ti;-hich requires that the applicant present elear e~~idence
that the pro~ect meets the Code requ~rements related to building height pro~ections prior to
submittal for Architectural Re~:ie~~~ Board re~~ze«~
Floor Area Sauare Faotage (FASFI
For the residential camponent. the De~~elopment Agreement allo«~s a total of 895,490 FASF
for Multifamil~~ Residential Haus~ng. minus the square,footage used fvr other uses The
Development Agreement also requires a"last building" analysis to ensure that the total
Colorada Place Phase III development does not exceed the allo~~~able sq~are foatage To
date, the Planning Conunission has approved the fallowm~ square footaae allocat~ons
Maximum Al1o~~~able FASF for
Multi-Fam~ly Residential Housing 895,490 - s f used for other uses
Uses BuiltlProposed Ralph's Supermarket
("other" use} ~0,000
Sony Music CampuS
{office use) 95.000
20th Street Zone [Courtyard]
(office use) 124.471
Gatewa~~ (proposed pro~ect) 191.400
Lincoln Properties
Retail Portion 9,50~
L~ncoln Properties
Qffice/Ad~run (clubhouse} 5.522
Total 475.493
Max Allat~~able 895,490
- 475_493
FASF A~ailable for Hous~ng 41.9.997
FASF Propased for Housmg 285,492
The proposed 285.492 FASF praposed for multt-famil~~ residential housmg use falls ~~ithm
the 419.997 sq ft remaimng available for that use
Buildin~ Volume En~~elqpe
The proposed buildmg frants both Co~arado A~~enue and Olympic Boule~~ard As defined m
the Development Agreement, the Building Volume Enveiope determmes setback requirements
frorn a theorencal vertical plan rising from each Curb Lme Section 9(e) of the Development
Agreement, as amended states that
7
~~ ~~f~
I~~ build~ng shall pro~ect belond the Bu~ldang Vol~e
Envelape except that this restriction shall not apply ta any
building ti~~ith a Buildina He~ght o~~er ~7 feet ~vhich is set
back at least 40 feet from the Curb Lme
Suildmg Heights along both the Ol~~mpic and Clo~erfield fronta~es are proposed at 65 5 feet.
as measured from A~rerage Natural Grade to tne fin~shed floor of the roofdeck parkmg area
As the builduig heights are o~~er 57 feet, the buildmg setbacks along Colarado A4enue range
from 44 to 42 feet, and the setbacks a1on~ Olympic Boulevard range fram approxima~ely 5~
feet to appraxunately 90 feet (where they abut the railraad right-of-way}, the Buildina
Volume En~~elope restrictions do not appl~~ to the pro~ect
The 40-foot (and o~~er) setbacks also pro~~ide compatibilit~~ «~ith other appro~~ed buildings on
the site, including the Sony Music Campus, the T«~entieth Street Zone office build~ngs, and
the buildina under consideration for the Ol~~mpic!Clo~~erfield Zone, as these buildings also
ha~~e sigmficant setbacks, rather than stepbacks at van~rng height levels ~~h~ch ~~;~ould be closer
to the curb and as a result ~z~ould pro~~ide Iess useablz open space This generous setback
Theme creates addrtional open space bet«-een the buildmgs and the public sider~~alks and
streets which lme the perimeter of the Arboretum site
ParkznE Snaces. Access. and Circulation
Under the parking requ~rements for the Development Agreement required parking for retarl
uses is 1 spacei300 s f of floar area Parkmg for the residential hausing portion is sub~ect
to the requirements af the Cit~~'s zomnq ordlnance These requiremen~s are c~emon5trated
below
G~~ De~elonment ~~reement # Spaces Reauired
Retail-9500 s.#'. 1 space per 300 FASF = 32 spaces
~~Iulti-Famil~-
Resideatial V ~2 1 bd loti;°Imod C 1 space per um[ = 52 spaces
3a1 i;~nits 138 1 bd @1 ~ spaces per unrt = 207 spaces
43 2 bd lo~~~imod Ca` 1 5 spaces per umt = 6~ spaces
lOQ 2 bd un~ts ~a 2 spaces per unit = 200 spaces
19 3 bd umts @2 spaces per unit = 38 space5
Visitor spaces C 1 space per 5 umts
(applies to enure pro~ect)
351 umts 9 5
8
= 70 snaces
~x ~- ra ~ -~
,
TOTAL PARKI~G REQUIRED: G64 spaces
(40% ma~ compact = 2b6 spaces)
TOTAL SPaCES PRO~'IDED: 4~2 standard
(~0% mas compact = 301spaces} 753 spaces
~ccess to the gara~e ~~°ould be taken from Coiarado a~~enue. ~~~here a 28-foot ~;~de dri~.~e~~~a~•
exists bet«een the apartment buildin~ to the .~~est, and the office 6LUlding and Ralph's m.arket
on the east The access pomts and ultertlal c~rculation plan ha~~e recen-ed prelirninar~- appro~~al
fram the Crt~~~s Parkm~ and Traftic Di~°ision, and meet the number of spaces required b~- the
City "s Code In additian. the right-of-«~a~~ dedications proposed bt- the applicant, incl~ding the
s~de~ialk areas. ha~~e been ret~ie~~-ed b~~ and recei~~ed preliminar~- appro~-a1 fram the CitF~~s
EnE~ironmental and Public ~'l'ork5 Di~-ision Therefore, the access and parking are cans~dered
to be adequate to accommodate anticipated automobile and pedestrian traffic for the praposed
uses
Open Space
The Det•elopment :~green7ent limrts the a~gregate square footaae of the at-grade footprints of
all bu~~din~s in the ProJect to fft~ perce~tt (~0°/a) of the to#al square faatage of the Rea1 Propert~-
(i e. shall not exceed 28I,21~ sauare feetj Lot co~~erage for the proposed pro~ect totals 31%
for the parcel an ~~~h~ch it is situated The o~~erall ~0°io open space requirement is met for the
entire site in that the total open space «°hich ~~~ould remain after de~-elopment of this pro~ect
~~~ould be t~~ould be 68% To~ether ~;-ith the application concurrently~ under re~~ae«~ for the last
remauunn un~lei~eloped port~on of rhe Arboretum s~te (a 191.Q00 square foot office bulldmg on
the Colorado~`Cla~-erfield Zonej. the o~~erall ma~imum lot co~-erage of ~0% for the Arboretum
srte ~;~ill be met in that the co~~era~e is proposed for ~8% «-hen all pro~ects are complet~d, ~~7th
total building footprints adding up to 200.0~6 square feet
The residential and parking portions of the building ha~-e been destgned around t«-o interior
court~~ard spaces Althou~h the l~uildang and landscape designs are sub~ect to re~~~e~; and
appro~~a1 b~~ the Archrtectural Re~~ie«' Board, the plans d~monstrate that interiar apartments «-i11
enJo<< ~~ie«~s of t~e courtc'ard areas The sitxng of the parking ~arage at the southeastern corner
of the parcel bet«~een the admmistration•'clubhouse portion of the residenual de~Telopment and
the supermarket pro~~ ides screenin4 and bufferin~ from the truck deli~~ en~ areas far the market,
and also separates the residential use erom shopper traffic and noise Because the residential
portions are separated from. the ~iei~hboring office building b~~ the administration~'clubhouse
buildm~ and the residential dn~~e~.z~ay~ and parl~ng areas. the residential units «.~ll be a mirumum
distance of o~-er 1~0 feet fro~n the proposed Gate«-a~- office building On the ~~-est side. the
residential umts are separated from the T'~i-entieth Street Zone office b~.ulding b~- a minimum
9
.~ ~.; ~,• ~ -,
`•)b~,
distance of 35 feet Although side~~ard setbacks are not reyuired. the easterr~ side~:~ard setbacks
range from 10 feet to ~ust o<<er 40 feet. and the t~~estern side~~ard has a setback of 20 feet
Internal circulation issues for thrs propert~• ar~ someE~~hat dtfferent than the e~isttn~ and
proposed commercial office and supermarket uses in that the ma~orit~~ of the s~te is residenual,
and therefore required to be buffered from ad~acent uses ~~-hich ma~~ be de~nrnental ta the
pri~-acy~ of the residents Ho«~e~-er. on the parcel rtself, the design of the pedestrian circulation
pro~~zdes for ~~~ide side~;~alks and landscaped frontage on the Colorado A~~enue side. ~t~th access
ta the reszdential structwe at se~~ eral po~nts on each s~de of the build~ng The couri}-ard areas
can be accessed bi- residents frotrz pomt alan~ intenar hall~i~a~~s or ~hrou~h the clubhouse Open
space areas around the buildin~ are accessible b~~ side«-alks along the interior boundaraes of the
site In add~tion, the applicant has ind~cated that the area bet~~.-een the pro~ect and the office
buildings to the «~est ~i-i11 be more articulated at the time of Arclutectural Re~-ie~~~ Board rel-ie~;~.
and «~ill include ciesi~ns «-hich enable better pedestnan use for the side~•ard ~rather than simpl~~
pro~~idin~ trees}, and «~ill pror~~ide a better transition bet~ieen the t~~~o properties than the L-
shaped side«~alk currentl~.= propased at the mid-pomt of the side propert~~ line
Addrtional Onen Snace Reau~rements
The Second Amenrlment to the De~~elopment Agreement also requires that the multifamilt~
residential component of the prQ~ect pro~~ides useable common open space, children~s pla~~
areas. restrictions for refuse storage and locarion, and pnvate open space
The pro~ect is required to inc~ude a minzme~m of 100 square feet per unit of useable common
open space accessible and a~~aila~le to all pro~ECt residents :~s ti~e de~-eloptnent has 3~1 un~ts_
3~.1fl0 square feet of open space is required. and met as follo«-s
Poo1 Caurt~-ard 14.919
Spa Courtvard 11.67b
Rear Yara ~.200
Front Yard%S~tback Areas 8,~~0
Total 3 9,31 ~ square feet
A children's pla~~ area is required for res~dential de~'elopments ~t-ith more than 100 unrts The
Dez-elapment :~~rzement rec~u3res that the size of tl~is area zs s~bject to approi-al b~~ the
Plannitig Gommission The generall~- accepted standard far child pla~~ areas is based on the
requirement useci for chald care centers. «~hich is 7~ square feet of autdoor acti~~it~~ space per
chiid Of the 3~ 1 units proposed. 162 axe 2 and ~-bedroom units t~'orkzng under the
assumption that 30% of these units «-ould include a child under the age of 7. a children's pla~-
area for appro~imateli~ ~9 ch~ldren totaling 3,64~ square feet {49 s f a~ 7~ square feet per cluld)
shauld be pro~-ided To allo~~~ for fle~ibilrt~-. staff recommends that an arza «-ith a min~mum
size of 4,OQ0 square feet ~e set aside for the area, m the location designated as the "Sun Garden
10
~~ !~~a.i
Plai~ l~rea'~ on Sheet L-1 of the proposed plans Condition ~~4 is proposed ta meet this
requirement
Pri~.~ate open space is required at the rate of ~0 square feet per umt. ~~~ath a mimmum af 7 feet
in an~- dimension This space ma~- be m the form of a deck. l•ard. pano. or combination thereof
«hich is ad~acent to. accessible from. and at the same or approximate ele~~ation as one or mare
primar~~ space Se~~en dit~erent unit t~~pes are proposed, each of «•hich has a prn-ate balcan~~
Sax of these unit t~~pes meet the mmimum d~mens~ons and square #ootage requirements
Hoi~°e~~er, there are ~~ 1-bedroom:`1-bath units «~ith b.i square foot balcomes that are onl~- 6 feet
deep. and therefare do not meet the mimmum 7-foot dir~ension The applicant has indicated
that this ad3ustment can be accommodated Condition ~55 has been proposed to ensure that this
ad~ustment ~s made prior to submittal of the plans to the :~rchitectural Re~-ie~t~ Board
PUBLIC ~ OTIFTC ~TI41~
Pursuant to the requirennents of the De~~elopment ~greement, notice of the pu~Iic hearing ~.;-as
pro~~ided in accordance ~~-ith the Cit~-'s procedures for De~-elopment Re~~ie~~~ applications
VLTithin 30 da~~ s after the sub~ect application ~.~-as deemed complete, the applicant posted a si~n
on the propert~- statina the follo«~in~ information Fro~ect case number, brief pro~ect
description. name and telephone number of applicant, site address. date. time and location af
public hear~ng, and the PlanmnQ and Zonma Di~~ision phone number
Iz~ addrtion, notice af the publac heaxina ti~°as mailed to all o«~ners and residential and
commercia~ tenants of propem~ located «~ithm a 500' radius of the pro~ect at least ten
consecuti~~e calendar dat~s pnor to ~e hearmg A copy of the notice ~s attached to this Staff
Report
COI~CLUSIO~
The Plaiuung Gommission is requested to take t~~o separate actions on this pro~ect The Third
~rr-endment requires appro~~ al pnor to consideration of the De~~ elopment Re~~7e~~~ permit, as the
number of stones proposed does not meet the limitations of the De~~ elapment ~greement Staff
belie~~es that the Tllird Arriendrnent is appropriate. as lifting the cap on the max~mum numbers
of allo«~able floors ~t~ill not incr~ase the overall ma~imum building height, or i~711 it result in
an increase in square footaQe on the site from that allo~;~ed under the De~~ elopment Agreement
`T~T~th re~ard ta the multi-farnil~' residential housina component ti~~th ground flaor retail and
seven-stor~- parking Qara~e, staff belieti~es that the pro~ect meets the de~~elapment standards of
the Dez~elopment Agreement (building heights, floar area square footaae, buildmg ~olume
envelope, number of parking spaces and open space) .1~°ith the exception of the number o#
stories lrmitation ~~~hich is sub~ect to appro~-a1 of the Third :~rriendment, and the pro~ections
~i~hich e~ceed the allo~~~able building heights. «~hich the applicant has agreed to redesign prior
to submittal of the pro1ect for consideration b~~ thz ~rchitectural IZe1~ ie.1~ Baard In addition.
11
~~ 'rii
_ 1
the proposed building pIacement and uses are campatible ~.~ith on-site and surraunding
neighborhood uses, pubhc ~ ie«,~shed areas are pro~~zded_ and adequate pedestrian and t-ehicular
access is pro~~ided
REC01~4'~1E~DATIQN
It ~s recommended that the Plannin+? Comtnissian recommend appro~~al to the Cit~- Gouncil of
the proposed :~mendment to the De~~ elopment Agreement (DA 97-001) for 2200 Colorado
A~~enue pursuant to the findzngs contained belol~~. and appro~-e De~~ elopment Re~°ie~i- 97-001
pursuant to the findmgs and subject to the candttions cantained belo~~~
FI'r DNGS FOR ?~TEND~~iEl~ I~3 T'O DEti'ELOPI~•TEI~ T' :~GREE~~IE~T
1 The propQSed De~~elopment AQreerr;ent Amendment ~s consistent ~;-ith the ob~ectives.
policies. qeneral land ~ses and programs specified Fn the general plan and an~~ applFCable
specific plan_ in that the proposed amendment to remo~~e the limrtation on ma.~imum
number af staries for multifamil~~ residenhal housing de~~elopment is consistent «~ith
Land LTSe arid Circulation Element Policies 1 10 2 and 1? 1 n~hich state that the Cit~-
shall "allo~~~ res~dential uses in all commercial districts" and that the Crt~• shall
"encourage residenual mi~ed use of appropnate commerciall~~ zoned parcels" Further.
the arnendaCnent is cons~stent «-rth Land Use and Circulation Eiement Ob~ecti~°e 1 10
«-hich reqLUres the e~pansion of apportumties for ~'residential land use ~;~h~le protecting
the scale and chaxacter of eYistmg neighborhoods" In addition, the amendment ~s
conslstent «~ith current Zoning Ordinance provisions that do not limit the number of
stories for de~~elopments ~~~ith a least one floor of residentiai use pro~~ided that the
maximum district hei~ht is not exceeded
2 The praposed De~,~elopment :~greement ~mendment ~s compatible ~irth the uses
authorized ~n the district in «~hich the real propem~ is located, m that the sub~ect
propert<< is a 1? 7 acre srte ~y~hich is currentl~° go~~erned not b~~ ~omn~ Ordnance
standards. but b~- the pro~-~sions of a De~-elopment Agreement ~i-hich hecame effecti~-e
on December 16. 1987 and «-as amended on December ?8. 19$$ and on Jult- 7. 199~
and ~ti~hich allo~;~s office. restaurant. neighbarhood commercial, supermarket. and
residential uses at the site vo chan~es to the uses as approt-ed b~- the De~~eiapment
~~greement are proposed
~ The proposed Det~elopment Agreement Amendment is in confarmrt~= «~th the public
necessit~~, public convenFence, general ~;-elfare, and good land use practices in that the
.~mendment does not alter the characteristics of the proposed residential project in an~~
«.~a~- other than to rerno~~ e the limrtation on nuniber of stories ~~-hile still retaimn~
12
,~ ~ i~ ~ ~
existm~ De~-elopment agreement requirements on ot-erall building he~ght, buildmg
volume enti-e~ope. and floar area and the propased de~~elopment is consistent «.~th the
Land L;`se and Circulation Element of the General Plan
4 The proposed Deti~elopment Agreement ~,mendment ~.~ll not be de~rimental ta the
heatth. safet~~ and ~eneral ~i-elfare in that rt ti~•711 allo«- the dez-elopment «~hich is
compatib~e «~th other uses perm~tted ~n the ~-icinit~- and on the Arboretum pro~ect site
to praceed as contemplated ~n the ori~inal De~~elopment ~~~reement ~~~ith
implementation of the mitiqation measures identified in the Ftnal EIR
The praposed Deti-elapment ~greement :~mendment «~ll nat ad~~ersel~- affect orderl~~
de~-elopment of tlie propem~ in that no changes are proposed to tl~e permittect land uses
or de~~elopment standards relating to o~~erall building height. buiiding ~~olume enti-elope
or floox area. established b~ the e~istin~ De~•elopment Agreement and the pro~ect is
consistent ~~~ith the ob~ecti<<es and policies cantamed in the Land Use and Cixculation
element
6 The proposed De~~elopment A~reement Amendment ~iill ha~-e a positi~~e fiscal fmpact
on ~the Cin~ in that the completed pro~ect ~~~zll be sub~ect to ali standard fees, and taxes_
including but not limrted to properts- tax. business license ta.l. utzlit~- tax. and to other
fees included m the A~reement ~~-hich ~~-i11 generate substantial re~~enues for the Crt~-
FINDII~ GS FOR DE~'ELOP~~iE'VT RE~'IE~,[~ 97-001
The placemen~ o~ the propased niulti-familti~ residential de~~elopment ti«th ground floor
retail use on the Real Propert~- and the location of the praposed uses (multi-family
residential and commexcial'retail) ~~~thin the build~ng are compatibie ~t~ith, and relate
harmoruousl~' to. surroundin~ sites and neighborhoods in that cansideration «~as gi~~ en
to the srtm~ of the buiid~n~s to pro~~-~de adequate buffering bet~~~een uses such as the
residential and shoppmg components. and the office and residential components L"ses
surroundmg the enhre pro~ect site mclude industnal, religious. and office (~ncludmg the
Department of ~~iotor Vehicles) to the north, an office de~-elopment to the east (the
~~'ater Garden), office and industrial uses to the south. and oftice uses to the «-est
Gi~~en the mix of uses on the srte and m the surroundang nei~hbarhood, the large setback
areas bet~~een the buildings and the streets. and the massin~ of the structures both on the
srte and surroundmg the site (ti;~hich range from sin~le stQn~ buildmgs to six stories ), the
propased uses and siting are compatible ~j~rth those ~i~hich are existin~
2 The access pomts and internal circulation plan are adequate to accommodate antxcipated
autamobile and pedestnan traffic for the proposed bu~ldmg in that the Colorado parkin~
access has recei~-ed prelimman~ appro~~al. and is subject to final re~~ie~.~ and appro~~al
b~~ the Cit~-'s Parkin~ and Traffic Engineer, and the srte plan demonstrates that the
commerc~al frontaQe along Colorado A~~enue encourages pedestnan acti~it~~. e5peciall~-
1~
r~~ ~~~
~
fronn the ~rlaoretum residential and office use camponents, and that the interiar
court~-ard spaces encoUrages pedestnan acn~~iti~ for residents on the srte bv pro~~iding
semi-pri~~ate recreational open space. as «~ell as a means to access the clubhouse and
retail portions of the site
3 The building height does not e~ceed that permitted b}~ Section 9(bj of the Development
:4greement in that the buildm~ comp~ies «-~th the 84 faot height lmiit m the Ol~•mpic
Boule~-ard Zone. and the 7Q foot height limit of the Colorado A~~enue Zone_ ~~~ith the
e~ception af architectural features such as parapet E~~alls. rail~ngs. and ~-ert~cal design
pro~ects, «-hich shall be required to complt- «~ith required buildm~ heights prior to
submittal to the Architectural Re~~ie~~ Board for re~-~e~~~
4 The setback requirements of Section 9(d) of the De~~eiopment Agreement are complied
~~7th for the proposed buildins in that the building meets the minimum 20-foot setback
base lme reqwrement m the setback rati~es from 40 to ~2 feet from the curbhne (and 2~
feet from the propert~~ line} on the Golorado frontage. and ranges fram approximatel~-
~5 feet to approKimately 9a feet from the curbline (and 20 feet from the propert~-lme j
alona the 01~-mpic fronta~e ~~~here the propert~- abuts the railroad right of ti~-a~~
~ The proposed build~n~ complies ~.~-rth the Buildmg Volume Ent-elope restriction of
section 9(e) of the De~~elopment A~reement in that the ma~:imum height of the buildina
on the Calorado and 01~-mpic frQntages is over ~7 feet. and is set back a mimmum of
~~ feet from the curh ]me alnng hoth frontages
b The number of parkin~ spaces required by~ Section 9(fl and E~hibit C of the
Deti~elopment Agreement are bemg pro~~ ided in that 6b4 spaces (ma~imum 266 compact)
are required and 733 spaces (masimum ~O1 compact) are proposed
7 The a~gregate floor area square footage for each use on the Real Propert~- in a~l
buildines pre~~iousl~~ approi-ed under Section 9(1) of the De~~elapment ~greement, and
that being praposed, compiies «7th Sechon 9{~) and 9(z) of the De~-elopment
Agreement «~ith respect to the last buildin~ to be submitted for revie~.~- in that the
proposed available Floor :~rea Square Footage (FASF) for multifamil~- residential
hous~ng is ~19.997 square feet. and the propased pro~ect has a~ASF of ?S~_492 square
feet, «hich ts less than the 419.997 FASF remaimng a~~ailable for deti~elapment for
affice and other uses
$ The lot coj-era~e ~~~711 not e~ceed the maximum ~0% permitted for the entire pro~ect in
that the sum af all pro~ects appro~~ed and praposed for the entire :~,rboretum site.
mcludinq the sub~ect pro~ect. ~~~ill result in lot ca<<erage of 38%, n~ith a building footpnnt
total of?00,006 square feet, «~hich is under the ma~unum per~mitted 281.? 14 square feet
CO\DITIOI~TS FOR DEVELOPl~1E~1T' REVIE~[~' 97-001
14
~~; f~~~
Condiuons
1 The applicant shall prol~ide fundmg u~ an amount not exceed 575,044 far the design
and mstallation of updated intersecuan si~nal equipment as part of the Crt}~ 's
centralized computer signal control s~~stem for the mtersection of 20th Street and
Broadti~=ay~ This will mclude a ne~~ signal controller. ne~~ si~nal poles. mast arms.
srgnal head and interconnect as determmed appropriate b<< the Crt~r's Traffic and
Parkmg Engineer Notwithstanding the foregomq ho~~:~e~•er, the appixcant shall. in
accardance w~th the DeveIopment Agreement, be~entitled to request preparation of
additianai en~~ironmental analt~ses, at the applicant's expense. to determine whether
a proposed development scenario whtch dzffers from a development scenario i~-hich
«~as st~tdied m the En~~iranmental Impact Reparts prepared for the pra~ect «~ould. in
fact, create a s~gmficant enEj~ronmen~al irnpact on th~s mtersection ~~~hen compared to
the ~mpact whrch i~ould ha~~e been created b~~ the uses permitted m the Development
Agreement and identified in the Final EIR relat~n~ to Amendment Number T«lo as the
"existmg De~elopment Agreement ~ If the applicant makes such a request and
submits the necessar3~ funds to pay for such add~tional enviranmenta~ anal}~ses, the
Cin~ shall cause such addltional en~~ironmental anal~~ses ta be prepared ~nd circulated
for public comment to the extent requ~red under the Califorma En~~ironmental Qualit~~
Act If such add~t~onal environmental anal~rses are prepared, the~' shall be presented
to the Plannmg Cammissian for rez=iew and the applicant shali be required to mitigate
those si6mficant adverse environmental impacts. if an~ . ti~~hich the Plann~ng
Commission, or the Crt~~ Counc~l on appeal, finds are pro~ected to result fram such
proposed developrnent scenano which «~ouid not be pr~~ected to ha~~e resulted from
the `'existinQ Dez-elapment Agreement "' In order to ensure the improvements are
compieted. prior to huildin~ pernut issuance a cashier's check or cash depasit an
escro~~~ from the appl~cant m the amount of ~75,400 shall be requlred Any cost
savings ~,~~ill be reimbursed to developer upon completion of improvements
2 E~:terior «~alls and roofs shall be finished ~lith light-colored materials with high
emissavin= characteristics to reduce coolmg loads Interior walls shali be fimshed «j~th
light-colored materials. e~cept ti~~here dark coiors are preferable for aesthetic effect,
to reflect mare h~ht and thus increase laghtzna efficaenc~~ A performance check of
the installed space conditiorun~ shall be completed b~r the developer/installer prior to
issuance af a certificate of occupancy to ensure that energy-efficienc~ measures
mcorporated mto the pro3ect operate as designed Heat-reflective drapenes or other
co~~ermg shall be installed an appropriate e~posures Bu~lt-in appliances, refr~~erat~rs
and space-condiuorung equipment shall exceed the mmunum eff~ciency levels
mandated in the Califorma Code of Regulations The applicant shall consult with the
Southern Cal~fornia Edison Company and the Southern California Gas Company
regard~g any other feasible ener~r conser~;~ation measures that could be mcorporated
into the des~~n of the Pro~ect
1~
:~~~ :~r4
3 The applrcant shall comply t~~rth the applicable pro~>isions of I~oise Ordmance Na
1638 {CCS) of the Santa Momca Mumcipal Code and with the Crtv of Santa Manica
Construction Hours 4rdinance The appl~cant shall enter ~nto a construction r~uugation
plan with the City 1n accordance ~~lith customar}~ City policies prior to zssuance of a
buildmg permrt
4 To mmimize excessive light and Qlare. buildm¢ exter~ors shall utilize lo«~ reflectance
materials M~rrored glass and other lughl~~ reflective buildmg materials shall not be
utilized on the exterior of buildings AII outc~oor ltehting other than idennfication
signage shall be directed from the per;meter of the propzrt}~ tav~~ard buildin~s and
park~ng areas utilizmg cut-off fixtures to preti~ent n~ghtt~me illum~nation to spill onto
adJacent properties and residential uses on-site Exteriar buildmg courts and corridor
illummating shall be desi~ned to mmumze intrusrve glare on ad~acent land uses Lov~~
level securit~:~ lights shall be used along drn~ewa~~ entrances Plant materials, shade
structures and other architectural design features shall be used, ~z7here appropriate. to
decrease reflecnvity of hardscape and l~aht and glare tow~ard ad~acent land uses
5 The pro~ect shall compl~~ «~ith Ordinance 1506 (CC5), the Sprinkler Ordinance, to
ensure adequate fire pre~enuon in non-resldential structures
6 Atternpts shall be made nat to obstruct an~~ of the surro~ndmg streets during the
construct~on period All construction equipment and materials shall be kept on the
pro~ect site to avoid obstruction of traffic circulation. especially durmg traffic peak
hours As required b~~ the City of Santa Moruca Fire Department, access for fire
equipment shall be maintained durmQ construction
7 The applicant sha11 work «~ith the Police and Fire Departments of the C~t~ on
building/complex design to assist ~~ith emergenc~= access to the site anc~ on facilit~~
design m terms of "target hardemng" a~amst cr~m~nal actnTin~ for both resident~al and
commercial desi~n Entr~~ti~~ays, elevators. lobbies and parkmg areas shall be well-
~llummated and desi6ned ~~:ith mmunum dead space to elimmate areas of concealment
S The Pro~ect shall compl~~ ~~-ith the City's No ~'Vater VG~aste Ordinance (No 1527) and
Ordinance No 15i3, to the extent such ordinances are applicable to pro~ects of
comparable type and size Efficient irriQation sy~stems shalI be installed to mimmize
runoff and e~laporauon and maximize the progortion of ~;~ater available for use b~~
plant materials m landscaped areas ~~'ater conser~-ing landscaping utilizmg drip
irri~auon and approprtate mulchme to retain so~l maisture to the soil shall be used in
all common areas and encoura¢ed else~vhere ~~~ithm the Pro~ect If a~~aila6le to the
Pro~ect, reclanned ti~,~ater shall be uulized as a saurce to irrigate lazee landscaped
areas Drought-tolerant, la«~ v~~ater consuming plan ~~ar~eties shall be used on site to
reduce irr~gation ~;~ater consumption None of the faregoing shall be applicable to the
16
-V ~ ''
! - 7 .;
extent that Pro~ect utilizes the exist~ng ~x~ater treatment plant located on the Propern
to obtain water for irrigation
9 Infoimation shall be pra~~ided to residents and emplo~~ees of the pro~ect b~~ applicant
abaut the recyclinE ser~~ices ~n the area Buy back centers and possible markets for
recyclables m the area shall be idenufied Rec~~cling ~lass, metal, paper, cardboard
and other materials to the maximum extent feaszble shall be suggested ta residents and
business Adequate space shall be pravided per current Cit~~ specifications for on-site
trash and rec}rclable coilecuon,'separation
10 Prior to issuance of a building permit for the pro~ect. The applicant shall submit an
analys~s to the Ctt~~'s Department of Environmental and Public ~~rorks Management
demonstratmg that the desian of the proposed structure{s) wzll result in a ten percent
energy eff'icienc~~ mcrease oti~er the life of the structure(s} abo~~e the req~irements of
T~tle 2~ of the California Bu~ldmg Code, to the extent such increase can be
unplemen~ed on a cost-effect~ve basis measured o~~er the l~fe cy~cle of the structure(s)
11 Prior to tl~e issuance of any demolition permrt v~ ~th respect to development on the
Prapert~~, the appl~cant shall fite a demolition materials rec5cling plan for approval
by the Department of En~~ironmental and PublFC Works Management ~~,~hich seeks to
maximize the reuse/recycling of exist~ng building materials Priar ta the issuance of
any~ buildmg perrn~ts ~~ ath respect to development on the Propert~-, a constracuon
materials plan shall be filed for the appro~ral of the Department of Environmental and
Public Warks Mana~ennent «~hich seeks ta maximize the reuse!recyclmQ of
construction u~aste. and to maximzze the use of the rec~~cied and enti~iranmentall~~
superiar buildmg materials ~ r
12 The applicant shall pay the City's applicable se«~er cannection fee subject to the
follau=ing requ~rements
a To the extent v~~aste~~~ater from floor area of ne~~- construction of the property~
is treated at an on-site seticage ueatment system and recirculated for use in
landscaping, decorauti~e «~ater features and,`or flushmg of toilets and urmals
(m each case, ~~~hether on-site or off-srte}, the applicant shall pay a sewer
connection fee af ten percent (10!} of the generally applicable sewer
connection fee for such floor area prior to bu~ldmg permit issuance
b To the extent v~-aste~y~ater from floor area in ne«~ construction of the prapert~~
~s used for multifamily residential housing (whether ~r not used for
commerc~al purposes}, ar other uses ather than General Commercial Office
is nat treated at an on-s~te sew~age treatment s~rstem. the applicant shall pay
the ~enerall~~ applicabie sewer connection fee for such floor area prior to
building permit issuance
17
~ ~o ~ ~ ~
13 All dramage fram the properEy must drain to the one or more of the public streets
boundi~g the propert~• or directl~:~ mto a public storrt~ dra~nage s~ stem in a
manner appro~~ed b}~ the Department of En~~ironmental and Public Works
Management. No surface dramaQe maz~ be d~scharged onto abutung praperties
14 Any item perirutted b~~ the Cin~'s Zoning Code, as it may exist from tune to time.
to pro~ect into any required }-ard shall be permitted to pro~ect into the required
setbacks set forth m Section 9(d) of the Development Agreerr~ent and the required
"Buzldmg Volume En~~elope" standards of Section 9{e} of the De~Jelopment
Agreement All such pro~ect~ons shall be i~nored m determining compliance
with Secuon 9(c) of the De~elopment Agreement As of the date of this Second
Amen.dment, those permitted pro~ecuons are set forth m Secuon 9 a4 10 Q1 180
af the Mumcipal Code
15 The fol~owing standards shall appl~ to the design of all solar ener~~~ s~~stems
(a) Roof-mounted solaz- collectors shall be placed m ihe location least ~~~sible
fram a public right-of-wa~~ v~~rthout reducmg the operanng efficiency of the
collectors Wall-mounted and ~ro~nd-mounted solar collectors shall be screened
from public ~ie«~ y
(b) ~'Vhen feasible. collectors shall be ~ntegrated into the desxgn of the building
Structural support for the collectors shall be screened in a manner that is
compatible ~.~~ith the desi~n of the building
(c) Appurtenant equrpment, particularlyr plumbing and related fixtures, shall be
insta~led in an attic or basement. ~~~here feasible
(d) Large accessory fixtures ~vhich must be exposed (e g. storage tanks} shall
be screened ~~'here possible through architectural features that harmomze ~~ ith
other design elements of the strucmre
(e} Storage tanks shall not be located in an~~ required front or side yards. nor
shall they be ti~isible from any public right-of-~~~at~
(~ Exterior surfaces shall ha~e a matte fimsh and shall be color-coordinated to
harmomze «rith roaf matenals or other dominant colors of the structure
(g} Anlr pool or spa facil~ties shall be provided w~rth a solar cover or solar water
heatmg system
16 Miscellaneous Deszan Renuire~nents
l8
~ ~ '~
ii
(a) E~~ery use shall be so operated that ant~ significant, d~rect glare incidental
to the operanon of the use shall not be ~risible beyond rhe boundaries of the
propert~~
{b) All signs on the premises shail compl~r «~ith tl~e pro~lisions of Chapter 9 52
of the C~ty's Mumc~pal Cade
(c} All commercial uses shall be so aperated as not to prod~ce humidity, heat,
or cold ~~luch is readil}~ detectable by persons without mstruments on ad~acent
parcels or rights-of-~~~a~~
(d} All cammercial uses shall be so operated that no loudspeakers, bells, gongs.
buzzers, or other noise attention or attracting de~~ices exceed 45 decibels at an}'
one time beE~ond the boundaries of the property
(e} ~Io sales, rentais, long-term storage, repair work, d~smantling. or servicmg
of any~ motor ~~ehicle. trailer. a~rplane. boat, loose rubb~sh. gaxbage. ~unk, or
their receptacies, ar buildin~ materials shall be permitted on the property
( fl Building materials for use on the property may be stored on the propertt~
during the time that a~-alid buildmg permit is in effect for constructzon on the
propert~f
(g) 1\o cammercial use shall cause a steady-state earth-borne oscillation which
xs continuous and occurrmg more frequentl}~ than 100 tames per minute The
ground vibration caused by ma~Tmg vehicles, trams, a~rcraft. or temparar~~
construcuon or demolition is exempted from these limrts
17 No pigeline shall be bu~lt, laid or mamtained on the properry For purposes of
this Section. "pipeline° includes all reai estate, fixtures anc~ persanal property
Qwned, controlled, operated or managed in connection with ar to facilrtate the
transmission. storaffe. distributton or deli~~erv of crude otl ar other fluid
substance through pipel~nes. provrded, however,~that this Section does not appl~~
to
(1) Any pipeline used for the dellver<< of «~ater or the remo~ral of se«~age
(2) Ani~ plpel~ne used for the deiivery of natural gas
(3) Am~ ~ipelme located exclusi~~el~= on the property and used m connectzon
w~ith any la~~ful act~l~itv thereon
19
•; ~° [~ ~ ;~
18 Upon execution of the De~~elopment Agreement, Propem~ O~~rner's predecessor-
in-interest paid to the Cit~~ the sum of 52.200.OOQ The City and Proper[y 4zvner
mutually agree that this sum constitutes an inltial ad~ ance payment bz~ Property
Ot~~ner of the Hous~n~ and Parks Fee and Affordable Housmg Fee pursuant to
Secuons 12{a) and 12{c) of Amendment #2 According~t~, m calculatm~ the
amount of Haus~ng and Parks Fee and/or Affordable Housmg Fee to be paid
under Section 12{a} and 12{c) Property O~z~ner shall be entitlec~ to a doliar-far-
dollar credit in the amount of such ad~~ance pa~=ment
19 The areas designated on the Zone Dia~ram as `Colorado!T~~rentieth Plaza'.
`ColoradoiCIo~~erf~eld Plaza', and `Ol~~mpic/Cla~~erfield Gate~vay~ shall be
de~~eloped and used for public ~rieti~~shed purposes (the `Open Space') The Open
Space shall cons~st of an agQreffate of at least 40,000 square feet. Of this 40,000
square feet, the Colorado!Claverfield Plaza shall hat-e a minunum of 3.4~0
square feet of Open Space The applicant shall cooperate with ail surroundmg
property~ o«~ners to develop a umfortn landscape and streetscape theme The
Open Space shall at all umes remau~ the propert~~ of the Property Owner and
shall be maintatned b}' Propem~ O~vner at its sole cost and expense A srte plan
demonstrating compliance shall be a conditian of Architectural Re~~ie~~ Board
appro~'al and required prior to issuance of builduig permit Oly~mpic/Cloverfield
gater~~ay has been landscape m accordance with De~~elopment Agreement Exhibit
D Proof of compliance «~ith the oblr~ation to coardmate wrth orher property
o«~ners re uniform landscape,`sueetscape. is required priar to issuance of
building permits
20 The De~~elopment Agreement requires that the Praperty O~vner pledge at least
$2~0,000 to the Santa Momca Arts Foundatzon (the "Foundation") for the
acquisition of art~~~ork to be placed in the public areas of the PraJect, an Art
Selection Committee be formed consistmg of representauves of Px-opert}T ~wner,
the Santa ~Iomca Arts Commission (Ct~e "Commissian") and the Foundauon, and
withm one year follo«T~ng the date of the De~~elopment A~reement appror~~al. the
Art Selection CommFttee. v~-rth the appro~al of Propert}' O«~ner, establish a plan
consisting of general guidelmes for the t~~pe. size, cost and locatzon far ~=arious
art~;~orks around the Pro~ect To satisf}- this requuement, $74.500 has been paid
«=ith a balance due of $175,500 The ~~alue of the fountam at Olympic and
Clo~:erfield (Ralph's} shall be calculated and subtracted from the ba~ance due
In arder to ensure compliance ~~~rth this rec~uiremenl. a cashier's check or cash
deposrt in escra~v from the applicant for any balance due s~all be required prior
to bmldmg permit issuance In add~non, establishment of Arts Selection
Committee to be a condition of all pro~ects Compliance required before issuance
of buildmg permit
`' 0
~
~: ~. (1 ~ ;;
~
21 The pro~ect shall compl<< with all provisions of Californ~a Title 24 Energ~~
Regulations and shall xnclude as a m~n~mum the fo~lowin~ features
(a} Ener~~~ Mana~ement SvStem All air conditiorung and other mechamcal
equipment and motors ~vill be started and stopped from the system console
and «~ater and air temperatures can be remo[el}~ reset The foreao~ng, ~n
conjunctlon ~.~~ith remote sensm~ of outside and inside conditions, «-i11 permit
s~~stem operation refinements resultmg m energ~~ optzmizauon. and will
prevent unnecessary ener~y~ consumption durmg busmess and non-business
hours This s~ stem will also be used to contral the use of lightmg
{b) Air Candrtionm~ An economizer or "free coolmg" cycle will be used
~~~hich ~~~ill enable the use of outdoor air rather than mechanicallv
refrigerated au- «~henever outside temperature permits Varaable valume air
dxstrrbutian sy~stems ~~ill allo~{- air suppl~~ quantities to be reduced as coolmg
loads decrease resultmg m reduced fan po~~er consumption at reduced loads
A~r suppl~~ to periodically unoccupied areas, such as conference rooms, can
be mir~mized Low pressure air d~stributfon s~~stems ~~~~11 be utilized to
mimmize fan horsepo«~er Cold plenum temperature at air condition~ng
units ~~~11 be reset autamaticall~~ to a h~gher temperature (when air candit~ons
~.varrant) «~ith resultant energ~~ savings
{c) Li~ht~n~ High efficiency florescent Iaanplballast systems w~ll minzmize
energy consumption Masnnum provisions far lo~al li~ht sv~~itchmg ~~~ill be
pro~r~ded to permit use of li~htmg anl<< when space is occup~ed Photo cell
control af liahtmg m areas where natural illummation could suffice ~~~ill be
pro~~ided E~terior and certain operatzonal lighung «ill be controlled from
the energy management s~~stem to opnmize operauon and mlrumize ener~~T
consumpt~on ~`'here decor or function dictate the use of incandescent or
tungsten halide l~ghting, extensive control equ~pment will be pro~ided to
optimize operat~on and mcrease lamp life
(d) Odier Ener~~- Consideratians High efticienc~~ roof and «~all insulatian as~~~ell
as heat absorbin~ ~lass «-~11 be utilized to reduce cooling and heating laads
~Il air suppl~~ ducts «~ill be insulated to reduce energ~~ losses to non air
conditioned spaces Hot «~ater piping and storage tanks ~a7I1 be full~~ msulated
All toilet fixtures shall be "lo~;~ floti~~" Sun shadm~ of l~~indo~;~s ~.i-il1 be
incorporated «~here appropriate to further reduce air condrtiomng
requirements
Specific conditions re~arding energ~- conservation requirements from the
~rnen~nent to the De~-elopment A~reement lia~~e been incorporated into the
proposed Condrtyons of ~pprot~al for this pro~ect
21
~ ~ ~~ .~ ~
(e} Adjustment for Substitute Technolo~~-
(i) The applicant shall be entitled ta substitute other energ~~ management
measures ~n the pro~ect far those dESCribed abo~-e upon subm~5sion of an
applicatzon to the Grt~~ Building and Safet~~ Dn~iszon demonstrating to the
Department's reasonable satisfaction that said substrtut~on is at least as energ~-
efficient as the measure rt is proposed to replace
(11} The applicant~s appl~cation shall state the specific substitution being
praposed and attach such plans, specifications and support~ng materials as ma~~
be reasonably required b}- the Cit~° Buildin~ and Safet}~ Di~°isian to
demonstrate the appropriateness of the substitution
22 Colorado ~~-enue shall be ~i~idened b<< 10 feet on the southerl~- side to create tti~•o
tl~rou~h traf~ic lanes eastbaund and ~~-estbound on Colorada Avenue bet~~-een 2~th
Street and Gla~~erfield Boule~~ard and one contmuaus left-turn lane in the middle
of the street Construc~ion shall include
(a) ner.~- curb and gutter
(la} all ne«- 8-foat «7de sadet~•alks
[c} S-inches of concrete pa~-ement in the street ti~~idened portion
(dj 2a-foot radius curb returns at the 20th and Clo~~erfield intersection
(e} relocat~on of exisnng traffic signals and uulrties
(f} handicapped raraps
(g) corner cut-off easements for a four-foot clearance at the rear of eacn
ranlp
(h) if left turns are prohibited b~~ ti~estbound traffic on Colorado, anto the
easternmost Access Paint on Colarado, a median in the contfnuous left
turn lane sufficienth= long in City~ s ~udgement to discourage such turns
shall be pro~-ided if such median is required. Propert~~ O~~ner ma~-. at
rts o«n e~pense and «~th the praor appro~~al of the Grt~-~s Department
of Enl-ironmental and Public ~~~ orks l~~ianagement as to the number,
location and design, place one or more directional sians on the median
to assist traffic Such s~gn ar signs shall be sub~ect to approval b<< the
Cih-~s Department of Eni~ironmental and Public ~~'orks 1~lanagement
as to tha number, locat~on and des~~n shall compl~~ «-ith al~ applicable
Ctt~~ ordmances Construction ~.rili also include reconstruction of a
portion of the eastbound fast lane «~ith 11 mches of ~C pa~~ement and
aC o~~erla~~ of the street b~~ heat re-mi~ method to the center line,
reconstruction of e~istm¢ storm drain laterals and re-stripin~ af the
street Propert~~ Q~z~ner shall grant an~~ easement «°hich ma~~ be
necessar~~ reiating to the «~dened street and the side«-alk
22
ra ~d. tn,' ~ `
1
~n add~tional right-turn lane at the eastbound approach to the
Colorado a~~enue and Clo~~erfield ~ntersecnon shall be pro~-ided This
lane shall be at least 200 feet m length measured from the pomt ~i~here
the 20 foot radius curb return begins on Colorado to the point ~i-here
such nght turn land bemgs and ~~zil be added to the lane referred to in
Item I~To 2 Property O«ner shall Qrant an~~ neces5ar~° easement for this
additional lane and the related S-foat side«~alk
In order to ensure these impra~~ements are completed a performance
bond from the applicant in an amount to be determaned b~~ the
En~~ironmental and Public «'orks Management Department shall l~e
required before issuance of nex~ building permrt for the o~~erall szte
Completion of the impro~-ements is required befare issuance of
certificate of occupanc}~ for an~- de~-elopment on the site
23 Three fuil lanes far southbound traf~c on Clo~-erfield Bou~e~~ard ben~~een Colorado
_~.~°enue and Oi~~mpic Boule~-ard shall he created b~• ~i~idenm~ C1o~-erfield
Boule~~ ard 9-1~~2 feet on the ~~~esterl~- side Constructian is to include
(a) all ne«~ 8-f~ot «~ide side«~alks. curb and gutter
(b} an 8-mch thick P G C «~-~dened section and slurr~~ seal of Clo~-erfield
Boule~~ard for the remaymn~ «-xdth
(c) construct~on of a 20-foot radius at Cloti~erfield and Ol~~mpic Boule~-ards «~~th
ne« handicapped ramp
(d} relocating e~istin~ traffic signals and utilrties at the intersection
In order to ensure that these impra~~ements are completed a perfortnance bond from
the applicant in an amount to be determmed b~- the En~~ironmental and Fublic
~'~'orks \~Tanagement Department shall be required before issuance of the ne~t
buildrng permit far the o~~erall srte Completion of these impro~-ements is required
before issuance of certiticate of occupane~~ far an~• de~-elopment on the srte
~l~ote in-lieu of abo~~e. Git~~ offers to accept pa~-ment as substitute ixnpro~'ements.
per the last para~raph of Exliibit D of the Del-elopment Agreement The amount
of paz~ment shall be detemuned based on public biddin~ process Agreement shall
Ue in place prior to issuance of next buitding permit
2~4 The traf~ic signal standards. conduits. si~nal heads and controllers for the
intersections of Clo~-erfield «~ith Colorado and Ol~~mpic shall be modernized The
applicant shall be responsible for onl~~ one half af the cost In order to ensure these
impro~~ements are corr~pleted. a cashier~s check or cash deposit ~n escro«~ from the
applicant in an amount ta be determined b~~ the Plamm~g and Communit~-
De~•elopment Department shall be requ~red prior to next building permit issuance
~ -~
~~
~,~ ug~
for the oti-erall site E~act fees to be calculated based on public biddmg process
an~• cost saz~ings «-ill he reimbursed to de~~eloper upon completion of
irnprovements
?5 On Ol~~mpic Boule~-ard. a coni~entzonal curb and an ~8-inch r~=Ide P C C~utter
from the intersectic~n of Clol~erfield and Ol~~mpic to a point 210 feet ~~-esterl~- from
such intersection and a con~~entzonal curb and 30-mch vu~ide P G G gutter from a
pornt 210 feet «-esterl~~ of the Zntersection of Ol~~mpic and Clo~•erfield ta a point in
the easterl~~ boundar~° of the railroad right-of-~i~a~~ descr~bed in Parcel 6 ti~-here rt
intersects ~1~-mpic shall be constructed A side~i-a~k easement at the bus stop area
to all for a 10-foot park~ia~~ and side~~alk area from the curb face shall be pro~•ided
A ne«~ side«-alk at the railroad on QI~-rnpic crossin~ o~~ er Parcel 6 shall be
constructed These improvements shall be completed b~~ December 31. 1998 or
pnor to lssuance af certificate of occupanct- for th~s pro~ect
26 Ne~;~ street sections (8-inch P C C} or right-turn pockets (1~0 feet in lenb h) at each
nna~or dn~~e«-a<< to the Pro~ect ~~~th all necessar~~ side~~-alk easements shall be
pro~°ided Completion required praor to issuance of a certificate of occupanc~-
27 A h~~drolo~~- stud~~ for the srte and ad~acent streets in accordance «-ith
En~•ironmental ar~d Public «'orks ~1~ianagement Department gu~delmes shall ~e
submrtted prior to building permit issuance An~ v~~ork to be performed as a
result of this stud~~ wilt be lunited to that du-ectl~~ related to unpaets of the Pra~ect
~n drarnage m the area
28 Hrgh pressure sodium street li~hhng on the south side of Colorado A~~enue from
20ih Street to Cloverfield, on the west side of Cloverfield from Colorado to
Ol~~rnpic, and on the north stde of Olympic from Clo~~erfield to the east side of
the railraad right-of-«~ay described m Parcel 6 to the intersechng of ZOth Street
and Colarado shall be desi~ned and constructed. Lightulg design shall be
consistent with Colorado Place Phase I and Pl~ase II under Agreement frorn Street
Lightmg Installation and Maintenance between Colorado Place Limited and the
Cin- of Santa Momca dated NIa~= 31, 1983 Completion of that portion ad~acent
to the pro~ect shall be completed priar to certificate of occupanc~~
In-lie~ of design and constructian of these improvements, the City offers to
accept payment for the poruon on Cloverfield ad~acent to the Pro~ect
Construction or payment shall be determined prior to building permit issuance
The amount af pa}~ment shall be determined based an public blddm~ process
29 Street trees shall be pro~,~ided and installed at the follo«~in~ iocations
~~
v ~j
~s~
(a} 20th Street from the northerl~~ boundar}T af the railroad right-of-wa~~
described m Parcel 6 to Colorado A~~enue {Son~-j
(b} Colorado from 2~t~ Street to Cloverfield (Son~~. Court~~ard, Lincoln and
Gatewa<<)
(c} Clo~rerfield from Colorada to Olympic (Gateway and Ralph's}
(d) Ol~~mpic frorn Clo<<erfield to the easterly boundar~~ af the railraad nght-of-
~~lay described m Parcel b(Ralph's)
Type, spacmg and plantmg specificatians shall be appro~~ed t~~- the Archrtectural
Review Board and sub~ect to the re~~iew and approval of the Director af
Communrty and Cultural Ser~c~ices Insta~latFOn for that portion ad~acent to the
Pro~ect sh.all be completed pr~or to certificate of occupanci~
In-I~eu af pr~vision and installation of street trees. the Citv offers to accept
payment for the porttan on Cla~-erfield ad~acent to the Pro~ect as subsntute
impro~~ements, per the last paragraph of Exhibit D of the De~~elapment
Agreement Construct~on or payment shall be determined prior ta bu~lding
permrt issuance The amaunt ta be determmed based on pub~ic bidding process
30 When required b~~ the Engmeermg Division. shoring plans, shall be submitted for
revie~;- and approval prior to buxlding permrt issuance The fee for tiebacks m
the public right-of-«~a~~ of 51~0 per tieback or soldier beam encroachmg m the
street right-of-«-a~~ shail be paid prior to buildmg permit issuance
31 In-l~eu of the water connecuon fees for both domestic and fire protection
seraices. the applicant shall install a 14-inch water lme from 19th Street to
Cloverfield on Ol~~mpic and a 12-mch r~~~ater lme an 20th Street betv~~een
Colorada and Ol~~mpic These «~ater lines will provide the requ~red f~re ser~~ice
for the Pra~ect Installatian ti~~ill include fire h}:drants as required by the F~re
Department, a 12 x 12 tee on Colorado at 24th Street and a 14 x 12 crass on
Cloverfield at Olymp~c w~th a tie-in of the ex~snng Iines on ~lympic to the newv
lmes Work to be done m accordance with Santa Momca standards Because the
ne~~ water lines to be mstalled ~vill benefit properties other than the Real
Property. tY~e Crt~~ «rill re~nburse the applicant for a pro rata portron of the cost
of such installatian, t~•hich reimbursement shall not be required until Cit~- collects
appropriate fees from subsequent de~-elopments on Real Property benefittm~ from
such installation Design plans must be appro~~ed by the Citc~, and that portion
of the 14-inch ~~+ater main «rhich crosses Clo~~erfield, must be installed prior to
October 1997 The remainder of lme must be ~nstalled prior to ~ssuance af
building perm~t
2~
__. ~~~
32 AnS~ future request for the on-site sale and consumption of alcoholic beverages
shall require the appro~~al of a Condrtional Use Permit pursuant to Sect~on 21 of
De~relopment Agreement Amendment #2
33 All ne«~ constructXOn shalI be developed in compliance «-ith the provis~ons of
Santa Momca Mur~cipal Code Chapters 7 10 and $ 04 and an~- other construction
related techmcal codes adopted b~ the City and generall}~ applxcable to s~nilar
pro~ects de~~eloped m the C~t~= ("Techmcal Codes") «-1uch are m effect at the t~me
of issuance of a building permit for such ne«~ constructlon
34 All mechanicai equxpment that extends more than 12-inches above the roof
parapet shall be screened from vie«~ Eq~lpment shall be screened from a
horizontal plane on all s~des ~~zth an ~mpact resistant wall
35 The following uses shall be permitted autside of an enclosed building on the
praperty
{1} Patio tables, chair5, umbre~las, and slmilar outdaor accessories used m
cannection «~ith a restaurant
{2) Vendm~ machmes, ~ncludin~ ~~7erghm~ scales. when accessor~= to a business
conducted within a buildms
{3) Border materials, flo~~~er pots, trellises and the like
{4) Dutdoor ne~;~sstands
36 Fences, walls or opaque hedges shall not exceed fort~~-two inches 1n l~eight when
located in the requzred setback area unless appro~~ed b~- the Plamm~6
Commission Fence, «-a11 or hedge height shall be measured from the existing
grade In all cases, the fence, wall or hedge hei~ht shall be measured m a
contmuum at each pomt along rhe fence. ~~rall or hedge Nothing in this
Conditian shall restrict the use of plant materials, arbors, tre111ses or other
landscaping in the requ~red setback area so lon~ {1} as any hedges in excess of
fart~--two inches hzi~ht are not opaque_ and (2) na fence. ~~~all or hedge. tree,
plantxng or ather obstruction obscures ar blocks the ~-isibilrty of drivers af
automobiles enteruig or exiting anti drn~ewa~ , parkmg lot or other velucle
accessw~ay or constitutes an unreasonable and unnecessar~~ hazard to persons
la~~rfully usmg an ad~acent side«~alk, street or other ri~ht-of-way
37 One or more refuse containers and rec~clmg contamers shall be maintained on
the premises The containers shall be of sufficient capacity and number to
accommodate the refuse and rec~~clmg materials generated bt~ the uses on the
parcel, m compliance «~ rth guidelines established by the En~ ironmental and
Public Works Management Department All outdaor storage ar refuse,
recvclable materials and other rtems or material intended to be discarded or
collected shall be screened from public v~e~~r On parcels where refuse and
26
~" ~8~
rec} clable materzals are both stored and collected ad~acent ta public right-of-wa~~ ,
the refuse and recyclable materials shall be screened from publrc ~~ie~~~ on a least
three s~des b~~ a solid opaque impact-resistant wall not less than fi~~e feet or mare
than eight feet in height, and on the fourth side by a solid opaque impact-resistant
gate not less than fi~~e fe~t or mare than eight feet in height, or of other such
material or design approved b~~ the Architectural Revie~~ Board The gate shall
be mamtamed in working order and shall remam closed except durm~ such tunes
a refuse, recyclable materials and other such rtems are bein~ discarded, placed
for collection. or callected All refuse and rect ciable materials ti;lhich are stared
and collected from the same location out of doors shall be stored not more than
ten feet form the propert}~ lme which is closest to the refuse collection point
38 The Duector of the En~~ironmental and Public Works Manaaement Department
shall requ~re the desi~n and placement of a refuse and rec~~cl~ng room or outdoor
enclosure to pro~~ide adequate and aceessible areas for the storage and collecuon
of r~fuse and recvclable materials The residential umts shall be pro~°~ded ~~`ith
refuse and rec~~cIzn~ storaae containers «~hich are separate from those used b~- non-
residential uses on the Propert~- T'he containers shall be clearl~- marked as bein~
residennal use on1~- and their use b~~ an~~ nan-residential use shall l~e prohibited
39 In any new restaurant an the Property an air filtration and ~~entilanon system shall
be provided
40 The Pro~ect, u~clud~ng all Open Space shall be accessible to handicapped persons
41 The applicant shall be required to obtain Architectural Revie~~l Board appro~~al
prlor to 2ssuance af a building perm2t Architeciural Revlew Board review shall
be lumted to the scope of re~~ie«ed allo~~ed in the Mumcipal Code and shall be
sub~ect to the de~-elopment ri~hts aranted to the Property Dwner pursuant to the
De~,~elopment Agreement ~
42 Civil En~ineermg plans shall be prepared to Cit~~ standards for all off-site
impra~~emenis and submitted to the Office of the City~ Engineer for re~iew and
approval
43 The applicant shaIl install a sewage regulating tank, if reasanabl~~ deemed
necessar~~ t~~ the Environmental and Public Warks Management Department
based upon a~~ailable se«~aQe capaciry and other improvements flf sufficient size
for the Pro~ect The En~~Xranmental and Public ~Vorks Management Department
and the applicant ma}- aQree upon substitute impro~~ements for any af the
for~~oing which are des~~ned to impro~~e traffic. uulit~~ or draina~e conditions
related to the Pro~ect so lon~ a5 the total cost of such substitute impravements
?~
~~. LJ~~i
dae5 not exceed the total estimated cost of the deleted requ~rements, cornputed
on the date upon ~=hich a contract is entered into for the substrtute unprovements
44 Cantaminated sail on Parcel 1 shall be remotiTed and dispased of in accordance
E{~ith al~ applicable la~~rs, ordinances and regulanons of Cit~~ and the State of
Califorrua prior to issuan.ce of a buildmg permit for any bu~ldm~ to be built on
Parcel 1
45 Durmg constructian equipment engmes shall be kept m proper tune to reduce
exhaust em~ssions Such equipment shall not be operated durin~ first or second
sta~e smog alerts The applicant shall use reasnnable and typica3 waterzng
techniques ta reduce fugiti~~e dust d~ring construction
46 The applicant sha~l operate, contract for, or otherwise pro~ide prx~ ate securrty
servlces for the Pro~ect, mcluding the parlc~ng garage
47 Autamatic sprmkIers shall be set to z~~ater iandscaping dur~ng e~Tening and early
mornmg hours onl}~ to reduce exce5sl~e tz~ater requirements due to ~~~ater loss b~r
evaporation The applicant shall be permitted to mcorporate ~~~ater features into
the Pro~ect so long as the applicant demonstrates to the satisfaction of the
En~r~ronmental and Public Warks Management Department that the water loss
from any such feature is not eYCessive
48 To the extent feasible, the applicant shall maintain a staging area on the Real
Properry for use b~= construction ~,rehicles and ~~~ill desi~n traffic patterns for
construcnon vehicles, both on-and-off-site, m order to min~mize impact of
construct~on activ~ties on ad~acent streets The appli~ant shaIl caoperate with the
Crty's EmTironmental and Public Works Management Department in order to
deveiop ather mutually acceptable means for mmim~zing impact
49 The applicant shall not discruninate agamst an~r employee ar applicant for
emplo~~nent on the basis of race. reiigion or creed, sex, marital status, nanonal
ori~in, sexual orzentation or ph~~sical handicap and shall cause a sunilar provision
to be inserted m an~~ cantract for «•ork entered mto b~~ the applican.t reIated to the
Pro~ect other than purchase orders for staridard commercial supplies, materials
or other goods
Sub~ect to the }~ro~~isions noted above. the applicant ti~~ill deti~elop and subm~t to
the C~ty for approti-al prior to the commencement of construction af the Pro~ect
a su~table affirmautiJe action pro~ram for ~he humg of labor and the obtainmg of
materials durmg construction relahng to employrnent, up~rading. demotion or
transfer. recruiunent or recruitment advertising. lay-off or termananon, rates of
pa} or other forms af compensation and selection far tramm~, mcluding
28
u. w u ~ r'
apprenticeslup Any su~h plan shall recogmze the necessity of compliance with
standard unton hirin~ practices and shall not establish quotas of an~~ kind
The apphcant shall m all solicitation5 ar adverti5ements for emplos~ees placed b~
or on behalf af Property O«Tner, state that ail qualified applicants ~;-i11 recei~~e
consideration for emplo~ ment ~irrthout regard to race. religian or creed. sex,
marital status, national ori~in, sexual orzentatian or physical handicap
~0 Priar to buildm~ permrt issuance, the applicant shall pa~;~ to the Crt~~ 5600 per
d~i~elling umt to be used for acquisrtzons, impro~~ement, and expansion of public
parks. pla~~gro~and and~or recreation faciliues
~ 1 The prat-isions of Chapter 9? 8 of the Santa I~~lonica A~iunicipal Code shall apply~
~o the prorect, except that, irrespecti~°e of the number of market rate unrts included
in the pro~ect. in-lieu of pro~~~ding all units requued to be affordable to lati~--income
on-site, the applicant shall be entitled to pat- an in-Iieu fee of Sa% of the 101~,--
incame units on-site All units required to be affordable to moderate-incame
households shall be pro~~ided on-srte and the incluszonar~- unrt base price shall be
$8~.000 per unrt, ad~usted for inflation fram the effecti~-e date of the ?~mendment,
in the manner pro~~-~ded m the Santa l~~Tomca I~~iunicipal Code Sectioz~ 9 28 070(c}
52 AIl ne~~~ construction shall be de~-eloped in compliance ~~~th the proti~isions of Santa
1~lonica i~~iumcipal Code Chapters 7 10 and 8 04 and an~- other construction related
technical codes adopted b~- the Cin~ and generally~ applicable to similar pro~ects
de~~eloped in the Crty- ("Technicai Godes"} «~hich are m eff~ct at the time of
issuance of a Uu~ld~ng permit for such ne~ti~ construct~nn.
~3 A m~nimum of one hundred square feet per umt of usable common open space,
accessible and a~-ailable to all pra~ect residents for outdoor act~vities shall be
pro~~ided Court~~aeds. entn- areas for t~;-o ar more umts, la«~ns and pla~~ spaces
«~hich are ph~ sically separated from pri<<ate apen space. rooftop Qardens and other
rooftop usable open space (nat to exceed fift~~ square feet per unit) and acti~-e
recreation spaces such as s«~immmg pools and sports courts, shall count to«~ard
fulfillment of this requirement The rear vard ma~~ count to«~ard ful~'illment of the
common open space requirement. prol~~ded it is usable and accessible Side ~~ards
and portions of dri~-e«~a~-s ~;~hich are decorated or interspersed «-~th la~.~-n or other
acceptable groundco~~er ma~- meet a partion of the requirement. sub~ect to
Architectural Re<<ie«- The nummum dimension of at least one area of common
open space shall be ten feet in any direct~on .~n~~ practical combination of la«-n.
pavin~, decking. concrete ar other sen~iceable du5t free material shall be used to
surface common open space areas. ~~.~ith a slope of not mare than fi~~e percent :~
?9
~~ UO~j
mimmum of thirt~~ percent of the cammon open space area shall include Ia~~-n or
other acceptable groundco~~er
Required open space ma~- not include public or prn~ate streets, dri~-e«~ati-s. or utilrt~-
easements «-here the ground surface cannot be used apprapnatel~~ for open space
or front ~~ards
Required cornmon open space ma~- be reduced b~~ one square foot for each
additional square foot ofpri~~ate open space added be~~ond the requir~d pri~-ate open
space
~~ A cl~ldren's plat- area, ~~luch is a mimmum of 4 000 square feet shall be pro~~ided
on-site
~5 ~ inimmum of >0 square feet per unrt of usable pril-ate open space shall be
pro~-ided Pri~~ate open space shall include a deck, i~ard, patio ar combmat~on
ther~of ~~-hich is ad~acent to. accessible from, and at the same or appro~imate
ele~~ation as one ar more pnmar~~ spaces T'he m~nimum dimension of at least one
such pn~~ate open space shall be no less than 7 feet m an~• d~mension Pn~~ate open
space shall be screened from common open space, dri~~e«-a~~ s and ad~ acent
praperties b~- a substantiall~~ opaque «-all or fence a mimmum of ~-feet 6-inches
and a ma~~imum of 6-feet m heigl~t. e~:cept in the front ~-ard setback area Required
pri~~ate open space ma~~ be reduced h~~ 1 square foot fnr each addit~~nal square foot
of common open space added but m no case leati~ing less than ~0 feet of required
prit~ate space ~11 second floor units shall haj~e a balcon~~ ar deck of fifty square
feet or more, ~~-rth a mimmum dimension of no less than 7 feet in an~~ dimension.
ti~-hich zs ad~acent to, accessible from, and at the same or approYrmate ele~~ation as
one or mare primar~- spaces of the umt to be ser~~ed Roof decks do not meet this
requirement The ra~ling of the balcony or deck shall be substantiali~~ opaque ta
protect the pri~-ac~- of occupants First floor prn-ate open space ma~~ pro~ect into the
entire «°idth of the side }~ard_ and 1 a feet mto the required depth of the rear ~~ard
Pri~-ate open space ma~- pro~ect b feet into the required front ~~ard as long as its
«•idth does not e~ceed thirt~~ percent of the buildin~ «~idth at the front of the
building Plans sho«~in~ that this requirement is satistied shall be submrtted for
appro~~al to the Crtt- Planning Di~°ision prior to submittal to the Archrtectural
Re~~~e«~ Board
56 This appra~~al is for Those pIans dated Apri1 8, 1997, a cap~~ of which shall be
maintauied in the files af the Cin~ Planning Dir~~ision Pro~ect de~Telopment shall
be cansistent with such plans. except as othert~~ise specified m these condrt~ons
of approeal
30
.~~ a~y
37 The rights granted b~~ the approl-al af Det-elapment Reti~ie«~ 97-001 to allo~~~
construct~on of a 28~.49'' square fao#, se~-en stor~-, 351 urirt apartment building
~~-~th 9.~Oq square faot af ~round floor reta~l space and se~~en le~-els of at grade and
abol~e grade parking cannot be elercised ur~til the effectn-e date of the C~t~~
Council`s approt~al of Dei~elopment Agreement 97-001 for a third amendment to
the existmg De~~elopment :~greernent for the propem~ kno~i~n as '`The Arbaretum"
58 This determmanon shall not become effecu~Te ~or a period of fourteen da}~s from
the date of determination or. tf appealed. until a final determ~nation is made on
the appeal An~~ appeal must be made m the form required b}' the Zonm~
Admimstratar The approval of this permit shall expire 18 months from the
permit's effect~~~e date, unless, m the case of new de~felopment, a building permrt
has been obtamed prior to the expirauon of this approval ~n order to exercise the
r~ghts granted by this appro~~al Th1s permit shall also expire if the buildmg
permit expires or if the rights granted under ~his appro~ al are not exercised
«~ithm one y~ear follo«~mg the earlxest to occur af the follou~mg issuance of a
Certificate of Occupanc~~ or, if nat Cert~ficate of Occupanc}~ ~s required. the Iast
required final inspection far the nev~~ constr~cttan One six month extension of
the 18 month }~enod ma~~ be permitted if approved by the D~rectot of Plamm~~
Applicant is on notice that time extenslons my nat be granted if de~~elopment
standards relevant to the pro~ect ha~e become restrictnTe since pro~ect appro~~al
attachments
a The Arboretum De~-elopment :~greement Zone Diagram E~hibit
B Third ~~mendment to D~i-elopment Agreem~nt
C Public I~ otic~
D Pro~ect Plans
E Landscape Plans
F'PL~.~'•SH~RE'•PC~STRPT•~R9'J(i! l~'PD
31
:a ~ ~ ',: i.i
ATTACHMENT F
~ ~~s ;~ t; i
MINUTES
REGULAR MEETING OF THE PLANNING C~MMISSION
OF THE CITY OF SANTA M~NICA
WEDNESDAY, AUGUST 20, 1997
7•00 P.M.
CITY CDUNCIL CHAMBERS
ROOM 213, CITY HALL
1.
2.
3.
CALL T~ ORDER. The meeting was callecf to order at 7 10 p m
PLEDGE OF ALLEGfANCE: Cammissioner Weremiuk led the Pledge of
Allegiance
ROLL CALL: Present. Berton R. Bradley
Kenneth Breisch, Cammiss~oner
Frank Gruber, Commissroner
Lou Moench, Commissroner
Enc Charles Par~ee, Comm~ssioner
Kathleen Weremiuk,
John Zinner, Chairperson
Also Present Kyle Ferstead, Comrnission Secretary
Suzanne Frick, Director of Planning/PCD
Karen Ginsberg, Planning Manager
Donna Jerex, Assoc~ate Planner
Amanda Schachter, Senior Planner
Mary Strobel, Dep~ty C~ty Attorney
4.
PLANNING DIRECTOR'S REPORT:
Ms Frick ga~e the Director's Report Ms Frick informed the Cammission of
a study session scheduled for September 10 on the Inclusianary Hausing
Program. She stated that there also will be a public workshop fln this topEc
on Sunday, September 7 at Lincoln Park frorr~ 1 30 to 4 00 p m She asked
that the Commission defer their commants vn an item they rece~ved from the
Airport Director She stated a pui~lic hearing an the matter will be held in the
near future and comments may be given at that time.
Commissioner Parlee asked Ms Frick if the public hearang will include a
report from the Airport Subcorrrmittee Ms Frick stated that the report,
which is now in draft form, will be included
1
~ ~
`s "~ t~ ,; ~.
Planning Commission
August 20, 1997
Ms ~rick reported that the Commission ~s scheduled to meet an the
following dates' September 3, September 10, September 17 and, tentatively,
September 24 She also reparted that the Edgemar appeals will con#inue to
be heard on August 26, 1997
Commissioner Parlee asked about the status af the St John's pra~ect Ms
Schachter stated that the public hearing will be held in late No~ember or
early December and that the EfR should be a~ailable in the next month and a
half.
5 APPRDVAL OF MINUTES:
Chair Zinner asked far an amendment on page six of the min~tes for May 7,
1997, as regards a reference ta traffic calmrng
Commtssioner Parlee made a motion for appraval of the minutes for May 7,
~ 997, as amended Commissioner Bre~sch secanded the motion, which was
appro~ed by ~oice vote with Commissraner Maench abs~taining
6. STATEMENTS OF OFFICIAL ACTION: Consent Cafendar
Commisstoner Breisch made a mot~on to approve the Consent Calendar as
submitted Commissioner Gruber second~d the motion
The motion was approved by voice vote with Commissioner Parlee abstaming on
the entire calendar and Commissioner Bradley abstaining on 6-B
6-A CUP 97-011, 1299 Ocean Avenue
6-B CUP 97-013. 1423 Secand Street
6-C. CUP 97-009, RPP 97-001, 'l420 Yale Street
6-D. DR 97-002, 20~ Santa Monica Bflulevard and 1333 Second Street
7. PUBLIC HEARINGS:
7-A: De~elopment Re~iew 97-005. 2300 Colorada A~enue. C-5 (Special
Office Commercial}, Apolication for a Develo~ment Review Permit to
allow the construction af a new. 191 .Q00 sauare foot, s~x-s#or~ office
b~ilding aba~e a three-le~el, 637 soace subterranean parkina aaraae at
the site known as The Arboretum A De~elooment Review Permit is
requjrad to ensure that the prooosed nroiect complies with the
requirements of the Development Aareement for this oraqer#~. {Planner
2
`~~ r~~
Planning Commission
August 20, '~ 997
D Jerex} Applicant• David Forbe$ Hibbert for Arboretum Develooment
Partners fContinued fram Auaust 6. 1997i
The applicant, Da~id Farbes H~bbert, 12Q Broadway, Santa Monica 90401,
was present to d~scuss the pro~ect
The Cammission asked questions of staff and the applican# regarding the
issues of street widening, various m~tigation measures, and the proposed
design of the building entry, corner element and landscaping
There were no requests to speak submitted from any member of the public
Chair Zinner asked for staff response to the Lawrence and Harding letter
da#ed August 20. 1997 Ms Frick commented that the letter recommends
amendme~ts to seWeral condit~ons She explained that many ofi the
conditions are from the original De~elopment Agreem~nt, Attachment D,
and are under the authority o# the Directar af Environmenta! and Public
Warks Management Department (EPWMD) She further explained that
while some modif~cation to these amendments may be made by the
Director of EPWMD, the Commission has no authority ta change them
Chair Z~nner asked if the Commission can offer recommendations ta the
Director of EPWMD Ms Fr~ck answered m the affirmative
Commissioner Gruber asked about the actual m~taga#ion measures as
regards th~ wEdening of Colorado A~enue and Gloverfield Boulevard He
commented on t~e mitigation measures in the De~elopment Agreement
ar~d stated that th~ City's appraach to such measures ha~e changed ~r~ the
last ten years Ms Frick stated that substitute mitigation measures must be
equivalent to the origina~ mitigation measures and evaEuated #hrougf~ the
En~ironmental Impact Review {EIR) process
Commissioner Gruber expressed his opinion that the mitiga#ion measures
are not good Ms Frick explained #he process for this overall pro~ect and
stated that the mitigation measures from the onginal De~e~opment
Agreement must be used Deputy City Attorney Strobei expla~ned t~at
under the Development Agreement, the Directa~ of EPWMD has two
separate sets of discret~ons (1 } the timing of vanous off-site improvements
and other mitigatian measures specified in the Development Agreement,
which must be accomplished in a cer#ain order and before all build-out is
complete, and {2) the DeWelopment Agreement has a exhibit which outlines
3
~~ `~~~
Planning Commission
August 20, 1997
`~General Ser~ices" requirerr~ents and what substitute measures may be
used with the approWal of the Director of EPVIIMD, if they are equivalent to
the original measures 5he stated that some substitute mitigatiar~
measures are sub~ect to CEQA review, which would require additional
analysis
Comm~ssioner Gruber asked ~f tl~ere is a list of ~ssues under the Director's
d15Cf@tlbll Deputy City Attorney Strobel sta~ed that same of the items an
the list are found in the Lawrence and Harding ~et#er She stated that
Planning staff wants to add language to those conditions where the
Development Agreement allows EPWMD some discretion The language
would leave the cond~tior~s as written and add at the end of each condition
the foflawing language "'The Department of En~ironmental and Public
Works Management may modify this condit~on in accordance with th~
standards se# forth in Section 6-C of the De~elopment Agreement regarding
pro~ect phasmg or Exhrbit D o~ the De~elopment Agreement regarding
substitute impro~ements " Therefore, if substitutes are ~raposed, the
developer and EPWMD can come to terms without returning to the
Plar~ning Commission to specifically amend the cond~tions on th~s appro~al
of specific buildjngs
Chair Zinner asked if the Water Garden p~-o~ect, phase two, will also be
giWing oWer fand far additional traffic lanes Ms Fnck stated her belief that
bath sides of the street are being widened
Chair Zinner commented on the praposed s~dewalk location on Clo~erField
Boulevard and asked whetl~er it can be redesigned to be more pedestrian-
friendly Ms Frick stated that this is a design ~ssue and the Comm~ssion's
viEws will be con~eyed to the Directar of EPWMD
Commiss~oner Moench expressed the Commission's discamfort with the
street width and sidewalk ~Eacement He asked staff if all ar part of the
~e~elopment Agreement can be canceled Deputy C~ty Attorney Strobel
stated the process ~s the same as adopt~on of the Development Agreement,
including holdmg a Planning Gor~mission public heanng, City Council
hearing ar~d a firsf and secand reading of the ordinance She also stated
that any d+scretionary action must comply with CEQA
Commissioner Weremiuk stated that she would like to see mit~ga#ion plans
come to the Commission far comment, especially as regards the street
4
~` ~ G 9 ~
Planning Commission
August 20, 1997
widening and sidewalks Ms Frick stated she will speak with the Director
af EPWMD
Cammissioner Gruber asked for staffs ~rew on the issue a~ size reductian
per the EIR Ms Schachter stated that tt~e proposed pro~ect most closely
relates to Scheme B in the approved EIR She stated that the
affice/residential component m Scheme B is siightly smaller than the
proposed resident~aE pro~ect to be considered in the following hearing She
also stated that the proposed combination falls with~n the ap~ro~e~
parameters
Cammissioner Gruber asked if the EIR mitigation measures remain the
same Ms Schachter repl~ed in the affirmati~e
Comm~ssioner Bradley asked about the configurafior~ from the origmal
proposal for the site Ms Schachter stated that the ar~ginal proposal
~ncluded a grocery s#flre, housEng, and office buildmgs (two faur-story
buildings)
CommESSEOner Werem~uk stated sne has a problem with the pedestrian
friendly fir~ding and the massing on the Clo~erfield corner She suggested
this item be cont~nued until the applicant addresses the pedestrian aspects
of the pro~ect She then made her suggestion into a motion
Commissianer Moench seconded the motian
Comrr~~ssEOner Breisch asked Commissioner Weremiuk to expfain her
motian Commissioner Wererniuk commented on the proposed
landscaping at the cflrner, access into the carner portion of the building and
changing the desrgn o~ the round element at the corner
Commissioner Parlee disagreed wit~ Commissioner Weremiuk He then
stated that the Archi~ectural Review Board ~ARB) should deal with the
facade design and landscap~ng
Chair Zinner stated that he did not ha~e a problem with the design or the
motion to continue redes~gn He suggested the item might return with Craig
Perkins, Direc#or of EPWMD, and Ron Fuchiwaki. Crty Parkmg and Traffic
Engineer, in attendance
5
,
a~ ~, t , q ~~
Planning Commiss~on
August 2U, 1997
Commissioner Gruber expressed agreement with Chair Zinner as regards
receiving input from other City s#aff He stated that the issue of pedestrian
friendl~ness has changed over t~e past ten years He suggested making a
conditior~ to require pedestrian pathways thro~gh the properties He
commented that he has a problem with the lack of abiEity to cross Colorado
A~enue between Twentieth Street and CloWerfield Boulevard He alsa
stated that he does not agree with Commissioner Weremiuk regardEng the
corner turret element He stated that he could not ~ote for the pro~ect in
good canscience
Ms Frick s~ated that pedestriar~ access from the pro~~ct site is not part of
the consideration this eWerting
Commissio~er Breisch expressed empa#hy with positions taken by
Commissioners Gruber and Weremiuk, howe~er he stated that the
Commission has to consider the pro~ect w~th~n the canfines vf the
Development Agreement He noted t~at under the Development
Agreement the appl~cant has certain rights and the EIR mitFgations
measures must be adhere~ to He suggested the Commiss~an concentrate
on pedestrian access within the pro~ect For the record, he stated that he
has r~o problem with the turret element He also stated that tenant use of
the building will determ~ne where the entries should be located
Commissioner Werem~uk stated that she has a problem with the lack of
access points from the CloWerfield side of the pro~ect Mr HEbbe~t stated
that the tenant use wilf determEne the access points He offered several
scenarios including general office space and a restaurant use Ms Frick
reminded the Commissian that they are approving office space and not a
restaurant use
Chair ZEnner asked stafF if the Gommission can use flexible language for an
approval Ms Fr~ck answered rn the affirmatjve
Chair Zinner asked staff to check the square footage cap on permitted uses
for the s~te Deputy C~ty Attorney Strobef stated that there ~s a cap an
restaurant space Mr Hibbert asserted that a restaurant use car~ be part of
the pro~ect and that the applicant ~s willing to do two access points on the
Clo~erfield side
6
~~ [~~~
Planning Commission
August 2Q, 1997
Commissioner Parlee stated he could support the motion if the pro~ect
returns quickly to the Commissian He also stated he could approWe the
pro~ect as presented
The Commission discussed whether they shauld approve #he pro~ect w~th
conditions or continue it for further discussion with City staff ~n two weeks
Ms Frick stated that the date cer~ain would be S~ptember 3, 1997
Commissioner Weremiuk asked that the following issues be included far
t~e ne~ct h~aring on this item two additEOnal access points on Glo~efield,
the design of the corner turret, add~tional retail and restaurant space floor
area cap, the ~nclusion of flexible language regarding ~he permitted uses,
pedestrian access ad~acent to the fountain, tF~e rnassing of the three
efements, and a discussion with City staff regard~ng street configuration
and placement o# sidewalks
Commissioner Gruber asked that the issue of ~nternal access at the rear af
the site be included Commissioner Werem~uk agreec!
The motion to continue to September 3, 1997, was appro~ed by the
followang vote
AYES Bracfiey, Breisch, Gruber, Moench, Parlee, W~remiuk, Z~nn~r
ACTION: CONTlNUED TO SEPTEMBER 3, 1997.
[The Commission took a break between rtems ]
7-B: Development Agreement 97-001 and Develooment Re~iew Permit 97-
001, 2200 Colarado A~enue. C5 lSnecial ~ff~ce Commerciall District,
Devefopment Agreement 97-001 for a third amendment to the existmq
Devefopment Aareement to remove the 6-storv limitation far the
de~elopment of a multi-familv housina ~roiect: and Develonrr~ent Review
Permit 97-0~1 to allow the constructian of a new. 285.492 sauare
foot, se~en-story, 351 unit anartment buildina with 9.500 sauare feet
of ground floar reta~! sqace. and seven levels (128.592 sauare feetl of
at-grade and abo~e-arade ~arkina. inciucitnq roof~oo oarkina. at the site
k~own as The Arboretum A Develonment Review Permit is reau~rec~ to
en$ure that the proposed proiect comqlies with the reauirements of the
De~elopment Agreement far this orooert~ lPlanner D Jerexl Abr~licant
for DA 97-001 Lincaln Property Comt~anv Applicant far DR 97-001
Da~id Forbes Hibbert for Arboretum De~eloqment Partners
7
~ ~,
~ Q 3
Planning Commission
August 20, 1997
The appl~cant. Qa~id Forbes Hibbert, 120 Broadway, Santa Monica 90401,
was present to discuss the pro~ect Also present were Dennis Cavalari af
Lincoln Properties (the developerf , a representative from Psomas and
Associates, and Kenneth Kutche~ from the Law Offices o# Lawrence ancf
Harding.
Tl~ere were no requests to speak subm~tted from ar~y member of #he public
Commissianer Werem~uk stated that she likes the pro~ect and asked if
the amenity le~els in the units will be the sarne #or a!f tenants, including
the low income tenants Mr Cavalari stated tt~at all units will ha~e
washerldryers, refng~ra#ors with ice makers, balconies, walk-in closets,
Roman tubs, dishwashers, built-in computer desks witY~ extra
telephones lines for facsimile machines and modems He also stated
that the bu~lding amenities will mclude a fitness center, media room,
large meeting room and business center
Comm~ssioner Weremiuk asked if there will be a fee charged for use of
the fitness center Mr Ca~alarE stated that there will be no added fees
to building residents
Commissianer Weremiuk asked why, of the 49 one-bedraom, two-bath
units, 45 of the one-bedroam units w~il be set aside for the low and
moderate income tenants Mr Cavallar~ stated that the reasans were
economic and the un~ts are designed ta meet the City`s minimum code
requirements
Commissianer Weremiuk asked if Lincoln Properties considers rt~oderate
income to be 100% of inedian income Mr Ca~allari answered in the
affirmative
Commissioner Weremiuk as~Ced if she was carrect that there are no
three- bedroom affordable income unrts. Mr Cavallari answered in the
affErmati~e
Commissioner Weremiuk asked if the cammunity room woulcf be
a~ailable ta the publ~c Mr Ca~allari answered in the negative
Commissioner Gruber asked abauf the use of palm trees on the
landscape p{ans The landscape architect for the pro}ect, Jim Hogan,
explained the modified plan and discussed the proposed tree plan,
which will include shade trees
S
~` `` I~ ~ r!
Planning Commission August 20, 1997
Chair Zinner closed the public hearing
Commissianer Parlee expressed strong support for the pro~ect He
commented that the massing and artECUlatian needs refinement prior to
gaing to ARB
Cammissioner Bradley commented on the pedestrian access way, which
appear ~ery narraw and unfriendly
Chair Zinner suggested the use of a change in pavement tex'ture for the
pedestrian accessways ad~acent to or crossing dnveways
Commissioner Parlee made a motion for appra~al per the staff repart
and with the candition that ARB pay particular attentian to artrculation
and parapet roof design "with a ~iew of beneficial simplifica#ion and
~efinement "
Commissioner Breisch second~d the mot~on
Chair Zinner as[ced if the motion included the revrsed language provided
by staff regarding department flexib~lity Commissioner Parlee answered
in the affirmative
Commissioner Weremiuk offered two fri~ndly amendments that
pedestrian entry b~ broader~ed and dif~erentiated in some fashion from
the auto driveway, perhaps through the use of textured pavement, and
that there b~ no difference between amenrt~es pro~ided from market
rate unit and ather income units
Depu#y City Attorney Strobel advised that the Development Agreement
locks m certain standards for amenrties that can be changed for
different types of renters. She stated that the propased condition can
be Encluded with the appra~al of the de~eloper Mr Cavallari agreed ta
the candition providEd that it does not include the number af bathrooms
per unit.
Chair Zinner repeated the proposed amendments as equal amen~ties,
the width of #he pedestrian sidewalk at the entrance on Calorado, and
crosswalk that crosses pedestnan walkway i~ehind Gateway
9
r4 y.~ ~ ~ '1
s ~~
Planning Commission
August 20, 1997
Commissioner Parlee agreed to the friendly amendment on the amenrt~es
but not the other amandment Commrssianer Breisch stated that he
does nat perceive a canflECt between the automabile traffic and
pedestrians He agreed that a change rn texture af the pavement would
be adequate
Commissioner Weremiuk stated that she wants more defmitian and
articulation so the building looks mare resident~al
Commissioner Breisch stated that he reads the design as a"piazza" and
the textured pavement would enhance the notion of a mixed use area
Chair Zinner recommended that ARB review the proposed pa~ement
textur~s for the pro~ect He asked if s~aff understands this condition
Ms Ginsberg asked for clarrfication
Cammissioner Gruber [off microphone] expressed support far "one le~el
with bollards for the open area" per Commrssioner Breisch's suggestion
Cammissianers Parlee and Breisch agreed to include the condition
Camm~ssianer Moench asked staff for the arder of the motions far th~s
pro~ect Deputy City Attorney Strobel stated that the Commissran
shauld first vote on the De~elapment Agreement
Cammissioner Parlee made a motion to approve the De~elopment
Agreement amendment
Commissioner Breisch seconded the motion
The motion was appraved by the fallowing ~ote
AYES• Bradley, Breisch, Gruber, Moench, Parlee, Weremiuk, Zrnr~er
Returning tv the first motion, Chair Z~nner asked about the fence height
location and design The landscape architect stated that the fence
height along Olympic Boulevard ~aries from 42-~nches to 72-~nches in
height and expla~ned the lacation of the railroad nght-of-way easement
Cammiss~oner Parlee stated he had no problem wrth the requested
fence height, especially along the railroad right-of-way, which he
constders a rear yard fence Deputy City Attorney S#robel stated tha~
the De~elapment Agreement states that all fences within the setback
10
.a~_ ins
1 v 1
Planning Commission
August 24, 1997
wiEl be 42-inches ~n height, "unless appro~ed by the Planning
Comrnission "
Cornm~ssioner Parlee revised the fence height candition to allow the 72-
3nch fence height along Olympic Boule~ard side of the property ar~d
afang the s~deyards Commissianer Breisch agreed to the revisian of
this candition
Commissioner Gruber expressed opposition to high fences, especially
between the Courtyard de~elopment and the westside of the Arbaretum
VFlla Apartments pro~ect Commissioner Parlee stated that the ARB can
deal wEth the fence design
Chair Zinner asked ta include the wording °open fence° in #he
conditions CommissEOners Breisch and Parlee agreed
Chair Zmner asked that the re~ised Canditian #42 fram the Lawrence
and Harding letter dated August 20, 1997, be included Ms Fnck
stated tha# staff has r~o ob~ection to th~s amendment Commissioners
Breisch and Parlee agreed to the amendment
Deputy City Attorney Strobel recammended that on Condition #52,
after the code sec~ion, the following words be added "En ~ffect on the
effecti~e date af Amendment #2 to the Development Agreement"
Commiss~oners Breisch and Parlee agreed to the am~ndment.
Chair Zinner suggested for the record #hat EPWMD look at the Title 24
requirements and that language be included to require appliances that
are energy efficient
Commissioner Gruber called this a"terrific pro~ect", especially the
courtyards and above grade park~ng
Commissioner Breisch also praised the affordable housing aspect of the
proJect He also expressed pleasure with the mixed use companent
Ms Frick stated the need to supplement the recard wrth certain
fmdings Ms Sc~achter read the fallowing four findings into the recard
1 Appropriate internal pedestrian circulation between related
buildmgs exists m that internal courtyard areas can be
1 'E
~ ~. ~ C ~
Planning Commission
August 20, 1997
accessed by residents from several points along interior
hallways or t~rough the clubhouse; that landscaped and
pa~ed areas surrounding the burfding are accessible by
srdewalks and grass areas a~ound the perimeter of the s~te,
and that walkways around the building perimeter enable
pedestr~ans to move internally throt~gh the block.
2 The placement of each use an the Praperty is campatible
with, and relates harmoniously to, all other uses on the
Property in that the proposed building is developed in
accordance with the development standards and permitte~
uses set forth in the Development Agreement, and that the
siting of the residential bu~lding relates harmoniously ta the
existing and praposed clevelopments on the Arboretum site in
that the pro~ect is bounded by an apprfl~ed office buildEng
and prflposed office buildrng on the west side, and a
proposed office bu~lding on the east side The building
materials cons~st of stucco with articulated planes echoing
the design details and articulation of #he Ralph's market on
the development site Wh~le the bu~iding desigr~s are
different, the materials used are intended to provide harmony
and a consistent cfllor scheme for all buildings on the srte
3 The design of the buildmg is pedestrian-oriented and relates
harmoniously to the surrounding sidewalks and streets in
that pedestnan traffic is fac~l~tated by providmg direct access
to the retail uses fram the public sidewalk, the building
design pro~ides the ability t~ fncorporata outdoar seatir~g at
the street frontage, and the inclusion of gr~und floor
neighborhood serving retail uses will enhance pedestrian
activity on Colorado Avenue In addrtian, landscaped areas
between the building and the sidewalk mclude planters, and
extensive paved areas punctuated by planters filled with
trees, shrubs and flowers These design features create a
pedestrian feel and help to enhance a ~isua~ly harmonro~s
relationship with the surrounding sidewalks and streets
4 The design of setback and open space areas v~sible from the
public sidewalks and streets features design elements whici~
enhance and encourage ~isual connection with the public
streetscape and the Property in that the setback along the
72
i~ ~ ~ ~~ .~
~ ~/ ~
Planning Commissian
August 20, 1997
Colorado Avenue frontage ranges frorr~ 40 to 42 feet, and
setbacks along Dlympic BouleWard range from 55 to 90 feet
Due to these g~r~erous setbacks, the viewer's eye is pulled in
from the public sidewalks to ample public gathering spaces
and neighborhood serWEng retail spaces In addition, pa~ed
areas along the building frontage include planters filled with
flowers, trees, and shrubs, which also enhance the building
des~gn at the pecEestrEan le~el
Commissioners Parlee and Breisch agreed to the findings
Ms Ginsberg read into the record from Section 9 28 af the Zoning
Ordmance that inclusionary units provided shall have at least the same
number of bedroams as the average number of bedraom units in the
entire pro~ect Deputy City Attorney Strobel stated that sta#f will craft
a condition to comply with this requirement
Commissioner Parlee asked the applicant if they agreed to the condition
The applicant's team expressed no oppositian
Commissioner Weremiuk asked about verification #hat the pro~ect meets
code. Deputy City Attorney Strobel commented that compliance will be
verif~ed
Mr Ku~cher stated that he has discussed the issue af the number of
bedrooms per unit with the Director af Planning and that the ratio and
proportion must be equivalent He alsfl stated that the de~elopment will
nat more forward if the number of betlrooms to mcome mix is changed
Ms Frick commented that the pra~ect has changed aver time and staff
will need to verify the current mix against cade requirements
The mofion was approved by the fallowing ~ote
AYES Bradley, Breisch, Gruber, Maench, Parlee, Weremauk, Zinner
[The Cammission took a break at th~s time ]
8. DISCUSSION:
A Commercial Setbacks in G2 & C-3 D~stricts iMoenc~ - 9l11/96)
13
a~ ~ ~ ~ t
J -#
Planning Commission
August 2D, 1997
Commissianer Moench asked that this item be withdrawn
Action: Withdrawn.
B ~esiqn Issues in Cammercial Alle~ Entrres (Moench - 7/30/97}
Comm~ssroner Moench commented on pedestnan arrented iss~es ar~d
asked staf~ to analyze this ~ssue for the next fiscal year He s#ated tf~at
alleys in commercral distr~cts are basically ugly and a study should be
dane to find ways to make them more friendly
The Commissian discussed how to priorrtize discussion items
Commissianer Gruber suggested that Commissioners write up a
synopsis ar propflsal for their iterns Cha~r Zinner recommended that
the propflsals be brief
Cammissianer Weremiuk commented on the alley issue as regards the
Third Street Promenade and the dawntown guidelines
The Commission agreed to prior~tize this issue for future budgeting of a
study Commissioner Gruber suggested that the study identify various
sundry effect, uses and the ownership of the alleys.
Actian: Discussion Held.
C Sittina Places in Commercial Districts (Moench - 7/30/971
Commissiar~er Moench cited a baok by W~11iam White entitled City
which concludes "that peaple sit mast where there are places to sit"
He suggested a star~dard requirement that certam Eot sizes require up to
10% seating on the building frontage
Cammissioner Grub~r felt this issue was micro-managing
Ms Frick commented that seating is important for pedestr~an orientation
and the Crty may loo~C at this issue mare cfosely in the future She
stated that rt is diffECUlt to regulate public amenities for the public
sector.
Commissioner Parlee expressed general agreement, howe~er he felt th~s
shaufd be a suggestion, not a mandate.
14
.,
~ ~, ~ i~ ~
J ;
Planning Commission
August 20, '1997
Commissioner Weremiuk expressed mterest in an incentive pragram for
providing seating
The Commission expressed general agreert~ent tha# this issue should be
prioritized and possibly cambine it with other commercial de~elopment
standards
Action: Discussion Held.
9. COMMUNICATIONS.
A Planning Commission Caselist
B Zoning Administratar Caselist
C Appeal of Planning Commission Dec~s~on to City Council
1 CUP 97-003, 191 Q Qcean A~enue [PritikinlaEcohol]
Appellant Julie Lapez Dad
14. COMMISSiQN AGEN~A:
The Commiss~on asked to agendize a discussian on expanding the
Cammission's rvle to incl~de acting as a Transpartation Commissivn
11 PUBLIC INPUT• NONE
12 ADJOURNMENT. T~e meetmg was ad~ourned at 1 1 p m
f.lplanlsharelpclminuteslpcm820 97
10/2/97 APPROVED AS AMENDED: OCTOBER 22, 1997
15
~ ~ j ~ k
ATTACHMENT G
- ., ~,
ATTACHMENT H