SR-7A (10)
PCD SF KG AS DJ f \plan\share\councll\strpt\dr97005 wpd
CouncIl Mtg. November 25, 1997
7A
Santa MOnica, CalifornIa
IJC~ 2 5 IE]?
TO Mayor and City Council
FROM City Staff
SUBJECT Appeal 97-017 of Planmng Commission Approval of Development Review
PermIt 97-005 for a Portion of Phase III of Colorado Place (The Arboretum)
Conslstmg of a 191,000 Square Foot, Six-StOry Office BUilding Above a
Three-level, 625 Space Subterranean ParkIng Garage at the Site Known as
The Arboretum Applicant Arboretum Development Partners Appellant
Santa MOnica Police Officers Association
INTRODUCTION
This IS an appeal of Development Review (DR) 97-005, a proposed 191,000 square foot,
Six-stOry office bUilding above a three-level, 625 space subterranean parking garage
located at the site commonly referred to as ''The Arboretum" On September 3, 1997, the
PlannIng Commission voted 7-0 to approve the project The Santa MonIca Pollee Officers
AsSocIation appeared this determination on September 17, 1997 This report recommends
that the City Council deny the appeal, and uphold the Planning CommIssion action The
appeal statement IS contained In Attachment A
BACKGROUND
Pro!ect l-ocatlon
The subject property IS an 80,000 square foot site located at the corner of Colorado
Avenue and Cloverfield Boulevard The site IS one of five contiguous "zones" which form
the project area known as "The Arboretum" The 12 7 acre sIte IS bounded by Colorado
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'Jt~-?7A
Avenue to the north, Olympic Boulevard and the Southern Pacific Railroad Rlght-af-Way
to the south, Cloverfield Boulevard to the east, and 20th Street to the west The proposed
prOject IS located at the northeast corner of the sIte In the portion described on the Revised
Zone DIagram as the "Colorado/Cloverfleld Zone" (See Attachment I - RevIsed Zone
Diagram) Current on-site uses conSist of a Ralph's supermarket to the south In the
Olymplc/Cloverfleld zone, and the Sony MusIc Campus to the west, located In the
Twentieth Street Zone Two office bUIldings have also been approved for the Twentieth
Street Zone, and constructIon IS pending
A 351-unlt multI-famIly resIdential
project/parking structure with ground floor retail adjacent to the west of the project has
been approved by the Planning CommissIon for the Colorado Avenue and Olympic
Boulevard Zones, a Development Agreement amendment and an appeal on this project
will also be considered by the City Council this evening Uses In the project VICinity
Include the Department of Motor VehIcles, a school, and vanous light Industrial and studIO
uses to the north, office development to the east and west, and the railroad nght of way
and light Industnal uses to the south The proposed office bUlldmg shall be referred to
hereafter as "The Gateway"
Prolect Descrlotlon
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The Gateway would be located In the Colorado/Cloverfleld Zone as defined by the Revised
Zone Diagram (hereafter "Zone Diagram"), which IS located at the northeast corner of The
Arboretum site The Zone Diagram as set forth In the Second Amendment to the
Development Agreement desIgnates five zones on the property wIthIn whIch burldlngs may
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be located, and establishes, for each zone, maximum bUIldIngs heIghts, sIte coverage, and
bUilding envelope restnctlons for each zone Each zone may contain one or more
bUildings, however, any bUIlding constructed In two or more zones must meet the bUilding
height limit established for each zone
The Gateway was approved as a Six-stOry, 191,000 square-foot office bUilding with three
levels of subterranean parking The approval Included requirements which encouraged
pedestnan-frlendly design on both the Colorado Avenue and Cloverfleld Boulevard
frontages of the bUildIng Generous landscaping and open space IS prOVIded along these
frontages which Includes a pocket park and fountain at the corner, fountains and terraces
along the street frontages, and meandenng pathways which lead from the public sidewalk
to the Intenor pedestnan walkways and seating areas located on the property
In keeping with the Development Agreement's requirements that pedestnan Circulation be
prOVided throughout The Arboretum Site, the approval also reqUired that pathways
connectmg the property to Its neighbors be complemented by trellised walkways, large
trees, and consistent design elements such as SimIlar paving materrals between propertIes
to prOVide Visually compatible tranSitions throughout the entire site These requirements
ensure that pedestrians may travel through the site and from bUilding to bUilding without
having to use the public sidewalk surrounding The Arboretum property
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Backaround Concerntna Develooment Aareement
In December, 1987, the City Council approved a Development Agreement to allow the
construction of Phase 111 of Colorado Place This agreement allowed for the construction
of a 270,000 square foot hotel with a 96 foot height limit, a 60,000 square foot
subterranean health club, and 770,490 square feet of commercial office space In several
bUildings ranging In height from 57 to 84 feet The overall project size was limited to
1,040,490 square feet, with a floor area ratio (FAR) of 1 85 Subsequently, two
Memorandums of Clarification were approved In 1987, and Amendments to the
Development Agreement were approved In 1988 and 1994 SInce 1991. the fOllOWIng
approvals have been granted
Develooment ReView 91-002 - Sony MUSIC Camous
. -.
May, 1991 95,000 square feet of commercial office space In three bUildings (two and
three stones In height) over a one-level 232-space subterranean parking garage
Development ReView 94-006 - Ralph's Market
October, 1994 A one-story, 41,040 square foot supermarket With approximately 8,616
square feet of warehouse area and 209 parking spaces A Second Amendment to the
Development Agreement was approved concurrently With thiS project ThiS Amendment
removed the hotel as a permItted use, added a general market'grocery as a permItted use,
allowed for multI-family residential use, and adjusted bUIlding heights and square footage
OR96-004 - Arboretum Courtyard
December, 1996 Two four-story office bUildIngs totaling 124,471 square feet over a three-
level subterranean parking garage With 487 parking spaces
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OR97 -001 - Lincoln Prooertles Arboretum Villas
November, 1997 A seven story, 351-unlt apartment complex (including on-site
'ncluslonary Units), 9,389 square feet of ground floor reta,) space, and seven levels of at-
grade and above grade parking, Including rooftop parking ThiS project Included a Third
Amendment to the Development Agreement to remove the six-story limitation for the
development of a multi-family housing project On November 11 th, the City Council
approved thiS amendment, as well as the proJect, which had been appealed by the
applicant
l.ot line AOJu$tments
Three lot line adjustments have been approved to date for the project site to accommodate
the deSign and placement of each building on the Site without haVing bUildings "straddle"
over more than one property Irne
PLANNING COMMISSION REVIEW
When the Planning Commission initially reviewed The Gateway proposal on August 20,
1997, the Commission expressed concern that there was not sufficient remaining square
footage available for retail and restaurant uses at the Arboretum Site, pursuant to the
Development Agreement limitations for these uses, to ensure such pedestrian Oriented
uses could be Included In The Gateway project In addition, the CommiSSion felt that the
overall bUilding deSign and pedestrian acceSSIbility to and around the project site reqUired
refinement At that meeting, the CommiSSion directed Staff to address these Issues as well
as to provide additional Information regarding the publiC works Improvements surrounding
the Site, With an emphaSIS on the deSign and widening of Cloverfleld Boulevard The
hearing was continued to September 3, 1997
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At the September 3, 1997 meetmg, the applicant presented a revIsed design whIch
complied with the reqUirements of the Development Agreement and enabled the
CommiSSion to approve the project The approval considered the following Issues
Prolect Deslan
- ~
The Planning Commission found that the siting of The Gateway relates well and IS
compatible wIth other uses on the property, In particular, with the eXisting supermarket
on the south (rear) side, and proposed mIxed use (IncludIng multI-famIly resIdential)
bUIldings on the west side Pedestrran traffic to the market IS facIlItated by a landscaped
pathway at the rear of The Gateway ThiS pathway also connects to the building's west
sIde, which provides a landscaped buffer and paved access to the proposed, neighboring
apartment complex In addition, the mix of bUilding matenals, Including a red stone veneer
arcade and cornices, dry wall finishes which provIde a stucco-like appearance, and copper
clad barrel roofing matenals are similar to those approved for the office bUildings In the
20th Street Zone Therefore, while the bUilding deSigns are different, the matenals used
are Intended to provide harmony and a consIstent color scheme for all offIce bUIldIngs on
the site
ODen Soace
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The Gateway project provides open space areas (approximately 43% of the total lot area)
which Include deSign elements such as a pocket park at the corner, and terrace areas
around the bUildings The deSign provIdes for pedestnan accessibility to the open space
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through the use of meandenng pathways that connect the public sidewalk to the terraces
and outdoor seating areas These public spaces are further enhanced with trellises, trees,
fountains, and planters
Pedestnan CirculatIon
The CommissIon also found the project to be consIstent wIth the Development
Agreement's reqUIrements for pedestnan CirculatIon throughout the sIte, In that landscaped
pathways are proVided both around and through the subject property which connect to the
adjacent parcels and bUildIngs These desIgn features are a pedestrian amenity whIch
help to vIsually enhance the relatIonshIp of the project to the surrounding sIdewalks and
streets, and provide linkages between the parcels on the overall site
APPEAL
The project has been appealed by the Santa MOnica Police Officer's ASSociation The
specific reason stated for the appeal IS that the analYSIS of the Impacts of the project
regarding traffiC counts, mtersectlon levels of service, emergency response time, and
demands for police and fire services are from an Environmental Impact Report certified 10
years ago (Attachment A, Appeal Form) These Issues are discussed below
Environmental ImDaet Reoort for Colorado Place Phase III
The Development Agreement for The Arboretum (also known as Colorado Place Phase
III) was executed on December 17, 1987, after preparation of an EIR for the project The
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EIR found that the project would have sIgnificant unavoIdable Impacts related to
transportatIon and circulation, even with the Incorporation of mitigation measures
Therefore, the Council adopted a Statement of Overriding Considerations with regard to
these Issues However, the EIR also found that all other areas studied by the EIR were
found to have either an insIgnificant or benefIcial Impact after mItigatIon
Envlronmentallmoact Reoort for the Second Amendment to the Development Agreement
In 1993, an EIR was prepared In conjunction with the Second Amendment to the
Development Agreement to allow the constructIon of a supermarket. certain neighborhood
commercial uses, and multi-family residential units on the site ThiS EIR evaluated the
environmental effects of the project as compared to bUild-out of the eXisting approved
Development Agreement Four development schemes were studied Scheme B. which
allowed for a mix of reSIdential, offIce, and grocery store development, considered offIce
development totaling 625,490 sq ft , which IS greater then the amount of commercial office
square footage (411,000 sq ft ) contemplated by The Gateway project and the other office
projects that have previously been granted approvals, combined with up to 216 reSidential
Units Scheme C analyzed bUild out of the site with the eXlsllng 90,000 sq ft Office
bUilding combined with a grocery store and 760 residential Units Based on thiS analysIs,
the Development Agreement amendment approved reduced the maximum amount of office
space allowed to 720,490 sq ft, permitted a 50,000 sq ft Grocery store, and allowed up
to 760 reSidential Units The office and reSidential development approved to date for the
Arboretum, as well as the subject project under appeal, comply with these approved
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development parameters
Aooeallssues
The Issues raised by the appellant relate to traffic counts, Intersection levels of serVice,
emergency response time, and demands for police and fire services All of these Impacts
were studied first In the EIR prepared In 1987 when the Development Agreement was first
executed, and again, In 1993, In the EIR prepared for the Second Amendment to the
Development Agreement The nghts granted by the Development Agreement relied upon
the analysIs, InformatIon, and projections contained In these EIRs The recommended EIR
mItigation measures from the 1987 EIR. Included traffic mitigation measures to reduce
traffic Impacts and a requirement for on sIte secunty to address Impact to police servIces
These mItigatIons were Incorporated Into the anginal Development Agreement, whIch was
subsequently adopted by City Council ordInance The addItional mItigation measures
recommended In the 1993 EIR were subsequently Incorporated Into the Second
Amendment to the Development Agreement When a Development Agreement IS
executed, specific development rights as well as mitigation measures are vested for the
term oftMe Agreement As a result, the City does not have the ability at thiS time to reVise
the analysIs and apply new conditIons and mitigation measures to the project Therefore,
If the Council deCided to required new conditions, the Development Agreement prevents
the City from enforCing such conditions
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OeveloDm~nt Agreement Standards
In addition to the EIR mitigation measures, the Development Agreement Includes specific
development standards for projects at the Arboretum site These Include limitatIOns on
bUilding heights, square footage for each approved use, parking, open space, and
bUilding volume envelope The Gateway was reviewed by the Planning CommIssion In
accordance with the crltena set forth In the Development Agreement, and was approved
on the basIs that It met the required standards
PUBLIC NOTIFICATION
Pursuant to MUnicipal Code Section 9 04 20 22 050 and Government Code Section 65091
notice of the November 11, 1997 City Council heanng was published In the Outlook and
mailed to property owners as well as resldentla! and commercIal tenants located Within a
500 foot radiUS of the property at least ten consecutive calendar days pnor to the heanng
In addition, all members of the public who wrote to the City regarding this project were also
notified
eUDGET/FISCAL IMPACT
The project would not result In any budget or fiscal Impacts to the City
CONCLUSION
Staff believes that the Planmng CommissIon review of the project approvals was properly
conducted In the manner set forth In the Development Agreement Although the appellant
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contends that the methodology for analyzing Impacts associated with The Gateway was
from an EIR certified ten years ago, the proposed project was covered In the analysIs
within the EIR prepared for the Second Amendment to the Development Agreement which
was certified by the City Council on January 24, 1995 The project. as approved, compiles
WIth the development standards set forth In the Development Agreement and With the
mitigation measures established by the EIRs prepared for the project site and adopted by
the City Council
RECOMMENDATION
It IS recommended that the CIty Council deny appeal 97-014, and upholding the PlannIng
CommisSion approval of Development ReVIew PermIt 97-005 With the followIng findIngs
and conditions
FINDINGS
1 The placement of the proposed office bUilding on the Real Property and the location
of the proposed uses (general office) Within the bUilding are compatible With, and
relate harmoniously to, surrounding sites and neighborhoods In that the bUilding
compIles With the setbacks and heIght limits established In the Development
Agreement, which were established to maintain continuity between each phase of
development, the building deSign and placement provides public open
spaceJvlewshed areas for the overall project Site, and that the landscaping,
walkways, and entry plaza have been deSIgned to mclude a phYSical and Visual
connection to the other eXisting and proposed developments (Ralph's Supermarket,
Sony MUSIC Campus, TwentIeth Street Zone Office BUildings) on the sIte through
the use of similar bUilding matenals, deSigns, landscaping, and continuous
sidewalks around the pen meter of the sIte
2 The access pOints and Internal Circulation plan are adequate to accommodate
anticipated automobIle and pedestnan traffiC for the proposed building In that the
conceptual landscape deSign prOVides for a series of pedestrian sidewalks
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Interspersed with landscaped areas whIch shall be subject to approval by the
Architectural RevIew Board The proposed parking meets the limitations and
requirements of the standards set forth In the Development Agreement One
general driveway access and one service driveway access on Colorado have been
provided and access and clrculatlon have receIved preliminary approval, and are
subject to final review and approval of the City's Parking and TraffiC Engineer
3 The building height does not exceed that permitted by Section 9(b) of the
Development Agreement In that the bUIldIng compIles WIth the SIX-StOry, 84 foot
height limIt In the Colorado/Cloverfleld Zone
4 The setback requirements of Section 9(d) of the Development Agreement are
complIed With for the proposed bUilding In that the bUilding meets the minimum 20-
foot setback base line reqUirement by being set back a minimum of 39 feet on the
Colorado frontage, and a minimum of 51 feet along the Cloverfield frontage, and the
placement of each proposed bUilding IS compatible With and relates harmoniously
to, the open space reqUired by Sectfon 13(b) the Development Agreement In that
the coverage IS approximately 43% of the lot on which It IS located, and the
development of the bUilding would result In less than 50% coverage for the overall
project site
5 The proposed bUilding compiles With the BUilding Volume Envelope restnctlon of
section 9(e) of the Development Agreement In that the maximum height of the
bUilding on the Colorado frontage Will be over 57 feet With an average setback
greater than 55 feet, and the maximum height of the burldlng along the Cloverfle/d
frontage IS over 57 feet, and IS set back more than 40 feet from the curb line along
ItS entire frontage
6 The number of parkmg spaces required by Section 9(f) and Exhibit C of the
Development Agreement are being proVIded In that 613 are reqUIred and 625 are
proposed The Development Agreement also restricts the maximum number of
compact spaces to 40% of the total required (or 245 spaces), and 135 (22%) are
proposed
7 The aggregate floor area square footage for each use on the Real Property In all
bUildings previously approved under Section 9(1) of the Development Agreement,
and that being proposed, compiles With Section 9(g) and 9(z) of the Development
Agreement WIth respect to the last bUIlding to be submitted for review In that the
proposed 191,000 FASF IS less than the 260,019 FASF remaining available for
development for offIce and other uses
8 The placement of each use on the Property IS compatible 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 permitted uses set
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forth In the Development Agreement, and that the siting of the office bUilding relates
harmoniously to the eXisting and proposed developments on the Arboretum site In
that the project IS bounded by an eXisting supermarket on the south (rear) side,
and proposed mixed use (Including multi-family reSidential) bUildings on the west
side The reSidential portIon of the adjacent property IS buffered from the project
by a dnveway to the parking garage, as well as administrative, clubhouse, and
commercial retail uses which are part of the mixed use reSidential component which
abut the project's Side property line In addition, the building matenals consist of
a red stone veneer arcade and cornices, dry wall finishes which provide a stucco-
like appearance, and copper clad barrel roofing matenals, (Including a glass
paVIlion WIth a copper roof) These matenals are Similar to those approved for the
office bUildings In the Twentieth Street Zone Therefore, while the bUilding deSIgns
are different, the matenals used are Intended to provide harmony and a consistent
color scheme for all office bur/d1ngs on the sIte
9 The deSign of the building IS pedestnan-onented and relates harmOniously to the
surroundIng SIdewalks and streets In that pedestrian traffic IS faCilItated by proVIding
access to the bUilding not only through the parking structure, but also through a
large entry plaza and arcade set back 86 feet from the curbllne which proVides
direct, street-level pedestnan access from Colorado Avenue, and by prOViding
landscaped areas between the bUilding and the Sidewalk which Include numerous
planters for trees, Including garden walls which double as benches. fountains In
the arcade area and at the Colorado Avenue/Cloverfleld Boulevard corner. 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 VIsually
harmonious relationshIp WIth the surrounding SIdewalks and streets If approved
by the appropnate City Department, and agreed to by the developer, pedestrian
onentatlon may be enhanced by a public easement granted to the City by the
developer whIch enables a WIdened parkway/buffer from Cloverfleld Boulevard, or,
If such easement IS not received by the City, a meandering path through the on-site
landscaping along the Cloverfleld Boulevard frontage shall create a harmOniOus
pedestrian envIronment
10 The deSign of setback and open space areas VISible from the public Sidewalks and
streets features deSIgn elements WhlCh enhance and encourage VIsual connectIon
With the public streetscape and the Property In that the setbacks on the Cloverfleld
Boulevard frontage are 51 feet, and range from 39 to 86 feet along the Colorado
Avenue frontage Due to these generous setbacks, the viewer's eye IS pulled In
from the public Sidewalks and streets to focal pOints which Include a fountain, plaza,
and seating area at the Colorado/Cloverfleld corner. an arcade and series of
fountalns on the Colorado Avenue frontage, and paved areas along the bUilding
frontage which Include planters filled With flowers, trees, and shrubs, which also
double as seating areas for pedestrians
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11 The project provides appropnate Internal pedestrian circulation between related
bUlldmgs on the property In that an Internal hallway Will be provided In the office
bUilding so that pedestnans may walk Into the bUilding from the Colorado Avenue
entrance, and exit through the south end of the bUilding and onto a landscaped
pathway with pergolas and trellises which leads directly to the nelghbonng
supermarket, and that the bUilding IS surrounded on all Sides by Interconnected
pathways which provide access to both neighboring parcels and the publiC
Sidewalks
Conditions
1 PrOlect DeSign
(a) A pedestnan access pOint shall be proVided on the south bUilding facade,
and an Interior hallway or lobby area shall be proVided InSide the bUilding
which Will allow pedestnans to enter the bUilding on the Colorado Avenue
(northern) SIde, and eXIt at the rear (southern SIde) of the offIce burldmg and
onto the rear pathway leading to the neighboring supermarket The terrace
on the south Side of the building shall connect to the adjacent supermarket
property to provide adequate pedestrian access between the two bUildings
and properties
(b) The pedestrian pathway between the project and the proposed adjacent
reSidential parcel along the west Side of the office bUilding shall be
landscaped In a manner consistent With the tree-lined theme proVided along
the pedestrian walkway lining the south Side of the bUilding, including the
Intersection where the southerly pedestnan access meets the trash pick up
area, and shall provide a piazza-like deSign along the western portion of the
north-south corndor which proVides a visual connection and reference to the
entrance of the nelghbonng reSidentIal bUilding ConSideration shall be
given to opening up the area between the two parcels (which may Include
removal of the curb separating the pedestrian areas from the dnveway), and
prOViding consistency In the deSign of the two projects Landscape plans
shall be subject to ArchItectural ReView Board revIew and approval
(c) The open space area along the Cloverfleld Boulevard frontage shal) Include
a pedestnan buffer consisting of large trees located adjacent to the publiC
nght-af-way to create pleasant landscaped a corndor WIth ample space
between the bUilding and trees for pedestrians to walk along the terraces
and pathways A parallel pedestrian pathway which meanders through the
landscaped areas adjacent to the terrace shall also be Included, or, In the
alternative, an additional parkway area may be added along the Claverfleld
Boulevard nght-of-way If the applicant chooses to grant such an easement,
which would be subject to review by the City Engineer Landscape plans
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shall be subject to Architectural Review Board review and approval
(d) The massing of the three corner element of the bUilding located at the
Cloverfield Boulevard and Colorado Avenue Intersection (Including the four-
story cylinder structure, the fifth floor balcony area, and the Sixth floor glass
roof feature) shall be examined by the Architectural Review Board to ensure
compatIbility With the scale, massing, and materials of the entIre bUilding
(e) The open space area adjacent to the Intersection of Colorado Avenue and
Cloverfreld Boulevard shall contaIn a pocket park which shall be subject to
review and approval by the Architectural RevIew Board The fountain design
Included In thIs area shall engender a connection With the corner terrace so
that the area as a whole becomes a more useable space Design plans shall
be subject to Architectural Review Board review and approval
2 The applicant shall provide funding In an amount not exceed $75.000 for the design
and Installatlon of updated intersection sIgnal eqUIpment as part of the City's
centralized computer signal control system for the intersection of 20th Street and
Broadway ThiS Will Include a new signal controller, new signal poles, mast arms,
signal head and Interconnect as determined appropriate by the City's TraffiC and
Parking Engineer Notwithstanding the foregOing however, the applicant shall, In
accordance With the Development Agreement, be entitled to request preparation of
addItional envIronmental analyses, at the applicant's expense, to determine whether
a proposed development scenario whIch differs from a development scenano whIch
was studied In the EnVironmental Impact Reports prepared for the project would,
In fact, create a significant environmental Impact on thiS Intersection when
compared to the Impact which would have been created by the uses permitted In
the Development Agreement and Identified In the Final EIR relating to Amendment
Number Two as the "existing Development Agreement" If the applicant makes
such a request and submits the necessary funds to pay for such additional
envlfonmental analyses, the CIty shall cause such addItional envIronmental
analyses to be prepared and circulated for public comment to the extent required
under the California EnVironmental Quality Act If such additional environmental
analyses are prepared, they shall be presented to the Planning Commission for
review and the applicant shalf be requIred to mitigate those Significant adverse
environmental Impacts, If any, which the Planntng Commission, or the City Council
on appeal, finds are projected to result from such proposed development scenario
which would not be projected to have resulted from the "exlstmg Development
Agreement" In order to ensure the Improvements are completed, prior to bUilding
permit Issuance a cashIer's check or cash depOSIt In escrow from the applicant In
the amount of $75,000 shall be required Any cost savmgs Will be reimbursed to
developer upon completion of Improvements
The Department of EnVironmental and PubliC Works Management may modify thiS
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condition In accordance with the standards set forth In Section 6-C of the
Development Agreement regarding project phasing or Exhlblt D of the Development
Agreement regarding substitute Improvements
3 Extenor walls and roofs shall be finished With light-colored matenals With high
emissIvity charactenstlcs to reduce cooling loads Interior walls shall be finished
With light-colored matenals, except where dark colors are preferable for aesthetIC
effect, to reflect more light and thus rncrease Irghtlng effIcIency A performance
check of the Installed space conditioning shall be completed by the
developerllnstaller pnor to Issuance of a certificate of occupancy to ensure that
energy-effiCIency measures Incorporated Into the project operate as deSigned
Heat-reflective draperies or other covenng shall be Installed on appropnate
exposures BUilt-In appliances, refngerators and space-conditioning equipment
shall exceed the mInImum effIciency levels mandated In the CalIfornia Code of
Regulations The applicant shall consult With the Southern California Edison
Company and the Southern California Gas Company regarding any other feaSible
energy conservatIon measures that could be Incorporated Into the deSIgn of the
Project
4 The applicant shall comply WIth the applIcable proVISions of NOIse Ordinance No
1638 (CCS) of the Santa MOnica MuniCipal Code and With the City of Santa Monica
Construction Hours Ordinance The applicant shall enter Into a construction
mItigatIon plan WIth the CIty In accordance With customary CIty poliCies
5 To minimiZe excessive light and glare, bUilding extenors shall utilize low reflectance
matenals Mirrored glass and other highly reflectIve bUIlding materials shall not be
utilized on the extenor of bUildings All outdoor lighting other than Identification
slgnage shall be directed from the penmeter of the property toward bUildings and
parkmg areas utIliZing cut-off fIxtures to prevent nighttIme IllumInatIOn to spIll onto
adjacent properties and reSidential uses on-site Extenor bUildIng courts and
corndor Illuminating shall be deSigned to minimize IntrUSive glare on adjacent land
uses Low level security lights shall be used along driveway entrances Plant
matenals, shade structures and other architectural deSign features shall be used,
where appropnate, to decrease reflectiVity of hardscape and light and glare toward
adjacent land uses
6 The project shall comply With Ordinance 1506 (CCS), the Spnnkler Ordinance, to
ensure adequate fire preventIon In non-resIdential structures
7 Attempts shall be made not to obstruct any of the surrounding streets dUring the
construction penod All construction equipment and matenals shall be kept on the
project site to aVOid obstruction of traffiC Circulation, espeCially dunng traffiC peak
hours As reqUired by the City of Santa MOnica Fire Department, access for fire
equipment shall be maintained dunng construction
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8 The applicant shall work With the Police and Fire Departments of the City on
bUilding/complex design to assist With emergency access to the site and on facIlity
deSign In terms of "target hardening" against criminal activIty for both residential
and commercial deSign Entryways, elevators, lobbies and parking areas shall be
well-Illuminated and deSigned WIth mInimum dead space to eliminate areas of
concealment
9 The Project shall comply With the City's No Water Waste Ordinance (No 1527) and
Ordinance No 1513, to the extent such ordinances are applicable to projects of
comparable type and size EffiCient Irrlgatlon systems shall be Installed to minimiZe
runoff and evaporation and maXimize the proportion of water available for use by
plant matenals In landscaped areas Water conserving landscaping utIliZing drip
Irrigation and appropnate mulching to retain SOil mOisture to the SOil shall be used
In all common areas and encouraged elsewhere WIthIn the Project If avaIlable to
the ProJect, reclaimed water shall be utilized as a source to Irngate large
landscaped areas Drought-tolerant, low water consuming plan vanetles shall be
used on site to reduce lrrrgatlon water consumption None of the foregOing shall be
applicable to the extent that Project utilizes the eXisting water treatment plant
located on the Property to obtain water for Irngation
The Department of EnVironmental and Public Works Management may modify thiS
condItIon In accordance WIth the standards set forth In SectIon 6-C of the
Development Agreement regarding project phaSing or Exhibit 0 of the Development
Agreement regarding substitute Improvements
10 Information shall be prOVided to reSidents and employees of the project by
applicant about the recycling services In the area Buy back centers and pOSSible
markets for recyclables In the area shall be Identified Recycling glass, metal.
paper, cardboard and other matenals to the maximum extent feaSible shall be
suggested to reSIdents and bus mess Adequate space shall be proVided per
current City speCifications for on-site trash and recyclable collection/separation
11 Prior to Issuance of a building permIt for the project, The applicant shall submit an
analYSIS to the City's Department of EnVironmental and PubliC Works Management
demonstrating that the deSign of the proposed structure(s) Will result in a ten
percent energy effiCiency Increase over the life of the structure(s) above the
reqUirements of Title 24 of the California BUilding Code, to the extent such Increase
can be Implemented on a cost-effectIve baSIS measured over the ',fe cycle of the
structure( s)
12 Prior to the Issuance of any demolition permIt With respect to development on the
Property, the applicant shall file a demolition matenals recyclIng plan for approval
by the Department of EnVironmental and PubliC Works Management which seeks
to maximIze the reuse/recycling of eXisting bUilding matenals Pnor to the Issuance
17
of any bUlldmg permIts WIth respect to development on the Property, a construct/on
matenals plan shall be filed for the approval of the Department of Environmental
and Public Works Management which seeks to maXimize the reuse/recycling of
construction waste, and to maXimize the use of the recycled and environmentally
superior bUIlding matenals
13 The applicant shall pay the CIty's applicable sewer connection fee subject to the
following requirements
(a) To the extent wastewater from floor area of new construction of the property
IS treated at an on-site sewage treatment system and recirculated for use In
landscaping, decorative water features and/or flushing of tOilets and urinals
(In each case, whether on-site or off-Site), the applicant shall pay a sewer
connection fee of ten percent (10%) of the generally applicable sewer
connection fee for such floor area prior to building permit Issuance
(b) To the extent wastewater from floor area In new constructIon of the property
IS used for general commercial office IS not treated at an on-site sewage
treatment system, The applicant shall pay the generally applicable sewer
connection fee for such floor area plus twenty-five cents ($ 25) per square
foot of such floor area prior to bUilding permit Issuance
The Department of EnVironmental and Public Works Management may modify thiS
condition In accordance With the standards set forth In Section 6-C of the
Development Agreement regardIng project phaSIng or ExhIbIt D of the Development
Agreement regarding substitute Improvements
14 All drainage from the property must drain to the one or more of the public streets
bounding the property or directly Into a publiC storm drainage system In a manner
approved by the Department of EnVironmental and Public Works No surface
drainage may be discharged onto abutting properties
15 Any Item permItted by the CIty's ZonIng Code, as It may eXIst from tIme to tIme, to
project Into any required yard shall be permitted to project Into the required
setbacks set forth In Section 9( d) of the Development Agreement and the reqUired
"BUilding Volume Envelope" standards of Section 9(e) of the Development
Agreement All such projectlons shall be Ignored In determlnlng compliance With
Section 9(c) of the Development Agreement. As of the date of thiS Second
Amendment, those perffiltted projections are set forth In Section 9 04 10 01 180 of
the MUnlclpal Code
16 The following standards shall apply to the deSIgn of all solar energy systems
(a) Roof-mounted solar collectors shall be placed In the location least vIsible
from a publiC nght-of-way Without redUCing the operating effiCiency of the
18
collectors Wall-mounted and ground-mounted solar collectors shall be
screened from public view
(b) When feasible, collectors shall be Integrated Into the deSign of the bUilding
Structural support for the collectors shall be screened In a manner that IS
compatible with the deSign of the bUIlding
(c) Appurtenant equipment, particularly plumbing and related fixtures, shall be
Installed In an attic or basement, where feasible
(d) Large accessory fixtures which must be exposed (e g I storage tanks) shall
be screened where possible through architectural features that harmOnize
with other deSign elements of the structure
(e) Storage tanks shall not be located In any reqUIred front or side yards, nor
shall they be vIsible from any public nght-of-way
(f) Extenor surfaces shall have a matte finish and shall be color-coordinated to
harmonize with roof matenals or other domInant colors of the structure
(g) Any pool or spa facilIties shall be provided wIth a solar cover or solar water
heating system
17 Miscellaneous DeSign ReqUirements
(a) Every use shall be so operated that any sIgnificant, direct glare inCidental to
the operatIon of the use shall not be vIsible beyond the boundaries at the
property
(b) All signs on the premises shall comply With the provISions of Chapter 9 52
of the CIty's Munlclpal Code
(c) All commercial uses shall be so operated as not to produce humidity, heat,
or cold which IS readily detectable by persons Without Instruments on
adjacent parcels or rlghts-ot-way
(d) All commercial uses shall be so operated that no loudspeakers, bells, gongs,
buzzers, or other noise attention or attracting deVices exceed 45 decibels at
anyone tIme beyond the boundaries of the property
(e) No sales, rentals, long-term storage, repair work, dismantling, or servIcing
of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, Junk, or
theIr receptacles, or bUIldIng matenals shall be permItted on the property
(f) BUilding materials for use on the property may be stored on the property
dUring the time that a valid bUilding permIt IS In effect for construction on the
property
(g) No commercial use shall cause a steady-state earth-borne OSCillation which
IS continuous and occurnng more frequently than 100 times per minute The
ground VIbratIOn caused by movJng vehIcles, trams, aIrcraft, or temporary
construction or demolition IS exempted from these lImits
18 No pIpeline shall be bUllt, laid or malntamed on the property For purposes of thiS
Section, "pipeline" Includes all real estate, fixtures and personal property owned,
controlled, operated or managed In connection WIth or to faCilitate the transmission,
storage, dlstnbutlOn or delivery of crude OJI or other flUid substance through
19
pIpelines, provIded. however, that thIs Section does not apply to
(1) Any pipeline used for the delivery of water or the removal of sewage
(2) Any pipeline used for the delivery of natural gas
(3) Any pipeline located exclusively on the property and used In
connection with any lawful activity thereon
19 Upon execution of the Development Agreement, Property Owner's predecessor-In-
Interest paId to the City the sum of $2,200,000 The CIty and Property Owner
mutually agree that thiS sum constitutes 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 Amendment #2 Accordingly, In calculating 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 credIt In the
amount of such advance payment
20 The areas deSIgnated on the Zone DIagram as 'ColoradolTwent,eth Plaza',
'Colorado/Cloverfield Plaza', and 'OlymplcJCloverfield Gateway' shall be developed
and used for public vlewshed purposes (the 'Open Space') The Open Space shall
consist of an aggregate of at least 40.000 square feet Of thiS 40,000 square feet,
the Colorado/Cloverfield Plaza shall have a minimum of 3.000 square feet of Open
Space The applIcant shall cooperate WIth all surrounding property owners to
develop a umform landscape and streetscape plan The Open Space shall at all
times remain the property of the Property Owner and shall be maintained by
Property Owner at Its sole cost and expense A site plan demonstrating compliance
shall be a condition of Architectural ReView Board approval and required pnor to
Issuance of bUilding permit Olymplc/Cloverfleld gateway has been landscape In
accordance With Development Agreement ExhibIt D Proof of compliance With the
obligation to coordinate With other property owners re uniform
landscape/streetscape, IS requIred pnor to Issuance of bUIlding permits
21 The Development Agreement requires that the Property Owner pledge at least
$250,000 to the Santa Momca Arts Foundation (the "Foundation") for the
acqUIsition of artwork to be placed In the publIC areas of the ProJect, an Art
Selection Committee be formed consisting of representatives of Property Owner,
the Santa MOnica Arts Commission (the "Commission") and the Foundation, and
Within one year follOWing the date of the Development Agreement approval, the Art
SelectIOn Committee, With the approval of Property Owner, establish a plan
consisting of general gUidelines for the type, Size, cost and location for vanous
artworks around the Project To satisfy thiS requirement, $74,500 has been paid
With a balance due of $175,500 The value of the fountain at OlympiC and
Cloverfleld (Ralph's) shall be calculated and subtracted from the balance due In
order to ensure compliance With thiS requirement, a cashier's check or cash depOSit
In escrow from the applicant for any balance due shall be required pnor to bUilding
20
permit Issuance In addition, establishment of Arts Selection Committee to be a
condition of all projects Compliance required before Issuance of bUilding permIt
22 The project shall comply with all provIsions of CalIfornia Title 24 Energy
Regulations and shall Include as a minimum the following features
(a) Eneray Management System All air conditioning and other mechanical
equipment and motors will be started and stopped from the system console
and water and aIr temperatures can be remotely reset The foregOing, In
conjunction with remote sensing of outside and Inside conditions, will permit
system operation refinements resulting In energy optimization. and wIll
prevent unnecessary energy consumption dUring bUSiness and non-business
hours This system will also be used to control the use of lighting
(b) AIr Condltlonlna An economizer or "free cooling'. cycle will be used which
will enable the use of outdoor air rather than mechanically refngerated air
whenever outsIde temperature permIts Varrable volume atr dlstrrbutron
systems will allow air supply quantities to be reduced as cooling loads
decrease resulting In reduced fan power consumption at reduced loads Air
supply to periodically unoccupied areas, such as conference rooms, can be
mInimized Low pressure air dlstnbutlon systems wIll be utIlized to minImIZe
fan horsepower Cold plenum temperature at aIr condltlonlng Units will be
reset automatically to a higher temperature (when aIr conditions warrant)
with resultant energy savings
(c) Lighting High effiCiency florescent lamp/ballast systems wIll minimiZe
energy consumption MaXimum provISions for local light sWItching Will be
provided to permit use of lighting only when space IS occupied Photo cell
control of lighting In areas where natural Illumination could suffice Will be
provided Extenor and certam operational lighting Will be controlled from the
energy management system to optimize operation and minimize energy
consumption Where decor or function dictate the use of Incandescent or
tungsten halide lighting, extensive control equipment Will be provided to
optimIze operatIon and Increase lamp lIfe
(d) Other Enerav Considerations High effiCiency roof and wall Insulation as
well as heat absorbing glass Will be utilized to reduce cooling and heating
loads All air supply ducts WIll be Jnsulated to reduce energy losses to non
air conditioned spaces Hot water piping and storage tanks Will be fully
Insulated All tOilet fixtures shall be "low flow" Sun shading of Windows Will
be Incorporated where appropriate to further reduce air conditiOning
reqUirements
SpecifiC condItions regardmg energy conservation reqUirements from the
21
Amendment to the Development Agreement have been Incorporated Into the
proposed Condrtlons of Approval for this project
(e) Adlustment for Substitute Technoloav
(I) The app/rcant shall be entrtled to substitute other energy management
measures In the project for those descnbed above upon submIssion of an
application to the City BUilding and Safety DIvIsion demonstrating to the
Department's reasonable satIsfactIon that said substitutIon IS at least as
energy effiCient as the measure It IS proposed to replace
(II) The applicant's applIcatIon shall state the specific substItution being
proposed and attach such plans, specificatIOns and supporting matenals as
may be reasonably requIred by the City BUilding and Safety DIvIsion to
demonstrate the appropriateness of the substItutIon
23 Colorado Avenue shall be widened by 10 feet on the southerly side to create two
through traffic lanes eastbound and westbound on Colorado Avenue between 20th
Street and Cloverfleld Boulevard and one continuous left-turn lane In the middle of
the street Construction shall Include
(a) new curb and gutter
(b) all new 8-foot Wide Sidewalks
(c) 8-Inches of concrete pavement In the street WIdened portIon
(d) 20-foot radiUS curb returns at the 20th and Cloverfleld Intersection
(e) relocation of eXisting traffic signals and utilities
(f) handicapped ramps
(9) corner cut-off easements for a four-foot clearance at the rear of each
ramp
(h) If left turns are prohIbited by westbound traffic on Colorado, JOlo the
easternmost Access POint on Colorado, a median In the continuous
left turn lane suffiCiently long In City's Judgement to dIscourage such
turns shall be provided If such medIan IS reqUIred, Property Owner
may, at ItS own expense and With the pnor approval of the City's
Department of Environmental and Public Works Management as to
the number. location and design, place one or more directIOnal sIgns
on the median to assist traffiC Such sign or signs shall be subject to
approval by the City's Department of Environmental and PubliC Works
Management as to the number, location and design shall comply With
all applicable City ordinances Construction Will also Include
reconstruction of a portion of the eastbound fast lane With 11 Inches
of AC pavement and AC overlay of the street by heat re-mlx method
to the center line, reconstruction of eXistIng storm drain laterals and
re-stnplng of the street Property Owner shall grant any easement
which may be necessary relating to the Widened street and the
22
sidewalk
An addItional right-turn lane at the eastbound approach to the
Colorado Avenue and Cloverfield Intersection shall be provided This
lane shall be at least 200 feet In length measured from the pOint
where the 20 foot radius curb return begins on Colorado to the pOint
where such right turn lane begins and will be added to the lane
referred to In Item No 2 Property Owner shall grant any necessary
easement for thIs addltlonal/ane and the related 8-foot sIdewalk
In order to ensure these Improvements are completed a performance
bond from the applicant In an amount to be determined by the
EnVironmental and Public Works Management Department shall be
required before Issuance of next bUilding permit for the overall site
Completion of the Improvements IS reqUired before Issuance of
certificate of occupancy for any development on the site
The Department of EnVironmental and Pubhc Works Management may modify this
condition In accordance with the standards set forth In Section 6-C of the
Development Agreement regarding project phasing or Exhibit D of the Development
Agreement regarding substitute Improvements
24 Three full lanes for southbound traffiC on Cloverfleld Boulevard between Colorado
Avenue and Olympic Boulevard shall be created by widening Cloverfleld Boulevard
9-1/2 feet on the westerly side Construction IS to Include
(a) all new 8-foot wide sidewalks, curb and gutter
(b) an 8-lnch thick P C C widened section and slurry seal of Cloverfleld
Boulevard for the remaining width
(c) construction of a 20-foot radius at Cloverfleld and Olympic Boulevards With
new handIcapped ramp
(d) relocating eXisting traffiC signals and utilities at the Intersection
In order to ensure that these Improvements are completed a performance bond from
the applicant In an amount to be determined by the EnVironmental and PubliC
Works Management Department shall be reqUired before Issuance of the next
bUilding permit for the overall site Completion of these Improvements IS required
before Issuance of certificate of occupancy for any development on the site
Note in-lieu of above, City offers to accept payment as substitute Improvements,
per the last paragraph of Exhibit D of the Development Agreement The amount of
payment shall be determined based on publiC biddIng process Agreement shall be
In place pnor to Issuance of next bUilding permit
The Department of EnVironmental and Public Works Management may modify this
23
condition In accordance with the standards set forth In Section 6-C of the
Development Agreement regarding project phasing or Exhibit 0 of the Development
Agreement regarding substitute Improvements
25 The traffic signal standards, conduits, signal heads and controllers for the
IntersectIons of Cloverfield with Colorado and OlympIc shall be modernized The
applicant shall be responsible for only one half of the cost In order to ensure these
Improvements are completed, a cashier's check or cash depOSit In escrow from the
applicant In an amount to be determined by the PlannIng and CommunIty
Development Department shall be required pnor to next budding permit Issuance
for the overall site Exact fees to be calculated based on public bIdding process
Any cost savings WIll be reImbursed to developer upon completion of Improvements
26 On Olympic Boulevard, a conventional curb and an 18-lnch wide pee gutter from
the Intersection of Cloverfleld and Olympic to a pomt 210 feet westerly from such
Intersection and a conventional curb and 30-lnch wide P C C gutter from a pOInt
210 feet westerly of the Intersection of OlympiC and Cloverfleld to a pOint In the
easterly boundary of the railroad right-of-way described In Parcel 6 where It
Intersects OlympiC shall be constructed A Sidewalk easement at the bus stop area
to all for a 10-foot parkway and SIdewalk area from the curb face shall be proVIded
A new Sidewalk at the raIlroad on OlympiC crossing over Parcel 6 shall be
constructed These Improvements shall be completed by December 31, 1998 or
pnor to Issuance of certIfIcate of occupancy for thIS project
The Department of EnVironmental and PubliC Works Management may modify thiS
condItIon In accordance With the standards set forth In Section 6-C of the
Development Agreement regarding project phaSing or Exhibit D of the Development
Agreement regarding substitute Improvements
27 New street sections (8-lnch P C C) or right-turn pockets (150 feet In length) at each
major dnveway to the Project With all necessary Sidewalk easements shall be
provIded Completion requIred pnor to Issuance of a certIfIcate of occupancy
The Department of EnVironmental and Public Works Management may modify thiS
condition In accordance WIth the standards set forth In SectIon 6-C of the
Development Agreement regarding project phaSing or Exhibit D of the Development
Agreement regarding substitute Improvements
28 A hydrology study for the site and adjacent streets In accordance With
EnVironmental and Public Works Management Department gUidelines shall be
submitted prior to bUIlding permIt Issuance Any work to be performed as a result
of thiS study Will be limited to that directly related to Impacts of the Project on
drainage In the area
24
The Department of EnvIronmental and Pubhc Works Management may modlty thIs
condition In accordance with the standards set forth In Section 6-C of the
Development Agreement regarding project phasing or ExhibIt D of the Development
Agreement regarding substItute Improvements
29 High pressure sodium street lighting on the south side ot Colorado Avenue from
20th Street to Cloverfield, on the west side of Cloverfleld from Colorado to Olympic,
and on the north side of Olympic from Cloverfleld to the east sIde of the railroad
right-at-way descnbed In Parcel 6 to the rntersectlng ot 20th Street and Colorado
shall be designed and constructed Lighting design shall be consistent WIth
Colorado Place Phase I and Phase II under Agreement from Street Lighting
Installation and Maintenance between Colorado Place Limited and the City of Santa
Momca dated May 31, 1983 CompletIon of that portion adjacent to the project shall
be completed prior to certificate of occupancy
In-lieu of design and construction of these Improvements, the City offers to accept
payment for the portIon on Cloverfleld adjacent to the Project Construction or
payment shall be determined prior to bUilding permit Issuance The amount of
payment shall be determined based on public bidding process
The Department of Environmental and Public Works Management may modify this
condition In accordance With the standards set forth In Section 6-C of the
Development Agreement regarding project phasing or Exhibit D of the Development
Agreement regarding substitute Improvements
30 Street trees shall be proVided and Installed at the following locations
(a) 20th Street from the northerly boundary of the railroad right-of-way descnbed
In Parcel 6 to Colorado Avenue (Sony)
(b) Colorado from 20th Street to Cloverfleld (Sony, Courtyard, Lmcoln and
Gateway)
(c) Cloverfleld from Colorado to OlympIc (Gateway and Ralph's)
(d) Olympic from Cloverfield to the easterly boundary of the railroad nght-ot-way
desCribed In Parcel 6 (Ralph's)
Type, spacing and planting speCifications shall be approved by the Architectural
Review Board and subject to the review and approval ot the DIrector of Community
and Cultural Services Installation for that portion adjacent to the Project shall be
completed pnor to certificate of occupancy
In-lieu of proVISion and Installation of street trees, the City offers to accept payment
for the portion on Cloverfleld adjacent to the Project as substitute Improvements,
per the last paragraph of Exhibit D of the Development Agreement Construction
or payment shall be determined prior to building permit Issuance The amount to
be determined based on public bidding process
25
The Department of Environmental and Public Works Management may modIfy this
condition In accordance with the standards set forth In Section 6-C of the
Development Agreement regarding project phaSing or Exhibit D of the Development
Agreement regarding substitute Improvements
31 When reqUIred by the Englneenng DIVIsion, shoring plans, shall be submitted for
review and approval pnor to bUilding permit Issuance The fee for tiebacks In the
public nght-of-way of $150 per tieback or soldier beam encroaching In the street
rlght-ot-way shall be paid prior to bUilding permIt Issuance
The Department of EnVironmental and Public Works Management may modify thiS
condition In accordance with the standards set forth In Section 6-C at the
Development Agreement regarding project phaSing or Exhibit D of the Development
Agreement regarding substitute Improvements
32 In-lieu ot the water connection fees for both domestic and fire protection services,
the applicant shall Install a 14-lnch water Irne from 19th Street to Cloverileld on
OlympiC and a 12-lnch water hne on 20th Street between Colorado and OlympiC
These water lines WIll provide the reqUired fire service for the Project Installation
WIll mclude fIre hydrants as required by the FIre Department, a 12 x 12 tee on
Colorado at 20th Street and a 14 x 12 cross on Cloverfleld at OlympiC with a be-In
of the eXisting Imes on OlympiC to the new lines Work to be done In accordance
with Santa Monrca standards Because the new water hnes to be Installed will
benefit properties other than the Real Property, the City Will reimburse the applicant
for a pro rata portIon of the cost of such installation, which reimbursement shall not
be reqUIred until CIty collects appropriate fees from subsequent developments on
Real Property benefitting from such Installation DeSign plans must be approved
by the City, and that portion of the 14-mch water main which crosses Cloverfleld,
must be Installed prior to October 1997 The remaInder of Ime must be Installed
pnor to Issuance of bUilding permit
The Department of EnVIronmental and PublIc Works Management may modtfy thiS
condition In accordance with the standards set forth In Section 6-C of the
Development Agreement regarding project phaSing or Exhibit 0 of the Development
Agreement regarding substItute Improvements
33 Any future request for the on-site sale and consumptIon of alcoholic beverages
shall reqUIre the approval of a CondItIOnal Use Permit pursuant to SectIon 21 of
Development Agreement Amendment #2
34 All new constructIon shall be developed In complIance with the prOVISions of Santa
MOnica MunIcipal Code Chapters 7 10 and 8 04 and any other construction related
technical codes adopted by the City and generally applicable to Similar projects
developed In the CIty ("Techmcal Codes") whIch are In effect at the tIme of Issuance
26
of a bUilding permit for such new construction
35 All mechamcal equIpment that extends more than 12-lnches above the roof parapet
shall be screened from View Equipment shall be screened from a honzontal plane
on all sides with an Impact resistant wall
36 The following uses shall be permitted outside of an enclosed bUilding on the
property
(1) Patio tables, chairs, umbrellas, and similar outdoor accessones used In
connection with a restaurant
(2) VendIng machines, Including weighing scales, when accessory to a bUSiness
conducted within a bUilding
(3) Border matenals, flower pots. trellIses and the Irke
(4) Outdoor newsstands
37 Fences, walls or opaque hedges shall not exceed forty-two Inches In heIght when
located In the required setback area unless approved by the Planmng CommIssion
Fence, wall or hedge height shall be measured from the eXisting grade In all
cases, the fence, wall or hedge heIght shall be measured In a continuum at each
pOint along the fence, wall or hedge Nothing In thiS Condition shall restnct the use
of plant matenals, arbors, trellises or other landscaping In the reqUired setback area
so long (1) as any hedges In excess of forty-two Inches heIght are not opaque, and
(2) no fence, wall or hedge, tree, planting or other obstruction obscures or blocks
the VISibility of dnvers of automobiles entenng or eXiting any dnveway, parking lot
or other vehIcle accessway or constItutes an unreasonable and unnecessary
hazard to persons lawfully uSing an adjacent Sidewalk, street or other nght-of-way
38 One or more refuse contaIners and recycling containers shall be maintained on the
premises The containers shall be of sufficient capacity and number to
accommodate the refuse and recycling matenals generated by the uses on the
parcel, In compliance with gurdellnes establIshed by the Envlronmental and Public
Works Management Department All outdoor storage or refuse, recyclable
matenals and other Items or matenallntended to be discarded or collected shall be
screened from public vIew On parcels where refuse and recyclable matenals are
both stored and collected adjacent to public nght-of-way, the refuse and recyclable
matenals shall be screened from public view on a least three Sides by a solid
opaque Impact-resIstant wall not less than five feet or more than eight feet In heIght,
and on the fourth Side by a solid opaque Impact-resistant gate not less than five feet
or more than eight feet In height, or of other such matenal or deSign approved by
the ArchItectural ReVIew Board The gate shall be maIntaIned In workmg order and
shall remain closed except dunng such times a refuse, recyclable matenals and
other such Items are being discarded, placed for collection. or collected All refuse
and recyclable matenals whIch are stored and collected from the same locatIon out
27
of doors shall be stored not more than ten feet form the property line which IS
closest to the refuse collechon pOint
39 The Project shall Include a refuse and recycling room or out door enclosure which
complies with all the reqUirements of the C5 zone The Director of the
Environmental and Public Works Management Department shall require the design
and placement of a refuse and recycling room or outdoor enclosure to provide
adequate and accessible areas for the storage and collection of refuse and
recyclable matenals
40 In any new restaurant on the Property an air filtration and ventl/atlon system shall
be provIded
41 The Project, Including all Open Space shall be accessIble to handIcapped persons
42 The applicant shall be required to obtain Architectural Review Board approval prior
to Issuance of a bUIldIng permIt ArchItectural RevIew Board review shall be limIted
to the scope of reviewed allowed In the MunicIpal Code and shall be subject to the
development nghts granted to the Property Owner pursuant to the Development
Agreement
43 CIVil Engineering plans shall be prepared to City standards for all off-Site
Improvements and submItted to the OffIce of the City Engineer for review and
approval
The Department of EnvIronmental and PublIC Works Management may modify thiS
condition In accordance With the standards set forth In Section 6-C of the
Development Agreement regarding project phaSing or ExhIbit D of the Development
Agreement regarding substItute Improvements
44 The applicant shall Install a sewage regulating tank, If reasonably deemed
necessary by the EnvIronmental and Public Works Management Department based
upon available sewage capacity and other Improvements of suffiCIent size for the
Project The Environmental and PublIC Works Management Department and the
applIcant may agree upon substItute Improvements for any of the foregomg whIch
are designed to Improve traffiC, utility or drainage conditions related to the Project
so long as the total cost of such substitute Improvements does not exceed the total
estImated cost of the deleted requIrements, computed on the date upon whIch a
contract IS entered Into for the substitute Improvements
The Department of Environmental and PublIC Works Management may modIfy thIS
condition In accordance With the standards set forth In Section 6-C of the
Development Agreement regarding project phaSing or Exhibit D of the Development
Agreement regarding substitute Improvements
28
45 Contaminated sOil on Parcel 1 shall be removed and disposed of In accordance wIth
all applicable laws, ordinances and regulations of City and the State of California
pnor to Issuance of a bUilding permit for any bUilding to be bUilt on Parcel 1
46 Dunng construction equipment engines shall be kept In proper tune to reduce
exhaust emiSSions Such equipment shall not be operated dunng first or second
stage smog alerts The applicant shall use reasonable and typical watenng
techniques to reduce fugitive dust dunng constructIOn
47 The applicant shall operate, contract for, or otherwtse proVide prrvate securrty
services for the ProJect, mcludlng the parking garage
48 AutomatIc spnnklers shall be set to water landscaping dunng evening and early
morning hours only to reduce excessive water requirements due to water loss by
evaporatIon The applicant shall be permitted to Incorporate water features Into the
Project so long as the applicant demonstrates to the satisfaction of the
EnVironmental and PublIC Works Management Department that the water loss from
any such feature IS not excessive
49 To the extent feasible, the applicant shall maintain a stagIng area on the Real
Property for use by construction vehicles and Will deSign traffiC patterns for
constructIon vehicles, both on-and-off-slte, In order to minimize Impact of
construction activities on adjacent streets The applIcant shall cooperate With the
City's EnVironmental and Public Works Management Department In order to
develop other mutually acceptable means for minimizIng Impact
50 The applicant shall not dlscnmlnate against any employee or applicant for
employment on the baSIS of race, religion or creed, sex. mantal status, national
origin, sexual onentatlon or phYSical handicap and shall cause a SimIlar proVIsion
to be Inserted In any contract for work entered Into by the applicant related to the
Project other than purchase orders for standard commercIal supplies, matenals or
other goods
Subject to the prOVISions noted above, the applicant WIll develop and submit to the
City for approval prior to the commencement of construction of the Project a
sUItable affirmative action program for the hiring of labor and the obtaining of
materials dUring construction relating to employment, upgrading, demotion or
transfer, recruitment or recrUItment advertIsing, Jay-off or terminatIon. rates of pay
or other forms of compensation and selection for training, Including apprentIceship
Any such plan shall recognize the necessity of compliance With standard union
hlnng practices and shall not establish quotas of any kind
The applicant shall In all soliCitations or advertisements for employees placed by
or on behalf of Property Owner, state that all qualified applicants Will receive
29
consideration for employment without regard to race, religion or creed. sex, mantal
status, national ongln, sexual orientation or physical handicap
51 This approval IS for those plans dated May 23, 1997, a copy of which shall be
maintained In the files of the City Planning DIvISion Project development shaff be
conSIstent With such plans, except as otherwise specIfied In these condItions of
approval
52 This determination shall not become effective for a penod of fourteen days from the
date of determination or, If appealed, until a final determination IS made on the
appeal Any appeal must be made In the form required by the Zoning Administrator
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 explratron of this approval In order to exercise the rrghts granted by thIs
approval This permit shall also expire If the bUilding permit expires or If the nghts
granted under this approval are not exercised Within one year follOWing the earliest
to occur of the followtng Issuance of a CertIficate of Occupancy or, If not CertIficate
of Occupancy IS required, the last reqUired final Inspection for the new construction
One SIX month extension of the 18 month pen ad may be permitted jf approved by
the Director of Planning ApplIcant IS on notfce that tlme extensIons my not be
granted If development standards relevant to the project have become restnctlve
since project approval
Prepared by
Attachments
Suzanne Fnck, Director
Karen Ginsberg, Planning Manager
Amanda Schachter, Senior Planner
Donna Jerex, Associate Planner
City Planning DIvISion
Plannmg and CommunIty Development Department
A
B
C
o
E
F
G
H
I
Appeal statement of Santa Momca PolIce OffIcers ASsociatIon
Planning Commission Staff Report dated August 20, 1997
Planning Commission Staff Report dated September 3, 1997
Plannmg CommIssIOn Minutes - August 20, 1997
Planning CommissIon Minutes - September 3, 1997
Planning Commission Statement of OfficIal Action
Public NotIce
Project Plans
Zone Diagram
F \PLAN\SHARE\CQUNCIL\STRPT\DR97005 WPD
30
ATTACHMENT A
.. '" 31
II" - 32
APPEAL FORM
Date Filed
Received By
Receipt No
q./ 17/0,1
~
Gl J .A. PP c,! 7
... I . ....- .
Name Santa Monlca Police Officers AssOclatlon
Address P - o. Box Z1 60. Santa Monlca, CA 90407
Contact Person steven Brackett Phone (310) 393-1003
Arboretum 191,000 square feet six-storey
Please descnbe the project and decISion to be appealed
office bUlldln9 {formerly known as Phase III of Colorado Place).
C~eNumber Oevelo~ment R~vi~w q7-nn~
A~ffi~ 2300 Colorado AV~nu~
Applicant David Hibbert, Architect, for Arboretum Develooment Partners
Onglnal Hearing Date
Onglnal Action Approved by Planning CommlSSlon September 3 f 1997
Please state the specific reason(s) for the appeal Analysis of lmpacts of proi ect reqardinq
t~afflc counts~ interspction ]~v~l~ nf ~prvi~p; pmp~pn~y rp~~nncp T;mp
and demands for ~o11c~ and firp ~~rv'rp~ ,~ from ~n F.TR of 10 vp~rQ ~an_
Please provide two seJf-addressed. stamped. letter-sized envelopes.
6~ H.{I3RAc~
~J{/~
ttt'i
n~p September 17, 1997
33
Slonature
.... ~ 34
ATTACHMENT B
,
.. - 35
kt_ ~ 36