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SR-7A (12)~~~~~3V~~ PCD KG AS D.T planlshare!pc~strpf~~dr970~ 82b Plannmg Commission Mrg September 3. 1997 TO The Honorable Plann~ng Commiss~on FROM Plann~ng Staff DATE September 3, 1997 ~ ~ Santa tilomca. California SUBJECT. Supplemental Staff Report for Development Re~ iev~~ 97-0OS Address 2300 Colorado Avenue Applicant David Hibbert, Arehitect, for Arbaretum Develapinenc Partners 1NTRODUCTION Act~on. Development Review far a portion of Phase III of Colorada Place {The Arboretwn) consisting of a 191000 square foot, six-story off ce bu~lding abo~~e a three-~evel, 625 space subterranean parking garage at the srte known as The Arboretum Aecommendation. ,. . . .. Action Deadlir~e Date. BACKGROUND Return far Redesign September 28, 1997 Tlus supplemental staff report addresses concerns raised by the Planning Cornm~ssion at the Augus# 24, 1997 heanrig The Commission requested that the applicant mod~fy the pro~ect design tv include two access pamts and itnproved pedestrian access to the office building at the Cloverfield Boulevard frontage, irnproved pedestrian orientation of the bu~lding a~ang both street ele~ations; provide improved articulation/massing at the raunded corner element of the bu~lding, including revised landscaping and access, and provide pedestrian access at the rear and west sides of the building to meet reqwrements for internal pedestrian access betr~~een buildings on the srte Direcnon was also given to Staff to assess the available square footage allocations far restaurant and retaul uses. ~ '~- - 7 i ANALYSIS Pedestnan Access - Cla~ erfield Boulevard Fronta~e The De~-eloprnent Agreement's design concept for the overall pro~ect en~~isioned a de~~elopment uhich ~~~ou~d not oni~~ prot~ide open space and stdewalks aro~and the perimeter of the pro~ect. but r.~lvch «~ould alsa provide access and tnternal circulation to encourage pedestnan activ~ty through the srte As designed, the bwldmg concentrates ~ts gedesman onentation along the Golarado A~~enue fronta~e To inerease and accommodate pedesman actn~rty, the Camm~ssion asked the applicant to pro~Tide additional access pomts from the public side~ralk to the on-s~te sidevs,~alk and outdaor terrace areas surroundin~ the buildmg, and to add entrv pomts mto the btuld~ng at tlae Cloverfield Boule~~ard frontage The applicant's revised landscape plan provides two ne~v access points along Cloverfield Boulevard that ltnk the public s~dewalk to the pro~ect's paved terrace area, and one new path along the Colorado Avenue frontage ~n the Cloverfie~d frontage, a new paved path is proposed ~,~hich leads from the sidewalk to the terrace area ~ust south of the corner element Further south, a second, S-shaped pathw~ay is proposed from the sidewalk to a walkvvay along the rear of the building The new path at the Colorado Avenue frontage is Iocated ~ust narth of the corner element The plans do not reflect that entiy pomts have been pro~ided inta the buiidmg either at the comer element or alang the Cloverfield Boulevazd elevation While Staff requested that these entry po~nts be added, the applicant felt that the Plamm~g Comrnissian's issues have been addressed b}r the add~tion of paths from the public sidewalk to the pro~ect's terrace area. Staff helieves that, while the addition of these paths enhances pedestrian accessibility to the terrace, and rear of the building, pedestrian accessibxlity could be further enhanced by adding building entrarices on the Cloverfield elevation and possibly at the corner element. Art~culation/Massing at Raunded Comer Eiement Landscape and site plans far the pro}ect have been amended to demonstrate that a cunned walUseating area is pravided at the corner of the property where CoIorada Avenne meets Cloverfield Boulevard A curved fountain is also proposed between the sea.ting area and corner terrace Although Staff beheves that these features are intended to pravide outdoor ambience and to soften the building's l~eight and massmg, Staff does not believe that the Planning Comtnission's issue regarding articulation has been addressed since the applicant has no# rnodified th~s aspect of the building design. Staf~ belie~es that the applicant has several options for reliev~ng the massing at th~s corner For example, the archrtect could modify the round design of the carner element Ento an octagonal shape with access points along the ground floor wyndow azeas. or completely open up the ground floor af the corner element to the outside, by removing the ~~mdo~ys and providing access ta the office building by ti~valk~ng through the tower space and mto the build~ng ~ ~e n '" ~ r ~; Pedestrian Access at ~auth and Vv'est S~des The De~~elopment Agreement requires the property to be designed and deE-eloped in a manner «~h~ch pro~~ides pedestnan-oriented circulatian betu~een related buildings on the property Specificall}~ , th~s finding reads The propertr~ [shall] provide appropriate intemal pedestrian-oriented circulation bet«~een related bu~ldings on the properti~ Staff interprets this requirement to mean that a pedesuian should be able ta walk d~rectl~~ from bu~lding to building vazthin the srte without ha~ ing to use the public sideu~alks For exatnple. a person working at the Gateway offiee building should be able to exrt the building from any cl~rechon, and be able to reach both the apartment complex to the west, and the Ra1ph's market #o the sauth. ihraugh a senes of ~nterconnected pathways, rather than havmg to exit the building at its ma~n access point, and take the pubiic sidewalk ta the~r dest~nation point. Likewise, a resident of the apartment complex should be able to reach the Ralph's market through an internal circulation plan, rather than having to use the public sidewalk The applicant has parhally addressed this issue by expanding the walkway at the rear of the building This path connects to a path betv4-een the office build~ng and the Ralph's market However while the first floor plan shows an exrt door at the rear af the b~lding, it is unclear if tlus exit is for emergency purpases only. On the west side of the office building, a tree-lined walkway is pravided, however, no connection to the rr~ixed-use residential pro~ect is pro~~ided As ample pa~~ed dri~~way/wa~kway areas are pro~ded at the adjacent property, staff feels that this connection cauld easily be made. Alloca#ion of Sauare Foota~e for RetaiURestaurant Uses At the August 20, 1997 hearing, the applicant discussed that the northeast corner of the buildLng {mcluduig the ro~nd corner element) may be accupied by a restaurant m the fut~re As the current project bein~ proposed is far co~nmercia~ office space, the Commission directed Staff to rev~e~.~~ the De~elopment A~eement square footage allocatians vv~th regard to both reta~I and restaurant uses to determine future development capabilities and flexibility. In accordance with the De~elopment Agreement, a ma~cimurn of 25, 000 square feet is permitted for restaurants To date no restaurants ha~e been approved for the site, therefore the fu1125,000 square feet is available Additionally the Development Agreement permits the on-site sale and consumption of ale~holic beverages in up to three restaurants located in the project, except where take out serv~ce is prtmary, sub~ect to approval of a conditional use permrt for each one. Any future restaurant v4711 be requsred to comply w-~th a parkin~ requirement of lspac:./75 s f of floor area for restaurants and 1 space!375 s f of floor area for fast food outlets The addrtion of a restaurant in the Gateway pro,~ect would be suY~ject to Planntng Commission review through a Development Rev~ew Permit ~ ~ ~~ ~~ and revie~~- by the Architectural Re~~ie~4 Board if exterior buiidinE rnodificat~ons or signage is proposed The De~~eiopment .lgreement permrts a maximum af 10,000 s f of reta~l use on the overall siFe Approx~matelti~ 9,400 s f of retail use has been approved as part af the mtxed-use residenrial proJeet T1lerefore future retail development ~;~ould be limrted to 600 s f The addit~on of retail use in #he proposed Gate~-a~- pro~ect v~~ould be sub~ect to Planning Gommission re~~ieu~ thraugh a detielopment re~~iev~ permrt and re~~~e~.v b~~ the ~,rchitectural Re~~ie«° Board if the proposed use r~•ould require exterior mod~~cations to the building or sxgnage corrcLL~sio~v Staff does not beheve that the revised plans comply wzth the required findings of the De~~elopment Agreement, as amended, wRth regard to internal pedestnan circulation In addition, Staff believes that the general pedestnan access and orientation along both the Calorado Avenue and Cloverfield Boule~ard frontages could be si~mficantly unproved bv prav~dmg access ~nto the build~ng through the comer element and aiong the Cloverfield elevation RECOMMENDATION It is recornmended that the Planrung Commission continue the project and dzrect the applicant to revise the design to satisfy the Deve~opment Agreement's requirement fvr appropriate mternal pedestrian-onented circulation between re~ated huildmgs on the property Should the Planning Commission determme that the pro~ect adequately addresses this requirement, the Commission should articulate the specific aspects of the project that successfully rneet this requireznent and d~rect Staff ta return wrth revised findings and cond~tfons Prepared b~ Donna Jerex, Assoeiate Planner F 1PLAN1$HAREIPC+STRP1?DR9705 826 4 .~ ~ ~ ~ U ATTACHMENT Q ~~ ~ ~~ ~~ - 8~ MINUTES REGULAR MEET[NG OF THE PLANNING CDMM~SSI~N OF THE C~TY OF SANTA MONICA WEDRIESDAY, AUGUST 20, 1997 7:00 P M CITY COUNCIL CHAMBERS RQDM 213, CITY HALL 1. 2 3 CALL TO ORDER: The meeting was called to order at 7:10 p m I'LEDGE OF ALLEGIANCE: Comm~ssioner Weremiuk led the Pledge of Allegiance. ROLL CALL. Present Berton R Bradley Kenneth Breisch, Commrssianer Frar~k Gruber, Cammissioner Lau Moench, Comm~ssraner Eric Charles Parlee, Cammissianer Kathleen Werem~uk, Jahn Zinner, Chairperson Also Present Kyle Ferstead, Comrnission Secretary Suzanne Frrck, D~rector of Planning/PCD Karen Ginsberg, Planning Manager Donna Jerex, Associate Planner Amanda Schachter, Senior Planner Mary Strobel, Deputy C~ty Attorney 4. PLANNING DlRECTOR'S REPORT: Ms Frick ga~e the Director's Report. Ms Frick infarmed the Comrr~ission af a study session scheduled for September 10 on ti~e Inclusionary Housing Program. She stated that there also will be a publrc workshop on this tapic on Sunday, September 7 at Lincoln Park from 1.30 ta 4 00 p rn She asked that the Commission defer their comments on an ~tem they received from the Airpart Director. She stated a pubiic hearing on the matter will be held in the near future and comments may be g~ven at that time Comm~ssioner Parlee asked Ms Fnck ~f the public ~earing will include a repart from the A~rport Subcommittee Ms Frick stated that the report, which is now in dra#t forrn, wiif be included 1 ~ +~ . R 7 Planning Commission August 20, 1997 Ms Fnck reported that the Comm~ssian ~s scheduled to meet on the following dates. Septemkaer 3, September 10, September 1 7 and, tentati~ely, September 24 She also reported that the ~dgemar appeals w~li continue to be heard on August 2fi, 1997 Comrniss~oner Parlee asked about the status of the St. John's pro~ect Ms Schachter sta#ed that the public hearing will be held in late November ar early December and that the EIR sho~ald be avarlable in the next month and a halfi 5. APPROVAL OF MINUTES: Chair Zinner asked for an amendment on page six of the minutes for May 7, 1997, as regards a reference to traffic calming Commissioner Parlee made a motion for approval of the mir~utes for May 7, 1997, as amended. Commissioner Breisch seconded tF~e motion, which was approved by vorce vate w~th Commissioner Moench abstaining 6. STATEMENTS OF OFFICIAL ACTIDN: Consent Calendar Commissioner Breisch made a motron to appro~e the Cansent Caler~dar as submi#ted Commissioner Gruber seconded the motion The motion was approved by voice ~ote with Commissioner Parlee abstain~ng on the entire calendar and Commissioner Bradley abstaining an 6-B fi-A CUP 97-011, 1299 Ocean A~enue 6-B CUP 97-013, 1423 S~cond Street 6-C. CUP 97-009, RPP 97-Q01, 1420 Yale Street 6-D. DR 97-002, 241 Santa Monica Boule~ard and ~ 333 Second Street 7. PUBGIC HEARINGS: 7-A: De~elo~ment Review 97-Q05, 23D0 Colarado Avenue. C-5 ~Snecial OffECe CommerciaU. A~~lication for a Develonment Re~iew Permit to allow the construction of a new. 191.000 sauare foot. six-stor~ office buildina abo~e a three-le~el. 637 soace subterranean parkina aaraae at tha site known as The Arqoretum A Develonment Review Permit is reaurred to en$ure that ~he nrooosed nroiect comnlies with the reauirements af the De~elooment Aareement far this pro~ert~ fPlanner. 2 ~~; - g4 Planning Cammission August 2U, 1997 D Jerex? Annlicant• David Forbes Hibbert far Arbor~tum Develqpmen~ Partners [Cont~nued from August 6, 1997] The applicant, Da~id Forbes Hibbert, 120 Broadway, Santa Monica 90401, was present to discuss the project The Commission asked questions of staff and tf~e applicant regarding the issues ofi street widening, various mitigation measures, and the proposed design of the building entry, corner element and landscaping There were na requests to speak subrnitted fram any member of the publ~c. Chair Zinner asked for staff response to the l.awrence and Harding letter dated August 20, 1997 Ms Frick cammented tha# the letter recommends amendmer~ts to several condi#ions She explained that many of the condit~ans are from the orig~nal Development Agreement, Attachment D, and are under the autharity of the Director of Environmental and Public Works Management ~epartment {EPWMD) She further expia~ned that while some modification to th~se am~ndment5 may be made by the ~irector of EPWMD, the Comm~ssian has no authority to change t~em Chair Zinner asked if the Comm~ssion can offer recommendations to the Director of EPWMD Ms Fnck answered in the affirmative Commisstianer Gruber asked about t4~e actua! m~tsgat4on measures as regards the widening of Colorado Avenue and Clo~erfield Boulevard He commented on the mitigation measures ~n the Development Agreement and stated that the City's approach to such measures ha~e changed m the last ten years Ms Fr~ck stated that substitute mitigat~an measures must be equi~alent to the orig~nal mitigation measures and e~aiuated through the Enviror~mental Impact Rev~ew (EIR) process Commissioner Gruber expressed his opinion t~at the mitigation measures ar~ not good Ms Frick explamed the process for this overall pra~ect and stated that the mitigatifln measures from the original De~elapmen# Agreement must be used Deputy City Attorney Strabel explained that under the Development Agreement, the Director of EPWMD has two separate sets of discretions (1) the timing of var~ous off-site improvements a~d ather mit~gation measures spe~~fed ~n tl~e Development Agreement, which must be accompiished an a certain order and before all build-out is complete, and (2) the Develapmen~ Agreement has a exhibit which outlines 3 ~•~ _ 8~ Planning Comrnission August 20, 1997 "Generai Ser~ices" requirements and what subst~tute measures may be ~ased with the appro~al of the D~rector of EPWMD, if they are equivalent to the origmal measures She stated that some substitute mitigation measures are subject to CEQA reWiew, which would require additional analysis Commissianer Gruber asked if there is a list of issues under the Director's discretion Deputy City Attorney Strobel stated that some of the items an the list are found m the Lawrence and Harding letter She stated that Planning staff wants ta add language to thase conditions where the De~elopment Agreemer~t allows EPWMD some discretion The language would lea~e the canditions as written and add at the end of each conditian the follow~ng language "The Department of Env~ronmental and P~blic Works Management may madify this condition ~n accordance with the standards set forth m Section 6-C of the De~elopment Agreement regarr~ir~g pra~ect phasing or Exhibit D of the DeWelopment Agreement regarding substitute impro~ements " Therefare, if substitutes are proposecf, the de~eloper and EPWMD can come to terms w~thout retuming to the Planning Cammassian to specifically amend the conditions on this appro~al of specific build~ngs Chair Zinner asked if the Water Garden pro~ect, phase ~wo, will alsa be givirtg over land for additianal traff~c lanes Ms Frick stated her belief that both s~des of the street are bemg widened Chair Zinner commented on the proposed srdewalk location an Clo~erfield Boulevard and asked whether it can be redesigned to be more pedestrian- fnendly Ms Frick stated that this is a design issue and the Commission's ~iews will be cnn~eyed to the Director of EPWMD Comm~ssioner Moench expressed the Commission's discomfort w~th the street w~~th and sidewalk placement He asked staff if all or part of the De~elapment Agreement can be canceled ~eputy City Attorney Strobel stated the process is the same as adoption of the ~eve{opment Agreement, mcluding holding a Planning Commission public heanng, City Council hearing and a f~rst and second reading af the ordinance She also stated that any discretionary actian must compiy w~th CEQA Commissianer Weremiuk stated that she would like to see mi#igation plans come to the Commissian for comment, especially as regards the street 4 "" - ~ i~ Planning Commission August 24, 1997 w~dening and sidewalks Ms Fnck stated she will sp~ak with the Director of EPWMD CommESSioner Gruber asked for staff's ~iew an fhe issue of size reduction per the EIR Ms Schachter stated that the proposed pro~ect most cfosely relates to Scheme B in the appro~ed E1R She stated that the o~celresidential component ir~ Scheme B is siightly smaller than the proposed residentFal pro~ect to be considered in the following hearing She also stated that the propased c~mbination falls within the appro~ed parameters Commiss~oner Gruber asked if the EIR m~tigatron measures remain the same Ms Schachter replied ~n the a~rmative Commissioner Bradley asked about the configuration from tF~e original proposal for the si#e Ms Schachter stated that the original proposal included a grocery store, housmg, and office build~ngs (two four-story buildings) Cammissioner Weremiuk stated she has a problem with the pedestrian friendly finding and the massmg on the Cloverfield corner She suggested this item be continued unt~i the a~plicant addresses the pedestr~an aspects of the pro~ect She th~en made her suggestion into a motion Comm~ssioner Moench seconded the motion Commiss~oner Breisch asked Commiss~oner Weremiuk to explain her motian Commissianer WeremEUk commented on th~ proposed landscaping at the corner, access into the comer portion of the building and changing the design of the round element at tF~e corner Comm~ssioner Parlee disagreed with Commiss~oner Weremiuk He tt~en stated that the Architectural Re~iew Board {ARB} should deal with the facade design and landscaping Chair Zinner stated that he did not have a problem with the design or the mation to cantinue redesign He suggested the item might return with Craig Perkins, Director of EPWMD, and Ron Fuchiwaki, Gity Park~ng and Traffic Engineer, in attendance 5 a~ ~ ~ ~ Planning Commission August 2U, 1997 Commissioner Gruber expressed agr~ement with Chair Zinner as regards rece~~ing input from other City staff He stated that t~e issue of pedestnan friendliness has changed o~er the past ten years He suggested making a candition to require pedestriar~ pathways through the properties He commented that he has a probfem with the lack of ability to cross Colorado Avenue between Twentieth Street and Cfoverfield Baulevard He also stated that he does not agree with Comrnissioner Weremiuk regarding the corner turret element He stated that he could not ~ote far the pro~ect En good conscience Ms Frick stated that pedestrian access ~rom the proJect site ~s not part of the consrderation this e~ening Commissioner Breisch expressed empathy with positions taken ~y Commissioners Gruber and Weremiuk, howe~er he stated that the Commission has to consider the pro~ect withir~ the canfines of the Development Agreement He noted that under the Development Agreement the applicant has certain rights and the EIR mit~gations measures must be adhered to He suggested the Comm~ss~an cancentrate on pedestrian access within the pro~ect For the record, he stated that ~e has no problem with the turret elem~nt He also stated that tenant use of the building will determine where the entries should be lacated Commiss~oner Weremiuk stated that she has a problem with the lack of access points from the Cla~erfield side of the pro~ect Mr Hibbert stated that the tenant use will determine the access points He offered several scenarios including general office space and a restaurant use Ms Frick reminded the Commission that they are appro~ing aifice space and not a restaurant use Chair Zinner asked staff if the CommissioR can use flexibfe language for an approWal Ms Frick answered m the affirmative Chair Zinner asked staff to check the square ~ootage cap on permitted uses for the site Deputy City Attarney Strobel stated ti~at there is a cap or~ restaurant space Mr Hibbert asserted that a restaurant use can be part of the pro~ect and that the applicant is wdfing to do two access poirtts on the Clo~erfield side 6 Y~ ~:' ~ "\ k u Planning Commission August 2U, 1997 Commissioner Parlee stated he could support the mation ~f the pro~ect returns c{uECkly to the Gommission He a~so stated ~e could ap~ro~e the pro~ect as presented The Gommission discusse~ whether they should appro~e the pro~ect with canditEOns or con#inue it for further discussion with City staff in two weeks Ms Fric~C sta#ed that the date certain woulc! be Septernber 3, 1997 Commissioner Weremiuk asked ~hat t~e followmg issues be Encluded for the next hearing on this Ftem two a~ditional access pomts on Clo~erField, the des~gn of fhe co~ner turret, addit~onal retail and restauranf space floor area cap, the ~nclusion of ffex~ble language regardmg th~ p~rm~tted uses, pedestrian access ad~acent to the fountain, the massing of the thre~ elements, and a discuss~on with City staff regarding street configuration and placement of sidewalks Cammissioner Gruber asked that the issue of internal access at the rear of the site be included Commissioner Weremiuk agreed The motion to continue to Sepfember 3, 1997, was approved by the following vote AYES Bradley, Breisch, Gruber, Moench, Parlee, Werem~uk, Zinner ACT10N: CONTINUED TO SEPTEMBER 3, 1997. [The Commission took a break between items ] 7-B: Development Aqreement 97-001 and ^e~elanrrEent Re~iew Permit 97- 001. 2200 Colorado AWenue. C5 (Soecial ~ffice CammeraaEl Distrtct. De~elonment Aareement 97-001 for a third amendment to the existina Development Agr~~m~n~ to remove tf~e 6-storv limrtation for the develaqment of a multi-famil~ housina qroiact: and De~elonment Re~iew P~rmi~ ~7-001 to allow the construction of a new. 285.492 sauare foot. seven-starv. 351 unit a~artment buildina with 9.500 sauare feet of ground flpQr retail snace. and se~en levels (126.592 sauare feetl of at-arade and above-arade oarkma. includina roofto~ oarkina. at the s~te known as The Arboretum A De~elanment Review Permit is reauired to en$ure that the nrooosed nroiect cflmnlies with the reauirements af the Develooment Aareement for this nrooert~ {Planner: D. Jerexl Aoolicant for DA ~7-001 Lincaln Propert~ Comoanv. Appl~cant for DR 97-001: Davicf Forbes Hibbert for Arboreturn Devefapment Partners 7 ~~ Qn ~J Planning Commission August 20, 1997 The applicant, David Forbes Hibbert, 120 Broadway, Santa Man~ca 9040~, was present to discuss the pro~ect Also present were D~nnis Cavalari of Lincoln Properties {the developerl, a representative from Psomas and Assocrates, and Kenneth Kutcher from the Law ~ffices of Lawrence and Hardrng There were no requests to speak submitted from any member of the publ~c Cammiss~oner Weremiuk stated that she fikes the pro~ect and asked if the amenity levels En the un~ts will be the same for all tenants, including the Iow ~ncome tenants Mr Ca~alari stated #hat all un~ts will have washer/dryers, refngerators with ice makers, balconies, walk-ir~ closets, Raman tubs, dishwashers, built-~n computer desks with extra telephones imes for facsimile machmes and modems He also stated that the building amenities wil~ rnclude a fitness center, media room, large meeting roam and busmess center Commissioner Weremiuk asker~ if there will be a fee charged for use of the fitness center. Mr Cavaiari stated that #here will be no added fees to building residents Commissioner Weremiuk asked why, o~ the 49 one-beclroom, two-bath units, 45 of the one-bedroam units will be set aside for the Iow and moderate income tenants Mr Cavallan sta#ed that the reasans were economic and the units are designed to meet the City's mmimum code requ~rements Commissioner Weremiuk asked if Lfncoln Propertaes consrders moderate income to be 100% of inedian income Mr Ca~allari answered in the affirmative Commissioner Weremiuk asked if she was correct that there are no three- bedroom a#fordable income units. Mr Cavallari answered in the affirmative Commiss~oner Weremiuk asked if tF~e community room would be available to the public. Mr Cava~ian answered in the negative Commissioner Grubar asked about the use of palm trees on the landscape plans. The landscape architect for the pro~ect, Jim Hogan, explained the madified plan and discussed the proposed tree plan, which will include shade trees. 8 ~~ ~~ Planning Gommission August 20, 1997 Cha~r Zinner closed the publ~c hearing. Commissioner Parlee expressed strang support for the project He commented that the massing and articulation needs refinement Pr~or to go~ng to ARB Commissioner 8radl~y commenteci on the pedestr~an access way, which appear very narrow and unfriendly Cha~r Zinner suggested the use of a change in pa~ement texture for the pedestrian accessways adJacent to ar crossing drrveways. Commissroner Parlee made a motion for appro~a! per the staff report and with the car~d~tion that ARB pay particular attention to articulation and parapet roofi design "with a ~iew of banefECial sirnplification and retinement " Commissioner Sre~sch seconded the mo#ion Chair Z~nner asfced ~f the mation ~ncluded tf~e rev~sed language pr~~ided by staff regarding department flexibil~ty. Commissioner Parlee answered in the affirmative Cammissianer Weremiuk offered two friendly amendments: that pedestr~an entry be broadened and dEfferent~ated ~n some fash~on fram the auto driveway, perhaps through the use of textured pavement, and that there be no difference between amenities provided fTOm marfcet rate unit and other income units Deputy City Attorney Strobel advised that the Development Agreement locks in certain standards far amenrties that can be changed for different types vf renters She stated that the proposed condi#ion can ~e mcluded w~th the approvaf ~f tf~e develaper Mr Cavallar~ a~reed to the candition pro~~ded that it does not include the number of bathroams per unit Chair Zinner repeated the proposed amendments as equal amenities, the width Qf the pedestnan sidev+ralk at the entrance on Colorado, and crosswafk that crosses pedestrian walkway beh~r~d Gateway 9 ~~' Qi Planning Cor~rnission August 20, '1997 Commissioner Parlee agreed to the fr~endly amendment on the amenities but rtot the other amendment Commissioner Breisch stated that he daes not perceive a conflict between the automoE~ile traffic and ~edestrians He agreed tha# a change in texture af the pavement would be adequate Cammissroner Weremruk stated that she wants more definition and articulation so the ~uilding looks more residentral Commissioner Breisch stated that he reads the design as a"piazza" and the textured pavement wauld enhance the nofian of a mixed use area Cha~r Zinner recommended that ARB re~iew the proposed pavement textures for the pro~ec# He asked if staff understands this condEtion Ms. Gmsberg asked for clari~ication. Commissioner Gruber [off microphone] expressed suppart for "one level with bollards for the open area" per Commissioner Bre~sch`s suggest~on. Commissioners Parlee and Breisch agreed to include the condition Commissioner Moencf~ askad sta#f for the order of the motians far this pra~ect Deputy City A~torney Strobel statecf that the Commission should first vote on tha De~elopment Agreement. Commiss~oner Parlee made a motion ta approve the Development Agreement amendment Cammiss~oner Breisch seconded the motian The motion was appro~ed by the following vote AY~S: Bradley, Breiscf~, Gruber, Moench, Parlee, Weremiuk, Zinner Returning to the first motfon, Charr Zinner asked about the fence heGght lacation and design The landscape architect stated that the fence height along Olympic Boule~ard var~as from 42-inches to 72-mches m heigh~ and explained the location af the railroad nght-of-way easement Commassioner Parlee stated he had no problem with the requested fence height, especrally along the railroad right-af-way, which he cons~ders a rear yard fence Deputy City Attorney Strobel stated that the Developm~nt Agreement states that all fe~ces within the setback 10 c~ ~. Q n ~l ~ P~anning Gommission August 20, 1997 wil9 be 42-inches in height, "unless approved by the Planning Commission " Cammissioner Parlee re~rsed the fence height condition to allow the 72- inch fence height along Olympic Boule~ard side of the property and along the sideyards Commissioner Breisch agreed ta the re~ision of th~s condition Commissianer Gruber expressed oppositian to high fences, especially between the Courtyard deveEapment and the westside af the Arboretu~n Villa A~artments pro~ect. Commiss~oner Parlee stated that the ARB can deal with the fence design. CF~a~r Zinner asked to incl~de the wording "open fence" in the conditions. Commissianers Breisch and Parlee agreed. Chair Z~nner asked that the revised Cond~tion #~42 from the Lawret~ce and Harding letter dated August 20, 1997, be included. Ms Frick stated that staff has no ob~ection to this amendment Commissioners Breisch ancf Parlee agreed to the amendment Deputy City Attorney Strobel recommended that on Condition #52, after the code section, the follawing wards be added "in effect on the effecti~e date of Amendment #2 to the Development Agreement" Cammissioners Breisch and Parlee agreed to the amendmer~t. Cha~r Zinner suggested far the record that EPWMD look at the Title 24 requirements ar~d that language be included to require appl~ances that are energy efficient. Commissianer Gruber called this a"terrific pro~ect", sspecially the courtyards and above grade parfcEng C~mmissioner Braisch also praised the affordable houskr~g aspect of the pra~ect. He also expressed ~leasure with the mixed use companent Ms Frick stated the need to suppfement the record with certain findings. Ms Schachter read the following four find~ngs into the record 1 Appropriate internal pedestrian circulation between related buildings exists in that ~nternal courtyard areas can t~e 11 #~ t9 _ Q J Planr~ing Commission August 20, 1997 accessed by residents from several points alang inter~or haliways or through the clubhouse; that landscaped and pa~ed areas surrounding the bwlding are accessible by sidewalks and grass areas around the perimeter of the site, and that walkways around the building penmeter enable pedestrians to move internally thraugh the block. 2 The placement of each use fln the Pro~erty rs compat~ble with, and rela#es harmoniously ta, all other uses on the Property in that the propased bu~€ding is developed in accordance with ~he devefopment standards and permitted uses set forth m the Development Agreement; and tha't the siting af the residential b~ilding relates harmoniously to the existing and praposed developments on the Arboretum site in that the pra~ect is bounded by an approved office building and proposed office building on #he wes# side, and a praposed office building an the east side. The building materials consist of stucca with articulated planes echoing the design details and articulation of the Ralph's market on the development si~e While the buildmg d~signs are different, the materials used are intended to provide harmony and a consistent color scheme for all buildings on the site 3 The design of the buildmg is pedestrian-oriented and relates harmoniously to the surroundmg sidewalks and streets m that pedestrian traffic rs facilitated by pro~iding direct access to the retail uses from the publre sidewalk, the building design provides the ability to incorporate outdoor seating at the street frontage, and the inclusion of ground flaor neighbarhood serving retail uses will enhance pedestrian activity fln Colorado Avenue. In addition, landscaped area$ between the building and the sidewalk include planters, and axtens~ve paved areas punctuated by planters filled with trees, shrubs and flowers These design features create a pedestrian feel and help to enhance a ~isually harmoniaus relatianship with the surrounding sidewalks and streets 4 The design of setback and open space areas visikale fram the public sidewalks and streets features design elements which enhance and encourage visual connection with tMe public streetscape and the Property in that the setback alang the 12 ~•~ ~~ Planning Commission August 20, 1997 Colorado A~enue frontage ranges from 4D to 42 feet, and setbacks along Olympic Boulevard range from 55 to 90 feet Due to these generous setbacks, the viewer's eye is pulled rn fram the public s~dewalks to ample public gathering spaces and neighborhood serving retail spaces In addition, paved areas alang the building frontage include planters filled with fEowers, trees, and shrubs, which also enhance the building design at the pedestr~an level Commissianers Parlee and Breisch agreed ta the fmdings Ms G~nsberg read into the record from Section 9.2$ of t~e Zoning Ord~nance that inclus~onary units provided shall have at least the same ~umber of bedrooms as the a~erage n~mber of bedroam units in the entire project Deputy City Attorney 5trobel stated that staff will crafit a condition to com~aly with this requirement Comm~ssioner Parlee asked the applicant rf they agreed to the condition The appf~cant's team expressed no oppasitian Cammissioner Weremiuk asked about venfication that the pro~ect meets code Deputy City Attarney 5trobel commented that compliance w~ll be ~enfied Mr Kutcher stated that he has d~scuss~d the ~ssue vf the number of bedroams par unit with the Director of Planning and that the ratio and proportion must be equivalent He also stated that the development will not more forward if the number af bedrooms to incpme mix is changed Ms Frick commented that the pro~ect has changed over time and staff wif! need to ve~afy the current m~x agamst code requirements The motion was appro~ed by the follawing vote AYES Bradley, Bre~sch, Gruber, Moench, Parlee, Weremiuk, Zinner [The Comm~ssian toak a break at this time ] 8. DISCUSSION: A Commeraal Setbac~CS in G2 & C-3 Distrfcts (Moench - 9111196) 13 ex .~~ . Q ; ~- v Pianning Gommission B C August 20, 1997 Commiss~oner Moench asked that this item be withdrawr~ Action: Withdrawn. Desian Issues in Commercial Alle~ Entries IMoench - 7I30/97~ Commissroner Moench cammented or~ pedestrian oriented issues and asked staff to analyze this issua for the next fiscal year He stated that alleys in commercial districts are basically ugly and a study should be done to find ways to make therri more friendly The Commiss~an d~scussed horrv CommESSioner Gruber suggested synopsis or proposal far their item the praposals be brief. to prioritize discussion items that Commissioners write up a s Chair Zinner recommended that Commissioner Weremiuk commenfed on the alley issue as regards the Th~rd Street Promenade and the dawntown gu~deEines The Commission agreed to prioritize this issue far future budgeting of a study Commissioner Gruber suggested tF~at the study identify various sundry effect, uses and the ownership of the alleys Actian: Discussion Held. Sit~irlg PI~~~$ in ~qrnmercial Districts lMoench - 7/301971 Comm~ss~oner Moench crted a boo~C by William White entrtled Cit~ which concludas "that people sit most wt~ere there are places to sit" He suggested a standard requirement that certain !ot sizes requEre up to 10% seating on the building frontage Commissioner Gruber felt this issue was micro-managing Ms ~rick commented that seating is important for pedestnan or~entatior~ and the Crty may look at this issue mare closely in the future She stated that rt is difficult to regulate public amenities far the public sector. Commissioner Parlee expressed genera! agreement, howe~er he felt this should be a suggestion, nat a mandate. 14 ~ ~ . ,q ~ Planning Commission August 20, 1997 Cvmm~ssioner Weremiuk expressed interest in an incentive program for pro~~ding seating The Commission expressed general agreement that this issue should be prioritized and possrbly combine it with ather commercial development s#andards. Action: Discussion Held. 9. COMMUNfCATIONS: A Planr~ing Commission CaseErst B Zonmg Admmrstrator Casel~st C Appeal of Planning Commission Dec~s~on to City Council '! CUP 97-003, 1 910 Ocean Avenue [Pri#ikinlalcohol~ Appellant Julie Lopez Dad 10. COMMlSSION AGENDA: The Commission asked to agendize a discussion on expand~ng the Commissron`s role to include acting as a Transportation Commission 11 PUBLIC INPUT: NONE 12 QDJOURNMENT: The meet~r~g was adjourned at 1 1 p.m f 1planlsharelpclminuteslpcm820 97 1012/97 APPR~VED AS AMENDED: QCTOBER 22, 1997 15 ~~ _ Q~ ~ ~~;-~s ATTACHMENT E ~ ~, . g ~ ,-~ ~r ~ L~L MINUTES REGULAR IUIEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA WEDNESDAY, SEPTEMBER 3, 1997 CITY COUNCIL CHAMBERS 7.00 P.M ROOM 2~ 3, CITY HAL~ 1. CALL T~ ORDER: The meeting was called t~ order at 7 4S p m 2. PLEDGE OF ALLEGfANCE 3. ROLL CALL: ~resent. Berton R Bradley Kenneth Breisch Frank Gr~ber Lou Moench Enc Charles ~arlee Kathleen Weremwk John Zinner, Chairperson Also Present Tony Antich, City Engineer Kyle Ferstead, Commfssion Secretary Suzanne Frick, Directar of Planning/PCD Ran Fuchiwaki, City Parking & Traffic Eng~neer Karen Ginsberg, Planning Manager Danna Jerex, Associate Planner Bruce Leach, Associate Planner Marsha Jones Moutrie, CEty Attorney Barry Rosenbaum, ~eputy City Attorney Amanda Schachter, Sen~or Planr~er Alisan St.Onge, Architecfural Review Board Liaison Mary Strobel, Deputy Gity Attorney Bill Zein, Sr Ci~il Engineer 4. PLANNING DIRECTOR'S REPORT: Ms Fr~ck gave the Director's Report She reported that there will be an "Inclusionary Housing Program" public workshop at Lincoln Park an Sunday, September 7, 1997 from 1 30 - 4•OQ p m She also reported that the Commission will have a study session on the same tapic on September 10, ~ 997 Lastly, she reported that the upcoming Commission meeting dates are as follows: September 17, September 24, October S and October 15. Ms. Frick introduced the City Attarney, Marsha Jones Moutne. Ms Moutrie introduced herself to the Commission and paEd tribute to Mary Strobel who is leavmg the City shortly. Follawing her comments, she introduced Deputy 1 `~~' ' ~~.~ Planning Commission September 3, 1997 Crty Attorney Barry Rosenbaum, who w~El be taking Ms. Strobef's place as fegal cour~sel for the Cammission Deputy City Attorney Barry Rasenbaum introduced himself ta the Commiss~on and statEd he is loaking forward to working wrth the Commrssion beginning at their next meeting Chair Zinner asked Ms Frick about an appointment that needs to be made Ms Fnck stated thrs will be agend~zed for the September 17, 1997 meeting of the Commission 5. APPROVAL OF MINUTES: Commissioner Parlee made a motion ta appro~e the minutes far July 2, 1997, and July 16, 1997, as submitted Commissioner Gruber seconded the mation, which was appro~ed by voice vote 6. STAT~MENTS OF OFFICIAL ACTION: Cansent Calendar Commissioner Parlee made a motion to appro~e the Sta#ements of Officiai Act~on as submitted Comm~ssioner Br~FSCh seconded the motion, which was approved by voice ~ote Gommissioner Parl~e and Bradley abstained on all the items ~-A CUP 97-003, 1910 Ocean Avenue 6-B. CUP 97-008, 1828 Ocean A~enue 6-C CUi' 97-005, 2305-09 Ocean Park Boulevard 7. PUBLIC HEARINGS: Continued frarr~ August 6, 1 997 Chair Zmner suggested the Carnmission hear item 8-B pnor to iterr~ 7-A Commissroner Parlee made a motion to reorder the agenda Commissioner Bradley seconded the motian, wh~ch was appro~ed by voice vote. A. Develonment Re~iew 97-005. 23QQ Coloradn A~enue. C-5 (Snecial Office Commerciall. Aoolication for a Qevelooment Review PermEt to allow the construction of a new. 191 .000 sauare foot, six-storv office buildina above a three-le~el. 637 snace subterranean parkina aaraae at the site known as The Arf~oretum A Develo~ment Re~iew Permit is reauired to ensure that the proposed proiect comolies with the r~q~ir~rn~n~$ pf the De~Elanr~ent Aareement for th~s orooertv {Planner D Jerexl ADDIiC31lt David Forbes Hibbert for Arboretum Develooment Partners. ~NOTE Th~s item was heard after rtem S-B ] Ms Friclc gave the Commission same background informat~on regard~ng this pro~ect, which had been continued from t~e previous Camm~ssion 2 ~~ ~~~ i Planning Commission September 3, 1997 meetrng. She stated that Ms Jerex would g~ve the sta#f report on the re~ised pro~ect foiiowed by a presentation from the City Parking and Traffic Engineer and a representative from the Crvil Eng~neering D~visron ChaEr Zinner asked staff far clarification far boundaries w~thin which fF~e Commission may discuss the street issues Depi~ty City Attorney Strobel stated that the purpose rs basicaliy for informatron, howe~er one of the fiindings the Commission needs to make for the specrfic tauild~ng reviews is whether the building design relates harmoniously to the surroundmg sidewalks and streets She stated that the Cammiss~on may not comment on, ar cnt~que, or make recommenclations on how the street or sidewalk design should be changed Sne further stated that the reason is that the item regarding the streets and srdewalic desEgn ~s ~at on the agsnda and that the ~tern ~s nat d~rectly w~thsn the re~iew author~ty of the Comm~ssion under the De~elopment Agreement. Chair Zinner suggested that under Commission Discussion, later ~n the agenda, the C~mmiss~on should schedule discussion of the streets. Commissioner Weremiuk stated she thought the Cammission had agendized the discuss~on item Chair Zinner cited. Deputy City Attorney Strobel stated that the agenda wording only relates ta the De~elopment Review and does not rnclude any pro~ision for d~scussion or a critique of the City staff's plans for the widenrng of Colorado or Clo~erfield Ms. Frick stated that staff's understar~d~ng was that the Comm~ssion requested add~tional ~nformation about the des~gn of the widening for both Calorado and Cioverfield so you could understand haw it relates to the pro~ect before you She stated that if the Commission wrshes to cntique and c~mment on the street design, then it can be agendized for anflther meetmg. Commissioner Wererniuk suggested that rn the ~uture, when the Commission continues an ftem for more information, etc , that th~ agenda wording be rev~ewed by the Chair prior to tt~e packet going out. Commissioner Parlee stated that his under~tand~r~g of the discuss~on i~ exactly as agendized and that it is nat appropriate #o debate the matter Ms. Jerex gave the staff report. The Crty Parking and Traffic Engineer, Ron Fuchiwakr, addressed the Comm~ssion regarding the lane str~ping and lane configuratian of Coforado A~enue at the intersection wrth Clo~erfield Boule~ard according to the Development Agreement mitigation measures. One of the City's Cr~il Engmeers, Bill Zem, addressed the Cammission regarding changes underway for Claverf~eld Boulevard. 3 ~~ .~ ~~ Planning Commission September 3, 1997 Commissioner Moench asked Mr. Zein if he was interpret~ng the diagram correctly. He stated that he reads it as three through lanes, two channelized left turn lanes and no parking. Mr Zein answered rn the affirmative Cvmmissioner Moench asked Mr Zein for thE distance across the ~ntersection of Calorado A~enue and Cla~erfield Boule~ard diagonally. Mr. Zein stated that the distance diagonally is 90 feet. Comm~ss~aner Weremiuk commented on the placement of the sidewafk on Cloverfield Boulevard, which she felt was not pedestnan friendly. Mr Zein stated that the sidewalk placement is part of the De~elopment Agreement, which also specifies traffic flow Eanes and the width of the street He alsa stated that the sidewalk is safe for pedestrians Chair Zmner asked rf there is a reason the sidewalk can not be mo~ed srx feet in from the curb Ms Frick stated thaf the there is no add~tional space for the sidewalk to be moved because af the development pro~erty lines Commissioner Gruber asked if the sidewafk could be moved with the permission of the developer if an easemer~t was provided. Mr Zein stated that the plans have been drawn and appro~ed The City Eng~neer, Tony Anf~ch, stated that if the developer is willing to work with the Gity to provide an easement far the sidewalk, it would be permissible under the DeWelopment Agreement Commissioner Weremiuk asked staff if it is within the Comm~ssion's pur~iew to ask the de~eloper to dedica#e an easement for the sidewalk tonight. Deputy City Attorney Strobel answered in the negative She further stated that, per the agenda, the Commission can review the proposed building and nothing else Commissioner Weremiuk stated her understanding that the Commission can re~~ew the pedestrian orientation and circulation of the s~te Deputy Ctity Attorney Strobel stated that th~s tissue on the agenda and part of the findings in the staff report, howe~er it means the dasign of the building as it relates ta the streetscape, not t~e review of the streetscape in Part~cuiar She stated that the streets and streetscape are part of the Develapment Agreement and under the ~urisdiction of the EPWMD Chair Zinner commented an the i~ternal circulation finding for the pro~ect and asked why the sidewalks co~ld not be included. Deputy City Attorney Strobel explained the findings that need to be made and 4 ~: .: ~ ~ 4 Planning Commission September 3, 'i 997 whether a frnding could be made for moving the s~dewalk if all parties agreed Commissi~ner Gruber stated that the Commission should move forward w€th the hear~ng. The pro~ect's architect, Da~id Hibbert, 120 Broadway, Santa Monica, addressed the Commission regarding the pro~ect Comm~ssioner Parlee asked Mr. Hibbert a senes of questions regarding access ta the building and optians for addrtional or alternative access to t~e bwlding Comm~ssioner Parlee expressed concern regarding lack o# access on the west side of the bu~lding The applicant's representati~e, Bil( Hammerstein, explained that the residentral property next door (Arboretum Villas) daes not need access fhrough his building to get to the Ralphs market Commissioner Parl~e suggested makmg the pedestnan pathway be#ween the Lincoln Property and the Gateway property mare ~nteresting Mr H~bbert explained about the placement of the trash enclosures at the far south-west corner of the site which wo~ald make connection a# walkways between the different properties difficult Commissioner Gruber commented on pedestrian walkways for the pro~ect as respects the south entry and along Cloverfield Boul~~ard. He suggested that the tree config~ration be moved with the bigger landscape trees being closer to the street He also commented on the seatmg around the fountarn and how it is cut-off from the terrace. Cammissioner Weremiuk commented that she would like to see botE~ ma~or street frontages as "the front" of the build~ng. She also stated a preference that the wafkways not be ad~acent to the street Mr. Hibbert and Mr Hammerstein stated that they can dedicate the parkway for the set#ing m of the sidewalk C~mmissioner Wererr~iuk about the des~gn of the front facade Mr. Hibbert explained the des~gn of ~he ~acades and the orientation af the terraces Chair Zinner comrnented ~n the meandenng pedestrian pathway between the proposed develapment and Ralphs Mr Hibbert stated that their is no parficular reason far the des~gn. He also stated that he I~kes Commissioner Gruber`s idea of addir~g additianal pedestrian zanes 5 #a ~~J Planning Commiss~on September 3, 1997 Camm~ssioner Gruber asked if ane would be able to make left hand turns onto Colorado Av~nue from the pro~ect Mr Fuchiwaki stated that thare are no plans to restrict turns of this type. Chair Zinner closed the pubiic hearing CommESSaoner Parfee made a motion to approve the pra~ect Dep~ty City Attorney Strabel stated that if the Commission wants to approve the pro~ect, then all the findings from the August 20 staff report would be necessary as well as one additiona€ finding She stated that finding would be "that the pra~ect pra~ides appropriate internal pedestnan onented circulatron between related buildings on the property " She also stated that reasoning for the finding would be needed Commissioner Parlee made th~ foll~wmg findings {a) that the applicant has g~ven a south entrance, at discretian of leasee and ARB, thereby gi~mg access from Colorado to the south towards the Ralphs location, and (b} #hat ir~ the east-west direction, the aPplicant has provided a pleasant pedestnan accessway through landscape areas with pergolas and trellises, which satisfies pedestnan experience in that area He asked that the applicant consider hav~ng part of the pedestrian accessway that connects to the east-west access, cont~nue along the westside landscaped area and reference tl~e main entrance to the residential building, sub~ect to ARB review And a cond~tion that the applicant work with the City Engineer regarding the Clo~er~ield Boulevard sidewalks, either with the additian of an easement that would allow moving the sidewalk in from the street curb or allow ti~e applicant ta addit~onal pedestrian pathways along the east side of the property, which would be re~iewed by the ARB Commissioner Gruber secanded the motian. He asked for a condrtion to direct the ARB to re~iew the corner founta~n element so that it connects with the terrace and becomes a mare useable space Commiss~oner Parlee accepted the condit~on as a friendly amendment Commiss~oner Gruber asked for another condition to direct the ARB to re~iew a parallel path or parkway on the east side af the property that would mo~e the big trees away from the buildings toward Cloverfield Bvulevard to allow for more pleasant landscaped corridor ant~ pedestrian ~se of the graunds. Comm~ssioner Parlee aecepted the conditian as a friendly amendment. 6 ~ „ ~ ~ ., u Plannir~g Commission September 3, 1997 Camm~ssioner Gr~ber askec! for a conditron that the so~th terrace connect to the ad~acent Ralphs property as pedestrEan access CommESSioner ParEee accepted the condition as a friendly amendment Commissioner Gruber asked for a condrtion that the westside along the north-south corridar be rr~ore piazza-like Commissioner Parlee noted that there is a grade change issue m this ~ocation according to the architect He then acce~ated the condition as friendly Camrnission~r Parlee asked that ARB pay particuiar attention to the three massing elements, which need ref~ning, and the cornar element. Commissioner Gruber agreed the conditions were fnendly Commrss~oner Weremiuk expressed concern with the term "at the discretion of the applicant" 5he stated that she wanfs these items required if the City agrees they are allowed. Deputy City Attorney Strabel stated that the Commission can use the warding "if the City Department and Developer agree ta change the configuration, or with additional meandering walkway", and then add apprapnate findrngs Cammiss~oner Parlee accepted the amendment as friend[y Commissioner Gruber also agreed Chair Zinner commented that the ward~ng pro~ided by staff allows f[exibility with t~e Colorado Avenue streetscape Commiss~oners Parlee and Gruber agreed Chair Zinner requested that staff agendize both the Lincoln Properties and the Gateway pro~ect for the same night at ARB Ms Friclc stated that staff can anly encourage the applicants to submit simuEtaneously Chair Zinner read into the record his list of the conditions and findings His I~st was read as fallows (1 }"the internal hallway that connects one of the lobbys with the sfluth side" occurs, but the location is flexible [applicant's request], (2? "a better pedestnan tie between the front door of Lincoln and the pedestnan pathway on the south side"; (3} "on the east side° the parkway be reexarnined with pathways and reexam~ne the landscaping; (4) that ARB examine the corner fountain; {5) ARB examine the arch~tecture af the three corner elements of the buildmg; (6~ "prav~ding a pleasant corricfor" or pedestrian fr~endly corrrdar at the eastern end, wE~ich would include more shade trees sa it is not so barren and open to the street [Breisch "a happy copse of trees"], {7} that a small connection be made on the westerly end of the south 7 a e~ .l. U r~ Planning Commissior~ September 3, 1997 "ellay"; and (8) "pra~iding flexibility on both Coforado and Cloverfield" "with findmgs that the current design is acceptabfe, and ~f i~s mod~#ied per our discussions, that is also acceptable " Also the new finding. The motion was appraved by the fallowing ~ote: AYES: Bradley, Breisch, Gruber, Moench, Parlee, Weremiuk, Z~nner. [The Comm~ssion took a fifteen rninute break at this time.] 8. PUBLIC HEARINGS: A. Conditional Use Permit 97-012. Noise Variance 97-001, 144G Third Street Promenade, BSC-1 {6avside Commercial District). Aoqlication for a Conditional Use P~rmi~ (CUP) ~n~! NoiS~ V~r~~n~~ (NV) to conver~ ~n existina restaura~t/bar with an apraro~ed T~pe-47 {~n-Sale General for Public Eatin4 Place) alcohol license to a r~iQhtclub w~th a 440 sauare foot dance ffaor and d i mus~c The apolicant is reauest~na a CUP to extend the hours of alcohof operat~on from 1.00 a m. in the dininc~ area and micfniaht in the bar area to 1•30 a.m for dancinq and alcohol service throu4hout the facilitv and 2:00 a.m. for closmcr, and a Noise Var~ance to wai~e soundoroofina impra~ements reaurrecf for tF~e r~iuhtclub m accordance wrtF~ Sect~on 4.12 160 of the Santa Monica Municioal Code The proqosed niQhtclub wauld hava a total of 17$ seats The qroiect currentl~ has an existina CUP (#89-100}. wf~ich bermits a 212-seat restaurant with alcohol ser~ice. (Planner Gina Szilakl Aoolicant: L. Elizaheth Strahlstrom. ~sa.l C~illers Restaurant CONTINUED T~ SEPTEMBER 17, 1997 B. EaPC 97-002. 1338 Twentieth Street, CP-3. Annl~cation for an Earthauake Recoverv Permit for the ~n-kind reconstruction af a three stor~. 44.5~3 scsuare foot. 148 bed Con~alescent Hosqital at 1338 Twentieth Street, in the CP-3 ICommercial Professional? District The qrigrn~l fpur $~Qr~. 46.503 sauare foot. 148 bed convalescent hosoitaf w~$ demolished after the 1994 NarthridQe earthauake Consistent with the qre~ious facil~tv. the new oroiect will nrov~de 30 narkina sqaces and maintain the same buildEna setbacks. IPlanner• Bruce Leach) Anqlicant: Edwin Mohabar. AIA. for Bav Vista Con~alescent Hosnital. Joinmg the Commission for this item is the Architectural Review Baard (ARB) Liaison, Alison St.Onge. The applicant, Edwin Mohabar, was present to discuss the pro~ect Chair Zinner commanted that the proposed reconstruction has fewer balconies that the prev~ous building Mr Mohabar stated that previous 8 #~. jQ~ Pianning Commission September 3, 1997 building was re~etitiaus with balconies and the new design is intended to add articulat~on ta the build~ng. Cha~r Zinner comrnented that the staff report ment~ons the use of glass block, however he could not find this noted on the plans Mr Mohabar stated that the final submission flf the plans has no glass blacks, which had been placed at the entryway Chair Z~nner commented that the staff report ind~cated ~he f~nal landscape plans would be submitted later. Mr Mohabar stated ihat the landscape plans are 6eing developed. ARB Liaison St Onge expressed concern regarding the amaunt of natural light coming into the rooms She suggested a more creati~e and innovati~e approach could have been used ta gi~e more light to the rooms. Mr Mohabar stated that the two-bed rooms are only 230 square feet and the three-bed roams are 300 square feet. He also sfated that i~e has used full slEding glass doors along the alley ele~ation and large w~ndows (6 ft , 8 in. by 6 ft.} toward the courtyard and the same farge windows along tf~e east elevation with safety railings where there are no balcon~es He apologized that he did not bring a rendering of the elevations ARB Liaison St Onge asked if the small windows would be adequate. Mr Mohabar stated that the windows meet code requrrements. ARB Liaison St.~nge asked rf tha windows could ha~e more height. Mr Mohabar answered in the affirmati~e Commiss~oner Bradley commented an in-kind replacements and asked if 30 park~ng spaces would be adequate Mr Mahabar stated tl~at 30 parking spaces is the code reqwrement Cammissioner Parlee commented that the architect has done an exempfary ~ob on this pro~ect He asked if the balcanies are aften used in such facilities. Mr Mohabar replied that balconies are seldom used by the resic~ents Commissioner Grufaer asked about the cornices. Mr. Mohabar stated that the stone loafc cornices are made of a foam matenal covered with a stucco #ype matenal. Camrnissianer Gruber asked about the materials used on the rest of the b~+ilding. Mr. Mohabar stated that the building will be of steel framed with concrete and the walfs wi14 have axterior plaster and gypsum canstruction 9 ~n ~ ~„ Planning Commission September 3, 1997 There being no requests to speak fram the pu~lic, Chair Zinner clased the public hearmg Commissioner Parlee commented that this pro~ect is a spec~af type of housir~g with special needs. He stated he has no ob~~ction to the reduction of balconies. He stated that this is a ~ery good, straightfarward building design Commissioner Parlee made a motion for approval of the pro~ect Corr~missioner Brersch seconded the mot~on. Commissioner Weremiuk stated that the applicant verbally agreed to additional window height. She asked if this wauld be acce~ted as a friendly amendment to the motion Cammissioner Parlee stated that the additionai window height is not absolute[y necessary far the pro~ect. ARB L~aison St.Onge recommended that balcony railings l~e made with wrought iron to provide more air and fight to the rooms balow. Cammissioners Parlee and Breisch agreed to the amendment The ~-notion was appro~ed by the #ollowing ~ote AYES. Bradley, Breisch, Gruber, Moench, Parlee, Weremiuk, z~nner and St Onge Chair Zinner thanked ARB Liaison St Onge for her participation on this item 9 DISCUSSION: A. O~erall Cit~ Parkm4 Polic~ fMoench 1 1/20/9~ & 3/5/971 Commissioner Moench stated that he wants to see the "big picture" on the City's Parking Policy, possibly through a scoping session ~n diafogue with the community He also stated that his comments apply to the next item {9-B) Commissioner WeremEUk commented on the negative impact of the City's residential parkEng requirements for new housing pro~ects She stated her belief that the current standarcfs require more parking than is necessary She cited the example o# the ~o~arth Street Housing Pro~ect and its shared parking component. 10 ~~ ~~ (~ Planning Commission September 3, 1997 Chair Zinner suggested that Commrssioners write up their reasons for want~ng #his issue studied sa that boundaries can be set and prioritization made. Corrtmissianer Gr~ber commented that the overal! parking policy is misleading and there is a great deal of variety in the City He stated that he would iike to hear from experts on the parking ~ssues Chair Zanner recommended that draft written propasals be reviewed by two other Cammissioners B Downtown Parki~a (Moench 1 1/20/96 & 3/51971 (See 9-A.) C. Pro~idm4 !'arkin4 for Commercial Use an Adracent Residentiallv Zoned Land f~.e. Wilshire Boulevardl fWeremiuk: 7121971 Commissioner Weremiuk commented ort her concern regarding commercial lots wit~ no parking that are cor~nected to residential lats. She suggested that ins#ead of allawing demolition of such sites, the City could allow parking an the resicfential portion of the property if there is one owner for both parcels She stated that such a policy would retain residential units. Ms Fr~ck stated that such a policy woufd require a Text Amendment to amenc[ the Zoning Ordinance. There was discussEOn regard~ng rede~elopmer~t of cammercial parcels wrth no parking Commissianer Moench suggested this be attached to Gtem 9-A The consensus was that this issue should be studiec~ further ~nd priori#ized 1 U. COMMUNICATIONS: A. Plannmg Commission Caselist B Zoning Admmistrator Caselist C Cumulative Pro~ects List D Appeal of Planning Commission Dec~sion to City Council 1. CUP 97-QQB. 1828 Ocean Avenue fLot Extensionl AppelEant Hotel Employees Restaurant Employees Local 814 2 CUP 97-003. 1910 Ocean Avenue fPritikinl Appellant~ Janel Jones 11 ''~` ~1~ Planning Commission 13. COMMISSION AGENDA: September 3, 1997 Cf~air Zinner asked to agendize a discussion on the Commission's limits and authority as regards changes to Colorado Avenue for September 1 7 The Camm~ssion ga~e Deputy City Attorney Strobel a standing avation. Deputy City Attorney Strobel stated that it has been a pr~vilege ta work for the City of Santa Monica for twelve years and that she has en~oyed her seven years of worlcing with the Planning Commiss~on. She commented that she es~ecially en~ayed working with this current Camrnission because they are thoughtful and insightfui. 14 PUBLIC INPUT: None. 15. ADJOURNMENT: The meeting was ad~ourned at 9;35 p.m. f IplanlsharelPClagendalpca93 97 10/9/97 APPROVED AS AMENDED: OCTOBER 22, 1997 12 °~ 1 ~ ~ ATTACHMENT F ~ ~. ? 1 ~ ~n ~~~ CITY OF SANTA MONICA PLANNING COMMISSI~N STATEMENT OF ~FFICIAL ACTION PROJE~T CASE 1~siJMBER. DR 97-005 LOCATION 2300 Colarado Avenue APPLICANT David Forbes Hibbert. AIA CASE PLANNER• Donna Jerex. Associate Planner REQUEST_ De~elopment Revieu+ of a port~on of Phase III of Coloxadv Place {The Arboretum) cansist~ng of a 191,0(~D square foot, six-story a~ce buildmg above a three-level, b25 space subterranean I parking garage at the site l~own as The Arbaretum CEQA STATUS The pro~ect has been previously assessed as part of the review and approval af the Development Agree~nent and amendments thereto An EIR for the Arboret~.im pro~ect was ~ertrf ed by the City Council on March 21, 1995 PLANN~~1G COMMISSION ACTION Sentember 3. 1997 Date X Approved based on the following find~ngs and sub~ect to the condrtions below Denied 1 """ ~IJ Other EFFEC'TIVE DATE OF ACTION IF NOT APPEALED: Sentember 18. I997 EXPIRATION DATE OF ANY PERMITS GRIINTED: March 18. i 999 Development Revreu~ Permrt LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(Sl: Any request for an extension of the expiration date must be received in the Crty Planning Drvisian pnor to exp~ration of this permit Six Months Development Review Permit FIND~NGS: ~. The placement of the proposed o~ce builduig on the Rea~ Property and the locat~on of the proposed uses (general vffice} within the building are compatible with, and relate harmoniously to, surroundu~g sites and r~eighborhoods iui that the buiiding complies with the setbacks and height lumis established in the Develapment Agreement, which were established to maintatn cvnt~nuity between each phase of deveiopment, the ~u~Idang design and p~acement provides public open spacelviewshed areas for the overall pra~ect srte, and that the iandscapmg, walkways, and entry plaza ha~e been des~gned to ~nclude a physical and visual cannecdon ta the vther existing and proposed de~elopmemts {Ralph's Superinarket, Sony ~Vl~stc Campus, Twent~eth Street Zorte Off ce Bui~~irigs) vn the site through the use of sir~lar bu~ldmg matenals, designs, landscaping, anc~ contmuaus sidewalks around the peruneter af the site 2. The access point~ and ~ternal circulation plan are adequate to accommodate ant~c~pated automobile and peciestrian traffic for the propased bu~lding in that the cvnceptual lanc~scape des~gn provides for a series of pedestrian sidewalks mterspersed with landscaped areas which shall be subject to appraval by the Architectural Review Board The proposed parking meets the limitatxons and requ~rements of the standards set forth ~n the Development Agreernent One generai driveway access and on~ service driveway access on Colorado have been grovided and access and circulation have received prelunmary approval, and are sub~ect to final re~i~w and approval of the Ciry's Parkuig and Tra~c Engmeer. 2 ~z~ ~Ib 3 The bualdmg herght does not exceed that perm~tted by Section 9{b) Qf the Deve~opment Agreement m th.~ t the build~ng compl~es wrth the su~-story, 84 foot height lunrt m the Colarado/Cloverfield Zane 4 The setback requirements of Section 9{d) of the Development Agreement are compIied ivith for the proposed bu~~dmg in that the build~ng meers the m~mum 24-foot setback base lme requirement by being set back a mmunutn of 39 feet on the Colorado frontage, and a m~rnmum of 51 feet aiong the Cto~erfield frontage, and the placement of each progosed building is compat~ble w~th and relates harmomously to, the open space required by Section 13(b) the Development Agreement in that the coverage ~s approxvnateiy 43~ of the lot an whtch it is located, and the development af the buildmg wouid result m Iess than 50`~ coverage for the overall pro~ect site S The proposed bu~ldmg comphes with the Bu~lding Volume Envelope restriction of section 9(e) of the Development Agreement ~n that the maximum height of the building on the Colarado frontage wiil be over 57 feet with an average setback greater t.~aan 55 feet, and the m~unum height of the build~ng along ~he Cloverfield frontage is over 57 feet, and fs set back more than 40 feet from the curb line along its entue frontage 6 The number of parkin~ spaces required by Sectton 9( fl and Exhibit C of the Deveiopment Agreement are bemg pro~ided in that fii3 are required and 625 are proposed The Development Agreement also restric~s the maxunum number of comgact spaces to 4[l~ of the tatal requued (or 245 spaces), and 135 (22`~ ) are propased 7 The aggregate floflr area square footage for each use on the Real Property m all buildmgs previously apQroved under Secuon 9{1) of the Development Agreem~nt, and that being proposed, compties with Sect~on 9{g) and 9{z) of ~he Deve~apment Agreement vvitti respeet to the iast bu~lding tfl be submitted far re~iew in that the proposed 191,000 FASF is less than the 260,019 FASF remaming available for development for office and other ~ses S The placement of each use an the Property is compat~ble with, and relates harmonivusly to, al] ather uses on the Properry ~n that the proposed bu~lding ~s developed in accordance with the development standards and permitted uses set forth m the Development Agreement; and that the sit~ng of the office bu~lding relates Iiarmaruously to the ex~shng and groposed developments on the Arboretum site in that the pro~ect is bounded by an existmg supermarket on the sauth {rear) side, and proposed rn~ed use (mcluding multi- family residential) buildings on the west side The residential partion of the ad~acent properry is buffered from tl~e pro~ect by a dr~veway ta the parkmg garage, as well as adm;nistrative, clubhouse, and cammercial retail uses which are part of the mixed use residential camponent which abut the pro~ect's side property luie In addition, the building materials consist of a red stone veneer arcade and cormces, dry wail finishes which provide a stucco-lilce appearance, and capper clad barrel roofing mater~als, (including a ~lass pavilion wrth a capper roof}. These materials are similar to thase approved for the 3 iy ~ ~ ~ ..t l office buildings in the Twentieth Street Zone Therefore, while the buildmg designs are different. the materials used are mtendecf to provrde harmony and a cons~stent color scheme for alt office buildings on the site 9 The design of the building ~s pedestrian-oriented and relates harn~omously to the surrounding sidewalks and streets m that pedestrian traffic is facilitated by provid~ng access to the building not anfy through the parkin~ structure, but also through a large entry plaza and arcade set back 86 feet from the curbline which provides direct, street- level pedestrian access from Colorado A~enue, and by providu~g landscaped areas between the building and the sidewalk wYuch mclude numerous planters for trees. including garden walls which dauble as benches, fountains ~n the arcade area and at the Colorado AvenuelCloverf'ield Boulevard corner, and extensive pa~ed areas ~unetuated by planters fi~led with trees, shrubs and flawers These design features create a pedestrian fee! and heip to enhance a ~lsually harmonious relatronshlp w~th the surrounding srdewalks and stre~ts If approved by the appropriate Ciry Department, and agreed to by the develoger, pedestrian orientat~on may be enhanced by a public easement granted to the Crty by the deveioper which enables a widened parkwayllauffer from Cloverfield Boulevard, or, if such easement ~s not received by the City, a meanderjng ~ath through the on-srte landscaping along tt~e Cloverfield Boulevazd frontage shall create a harmamaus pedestrian environment. 10 The design of setback and open space areas visible from the public sidewalks and streets features design elements which enhance and encourage visual cannection w~th the public streetscape and the Property m that the setbacks on the Cloverf'ield Bouler+ard frontage are 51 feet, and range from 39 to 86 feet along the Colorado Avenue frontage Due to these generous setbacks, the viewer's eye is pulled in from the public sidewalics and streets to focal pomts which inciude a fountain, plaza, and seanng area at the Calorado/Cloverfield corner, an arcade and serles af fou~tams on the Colorado Avenue frontage, and paved areas aiong the bu~lding frontage which include p~anters filled with flowers, trees, and shrubs, which also double as seating areas for pedestrians 11 The pro~ect provides appropriate internal pedestna~ circulation between related bu~ldmgs on the property in that an internal haIlway will be prvvided m the office building so that pedesuians rnay walk into the bu~lding from the Colorado Avenue entrance, and exi~ through the south end of the buildu~g and onto a landseaped pathway with pergalas and trellises wh~ch leads directly to the nezghbor~ng supermarket, and that the bu~lding is surrounded an a11 s~des by interconnected gathways which pro~v~de access to bath neighboring parcels and the public sidewalks 4 F. ~~i Condit~ons 1 Pro~ect Desien (a) A pedestrian access pomt shall be provided on the south building facade, and an intertor hallway or lobby area shall be provfded msfde the buildmg which will alIow pedestnans ta enter the building an the Colorada Avenue (northern} side, and exrt at the rear (soutttern side) of the office building and onto the rear pathway lead~g to the neighharmg supermarket The terrace on ttie south side of the building shall connect to the ad~acent supermarket ~Sroperty to pra~ide adequate pedestrian access between the two buiid~ngs and propertses. Design feat~res are sub~ect to Arch~tect~ral Review Baard review and appro~al (b) The applicant shall consider havmg part of the pedestrian accessway that connects to the east-west access cantinue along the westside landscaped area and reference the main entrance to the residential buildmg, subject to Ar~hitecturai Review Boazd review and appravai. (c} The applicant shall wark with the Ciry Engineer regardmg the Claverf'ield Boulevard sidewalks, either wrth the addition of an easement that wauld allow mo~ing the sidewalk in from the street curb or allow the applicant to create additional pedestrian pathways along the east side of the property, subject to review and approval by the Arch~te~tural Review Board (d} The Arctutectural Review Board shall review a parallel path or parlcway on the east side of the property that would move the big trees away from the buildmgs toward Clvverfield Boulevard to allow far an unproved landscaped corridor and pedestrian use af the grounds (e) The westside pathway along the north-south corridor shall be of a piazza-l~lce d~s~gn, subject eo Architectural Review Board review and approval (~ The massing of the three carner elements of the bu~ldmg located at the Clover field Boulevard and Colorado Avenue ~ntersection (mcl~ding the four-story cyimder structure, the fifth floor balcony area, and the s~th floor glass roof feature} sha11 be examined by the Archrtectural Review Board to ensure compatability w~th the scale, massing, and materials of the ent~re bullding. (g) The open space area ad~acent to the mtersecuon of Colorado Avenue and Clover field Boulevard shall contam a pocket park which shall be sub~ect tv review and approval by the Arclutectural Re~iew Board. The fountam design included in this area shall engender a connection with the carner terrace so that the area as a whole 5 w~ -'.•~J becomes a more useabie space Design pians shall be sub~ect to Archztectural Re~iew Board review and approval 2 The applicant shall provide funding zn an amount not exceed ~75.000 €or the design and ~nstallation of updated mtersect~on si~nal equipment as part of the City's centralized computer signal control system for the mtersection vf 20th Street and Broadway Th~s w~ll mclude a new signal controller, new s~gnal poles, mast arms, signal head and mterconnect as determined appropriate by Ehe City's Traffic and Parking Engineer Notwithstandmg the fvregoing hawever, rhe applicant shall, in accordance wir.h the Development Agreement, be entitled to request preparation of add~tional environmental analyses, at the applicant's expense, to detern~ine whether a proposed development scenario which differs from a development scenario which was studied m the Environmentai Impact Reports prepared for the pro~ect would, m fact, create a slgnificant en~irflnmental unpact on ttus interseet~on when compared to the impact which would have heen created by the uses permitted in the Development A~reement and ident~fied in the Final EIR relat~ng to Amendment Number Two as the "existing De~elopment Agreement." If the appl~cant makes such a request and submits the necessary funds to pay for such addinonal envuonmental analyses, the City sl~all cause such additxonai environmental analyses to be prepared and circulated for public comrnent to the extent required under the Califomia Env~ronmental Quality Act If such additianal env~ronmental analyses are prepared, they shall he presented ~o the Plann~ng Commfssion for re~iew and the applicant shaIl be required to m~tigate thase signi~cant adverse en~ironmental unpacts, if any, wlvch the Pianrung Commission, or the Ciry Council on appeal, finds are pro~ected to result from such proposed development scenario which would not be projected to have resulted from the "exist~ng Development Agreement " In order to ensure the unprovements are cvmpleted, prior to buildmg permit issuance a cashier's check ar cash deposrt in escrow from the applicant in the amount flf $75,000 shall be required Any cvst savmgs will be reunbursed to developer upon completion of ~mprovements The Department of Envaronmental and Public Works Management may modify this conditivn in accordance wrth the standards set forth ~n Secuon 6-C af the Development Agreement regard~ng pro~ect phasing or Exhibic D of the Development Agreement regarding substitute 'vnpro~ements 3 Extenor walls and roofs sha11 be fuushed with hght-colored matenals wrth tugh emiss~~ity characteristics to reduce cooling laads Interior walls shall be finished with light-colored mater~als, except where dark colors are preferable for aesthetic effect, to reflect more l~ght and thus mcrease l~ghtin~ eff'iciency A performance check of the ~nstalled space condit~on~ng shall be cornpleted by the developerlu~staller prior to issuance of a certificate of occupancy to ensure that energy-effic~ency measures incorporated mto the pro~ect operate as designed Heat-reflect~~e draper~es or other cavering shall be ~nstalled an appropriate exposures Bu~it-m appliances, refrigerators and space-conditioiung equipment 6 v r ~ r ~ w shail exceed the mmunum efficiencv levels mandated m the California Cade of Regulations The applicant shall consult with the Southern Caltforma Edison Comgany and the Southern Caiiforma Gas Company regardmg any other feastble energy conservation measures that cauld be mcorporated mto the deslgn of the Pro~ect 4 The applicant shall comply with the applicable pro~~sions of Noise Ordlnance No 1b38 (CCS) of the Santa Momca Mumcipal Code and with the City of Santa Moruca Construction Hours Ordmance The applicant shall enter into a construction mitigation plan w~th the C~ty in accordance wrth custamary City policies 5 To mizum~ze excessxve light and glare, building exteriors shall ut~lize law reflectance materials Mirrored gtass and other h~g~ly reflecuve buildung matenals shall not be utiiized on the exterior of buildmgs All outdoor lightuig other than ~dentificat~on s~gnage shall be directed from the perimeter af the property toward buildings and park~ng areas utilizing cut-off fixtures t~ prevent mghttune iilummatian to spill onto ad~a~ent properties and residential uses on-site Exteriar building courts and corridvr illununating shall be designed to m~mmize intrusi~e glare on ad~acent land uses Low level security hghts shalI be used along dnveway entrances Plant materials, shade structures and other arch~tectural design features shall be used, where appropriate, to decrease refleetivity of hardscape and Iight and glare toward ad~acent land uses 6 The pro~ect sha11 comply wtth Ordinance 1505 (CCS), the Spruikler Ordinance, to eusure adequate fire prevention ~n non-residenttal structures 7 Attempts sha11 be made nQt to obstruct any of the surrounding streets during the construction per~od. A11 construct~on eqiupment and materta~s shall be kept on the pro3ect site to avoid obstruction of traffic circulation, especially dur~ng traffic peak hours As requ~red by the C~ry vf Santa Mon~ca Fire Department, access for fire equipment shall be mamtamed during construction 8 The applicant sha11 work with the Pol~ce and Fire Departments af the City on buildinglcamplex design to assist with emergency access to the site and on facility design in terms of "target harde~ung" agau~st cruninal activity far both residenhal and commercial design Entryways, elevatars, lobbies and parking areas shall be well-illuminated and deslgned with mintmum dead space to elimtnate areas of conceaiment 4 The Pro~ect shall comgly with the C~ty's No Water Waste Ordinance (No. 1527} and Ordtnance No 1513, to the extent such ordrnances are applicahle ta pro~ects of comparable type and srze Efficient irrigatian systems shall be u~stalled to mimmize n~noff and evaporat~on and maximize the proportion of water availabie far use by plant materia~s in landscaped areas Water conserving landscaping utilizing drip irrigation and appropriate mulchu~g to retain so~l moisture to the soil shall be t~sed in all common areas and encouraged elsewhere with~n the Pro~ect If available to the Pro~ect, reclauned water 7 ~~ ~ ~~ shall be utilized as a source to irr~gate large landscaped areas Draught-tolerant, iow water consummg plan rarieues shall be used on site to reduce irrigation water consumption None af the foregoui~ shall be applicable ta the extent that Pro~ect utilizes the exisiu~g water treatment plant lacated on the Prapert~~ to obta~ wa[er far irrigat~an The Department of Environn~ental and Public Works Mana~ement may modify tlus condiuon ~n accordance w~th the standards set forth zn Sect~on 6-C of the Develo~ment Agreement regarding pra~ect phasin~ or Exhibrt D of the Develapment Agreement regard~n~ substitute unpro~ements 10 Informauon shall be pro~~ded to res~dents and employees of the pro~ect by applicant about the recyclmg ser~ices in the area Buy back centers and possible markets for recyclables m the area shail be ~dent~fied Recycling glass, metal, paper, cardboard and other materials ta the maxunum extent feasible shall be s~ggested to residents and busmess Adequate space shall be pro~ided per current City speci~cations for on-s~te trash and recyclable col~ectionlseparat~on 11 Prior to issuance of a buil~~ng permit for the gro~ect, The applicant shall submit an analysis to the Czry's Department of Env~ronmental and Public Works Management demonstrating that the design of the proposed structure(s} will result in a ten percen~ energy e~ciency ~ncrease over the life oF the structure(s} above the requirements of T~tle 24 of the Califorrua Building Code, to the extent such increase can be implemented on a cost-effectrve basis rneasured over the life cycle of the structure(s} 12 Pr~or co the issuance o€ any demolit~on pernut wrth respect to develogment on the Property, the applicant shall file a demoliuon m~terials recyclmg plan for approval by the Department of Environmental and Publxc Works Management which seeks to maximize the reuse/recyclmg of exlsting bulldmg ~naterials Pnor ta the issuance of any buFlding permits with respect to development on the Property, a constr-zction materiais plan shall be filed far the approval of the Department af En~•:ronmental and PuL-lic Works Management which seeks to maxirn~ze the reuse/recycling of canstructzon waste, and to maxirnize the use of the recycled and environmentally superior building materials 13 The applzcant shall pay the City's applicable sewer connection fee sub~ect to the following requirerr~ents: a To the extent wastewater from floor area of new construct~on of the property is treated at an on-s~te sewage treatment systern and recirculated for use ~n landscaping, decorative water features andlor flushmg of toilets and urinals {m each case, whether on-srte or off-site}, the applicant shall pay a sewer connection fee of ten percent (1Q%) of the general~y applFCable sewer connecuon fee for such ffoor area prior to buildmg permit issuance 8 . , -~ ~ ~ b To the extent wasfewater from flflor area in new construction of the propert}~ ~s used for general comrnercia9 office is nat treated at an on-s~te sewage treatment system, The applicant shall pay the generally appl~cable sewer connection fee for such floar area plus twenty-fi~re cents ($ 25) per square foot of such floor area prior to building permit issuance The Department of En~ironmental and Public Works Management may modify this condition in accordance with the standards set forth in Section 6-C of the Development Agreement regarc~mg project phasing or Exhibzt D of the DeveIapment Agreement regarding st~bstitute unprovements 14 All drau~age from the praperty must drain to the one ar more of the public streets boundmg the property or directly into a p~blic storm drausage system ~n a manner approved by the Department of Environmental and Public Warks. No surface dramage may be discharged onto ahutting properties 15 Any item permitted by the Ciry's Zamng Code, as it rnay exist from tune to tune, to pra~ect intv any requ~red yard shall be permitted to pro~ect mto the required setbacks set forth m Sectaon 9(d) of the Development Agreement and the requ~red "Building Volume Envelope" standards of Section 9{e) af the Develapment Agreement All such pro~ections s~all be ~gnored in determi~ing compiiance with Sect~on 9(c) of the Development Agreement As of the date of this Second Amendment, those pernntted projections are set forth m Sect~on 9 44 10.01 180 of the Murucipal Code 16 The following standards shall apply to the design af aIl solar energy systems {a) Raof-mounted solar collectors shall be placed in the locat~on least visible from a public right-of-way without red~cing the operating effic~ency of the collectors. Wall-mounted and ground-mot~nted salar collectors shall be screened from public view (b) When feasible, collectors shall be integrated mta the design of the building. Structural support for the collectors shall be screened m a manner ttzat ~s compat~ble wrth the design of the bu~€dmg (c) Appurtenant ec~uipment, part~cularly plumbing and related fixtures, shall be i~stalled in an att~c or basement, where feas~ble (d} Large accessory fixtures wluch must 6e exposed {e g, storage tanks} shall be screened where possible through archrtectural features that harniomze wlth other des~gn elements of the structure ~ . i 2 .~ (e) Storage tanks shall not be located in any reguired front or s~de yards, nor shall they be visible from any public right-of-way ( fl Exterior surfaces shall ha~e a rnatte fmish and shall be color-coordinated to harmomze with roof materials or other dom~nant colors of ~he str~cture (g) Any pool or spa facilities shall be provided wrth a solar cover or solar water heating systecn 17 Miscellaneous Des~~n Reau~rements (a} E~ery use shall be so operated that any stg~uficant, direct glare u~cidental to the operation of the use shall not be vis~ble beyond the boundaries of the property (b) All signs on the premases shall comply wrth the pro~isions of Chapter 9 52 af the Ciry's Mumc~pal Code (c} All commerc~al ases shall be so operated as nvt to produce humidrty, heat, or co~d wh~ch 1s readily detectable by persons withont mstrurnents on ad~acent parcels or r~ghts-of-way. (d) All comrnerc~al uses shall be so operated that no toudspeakers, bells, gon~s, buzzers, or other naise attention or attract~ng devices exceed 45 decibels at any one tlrrie beyond the baundarfes of the propeny {e} No sales, rentals, lang-term storage, repair work, dismantluig, or ser~~c~ng af any motor vehicie, trailer, airplane, boat, ioose rubbish, garbage, junk, or the~r raceptacIes, or build~ng matenals sha11 be permittacl on the groperty (~} Builduig matenaIs far use on the praperty may be stored on the properry durmg the t~me that a valid building permit is m effect for construction on the property (g} No cornmercial use shall cause a steady-state earth-borne osc~llation wtuch is continuous and accurring more frequently than 100 times per minute The ground vibration caused by movmg vehicles, trains, a~rcraft, or temparary construct~on or demolition is exempted from these limxts 18 No pipelme shall be built, laid or maintained on the property For puiposes of tlus Section, "pipelme" mcludes all real estate, f~tures and personal grogerty owned, controlled, operated or managed ~n connection with or to facihtate the transmission, starage, distribution or delrvery of crude oil or oti~er fluid substance through pipelmes, nrovided. howe~er, that this S~ction does not apply to io .~ . 1 ~ -~~4 {1} Any pipeline used far the delivery af water ar the remaval af sewage {2} Any pipelme used for the delivery of natural gas {3) Any pipeline Iacated exclusively on the property and used m cannectian with any lawful activiry thereon 19_ Upon execution of the Devetopment Agreement, Property Owner's predecessor-in- interest paFd to the City the sum of $2,200,000 The City and Property Owner mutually agree that ttus sum constitutes an mitial advance payment by Property 4wner of the Housuig and Parks Fee and Affordable Housing Fee pursuant to Sections 12(a} and 12(c) of Amendment #2 Accordmgly, in caiculating the amount of Housing and Parks Fee and/or Affordable Housmg Fee to be paid under Secnon 12(a} and 12(c) Property Owner shall be entitled to a d~llar-for-dollar credit in the amount of such ad~ance payment 2Q The areas designated an the Zone Diagram as `Colorado/Twenneth Plaza' , `ColoradolCloverfield Plaza', and `Olympic/Cloverfield Gateway' shall be develaped and used for public v~ewshed purposes (the `Open Space'). The Open Space shall cansist of azi aggregate of at teast 40,000 square feet Of this 40,IX10 square feet, the ColoradolClove~e~d Ptaza shall have a muumum of 3,000 square feet of Dpen Space. The apphcant shall caoperate w~th all surro~nding property owners to develop a un~farm landscape a~d streetscape glan. The Open 5pace shall at all times remain the praperty af the Properry Owner and shall be maintamed by Property Owner at xts sale cost a~ expense. A site plan demonstrat~ng compliance shall be a condit~on of Architectural Review Board approval and required prior to issuance of builci~ng permit O~ympiclCln~e~eld gateway has been landscape in accordar~ce with Develo~~ent Agreement E~ibit D Praof of compliance with the obligat~vn to coordinate with other property owners re umforn~ landscape/streetscape, is required prior to issuance of building perm~ts. 21 The Development Agreernent requ~res that the Property Owner pledge at least $254,000 to the Santa Monica Arts Foundat~on (the "Foundation") for the acqu~sition of artwark to be placed in the public areas of the Pro~ect, an Art Selection Cammfttee be farmed consisting vf reprESentatives of Property Own~r, the Santa Monica Arts Commission {the "Commission") and the Foundatian; and within one year followu~g the date of the Developmen~ Agreement approval, the Art Select~on Committee, with the appro~al af Property Owner, establish a plan consisting of general guidelmes fvr rhe type, s~e, cost and location for various artworks around the Pro~ect To satisfy this requlrement, $74,SOa has been paid w~th a balance due of $175,SOQ. The value of the fountam at ~lympic and Claverfieid (Ralph's) shall be calcutated and subtracted from the balance due In order to ensure compliance w}th this requirement, a castuer's check vr cash depos~t m escrow from the applicant for any balance due shall 11 ~~~ # ~~ be required prior to building permit issuance In addition, establishment of Arts Selection Committee to be a condition of all pro~ects Compliance required ~efare issuance of bufldmg perrnit 22 The pro~ect shall comply with all pravisions of Calrforrua Title 24 Energy Regulations and shall u~clude energy efficient appliances, as well as a mmunurn of the followmg features (a} Ener~v Management Svstem AIl air condrtioning and other mecharucal equipment and mators will be started and stopped from the system console and water and air t~mperatures can be remotely reset The foregoing, in con~unct~on with remote sensing of outside and ins;de conditions, will permit system operatian refinements resulting in energy optimization, and will prevent unnecessary energy consumptzon during bus~ess and non-busmess hours This system will also be used to control the use of lightmg (b) Air Conditionm~ An econom~zer or "free cooling" cycie will be used which will enable the use of outdoar a~r rather than mechamcally refrigerated air whenever outside temperature pernuts Variable ~olume au distr~bution systems w~l a11ow au supply quantxties to be reduced as cooling loads decrease result~ng ~ reduced fan power co~sumpt~on at reduced loads A~r supply to periodically unoccupieci areas, such as conference rooms, can be munmized. Low pressure air distribution systerns will be uulized to ~ninunize fan horsepower Coid plenum temperature at au condrtiamng um~s will be reset automatically to a hagher temperature (when air cand~tions warrant) with resultant energy savuigs (c} ~. H~gh e~ciency florescent lamp/batlast systems will rnirumize energy consumptton. Malcimum provisions far loeal lcght swrtching wxll be prov~ded to pernut use of l~ghtu~g oniy when space is occupied Photo cell contral of lightuig in areas where natural ~llumination eould suffice w~ll be prov~ded Exterior and certam aperational lightmg will be controlled from the energy management system to optirruze operation and minim~~.e energy consumption Where decor ar funct~o~ dictate the use of mcandescent or tungsten halide l~ghting, extensive control equigment will be pro~ided to optimize operation and increase lamp life. {d) Other Ener~ Considerarions H~gh eff c~ency roof anc~ wail u~sulation as well as heat absorbing glass will be utilized to reduce caolmg and heatmg loads All air supply ducts «lI be msulated to reduce energy losses to non air con~tioned spaces Hot ~~ater pipm~ and storage tanks will be fully ~nsulated. A11 toFlet fixtures shall be"law flow" Sun shading of windaw~s w711 be incarporated ~~~here apprapnate to further reduce atr condrtioning requtrements I2 :~ .. ~ 2 ~ ~ Specific conditions regarding energ~- conser~.~ation requirernents from the Amendment to the Development Agreement have been ~ncorporated into the propased Conditions of Approval for this pro~ect (e) Ad~ustment for Substitute Technolo~s~ {i) The applicant shall be entitled to subst~tute other ener~~ management measures in the pra~ect for those descr~bed abo~e upon submission of an application to the Crt~~ Biulding and 5afety Division demonstrating to the Department~s reasonable sansfaction that said substrtution is at least as energy efficient as the measure rt is propased to replace (ii) The applicant's apphcation shall state the specific substa~tian being proposed ant~ attach such pians, specificat~ons and supporting matenals as may be reasanabl~ required by the Cit4• Building and Safety Division to demo~strate the appropnateness of the substitution 23 Colorado Avenue shall be w~dened bv 1Q feet on the sontherlv side to create twa through tr~c lanes eastbound and w~estbaund an Calorado Avenue between 24th Street and Cloverfield Boulevard and one cont~nuous left-tum lane in the middle af the street Construction shail include (a) new curb and gutter (b) all new 8-foot wide s~dev~-alks (c) S-inches of concrete pa~ement in the street widened portion (d) 20-foot radius curb returns at the 20tH and Cloverf'ield in~ersect~an (e) relocation of existm~ traffic signals and utihties {~} handicapped ramps {g) corner cut-off easemen#s for a four-foot clearance at the rear of each ramp (h) ~f left turns are prohibited by westbound traffic on Colorado, into tl~e easternmost Access Point on Colorado, a median m the conhnuous left turn lane sufficientiy long in Crty's judgement to discourage such turns shall be prov~ded if such med~an is required, Property Owner may; at its o~i~n expense and wrth #he prior approval of the City's Department of Envuonmental and Public Works Management as to the number, lacation and design, piace one or rnore directional signs on the median ta assist traffic Such sign or signs shall be subject to approval by the City's Department of Enti~ironmental and Public Works Management as to the number, locat~on and design shall comply with all applicable Crty ardinances Construction will also include reconstruction ~f a portion of the eastbound fast lane ~~~th 11 ii~~hes of AC pavement and AC o~~erlay af the street i~y heat re-mix me~ad to the center line, recpnstruct~on af existing storm drain laterals and re-stripmg af the street Praperty Owner 13 .~ .. ~ ~ r shall grant an~- easement tivhich may be necessary relat~n~ to the «~idened street and the s~de«~alk An addit~onal right-turn lane at the eastbound approach to the Colorado ~venue and Ctoverfield intersection shall be pro~~ided This Iane shall be at least 200 feet m length meas~red from the pomt w~here the 20 foot rad~us curb return begins on Colorada to the point ~~~here such r~ght turn lane be~ins and u~ill be added to the lane referred to in Item'_~o 2 Propert~• Owner shall grant an~- necessary easement for this additional lane and the related S-foot sidewalk In order to ensttre these ~~nprovements are completed a performance bond from the applicant in an amount to be deternuned by the En~-ironmental and Public VVorks Mana~ement Department shall be required befare issuance of next building permrt for the overall s~te Complet~on of the improvements is required before ~ssuance of certificate of occupanc~: for any development on the srte The Department of Envuonmental and Public Works Management may modify this condition in accordance with the standards set €orth in Section b-C of the Development Agreement regard~g pro~ect phas~ng or Extub~t D of the De~elopment Agzeement regarding substitute unpro~ements 24 Three full lanes for southbound traffic on Cloverfield Boulevard between Colorado Avenue and Olympic Boutevard shall be created by w~derur-g Clove~eld Boulevazd 9- 1/2 ~eet on the westerlv side Constructton is to include (a) all new 8-foat wide sidev~~alks, curb and gutter (b) an 8-ir~c~ thick P C C widened section and ~'.:i.~~ seal of Cloverfield Boulevard for the remaming w7dth (c) construction of a 20-foat radius at Cloverfieid and ~lympic Boulevards v+.7th new hanc~icapped ramp {d) relocating ex~sting traffic signals and utilities at the intersection In order to ensure that these improvements are campleted a performance band from the applicant m an amount to be determin~d by the Environmental and Fublic Warks Mana~ement Department shall be required before issuance of the next building permit far the overall site Completion of these improvements is requtred before issuance of certifica#e of occupancy for any~ development on the srte 14 a ~; ~ ry G fj Note in-lieu of abo~~e, Citv offers to accept pa~~ment as substitute ~mprayements, per the last para~raph of E~hibit D of the De~~elopment ~greement The amount of payrrient shall be determmed based on publ~c bidding process Agreement shall be in place prior to ~ssuance of neYt building permit The Department of Env~ror~mental and Pnblic Works Managemenr may mod~fy th~s condiuon in accordance with the standards set forth in Sectian b-C of the De~elopment Agreement regard~ng pro~ect phasmg or Extubrt D of the De~elapment Agreement regard~ng subst~tute unprovements 25 The traffic signal standards, conduits. signal heads and controllers for the ~ntersections of Cloverfield w-~th Calorado and Olympic shall be modernized The applicarit shall be respansible far only one half of the cost In order to ensure these impro~er~ents are coFnpleted, a eashier's check ar cash deposit in escrow from the appl~cant ~n an amount to be determined by the Plannmg and Gomrnunrt~ Development Departnient s~all be required pr~or to next building permrt issuance for the overall srte Exact fees ta be calculated based on public biddtng process. An~ cost savings u~[1 be reimbursed to developer upon complenon of unprovements 26 Qn dlympic Boulevard, a conventional curb and an 18-meh ~~~de P C C gutter from the intersection of CIoverf'ield and O~ympic to a point 210 feet ~tiesterly from such mtersection and a con~entional ~urb and 30-inch rvide P C C gutter from a point 210 feet westerly of the intersection of 4lympic and Cloverfield to a point in the easterly boundary of ~he railroad nght-of-way descnbed in Parcel6 where it intersects OlyEnpic shall be constructed A sidewalk easement at the bus stop area to all for a 1 fl-foot parkway and sidewalk area fram the curb face shall be pro~ ided A new sidewalk at the railroad on Olympic cross~ng over Parcel6 shall be constructed These impro~~emerzts shall be completed by December 31, 1998 or prior to issuance of cert~ficate of occupat~cy for this pro~ect The Departtnent vf Environmental and Public Works Management may modify this condition in accordance w~th the standards set forth in Sectian 6-C of the Develapment Agreement regardmg pro~eet phasing or Exhibit D of the Development Agreement regarding substitute nnprovements 27 New street sections (8-inch P C C) or ri~ht-turn pockets (1 SO feet xn length} at each ma~or driveway to the Pro~ect w~th all necessary sidewalk easements shall be provided Campletion required pnor to issuance of a certificate of occupanci The Departrnent of Environmental a~d Public Works Management may madzfy this condiuon m accorctance wuh the standards set forth in Section 6-C of the Deveioprnent Agreement regardmg pro~ect phasing or Exlubit D af the Development Agreement regardxng subst~tute impravements 15 .,„ fa~ _' ~ V 28 A hti-drology study for the srte and ad~acent streets in accordance ti~th En~~ironmental and Public Worics Management Department guidelines shall be submitted prior to building permit issuance Any work to be performed as a result af this study will be limited to that dsrect~y related to impacts of the Pro~ect on dramage ~n the area The Department of En~ironmental and Public Works Management may modify this condit~on m accordance with the standards set forth ~n Section b-C of the Developrnent Agreement regarding pro~ect ghasuig or Exlubit D af the Development Agreement regarding substitute unpro~ements 29 H~gh pressure sodium street hghtmg on the south side of Colorado Avenue frorn 20th Street ta Claverfield, on the west side of Cloverfield from Colorado to Olympic, and on the north side of Olympic frorn Clo~erfield to the east side af the railroad r~ght-of- way described in Parcel 6 to the interseeting of 20th Street and Colorado shall be designed and constructed Lighting design shall be consFStent with Colorado Place Phase I and Phase II under Agreement frorn Street Lightmg Installauon and Maintenance between Colorado Place Lunlted and the City of Santa Monica dated May 3i, 1983 Compietion of that portron ad~acent to che project shall be completed prior to certificate of occupancy In-lieu of design and construction of these ~mprovernents, the City offers to accept payment for the port~on on Cloverfield adjacent to the Pro~ect. Constr~ct~on or payment shall be determmed prior to build~ng permit issnance The amount of payment shall be detern~ined based on public biddfng process. The Department af Environmenta~ and Pub~ic Works Management may modcfy ttus condition in accardance with the standards set forth in Sect~on 6-C of the Development Agreement regardmg pro~ect phas~ng or Ea~Iubit D of the Development Agreement regarding subst~tute unprovements 30 Street uees shall be provided and installed at the following locauons {a) 20th Street from the nartherly boundary of ttie railroad right-of-way described in Parcel 6 to Colarado A~enue {Sony} (b) Colorado from 20th Street ta Cloverfield (Sony, Conrtyard, Lincoln and Gateway} {c) Clove~eld from Colarada to Olympic (Gateway and Ralph's} (d} Olyrnp~c frorn Clo~e~eld ta the easterly boundary of the railroad right-vf-way described ~n Parcel 6 (Ratph's j Type, spacing and planung specifications shall be approved by the Architectural Review Board and sub~ect to the re~iew and appraval of the Duector of Commumty 16 ~. ~ ~U and Cultural Serv~ces Installation for that gartion adjacent to the Pro~}ect shall be completed pr~or to certificate of occupancy In-lieu of provision and uistallation of street trees. the City affers to accept payment for t{ie port~on on Cloverfield ad~acent to the Pro~e~t as substitute xmprovements, per the last paragraph of Exlubit D of the Development Agreernent Cons~ruction or payment shall be determmed prior to bu~lding permit issuance The amount to be determmed based on publ~c brddmg process The Depaz~tncient of Enviran~nental and Public Works Management may modify this condition in accordance with the standards s~t forth in Sectian 6-C of the Develapment Agreement regardmg pro~ect phasuig or E~ubit D of the Develop~nent Agreement regardmg substitute unpro~ements 31 When required by the Engmeerir~g Dz~ision, shoring plans, shail he submitted for re~iew and appro~al prior to building permrt issuance The fee far tiebacks in the public right-of-way of $1S0 per tieback or soldxer beam encroaching an the street right-of-way shall be paid prjoF to buflding perm~t lssuance. The Department of Environmental and Puhlic Works Management may modify this condition in accordance with the standards set forth m Section 6-C of the Development Agreement regarduig project phasing or Exhibit D of the Devetopment Agreement regardrng substitute unprovements 32 in-lieu of the water connection fees for both domestic and f~re pratection services, the appltcant shal] ~stall a 14-inch water line from 19th Street to Clove~eld on Qlymp2c and a 12-uich water Iuie on 20th Street between Colorado and Oly~mp~c. These water lines w~ll provide the required fire service far the Project Instailation will include f~re hydrants as requ~red by the Fire Department, a 12 x 12 tee on Colorado at 20th Street and a 14 x 12 cross on Clove~eld at Olyrnpic with a tie-m of the existmg lines on ~lympic to the new lines Work to be done Fn accordance with Santa Mon~ca standards. Because the new water lines to be installed will benefit propert~es other than the Real Property, the Ciry w~ll reunburse the applicant for a pro zata partion of tt~e cost of such xnstallation, which reimbursement sha11 not be required unt~l City collects appropriate fees from subsequent de~elopments on Real Property benefitting from such u~stailation Design plans must be approved by the City, and that portion of the 14-inch water mam which crasses Cloverfield, must be installed prior ta January, 1998 The remamder of line must be uistalled privr to issuance of bulldmg permit The Deparnnent of Environmental and Public Works Management may modify this condition in accordance with the standards set forth in Section 6-C vf the 17 :~" ~ 131 Development Agreement regarding pro~ect p~iasmg or E~ubit D of the Development Agreement regardmg substitute improvements 33 Any future request for the on-site sale and consumption of alcohol~c be~erages shall require the approval of a Condrtional Use Permit pursuant to Section 21 of Development Agreement Afnendment #2 34 All new construction shall be de~elo~ed in compliance with the pror~isions of Santa Mon~ca Municipal Code Chapters 7~0 and S 04 and any other construction related technical codes adopted by the Gity and generally applicable to similar pro~ects developed ~n the City {"Techrucal Codes"} which are m effect at the tune of ~ssuance of a bu~ldmg permtt for such new construction 35 All mechanical equipment that extends more than 12-mches above the roof parapet shall be screened from v~ew Equipinent shalI be scre~ned frarn a horizontal plane on all sides with an ~ngact resastant wall 36 The fallowing uses shall be permitted outs;de of an enclosed building on the property (1} Patio tables, chairs, umbrellas, and similar outdoor accessor~es used in connectiox~ w~th a restaurant (2} Vendmg machmes, including weighing scales, when accessory to a t~usuiess conducted wfthin a bu~lding {3) Border mater~als, flower pots, trellises and the l~lce (4} Outdoar newsstands 37 Fences, walls or opaque hedges shall not exceed farty-two inches in height when located ~n the requ~red setback area unless appro~ed by the Plaiuung Commission Fence, wall or hedge height sha1I be rneasured from the exfsting grade In all cases, the fence, wall or hedge hexght shall be measured ~n a contmuum at each poxnt along the fence, wa11 ar hedge Nothmg in this Condition shall restrict the use of plant materials, arbars, t~ellises or othez landscaping m the required setback area so long (1} as any hedges ~n excess of forty-two mches height are not opaque, and (2} no fence, wall or hedge, tree, plantuig or other obstructian abscures or blocks the vislbil~ty of drivers of automobiles entering or exiting any drlveway, parking lot or other vehicle accessway or const~tutes an unreasonable and unnecessary hazard to gersons ~awfully using an adjacent sidewalk, street ar other right-of-way 38 One or more refuse contamers and recycling contamers shall be rnaintamed on the premzses The contazners shall be of sufficient capaciry and number to accommodate the refuse and recychng materials generated by the uses on the parcel, in compliance with guidelines estabiished by the Env~ronmental and Public Works Management Department All outdoor storage ar refuse, recyclable materiais and other items or mater~al uitended to be discarded or coilected shall be screened from public ~iew ~n 18 ~ }~ parcels where refuse and recyclable materiais are both stored and collected ad~acent to public ra;;ht-of-way, the refuse and recyclable materrals shall be screened frorn pub~ac v~ew on a ieast three srdes i~y a salid opaque Yrnpact-resistant waii nat less than five feet or more than eight feet in height, and on the fourth side by a solid opaque impact-resjstant gate not iess than five feet or more than eight feet in height, or of ather such material or des~gn appro~ed by the Archztec[ural Rev~ew Board The gate shall be maintamed m work~ng order and shall remaln closed except during such tunes a refuse, recyclable matenals and otiier such rtems are bemg d~scarded, placed for collection, ar collect~d All refuse and recyclable materials which are stored and collected from the same location out of doors shall be stored not more than ten feet form the property ~me which ~s closest to the refuse collection point 39 The Prv~ect shaIl mclude a refuse and recycimg room or out door enclosure which complies with all the requirements of the CS zone The Director of tl~e En~ironmental and Public Works Managernent Department shall require the design and placement of a refuse and recyclmg room or outdoor enclosure ta prflvide adequate and accessible areas for the storage and collection of refuse and recyclable materials 40 In any ~w restaurant on the Property an a~r filtration and ventilation system shall be provided 41 The Pro~ect, ~ncluding all Open Spacs shall be accessible to handicapped persons . 42 The applicant shall be required to abtaln Architectural Review Board apgroval pnor to issuance of a building pernut Arclutectural Review $oard re~~ew shall be lirruted to the scope of reviewed allowed m the Mumcipal Code and shall be sub~ect to the deveiopment rights granted to the Property Owner pursuant to the Development Agreement 43 Civil Engineering plans shall be prepared tv City standards for all off-site improvements and suhmitted to the Office of the City Engineer for review and approval. The Department of Environmentai and Public Works Management may modify this condation in accordance with the standards set forth m Section b-C af the De~elopment Agreement regard~ng pro~ect phasing or Exhibrt D of the Development Agreement regard~ng subsutute unprovements 44 The applicant shall uistal~ a sewage regulating tank, if reasonably deemed necessary by the Enviranmental and Public Works Management Department based upan availat~le sewage capacity and other unprov~ments of sufficient size for the Pro~ect The Env~r~nmental and Public Works Management Departcnern and the apphcant may I9 ~ ~ ~~ agree upon subsEitute improvements for any of the foregoing which are designed to improve traffic, utility or dratnage condrtians related to the Pro~ect so long as th~ tatal cost of such substitute tmpro~ements daes not exceed tlte total estunated cost of the deleted requirements, computad on the date upon wh~ch a contract is entered rnto for the substitute improvements The Department of En~v~ronmental and Public Works Management may mvdify this condinon ~n accordance with the standards set forth ~n Sect~on 6-C of the Deveivpment Agreement regarding project phasuig or E~bit D of the Development Agreement regard~ng substitute improvements 45 Contam~nated soil on Parcel 1 shall be removed and d~spvsed of in accordance with all applicable laws, arduzances and regulatians of Grty and the State of Califorrua prior to issuance of a bu~Iding germrt for any buiiding to be b~ilt on Parcel 1 4b Dunng construction equrpment engines shall be kept m proper tune to reduce e~aust ernissions Such equ~pment shall not be operated dunng first or second stage smog alerts. The appltcant shali use reasonable and typical watering techn~ques to reduce fug~tive dust duru~g construction 47 The applzcanE shali operate, contract for, or otherwise pro~tcle pri~ate security ser~ices for the Project, mcludmg the parking garage 48 Autornat~c sprinklers shall be set to water landscaping durmg ev~nuig and early moriung hours only to reduce excess~ve water requirements due to water loss by evagoratian The applicant shall be permrtted to tncorporate water features ~nto the Pra~ect so long as the applicant demonstrates to the satisfact~on of the En~uonmental and Public Works Management Deparnnent that the water loss from any such feature is not excessi~+e. 49. To the extent feasible, the applicant shall maintain a staguig area on the Real Property for use by construction vehicles and w~ll design traffic patterns for construction ~ehicles, both on-and-off-site, in arder to mmimize impact of constructinn acti~+it~es on ad~acent streets The applicant shall cooperate w~th the City's Envuonmental and Public Works Management Department m order to develop ather ~rnutually accepcable means for muumizmg unpact 50 The applicant shall not discriminate against any emplvyee or applicant for employment on the basls af race, religion or creed, sex, marrtal status, national origm, sexual onentaUon or physxcal handicap and shail cause a sunilar provision to be u~serted ui any contract for work entered into by the appllcant related to the Pro~ect other than purchase orders for standard commercial supplies, mater~als or other goods 20 ,., ?.~~ Sub~ect to the provisions noted above. the applicant w~ll develap and submit to the City for approval prior to the commencement of canstrucnon of the Pro~ect a suitable affrmative action program for t~e hirmg of la~or and the obtam~ng of materials during construction relating to emplayment, upgradmg, dernotion or transfer, recruitment or recru~tment ad~ert~s~ng, lay~-aff or termination, rates of pay or other f~rms of compensation and selection for tra~rung, including apprenticeship Any such plan shall recogmze the necessitv of compltance with standard uruon hirmg practices and shall not establish quotas af any kind The applicant sha11 ~n a11 solicitatlans or adveriisements for empIoyees placed by or on behalf of Property Owner, state thac all quahfied applicants will receive conslderation far emgloyment without regard to race, reiig~on or creed, sex, marital status, natianal ongin, sexual orientation ar physical handicap 51 This approval is for those plans dated May 23, 1997, a cvpy of which shall be ma~ntained in the files of the Cily Planrung Di~is~on Pro~ect development shall be consistent with such plans, except as otherwise sgecified in these conditions of approval 52 This determuiauon shall not become effectrve for a period of fourteen days from the date of deternunation or, if appealed, until a final deterrcunation is made on the appeal Any appeal must be anade in the form requued by the Zonmg Adm~n~strator The appro~al of this permit shall exp~re i8 months from the permrt's effecc~ve date, unless, in the case of new development, a buildmg permit has been obtained prior to the exp~ration of ttus approval m order to exercise the r~ghts granted by th~s approval This perm~t shall alsa expire if the building pernut exp~res or if the rights granted under tY~is approval are not exercrsed withui one year following the eariiest to occur of the following issuance of a Certificate of Occuparicy or, if not Cert~ficate of Occupancy is required, the last requ~red final mspeccion for the new construct~on One silc month extens~on of the 18 month period may be pernutted ~f approved by the Duector af Plannuig Applicant is on natice tha~ tune extensions rny not be granted if develapment standards relevant to the pra~ect have become res~rictive su~ce project appraval VOTE Ayes Breisch, Bradle~T, Gruber, Maench, Parlee. Weremiulc, Zinner ~~rays Abstuan Absent 21 ~ ~ 3 :; NOTICE If thts ~s a final decision not subject to further appeal under the Cit~~ of Sarnta 1Vloruca Ca~nprehensive Land L se and Zomng Ord~nance, the time within w•hich ~udicial revtetiv of this decision r~ust be sought is governed hy Code of Ci~il Procec~~re Section 1094 6. which provision has been adopted by the Grt~~ pursuant to 11~1uruc1pal Code Section 1 16 O10 I herebS certify that this Statement af Ofticial Action accurately reflects the final determinatia~ of the Planning Cammission af the City vf Santa Mo~ic~. ~ ~ /~-5-~-~ ig~I e C1 date John S Zu~ner. Chaimerson I hereby agree to the above conditions of appro~al and acknowledge that failure ta comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Trtle F 1PLANISHARE~PCIST4A5'~DR97005 #3 22 .~ f3E ATTACHMENT G . ; f ~ ..~ ~ ~ i7 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: A public hearrng will be held by the City Council on the following request Appeal 97-~~7 of Plann~ng Cornm~ss~on appraval of De~elopment Rev~ew Permit 97-Oa~ for a portion of Phase II I of Colorado Place (The Arboreturn} consisting of a 191,OOQ square foot, six-story offce building abo~e a three-level, 625 space subterranean parking garage APPLICANT: Arboretum De~elapment Partners APPELLANT: Santa Monica Police Officer's Assoc~ation WHEN: Tuesday, No~ember 25, 1997 TIME: 6 30 p rn WHERE: Council Chambers Roam 213 188~ Main Street Santa Monica, Galifarnia HOW T~ C~MMENT You may comment at the City Caunc~~ public hearing, or by writing a letter Written information recei~ed before 3 00 p m on the Wednesday before the heanng will be given to the Gity Counc~l in their packet Informat~on recei~ed after #hat time will be gi~en to the City Council prior to tf~e meeting Address your letters to City Clerk 1685 Main Street, Room 102 Santa Manica, CA 90401 MORE INFORMATION If you would like rnore m#ormation about this pro~ect, please call Associate Planner ponna Jerex at (31 D} 458-8585 Santa Monica Bus Lines #1, #2, #3, #7 and #8 ser~e City Hall The mee#~ng facilify is hand~capped accessible If you ha~e any special needs such as sign language interpreting, please contact the Office of the Disabled at (310) 458-8701 Pursuant to California Go~ernmer~t Code Sectian 6~009(b}, if fh~s matter is subsequently challenged ~r~ Court, the challenge may be limited to only thos~ issues raised at the Public Hearmg described m th~s notice, or in written corresponde~ce delivered to the City of Santa Mon~ca at, or prior to, #he Pubf~c Hearing ESPANQL 1 '] ~ EI Conc~lio Muniapal de la ciudad de Santa Monica tendra una audencia pubiica para revisar applicacion~s proponiendo desa~rollo en Santa Monica Par~ mas informacion, liame a Carmen Gut~errez al numero (310) 458-8341 APPROVED AS T~ F~RM !s! Karen Ginsber~ KAREN GINSBERG Plann~ng Manager F IPLANISHAREICOLINCILINOTICESIGATEWAY APP 1 ~ ^+ isnvin i rn:i;i ti i i~i~tii i:~i nin niiu~Hti I l IfvF (~A1 I Wi11 tinnin nirn~ ti