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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