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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 1 "r., '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 - - 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 2 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 3 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 4 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 5 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 - . 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 14 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 15 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 16 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