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SR-7A (11) 1-(\ P&Z:SF:DM:DJ :F: \PLAN\SHARE\PC\STRPT\DR9705. 812 Planning CommisslOn Mtg: August 20, 1997 Santa Monica, California TO: The Honorable Planmng CommIssion FROM. Planning Staff SUBJECT: Development ReVIew 97-005 Address: Applicant: 2300 Colorado Avenue (Colorado/Cloverfield Zone) David Hibben, Architect, for Arboretum Development Partners INTRODIJr.TION Action: Development ReVIew of a portion of Phase III of Colorado Place (The Arboretum) consisting of a 191,000 square foot, six-story office buildmg above a three-level, 625 space subterranean parkmg garage at the site known as The Arboretum. RecommendatIon: Approve Development Review 97-005 With CondItions Plannin& Commission Action Deadline Date: September 28, 1997 SITE LOCATION AND DESCRIPTION The locatlon of this project, known as "The Arboretum, .. is appronmately 12.7 acres in SIze, and IS bounded by Colorado Avenue to the north. Olympic Boulevard and the Southern Pacific Railroad Right-of-Way on the south. Cloverfield Boulevard to the east, and 20th Street to the west. The proposed project is located at the northeastern wmer of the site rn the portion of the project described on the Zone Diagram as the "ColoradofCloverfield ZoneR (Attachment A). Zomng District: Land Use District: Parcel Area: C5 SpecIal Office DIstrict 12.7 acres total/Current Project: 80,000 square feet. PROJECT DESCRIPTION Proposed is the construction of a portIon of Phase III of Colorado Place (known as "The Arboretum"). The site is located at the northeast comer of the project In the Colorado/Cloverfield Zone as described ill the Development Agreement. The project consists of a 191.000 square foot office building over a three-level subterranean parkmg gcrage WIth 625 spaces. Buildmg and landscape deSigns plans are subject to reView and approval by the Architectural Review Board. it. - 3 , ;' CEQA STATUS The project has been prevIously assessed as part of the review and approval of the Development Agreement and amendments thereto. An EIR for the Aboretum sIte was certlfied by the CIty CouncIl on February 7, 1995. BACKGROUND In December 1987, the City Council approved a Development Agreement to allow the construction of Phase III of Colorado Place. This agreement allowed for the construction of a 270,OCXJ square foot hotel 96 feet in height, with a 60,000 square foot subterranean health club, and 770,490 square feet of commercial office space In several buildmgs rangmg 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 an Amendment to the Development Agreement was approved in 1988. AddItionally, in 1990 the Planning Commission approved an office building on the site which was never bUllt. Since 1991, the following approvals have been granted: DeveloDment Review 91-002 - Sony Music Camous - -- In May, 1991, the Planning Commission approved Development ReVIew 91-002 to allow construction of 95.000 square feet of commerCial office space in three buildings (two and three stories 10 height) over a one-level 232-space subterranean parking garage. Develonment Review 94-006 - Ralnh's Market - - In October, 1994. the Planning Commission approved a one-story supermarket with 209 parking spaces (105 of which are below grade) with approxImately 8,616 square feet of warehouse area and 41,040 square feet of display, administrative and service area. 11us project has been completed as a Ralph's Supermarket. A Second Amendment to the Development Agreement was approved concurrently. This Amendment resulted in the removal of the hotel as a pernutted use; added a general market/grocery as a permitted use; allowed for multi-family residential use; and adjusted building heights and square footage. (See Summary Chart beginning on page 5 for a complete list of uses and FASF permitted by the Second Amendment to the Development Agreement). The maximum allowable Floor Area Square Footage (F ASF) figures referred to later in this report reflect the revised figures from this most recent Development Agreement Amendment. 2 ilUIl 3 3 DR96-004 - Arboretum Courtvard This project, approved In December, 1996 and known as the Arboretum Courtyard, conSISts of two four-story office buildmgs totaling 124,471 square feet over a three-level subterranean parking garage With 487 parking spaces. Lot Line A<tjustments Three lot line adjustments have been approved to date for the project site. The purpose of each adjustment was to accommooate the deSign and placement of each building on the site without having buildmgs "straddle" over more than one property line. Although individual property lines have been adjusted, the height limits of each zone established in the approved Zone Diagram still apply. Therefore, if a buildmg is located in more than one zone, that building must still meet the height and number of floors linntations set forth in the Development Agreement for each zone in which the building is located. ANALYSIS Planning Commission Review At the time the onginal Development Agreement was executed, buildings for the project had not yet been designed In order to accommodate the Property Owner's desire to respond to market forces over the term witlun which the project was to be constructed. Therefore, the City and property owner established certam development restrictions in the Development Agreement, and agreed to Planning Commission review of certain aspects of each building prior to ensure compliance with the standards identified in the Development Agreement. ThiS review is required prior to, and as a condition for the issuance of any building permits for each building. These aspects include the followmg: 1. BuildIng Heights 2. Floor Area Square Footage (FASF) 3. Building Volume Envelope 4. Number of Parking Spaces 5. Open Space The Development Agreement and Amendment #2 also require the Planning Commission 10 approving specific buildings to find that the placement of each building and location of uses on the overall site are compatible with each other and relate harmomously to the surrounding sites and neighborhood; that the access points and mtemal CIrculation plan are adequate to accommodate anticipated vehicular and pedestrian traffic; that the design of the buildmg IS pedestnan oriented and relates to the surroundmg sidewalks and streets; the design of setback and open space areas which are visible from the public Sidewalks and streets feature deSign elements 3 .... 3;] to enhance and connect the bUildmgs to the pubhc streetscape; and that the deSIgn includes an appropnate mtemal pedestnan circulatIOn system between the buildings on the site. Bulldin& Height The Development Agreement allows for the construction of one or more bUildmgs in the CoJorado/Cloverfield Street ZOne. BuIldmgs are lImIted to six stories and 84 feet In height. Elevator/mechamcal eqUipment shafts may exceed the ma;umum bmldlOg heIght by 14 feet, and parapets and railings may be 42" above the maximum allowable heIght. The proposed bUilding IS 6 stones, 84 feet m height, with the exceptIon of rooftop enclosures for mechanical eqmpment which are a maxlmum 96 feet m overall height. The applicant WIll be required to submit roof plans and provide detaIled mformation to analyze whether or not the mechanIcal equipment enclosures or screens meet the lImitatIon of 25 % of the total roof area, and these plans shall be subject to review and approval by the Architectural Review Board. Additionally, 10 accordance With Amendment #2 to the Development Agreement, the mechamcal equipment shall be screened on all SIdes WIth an impact resIstant wall. Floor Area Square FQOtag-~ (F ASF) The Development Agreement allows a total of 720,490 square feet of General Office space, minus the square/ootage usedfor other uses. The Development Agreement requires a "last building" analysis to ensure that the total Colorado Place Phase lIT development does not exceed the allowable square footage. To date, the Planning CommissIOn has approved the following square footage allocatIOns: Maximum Allowable General Office S.F. = 720,490 - s.f. used for other uses Uses BuIlt/Proposed: Ralph's Supermarket ("other" use) Sony MUSIC Campus (office use) 20th Street Zone (office use) Gateway (proposed project) 50,000 95,000 124,471 191.000 460,471 Total Allowable: Less Total Approved/Proposed for Office/Other Uses: Total Allowable s.f. Remaining: 720,490 s.f. 460.471 s.f. 260,019 s.f. The proposed 191,000 sq. ft office building IS within the amount of remaining available square footage. 4 "\Iti - '"' 4 I) Buildml! Volume Envelooe - - The proposed budding fronts both Colorado Avenue and Cloverfield Boulevard. As defined in the Development Agreement, the Bmldmg Envelope determines setback requirements from a theoretIcal vertical plan nsmg from each Curb Lme. For bUIldings over 57 feet 10 height, the followmg restncuons apply. (As the proposed buildmg fronts both Colorado Avenue and Cloverfield Boulevard, the building frontages for each street is dISCussed separately) A) Per the Development Agreement, a 55 foot average setback is required. At least 50% of the face of the buIlding must have a 43-foot mmimum setback (DA, p. 3) Pronosed Proiect - Colorado Frontal!e. - - - The proposed building has a buIlding frontage of 336 feet along Colorado; 214 feet (or 64%) of which is set back a mimmum of 55 feet from the curblIne, which meets the requirement. B) The Second Amendment to the Development Agreement requires that no building shall project beyond the Building Volume Envelope exce!lt that this restriction shall not aonlv to (1) any buildinl! with a Buildin!! Heip"ht over 57 feet WhICh is set back at -~... ' - - - --- least 40 feet from the Curb Lme alan!! its entire frontaQ'e. - - Pronosed Proiect - Cloverfield Frontal!e: - - - The entire frontage along Cloverfield IS set back a minimum of 51 feet from the curb line, and is therefore exempt from other Budding Volume Envelope requirements. Parkin!! Snaces. Access. and CirculatIOn Under the parking requirements for the Development Agreement, reqUired parking for general commercial office uses IS 1 spacel300 s.f. of floor area, WIth a maximum 40% compact spaces allowed. Proposed parking IS shown in the table below. Required Parking Proposed Parking 1 space per 300 FASF 625 Total Spaces 40% maXImum compact spaces 135 Compact Spaces (22%) 183,949 (FASF) + 300 = 613 spaces Access to the garage would be taken from Colorado Avenue, where a ramp 10 the entry pla7$1 leads down to the subterranean parkmg structure. The applicant is proposmg a second dehvery 5 .18 41 access pomt just west of the main entry. These two access pomts would bring the total to five along Colorado - the m~ qmum number permitted by the Development Agreement for the entire project frontage along Colorado. The access pomts and internal CirculatIOn plan are adequate to accommodate anticipated automobile and pedestrian traffic for the proposed building In that the plan has been prehmmanly approved by the City'S Parking and Traffic Engmeer, and will also require such approval for the final verSlOn of the plans. Pedestrian access to the office bUilding IS facllitated along the SIdewalks which are required for the entire perimeter of the Arboretum Site, as well as through elevators In the parking garage, and a large entry plaza flanked by an arcade at the Colorado A venue elevation, whIch provides street level pedestnan access to the buildmg Open Space The Development Agreement limIts the aggregate square footage of the at-grade footpnnts of all building In the Project to fifty percent (50%) of the total square footage of the Real Property (i.e., shall not exceed 281,214 square feet). Lot coverage for the proposed project totals 44% for the parcel, and bnngs the aggregate square footage of all bOOdings on the site to 38 % (these buildings conSIst of the Twentieth Street Zone buildmgs commonly known as the Sony MUSIC Campus and Courtyard; the OlympIc/Cloverfield Zone bmldmg Supennarket commonly known as Ralph's, the proposerl Colorado Avenue and Olympic Boulevard ZOne mixed-used buIldmgs commonly known as Lincoln Propertiesl Arboretum Villas, and the subject project in the Colorado Cloverfield Zone commonly known as the Gateway). ThIS project along with the Lmcoln Properties residential project represent the final phases of development for the site. and the requirement that the overall maximum lot coverage 50 % for the Arboretum Site will be met in that the coverage is proposed for 38% when all projects are completed, WIth total buildmg footprints adding up to 200,006 square feet. The Second Amendment to the Development Agreement also reqUIres that the Open Space consist of an aggregate amount of at least 40,000 square feet, with each designated area In the Development Agreement (m thIS case, the Colorado/Cloverfield Plaza) to have at least 3,000 square feet. Proposed open space for the Colorado/Cloverfield Plaza (the comer piece of the property at the Colorado/Cloverfield intersection pomts) IS approximately 11,000 square feet in size. The rendering provided by the applIcant shows the Colorado/Cloverfield pl~'7~ area WIth a WIde sidewalk and curved border/seatIng wall at the comer of the street intersectIons. The sidewalks surroundlIlg the perimeter of the entIre Arboretum site then branch off from thIS comer sidewalk:. A grassy area separates the sidewalks from the remaining portion of the plaza. which 1Il turn leads to a curved, low fountaIn whIch echoes the circular tower feature of the comer of the buildmg. TIns fountain feature surrounds a comer terrace whIch lies between the fountam and the bOOdmg. A number of low walls are proposed which both separate landscapmg, and serve as seatmg areas. The bUIldmg facades along Colorado are articulated and set back from the curbline at distances ranging from 39 feet at the comer, to 86 feet at the entry plaza, providing a large VIew shed area and open space ambience as viewed from the publIc sidewalks and street. 6 .. 42 Plants, flower and shrub beds, and trees are proposed throughout these setback areas to provide VISUal rehef from the extenslVe paved surfaces At the arcade portion of the bUlldmg frc.ntage, a senes of three at-grade fountams are provIded for additlOnal VISUal rehef from the paved surfaces, which, when combmed WIth the proposed design features, creates a pedestnan-onented feel, and proVIdes a VISually harmomous relatlonshlp WIth the surrounding sIdewalks and streets. AdditIonal vIewshed area IS proVIded along the Clovertield frontage, where the setbacks are a mimmum 51 feet from the curb. The terrace area contmues along the building on this side, and IS separated from the sidewalk and street by flowenng trees, and a grassy landscaped area between the trees and the sIdewalk. The setback requIrements of Section 9(d) of the Development Agreement are also complied with in that the bwldmg meets the mmimum 2G-foot setback base hne reqUlrement in that It is set back a miru.murn of 39 feet on the Colorado frontage, and a mimmum of 51 feet along the Cloverfield frontage. Bui1dm~ DesIen The proposed office buildIng features design elements WhICh allow for compatibilIty with surrounding sItes and uses In the neighborhood. The irregular shape of the building provides a SIgnificant articulated frontage ranging from a mInimum 39 foot setback to a maximum 86 foot setback, where an automobile entry plaza serves as one of the structure's focal points. The Colorado Avenue facade IS further articulated by an arcade spanmng the length of the bwldingt WIth the exception of the tower feature at the Colorado/Clovertield building comer. Directly to the west of the plaza near the point of entry, a delivery/drop off area is proposed, which will keep traffic off the street and moves It onto a landscaped area on the property, and also serves as additional common open space as well as additional public Vlewshed area. At the arcade entry, a series of three low founta1Os is proposed -- one in the center, and one to each SIde. The plan also features a terrace/patio area at the Colorado/Cloverfield entry, with another low-level fountaIn proposed for the corner. From a SIte planning perspective, the placement of the office use at the comer of the site blends well with the existing and proposed development 10 that it is bounded by the supermarket to the south, and a proposed I'eS1dential development to the west The minimum separation between the office and residential uses IS a dIstance of over 170 feet, which 10cludes the driveway for access to the residentIal parlong garage, and additional buffenng from the residences by the clubhouse/leasmg administration, and retaIl uses which border the office uses to the west of the subject property. Uses across the street on Colorado include the Department of Motor Vehicles, an office bUllding, a lIght manufactunng company, and a self storage business. BuIldings on eIther side of the street are separated by a 65-foot public nght-of-way, SIdewalks, and building setbacks, winch helps to proVIde a sigmficant dIstance between uses, which allows for a sense of separation which enhances VISUal harmony and compatibilIty between surroundIng buildmgs and uses. 7 iN~ 43 PUBLIC NOTIFICATION Pursuant to the requirements of the Development Agreement, noUce of the pubhc heanng was provided m accordance With the City's procedures for Development ReVlew applications Within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the followmg Information Project case number, bnefproject descriptIon, name and telephone number of applicant, site address, date, time and location of pubhc hearing, and the Planning and Zoning Division phone number In addItion, notice of the public heanng was mailed to all owners and residential and commerCIal tenants of property located withm a 500' radius of the project at least ten consecutIve calendar days prior to the hearing A copy of the notice is attached to tills Staff Report CONCLUSION The proposed plans for the new general office buildmg complies with the building height, floor area, building volume envelope, parking space and open space reqUIrements as outlined in the Development Agreement and Amendments thereto for this site. Additionally, as previously discussed the project is desIgned to be compatible WIth other bUIldIngs on the site and in the area, the setback areas are landscaped to provide a buffer between the budding and the street, the building design is pedestrian oriented through the proVIsion of the arcade entry and pl~7~_ area and adequate vehicular and pedestrian access is provided. RECOMMEND A nON It is recommended that the Planning CommiSSIon approve Development Review 97-005 Wlth the following findings and conditions: FINDINGS 1. The placement of the proposed office buildlOg 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 complies with the setbacks and height limits estabhshed in the Development Agreement, which were estabhshed to maintain continuity between each phase of development; the bUIlding desIgn and placement provides public open spacelviewshed areas for the overall project SIte; and that the landscaplOg, 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 materials, designs, landscapmg, and contmuous SIdewalks around the perimeter of the SIte. 8 IIU' - 44 2. The access pomts and mternal cIrculatlon plan are adequate to accommodate antIcIpated automobIle and pedestrian traffic for the proposed building in that the conceptual landscape desIgn provIdes for a senes of pedestnan sIdewalks interspersed Wlth landscaped areas which shall be subject to approval by the ArchItectural Review Board. The proposed parkIng meets the hmItatlons and requuements of the standards set forth 1fl the Development Agreement. One general driveway access and one service driveway access on Colorado have been provIded and access and circulatIon have receIVed prelIminary approval, and are subject to final review and approval of the City's Parking and Traffic Engmeer. 3. The building heIght does not exceed that permItted by Sechon 9(b) of the Development Agreement m that the buddmg compiles with the six-story, 84 foot height limIt in the Colorado/Cloverfield Zone. 4. The setback requIrements of Section 9(d) of the Development Agreement are complied with for the proposed buildmg in that the building meets the mmimum 20- foot setback base hne requirement by being set back a minimum of 39 feet on the Colorado frontage, and a ffi1flunum 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 Seehon 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 comphes with the Building Volume Envelope restrictIon of section 9(e) of the Development Agreement in that the maximum height of the buildmg on the Colorado frontage WIll be over 57 feet with an average setback greater than 55 feet; and the maximum heIght of the buildmg along the Cloverfield 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 parking spaces required by Section 9(t) and Exhibit C of the Development Agreement are bemg 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 buildmgs prevIously approved under Secl10n 9(1) of the Development Agreement, and that being proposed, complies WIth Section 9(g) and 9(z) of the Development Agreement WIth respect to the last budding 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. 9 "fi 4J construction, curb and gutter repaIrs, bus pad construction, and sidewalk and driveway repair and construction at vanous locations In the City The cnterla used to determine the streets and alleys mcluded In this year's program and the method of repair Include age, drainage problems, surface and subsurface conditions, complaints received, type of use (I e , commercial or reSidential), current traffic volume, and projected change of use or traffic volume Bids for the construction of thiS project were received on January 21, 1997 Damon Construction Company was awarded thIS project by City CouncIl on February 25, 1997 The contractor was authorized to proceed with the non-assessment portion of the project until the new Right to Vote on Taxes Act (Proposition 218) assessment district process was resolved The non-assessment related portion of the work IS complete and the contractor IS currently awaIting authorization to proceed with the remamlng work In accordance Proposition 218, an Engineer's Report was prepared which determined the general and specIal benefits of each specific proposed Improvement General benefits enhance the public as a whole, while special benefits enhance a particular parcel A copy of thiS report IS available m the office of the CIty Engineer Accordmg to Proposition 218, parcels may only be assessed for special benefits ThiS report recommends that parcels be assessed for only 50% of the special benefit cost of the proposed Improvements determined by the Engmeer's Report The recommended 2 ConditIons 1. The applIcant shall provide fundmg In an amount not exceed $75,000 for the design and InstallatlOn of updated mtersectlOn sIgnal eqUlpment 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 appropnate by the CIty'S Traffic and Parking Engmeer. 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 scenano which dtffers from a development scenario which was stuilled in the Environmental Impact Reports prepared for the project would, m fact, create a significant enVIronmental impact on this mtersection when compared to the impact which would have been created by the uses permItted in the Development Agreement and identified In the Fmal EIR relatIng to Amendment Number Two as the "existing Development Agreement." If the appbcant makes such a request and submits the necessary funds to pay for such additIonal environmental analyses, the CIty shall cause such additional environmental analyses to be prepared and circulated for public comment to the extent reqUIred under the Califorma Environmental Quality Act. If such additional envIronmental analyses are prepared, they shall be presented to the Planmng CommiSSIOn for review and the applIcant shall be required to ffiltigate those significant adverse environmental impacts, if any, which the Planning 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 "existing 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 savings will be reimbursed to developer upon completIon of Improvements. 2. Exterior walls and roofs shall be finished with 11ght-colored materials with high emissivity chara.ctenstics to reduce cooling loads. Intenor walls shall be fmished with bgbt-colored materials, except where dark colors are preferable for aesthetic effect, to reflect more light and thus Increase lighting efficiency. A performance check of the mstalled space conditioning shall be completed by the developer/installer prior 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 covering shall be installed on appropriate exposures. Built-in appliances, refrigerators and space-conditiomng eqUIpment shall exceed the mmimum effiCIency levels mandated in the CalIfornia Code of Regulations. The appbcant 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. 11 M~ 47 3. The apphcant shall comply with the apphcable provislOns of Noise Ordmance No. 1638 (CCS) of the Santa Momca Municipal Code and with the City of Santa Momca ConstructiOn Hours Ordmance. The applicant shall enter into a construction mitigation plan with the City 10 accordance With customary City pohcies. 4. To mirumize excessive hght and glare, budding extenors shall utilIze low reflectance materials. Mirrored glass and other highly reflective bUlldmg materials shall not be utilized on the exterior of bUIldmgs. All outdoor hghting other than identification signage shall be directed from the pen meter of the property toward bUlldmgs and parking areas utihzing cut-off fixtures to prevent mghttime illumination to spill onto adjacent propertles and residentIal uses on-SIte. Extenor bUIlding courts and corridor illuminatmg shall be desIgned to rnmumze intrusive glare on adjacent land uses. Low level secunty hghts shall be used along driveway entrances. Plant materials, shade structures and other architectural design features shall be used, where appropriate, to decrease reflectivity of hardscape and llght and glare toward adjacent land uses. S. The project shall comply with Ordinance 1506 (CCS). the Sprinkler Ordmance, to ensure adequate fire prevention In non-residential structures. 6. Attempts shall be made not to obstruct any of the surrounding streets dunng the construction period. All constructlOn equipment and materials shall be kept on the project site to aVOId obstruction of traffic CirculatIon, especially during traffic peak hours. As required by the City of Santa Monica FIre Department, access for fire equipment shall be maintained dunng construction. 7. The apphcant 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 destgn m terms of "target hardenmg" agaInst crimmal activity for both residential and commercial desIgn. Entryways, elevators, lobbies and parlo.ng areas shall be well- illuminated and designed with mmimum dead space to ehnunate areas of concealment. 8. 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 imgatIon systems shall be msta1led to mininnze runoff and evaporation and maxiffilze the proportlon of water available for use by plant materials m landscaped areas. Water conservmg landscapmg utihzing drip irrigation and appropriate mulching to retam soil moisture to the soil shall be used 10 all common areas and encouraged elsewhere withm the Project. If avallable to the ProJect~ reclaimed water shall be utllized as a source to Irrigate large landscaped areas. Drought-tolerant~ low water consuming plan varieties shall be used on site to reduce irrigatIon water consumption. None of the foregoing shall be applicable to the extent that Project utlhzes the eXisting water treatment plant located on the Property to ohtun water for ImgatIon 12 .Wi 48 9. 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 recyc1ables in the area shall be Identified. Recychng glass, metal, paper, cardboard and other matenals to the maxlffium extent feasIble shall be suggested to residents and business. Adequate space shall be provIded per current CIty specificatIOns for on-site trash and recyclable collectIon/separatIon. 10. Pnor to Issuance of a budding permIt for the project, The applicant shall submit an analysis to the CIty'S Department of Environmental and Pubhc 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 mcrease can be implemented on a cost-effective basIS measured over the lIfe cycle of the structure(s). 11. PrIor to the issuance of any demohtlOn permIt WIth respect to development on the Property, the applicant shall file a demohtlon matenals recychng plan for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of eXIsting building materials. Prior to the issuance of any bUlldmg permits with respect to development on the Property, a construction matena1s plan shall be filed for the approval of the Department of EnVlfonmental and Public Works Management WhICh seeks to maximize the reuse/recycling of construction waste, and to maximize the use of the recycled and environmentally supenor bUIlding materials. 12. 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 less twenty-five cents ($.25) per square foot of such floor area pnor to buildmg permIt Issuance. 13. All dramage from the property must drain to the one or more of the public streets boundmg the property or dIrectly mto a public storm dramage system in a manner approved by the Department of EnVIronmental and Public Works. No surface drainage may be dIscharged onto abuttmg properties. 13 .... 49 14. Any Item pemutted by the CIty'S Zomng Code, as It may eXIst from tlme to tlme, to project into t10y requrred yard shall be permItted to project mto the required setbacks set forth in SectIon 9(d) of the Development Agreement and the reqmred "Building Volume Envelope" standards of SectIon 9(e) of the Development Agreement. All such projections shall be Ignored m detenmmng comphance with Section 9(c) of the Development Agreement. As of the date of this Second Amendment, those permItted proJectlons are set forth in Sectlon 9.04.10.01.180 of the MumcIpal Code. 15. The following standards shall apply to the design of all solar energy systems: (a) Roof-mounted solar collectors shall be placed in the locatlon least VIsible from a public right-of-way WIthout reducmg the operatIng efficiency of the collectors. Wall- mounted and ground-mounted solar collectors shall be screened from pubhc Vlew. (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 companble 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., storage tanks) shall be screened where possible through architectural features that harmomze with other design elements of the structure. (e) Storage tanks shall not be located 10 any required front or SIde yards, nor shall they be visible from any public nght-of-way. (t) Exterior surfaces shall have a matte fimsh and shall be color-coordmated to harmomze WIth roof matenals or other dominant colors of the structure. (g) Any pool or spa facibties shall be provided with a solar cover or solar water heating system. 16. Miscellaneous Desil!:n Reauirements: - - (a) Every use shall be so operated that any sigmficant, direct glare incldental to the operation of the use shall not be vlsIble beyond the boundaries of the property. (b) All SIgns on the premIses shall comply with the provlSlons of Chapter 9.52 of the City's Municipal Code. 14 it. _ Sf' U (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 rights-of-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 orne beyond the boundanes 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 bUlld10g matenals shall be permItted on the property. (f) BuildIng matenals for use on the property may be stored on the property dunng the time that a valid build10g permit is in effect for oonstrucoon on the property. (g) No commerCIal use shall cause a steady-state earth-borne osclllation which is contlOuous and occurring more frequently than 100 tlInes per minute. The ground vibration caused by moving vehicles, trains, alrcraft. or temporary construction or demolItIon IS exempted from these hmIts. 17. No pipehne shall be built, lald or maintalned 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, dlstnbutIon or delivery of crude oil or other flUld substance through 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 pipehne used for the dehvery of natural gas. (3) Any pipeline located exclusively on the property and used 10 connection with any lawful aCtIVIty thereon. 18. Upon execution of the Development Agreement, Property Owner's predecessor-in- interest patd 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 Housmg and Parks Fee and Affordable Housmg Fee pursuant to Sections 12(a) and 12(c) of Amendment #2. Accordmgly. m calculaong the amount of Housing and Parks Fee and/or Affordable HOUSIng Fee to be paid under SectIon l2(a) and l2(c) Property Owner shall be enutled to a dollar-for-dollar credIt In the amount of such advance payment. 15 h.,. - 51 19. The areas desIgnated on the Zone DIagram as 'Colorado/TwentIeth Plaza', 'Colorado/Cloverfield Plaza', and 'OlympIcfCloverfield Gateway' shall be developed and used for publIc vIewshed 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 umfonn 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 buildmg permit. OlympicfCloverfield gateway has been landscape in accordance with Development Agreement ExhIbit D. Proof of complIance with the obligation to coordinate With other property owners re: umfonn landscape/streetscape, is required prior to issuance of buildmg permIts. 20. The Development Agreement reqUires that the Property Owner pledge at least $250,000 to the Santa Moruca Arts Foundation (the "Foundation") for the acquisition of artwork to be placed in the pubhc areas of the ProJect; an Art SelectIon Committee be formed conSIStIng of representat:J.ves of Property Owner, the Santa Monica Arts CommISSIOn (the "CommIssion") and the FoundatIon; and WIthin one year followmg 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 Cloverfield (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 permIt issuance. In addition, establishment of Arts Selection CommIttee to be a condition of all projects. Comphance reqUIred before issuance of building permit. 21. The project shall comply WIth all proVISions of Cahforma Title 24 Energy Regulations and shall include as a mimmum the following features: (a) Energy Management System. All au 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 foregomg, in conjunctIon with remote sensmg of outSide and InSIde conditions, WIll permit system operatlon refinements resultmg m energy opt:J.mizatIon, and will prevent unnecessary energy consumption during busmess and non-business hours. This system will also be used to control the use of hghtmg. 16 fAl'r 52 (b) AIr Condluomng. An economizer or "free cooling" cycle will be used WhICh wIll enable the use of outdoor alr rather than mechamcally refngerated air whenever outsIde temperature permits. Vanable volume air dlstnbution systems WIll allow air supply quantiues to be reduced as coohng loads decrease resulting in reduced fan power consumptlon at reduced loads. AIr supply to penodically unoccupIed areas, such as conference rooms, can be mInImIzed. Low pressure air dlstnbution systems Will be utIlized to minImize fan horsepower. Cold plenum temperature at air condltlOnmg umts Will be reset automatIcally to a hIgher temperature (when air condItIons warrant) wIth resultant energy savrngs. (c) L\:htmg. High efficIency florescent lamp/ballast systems will minimize energy consumptlon. MaxImum provisIOns for local lIght SWItching will be proVIded to permit use of hghtmg only when space IS occupied. Photo cell control of lighting in areas where natural Illummation could suffice Will be provided. Exterior and certain operational lightmg WIll be controlled from the energy management system to optimIze operatlon and mmImIze energy consumption. Where decor or function dictate the use of mcandescent or tungsten halide bghting, extensIve control equipment will be proVIded to optimize operatIon and increase lamp life. (d) Other Energy ConsIderatIons HIgh efficiency roof and wall Insulation as well as heat absorbing glass will be utilized to reduce coohng and heating loads All air supply ducts WIll be InSUlated to reduce energy losses to non air conditioned spaces Hot water piping and storage tanks wdJ 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 condltlons regarding energy conservatIOn reqUIrements from the Amendment to the Development Agreement have been mcorporated into the proposed Conditions of Approval for thiS project (e) AdJUstment for Substitute TechnolollV (i) The applicant shan be entltled to substitute other energy management measures in the project for those described above upon submission of an appbcation 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 as proposed to replace (ii) The applicant's applicatIOn shall state the speCIfic substitution being proposed and attach such plans, specifications and supportmg matenals as may be reasonably reqUlred by the Clty BUllding and Safety Divislon to demonstrate the appropnateness of the substitution 17 II~ 5:; 22 Colorado Avenue shall be Wldened by 10 feet on the southerly side to create two through traffic lanes eastbound and westbound on Colorado Avenue between 20th Street and Clovemeld Boulevard and one contmuous left-turn lane 10 the middle of the street Construction shall mclude ( a) new curb and gutter (b) aU new 8-foot wzde sidewalks (c) 8-1Oches of concrete pavement in the street widened portIon (d) 20-foot radius curb returns at the 20th and Cloverfield intersectIon (e) relocation of eXlstmg traffic stgnals and utilities (f) handicapped ramps (g) comer cut-off easements for a four-foot clearance at the rear of each ramp (h) if left turns are prohlbtted by westbound traffic on Colorado, mto the easternmost Access Pomt on Colorado, a median in the continuous left turn lane suffictently long 10 CIty'S Judgement to dtscourage such turns shall be provIded If such mechan IS required, Property Owner may, at Its own expense and wzth the pnor approval of the City'S Department of EnVironmental and Public Works Management as to the number, location and destgn, 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 Pubhc 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-mix method to the center line, reconstruction of existing storm drain laterals and re-stripmg of the street Property Owner shall grant any easement which may be necessary relating to the widened street and the SIdewalk An additional nght-turn lane at the eastbound approach to the Colorado Avenue and Clovemeld 1Otersection shall be provided Tlus lane shall be at least 200 feet In length measured from the pomt where the 20 foot radius curb return begins on Colorado to the point where such nght turn land beings and wtll be added to the lane referred to in Item No 2. Property Owner shall grant any necessary easement for this additional lane and the related 8-foot sidewalk In order to ensure these improvements are completed a performance bond from the appltcant in an amount to be determmed by the Environmental and Pubhc Works Management Department shall be required before issuance of next buildmg permit for the overall site Completton of the Improvements is required before issuance of certificate of occupancy for any development on the site 18 H". 54 23 Three full lanes for southbound traffic on Cloverfield Boulevard between Colorado Avenue and Olympic Boulevard shall be created by wldenmg Cloverfield 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-mch thick pee widened section and slurry seal of Cloverfield Boulevard for the remaJrung width (c) construction ofa 20-foot radIUs at Cloverfield and Olympic Boulevards With new handIcapped ramp (d) relocatmg existing traffic signals and utilities at the mtersection In order to ensure that these unprovements 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 buildmg 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-beu of above, CIty offers to accept payment as substItute improvements, per the last paragraph of Exlubit D of the Development Agreement The amount of payment shall be determmed based on pubhc biddmg process Agreement shall be in place prior to issuance of next building penmt 24 The traffic signal standards, condUits, signal heads and controllers for the mtersections ofCloverfield with Colorado and Olympic shall be moderruzed 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 prior to next buildmg pennit Issuance for the overall site Exact fees to be calculated based on public bidding process Any cost savmgs will be reimbursed to developer upon completion of improvements 25 On Olympic Boulevard, a conventional curb and an 18-mch wide P C C gutter from the intersection of Cloverfield and Olympic to a point 210 feet westerly from such intersection and a conventIOnal curb and 30-inch wide P C C gutter from a point 210 feet westerly of the intersectIon of Olympic and Cloverfield to a point in the easterly boundary of the raIlroad nght-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 19 MtAi 55 26 New street sections (8-inch pee) 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 prior to issuance of a certificate of occupancy 27 A hydrology study for the site and adjacent streets m acrordance WIth Environmental and Pubhc Works Management Department gUldelines shall be submitted pnor to buildmg 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. 28. HIgh pressure sodium street hghtmg on the south SIde of Colorado Avenue from 20th Street to Cloverfield, on the west side of Cloverfield from Colorado to OlympiC, and on the north SIde of OlympIC from Cloverfield to the east SIde of the nulroad nght-of- way described in Parcel 6 to the mtersecting of 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 LIghtmg 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 lmprovements, the City offers to accept payment for the portion on Cloverfield adjacent to the Project. Construction or payment shall be detenmned poor to building permit issuance. The amount of payment shall be determmed based on public biddmg process. 29. Street trees shall be prOVIded and Installed at the follOWing locatIons: (a) 20th Street from the northerly boundary of the nulroad right-of-way described 10 Parcel 6 to Colorado Avenue (Sony) (b) Colorado from 20th Street to Cloverfield (Sony, Courtyard, Lincoln and Gateway) (c) Cloverfield from Colorado to OlympIC (Gateway and Ralph's) (d) OlympiC from Cloverfield to the easterly boundary of the railroad right-of-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 of the Director of Commumty and Cultural Services. InstallatIon for that portlon adjacent to the Project shall be completed pnor to certIficate of occupancy. In-heu of provlSlon and mstallation of street trees, the City offers to accept payment for the portion on Cloverfield adjacent to the Project as substitute Improvements, per the last paragraph of Exhibit D of the Development Agreement Construction or 20 ill... .5C payment shall be determmed poor to buIldmg permit issuance. The amount to be determmed based on publIc blddmg process. 30. When required by the Engmeenng DlVisIOn, shonng plans, shall be submitted for review and approval pnor to bUIldmg permIt Issuance. The fee for tIebacks In the pubhc nght-of-way of $150 per tleback or soldler beam encroaching in the street right-of-way shall be paId pnor to buildmg permIt Issuance. 3 I. In-heu of the water connection fees for both domestIc and fire protection servIceS, the applicant shall Install a 14-mch water hne from 19th Street to Cloverfield on OlympIc and a 12-mch water hoe on 20th Street between Colorado and OlympIc. These water hnes wIll provide the reqUIred fire servIce for the Project InstallatIon willmclude fire hydrants as requtred by the FIre Department, a 12 x 12 tee on Colorado at 20th Street and a 14 x 12 cross on Cloverfield at Olympic wIth a tIe-In of the existing hnes on OlympIc to the new lInes. Work to be done In accordance with Santa Monica standards. Because the new water lInes 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 appropnate 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-inch water malO which crosses Cloverfield, must be Installed prior to October 1997. The remainder of line must be installed pnor to issuance of building permIt. 32. 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. 33. All new constructIon shall be developed 10 complIance WIth the proVisions of Santa Monica Municipal Code Chapters 7.10 and 8.04 and any other constructIon related techmcal codes adopted by the City and generally applicable to simllar projects developed In the CIty ("Technical Codes") WhICh are in effect at the time of Issuance of a building permIt for such new construction. 34. All mechanical equipment that extends more than 12-inches 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. 35. The following uses shall be pemutted outsIde of an enclosed building on the property: (1) Patio tables, chaIrs, umbrellas, and similar outdoor accessories used In connection WIth a restaurant. (2) VendIng machmes, Including weighmg scales, when accessory to a business conducted withIn a buildmg. 21 .~ 5"f (3) Border matenals, flower pots, trellises and the like. (4) Outdoc.,. newsstands. 36. Fences, walls or opaque hedges shall not exceed forty-two inches In height when located in the reqUired setback area unless approved by the Planning Commission. Fence, wall or hedge height shall be measured from the eXistmg grade. In all cases, the fence, wall or hedge height shall be measured 10 a contmuum at each point along the fence, wall or hedge. Nothing In this Condition shall restrict the use of plant materials, arbors, trelhses or other landscapmg 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 entering or exiting any driveway, parking lot or other vehicle accessway or constItutes an unreasonable and unnecessary b~7:1rd to persons lawfully using an adjacent sidewalk, street or other right-of-way. 37. One or more refuse contamers and recycling containers shall be maintained on the premises. The containers shall be of sufficient capacIty and number to accommodate the refuse and recycling materials generated by the uses on the parcel, In compliance with guidelines estabhshed by the Environmental and Public Works Management Department. All outdoor storage or refuse, recyclable materials and other items or material intended to be discarded or collected shall be screened from public VIew. On parcels where refuse and recyclable materials are both stored and collected adjacent to public right-of-way, the refuse and recyclable materials shall be screened from public view on a least thre:e 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 material or deSIgn approved by the Architectural Review Board. The gate shall be maintained in working order and shall remain closed except during such times a refuse, recyclable materials and other such Items are being discardedJ placed for collectionJ or collected. All refuse and recyclable matenals whIch are stored and collected from the same location out of doors shall be stored not more than ten feet form the property line which is closest to the refuse collecoon point. 38. The Project shalllOclude a refuse and recychng 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 collecnon of refuse and recyclable materials. 39. In any new restaurant on the Property an air filtration and ventilatIon system shall be provided . 22 ..w 5'"' u 40. The ProJect, 1Oc1ud1Og all Open Space shall be accessIble to handicapped persons.. 41. The applIcant shall be reqUlred to obtaIn Architectural ReVIew Board approval pnor to ISSuance of a budding permIt. ArchItectural Review Board review shall be hmIted to the scope of reVIewed allowed 10 the Mumcipal Code and shall be subject to the development nghts granted to the Property Owner pursuant to the Development Agreement. 42. Civil Engmeering plans shall be prepared to City standards for all off-site Improvements and submItted to the Office of the City Engmeer for review and approval. 43. The appl1cant 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 Envrronmental and PublIc Works Management Department and the apphcant may agree upon subsotute improvements for any of the foregomg WhICh are designed to Improve traffic, UtilIty or drainage condIoons related to the Project so long as the total cost of such subsotute 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. 44. Contammated soil on Parcell shall be removed and disposed of in accordance with all applicable laws, ordinances and regulatIons of City and the State of California prior to issuance of a buildmg permit for any build10g to be bUilt on Parcell. 45. During construction equipment engmes 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 watering techniques to reduce fugItive dust during construchon. 46. The applicant shall operate, contract for, or otheTWlse provide pnvate security services for the Project, includmg the parking garage. 47. Automaoc spnnklers shall be set to water landscaping during 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 mto the Project so long as the apphcant demonstrates to the satisfaction of the EnvlIonmental and Publ1c Works Management Department that the water loss from any such feature is not excessive. 48. To the extent feasIble, the applicant shall mamtarn a staging area on the Real Property for use by constructIon vehIcles and WIll design traffic patterns for construction 23 lot_ -,..., J~ vehtcles, both on-and-off-site, In order to mimmIze Impact of constructIOn activitIes on adjacent streets. The applIcant shall cooperate with the CIty'S EnvIronmental and Public Works Management Department 111 order to develop other mutually acceptable means for mlmmlz10g Impact. 49. The applicant shall not dIscnmmate agmnst any employee or applIcant for employment on the baSIS of race, religion or creed, sex, mantal status, national orig1O, sexual onentatlOn or physical handicap and shall cause a Similar proVIsion to be inserted 10 any contract for work entered into by the applicant related to the Project other than purchase orders for standard commercIal supplies, materials 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 obtainmg of materials dunng construction relatlOg to employment, upgradlOg, demotion or transfer, recruitment or recruitment advertISIng, lay-off or termInation, rates of payor other fonns of compensation and selectlon for traimng, includIng apprenticeship. Any such plan shall recogmze the necessity of compliance with standard umon hiring practices and shall not establish quotas of any kind. The applicant shall 10 all sohCItations or advertIsements for employees placed by or on behalf of Property Owner, state that all qualified appbcants will receive consideranon for employment Without regard to race, religIOn or creed, sex, marital status, national ongin, sexual onentatlOn or phYSIcal handicap. 50. 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 shall be conSIstent with such plans, except as otherwise specIfied in these conditIons of approval. 51. This detenninatlon 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 Zon1Og Admimstrator. 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 obta1Oed prior to the expiranon of this approval in order to exercise the rights granted by this approval. This permIt shall also expire If the building permit expIres or if the rights granted under thIS approval are not exerCIsed WIthlO one year following the earliest to occur of the following: 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 penod may be permitted if approved by the Director ofPlanmng. ApplIcant IS on notlce that tIme extensions my not be granted 24 ..~ " ,., ou if development standards relevant to the project have become restncbve Since project approval. Attachments: A. The Arboretum Development Agreement Zone Diagram Exhibit B. Photographs of Site and Surrounding Properties C. Publ1c Nobce D. Project Plans F \PLAN\SHARE\PC\STRPT\DR9705 812 25 "~ 61 ~1II 62 ATTACHMENT A D V:O fr-htbl-t III'" ~ 6" \ J .. n' 6 ij ATTACHMENT B Photographs for DR 97 -005 ill" - SJ iMfij 66 ;... .0( ~ ~ - , $ ;! .... " ::;: -; ~ .... ~ ~ ::l: < < :< Si u.l III i ~ ~ o ~ i4 fI.i [. ~' irf~ 6;; ATTACHMENT C Wp; _ p,:-; ~"" 70 OFFICIAL NOTICE OF PUBLIC HEARING Subject of Heanng" Development ReVIew 97-005 2300 Colorado Avenue, C-5 (SpeCIal Office CommercIal) Applicant. DaVId Forbes HIbben for Arboretum Development Parmers A PublIc Heanng will be held by the Planrnng COmnllSSlOn on the following request Apphcatlon for a Development ReVIew PermIt to allow the constrUctIon of a new. 191.000 square foOt, SIX-Story office bUlldmg above a three-level, 637 space subterranean parking garage at the SIte known as The Arboretum. A Development ReView Permit IS reqUIred to ensure that the proposed project comphes With the requrrements of the Development Agreement for tins property. Planner' 0 Jerex TIME: WEDNESDAY, AUGUST 6,1997 AT 7:00 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL 1685 MAIN STREET SANTA MONICA, CALIFORNIA THE CITY OF SANTA MONICA ENCOURAGES PUBUC COMMENTS INTERESTED PERSONS MAY COMMENT AT THE HEARING, OR BY WRITING A LEITER. Letters should be addressed to' City Planning DiviSIon. Room 212 1685 Main Street Santa Monica. Califorrua 9040 I Attn D Jerex. ASSOCIate Planner Addmonal mformatlon may be obtamed from the City Planmng DiVISIon To request reVIew of a project file and/or for more mformanon. please call (310) 458-8341. The meeting facilIty is handicapped acceSSible If you have any special needs such as SIgn language mterpretmg, please contact the Office of the DIsabled at (310) 458-8701. Pursuant to CalIfornIa Government Code SectIOn 65009(b), if this matter IS subsequently challenged III Court, the challenge may be limited to only those Issues raIsed at the Public Hearing described In thIS notIce, or 10 wntten correspondence delIvered to the City of Santa Momca at, or pnor to. the Pubhc Heanng Esto es una nOUCla de una audencla publica para reVIsar apphcacIOnes propomendo desarrollo en Santa Momca 51 deseas mas mformaclOn, favor de llamar a L10nea Hernandez en la DIVISion de PlanuficaclOn al numero (310) 458-8341 " ''It,1 71 MiJp 72 ATTACHMENT D Project Plans DR 97-005 Ii"" ~ 73 ... ,- .. '" ( ij ATTACHMENT C 11\"" - 75 ..~ 76