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.
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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
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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
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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.
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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
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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.
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Buildml! Volume Envelooe
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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.
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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
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least 40 feet from the Curb Lme alan!! its entire frontaQ'e.
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Pronosed Proiect - Cloverfield Frontal!e:
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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(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.
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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.
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(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
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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
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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
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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
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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.
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(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 .
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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
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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
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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
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ATTACHMENT A
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ATTACHMENT B
Photographs for
DR 97 -005
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ATTACHMENT C
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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
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ATTACHMENT D
Project Plans
DR 97-005
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ATTACHMENT C
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