SR-05-27-2008-7A~~r
~;L.o, City Council Report
Santa Moniea
City Council Meeting: May 27 , 2008 t/~~
Agenda Item: ~-7-f
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Second Reading of an Ordinance Amending the Zoning Ordinance and
____ Approving the Development Agreement with Related/Santa Monica Village
LLC, Allowing for a Mixed Use Housing Project in the Civic Center District
Recommended Action
Staff recommends that the City Council adopt the attached ordinance.
Executive Summary
A# its meeting on May 13, 2008, the City Council introduced for first reading an
ordinance amending sections 9.04.08.32.010 and 9.04.08.32.020 of the Santa Monica
Municipal Code to allow mixed use housing and neighborhjood serving uses in the Civic
Center District and approving the Development Agreement between the City and
Related/Santa Monica Village, LLC, for the mixed use project known as the Village at
Santa Monica. The ordinance is now presented to the City Council for adoption.
Prepared by: Marsha Jones Moutrie, City Attorney
roved:
a p
Marshy Jones°M" `"trie
City A~torn~y
__~
Forwarded to Council:
Recording Requested B~
City of Santa Monica
When Recorded Mail To
City of Santa Monica
City Planning Division
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Senior Land Use Attorney
Space Above Line For Recorders Use
No Recording Fee Required
California Government Code Section 27383
DEVELOPMENT AGREEMENT
BYAND BETWEEN
CITY OF SANTA MONICA
RELATED/SANTA MONICA VILLAGE, LLC
FOR
THE VILLAGE AT SANTA MONICA
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RECITALS
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Article 1 DEFINITIONS ...........................................................:........................... .......6
Article 2 THE PROJECT ..................................................................................:.. .....12
Article 3 DEVELOPMENT OF-THE PROJECT ..........................................:........ .....21
Article 4 CONSTRUCTION ............................................:.................................... :....25
Article 5 PROJECT FEES, EXACTIONS, MITIGATION MEASURES
CONDITIONS AND PUBLIC BENEFITS ............::................................ .....26
Article 6 EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS..... .....27
Article 7 CITY TECHNICAL PERMITS ............................................................... .....30
Article 8 AMENDMENT AND MODIFICATION ..............:........:........................... .....31
Article 9 TERM .........................................:.......................................................... .....32
Article 10 REVIEW OF COMPLIANCE ..........................:..:................................... .....32
Article 11 DEFAULT ....................................................:.......................................:. .....33
Article 12 MORTGAGEES ...............................................:.......:........................:... .....37
Article 13 TRANSFERS AND ASSIGNMENTS ................'..................................... ..:..39
Article 14 INDEMNITY TO CITY .....................................:........:............................ .....39
Article 15 ADDITIONAL AGREEMENTS ....................................:.:....................... ..:..40
Article 16 GENERAL PROVISIONS :...:..................................................... .....40
Exhibits
Exhibit "A" Legal Description of Project Land
Exhibit "B" Tentative Tract Maps
Exhibit "C" Conditions of Approval and Environmental Mitigation Measures
Exhibit "D" Mitigation Monitoring Program
Exhibit "E" Construction Permit Fee Schedule
Exhibit "F" Infrastructure Improvements
Exhibit "F-1" Infrastructure Improvement Diagrams
Exhibit "G" Existing Regulations
Exhibit "H" Easements
Exhibit "I" ,Palisades Garden Walk
Exhibit "J" Assignment and Assumption Agreement
Exhibit "K" Income/Rent. Limits for Affordable Dwelling Units on Site B
Exhibit "L" Project Plans
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DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement"), dated for reference purposes
2008, is entered into by and between Related/Santa Monica Village,
LLC, a California limited liability company ("Developer"), and the City of Santa Monica,
a municipal corporation organized and existing pursuant to the laws of the State of
California and the Charter of the City of Santa Monica (the "C~"), with reference to the
following facts (capitalized terms used but not defined in the Recitals shall have the
meanings provided in Article 1):
RECITALS
A. In 1993, the City Council (a) amended the Land Use Element of its then-
current General Plan to provide that land uses and development intensities in the
area bounded by Fourth Street, Pico Boulevard, Ocean Avenue and the Freeway (the
"Civic Center") were to be determined by policies contained in the Civic Center
Specific Plan, and (b) adopted a Civic Center Specific Plan (the "1993 CCSP").
B. In April 2000, the Redevelopment Agency of the City of Santa Monica
(the "Redevelopment Agency'") purchased 11.3 acres of land in the Civic Center
from The Rand Corporation, a California corporation ("RAND"), which includes the
land which is the subject of this Agreement and is more particularly described in
Exhibit "A" attached hereto (the "Project Land").
C. In January 2001, the City embarked on a comprehensive update to the
1993 CCSP and; in April 2002, the City Council initiated the update to the 1993 CCSP
(Updated CCSP"), which .included a housing component to be developed on that
portion of the Project Land described as "The Village Special Use District."
D. In 2003, the City began preparation of the Environmental Impact Report
for the Updated CCSP under the California Environmental Quality Act (California Public
Resources Code Sections 21000 et seq., herein referred to as "CEQA") and published
SCH NO. 2003011074 (the "Draft EIR"). The Draft EIR analyzed various potential
environmental impacts of the Project and. was released for public comment on June 4,
2004. The final version of the EIR (the "Final EIR") was issued in October 2004.
E. On April 1, 2004, the Redevelopment Agency issued a Request for.
Qualifications ("RFQ"), to solicit prospective developer-design teams interested in the
development of the Project Land. Sixteen responses to the RFQ were received and
evaluated by a committee comprised of representatives from the Departments of
Planning and Community Development, Finance, Resource Management, Community
and Cultural Services, and Environmental and Public Works Management, and the City
Manager and City Attorney's. offices. The committee ranked three developer-design
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teams as the top choices, including the Developer. The three selected teams advanced
to the Request for Proposals ("RFP") stage of the selection process.
F. On June 28, 2005, the City Council adopted the Updated CCSP (as
adopted, the "2005 CCSP") and certified the Final EIR (as certified, the "EIR"). The
2005 CCSP reserves the Project Land for housing. as "an important objective in
addressing citywide affordable housing needs, and in transforming the Civic Center
from asingle-purpose district into a vibrant mixed-use neighborhood with daytime and
evening activity.."
G. On January 10, 2006, the City Council approved selection of the
Developer as the developer for the Village Special Use District component of the 2005
CCSP.
H. Developer has proposed development on the Project Land of a mixed-use
project to be known as the "Village at Santa Monica" which, generally, includes the
following elements (the "Proiect"), as more particularly shown on the Project Plans
attached hereto as Exhibit "L" (the "Proiect Plans"), in a manner designed to promote
the goals, objectives and policies of the 2005 CCSP and the Redevelopment Plan for
the Earthquake Recovery Redevelopment Project adopted by the Redevelopment
Agency (the "Redevelopment Plan"):
(1) Up to 325 new residential dwelling units, including 160 affordable
units and live/work units suitable for artists;
(2) Up to 20,000 square feet of neighborhood and visitor-serving
commercial uses, including retail and restaurant uses and up to 3,000 square feet of
outdoor seating area for restaurant use; and
(3) Open space as reflected on the Project Plans;
(4) Infrastructure improvements and other public benefits
L Pursuant to California Government Code Sections 65864 et seq. and
Chapter 9.48 of the Santa Monica Municipal Code (collectively, the "Development
Agreement Statutes"), the City is authorized to enter into binding development
agreements with persons or entities having a legal or equitable interest in real property
for the development of such real property.
J. At a joint meeting duly held on August 14, 2007, the Redevelopment
Agency conceptually approved the design concept plan for the Project, authorized the
negotiation of a Disposition and Development Agreement and related documents
between the Redevelopment Agency and Developer. The City Council authorized
Developer to apply to the City for a Development Agreement and related entitlements
and discrete .amendments to the 2005 CCSP, and authorized the negotiation of a
Development Agreement between the City and Developer for the Project.
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K. On December 12 and 21, 2007, respectively, Developer filed the following
applications with the City:
(1) An Application for a Development Agreement pursuant to
Section 9.48.020 of the Santa Monica Municipal Code pertaining to development of the
Project (07DA-008; the "DA Application"); and
(2) An application .(the "CCSP Application") for amendments to the 2005
CCSP (the "CCSP Amendments").
L. On December 12, 2007, Developer filed with the City applications .for
vesting tentative tract maps (the "Tract Map Applications") to, among other things,
create a subdivision consisting of master lot 1 on Site A-and B, an air parcel on Site B,'
and to merge and resubdivide for condominium and retail purposes on Site C (the
"Tract Maps"), copies of which are attached as Exhibit "B" hereto. The Tract Maps
were designated by the City as TM 69828 and TM 69822.
M. Following the filing of the DA Application, the CCSP Application and the
Tract Map Application, the City prepared an Addendum to the 2005 CCSP EIR pursuant.
to CEQA Guidelines §15164, and processed for review amendments to the Land Use
and Circulation Element ("LUCE Amendments") and amendments to Part 9.04.08.32 of
the Santa Monica Municipal Code for the Civic Center District ("Zoning Amendments").
N. The City's Planning Commission held a duly noticed public hearing on
April 16, 2008 with respect to the Projecf, the CEQA Addendum, the DA Application, the
CCSP, LUCE and Zoning Amendments, and the Tract Map Application, and
recommended adoption of the Addendum and approval of this Agreement, the CCSP,
LUCE and Zoning Amendments and the Tract Map, all based on the requisite findings.
O. On May 13, 2008, the City Council .held a duly noticed public hearing
relating to the Project. Following completion of the hearing, the City Council took the
following steps:
(1) The City Council considered the addendum to the 2005 CC$P EIR
pursuant to CEQA Guidelines §15164;
(2) .The City Council approved the LUCE, CCSP and Zoning Amendments;
adopted Ordinance No. approving this Agreement and authorizing its
execution by the City Manager contingent upon and subject to the approval by the
Redevelopment Agency of the Disposition and Development Agreement and the
execution of the. Disposition and Development Agreement by the Executive Director of
the Redevelopment Agency and Developer; and approved the Tract Maps. (The 2005
CCSP, as amended by the CCSP Amendments, is referred to herein as the "CCSP").
P. The City Council determined that the Project is consistent with the CCSP
and will promote certain goals, objectives and policies of the CCSP by, among other
things (1) addressing citywide affordable housing needs through the addition of 160 new
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affordable rental units; and (2) transforming the Civic Center from asingle-purpose
district into a vibrant mixed-use neighborhood with daytime and nighttime activity.
Q. The City Council determined that development of the Project through this
Agreement is appropriate in order to (1) eliminate uncertainty in planning and secure
orderly development by granting vested rights to Developer as permitted under the
Development Agreement Statutes, (2) insure the provision of the .important public
benefits, (3) assure the completion of appropriate and feasible mitigation measures
identified in the EIR, all of which are contained in this Agreement, (4) assure installation
of necessary improvements, (5) provide for public infrastructure and services
appropriate to development of the Project, (6) preserve substantial City discretion in
reviewing subsequent development of the Land, and (7) otherwise achieve the goals
and purposes for which the Development Agreement Statutes were enacted.
R. The City Council has (1) specifically considered and approved the impacts
and benefits of the Project and has concluded that this Agreement is consistent with the
public health, safety and welfare needs of the residents of the City and the surrounding
region and appropriately promotes the goals, objectives and policies of the General
Plan, (2) determined that the City has complied with all procedures required by the
Development Agreement Statutes with respect to this Agreement, and (3) duly
authorized the City to enter into and perform its obligations under this Agreement.
NOW THEREFORE, in consideration of the foregoing and the covenants and
conditions hereinafter set forth, the City and Developer hereby agree as follows:
Article 1 DEFINITIONS
In this Agreement, unless the context otherwise requires:
1.1 "Affordable Artist Live/VVork Unit" means those Affordable Dwelling
Units on the ground faoor of the Site B Buildings (as defined below) where residential,
studio, gallery, and exhibition space uses are permitted. Artists will be given preference
for tenancy for the Affordable Artist LiveM/ork Units in accordance with the procedures
set forth in Section 2.3 herein.
1.2 "Affordable Dwelling Unit" means the rental Residential Dwelling
.Units in the Site B Buildings which are income and rent restricted for 99 years from the
date of the certificate of occupancy for Site B in accordance with Exhibit "K" hereto.
1.3 "Agreement" means this Development Agreement, as amended from
time to time in accordance with the provisions hereof and the Development Agreement
Statutes.
1.4 "Applicable Permit Fees" means all processing and permit fees
required by the City in connection with the filing and processing of any Technical Permit
Application as of the date when the Technical .Permit Application is filed, provided that
such fees are uniformly in force and effect throughout the City.
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1.5 "ARB" means the City's Architectural Review Board, as it may be
constituted from time to time, or its successor.
1.6 "Artist" means a person who is recognized by critics and peers, and
has verifiable training and/or a reputation and credentials and works in one or more of
the following areas: 1) a person who works in or is skilled in any of the fine arts,
including but not limited to painting, drawing, sculpture, book arts, and print making; 2) a
person who creates imaginative works of aesthetic value, including but not limited to
literature, poetry, play writing., film, video, digital media works, literature, costume
design,. photography, architecture, music composition and conceptual art; 3) a person
.who creates functional art, including but not limited to jewelry, rugs, decorative screens.
and grates, furniture, pottery, toys and quilts; 4) a performer, including but not limited to
singers, musicians, dancers, actors and performance artists. The members of the
architectural, engineering, design, or landscaping firms retained for the design and
construction of this Project shall not be considered Artists for the purposes of -this
Agreement.
1.7 "Assumption Agreement" means an Assignment and Assumption
Agreement in the form attached hereto as Exhibit "J".
1.8 "Building Height" means the height measurement for buildings as
defined in Section 2.12(b) below.
1.9 "C~ has the meaning given to the term in the Preamble.
1.10 "CCSP" means the 2005 CCSP, as defined in Recital F.
1.11- "CEQA" has the meaning given to the term in Recital E.
1.12 "City Council" means the City Council of the City of Santa Monica, as
it may be constituted from time to time or its successor.
1.13 "Gifu Parties" means the City, its City Council, boards and
commissions, officers, agents, employees, volunteers -and other representatives. City
Parties does not include the Redevelopment Agency.
1.14 "Code" means the Santa Monica Municipal Code as in effect on the
Effective Date. .
1.15 "Default" means the failure by either party to substantially perform
any term, covenant or condition in this Agreement which is required on its part to be
performed.
1.16 "Developer" means Related/Santa Monica Village, LLC, a California
limited liability company, and its successors and assigns.
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1.17 "Developer Party" means any of Developer, its officers, board
members, managers,. members, agents, employees, volunteers, contractors,
subcontractors and other persons acting on Developer's behalf.
1.18 "Development Agreement Statutes" has the meaning given to the
term in Recital L
1.19 "DDA" or "Disposition and Development Agreement" means the
Disposition and Development Agreement that is executed by and .between the
Redevelopment Agency and Developer relating to the ground leasing of the Project
Land to Developer, development of the Project Land, and the uses, covenants, and
restrictions pertaining to the Affordable Dwelling Units, including the Affordable Artist
LiveM/ork Units. This Development Agreement contains various references to the
DDA. In all instances where the DDA is referenced herein, such references are intended
to ensure consistency between the DDA and this Development Agreement.
1.20 "Discretionary Approvals" are actions which require the exercise of
judgment or a discretionary decision, and which contemplate and authorize the
imposition of revisions or additional conditions, by any of the City Parties. An
application for issuance of a permit or other entitlement which requires any of the City
Parties to use fixed standards or objective measurements and merely apply the law to
the facts as presented, but no special discretion or judgment, in determining whether
there has been compliance with applicable statutes, ordinances, regulations, or
conditions of approval does not involve a Discretionary Approval
1.21 "Effective Date" means the date upon which the City. Manager
executes this Agreement pursuant to Recital O(2) and the Ordinance approving this
Agreement.
1.22 "EIR" has the meaning given to the term in Recital F
1.23 "EIR Addendum" means the addendum. to the 2005 CCSP EIR
prepared pursuant to CEQA Guideline §15164 for this Project.
1.24 "Estoppel Certificate" shall have the meaning. given that term in
Section 16.6 below.
1.25 "Excusable Delays" shall have the meaning given that term in
Section 16.8 below.
1.26 "Existing Regulations" means, collectively, all of the following which
are in force and effect as of the Effective Date: (a) the Santa Monica General Plan,
including the LUCE Amendments; (b) the CCSP, including the CCSP Amendments; (c)
the -Code, including the Zoning Ordinance Amendments; (d) the City's Affordable
Housing Production Program; and (e) any and all other ordinances, rules, regulations,
standards, specifications and official policies of the City governing, regulating or
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affecting the demolition, grading, design, development, building, construction,
occupancy or use of buildings and- improvements or any exactions therefor.
1.27 "Floor Area" has the meaning given that term in the Zoning Code.
1.28 "General Plan" means the General Plan of the City of Santa Monica,
as of the Effective Date and all elements thereof.
.1.29 "Ground Leases" means those three certain Ground Leases by and
between the Redevelopment Agency, as Lessor, and Developer, as Lessee, relating to
the Project Land. One Ground Lease covers that portion of the Project Land on which
the Site A Buildings and underground garage are to be constructed, one Ground Lease
covers the air space within which the Site B Buildings are to be constructed, and one
Ground Lease covers that portion of the Project Land on which the Site C Buildings are
to be constructed.
1.30 "Hearing Notice" shall have the meaning given that term by
applicable law.
1.31 "Including" means including, but not limited to.
1.32 "LEED Rating System" means the Green Building Rating System For
New Construction & Major Renovations, Version 2.2 dated October 2005 adopted by
the U.S. Green Building Council, or a subsequent version adopted by the U.S. Green
Building Council if, in the discretion of Developer, Developer determines to proceed
under a subsequent version.
1.33 "Leasehold Estate" means the leasehold estates in the Project Land
created in favor of Developer, as Lessee, under the Ground Leases.
1.34 "Legal action" means any action in law or equity.
1.35 "Live/Work Unit" means those Residential Dwelling Units on the
ground floor of the Site A Buildings and Site C Buildings which will be offered for sale as
condominiums and where uses. in conformance with Section 2.5(b) are permitted.
1.36 "Living Street" has the meaning given that term in Section 2.7(a)
below
1.37 "Major Modifications" shall have the meaning given that term in
Section 3.2(b) below.
1.38 "Minor Modifications" shall have the meaning given that term in
Section 3.2(a) below.
1.39 "Mortgage" means a mortgage, deed of trust or other security device
encumbering the Leasehold Estate, or any portion thereof or any improvement thereon,
securing financing with respect to all or a portion of the Property.
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1.40 "Mortgagee" means the mortgagee or beneficiary under a Mortgage.
1.41 "Mortgagee's Cure Period" shall have the meaning given that term
in Section 13.2(b) below.
1.42 "New Technical Requirements" means revisions to the Technical
Codes made after the Effective Date which are necessary to .meet .new technical
requirements related to techniques of building and construction.
1.43 "Notice of Default" shall have .the meaning given that term in
Section 12.1 (a) below.
1.44 "Olympic Drive Extension" means the extension of Olympic Drive
along the north end of the Project between Main Street and Ocean Avenue.
1.45 "Olympic Plaza" has the meaning given that term in Section 2.7(b)
below.
1.46 "Palisades Garden Walk" means the public park to be developed on
the site depicted on Exhibit "I" to the north of the Project Land across the Olympic
Drive Extension.
1.47 "Periodic Review" has the meaning given that term in Section 10.1
below,
1.48 "Planning Commission" means the Planning Commission of the City
of Santa Monica, as it may be constituted from time to time, or its successor.
1.49 "Planning Director" means the Director of Planning and Community.
Developmentof the City of Santa Monica, or his or her successor or designee.
1.50 "Project" has the meaning given that term in Recital H.
1.51 "Project Land" has the meaning given that term in Recital B.
1.52 "Project Plans" means the plans for the Project attached. hereto as
Exhibit "L."
1.53 "Pro a means the Developer's. Leasehold Estate, all
improvements thereon and all easements, rights of way, hereditaments and other real
property interests associated therewith.
1.54 "RAND" has the meaning given that term in Recital B.
1.55 "RAND Easement" has the meaning given that term in Section 2.7(a)
below.
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1.56 "Redevelopment Agency" has the meaning given to that term in
Recital B:
1.57 "Request for Notice" means a written notice given to the City by a
Mortgagee specifying the name and address of such Mortgagee and attaching thereto a
true and complete copy of the Mortgage held by such Mortgagee.
1..58 "Residential Dwelling Units" means residential dwelling units within
the Project, including 160 Affordable Dwelling Units, of which ten (10) shall be
Affordable Artist Live/Work Units, and up to 165 market rate condominiums, which may
.include LiveM/ork Units.
1.59 "Site A" means the portion of Project labeled "Site A" in Exhibit "L".
1.60 "Site A Buildings" means the buildings and underground garage
constructed on Site A.
1.61 "Site B" means the portion of the Project labeled "Site B" in Exhibit
«L~,
1.62 "Site B Buildings" means the buildings constructed on Site B.
1.63 "Site C" means the portion of the Project labeled"'Site C" in Exhibit
«L„
1.64 "Site C Buildings" means the buildings and underground garage
constructed on Site C.
1.65 "Subsequent Code Changes" means, collectively, all of the following
which are adopted or approved subsequent to the Effective Date, whether such
adoption or approval is by the City Council, any department, division, office, board,
commission or other agency of the .City, by the people of the City through charter
amendment, referendum, initiative or other ballot measure, or by any other method or
procedure: (a) any amendments, revisions, additions or deletions to the Existing
Regulations,'or (b) new codes, ordinances, rules, regulations, standards, specifications
and official policies of the City governing or affecting the grading, design, development,
construction, occupancy or use of buildings or improvements or any exactions therefor
or regulating wages or benefits. "Subsequent Code Changes" includes, without
limitation, any amendments, revisions or additions to the Existing Regulations imposing
or requiring the payment of any fee,. special assessment or tax.
1.66 "Technical City Permits" means any ministerial approvals, consents
or permits from the City or any office, board, commission, department, division or
agency of the City, which are necessary or reasonably desired by Developer for the
actual construction of the Project or any portion thereof in accordance with the Project
Plans and this Agreement. Technical City Permits include, without limitation (a) building
permits, including foundation-only permits, (b) related mechanical, electrical, plumbing
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and other technical permits, (c) demolition, excavation, shoring and grading permits,
and (d) certificates of occupancy.
1.67 "Technical Codes" means the Administrative and Technical
Construction Codes of the City (Article Vl 11 of the Code).
1.68 "Technical Permit Applications" means any applications required to
be filed by Developer for any Technical. City Permits.
1.69 "Term" shall have the meaning given that term in Section 9.2(a)
below.
1.70 "Tract Maps" has the meaning given that term in Recital L.
1.71 "Transferee" shall have the meaning given that term in Article 13
below.
1.72 "Vesting Period" means the period described ih Section 3.1 (b)
below, as it may be extended pursuant to the provisions of this Agreement.
1.73 "Zoning Code" means Chapter 9 of the-Code as in effect on the
Effective Date, a copy of which is attached hereto as part of Exhibit "G".
Article 2 THE PROJECT
2.1 General Description. The Project includes all aspects of the
proposed development of the Project Land as more particularly described in this
Agreement and on the Project Plans.. In the event of a conflict or inconsistency between
the text of this Agreement and the. Project Plans, the Project Plans will prevail
2.2 Uses. The Project primarily consists of the following uses, aIL of
which are hereby approved by the City subject to the other provisions of this
Agreement. .Developer shall not be obligated to obtain any additional Discretionary
Approvals with respect to such uses. In the event of a conflict or inconsistency between
the uses allowed by this Agreement and the Zoning Code, this Agreement will prevail.
(a) Up to 325 Residential Dwelling Units which shall include 160
Affordable Dwelling Units to be located in the Site B Buildings, of which ten (10) shall be
ground floor Affordable Artist Live/Work Units. The Affordable Dwelling Units shall be
income and rent restricted in accordance with Exhibit "M" hereto.
(b) Up to 165 market-rate condominium units in the Site A Buildings
and the Site C Buildings, which may include Live/Work Units;
(c) Up to 20,000 square feet of Floor Area for neighborhood and
visitor-serving retail space and restaurants, and up to an additional 3,000 square feet of
outdoor dining area for restaurant use.
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(d) Parking design, number of spaces and operation as reflected in
the Project Plans as required by Section 2.3(g)(5)(A); and
(e) The Living Street and Olympic Plaza as described in the Project
Plans and Sections 2.3(e) and 2.7.
2.3 Public Benefits. The Project shall provide the following benefits to
the public, all of which are referred to herein as the "Public Benefits":
(a) Affordable Dwelling Units. By providing 160 Affordable- Dwelling
Units in the Site B Buildings, Developer is providing substantially more affordable and
multiple bedroom units than would currently be required under the Affordable .Housing
Production Program for apartments.
(b) LEED-Certified Buildings. All buildings constructed on the Project
Land shall be .required to receive a minimum rating of "Silver" under the LEED Rating
System.
(c) Affordable Artist Live/VVork Units. Ten (10) of the Affordable
Dwelling Units shall be Affordable Artist Live/Work Units with such Units to be located
on the ground floor of the Site B Buildings in order to enhance activity along the Living
Street and address the need for affordable housing for artists. Artists shall be given.
preference for tenancy for the Affordable Artist LiveM/ork Units within the Project as
provided in the DDA in the following order: first to Artists who live or work in the City,
second to Artists, and third to persons who live or work in the City.
(d) Infrastructure Improvements. As a part of the Project, Developer.
is required to complete the Olympic Drive Extension, including signalization at the
intersections of Olympic Drive with Main Street and with Ocean Avenue, .with new
sidewalks and landscaping as reflected on the Project Plans. These improvements shall
improve public access to the Civic Center Palisades Garden Walk and beachfront and
exceed .those that would be necessary to mitigate Project traffic, utility and access
impacts. These improvements are enumerated in Exhibit "F" and described in
detail in Exhibit "F-1", attached.
(e) Open Space. The Living Street, Olympic Plaza, other .pedestrian
linkages through the Project and new sidewalks will improve pedestrian access between
Ocean Avenue and Main Street and, together with Olympic .Plaza, will enhance the
pedestrian experience in that part of the Civic Center south of Olympic Drive for the
benefit of the public, including local residents, individuals employed in the area and
visitors.
(f) Child Care Fee. As part of the Project, in addition to a fee of
approximately $92,000 required by the City's Child Care Linkage Fee Program for
capital facilities, Developer is required to contribute aone-time payment of $500,000
toward design, construction, operation and/or maintenance of a Civic Center Child Care
facility. before a certificate of occupancy may be issued for any Project structure.
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(g) Sustainable Transportation Measures: To ensure that the
project supports the goals of promoting walking and minimizing vehicle trips the
following conditions shall be met:
(1) Transportation Demand Management Program. The failure to achieve the
performance targets of this subsection shall not constitute a Default within the meaning
of this Agreement. For the requirements of this subsection that exist after completion of
construction, compliance shall be evaluated separately for Site A, B and C, and may be
satisfied site by site or cumulatively.
(A) Performance targets and monitoring. Developer shall seek
to ensure that automobile use patterns meet the following performance goals:
(i) For the commercial portions of the project, the number of employees who report to
work between 7 am and 10:00 am weekdays shall be twice the number of cars driven to
work by those employees, resulting in an average employee vehicle ridership (AVR) of
2 people per car.
(ii) The actual number of peak period auto trips to and from the entire Project, including
trips made by people who park on the street within two blocks of the project, shall be
less than 65% of the number of trips calculated before discount for location identified in
the CCSP EIR Addendum Traffic Analysis. For purposes of performance monitoring,
any auto trips to or from parking spaces in the Project that are leased or purchased by
the City shall be excluded from the performance target calculation.
The City shall contract with a third party independent consultant to monitor compliance
with these targets every two years, and to prepare a report on compliance for the City's
Trahsportation Management Division: In the event that the targets are not reached, the
Planning Director, after consultation with Developer, may make Minor Modifications to
the transportation demand management conditions to more effectively achieve, through
reasonable and feasible measures that-will not substantially increase the cost of
mitigation, the performance targets hArein. To cover the costs of preparing the biannual
monitoring reports, Developer shall pay the City a lump sum of $200,000.00 prior to the
issuance of the first certificate of occupancy for the project, The following TDM
measures shall be implemented for the first two year monitoring period.
(B) Transit Subsidy in lieu of parking. All commercial tenants
who subsidize employee parking shall be required to offer, in lieu of any parking
subsidy, a transit subsidy of equal or greater value.
(C) Carshare service. Developer shall make a car sharing
service available within the project, if such a service is commercially available from a
third party provider, with a minimum of two cars: one for Sites A and B and one for Site
C. Required parking spaces may be used for carshare vehicles. Developer shall
propose a signage system to notify people of the locatioh and availability of the
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carshare vehicles. The City Transportation Manager may authorize the posting of signs
within the public right of way to guide pedestrian and vehicular traffic to the carshare
parking location. Location of carshare vehicles for Sites A and B shall be determined by
the Planning Director, in consultation with Developer, at such time as the car share
service provider has been selected. The carshare service vehicle parking for Site C
shall be located in the above ground parking lot on Site C
(D} Concierge Service. Developer shall provide residents of
market rate units with a concierge service that will accept deliveries, and complete
certain specified errands in sequential grouped trips. The Developer may choose to
make this service available to all Project residents, commercial tenants, and employees
(E) Transportation Information. Developer shall provide on-site
information for residents, visitors and employees about transit services, bicycle facilities,
and shall provide for on-site sales of transit fares. Developer shall provide access to
side-matching services for employees and residents, and shall conduct an ongoing
promotion process that ensures that residents, employees and visitors are aware of
these programs.
(F) Unbundling and Lease of Parking Spaces for Sites A and C.
Developer may, but shall not be obligated to, offer options for buyers of the market rate
condominium units to purchase parking separately from the Site A or Site C Residential
Dwelling Units.
(i) The owner(s) of the 165 market rate condominiums shall be
permitted to lease parking spaces they own to third parties subject to approval of the
Developer, at its sole discretion. If Developer elects to permit such leasing, any owner
electing to do so must first offer any such space or spaces to other condominium
owners in the project before offering to lease such space or spaces to any third party. If
no other condominium owner in the Project wishes to lease any such space or spaces,
such owner shall be entitled to offer such space or spaces to the City or any other third
party. (ii) In the event the TDM program reduces demand for parking below the number
of spaces constructed, and spaces remain available after other condominium owners
have had, ,and not exercised, the option to lease, if the Developer determines to sell or
lease unused parking spaces, the City shall. have. the first right of refusal to lease or buy
unused parking spaces from the Developer.
(G) Unbundling and Lease of Parking Spaces for Site 8, Guest
and Commercial Spaces. In the event the TDM program reduces demand for use of
parking spaces for commercial and Site B guest parking spaces below the number of
spaces constructed for such uses, and if the Developer determines to sell or lease
unused parking spaces, the City shall have the right of first refusal to lease or buy
unused parking spaces after the end of the 15 year tax credit compliance period.
(H) Parking Reconfiguration After Occupancy. Reconfiguration
of the parking spaces and operations in order to facilitate unbundling and/or flexibility of
use shall be considered a Minor Modification.
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(2) Transit Service Enhancement Fund. Developer shall contribute $450,000,
to be paid prior to the issuance of the first certificate of occupancy for either the Site A
Buildings or Site B Buildings, and $250,000, to. be paid prior to the issuance of the
certificate of occupancy for the Site C Buildings, to a transit service development fund
for the purposes of supporting and improving public transit to the site and providing
improved transit to and from local schools.
(3) Neighborhood serving. uses: A minimum of fifty-percent of commercial
square footage shall be allocated for uses such as neighborhood market, restaurant, dry
cleaning, small scale bank and other convenience services, drug store or other uses
that, subject to the approval of the Planning Director; provides the residents or
employees of the immediate area with access to convenience goods and services and
that cater to the daily needs of nearby residents or employees within walking distance of
their home or work.
(4) Provisions for bicycle use:.
(A) Developer shall provide secure bicycle parking for the public,
including residents, employees and visitors. For the purpose of this section; secure
bicycle parking shall mean bicycle lockers, an attended cage, or a secure parking area.
Initially, the project shall accommodate a minimum of 100 secure bicycle parking
spaces cumulatively for all three Sites A, B and C. In the event that demand exceeds
100 spaces, Developer shall be required to expand secure bicycle parking to
accommodate this demand if feasible. The Developer may convert or cause to be
converted auto parking spaces into bicycle parking spaces, subject to the approval of
Planning Director and the California Coastal Commission.
(B) A minimum of one unisex shower and locker facility adjacent
to a commercial use shall be provided for employees of commercial uses on site who
bicycle or use another active means, powered by human propulsion, of getting to work
or who exercise during the work day.
(C) Convenient bicycle parking. The project shall provide a
minimum of thirty individual bike racks designed to accommodate two bicycles, or an
alternate design approved bq the Planning Director, to be installed in locations within
the Project and/ or on the sidewalk or parkway adjacent to commercial and retail uses,
subject to the approval of the Planning Director.
(5) Vehicle Parking:
(A) The applicant shall provide parking for the market rate
condominium units at the Zoning Code standard of 2 spaces for units with one or more
bedrooms and 1 space for studio units; for the affordable housing units commensurate
with a demand analysis which shows residential demand at 1.23 spaces per affordable
housing unit; and one space for 300 square feet. of interior commercial area.
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(B) The Project shall be subject to a shared parking program
whereby commercial and residential guest parking, which require parking at different
times of day, shall utilize the same parking spaces.
(h) Alternative Energy Facilities. To support the City's alternative
energy policies and provide the public benefit of fossil fuel use reduction, Developer
shall
(1) Design building systems that exceed the energy standards of Title 24, in
effect on the Effective Date, by at least 15%, with a target of 30%, the final amount to be
determined following schematic design.
(2) Maximize kilowatt production by installing a minimum of 200 kW.AC of
solar photovoltaics to meet the overall project energy requirements provided, however,
that the Planning Director may approve a Minor Modification to reduce this requirement
in either of the following two circumstances:
(i) by an amount not to exceed 15% to comply with ARB review or
(ii) if it is determined that installation of 200kW is not financially feasible, reduce
to no less than 100 kW and create solar readiness on all sites by providing areas of
unobstructed roof through collocation of equipment such as standpipes and HVAC, and
placing empty conduit to accommodate unbroken runs from each contiguous roof area
to the electric service entrance or meter location.
(3) Install sufficient capacity of solar thermal hot water for 50% of the heating
requirements for the swimming pool and spa on Site C.
(i) Public Art. The project shall include two public art pieces on site;
valued at approximately $920,000 with a minimum value of $460,000 for the art work
itself. The on site art work shall satisfy the Private Developer Cultural Arts Ordinance
requirements for 230,000 square feet of the residential portion of the project (excluding
affordable housing). The Developer also shall provide an in-lieu contribution equal to
one percent of the. average square foot cost (calculated at $200 per square foot) for the
remaining market rate residential and commercial square footage of the Project. This
calculation shall be determined on the square footage submitted at plan check, and the
in lieu fee shall be payable prior to issuance of the first certificate of occupancy for the
project. The public art project shall be subject to the review process required by the
Private Developer Cultural Arts Ordinance.
2.4 Residential Dwelling Units. The. Project is approved for an
aggregate of up to 165 market-rate condominium Residential Dwelling Units in the Site
A Buildings and the Site C Buildings and 160 Affordable Dwelling Units to be located in
the Site B Buildings.
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2:5 Live/Work Units.
(a) The Project must contain ten (10) Affordable Artist Live/Work Units
on the ground floor of the Site B Buildings in which retail sales of works of art produced
by the Artist resident are also.permitted therein. Any Floor Area contained in any of the
Affordable Artist Live/Work Units shall be allowed in addition to the 20,000 square feet
of commercial Floor Area and 3,000 square feet of outdoor dining area permitted under
Sections 2.2~ and 2.6 herein,
(b) The Project may contain additional condominium LiveNVork Units in
the Site A Buildings and/or the Site C Buildings.
{i) Occupants of condominium LiveNVork Units shall comply
with the provisions of Section 9.04.20.04 of the Zoning Code and Chapter 6.04 of the
Municipal Code, and with any additional restrictions on use of the LiveNVork Units being
governed by covenants, conditions and restrictions applicable to the Site A Buildings
and the Site C Buildings:
(ii) Nothing in this Agreement shall require that a Residential
Dwelling Unit originally designed as a Live/Work Unit be actually used as a place of
work. This subsection does not apply to Artist Affordable LiveM/ork Units on the ground
floor of the Site B Buildings, which are subject to Section 2.3(cl.
2.6 Retail and Restaurant. The Project is permitted to include up to an
aggregate of 20,000 square feet of Floor Area on the ground floors of the Site A
Buildings and the Site C Buildings for neighborhood-serving and visitor-serving retail,
including qualifying neighborhood-serving uses as required in Section 2.3(g)(3)
hereinabove. Restaurants are permitted to include outdoor dining up to a maximum of
3,000 square feet in addition to the 20,000 square feet of commercial floor area.
2.7 Open Space.
(a) The Project shall include a pedestrian walkway for public use
south of the Olympic Drive Extension connecting Main Street with Ocean Avenue in
approximately the location designated on the Project Plans as the "Living Street" (the
"Living Street"). To the extent that any portion of the Living Street is contemplated to
be on land owned by RAND, the City shall reasonably cooperate with Developer and
the Redevelopment Agency to obtain an appropriate easement over such land from
RAND (the "RAND Easement") at the Developer's sole cost and expense. The Rand
Easement must be obtained before a building permit for the Project or any portion
thereof may be issued.
(b) The Project shall also include an open space area for public use
on the south side of the Olympic Drive Extension in approximately the location
designated on the Project Plans as "Olympic Plaza" ("Olympic Plaza").
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(c) It is the intent of Developer and the City that the Living Street and
Olympic Plaza shall be accessible to-the public between the hours- of 6:00 a.m. and
11:00 p.m., and during the operating hours of the retail and restaurant uses, with the
public having the right to use such areas for walking, strolling, reading and other similar
activity with. no obligation to buy any goods or services during such hours, provided,
however, that:
(1) paving and/or any barriers be designed to allow emergency vehicle
access at all times;
(2) Under the Ground Leases, Developer's Leasehold Estate shall
include the area encompassed by the Living Street (except for that portion which is
subject to the RAND Easement) and Olympic Plaza with members of the public having
the ability to occupy and use such areas in a manner consistent with this Agreement,
the Ground Leases, and reasonable rules and regulations established from time to time
by the Developer that are consistent with the applicable provisions of this Agreement
and the Ground Leases, and approved by the Planning Director. Subject to approval by
the Planning Director, which approval will not be unreasonably withheld or delayed,
between the hours of 11:00 p.m. and 6:00 a.m., Developer may limit public access to
Olympic Plaza and the Living Street, in a manner that is consistent with the emergency
access requirements of Section 2.9(b), provided, however, that except as authorized by
this Section 2.7, no physical or visual barrier shall be used to limit access at-any time.
(3) Activities that may be prohibited in the Living Street and Olympic
Plaza pursuant to rules and regulations that may be established by Developer as
specified in Section 2.7(c)(2), include, without limitation (i) cooking; dispensing or
preparing food, (ii) sleeping or staying overnight, (iii) using sound amplifying equipment,
and (iv) engaging in any illegal, dangerous. or other activity inconsistent with the other
uses in the Project or with the use of such areas by other members of the public for the
permitted purposes, such as excessive noise, boisterous activity, and being intoxicated.
Should any persons engaging in such activities refuse to leave the Project, they may be
deemed by Developer to be trespassing. Subject to Section 2.7(c)(2), Developer may
prohibit or regulate skateboarding, rollerblading or bicycling within portions of the Living
Street and Olympic Plaza. Developer shall be entitled to establish and post rules and
regulations for use of the Living Street and Olympic Plaza consistent with the foregoing.
(d) Site B shall also include open space which is limited to use by
residents of the Site B and their guests, including a secure children's play area, all as
reflected on the Project Plans.
(e) The City agrees that the open space as set forth in the Project
Plans satisfies the_City's requirements for both public and private open space. In the
event that any inconsistencies exist between the Zoning Code and the open space
requirements set forth by this Agreement; the open space requirements established by
this Agreement shall prevail.
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2.8 Alcoholic Beverage Permits.
(a) No alcohol will be sold or otherwise made available in any portion
of the Project devoted to neighborhood and visitor-serving commercial uses, including
retail and restaurant uses, including bar areas ancillary to restaurant uses, unless one
or more Conditional Use Permits have been issued. Upon the application by Developer
or the operator or operators of any restaurant or retail store designated as such in the
Project Plans, up to a maximum of 17,500 square feet of interior Floor Area and an
additional 3,000 square feet of adjacent outdoor dining area, the City agrees to issue
Conditional Use Permits for the sale of alcohol therein subject, in all cases, to
reasonable terms and conditions. The applications subject to this provision shall
include all information typically required by the City for similar operations and shall be
processed pursuant to the City's standard procedures for issuing Conditional Use
Permits.
(b) Notwithstanding the provisions of Section 2.8(a) above, nothing in this
Agreement shall authorize the issuance of a Conditional Use Permit for the sale of
alcoholic beverages for a nightclub or other use in the Project not specifically permitted
under Section 2.2 above. In the event Developer or any operator or operators should
seek a Conditional Use Permit for any such purpose, an application shall be filed under
the City's then-current regulations and the City shall approve, deny or condition such
application under its standards in effect at that time applicable to similar uses.
2.9 Access..
(a) Vehicular Access. Vehicular access to the Project shall be
through First Court Alley, North Alley and South Alley, as reflected. on the Project Plans.
(b) Emergency Access. Access for Fire Department purposes shall
be provided on Living Street entering from Main Street to the east of the Project and on
Olympic Plaza entering from Olympic Drive to the north of the Project. Developer shall
be permitted to keep removable barriers, as approved by the ARB and the Fire
Department, in those locations on a day to day basis for the enjoyment of the
pedestrians and to keep non-emergency vehicles out; provided, however, that such
barriers do not unduly impede or restrict emergency access.
2.10 Parking. Parking shall tie provided in compliance with Section
2.3(p)( 5)(A), and as modified pursuant to Minor Modifications to implement revised
Transportation Demand Measures that are approved pursuant to Section 3.2(a), if any.
2.11 Infrastructure Improvements. Developer shall undertake and
construct the infrastructure improvements described in Exhibit "F-1", including but not
limited to those relating to the Olympic Drive extension, traffic signal installations,
utilities, North Alley, First Court Alley, Main Street and Ocean Avenue.
2.12 Design.
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(a) Setbacks. Developer shall maintain the setbacks for the Project as
set forth on the Project Plans. In the event that any inconsistencies exist between the
Zoning Code and the setbacks required by this Agreement, the setbacks established by
this Agreement shall prevail.
(b) Building Height. The height of the buildings on Site A and B will
be measured from the existing elevation on Ocean Avenue sidewalk at 54.9 feet. The
height of the building on Site. C will be measured from the existing elevation on the
Ocean Avenue sidewalk, which shall be 50 feet.
(c) stepbacks. Developer shall maintain the stepbacks for the Project
as set forth on the Project Plans as required in the CCSP Amendments. In the event
that any inconsistencies exist between the Zoning Code and the stepbacks required by
this Agreement, the stepbacks established by this Agreement shall prevail.
(d) Permitted Projections. Subject to ARB review and approval, (i)
parapets on buildings may exceed the Zoning Code standard of 42 inches up to a
maximum of 60 inches, and (ii) solar photovoltaic equipment may project above the
maximum height provisions of Section 2.12(b) up to eight (8) feet to enable the Project
to comply with the provisions of Section 2.3(h)..
2.13 Infrastructure Financing. The parties hereto shall cooperate in
considering, and if necessary to finance development of the Project, establishing a
financing district in accordance with the Mello-Roos Community Financing Act of 1982,
or equivalent financing provisions authorized by law, for financing the Developer's
obligations to construct public infrastructure improvements in conjunction with the
Project.
2.14 Site B Buildings Inspection Fee. The City shall waive or reduce the
building inspection fees for the Site B buildings in an amount not less than $326,000.
Article 3 DEVELOPMENT OF THE PROJECT
3.1 Vested Rights.
(a) Approval of Project Plans. The City hereby approves the
Project Plans. The City shall maintain a complete copy of the Project Plans,: stamped
"Approved" by the City, in the Office of the City Clerk, and Developer shall maintain a
complete copy of the Project Plans, stamped "Approved" by the City, in its offices or at
the Project site. The Project Plans to be maintained by the City and Developer shall be
ahalf-size-set.- Further detailed plans for. the construction of the Project, including,
without limitation, structural plans and working drawings, shall be developed by
Developer subsequent to the Effective Date based upon the Project Plans.
(b) Right to Develop. Subject to the condition precedent that
Developer record the Final Tract Maps and obtain a Leasehold Estate in the Project
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Land in accordance with the Ground Leases, Developer shall have the vested right to
develop and. construct the Project in accordance with this Agreement, the Project Plans,
any Minor Modifications thereto which are approved in accordance with Section 3.2(a)
below, and any Major Modifications which are approved pursuant to Section 3.2 (b)
below; provided, however, that the. Right to Develop provided by this Agreement shall
automatically terminate if (i) the Ground Leases have been terminated and/or (ii)
Developer has not obtained a building permit by the date which is five years after the
Effective Date (the "Vesting Period"). The Vesting Period may be extended by the
Planning Director, in his or her sole discretion, in an amount of time not to exceed one
year, for a total maximum Vesting Period of 6 years for Site A and Site B, and 2.5 years,
for a total maximum Vesting Period of 7.5 years for Site C.
Except as expressly set forth in this Agreement, the City shall have no
further discretion over the elements of the Project which have been delineated in the
Project Plans or described in this Agreement and to the extent of any inconsistencies
between this Agreement and the Existing Regulations (except for the General Plan and
the CCSP), this Agreement shall control. A change to the Existing Regulations after the.
Effective Date shall not constitute a basis for revoking any approval given or deemed to
be given pursuant to this Agreement.
3.2 Modifications.
(a) Minor Modifications to ProiecY. Developer may make minor
changes to the Project or Project Plans without amending this Agreement upon
approval of the Planning Director, provided that he or she makes the specific findings
that the proposed changes: (1) do not result in significant and adverse changes to any
portion of the Project; (2) are consistent with the provisions, purposes and goals of this
Agreement; and (3) are not detrimental to the public health, safety, convenience or
general welfare ("Minor Modifications"). Minor modifications shall include, but not be
limited to:
Revision of Transportation Demand Management measures as provided
in Section 2.3(g) above;
• Parking modifications required to comply with the permit parking
requirements of the California Coastal Commission, if such requirements
do not exceed the number of parking spaces required to satisfy the City's
Zoning Ordinance requirements for residential parking and to provide one
space for 300 square feet of interiorcommercial area.
• Changes to the project energy requirements in Section 2.3(h)(2) if
necessary to comply with ARB review, or if the Planning Director
determines after consultation with the EPWM Director that modifications to
the alternative energy requirements are reasonably necessary to maintain
the feasibility of the Project.
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• Reduction of individual bike racks required by Section 2.3(g)(4)(C) to a
minimum of 15 bike racks if necessary to comply with ARB review.
• Reduction in the amount of square footage for Sites A and B occupied by
the Living Street and Olympic Plaza, all as reflected on the Project Plans,
by an aggregate amount not exceeding 925 square feet.
Field changes caused by site. conditions and made pursuant to the City's standard
construction revisions procedure are specifically exempted and do not require any City
approvals or amendment of this Agreement. Notwithstanding Section 6.2, the Planning
Director, after consultation with the EPWM Director, may exempt Developer from
subsequent changes in the City's Green Building requirements if he or she determines
that subsequent requirements are impractical or would render the Project infeasible.
(b) Maior Modifications. Any of the following types of modifications to
the Project Plans ("Maior Modifications") shall not constitute a Minor Modification and
shall require an amendment of this Agreement:
(1) A reduction in any setback of the Project, as depicted on the
Project Plans, if by such reduction the applicable setback would be less than is
permitted under the CCSP, as modified by the CCSP Amendments, as in effect on the
date such modification is applied for;
(2) Except as provided in Section 3.2(d) below, any increase in
the Building Height of the Project above the Building Height permitted pursuant to
Section 2.12(b) above, except for increases permitted under the Zoning Code in effect
on the date such modification is applied for;
(3) Any change in the uses of the Project, as described in
Section 2.3 above, except for permitted uses under the Zoning Code in effect on the
date such modification is applied for;
(4) Installation of additional curb cuts or recessed turnouts not
depicted in the Project Plans;
(5) Any material change in the location and siting of any building
constituting a part of the Project, as depicted on the Project Plans; and
(6) Any material change in the design, massing, and building
configurations, as depicted on the Project Plans for Sites A and B, which shall include,
among other things, an aggregate reduction of more than 925 square feet in the Living
Street and Olympic Plaza or access to public open space.
(c) Approvals. The City shall-not unreasonably withhold, condition or
delay its approval of a request for a Minor Modification. The City may impose fees,
exactions, conditions, and. mitigation measures in connection with its approval of a
Major Modification, subject to Article 6 below provided that all fees, exactions,
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conditions and mitigation measures are in accordance with this Agreement and
applicable law. Notwithstanding anything to the .contrary herein or in the Existing
Regulations, if the City approves a Minor Modification or amendment to this Agreement
for a Major Modification, as the case may be, Developer shall not be required to obtain
any other Discretionary Approvals for such modification.
(d) Modifications Necessitated by New Technical Requirements. If
the sole means of achieving compliance for the Project with any New Technical
Requirements would require an increase in the allowable Building Height established in
this Agreement for the Project, then the Planning Director is hereby authorized, subject
to completion of all necessary environmental review and findings of consistency with the
CCSP, in the case of Building .Height, to grant Developer limited relief (up to five (5)
feet) from the Building Height otherwise allowable under this Agreement without
amending this Agreement. Any such approvals shall be granted only after the Planning
Director's receipt of a written request for such relief from Developer. Developer is
required to supply the Planning Director with written documentation of the fact that
compliance with the New Technical Requirements cannot be achieved by some other
method. Any such relief shall only be granted to the extent necessary in the Planning
Director's determination for Developer to comply with the New Technical Requirements.
3.3 No Obligation to Develop.
(a) Nothing in this Agreement shall be construed to require beveloper
to proceed 'with the construction or any other implementation of the Project or any
portion thereof, except as may arise pursuant to provisions of the DDA or the Ground
Leases;
(b) The decision to proceed or to forbear or delay in proceeding with
implementation or construction- of the Project or any portion thereof shall be in
Developer's sole discretion;
(c) Failure by Developer to proceed with construction or
implementation of the Project or any portion thereof shall not give rise to any liability,
claim for damages or cause of action against Developer, except as may arise pursuant
to provisions of the DDA, the Ground Leases, or a nuisance abatement proceeding
under Chapter 8.96 of the Code, or any successor legislation;
(d) Failure by Developer to proceed with construction or
implementation. of the. Project or any portion thereof shall not result in any loss or
diminution of development rights, except upon expiration of the Vesting Period; and
(e) If Developer proceeds with the construction or any other
implementation of the Project or any portion thereof, Developer must do so consistent
.with DDA requirement to develop the Project, including but not limited to the manner
and order of development of Site A, Site B, and Site C.
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3.4 Damage or Destruction of the Project: If the Project, or any part
thereof, is damaged or destroyed during the Vesting Period, Developer shall continue to
be entitled to reconstruct the Project in accordance with this Agreement. If the Project,
or any part thereof, is damaged or destroyed after the end of the Vesting Period but to
such an extent that reconstruction would not be permitted under the Code, Developer
shall be permitted,. but not obligated, #o reconstruct the Project in a manner consistent
with this Agreement and the Project Plans. If the Project, or any part thereof, is
damaged or destroyed after the end of the Term, but during the term of the Ground
Leases, Developer shall be permitted, but not obligated, to develop up to 365 units on
the Project. Land provided, however, that except for this unit count, the City shall have
complete discretion pursuant to -its police power to regulate such development in
accordance with the regulations, laws, and ordinances in effect at that time. The
preceeding sentence shall survive the Term of this Agreement and shall continue in
effect until expiration of the Ground Leases.
Article 4 .CONSTRUCTION
4.1 Construction Mitigation Plan. During the construction phases of
the Project, Developer shall comply with a Construction Mitigation Plan to be prepared
by Developer and approved by the City in accordance with the standards of construction
set forth in Exhibit "C".
4.2 Construction Hours. Developer shall be permitted to perform
construction during the hours permitted by the Code as of the Effective. Date including,
without limitation, the provisions of Section 4.12.110(e) which, under certain
circumstances, allow construction activity to take place during other. hours upon
issuance of a permit to do so by the City.
4.3 Construction Traffic. Developer shall prepare and implement, or
cause the general contractor for the Project to prepare and implement, a construction
traffic mitigation plan which shall be subject to the review and approval of the City.
4.4 Construction Signage. The Planning. Director. may approve
additional signage beyond that allowed by the. Zoning Code.
4.5 Completion of Construction. The time allowed for completion of all.
work authorized by any building permit shall be determined by applicable provisions of
the Code, including, without limitation, those provisions authorizing extensions thereof in
Section 8.08.070 of the Code.
Article 5
AND PUI
5.1 Permitted Fees and Exactions.
(a) Except as expressly .set forth in Section 3.2(c) (relating to
modifications), and Section 6.2(a) (relating to Subsequent Code Changes) below, the
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Project shall be subject to, and the City shall only charge and impose, those fees,
exactions, mitigation measures, conditions, and standards of construction set forth in
this Agreement, including Exhibit "C", and. Exhibit "E" attached hereto; the City may
not increase or impose additional fees, mitigation measures, conditions, standards or
exactions. The mitigation measures shall be implemented in compliance with the .
Mitigation Monitoring Program attached as Exhibit "D" hereto. If any of the mitigation
measures or conditions set forth on Exhibits "C", ands are satisfied by others,
Developer shall be deemed to have satisfied such measures or conditions.
(b) The Project shall comply with the Child Care Linkage Program
set forth in Chapter 9.72 of the Zoning Code in the manner set forth in Section 2.3(fl
above.
(c) The. Project shall comply with the Private Developer's Cultural
Arts Requirement set forth in SMMC Sections 9.04.10.20.010, et seq. in the manner set
forth in Section 2.3(i) above.
(d) The Project shall comply with the Condominium and Cooperative
Tax Law iri SMMC Section 6.76, the Unit dwelling. tax in SMMC Section 6.80, the
Transit Service Enhancement Fund required by Section 2.3(g) above, and such other
fees identified in attached Exhibits E and G.
5.2 Conditions on Modifications. The City may impose reasonable
fees, exactions, mitigation measures and conditions in connection with its approval of
Minor or Major Modifications, provided that all fees, exactions, mitigations measures
and conditions shall otherwise be in accordance with this Agreement and applicable
law.
5.3 Mitigation Measures and Conditions of Approval. The Developer
shall be responsible for implementing the mitigation measures set forth on Exhibit "C"
hereto, and for adhering to the conditions of approval set forth on Exhibit "C" hereto. If
Developer proceeds with the construction of the Project, except as otherwise expressly
limited therein, the obligations and requirements imposed by the Project description. in
Section 2, above, as well as the Mitigation Measures and Conditions of Approval
attached as Exhibit C, shall survive the Term of this Agreement and shall be binding
upon Developer, its successors and assigns, and shall continue in effect until expiration
of the Ground Leases or release by the Planning Director.
Article 6 EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS
6.1 Development Standards for the Property; Existing Regulations.
(a) Except as provided in this Agreement, development of the buildings
and: improvements, including without limitation, the development standards for the
demolition, grading, design, development, construction, occupancy or use of such
buildings and improvements, and any exactions therefor, shall be governed by the
Existing Regulations. The City agrees that this Agreement is consistent with the
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General Plan and the CCSP as amended, and as more fully described in the Recitals.
Any provisions of any of the other Existing Regulations inconsistent with the provisions
of this Agreement, to the extent of such inconsistencies and not further, are hereby
deemed modified to that extent necessary to effectuate the provisions of this
Agreement.
(b) The Project shall be exempt from: (1) all discretionary acts or
review by the City or any body or agency thereof, except as provided herein; (2) the
application of any subsequent local development, building. or permit moratoria;
development or building permit rationing systems or other restrictions. on development
which would adversely affect the rate, timing, or phasing of construction of the Project,
and (3) Subsequent Code Changes which are inconsistent with the terms of this
Agreemeht.
6.2 Permitted Subsequent Code Changes.
(a) This Agreement shall not prevent the City from applying the
following Subsequent Code Changes to the development of the Project:
(1) Processing fees and charges imposed by the City to cover
the estimated actual costs to City of processing applications for development approvals,
or monitoring compliahce, and similar development fees and charges, provided that
such fees and charges are uniformly imposed by the City at similar stages of project
development on all similar applications and for all similar monitoring approvals. Such
fees and charges include, but are not limited to: (i) all application, permit, and
processing fees incurred for the processing of this Agreement, any administrative
approval of a Minor Modification, or any amendment of this Agreement in connection
with a Major Modification; (ii) all building plan check and building inspection fees for
work on the Project Land in effect at the time an application for a grading permit or
building permit is applied for; (iii) the public works plan check fee and public works
inspection fee for public improvements constructed and installed by Developer, and (iv)
fees for monitoring compliance with this Agreement, any development approvals, and
the EIR mitigation monitoring plan.
(2) General or_special taxes; including, but not limited to,
property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes,
which may be applied to the Property or to businesses occupying the Property in
accordance withlaw.
(3) Procedural regulations relating to hearing bodies, petitions,
applications, notices,.documehtation of findings, records, manner in which hearings are
conducted, reports, recommendations, initiation of appeals, and any other matters of
procedure; provided such regulations are uniformly imposed by the City on all matters,
do not result. in any unreasonable decision-making delays and do not affect the
substantive findings established in this Agreement.
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(4) Regulations governing construction standards and
specifications .which are of general application that establish standards for the
construction and installation of structures and associated improvements, including,
without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical
Code and Fire Code; provided that such construction standards and specifications are
applied on a City-wide basis. and do not impair the Project approvals granted in this
Agreement.
(5) Any City regulations to which Developer has consented in
writing
(6) Collection of such fees or exactions as are imposed and set'
by governmental entities not controlled by City but which are required to be collected by
City.
(7) Regulations which do not impair the rights and approvals
granted to Developer hereunder. For the purposes of this Section 6.2(a)(7) regulations
which impair Developer's rights or approvals include, but are not limited to, regulations
which (i) materially increase the cost of the Project (except as provided in
Section 6.2(a)(1) and Section 6.2(a)(2) above), or (ii) which would materially delay
development of the Project.
(b) This Agreement shall not be construed to prevent the City from
applying new rules; regulations and .policies in which circumstances as are specified in
California Government Code Section 65866.
(c) In the event that state or federal laws or regulations enacted after
this Agreement is executed prevent or preclude compliance with one or more of the
provisions of this Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such state or federal laws or
regulations; provided, however, that this Agreement shall remain in full force and effect
to the extent it is not inconsistent with such laws or regulations and to the extent such
laws or regulations do not render such remaining provisions impractical to enforce.
6.3 Common- Set of Existing Regulations. Prior to the Effective Date,
City and Developer shall- identify and. assemble the Existing Regulations so that if it
becomes necessary in the future to refer to any of the Existing Regulations, there will be
a common set of the Existing Regulations available-to all parties. These Existing
Regulations shall be attached as Exhibit "G" hereto.
6.4 Conflicting Enactments. Except as provided in Section 6.2 above,
any Subsequent Code Change which would conflict in any way with or be more
restrictive than the Existing Regulations shall not be applied by City to any part of the
Property. Developer may, in its sole discretion, give City written notice of its election to
have any Subsequent Code Change applied-to such portion of the Property as it may
have an interest in, in which case such Subsequent Code Change shall be deemed to
be an Existing Regulation insofar as that portion of the Property is concerned.
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6.5 Timing of Development. Because the California Supreme Court
held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure
of the parties to provide for. the timing of development resulted in . a later-adopted
initiative restricting the timing of development to prevail over the parties' agreement, it is
the intent of Developer and the City to cure that deficiency by expresslyacknowledging
and providing that no Subsequent Code Change that purports to limit the rate or timing
of development over time or alter the sequencing of development phases, whether
adopted or imposed by the City Council or through the initiative or referendum process,
shall apply to the Property or prevail over this Agreement. In particular, but without
limiting any of the foregoing, no numerical restriction shall be placed by City on the
amount of square footage that can be built eacH year on the Property:
6.6 Tract Map. Prior to issuance of building .permits for the Project,
Developer shall have recorded a tract and/or parcel map creating a master lot, airspace
lots and/or residential and/or commercial condominium lots for buildings, retail, parking
and residential uses.
6.7 ARB Approval. As the project is approved in. schematic design;
ARB review shall address: All building exterior facades, colors and materials and
associated typical and significant details; Sun-shading devices, details and operation
thereof; Pedestrian orientation, experience, -path of travel and associated hardscape;
Solar energy system location, installation, operation and associated support structures
and details; Landscaping; Play area equipment specifications.
The ARB shall have no authority to disapprove or otherwise adversely affect any
features of the. Project which have been approved by this Agreement, as set forth in the
Project Plans (including height, density, setbacks, stepbacks or any other structural
design aspect of any buildings constituting a part of the Project), or which would require,
directly or indirectly, a change in the photovoltaics beyond that authorized in Section
2.3(h)(2)(i) . Decisions of the ARB shall be appealable to the Planning Commission in
accordance with the Existing Regulations.
6.8 streetscape Design. Final streetscape design shall be subject to review
and approval of the Planning Director, after consultation with the Community
Maintenance Department Director and the Civil Engineering Division, in accordance
with applicable streetscape plans.
Article 7 CITY TECHNICAL PERMITS
7.1 Diligent Action by City.
(a) Upon satisfaction of the conditions set forth in Section 7.2(a)
below, the City shall accept the Technical Permit Applications filed by Developer with
the City and shall diligently proceed to process such Technical Permit Applications to
completion.
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(b) Upon satisfaction of .the .conditions set forth in Section 7.2(b)
below, the City shall diligently issue the Technical City Permits which are the subject of
the Technical Permit Applications.
7.2 Conditions for Diligent Action By the City.
{a) The obligation of the City to accept and diligently process the.
Technical Permit Applications which are filed by Developer in accordance with
Section 7.1(a) is subject to satisfaction of the following conditions:
(1) Developer. shall have completed and. filed all Technical
Permit Applications which are required under the administrative procedures and policies
of the City which are in effect on the date when the Technical Permit Application is filed,
provided that such procedures and policies are uniformly in force and effect throughout
the City.
(2) Developer shall- have paid all Applicable Permit Fees
required to be paid hereunder.
(b) The obligation of the City to issue a Technical City Permit for a
proposed building under Section 7.1(b) which is the subject of a Technical Permit
Application filed by Developer is subject solely to the satisfaction of the following
conditions:
(1) .Developer shall have complied with all of its obligations
under this Agreement which are required to be performed prior to or concurrent with the
issuance of the Technical City Permits for the proposed building.
(2) Developer shall have received any permits or approvals from
other governmental agencies which are required by law to be issued .prior to or
concurrent with the issuance of the Technical City Permits for the proposed building.
(3) The Project shall conform to the Project Plans and any
conditions imposed under this Agreement. In the event that the Project is not in
conformance, Developer shall have the right to seek any relief from such standards
under the procedures then available in the City.
(4) The proposed building shall conform to the Technical Codes
in effect on the date that the Technical City Permit is issued.
7.3 Duration of Technical Citv Permits. The duration of Technical City
Permits issued by the City in accordance with Section 7.1(b) and any extensions of
..such Technical City Permits, shall be established in accordance with the Technical
Codes in effect at the .time that the Technical City Permits are issued; provided,
however, that Developer shall have at least six (6) months to begin site work on the
Project following issuance of a building permit subject to extension for an additional six
(6) months upon the showing of good cause. The lapse or expiration of a Technical City
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Permit shall not preclude or impair Developer from subsequently filing another such
Technical Permit Application during the Vesting Period of this Agreement which shall be
processed by the City in accordance with the provisions of this Article 7.
Notwithstanding the foregoing, any grading, site clearance or similar permit issued in .
connection with the Project shall not expire during the Term of this Agreement.
Article 8 AMENDMENT AND MODIFICATION
8.1 Amendment and Modification of Development Agreement.
Subject to the notice and hearing requirements of the applicable Development
Agreement Statutes, this Agreement may be modified or amended from time to time
only with the written consent of Developer and the City or their successors and assigns
in accordance with the provisions of the Code and Section 65868 of the California
Government Code.
Article 9 TERM
9.1 Effective Date. This Agreement shall be dated, and the obligations
of the parties hereunder shall be effective as of the Effective Date.
9.2 Term.
(a) The term of this Agreement (the "Term") shall commence on the
Effective Date and shall continue for twenty (20) years unless otherwise terminated
pursuant to either Section 3.1(b) above or Section 11.4 below.
(b) Upon termination of this Agreement, the parties hereto shall
execute an appropriate certificate of termination in recordable form which shall be
recorded in the Official Records of the County of Los Angeles, State of California.
Article 10 REVIEW OF COMPLIANCE
10.1 City Review. On or before each anniversary of the Effective Date of
this Agreement, the Developer shall provide-the Planning and Community Development
Department with a compliance report demonstrating compliance with the terms and
conditions of the Development Agreement. The City shall review this Agreement once
each year in accordance with this Article 10 in order to determine whether or not
Developer is out of compliance with any specific term or provision of this Agreement (a
"Periodic Review").
(a) Evidence of Compliance. The City shall rely on Developer's
periodic construction status reports as required by Section [305] of the DDA to verify
that Developer has been in compliance with this Agreement during the preceding
twelve (12) month period. For purposes of this Agreement, the phrase "compliance"
shall mean the following: (1) conformance by Developer with the applicable
requirements of the Existing Regulations, except as otherwise modified by this
Agreement; (2) conformance by Developer with the terms and conditions of this
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Agreement; and (3) the existence. of any specified Excusable Delays which prevented or
delayed the timely performance by Developer of any of its obligations under this
Agreement.
(b) Information to be Provided to Developer. The City shall
deliver to Developer a copy of all staff reports prepared in connection with a Periodic
Review, .written comments from the public and, ,to -the extent practical, all related
exhibits concerning such Periodic Review concurrently with the delivery of a Notice of
Default, defined below.
(c) Notice of Default; Cure Rights. If the City. reasonably
concludes on the basis of substantial evidence that .Developer has not demonstrated
that it is in good faith compliance with this Agreement, then the City. may issue and
deliver to Developer a written "Notice of Default" pursuant to Section 11.1 (a) below, and
Developer shall have the opportunity to cure such default pursuant to Section 11.1 (b) or
(c) below.
(d) Failure of Periodic Review. The City's failure to review at least
annually compliance by Developer with the terms and conditions of this Agreement shall
not constitute or be asserted by any Party as a breach by any other Party of this
Agreement.
(e) City Cost Recovery. Following completion of each Periodic
Review, Developer shall reimburse the City for its actual and reasonable costs incurred
ih connection with such review up to $2,500 for any one Periodic Review.
10.2 Termination of Development Agreement. If Developer fails to
timely cure any item(s) of non-compliance set forth in a Notice of Default, then the City
shall have the right but not the obligation to initiate proceedings for the purpose of
terminating this Agreement pursuant to Section 11.4 below.
Article 11 DEFAULT
11.1 Notice and Cure.
(a) Notice of Default. In the event of a Default by either party, the
non-defaulting party shall have those rights and remedies provided in this Agreement,
provided that such. non-defaulting party has first sent a written notice of Default, in the
manner required by Section 16.1, specifying the precise nature of the alleged Default
(including references to pertinent Sections of this Agreement and the Existing
Regulations or Subsequent Code Chahges alleged to have been breached), and.the
manner in which the alleged Default may satisfactorily be cured (a "Notice of Default").
In the event of a Default by Developer, the Notice of Default shall also be provided to
any Mortgagee of Developer which has delivered a Request for Notice to the City in
accordance with Section 12.2(a) below.
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(b) Cure of Monetary Defaults. In the case of a monetary Default
by Developer, Developer shall promptly commerce to cure the identified Default and
shall complete the cure of such Default within twenty (20) business days after receipt by
Developer of the Notice of Default or provide evidence of Excusable Delay as defined in
Section 16.8 below.
(c) Cure of Non-Monetary Default. In the case of anon-monetary
Default by either party, the alleged defaulting party shall promptly commence to cure the
identified Default and. shall complete the cure within thirty (30) days after receipt of the
Notice of Default or provide evidence of Excusable Delay. The thirty (30) day cure
period for anon-monetary Default shall be extended as is reasonably necessary to
allow for the completion of such cure, provided that the alleged defaulting party
commences such cure promptly after receiving the Notice of Default and continuously
and diligently pursues such cure at all times until such Default is cured.
(d) Excusable Delay. Notwithstanding anything to the contrary
contained herein, the City's exercise of any of its rights or remedies under this Article 11
shall be subject to the provisioris of Section 16.8 below.
11.2 Gifu Remedies for Monetary Default by Developer.
(a) In the event of Default by Developer in the performance of any of
its monetary obligations under this Agreement which remains uncured (a) twenty (20)
business days after receipt by Developer of a written notice of default from the City, and
(b) after expiration of Mortgagee's Cure Period under Section 12.2(b) (if a Mortgagee of
Developer has delivered a Request for Notice to the City in accordance with
Section 12.2(a)), the City shall have. available any right or remedy provided in this
Agreement, and at law or in equity. All of said remedies shall be cumulative and not
exclusive of one another, and the exercise of any one or more of said remedies shall
not constitute a waiver or election in respect to any other available remedy.
(b) In the event of a monetary default by Developer, the City shall
not be required to comply with the procedures'set forth in Section 11.4.
11.3 Remedies for Non-Monetary Default.
(a) In the event of non-monetary Default by either party hereunder
which remains uncured: (1) after expiration. of all applicable notice and cure periods,
and (2) in the case of a Default by Developer, after the expiration of Mortgagee's Cure
Period (if a Mortgagee has delivered a Request for Notice to the City in accordance with
Section 12.2(a) below), the non-defaulting party shall have available any right or remedy
provided in this Agreement, and at law o[ in equity except as prohibited by this
Agreement. All of said remedies shall be cumulative and not exclusive of one another,
and the exercise of any one or more of said remedies shall not constitute a waiver or
election in respect to any other available remedy.
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(b) Due to the size, nature and scope of the Project and 'due to the
fact that it will not be practical or possible to restore the Project Land to its condition as
of the date of this Agreement once implementation of this Agreement has begun,
Developer may be foreclosed from other choices it may .have had for the use of the
Project Land or portions of the Project Land. Developer has invested significant time .
and resources; performed extensive planning and processing of the Project, and will be
investing even more significant time and resources in implementing the Project in
reliance upon the terms of this Agreement. Consequently, the City and Developer
acknowledge that monetary damages and remedies at law generally are inadequate
and that specific performance is an appropriate remedy for the enforcement of this
Agreement. Therefore, unless otherwise expressly provided herein, the remedy of
specific performance shall be available to Developer under this Agreement in the event
of anon-monetary Default by the City,
City Initials Developer Initials
(c) The City and Developer hereby stipulate that Developer shall be
entitled to obtain relief in the form of a writ of mandate in accordance with Code of Civil
Procedure Section 1085 or Section 1094.5,. as appropriate, to remedy any hon-
monetary Default by the City of its obligations and duties under this Agreement.
Nothing in this Section 11.3(c), however, is intended to alter the evidentiary standard or
the standard bf review applicable to any action of, or approval by, the City pursuant to
this Agreement or with respect to the Project.
(d) Developer acknowledges that the City would not have entered
into this Agreement if the City were to be liable in damages under or with respect to this
Agreement or the application thereof. Consequently, and except for the payment of
attorneys' fees in accordance with Section 16.11 below and. court costs, the City shall
not be liable in damages to Developer or to any Transferee, and Developer covenants
on behalf of itself and its successors in interest not to sue for or claim any damages:
(1) for any non-monetary Default of, or which arises out of, this
Agreement;
(2) for the taking, impairment or restriction of any right or
interest conveyed or provided hereurider or pursuant hereto;
(3) .arising out of or connected with any dispute, controversy or
issue regarding the application or interpretation or effect of the provisions of this
Agreement.
(e) The City and Developer agree that the provisions of
Section 11.3(d) do not apply if the City has unreasonably or maliciously disregarded the
terms of this Agreement and further agree that the provisions of Section 11.3.(d) do not
limit the liability of the City, if any, for damages which: (1) are not for anon-monetary
Default or which do not arise under this Agreement; (2) are not with respect to any right
34
or.interest conveyed or provided hereunder or pursuant hereto; or (3) do not arise out of
or which are not connected with any dispute, controversy or issue regarding the
application, interpretation, or effect of the provisions of this Agreement.
(f) The City acknowledges that Developer would not have entered
into this Agreement if Developer were to be liable in damages in connection with any
non-monetary Default hereunder: Consequently, and except for the payment of
attorney's fees in accordance with Section 16.11 below and court costs, Developer shall
not be liable in damages to the City, and the City covenants not to sue for or claim any
damages for.
Agreement; or
(1) any non-monetary Default of, or which arises out of, this
(2) arising out of connected with any dispute, controversy or
issue regarding the application or interpretation or effect of the provisions of this
Agreement (except in the case of a monetary default).
(g) The City and Developer agree that the provisions of
Section 11.3(fl do not limit the liability of Developer, if any, for damages which (1) are
not for anon-monetary Default, or which do not arise under this Agreement, (2) are not
with respect to any right or interest conveyed or provided hereunder or pursuant hereto,
or (3) do notarise out of or which are not connected with. any dispute, controversy, or
issue regarding the application, interpretation or effect of the provisions of this
Agreement. The provisions of this Section 11.3(8) do not limit any liability of Developer
for work performed on public property or rights-of-way.
(h) Except as provided herein, the provisions of this Section 11,3
shall-not limit any other rights, remedies, or causes of action that either the City or
Developer may have at law or equity.
11.4 Termination of Agreement by City.
(a) In the event that (1) the City finds and determines pursuant to
Section 11.1 above, on the .basis of substantial evidence, that Developer has not. been
in good faith compliance with the terms and conditions of this Agreement, or (2) the City
finds and determines that there has been anon-monetary Default by Developer of its.
obligations under this Agreement andsuch non-compliance or Default, as applicable
has not been cured during the applicable cure period under Section 11.1 (b) above and
Section 11.1 (c) above, the City may commence proceedings to terminate or modify this
Agreement pursuant to this Section.
(b) The procedures for termination or modification of this Agreement
by the City for the grounds set forth in Section 11.4(a) above are as follows:
(1) The City shall provide a written notice to Developer (and. to
any Mortgagee of Developer which has delivered a Request for Notice to the City in
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accordance with Section 12.2(a) below) of its intention to terminate or modify this
Agreement unless Developer (or the Mortgagee) cures or corrects the acts or omissions
that constitute the basis of such determinations by the City ("Hearing Notice"). The
Hearing Notice shall be delivered by the City to Developer in accordance with
Section 16.1 below and shall contain the time and place of a public hearing to be held
by the City Council on the determination of the City to proceed with termination or
modification of this Agreement. The public hearing shall not be held earlier than: (i)
thirty-one (31) days after delivery of the Hearing Notice to .Developer, or (ii) if a
Mortgagee has delivered a Request for Notice in accordance with Section 12.2(a), the
day following the expiration of the Mortgagee Cure Period.
(2) If, following the conclusion of the public hearing; the City
Council: (i) determines that Developer is in Default of its non-monetary obligations
under this Agreement or has not been in good faith compliance with this Agreement
pursuant to Section 10.1, as applicable, and (ii) further determines that Developer (or
the Mortgagee, if applicable) has not cured the acts or omissions that constitute the
basis of the determination under clause (i) above or if those acts or omissions could not
be reasonably remedied prior to the public hearing, that Developer (or the Mortgagee)
has not in good faith commenced to cure or correct such acts or omissions prior to the
public hearing or is not diligently and continuously proceeding therewith to completion,
the City Council may terminate or modify this Agreement. The City and Developer
mutually acknowledge and agree that the City cannot unilaterally modify the provisions
of this Agreement pursuant to this Section 11.4 and that any such modification requires
the consent of Developer. In the event that Developer does not consent to a
modification submitted by the City pursuant to this Section 11.4, the City Council may
elect to terminate this Agreement.
11.5 Cessation of Rights and Obligations. If this Agreement is
terminated on account of a Default, the rights, duties and obligations of the parties
hereunder shall cease as of the date of such termination except as otherwise provided
in this Agreement. If the City is the terminating party, then any and all benefits,
including money received by the City, shall be retained by the City.
11:6 Completion of Improvements. Notwithstanding the provisions of
Sections 11.2 through 11.5 above, if prior to termination of this Agreement, Developer
has performed substantial work and incurred substantial liabilities in good faith reliance
upon a building permit issued by the City, then Developer shall have acquired a vested
right to: complete construction of the buildings and improvements in accordance with
the terms of the building permit and occupy or use such buildings upon completion for
the use(s) permitted for that building as delineated in this Agreement. Any building or
improvement completed or occupied pursuant to this Section shall be considered legal
non-conforming subject to all City ordinances standards and policies as they then exist
governing.. legal non-conforming buildings and uses unless the building otherwise
complies with the property development standards for the district in which it is located
and the use is otherwise permitted or conditionally permitted in the district.
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Article 12 MORTGAGEES
12.1 Encumbrances on the Property. The parties hereto. agree that this
Agreement shall not prevent or limit Developer, in any manner, at Developer's sole
discretion, from granting a Mortgage. The City acknowledges that the lender(s)
providing the financing secured thereby may require certain Agreement interpretations
and agrees upon request, from time to time, to meet with Developer and representatives
of such lender(s) to negotiate in good faith any such request for interpretation. The City
will not unreasonably withhold its. consent to any such requested interpretation provided
such interpretation is consistent with the intent and purposes of this Agreement. Any
Mortgagee shall be entitled to the rights and privileges set forth in this Article 12.
(a) Mortgage Not. Rendered Invalid. Except as provided in
Section 12.1 (b) below, neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage
made in good faith and for value.
(b) Priority of Agreement. This Agreement shall be superior and
senior to the lien of any Mortgage recorded on or after Effective Date. Any acquisition
or acceptance of title or any right or interest in or with respect to the Property or any
portion thereof by a Mortgagee (whether pursuant to foreclosure, trustee's sale, deed in
lieu of foreclosure,. lease termination or otherwise) shall be subject to all of the terms
and conditions of this Agreement.
12.2 Right of Mortgagee to Cure Default.
(a) A Mortgagee may, at any time, give a Request for Notice to the
City. If the Request for Notice shall be given, at the same .time the City sends such
notice to Developer, the City shall send to such Mortgagee a copy of each Notice of
Default or Hearing Notice from the City #o Developer which relates to, affects, or
potentially may adversely affect, the interest of Developer in the Property or portion
thereof which serves as security for the Mortgage. The copy of the Notice of Default or
Hearing Notice .sent to the Mortgagee pursuant to this Section 12.2(a) shall be
addressed to such Mortgagee at its address last furnished to the City. The period within
which a Mortgagee may cure a particular Default shall not begin to run until the City has
sent to the Mortgagee such copy of a Notice of Default or Hearing Notice.
(b) The Mortgagee, after the copy of such Notice of Default or
Hearing Notice has been given, shall thereupon have a period of: (1) ten (10) days in
the case of any Default in the payment of money and (2) thirty (30) days in the case of
any other Default, beyond the cure period afforded to Developer under this Agreement,
for remedying the Default or causing the same to be remedied ("Mortgagee's Cure
Period"). If Developer shall be in Default hereunder, such Mortgagee shall have the
right to cure such Default, or cause the same 4o be cured prior to the conclusion of the
Mortgagee's Cure Period and otherwise as herein provided. The City shall accept
performance by any such Mortgagee of any covenant, condition,. or agreement on
37
Developer's part to be performed hereunder with the same force and effect as though
performed by Developer.
(c) The period of time given to the Mortgagee to cure any Default by
Developer which reasonably requires that said Mortgagee be in possession of the
Property to do so, shall be deemed extended to include the period of time reasonably
required by said Mortgagee to obtain such possession (by foreclosure; the appointment
of a receiver or otherwise) promptly and with due diligence, provided, however, that
during such ,period all other obligations of Developer under this Agreement, including,
without limitation, payment of all amounts due, are being duly and promptly performed.
12.3 Mortgagee Not Obligated Under Agreement.
(a) No Mortgagee shall have any obligation or duty under this
Agreement to perform the obligations of Developer's or the affirmative covenants of
Developer's hereunder or to guarantee such performance unless and until such time as
a Mortgagee takes possession or becomes the owner of the estate covered by its
Mortgage, and then only for obligations arising or accruing during or with respect to the
time a Mortgagee is in possession or is the owner under such estate.
(b) Nothing in Section 12.3(a) is intended, -nor should be construed
or applied, to limit or restrict in any way the City's authority to terminate this Agreement,
as against any Mortgagee as well as against Developer if any curable Default
hereunder (including, without limitation, any Default in the payment of any amount due)
is not completely cured within the time period allowed in this Agreement.
Article 13 TRANSFERS AND ASSIGNMENTS
13.1. Transfers/Assignments.
(a) Not Severable from Ownership Interest in Property. This
Agreement shall not be severable from Developer's interest in the Property and any
transfer of the Property or any portion thereof shall automatically operate to transfer the
benefits and burdens of this Agreement with respect to the Property or transferred
portions, as applicable.
(b) Transfer Rights. Developer may, freely sell, transfer, exchange,
hypothecate, encumber or otherwise dispose of all or any part of its interest in .the
Property or any portion thereof, without the consent of the City. Developer shall,
however, give written notice to the City, in accordance with Section 16.1, of any transfer
hereunder, disclosing in such notice (a) the identity of the transferee of the Property, or
such portion, ("Transferee") and (b) the address of such Transferee as applicable.
(c) Multiple Owners. Developer and the City acknowledge that
upon completion of the construction of the Project, it is Developer's intention to transfer
the Leasehold Estate as to Site A and the Leasehold Estate as to Site C to separate
homeowner's associatiohs in connection with the condominiums being constructed on
38
those Sites and that the Leasehold Estate as to Site B may be retained by Developer or
transferred to another -party. At such point as construction of Site A and Site B have
progressed beyond first floor framing, and the Leasehold Estates of Site A and Site C
are held by separate homeowner's associations, the holder of the Leasehold Estate as
to any one Site shall not be responsible for any continuing obligations under this
Agreement applicable to any other Site and no Default relevant to any Site shall
constitute a Default as to any other Site, require curing by any party other than the
holder of the Leasehold Estate applicable to that Site or give the City any remedy as to
any other Site.
13.2 Liabilities Upon Transfer. Upon the delegation of the duties and
obligations under this Agreement and the sale, transfer or assignment of Developer's
interest in the Property, Developer will be released from its obligations under this
Agreement with respect to the Property, arising subsequent to the effective date of such
transfer, if (a) Developer has provided to the City prior or subsequent written notice of
such transfer and (b) the Transferee has agreed in writing to be subject to all of the
provisions hereof applicable to the Property by executing an Assignment and
Assumption Agreement in the form of Exhibit "J" attached hereto (the "Assumption
Agreement"). Provided that Developer complies with .the foregoing requirement, upoh
such transfer of the Developer's interest in the Property, the City agrees to look solely to
the transferee for .compliance with the provisions- of this Agreement. Any such
Transferee shall be entitled to the benefits of this Agreement as "Developer" hereunder
and shall be subject to the. obligations of this Agreement. Failure to deliver a written
Assumption Agreement hereunder shall not affect the transfer of the benefits and
burdens as provided in Section 13.1, provided, however, that the transferor shall not be
released from its obligation hereunder unless and until the executed Assumption
Agreement is delivered to the City. Notwithstanding any provision to the contrary in this
Agreement, nothing in this Agreement shall be constructed, .construed,. implied,
interpreted, deemed to supersede, or in any way alter, modify, waive, reduce, void, or
change the effect, intent, and/or enforceability of any transfer and/or assignment
provision in the DDA.
Article 14 INDEMNITY TO CITY
14.1 Indemnity. Developer agrees to and shall defend, indemnify and
hold harmless the City, .its City. Council, boards. and commissions, officers, agents,
employees, volunteers. and other representatives (collectively referred to in this Ar#icle
as "City") from and against any and all loss, liability, damages, cost, expense, claims,
demands, suits, attorney's fees and judgments (collectively referred to as "Damages"),
including but not limited to claims for damage for personal injury (including death) and
claims for property damage arising directly or indirectly from the following: (a) for any
act or omission of Developer or those of its officers, board members, agents,
employees, volunteers, contractors, subcontractors or other persons acting on its behalf
(collectively referred to in this Article as "Developer") which occurs during or relates to
this Agreement; (b) for any act or omission related to the operations of Developer,
including but not limited to the maintenance and operation of areas on the Property
39
accessible to the public. Developer's obligation to defend, indemnify and hold harmless
applies to all actions and omissions of Developer's as described above caused or
alleged to have been caused in connection with the Project or Agreement; except to the
extent any Damages are caused by the active negligence or willful miscohduct of the
City. This Section 14.1 applies to all Damages suffered or alleged to have been
suffered regardless of whether or not the City prepared, supplied or approved plans or
specifications or both for the Project..
14.2 City's Right to Defense. The City shall have the right to approve
legal counsel retained by Developer to defend any claim, action or proceeding which
Developer is obligated to defend pursuant to Section 14.1, which approval shall not be
unreasonably. withheld or delayed. In the event that any conflict of interest results
during the mutual representation of the City and Developer in defense of any such
action, or in the event of the City's reasonable dissatisfaction with counsel retained by
Developer, the City shall have the right (a) at Developer's cost and expense, to have the
City Attorney undertake and continue with the City's defense, or (b) with Developer's
approval, which shall not be unreasonably withheld or delayed, to select separate
outside legal counsel to undertake and continue the City's defense..
Article 15 ADDITIONAL AGREEMENTS
15.1 Other Agreements. The City acknowledges that certain additional
agreements, including but notlimited to Sign Agreements, Maintenance Agreements,
and Water Agreements, may be necessary to effectuate the intent of this Agreement
and facilitate development of the Project. The City shall acknowledge and authorize the
preparation, execution and recordation of those additional agreements.
Article 16 GENERAL PROVISIONS
16.1 Notices. All notices under this Agreement shall be in writing and
shall be deemed delivered when personally received by the addressee, or within three
(3) calendar days after deposited in the United States mail by registered or certified
mail, postage prepaid, return receipt requested, to the following parties and their
counsel at the addresses indicated below, provided, however, if any party to this
Agreement delivers a notice or causes a notice to be delivered to any other party to this
Agreement, a duplicate of that Notice shall be concurrently delivered to each other party
and their respective counsel
To City: City of Santa Monica
1685 Main Street, Room 204
Santa' Monica, California 90401
Attention: City Manager
With a Copy to: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, California 90401
40
Attn: Planning and Community Development Director
To Developer: Related\Santa Monica Village, L.L.C.
c/o The Related Companies of California
18201 Von Karman, Suite 900
Irvine, California 92612
Attn: William A. Witte, President
With a Copy to: Harding Larmore Mullen Jakle Kutcher & Kozal, LLP
1250 Sixth Street, Suite 300
Santa Monica, California 90401
Attention: Christopher M. Harding, Esq.
Notice given in any other manner shall be effective when received by the addressee.
The addresses for notices may be changed by notice given in accordance with this
provision.
16.2 Entire Agreement: Conflicts. This Agreement represents the entire
agreement of the parties. The Recitals are incorporated into and form an integral part of
this .Agreement. This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous agreements
between the parties or their predecessors in interest with respect to all or any part of the
subject matter hereof. Should any or all of the provisions of this Agreement be found to
be in conflict with any other provision or provisions found in any of the Existing
Regulations (other than the General Plan and the CCSP, which the City Council have
determined to be consistent with this Agreement), then the provisions of this Agreement
shall prevail. Should any of the Conditions of Approval attached hereto as Exhibit "C"
conflict with any of the Mitigation Measures attached hereto as Exhibit "C", the more
stringent or exacting requirement shall control
16.3 Binding Effect. It is intended and determined that the provisions of
this Agreement shall constitute covenants which shall run with the land comprising the
Property during the Term for the benefit thereof and that the burdens and benefits
thereof shall bind and inure to the benefit of all successors-in-interest to the parties
hereto. Every party who now or hereafter owns or acquires any right, title, or interest in
or to any portion of the Project during the Term is and shall be conclusively deemed to
have consented and agreed to every provision contained herein, to the extent relevant
to said right, title or interest, whether or not any reference to this Agreement is
contained in the instrument by which such person acquired an interest in the Project.
16.4 Agreement Not for Benefit of Third Parties. This Agreement is
made and entered into for the sole protection and benefit of Developer and the City and
their respective successors and assigns. No other person shall have any right of action
based upon any provision of this Agreement.
41
16.5 No .Partnership or Joint Venture. Nothing in this Agreement shall
be deemed to create a partnership or joint venture between the City and Developer or to
render either party liable in any manner for the debts or obligations of the other.
16.6 Estoppel Certificates. Either party may; at any time, and from time
to time, deliver written notice to the other party requesting such party to certify in writing
(the "Estoppel Certificate"): (a) that this Agreement is in full force and effect; (b) that
this Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the amendments; (c) whether or not, to the knowledge of the
responding party, the requesting party is in Default or claimed Defaulf in the
performance of its obligations under this Agreement, and, if so, describing the nature
and amount of any such Default or claimed Default; and (d) whether or not, to the
knowledge of the responding party; any event has occurred or failed to occur which,
with the passage of time or the giving of notice, or both, would constitute a Default and,
if so, specifying each such event. A party receiving a request hereunder shall execute
and return such Certificate within thirty (30) days following the receipt thereof. If the
party receiving the request hereunder does. not execute and return the certificate in
such 30-day period and if circumstances are such that the party requesting the notice
requires such notice as a matter of reasonable business necessity, the party requesting
the. notice may seek a second request which conspicuously states both "FAILURE TO
EXECUTE THE REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15)
DAYS SHALL BE DEEMED WAIVER PURSUANT TO SECTIONS 16.6 AND 16.13 OF
THE DEVELOPMENT AGREEMENT." and which sets forth the business necessity for a
timely response to the estoppel request. If the party receiving the request fails to
execute the Estoppel Certificate within such 15-day period,. it shall be conclusively
deemed that the Agreement is in full force and effect and has not been amended or
modified orally or in writing, and that there are no uncured defaults under this
Agreement or any events which, with passage of time of giving of notice, of both, would
constitute a default under the Agreement. The City Manager shall have the right to
execute any Estoppel Certificate requested by Developer under this Section 16.6. The
City acknowledges that an Estoppel Gertificate may be relied upon by any Property
Transferee, Mortgagee or other. party.
16.7 Time. Time is of the essence for each provision of this Agreement of
which time is an element.
16.8 Excusable Delavs.
(a) In addition to any specific provisions of this Agreement, non-
performance by Developer or its obligations under this Agreement shall be excused
when it has been prevented or delayed by reason of any act, event or condition beyond
the reasonable control of Developer (collectively, "Excusable Delavs") for any of the
following reasons:
(1) War, insurrection, riots, floods, earthquakes, fires,
casualties, acts of God, acts of terrorism or similar grounds for excused performances;
42
(2) Governmental restrictions or moratoria imposed by the City
or by other governmental entities or the enactment of conflicting State or Federal laws
or regulations;
(3) The imposition of restrictions or moratoria by judicial
decisions or by litigation, contesting the validity, or seeking the enforcement or
clarification of, this Agreement whether instituted by Developer, the City or any other
person or entity, or the filing of a lawsuit by any third party. challenging this Agreement
or any permit or approval that is necessary for the implementation of the Project,
provided that Developer provides the City with substantial evidence that the filing of
such litigation actually delays the Project, including by delaying the obtaining of
financing;
(4) The institution of a referendum pursuant to California
Government Code Section 65867.5 or a similar public action seeking to in any way
invalidate, alter, modify or amend the ordinance adopted by the City Council approving
.and implementing this Agreement;
(5) Inability to secure necessary. labor, materials or tools, due to
strikes, lockouts, or similar labor disputes;
(6) Failure of the City to timely perform its obligations
hereunder; and
(7) Failure of the Redevelopment Agency to timely perform its
obligations under the DDA, the Ground Lease or any other agreement between
Developer and the Redevelopment Agency.
(b) Under no circumstances (except as provided in
Section 16.8(a)(3) above) shall the inability of Developer to secure financing be an
Excusable Delay to the obligations of Developer.
(c) In order for an extension of time to be granted for any Excusable
Delay identified in this Section 16.8, written notice of the Excusable Delay must be
given by Developer within thirty (30) days that Developer becomes aware of the
Excusable Delay. The extension of time for an Excusable Delay shall be for the actual
period of the delay.
16.9 Governing -Law. This Agreement shall be governed exclusively by
the provisions hereof and by the laws of the State of California.
16.10 Cooperation in Event of Legal Challenge. In the event of any court
action or .proceeding challenging the validity of this Agreement, Developer shall
indemnify the City as provided in Section 14.1 above. The City shall cooperate with
Developer in any such defense as Developer may reasonably request.
43
16.11 Attorneys' Fees. If any party commences any action for the
interpretation, enforcement, termination, cancellation or rescission of this Agreement, or
for specific performance for the breach hereof, the prevailing party shall be entitled to its
reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees under this
Section shall include attorneys' fees on any appeal as well as any attorneys' fees
incurred in any post-judgment proceedings to collect or enforce the judgment Such
attorneys' fees shall be paid whether or not such action is prosecuted to judgment. In
any case where this Agreement provides that the City or Developer is entitled to recover
attorneys' fees from the other, the party so entitled to recover an amount equal to the
fair market value of services provided by attorneys employed by it as well as any
attorneys' fees actually paid by it to third parties. The fair market value of the legal
services for public attorneys shall be determined by utilizing the prevailing billing rates
of comparable private attorneys.
16.12 Recordation. The parties hereto shall cause this Agreement to be
recorded in the Official Records of the- County of Los Angeles. The cost, if any, of
recording this Agreement shall be borne by Developer.
16.13 No Waiver. No waiver of any provision of this Agreement shall be
effective unless in writing and signed by a duly authorized representative of the party
against whom enforcement of a waiver is sought and referring expressly to this
Section 16.13. No delay or omission by either. party. in exercising any right or power
accruing upon non-compliance or failure to perform by the other party under any of the
provisions of this Agreement shall impair any such right or power or be construed to be
a waiver thereof, except as expressly provided herein. No waiver by either party of any
of the covenants or conditions to be performed by the other party shall be construed or
deemed a waiver of any succeeding breach or nonperformance of the same or other
covenants and conditions hereof of this Agreement.
16.14 Construction. The parties agree that each party. and its legal
counsel have reviewed and revised this Agreement and that any rule of construction to
the effect that ambiguities are to be resolved against the drafting party shall not apply in
the interpretation of this Agreement or any amendments or exhibits thereto.
16.15 Other Governmental- Approvals. Developer may. apply for such
other permits and approvals as may be .required for development of the Project in
accordance with this Agreement from other governmental or quasi-governmental
agencies having jurisdiction over the Project Land including, without limitation, applying
for issuance of a Coastal Development Permit by the California Coastal Commission
with respect to this Agreement. The -City shall reasonably and expeditiously cooperate
with Developer in its endeavors to obtain such permits and approvals. Additionally:
(a) Further Assurances;. Covenant to Sipn Documents. Each
party shall take all actions and do all things, and execute, with acknowledgment or
affidavit, if required, any and all documents and writings, that-may be necessary or
.proper to achieve the purposes and objectives of this Agreement.
44
(b) Processing. Upon satisfactory completioh by Developer of all
required preliminary actions and payments of appropriate processing fees, if any, the
City shall, subject to all legal requirements, promptly initiate, diligently process, and
complete at the earliest possible time all required steps, ahd expeditiously act upon any
approvals and permits necessary for the development by Developer of the Property in
accordance with this Agreement, including,.but not limited to, the following:
(1) the processing of applications for. and issuing of all
Discretionary Approvals requiring the exercise of judgment and deliberation by the City;
(2) the holding of any required public hearings; and
(3) the processing of applications for and issuing of all City
Technical Permits pursuant to Article 7 above requiring the determination of
conformance with the Existing Regulations.
(c) No Revocation. Approval or future approval for the
development of the Project or the Property shall not be revoked or subsequently
disapproved once issued by the City provided that the development of the Project or the
Property is in accordance with such approval. Any disapproval by the City shall state in.
writing the reasons for such disapproval and the suggested actions to be taken in order
for approval to be granted.
(d) Processing During Third Party Litigation. In the event of the
filing of any third party lawsuit(s) against City or Developer relating to the EIR, this
-Agreement or other development issues affecting the Project, the City shall not delay or
stop. the development, processing or construction of the Project, approval of future
approvals, or issuance of City Technical Permits, unless the third party obtains a court
order preventing the activity. The City shall not stipulate orfail to oppose the issuance
of any such order.
(e) State, Federal or Case Law. Where any state, federal or case
law allows the City to exercise any discretion or take any act with respect to that law,
the City shall, in an expeditious and timely manner, at the earliest possible time, (a)
exercise its discretion in such a way as to be consistent with; and carry out the terms of,
this Agreement and (b) take such other actions as may be necessary to carry out in
good faith the terms of this Agreement.
16.16 Venue. Any legal action or proceeding arising out of this Agreement
shall be instituted in the Superior Court of the County of Los Angeles, State of
California, in any other appropriate court in that County, or in the Federal District Court
for the Central District of California.
16.17 Exhibits. The following exhibits which are part of this Agreement are
attached hereto and each of which is incorporated herein by this reference as though
set forth in full:
45
Exhibit "A" Legal Description of Project Land
Exhibit "B" Tentative Tract Maps
Exhibit "C" Conditions of Approval and Environmental Mitigation
Measures
Exhibit "D" Mitigation Monitoring Program
Exhibit "E" Construction Permit Fee Schedule
Exhibit "F Infrastructure Improvements
Exhibit F-1" t Infrastructure Improvement Diagrams
Exhibit "G" Existing Regulations
Exhibit "H" Easements Diagrams
Exhibit "I" Palisades Garden Walk
Exhibit "J" Assignment and Assumption Agreement
Exhibit "K" Income/Rent Limits for Affordable Dwelling Units on
Site B
Exhibit "L" Project Plans
In the event that any inconsistencies exist between the Exhibits and the text of this
Agreement, the text of this Agreement shall prevail.
16.18 Counterpart Signatures. The parties may execute this Agreement
on separate signature pages which, when attached hereto, shall constitute one
complete Agreement.
16.19 Certificate of Completion. Upon the City's issuance of .temporary
certificates of occupancy for the Project, or upon performance of this Agreement or its
earlier revocation and termination, City shall provide Developer, upon Developer's
request, with a certification evidencing said completion, termination or revocation and
the release of Developer from further obligations hereunder. Such certificate shall be
signed by the appropriate agents of Developer and City and shall be recorded in the
official records of Los Angeles County, California. Such certificate is not a notice of
completion as referred to in California Civil Code Section 3093.
46
.16.20 Operating Memoranda. The provisions of this Agreement require a
close degree of cooperation between the City and Developer. During the Term of this
Agreement, clarifications to this Agreement and the Existing Regulations .may be
appropriate with respect to the details of performance of the City and Developer. If and
when, from tame to time, during the terms of this Agreement, the City and Developer
agree that such clarifications are necessary or appropriate, they shall effectuate such.
clarification through operating memoranda approved in writing by the City and
Developer, which, after execution, shall be attached hereto and become part of this
Agreement and the same .may be further clarified from time to time as necessary with
future written approval by the City and Developer. Operating memoranda are not.
intended to and cannot constitute an amendment to this Agreement but shall be mere
ministerial clarifications, therefore public notices and hearings shall not be required.
The City Attorney shall be authorized, upon consultation with, and approval of,
Developer, to determine whether a requested clarification may be effectuated pursuant
to this Section or whether the requested clarification is of such character to constitute an
amendment hereof which requires compliance with the provisions of Section 8.1 above.
The authority to enter into such operating memoranda is hereby delegated to the City
Manager and the City Manager is hereby authorized to execute any operating
memoranda hereunder without further Council action.
16.21 Acknowledgments, Agreements and Assurance on the Part of
Developer.
(a) Developer's Faithful Performance. The parties acknowledge
and agree that Developer's faithful performance in developing the Project on the
Property and in constructing and installing certain public improvements pursuant to this
Agreement and complying with the .Existing Regulations will fulfill substantial public
needs. .The City acknowledges and agrees that there is good and valuable
consideration to the City resulting from Developer's assurances and faithful
performance thereof and that same is in balance with the benefits conferred by the City
on the Project. The parties further acknowledge .and agree that the exchanged
consideration hereunder is fair, just and reasonable. Developer acknowledges that the
consideration is reasonably related to the type and extent of the impacts of their
respective projects. on the community and the Property, and further acknowledge that
the consideration is necessary- to mitigate the direct 'and indirect impacts caused by
Developer on the Property.
(b) Obligations to be Non-Recourse. As a material element of this
Agreement, and as an inducement to Developer to enter into this Agreement, each of
the parties understands and agrees that the City's remedies for .breach of the
obligations of Developer under this Agreement shall be limited as described in
Section 11 above.
16.22 Not a Public Dedication. Except as otherwise expressly provided
herein, nothing .herein contained shall be deemed to be a gift or dedication of the
Property, or of the Project, or any portion thereof, to the general public, for the general
public, or for any public use or purpose whatsoever.
47
16.23 Severability and Termination. If any provision. of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable, or if any
provision of this Agreement is superseded or rendered unenforceable according to any
law which becomes effective after the Effective Date, the remainder of this Agreement
shall be effective to the extent the remaining provisions are not rendered impractical to
perform, taking into consideration the purposes of this Agreement.
[The balance of this page has been intentionally left blank.]
48
IN WITNESS WHEREOF, this Development Agreement has been entered into as
of the Effective Date.
DEVELOPER:
RELATED/SANTA MONICA VILLAGE, LLC,
a California limited liability company
By: The Nichols Company, Inc.,
its Non-Member Manager
By' -
Name:
Title:
CITY:
CITY OF SANTA MONICA,
a Municipal Corporation
By:
P. Lamont Ewell
City Manager
ATTEST:
By:
MARIA M. STEWART
City Clerk
APPROVE,}/f~, TO FORMM: ~~ {/,, ,
By: .i'f ~~~'_~ ~ ~t°~-i~l ice! ~'~ ~Z! r-~G~
MARSHA JOKIES` MOUTFd~'IE
City ~ttorney ' ~
49
EXHIBITS "A" THROUGH "L", INCLUSIVE, TO THE DEVELOPMENT AGREEMENT
ARE ON FILE WITH THE CITY CLERK
50
E/~1 1'~'~ 6L /~ 77
Legal Description of Project Land
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EXHIBIT A SHEET T OF 7
LEGAL DESCRIPTION e
A PARCEL OF LAND SITUATED W THE CITY OF SAP'TA MONICA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, BEING A PORTION OF THE t2ANCH0 SAN VICENTE Y SANTA MONICA
AS PER MAP RECORDED IN BOOK 3, PAGES 31 AND 32 OF PATENTS AND A PORTION OF
SCOTTS ADDITION TO SANTA MONICA, AS PER MAP RECORDED 1N BOOK 7 PAGES 58 AND
59 OF MISCELLANEOUS RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND CRY ENGINEER SPIKE AND WASHER MARKING THE CENTERLINE
INTERSECTION OF OCEAN AVENUE AND PICO BULEVARD, AS SAID CENTERLINE
INTERSECTION IS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK. 112, PAGE 45 OF
RECORD OF SURVEYS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTERLINE
NORTH 44°19'DO" WEST 351.55 FEET; THENCE NORTH 45°41'00" EAST 50.00 FEET TO THE
MOST SOUTHERLY CORNER OF LOT 7 OF TRACT NO. 1347 AS PER MAP RECORDED IN BOOK
18, PAGE 89 OF MAPS, IN SAID OFFICE OF THE COUN'N RECORDER, SAID POINT BEING THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID RECORD OF
SURVEY AS NORTH 45°41'D9° EAST 349.82 FEET; THENCE ALONG SAID CERTAIN COURSE
NORTH 45°41'09".EAST 160.01 FEET; THENCE ALONG THE SOUTHEASTERLY PROLONGATION
OF THE NORTHEASTERLY LINE OF SAID SCOTTS ADDffION OF SANTA MONICA NORTH
44°18'57" WEST 292.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
NORTHEASTERLY LINE OF SCOTT'S ADDITION TO SANTA MONICA NORTH 44°18'57" WEST
2D3.38 FEET TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE~OF
LOT 13 OF SCOTTS ADDITION TO SANTA MONICA; THENCE SOUTHWESTERLY ALONG SAID
PROLONGATION AND ALONG THE SOUTHEASTERLY tiNE'Or SAID'LOT 13; SOtiTt# 45°40'39""
WEST 160.D2 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 13, SAID POINT BEING
ON THE NORTHEASTERLY SIDELINE OF OCEAN AVENUE (100 FEET WIDE); THENCE ALONG
SAID SIDELINE NORTH 44°19'00" WEST 255.21 FEET; THENCE LEAVING SAID SIDELINE NORTH
45°41'02" EAST 519.71 FEET TO THE SOUTHWEST SIDELINE OF MAIN STREET (80 FEET WIDE);
THENCE ALONG SAID SIDELINE SOUTH 44°18'56" EAST 47.61 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A RADIUS OF 200.00 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 58°50'19" WEST; THENCE SOUTHERLY 135.98
.FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°57'16'; THENCE TANGENT TO
SAID CURVE SOUTH 7°47'35" EAST 418.59 FEET TO THE TRUE POINT OF BEGINNING.
Contains 121,542 sq. ft., or 2.790 acres, more or less.
As shown on Exhibit "B° attached hereto and by this X04"'""sUR~
reference made a part hereof. U~~SP~K.rmickF(s
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License Expires 06/30/09 "TFoF,,,~,FO~
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4
RELATED LEASE SITES A & B.txt
Parcel name: RELATED LEASE SITES A
North: 5406.321
Line Course: N 44-18-57 W
North: 5551.839
Line Course: s 45-40-39 w
'North: 5440.034
Line Course: N 44-19-00 W
North: 5622.634
Line Course: N 45-41-02 E
North: 5985.712
Line course: 5 44-18-56 E
North: 5951.647
curve Lenggth: 135.98
Delta: 38-57-16
Chord: 133.37
Course In: 5 58-50-19 E
RP North: 5848.157
End North: 5821.037
Line Course: 5 07-47-35 E
North: 5406.313
East 7831.900
Length: 203.38
East ; 7689.816
Length: 160.02-
East 7575.334
Length: 255.21
East 7397.039
Length: 519.71
East 7768.884
Length: 47.61
East : 7802.150
Radius: 200.00
Tangent: 70.73
Course: 5 11-41-03 W
Course Out: S 62-12-25 w
East 7973.293
East 7775.140
Length: 418.59
East 7631.899
Perimeter: 1740.49 Area: 121,542 sq.ft. 2.79 acres
Mapcheck Closure - (uses listed courses, radii, and deltas)
Error Closure: 0.007 Course: 5 06-05-34 w
Error Nortfi: -0.0073 East.: -0.0008
.precision 1: 248,642.86.
Page 1
EVLJ'~'~ 6677
Tentative Tract Maps
Exhibit B Tentative Map
APPROVED fOR CITY ENGINEER
CITY OF SANTA MONICA
V~~T~, \~
TENTATIVE TRACT MAP
NO. ~9~2~
FOR CONDOMINIUM AND RETAIL PURPOSES
IN THE CITY OF SANTA MONICA, COUNTY OF
LEGAL DESCRIPTION LOS ANGELES, STATE OF CALIFORNIA
A PARCEL OF LAND SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF THE RANCHO SAN VICENTE Y }
SANTA MONICA AS PER MAP RECORDED IN BOOK 3 PAGES 30 AND 31 OF PATENTS ,Q
AND A PORTION OF SCOTT'S ADDITION TO SANTA MONICA, AS PER MAP RECORDED IN
BOOK 7 PAGES 58 AND 59 OF MISCELlANE0U5 RECORDS, AND A PORTION OF TRACT w~'
N0. 1347 AS PER MAP RECORDED IN BOOK 18 PAGE 89 OF MAPS, RECORDS OF LOS
ANGELES COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW:
BEGINNING AT A FOUND CITY ENGINEER SPINE AND WASHER MARKING THE
CENTERLINE INTERSECTION OF OCEAN AVENUE AND PICO BOULEVARD AS SAID
CENTERLINE INTERSECTION IS SHOWN ON SAID RECORD OF SURVEY RECORDED IN
BOOK 112, PAGE 45 OF RECORD OF SURVEYS; THENCE ALONG SAID CENTERLINE
NORTH 43'57'50" WEST 351.545 FEET; THENCE NORTH 46'02'10" EAST 50.00 FEET TO
THE MOST SOUTHERLY CORNER OF LOT 7 OF TRACT 1347, SAID POINT BEING THE
50UTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID RECORp OF
SURVEY AS NORTH 45'41'09° EAST 349.82 FEET; THENCE ALONG SAID CERTAIN
COURSE NORTH 46'02'19" EAST i6D.0i FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE SOUTH 46'02'19" WEST 160.01 FEET TO THE M05T
SOUTHERLY CORNER OF SAID LOT 7, SAID POINT BEING THE NORTHEASTERLY
SIDELINE OF bCEAN AVENUE (100 FEET WIDE); THENCE ALONG SAID SIDELINE NORTH
43'ST50" WEST 267.84 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY
22 FEET OF LOT 18 OF SCOTT'S ADDITION TO SANTA MONICA; THENCE ALONG SAID
NORTHWESTERLY LINE AND THE NORTHEASTERLY PROLONGATION OF SAID LINE NORTH
46'pi'39" EAST 160.01 FEET TO THE NORTHEASTERLY LINE OF SCOTT'S ADDITION TO
SANTA MONICA; THENCE ALONG SAID NORTHEASTERLY LINE AND ALONG THE
SOUTHEASTERLY PROLONGATION OF SAIp LINE SOUTH 43'ST47" EAST 267.87 FEET
TO THE TRUE POINT OF BEGINNING.
BASIS OF BEARINGS NOTE FOR THE ABOVE LEGAL DESCRIPTION:
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION 15 THE BEARING OF NORTH
43'57'50" WEST FOR THE CENTERLINE OF OCEAN AVENUE (100 FEET WIDE). THIS
BEARING WAS DERIVED FROM GPS MEASUREMENTS; THIS 15 THE SAME CENTERLINE
SHOWN AS HAVING A BEARING OF NORTH 44'19b0° WEST pN RECORD OF SURVEY
RECORDED IN BOOK 112 PAGE 45 IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY.
(APNS: 4290-014-905, 4290-014-907 ANO 4290-075-911)
UTILITY PURVEYORS
STORM GRAIN: LACPw LACPW
CONSTRUCTION DIVISION LAND DEVELOPMENT DIVISION
CONTACT: TIM BAZINET CONTACT: ERIC REVERA
900 S. FREMONT AVE. 900 S, FREMONT AVE.
ALHAMBRA, CA 91803 ALHAMBRA, CF. 91 BD3
(626)458-3122 (626)458-4921
CITY OF SANTA MONICA
CONTACT: ANTONIO SHAIBANI
1437 4TH ST, SUITE 300
SANTA MONICA, CA 90401
TEL: (310) 458-8926
TEL: (310) 458-8926
SEWER: CITY OF SANTA MONICA
ENVIRONMENTAL & PUBLIC WORKS
MANAGEMENT DEPT. EPWM)
CONTACT: SUSAN L WELL
1212 FIFTH ST, 3RD F100R
401
T
1
C
TEL:
(370)
459
82B6
FAX; (310) 393-6697
WATER: CITY OF SANTA MONICA
ENVIRONMENTAL & PUBLIC WORKS
MANAGEMENT DEPT. EPWM)
ES
10N2A
S
E
O ENGINEER
FIFTH
T
3RD F
LOOR
S
ANTq MONICA, CA 90401
TEL: (310) 458-8286
FAX: (310) 393-6697
ELECTRICAL: SOUTHERN CALIFORNIA EDISON
CONTACT: BETRICE COLEMAN
7721 22ND ST
SANTA MDNIGA, cA soao4
TEL: (310) 315-3215
FAX: (310) 310-3217
TELEPHONE/DATA: VERIZON SBC
2943 EXPOSITION BLVD 41 SOUTH CHESTER AVE, ROOM 202
SANTA MONICA, CA 90404 PASADENA, CA 91206
TEL: (310) 264-5677 TEL: (626) 356-7326
FAX: (310) 394-2479 FA%; (626) 396-7045
GAS: SOUTHERN CALIFORNIA GAS COMPANY
CONTACT: JAVIER MEZA
1701 STEWARD ST
SANTA MONICA, CA 90407
TEL: (310) 264-4624
FAX: (310) 828-9176
CABLE: TIME WARNER CABLE
2939 NEBRASKA AVE
SANTA MONICA, CA 90404
TEL: (310) 829-7079
FAX: (310) 453-2178
TOPOGRAPHY NOTE:
THE TOPOGRAPHY SHOWN HEREON IS BY
EARTH GRAPHICS, INC. 17 SPECTRUM
POINTE DR., SUITE 505 LAKE FOREST,
CA 92630 PHOTO DATE: 02/20/07
BASIS OF BEARINGS:
BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NORTH 44' 18' 56"
WEST FOR THE CENTERLINE OF MAIN STREET, AS SHOWN ON RECORD OF
SURVEY RECORDED IN BOOK 112 PAGE 45 OF RECORDS OF SURVEY IN THE
OFFICE OF THE COUNTY SURVEYOR OE LOS ANGELES COUNTY, CALIFORNIA.
BENCHMARK:
BENCHMARK DESIGNATION: CITY OF SANTA MONICA BENCHMARK 434-5
ELEVATION 56.970 FEET
MONUMENT DESCRIPTION: P.K. NAIL IN LEAD IN NORTH CURB RETURN OF
OCEAN AVENUE AND COLORADO AVENUE 11.5 FEET NORTHEAST OF
NORTHEAST CURB OF OCEAN AVENUE 2.0 FEET NORTHWEST OF NORTHWEST
CURB OF COLORADO AVENUE
SHEET 1 OF 4 SHEETS
DATE: MAY 12, 200$
~.,
VICINITY MAP
NTS
GENERAL NOTES
1. E%ISTING LAND USE: VACANT
2. PROPOSED LAND USE: RF.SIDENTIAI & RETAIL (MIXED USE)
3. EXISTING ZONING: CC
4. PROPOSED ZONING: CCSP
5. SITE IS WITHIN 60-65 COMMUNITY NOISE EQUIVALENT LEVEL CONTOURS
6, SUBJECT PROPERTY IS SERVED BY PUBLIC GAS, WATER, ELECTRIC, PHONE AND
SEWER UTILITIES CURRENTLY IN PLACE
7. UNIT SUMMARY:
98 UNI15 OF RESIDENTIAL CONDOMINIUMS TO BE PROVIDED
7,400 SF OF RETAIL TO BE PROVIDED (TO BE SUBDIVIDED INTO NO MORE THAN 4
COMMERCIAL CONDOMINIUM LOTS)
e. PARKIIJG SUMMARY:
2.0 SPACES PER RESIDENTIAL UNIT
1.0 SPACE PER 5 RESIDENTIAL UNITS FOR VISITORS
1.0 SPACE PER 300 SF OF RETAIL /RESTAURANT SPACE
9. AREA SUMMARY:
GROSS AREA = 42,860 SF (0.984 AC)
NET AREA = 37,937 SF (0.871 AC)
10. THE PROPOSED BUILDING WILL NOT EXCEED 96' IN HEIGHT.
11. THE PROPOSED PROJECT SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN
SMMC SECTION 9.D4.10.08 (OFF-STREET PARKING REQUIREMENTS).
12. OWNER/SUBDIVIDER SHALL COMPLY WITH ALL REQUIREMENTS FROM CITY OF SANTA
MONICA DEPARTMENT OF ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT,
13. THE ENTIRE SITE SHALL DRAIN TO THE ADJACENT STREET WITHOUT FLOWING OVER
THE SIDEWALK, TO THE SATISFACTION OF THE CITY ENGINEER.
14. PLANS WILL BE PREPARED TO SATISFY THE REQUIREMENTS OF SMMC CHAPTER
7.10 (URBAN RUNOFF POLLUTION).
15. THE PROJECT AREA IS NOT SUBJECT TO INUNDATION/STORM WATER OVERFLOW
OWNER
THE REDEVELOPMENT AGENCY OF THE CITY OF SAM'A MONICA
1685 MAIN ST, ROOM 212
SANTA MONICA, CA 90401
TEL: (310) 458-2232
FAX: (310) 458-3380
suBDIVIDER
RELATED/SANTA MONICA VILLAGE, LLC
16201 VON KARMAN AVE, SUITE 900
IRVINE, CA 92612
TEL: 949-860-7272
FAX: 949-660-7273
SOILS ENGINEER
KUL BUSHAN
GROUP DELTA CONSULTANTS, INC
92 ARGONAUT, SUITE 120
AlI50N VIEJO, CALIFORNIA 92656
TEL: (949) 609-7020
FAX: (949) 609-1030
CIVIL ENGINEER
ORIANA SLASOR, P.E.
RCE N0
C63451
.
FUSCOE ENGINEERING
INC QA 8
,
.
16795 VON KARMAN, SUITE 100 L,
EL
IRVINE, CA 92606 a Ib CeHa61 4
TEL: (949) 474-1960
FAX: (949) 474-5315 * ~, a
ORIANA A. SU150R RCE#C63451 GATE
PROJECT ADDRESS SHEET INDEX
1735 OCEAN AVE TITLE SHEET 7
SANTA MONICA
CA 90401 HORIZONTAL CONTROL PLAN2
, SITE PLAN 3
NPICAL STREET SECTIONS ~4
..•, •.. ~ ,~w~.... , ~.,~~.~ ~,.....~ m ~ ~ ~ ., ~.,,.,,",.mow"~+~. - >„oMii i". "~a>~u ."rc"iivo "cuwnuwm - ent c~nno rmaoe w: wruoe ~ooq
APPROVED FOR CITY ENGINEER
CITY Of SANTA MONICA
BY:
5'
VESTING
TENTATIVE TRACT MAP
N0. 6982'
FOR CONDOMINIUM AND RETAIL PURPOSES
IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
~~ \~
. `~ ,
\~ ~ ~,
H
;~
a> ~~ ~\ ~~
\ \
\ ~ 1 ~ X19
L 12
_._I_.__..J
FXI8TIN6
BUBDINO
173 OCEAN A
ii
3
__L_., 13
'r•
~~ cam, -
p
~)
OI uN
- {- - 1 - '~,~ i-
7111
_ ~ ~ r--~- U --- °I -- -----_
- _
9 -
~
II j I p 10
~ I
t' 4
it
;I
~
LO]' 1
~,
W ~ i735 OCBAN AVk'
~ °I
~
,
33' i 10'I PROPOSED BLDG
) (GROUND LEVEL) ~
i 1 (BELOW GRADE
D I
O
i
it 15.8' . ~
,
'n
Iii 'vn L '~
.___-
-I
I M . II- N N
44.19'00
~ ~-I = _. 1L tom, 267.84 . -. ~.
1x%1 ZO
W
l/~.- J.
Bxlarnva BunaND
T/7a NUUN 8T
__.J
PROPOSED BLRG
(OVERHANG)
OCEAN AVENUE
_ N40.'19'00"W
- 1984.45'
G
...... ~ - I I 1
EASEMENT NOTES
Oj AN EA5EMENF FOR ALLEY ANO INCIpENTM, PURPOSES, RECORDED SEPTEMBER 24,
1914. IN5RUMENT N0. 142 OF OFFICIAL RECORDS.
O AN EA9EMEM Fqq A LIGHT ANb Nft SHAFT AND INCIDENTAL PURPOSES RECORDEp IN
BOOK 4928. PAGE 172 OF DEEDS.
AN FA9EMENT FOR SEWER AND INCIDENTAL PURPOSES, RECORDED IN BOOK 8]3B,
PAGE 396 OF OFFCIAL RECORDS.
O AN EASEMENT FOR ALLEY PURPOSES AND INCIDENTAL PURPOSES RECORDED MAY 8,
1940, INSTRUMENT N0. 1344 OFFICIAL RECORDS
O THE RIGHT TO MAINTAIN ANO USE THE 10 FOOT SI% INCH SEMI-ELLIPTICAL BRICK
STORM DRPIN AS RESEPVED BY THE CRY OF SANTA MONICA, A MUNICIPAL
CORPORATION, IN THE DEED RECORDED SEPTEMBER 14, 1951 AS INSTRUMENT NO.
1994, IN BOOK 3]203 PAGE 320, OFFICIPL RECORDS,
O AN EASEMENT FOR CON5TRUCRNG, MAINTAINING. OPERARNG, REPLACING, REMOVING
AND RENEWING ALL SANITARY SEWERS, STORM DRAINS, WATER MAINS qND OTHER
PUBLIC FACILITIES ANO APPURTENANT STRUCTURES ANp INCIDENTPL PURPOSES,
RECORDED MARCH 1], 1981, AS INSTRUMENT N0. 3580 OF OFFICIAL RECORDS.
O AN EASEMENT FOR RIGHT OF WAY TO CONSTRUCT, USE. MAINTAIN, ALTER, ADD TO,
REPAIR, REPLACE ANp/OR REMOVE, IN, ON, AND UNDER AN UNDERGROUND ELECTRIC
SYSTEM, RECORDED FEBRUARY 2B, 1962 AS INSTRUMENT N0. Sifi] OF OFFICIAL,
RECORDS.
O THE TERMS ANb PROVISIONS CONTAINED IN 1HE pOCUMENT ENTITLED "DEVELOPMENT
AGREEMENT" RECORDEp FEBRUARY 1, 2001 AS INSTRUMENT N0. 01-01 ]6710 OF
I OFFlCIAL RECORDS. (SECRON 2J.1(a) OF REFERENCED DOCUMENT CITES °... PROVIDED
~ THAT THE AGENCY DEDICATES RTE 75-EDDY PORTION OF 1HE AGENCY PARCEL..°
CITED 15-FOOT PORTION I5 SHOWN HEREON. TITLE REPORT DOES NOT INCLUDE ANY
DEDICATION OF SAID PORTON.)
O THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "DEBACK LICENSE
AGREEMENT" RECORDED JULY 3, 2002 PS INSTRUMENT N0. 02-1515614 OF OFFICIAL.
RECORDS.
10 THE TERMS AND PROVISIONS CONTNNEO IN THE OOCUMEM ENiRLEO TIEBACK LICENSE
AGREEMEN!" RECORDED JULY 3, 2002 AS INSTRUMENT ND. 02-1515815 OF
OFFICIAL RECORDS.
11 THE EFFECT OF A DOCUMENT ENTITLED 'TIEBACK LICENSE AGREEMENT", DATED
SEPTEMBER 21, 20tlb, BY AND AMONG THE CRY OF SANTA MONICA, 1HE
REDEVELOPMENT AGENCY OF THE Cltt OF SPMA MONICA ANp MAGUIRE PARTNERS
DEVELOPMENT, LTD.. UPON THE TERMS AND PROVISIDNS CONTANED THEREIN, AS
DISCLOSED TO THE COMPANY. (UNRECORDED)
O AN EASEMENT FOR PUBLIC STREIT RECORDED JDNE 26, 2002 AS INSTRUMENT N0.
12 0]-186104) OF OFFICIAL RECORDS.
13 AN EPSEMENi FOfl PUBLIC SIDEWALK RECORDED JUNE 28, 2002 AS INSTRUMENT N0.
02-1881048 OF OFFICIAL RECORDS.
„~
~r. ~ L
x
LE ND
DATE:
SHEET 2 OF 4 SHEETS
DATE: MAY 72, 2008
•'i:_
76
,. ,_-
r.-.F:
_p I ~. ~-
I I
I I
IY ~
GE
- - - CENTERLINE
'-'-------- E%ISTINO EASEMENT
- - E%ISTINC R/W
----------- PROPOSED EASEMENT
PROPOSED PROPERLY LINE
PROPOSED BUILDING (GROUND LEVEL) ,
---------------- PROPOSED BUILDING (BELOW GRADE)
- - - - PROPOSED BUILDING (OVERHANG) 30~ O~ 15~ 30~
SCALE: i" = 30'
NOTE: ALL UTILITES TO REMAIN
UNLESS NOTED OTHERWISE.
! h~
I
_ ~~ 1'~
~~
_ _. f
~ 9I: i o
-W w.,.,,.~c - o„c .. mca .,mm oY: umna Ong
APPROVED FOR CITY ENGINEER
CITY OF SANTA MONICA
BY:
BATE:
VESTING
T E i ~6 TINT' V E T44 LQQi rl ~/ T I Y I I~l
N®^ ~VV~~
SHEET 3 OF 4 SHEETS
DATE: MAY 12, 2008
CONTOUR INTERVAL: 1'
AD AREA DRAIN TSPB TRAFFIC SIGNAL PULL BOX
ASPH. ASPHALT UG UNpERGROUND
BLOC. BUILDING V. ELEC. AIR VENT
BOC BUILDING CORNER W, DOMESTIC WATER
BSW BACk OF WALK/SIpEWALN WD. W000
CAN CABLE N WM WATER METER
C.B. WALL CONCRETE BLOCK WALL WJ WATER VALVE
OF. CURB FACE ~6 FIRE NVpRANT
C.L. CENTERLINE ~ MPNHOLE
CLF CHAIN LINK FENCE
CLR. CLEAR o--~ STREET LIGHT
CONC. CONCRETE
CDR. CORNER 'J TREE 30~ 0~ iS 30~
GTR, CENTER
CTft. CENTER '0' PROPOSED FlRE HYDRANT
OCDA pOUBLE CHECK DETECTOR ASSEMBLY O PROPD$ED MAN HOLE SCALE: i° = 30~
D.I. DROP INIEf
DW DOMESTIC WATER - - CENTERLINE
OWY. pRIVEWAY
ENC. ENCRagcH '---------- EXISTING EtSEMENT NOTE: ALl UTILITES TO REMAIN
EMH ELECTRIC MAN HaLE - - Exlsnluc R/W UNLESS NOTED OTHERWISE.
EP EDGE OF PAVEMENT __----__-__ pROPO5E0 E45EMENT
FDC FIRE DEPARTMENT CONNEC110N
FH FIRE HYDRANT PROPOSED PROPERTY LINE
FWf. FREEYlAYE PROPOSED BUILDING (GROUND LEVEL)
GM GPS METER ---------------- pROPOSED BUILDING BELOW GRADE)
G.P, OUAflD POSTS (
GV GAS VALVE - - PROPOSED BUILDING (OVERHANG)
H. HEIGHT
HC RPMP HANDICAP RAMP -`---- --- r-- ~----- EXISTING ELECTRIC LINE
IW IRRIGATION WATER
U LWDSCAPED/PUNTER PRFA -V'-' --' a--' '--'- E%1511NG GAS LINE
LT. UGM _.._... ___.. p, __. ...__._-_. EXISTING STDRM GRAIN LINE
MH MPN HOLE
OH OVER HANG ----~--- --~~~ sz ---- -----~- EXISTING SANITARY SEWER LINE
PB PULL BO%
PEG. %-LNG PEDESTRIPN CROSSING ------ ~~--~ sw EkISONG SALT WATER LINE
PM PARKING METER
PP POWCR POLE -'----"- '-- *-- ---- EkISTING TELEPHONE ^NE
SCO SEWER CLEAN OUT
G.D. STORM GRAIN -'"--- ---- v---- ---.--~ E%ISPNG WATER LINE
SOCO STORM pRAIN CLEAN OUT
sDMH STORM DRAIN MAN HOLE -~~ --s.- -- --x--~- - EXISTING CHNN LINK FENCE
SLPB STREET LIGHT PULL BOX
55 SANRPRY SEWER
TMH TELEPHONE MAN HOLE
TRNFF, SIG. LT. TRAFFIC SIGNAL LIGHT
TRANG. TRANSFORMER
i5P6 TRAFFIC SIGNAL PULL BOX
TW TREE WELL
BMN SEWER MAN HOLE
TR. ENCL. TRASH ENCLOSURE
pganA6fR~eeo~n[~rum ~.m.~ ~~~~.~.~,.~.~.._~„~ .,..,.~ ....,~ _.._ ...
...... ..... ..... ~~~«~ ~~o..e w: wmno ong
FOR CONDOMINIUM AND RETAIL PURPOSES
IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
;,PPROVED FOR CITY ENGINEER
CITY OF SANTA MONICA
BY: DATE:
U~STII~IG SHEET 4 OF 4 SHEETS
DATE: MAY 12, 2008
TENTATIVE TRACT MAP
NO. 69~~2
FOR CONDOMINIUM AND RETAIL PURPOSES
IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
R/W R AM
SOUTH WESTERLY ~ NORT
TERLY
~
EXIST. 100' R/W
EXIST. 50' R/W EXIST. 50' R/W
I EXIS 64' PROPOSED
I DUIILDING
I - Gfl0 END
EXIST. EXIST. 0.2' I EXIST. 42' XIST VARIES 12' TO 42.7
85 S
APROX. 10'MIN
m_°__ ___
®
m
y ~ 1.5:1
__ _
~
OCEA AVEN E A I ~ PROPOSED
12• GRADE
LOOKING NORTH WESTERLY 4 10'MIN
PROPOSED
PARKING LEVEL
EXIST. & PROP.
PROP R
R/W
15'I I 75' DEDICATION TO RF
IJ MIIV I
/ ~ 5' 20' EXISTING WALL
2.5:1 -
Exlsnrv ~ VICENTE T~ RAGE B
GROUND 4
LOOKING NORTH EASTERLY
EXIST. & PROP,
R
EXlsr. 20' I
PROPOSEp ALLEY
BUIILDING EASE ENT
10~M1 10'
EXISTING E%IST. 2' SWALE
GROUND z~- _ _ _ _
mr _
I
L C
LO_FIRSo WESTERLY 4
EXIST. & PROP .
42.8' R
40 MIN
EXIST. 29.33'
EASEMENT FOR
PUBLIC STREET VARIES (10' TO 15,9')
~ EXIST. 20'
EXIST. ROADWAY EXISTING WALL ® R
125 y pROPOSED
I BUIILDING
_ ~ m
~`-EXI
T
S
ING
GROUND
SO
~
4
~
LOOKING NORTH EASTERLY
TYPICAL SECTIONS
l
P:\PFtldFCT[\699\M\ [uc\ vunn vururc, reurnrwv ~innm ...m ~~...a ...... a~ r~
-_-.~ ~..~ • ..~ ..~..~ ur umunu wng
VESTING
TENTATIVE TRACT MAP
NO. 69828
SHEET 1 OF 6 SHEETS
GATE: MAY 12, 2008
APPROVED FOR CITY ENGINEER
CITY OF SANTA MDNICA
e~~~ s 08
VICINITY MAP.
NT$
LEGAL DESCRIPTION I
A PARCEL OF LAND SI1U A@D IN THE CITY OF SANTA MDNICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A PORTION OF THE RANCHO SAN
VICENiE Y SANTA MDNICA AS PER MAP RECORDED IN BOOK J, PAGES 30 ANp 31 OF PATENTS AND A PORTION OF SCOTT'S ADDITON TO SANTA MDNICA.
AS PER MAP RECORDED IN BOOK ]PAGES 56 AND 59 OF MISCELLANEOUS RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING MORE PARTICULARLY DESCRIBED PS FOLLOWS:
BEGINNING AL A FOUND CITY ENGINEER SPINE AND WASHER MARKING THE CENTERLINE INIERSECTON Of OCEAN AVENUE AND PICO BOULEVARD 0.5 SAID
CENTERLINE INTERSEGNON IS SHOWN ON RECORD OF SURVEY RECORDED IN BOON 112, PAGE 45 OF RECORD OF SURVEYS THENCE ALONG SAID
CENTERLINE NORTH 43'5]'50' WEST 361.545 FEET; 1HENCE NORTH 4692'10" EAST 50.00 FEET TO THE MOST SOU IHERLY CORNER OF LOT ] OF TRACT N0.
134] AS PER MAP RECORDED IN BOOK 18. PAGE 69 OF MAPS, IN SNp OFFICE Of 1HE COUNTY RECORDER, SND POINT BEING TIE SOUTHWES1ERLY
TERMINUS OF TiAT CERTAIN COURSE SHOWN ON SAID RECORD OF SVRVEY AS NORTi 45'41'09' EAST 349.82 FEET: THENCE ALONG SA10 CERTAIN COURSE
NORTH 46V2'19" EAST 180.01 FEET; THENCE ALONG TIE SOUTHEASTERLY PROLONGAT ON OF 1HE NORTHEASTERLY LINE OF SCOTT'S ADDITON OF SANTA
MDNICA AS PER MAP RECIXtOED IN BOOK ], PAGES 58 ANO 59 OF MISCELLANEOUS RECORDS NORTH 43'5]'4J" WEST 282.44 FEET TO THE TRUE POINT OF
BEGINNING OF T115 DESCRIPTON; THENCE ALONG SAID NORiHEASffRLY DNE OF SCO1T'S AODITON TO SANTA MDNICA NORTH 43'SJ'4]" WEST 203.38 FEET
TO THE NORTHEASTERLY PROLONGATON OF THE SOUTHEASTERLY qNE OF LOi iJ OF SCOTT'S ADDITON TO SANTA MDNICA; THENCE SOUTHWESTERLY
ALONG SAID PROLONGATON ANO ALONG TIE SOViHEAS1ERLV LINE OF SAID LOT 13. SOU1H 46'01'49" WEST 160.013 FEET TO THE MOST SOUTHERLY
CORNER OF SA10 LOT 13, SAID POINT BEING IN THE NORTHEASTERLY SIDELINE OF OCEAN AVENUE: THENCE ALONG SAID SIDELINE NORTH 43'SJ'S0" WEST
399.94 FEET i0 THE MOST WESTERLY CORNER OF LOT 6 OF SGOTY$ ADDITON TO 6ANTA'MONICA; THENCE ALONG THE NORTHWESTERLY LINE pF SAID LOi
6 AND THE NOPIHEAS1ERlY PROLONGATON OF SA10 LINE. NORTH 46tl2'04" EAST 160.019 FEET TO THE NORTHEASTERLY LINE OF SCOTT'S ADDITON TO
SANTA MDNICA; THENCE ALONG SA10 NORTHEASTERLY LINE OF NORTi 43'5]'4]" WEST 49.99 fEET TO 1HE NORTHEASTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE DF LOT 4 OF SCOTYS ADDITON tO SANTA MDNICA; THENCE SOUTHWESTERLY ALONG BA0 PROLONGATION ANO gIONG TIE
SCUTNEASTERLY LINE OF SAID LOT 4, $OD1H 46'02'06' 160.02 FEET i0 1HE MOST SOUTHERLY CORNER OF SAID LOT 4, SAID POINT BEING IN 1HE
NORTHEASTERLY SIDELINE DF OCEAN AVENUE; THENCE ALONG SAID SIDELINE NORTH 43'5]'50" WEST 09.966 FEET TO TiE MOST SOUTHERLY CORNER OF
LOT 2 OF SCOTYS ADDITON i0 SANTA MDNICA; THENCE ALONG THE SOUTHEASTERLY LINE OF SA10 LOi 2 ANO THE NORTHEASTERLY PROLONGATION OF
SA10 LINE NORTi 46'02'10" EA61' 160.021 FEET i0 THE NORTHEAS1EflLY LINE OF SCOTT'S ADDITION TO SANTA MDNICA; THENCE ALONG SA10
NORTHEASTERLY MNE, NORTH 43'5]'4]" WEST 20.00 FEET TO THE NORTHEASTERLY PROLONCAT ON OF A LINE PARALLEL WTf ANO DISTANT 20 FEET
NORTHWESTERLY, AT PI(81T ANGLES FROM SAID SOUTHEASTERLY LINE OF LOT 2; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION AND ALONG SAID
PARPLLEL LINE SOUTH 46'02'10" WEST 160.021 FEET TO THE NORTHEASTERLY SIDELINE OF OCEAN AVENUE, 100 FEET MADE; THENCE ALONG SAID SIDELINE
NOR1A 43'5]'50" WEST 429.fii FEET; THENCE NOR1H 1]'53'33" EAST 24.115 FEET TO THE SIDELINE OF THE SANTA MDNICA FREEWAY AS SHOWN ON SAID
RECORD OF SURVEY; THENCE ALONG SAID SIpELINE ON ANON-TANGENT CURVE (A RADIAL LINE TO THE BEGINNING OF CURVE BEARS SOUTH 1410'44"
EAST) CONCAVE i0 THE NORTHWESiAND HAVING A RADIUS OF J66 FEET, iHftOUCH A CENIItAL ANGLE OF 23T15'46", A DISTANCE OF 306,JB1 FEET;
THENCE TANGENT TO SND CURVE NORTH 52'43'28" EAET 181.925 FEET TO TIE BEGINNING OF A TANGENT CURVE, CONCAVE TD ThIE SOUTHEAST AND
HAVNG A RADIUS OF ]60 FEET, THENCE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF J'J3'45", A DISTANCE OF 9J.225 FEET i0 1HE SOUTIWESi
61DEUNE OF MAIN STREET (60 FEET WIDE) (A RADIAL LINE TO TiE END OF THIS CURVE BEARS NORTI 33'42'4J" WEST); THENCE ALONG SAID SIDELINE
SOUTH 43'5]'46° EAST (SHOWN ON SAID RECORD OF SURVEY AS SOVTN 44'18'56" EAST) 881.83 FEET TO TIE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE TC THE EAST ANO HAVING A RADIUS OF 200.00 FEET (A RADIAL LINE TO SAID POINT BEARS NORTH 58'29'09° WEST); THENCE SOUTHERLY
ALONCFSAiO BORVE, TH pOl<Ga A OENTFpAL ANGLE OF 36'5]'16", A DISTANCE OF 135.9]) FEET; THENCE TANGENT TO SAID CURVE SOUTH )'26'25" EAST
ALSO EXCEPTING 1HEREFROM THAT PORTON OF THE RANCHO SAN NCENIE Y SANTA MDNICA, LYING BELOW A DEPTH OF 500 FEET MEASURED VER TCALLY
IN DEPTH BELOW THE SURFACE. IN TIE CITY OF SANTA MDNICA, COUNtt OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3
PAGES 30 AND 31 OF PATENTS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE-OF OCEAN AVENUE 100 FEET WIDE DISTANT NORTH 4419'51" WEST THEREON, fi0 FEET FROM THE
MOST WESTERLY CORNER OF LOi i OF SCOTT'S ADDITON i0 SANTA MDNICA, AS PER MAP RECORDED IN BOOK ], PAGES 50 ANG 59 OF MISCELlANE0U5
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: 1HENCE ALONG 60.10 NOPo'HEASTERLY LIPIE NORTI 4h'19'S1" WEST 90.00 FEET;
THENCE PARALLEL WI1H THE NORTAWESTERLV LINE OF SAID LOT I OF SCOTYS ADDITION TO EAN TA MDNICA, NORTH 45'40'09" EAST 100.000 FEET; THENCE
PARPLLEL WITH SNO NORTHEASTERLY LINE SOU TN 44'19'51" EAST 90.00 FEET TO A LINE PARALLEL WITH 60.10 NORTHWESTERLY LINE OF LOT 1, WHICH
PASSES THROUGH TIE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE 60UiH 45'40'08" WEST 100.00 FEET TD 1HE POINT OF
BEGINNING.
BASIS OF BEARINGS NOTE FOR THE ABOVE LEGAL DESCRIPTON:
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPRON IS THE BEARING OF NORTH 43'9'50" WE6T FOR THE CENTERLINE OF OCEAN AVENUE (100 FEET
W10E), IRIS BEARING WAS DERIVED FROM GPS MEASUREMENTS: T115 IS THE SAME CENTERLINE AS HAbYNG A BEARING OF NORTH 44'19'00" WEST ON
RECORD OF SUgVEY REGORGED IN BOOK 112 PACE 45 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY.
(APNS: 4290-015-900 THRWGH 4290-015-910)
UTILITY PURVEYORS
STORM DRNN: LACPW IACPW
CONSTRUCTION DIVISION LAND DEVELOPMEM DIVISION
CONTACT: TIM BAZINET CONTACT: ERIC REV ERA
900 6. FREMONT AVE. 900 $. FREMONi AVE.
ALHAMBRA, CA 9180) NHAMBRA, CA 9180)
(fi26)456-3122 (626)456-4921
CITY OF SANTA MDNICA
CONTACT': ANTONIO 6HNBPNI
143] 4TH STREET SUITE 300
SANTA MDNICA, CS 90401
TEL: (3101 458-6926
TEL: (110) 458-8926
SEWER: Cltt OF SANTA MDNICA
ENVIRONMENTAL & PUBLIC WORKS
MANAGEMENT DEPt. (EPWM)
CONTACT: SUSAN LOOWELL
1212 FlFTH ST, 3RD FLOOR
SANTA MDNICA, CA 904G1
TEL: 310) 458-028fi
FAH: 310) 393-8691
WATER: CITY OF SANTA MDNICA
ENVIRONMENTAL k PUDLIC WORKS
MANAGEMENT DEPT. (EPWMI
CZHZACT: HWSFE3RDEE ROOCCRES ENGINEER
SANTA MDNICA, CA 90401
TEL (310) 456-B26fi
FA%: (310) 393-669]
ELECTRICAL:
TELEPHONE/DATA:
GAS:
CABLE.
SOUTHERN CALIFORNIA EDISON
CONTACiI BETRICE COLEMAN
1]21 22ND ST
SANTA MDNICA, CA 90404
TEL: (310) 315-3215
FAX: (310) 310-321]
VER120N
2943 E%POSITON BLVD
SANTA MDNICA, CA 90404
TEL: (310) 284-5fi»
FAH: (310) 394-2419
SBC
41 60UTH CHESTER AYE, ROOM 202
PASADENA, CA 91208
TEL: (62fi) 366-J32fi
F0.%: (626) 396-)945
SOUTHERN CALIFORNIA GAS COMPANY
CONTACT: JAVIER MEZA
1 101 STEWARD Si
SANTA MDNICA, CA 80401
TEL: (310) 264-4624
FAX; (31 p) 628-91 J6
TIME WARNER GABLE
2939 NEBRASHA AVE
SANTA MUNIGA. CA 90404
TEL: (310) 629-)OJ9
F0.%: (310) 453-21]0
TOPOGRAPHY NOTE:
THE TOPOGRAPHY SHOWN HEREON IS BY
EARTH GRAPHICS, INC. 1] SPECTRUM
POINTE DR. SUITE 505 LINE FOREST,
CA 92630 PHOTO DATE: 02/20/0]
BASIS OF BEARINGS:
BEARINGS SH DWN HEREON ARE BASED ON THE BEARING NORTH 44'18'
58" WEST FDR THE CENTERLINE OF MAIN STREET, AS SHOWN ON RECORD
OF SURVEY RECORDCD IN BOCK 112 PAGE 45 OF RECORDS OF SURVEY IN
THE OFFCE OF THE COUNTY 6URVETOR OF LOS ANGELES COUNTY,
CALIFORNIA.
BENCHMARK:
BENCHMARK DESIGNATION: CITY OF SANTA MDNICA BENCHMARK 434-5
ELEVATION 56.910 FEE!
MONUMENT DESCRIPTION: P.K. NAIL IN LEAD IN NORFN CURB RETURN OF
OCEAN AVENUE ANO COLORADO AVENUE 11.5 FEET NORTHEAST OF
NORTHEAST CURB OF OCEAN AVENUE 2.0 FEEF NORTHWEST OF NORTIIWESi
CURB OF COLORADO AVENUE.
P'.\PXWELTS\611\O6\EXO\EMITLEN ENI5\1[NTAiry(
AI&AIRPL i0 PWININU RENSF- PARKING PEO\OPO51¢ Plo!!etl bv. Pu,nnn Im
GENERAL NOTES
1. E%ISFING LAND USE: VACPNT
2. PROPOSED LAND USE RESIDENTIAL & RETAIL (MI%EO USE)
J. EXISTING ZONING: CC
4. PROPOSED ZONING: CCSP
5. SITE IS WITHIN BOTH 60-65 PND >65 COMMUNITY NOISf EOUNALENT LEVEL CONTOUPS
6. SUBJECT PROPERTY IS SERJED BY PUBLIC GAS, WATER, ELECTRIC, PHONE AND SEWER
UTILRIES CURRENTLY IN PLACE.
J. UNIT SUMMARY:
MAaK ReTF Bll DIN
68 UNITS OF MARNEF RATE RESIDENTIAL CONDOMINIUMS i0 BE FRONDED
10,000 SF OF RETAIL TO BE PROVIDED (TO BE SUBDIVIDED INTO NO MORE THPN 3
COMMERCIAL CONDOMINIUM LOTS)
AFFORGAR F B I D N S
ifi0 UNRS OF AFFORDABLE RESIDENTIPL APARiMEMS i0 BE PROVIDED
B. PARKING SUMMARY:
2.0 SPACES PER RESIDENTAL UNIT
1.D SPACE PER 5 RESIDENTIAL UNITS FOR VISRORS
1.0 SPACE PER 300 SF OF RETAIL / RESTAURANT SPACE
9. AREA SUMMARY:
MA51ER LoT i
TOTAL CROSS MASTER l0T 1 ARE4 = 121,541.5 SF (2]90 ACJ
REMAINDER PARCEL
PROPOSED OLYMPIC DRIVE 51,91 1.1 SF (1.193 AC)
REMNNpER PARCEL (NOT INCLUDING OLYMPIC DANE) ='289.695.8 SF (6.655 AC)
TOTAL GRO55 REMAINDER PPRCEL AREA 141 666.8 SF ].646 AC
TOTAL CROSS AREA = 4fi3,406.4 SF (10.fi3B AC)
10. THE PROPOSED BUILAING WILL NOT E%CEEO 65' IN HEIGHT.
11. THE PROPOSED PROJECT SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN SMMC
SECTON 9.00..10.08 (OFF-STREET PARKING REQUIPEMENTS).
12. OWNER/SUBDNIOER SHALL COMPLY WRN All REQUIREMENTS fROM Cltt OF SANTA
MDNICA DEPARTMENT OF ENVIRONMENTPI, ANp PUBLIC WORKS MANAGEMENT.
13. THE ENTIRE SRE SHALL DRNN TO THE ADJACENT 6TREEF WITHOUT FLOWING OVER THE
SIpEWALK, TO THE SATISFACTION OF THE Gltt ENGINEER.
14. PlPNS WILL BE PREPARED TO SATISFY THE REQUIREMENTS OF SMMC GRAFTER ].10
(URBAN RUNOFF POLLUTION).
15. THE PROJECT AREA IS NOi SUBJECT TO INUNpATION/STORM WATER OVERFLOW.
OWNER
THE REDEVELOPMENT AGENCY OF THE Cltt OF SANTA MDNICA
i 895 MAIN Sf, ROOM 212
SANTA MDNICA, CA 90401
TEL 310) 458-2232
FAN: 310) 456-3380
SUBDIVIDER
RELATED/SANTA MDNICA VILLAGE, LLC
16201 VON KPRMAN AYE, SUITE 900
IRVINE, CA 92612
TEL: 849-660-12]2
FAX: 949-669-093
SOILS ENGINEER
KUL BUSHAN
CROUP DELTA CONSULTANTS, INC
92 ARGONAUT, SURE 120
All$ON VIEJO, CALIFORNIA 92656
TEL: 949) 609-1020
F0.%: 949) 609-1030
CIVIL ENGINEER
ORIANA SLASOR, P.E.
RCE N0. C6J451
Fll5C0E ENGINEERING, INC.
18>95 VON KARMAN, SUITE 100 RgDP
IRVINE, GA 82606
TEL: ((949)) 414-1960
F0.%: (B49j 4J4-9315 Nn C639g1
~~~
i
~\ ~n
t J ..]Id%[]9'C $1121 fl ~)FOF
~~
OPV.NA A.3USOR C
0.CERC63461 rdATE
PROJECT ADDRESS SHEET INDEX
TO OE DETERMINED TTIE SHEEF I
HORIZONTAL CONTROL PLAN _2
' SITE PfAN J
TYPICgL STREEF SECTIONS M1
PLAN VIEW AIRSPACE LOTS _5
ISOMETRIC VIEW 6
FOR SUBDIVISION PURPOSES
IN THE CITY OF SANTA MDNICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
1-~-IT___ fi______
Y
tS
C (/~~ SHEET 2 OF 6 SHEETS
V ESTI N CIA DATE: MAY 12, 2008
TENTATIVE TRACT MAP APPROVED FOR CITY ENGINEER
N O. 69828 CIiY OF SANTA MDNICFl
FOR SUBDIVISION PURPOSES
IN TL 5 ANGEOLES,ASTATE OFG AL FORMA OF BY
DarE: `-
___
I I 1
I I
I I
I I
-. _.__I I-t- ___ __~__________
I I a __~~
~ I I.: _
II li MAIN STREET .g
$ ~ \
_ I I I PL~ N44'10'sfi^N
- - ~ i I I- - m = - - -
/.. ~ -.\ \ \ 1126.98'
/ I ~ - - _ \~ \\ S~.o I i 3 r ~ ~Ar~io~cu*,Eaae ~
14 .~1 < ~ N m.. I _ _ _ _ _ _ _ _
I ___ --~
I (PROPOSED E45EMENT)
1~ fp• 11 ~Y R 20f1.00
1 q Am23'SB'13' ~ _ \ \
I \ g i! rv \'15. \ ~
d
W
Z
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PROPOSED
R/W
10'
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I
LIMB OF
PROPOSED 20 I
ALLET VACATION
544Y B'Sl"E
R
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+ BUILDING
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ARKET RA J I ,1 1
qq qq
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" F PROPOSED
EY VACAnON
N rz
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5
ONDOA ~
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_______ .36:2 c~ PROPOSED I
BUILDING a
1 ~ I
I I PROPOSED ~ i ~.~ & ~I VAGnON J 1X • I
\
~J.4'
I BUILDING
(GROUND LEVEL) j ~ ~
F 3 O
I 09 2
4 4
( I (PROPOSED > r 52• 1
I W
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~
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I I
BUILDING
(GROUND tEVEL)
I
I ~
~.
EKI8TIN0 BUILDING .
~ ti
$ I
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GROUND ~
1
PPOPOSEb I ,
D 1799 OCEAN AVE _ I
LEVEL)
\ - - L
' ~
~
' I
SOVERHAN 6 .29.33 0
OPOSEO
IILDMO `
JB.fi'
- \
PROPOSED BUILDING ]e.Y' EXISnNG CURB
AND CURER I
I
ELOW CwNE) t
I \ (BELOW GPAOE) ~ 41.2' 9
5).1'
1
~ ~
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_ _______
________.~_____ _____
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m l I n m In ~ I
in
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~
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~ A VENUE
- - PLC
y _ N44'19'00^N
1904A5' _
-
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________._
_ A. _-_ _
_ _ _ 1 ~ _ _ _
EASEMENT NOTES 4
OI iXE PEUNpUIEXMENi OF CEPiAIN RICHLS Of INGRESS AXp EGPE55 GVER SA10 11 PROPOSED PPIVAiE U9fMENi FOR FMWGENCY HRE ACCfss
P1LEY-REFER }p DOCUMENT FOR PA9PCUURS (ALLEY ]XOWN HEREON - 'FlRSi
COUPi'), p00H i. PPGEf 30-09 NIECELVNEOU6 RECOPOE. .
12 PROPOSED FISEMENi FOq ALLET PUPPOSES
(PPIPCENi PPC
ER
V
O
µ U9EMENi Epp SEWEq MVO INCIDENipL PUPPOSE9. RECOROEp IH BOOM .
P
I
J
6)]6. PACE }9G OF pfFICW. RECOPOS. 1J PROPPSEO PRIVATE EASEMENT NP PEfgINING W4L
OS
F/SEM
L PURPpsf6 RECORpEO MAV
P
1 .
B
' fiPUMFM O.
1
J01 pFFlCW. RECOgpS
® ME gICHi i0 MPINiNN µO USE ME 10 FWi 51% INLH SEMI-ELLIPgCPL RRILM
SfOgM ORNN AS RE]EPYFp OY iNE CITY OF SµtA MONICP. A MUNICIPAL
LORPOPATON. IN 1HE OEEO RECOgpEO SEPIEM9Eq 16. 1951 q5 INSIpUMENi
Np. 1994. IN 9GOX ]1RD] PAGE 3R0. OFfICIM gECOP05.
O$ T1E ftflMS µ0 PRONRICH6 WNiMNEO IN iXE DOCUMENT ENTITLED 'iIEGACM
IICEXSE ACPEEMENi" RECOPOEp JULV ]. 1003 A9 IHS1gVMENi HO.
03-ISIB6fA OF OFFIC4L RECOgpS.
06 T1E 1ERM5 µp PPONSIONS CONYMNEO IN LHE OOLUHEHi EMIREp YIEfiPCM
'
LOIFCEN6E PGREEMENI
PECOROEO JULY ]. 1OOR q5 INSiPUNENi N0. OR-1616616
p9FICNL RECCROS.
O] ME EfiECi OF A OOCUMEM ENPiLEO '1 EOMX LCENSE PCPEEMEN!'. OAIEp
gEP}EM6ER RI. 3000. OY PNO AMONG TIE CXY OF $µiq MONICA, iNE
EOEVELOPMENi ACENC( OF ME CRY OF yN}p MONICp µp MACUIRE
PPPINERS DE~ELOPMENi, lN. UPON TIE RRMS µp PPOXSIONS COMNHEO
iNEPEIN. 0.S OISCLOEEO i0 TIE COMPANY.
OB EXI6iING EASEMENT FOP PUBLIC figEEi (OEYILAL gECORp OR-100100])
09 E%ISNN4 EPSEMENi PGREEMENi FlIR sIOEWALM (OFFICIPL PECOPO pR-108101))
10 PROPOSED VSEMFNi FOR pLLEY PUPPOSFS.
::\PPOfquP nlesLwmcro cIML ]n IAxo pcsMraP <onw.nlarv
(06-12-06 HO%,ORPMI PIeUeJ W. OurenJ Irmo
LEGEND
- - - CENTERLINE
-~--------- EXI611NG FA6EMEN1
- ~ EXIS11N0 R/W
PROPCSEO VSEMEM
PPOPDSED LOi LINE 30' 0' I$' 30'
PgOPpsfO fl/W
v ogpsfD PROPERn urvE SCALE: Y 30'
__--_-_ PgOPOpEC RVI WINO (GROVND LEVEL)
"~~~~~~ PPOPOSEO gVIWINC (DEWW CRApE)
- - - - - PROPOSED BVIIDING (OKRMµG)
- ~ - - _ - - PPOPo6E0 LINNG SIPEEi
"""""""--------`-'--- PPOP09E0 PA110 (GROVXp IEVEL)
ROPo6Ep NIEY FASEMENL
~- "~"'i~'-+ PRCPOSW FA9fMENi FOq MLEV PVRPOSE6 VGJPCENi PPOPfP1Y)
PROPOSEp PRVAIE EpSEMFM POP fMERGENtt ACCR]
O OPOSEO VMATOH
G-4 '4'."~ ~':'°.~ ~] PPCPp6E0 FIRE ALCE63
PROPOSW PRIVATE PAEEMEM P0R PEiMHING WPLL
NOTE: ALL PROPOSED IMPROVEMENTS
SHOWN ARE FOR REFERENCE ONLY,
FOR DESIGN DETAILS REFER TO FINAL
IMPROVEMENT PLANS TO BE
APPROVED BY THE CITY,
/ i 1 i c / 1% tIl t
;~ ~
.~ ,
f I. 1 ~ a
x
=tn
~) ~
SHEET 3 OF 6 SHEETS
VESTING DATE: MAY 12, 2008
CONTOUR INTERVAL: 1'
TENTATIVE TRACT MAP APPROVED FOR CITYENGINE[R '_,. r.,~-•"~
N ®. 69828 CITY OF SANTA MONICA
FOR SUBDIVISION PURPOSES ' _ "
NICA, COUNTY OF BY ~ ~ ~.~
LOS ANGELES STATE 0
F CALIFORNIA ------____'__DATE.
1
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kk \.\•,
PRO>~~(~aEp pUILDING ~ y :
1 ~~ V (BELOW 6WKI~1yE5)! n ~.: \4 1
\ V ~~ ~\~^N'D H N APPRO%IMATE
1 ~ ~ _ `., 1~ V A.)!.~,+~M~ , LOCATION OF >BS
_ `~I? ti TA INB0.0p
I i 1nD ~ ~ I . ~ I ^ ,~~
~> 6 36 I ARRT-NA ~`
n l I. 4r zo• z 1' •. - B r
f P~PO6Ep $~~ 9/W a 25' 1 0' ~ ~ ~I_ _
i / I ~c 63. IT 10 PROPSED A 1 I vv
' 53.80 I ~~ ( ~ PROPOSED \ J
I DUIIDING
~'"154)6 5A ~I b ~5 ~ I'' I 1 (GROUND LEVEL) \ F5
\ i ~`- 63A Po i~ ~_~ ~~ I
4 \
" ' ( ~5T0 W i I 1 BbW ~)
N 1 ~~ I (
m
PROP DRA 1
I
1 F/W el ip (..IQ.... y- ~ i PROPOSED ~ ~~- ....
~\, (HP) B STA f3 SOW i,. BUILDING : ~ ~~
x ~~ (BELOW GRADE) ~ A,-i
(HP) 6 CF 50.16 +5 . B fi ~Bfip pqm I '
I ..__......~ 58, ...r. 5
IRAN O i ..
I v ~ ,
iL am WALK P~~7 ~ :,..
6 4 I a PROPO ~~ I / J ~L
~ GK F 4~0f,63 1 l._
~ ^ -_. i i n LOT LINT , ~ l J. "-0
II ~11m x i '. 1 - 54.30
i Io I ] I -'~-~ -~ B I'S ~ A
\\.. ]5~I 8 53.0 ~ Y! I TG ~ L _. 9
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NOISE EQUIVALENT
LEVEL _
~/ \ _
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/' APPROKII
F/ LOCATOf
60-65 F
EOUIVAIENI
\ EfAININ 1
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a \\\
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LEGEND 1
- - - CEMEflUNE qG ASPNALt CONCgEIE pM PARKING METER
----------- E%ISIINC E15EMENi AO IRO DRAIN pP POWER POLE
PL MFA UCNf $CO SEWER CIFPN pUi
- - ~ E%ISIINC q/W PSPH. 0.5PWLi SD. STORM DRVN
----------- PROPOSED FASFLIENI BWG. BVILDING $CCO giOgM OMIN CLEPN Olrt ,
PRppO5E0 LOi LINE RDC BVILNNG CORNkA $MdH S'iOgM OPAIN NIN NOLE 30~ O~ 15~ 3O~
ddW H4CN OF NPLI(/50EWALx SVB SrREEi NGNt PVLL BDX
- ~ ~ PROPOSED P/W LAN CABLE N 55 dANI}A9Y SEWER
C.d. WN.L CONCRETE BLOCK WALL iG lOP OF 4PAIE
I PROPOSED PrepPER,Y TINE Cfi CURS FAQ RAH 1FLEPHGNE MAN HOLE
PROPOSED BUILDING (GPOVND LEVEL) GL CENIERUNE tgq{F, $IC. Li. RMpFIC SIGNAL UOM SGNE: 1" m 3O~
CIF CMNN LINK iFNCE iRWS. R4WSPoRMER
PPOPOSED RVI{DING ) C{A, CLEPP
(BEILW GRADE CONC. CONCRER iSPR 1RIFi1C S1CN01 PULL BON
- PROPOSED BNLDIND (OVEAHANOJ COq. CORNER M' igEE WF11
i -----~------------------~ PRDppsdp Pnne (cgpunp LEVEL) crH. cEMER sux sewER MW xOLE NOTE; ALL UTILITIES TO REMAIN
ucor. poueQ CHECK pETECroH assEMalr TM' ErvcL nus'x ENCLOSURE UNLESS NOTED OTHERWISE,
- t-._ _......_..- L%ISTNG ELECIRF UNE p,l. pPOP INLET „G GlINOERDINUN„ PVLL dp%
'i ~ o---~ -----~ E%ISIING GAS LINE Ow pOMES1IC WATER V. ELEC. Nfl VENT
DWI. ORNEWgY µ, pOMfSrIC WA}Fp
-~~-~--~ --- s -- _.._....... Lxlswc sIDRN GreuN uxE ENC. ExcgDACN WD, wro60 NOTE: ALL PROPOSED IMPROVEMENTS
''.~ EMx H£C1RIC UeR xOLE WM wareR MLTEre SHOWN ARE FOR REFERENCE ONLY.
' -"" m -"'- ----- E%ISi1NG $ANIiNYi SEWER LINE EP EOCE DF PAVENIM µy WAIEft VKK
Inc FIRE DEPMiMEM coxnECrIGN 8 pwE HrpgwM FOR DESIGN DETAILS REFER TO FINAi
-____. _... :n -...-. _... _._ E%ISIING SALT WA}FA LINE Fil FIRE Htt1RPM
'. eL Fl.cw uNE D M>nlwQ IMPROVEMENT PLANS TO BE
- -' ' -- Exlmxc }ELEaxcxE LwE FW F1gE wq¢q o-a siHELr Llcxr APPROVED BV THE CITV,
Ixv. rnQwnv
' .__ ___ E%InINC WgreH urvE cv. c nRO Posrs ~~ THEE
i _ .._ F%,SII„G GIWN LINN ~„DE „ ~„;~ CONSTRUCTION NOTES
HC PPMP HANpICM PyMp O PROPOSED MMI Xp1E
i so PgOPDSED BiORM DPdIN LINE Ny ggICAIION WATEq O INS]NL UTILITY p5 NOrEO
5 PROPOSED SA4gMf BLWfR U UNOBGPEO/PLNTER MEA
' 9 PROPOSEp WATER LINE MN MAN NOTE ~ RENWE Nllltt A$ NOrF-
PgOPOBFD TITHING 30NE OH OVFA NANO
~+ PB PULL SO% O RELOCATE Ulllltt AS NOrEO
PCC PORl1gN0 CSMEM CONCRETE
PEG. %-ING PEQSIgWN CROSSING
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SHEET 4 OF 6 SHEETS
^.~
VESTING DATE: MAY 12, 2006
TENTATIVE TRACT MAP APPROVED FOR CITY ENGINEER
.„ •
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„.„._:.r..
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CITY Of SANTA MONICA
p r~ Q
NO. 69828
Y
B
IN THE CIT
OF
SANTA MONICA~ COUNTY OF BY
DATE:
LOS ANGELES, STATE OF CALIFORNIA _________4e
R/W ft/W
SOUTH WESTERLY PE NORTH EASTERN
VARIES 11.5' TO 19]' E%IST, 100' R/W
10' MIN E%I6i. 50' R/W E%IST. 50' R/W
' E%IST. 64'
PROPOSED
BUILDING I q2~' 42.
E%IST EXIST.
8 S/W 8' S
OCEAN AVENUE A
LOOKING NORTH WESTERLY 4
PROPOSED NORTH WESTERLY PROPOSED SOUTH EASTERLY OLYMPIC R/W,
PROPOSED NORTH EASTERLY LOT LINE
OLYMPIC R/W
~
TRACT N0. 89028
I
I
PROP. 100' R/W
62' Jfi'
i 10' 22' 10' PgOP. 40' 10' B' PROPOSED
(PKWY S/W PHWY ROA-WAY PKWY S/W BUILDING AT R/W
20' 20' tB'MIN
PROPOSED 10'
I ~ PARKING STRUCTURE
I I ENCROACHMENT
~PROPOSEO PARKING
STRUCTURE
PROPOSEED OLYMPIC DRIVE e
LOOKING NGRTH Eg6TEgLY 4
R/W q
~
SOUTH WESTERLY PE NORTH F
ASTERLY
' 16.2' E%IST. BO' R/W
10'MIN IXIGT. 40' q/W E%IST, 40' R/W
2' 2~
PROPOSED EXIST. 60'
BUILDING I I
8' E%IST. JO' E%IST. JO' B'
5%W 5%~
MAIN STREET C
LOOKING NORTH WE6TERLY 4
~ ~'
PROPOSED E%ISTINC
BUIl01NG BUILDING
].4' J6.2' 5'
J5 MIN
I 4,
]'MIN 28'MIN SW
SW R WAY E%IGTINC WALL TO BE
PROPOSED REMOVED. PROPOSED
BUILDING RETAINING WALL VARIES
(0' TO 9')
NORTH ALLEY D
LOOKING NORTH EgGTERLY 4
EXISnNG R
I I
Buaowc
I I
E%ISTINC 20'
I ALLEY DEDICATION
PORTION OF EKISTING ALLEY I pROP. EASEMENT
DEDICAnON TO BE VACATED 1 FORT µ,LEy pOgpO5E5
VARIES (0' TO 5') 5• g• I VARIES (0' TO 5')
VARIES 4.9' TO 4.]' Iii 0 6)
TO E%. BUILDING 0' MIN
4'MIN OAOW Y ~ pppppSED RETAINING WALL
SW _-_ VARIES (I' i0 13' HIGH)
PROPOSED RETAINING WAtL
E%ISTINC WPLL
VARIES (1' TD 9' HIGH)
ASSUMING 6" WIDTH 1 (1' RICH)
i
FIRST COUR
T (ALLEY) E
~y
4
LOOKING NORTH WESI£RLY
E%IGTING R
BUILDING I I
F.%IStING 20'
I ALLEY DEDICATION
PORTION OF E%IBnNG ALLEY PROP. EASEMENT
DEDICAnON N eE VACATED 1 FOR ALLEY PURPOSES
VARIES (0' i0 5') 5' S' 1 (VARIES 0' TO 5')
VPRIES 4.9' i0 4J' ~~_ D.6], PROPOSED BELOW
i0 E%
BUILDING
'
.
0
MIN ~ ~~ GRADE STRUCNRE
4'MIN OADW Y
SW -_ ®_ I
PROPOSED RETAINING WALL
VARIES (1' TO 9' HIGH)
ASSUMING 6" WIDTH I I
E%ISnNG WALL PROPOSED RETAINING WAIL
(1' RICH) (13' HIGH)
FIR5T COURT (ALLEY) F
REAR OF I]390CEAN 4
LOOKING NORTH WEBTEPLY
TYPICAL SECTIONS
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SHEET 5 OF 6 SHEETS
VESTING DATE MAY 12 2008
TENTATIVE TRACT MAP APPROVED FOR CITY ENGINEER '
CITY OF SANTA MONICA
NO. 69828
FOR SUBDIVISION PURPOSES gy, J____DATE:
IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
RMIUS a ]fi5'
¢rverrv= aoese' /~~ MASTE ^LOT
d m 33'00'IB~ i
I ~ ~ -- \~FpS11NC RW - I
MASTER LOT 1 AND REMAINDER PARCEL
I MAIN STREET $
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II O
4-_~
I
I
I
1 I
~ISIINO PW
wf
~~i MASTER LOT 1
-_ ____
1 ~ ~ OCEAN =AVENUE
AIRSPACE LOT 2
UPPER LEVEL
mnc. rnnv~slrz xve~~cNrvv~smsle - suonnrru ro ruxrvwa RFmco
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so' a' Jo' eo'
scuE: 1° =so'
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so' o• Ja' so'
SCALE: 1" =60'
MAIN STREET s
- --2 - -- - -- - -
_T _ __ _- -___g ____
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I
100' PPOPOSCI
W I
I
1
i
I
1
I
-~
f
I
I
-~> -
%ISTING RW
ESTER LO7 1
OCEAN AVENUE
---1-- - - - -----
AIRSPACE LOT 2
LOWER LEVEL
~~
aD~-'-~-~-~ 0' JO~-' -yfi0'
scAtF: P' =sc'
VESTING
TENTATIVE TRACT MAP
NQ. 69828
FOR SUBDIVISION PURPOSES
IN THE CITY OF SANTA MONICA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
SHEET 6 OF 6 SHEETS
DATE: MAY 12, 2008
APPROVED FOR CITY ENGINEER
CITY OF SANTA MONICA ' ~ "'"~~~ '
_____ DATE:._
---__-_
~ _____
.` __,_.
~~ ~; - I
\~~ ~•
~~ ~ MASTER LOT 1
EXTENDS TO THE HEAVENS ABOVE
~\ ~~~-
~\ __
~\ .''
I
AIRSPACE LOT 2
UPPER LEVEL
V,E.=119.3
LE.=54,3
_ ~-
_-
_ ~ at ~ /-
- i /
.~
MASTER LOT 1
\~ y i
GpbA~
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11 ~~
MASTER LOT 1
EYTENDS TO THE CENTER OF THE EARTH
ISOMETRIC VIEW
MH
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MB\MCNNE\480513 - SUBMIrtAL !0 PWiNI,IC PN6m Omm~un xmnerc~o o~~~~.~
EXHIBIT "C"
Conditions of Approval and
Environmental Mitigation Measures
Exhibit C
Conditions and Environmental Mitigations
Special Conditions
Design
1. ARB shall pay particular attention to the review of the proposed landscape
plans to ensure that the design vision which associated the landscape of
the Living Street with Venice and Santa Monica walk streets and the
native landscape of the Santa Monica bluffs be implemented.
2. ARB shall review pedestrian orientation and seating options for the Living
Street and Olympic plaza to ensure options for social interaction and
neighborly atmosphere.
3. ARB shall pay particular attention to the pedestrian orientation and ground
floor design of The Living Street fa9ade of Site A so that service access
and non-primary entrances do not detract from the pedestrian experience.
4. ARB to evaluate viability of green screen versus decorative metal screen
on the north elevation of the west building on Site B.
5. ARB to pay particular attention to the design of the sunshades and
sunscreens to ensure maximum solar heat reduction and functionality.
6. The streetscape design for Ocean Avenue shall be subject to ARB review
after consultation with City staff including the Community Forester and
Public Urban Landscape Manager and CCS staff
7. The ARB shall pay particular attention to parapet height in relation to
overall perceived height, allowing for mechanical screening to be up to 60
inches where appropriate.
8. streetscape and Landscape design shall maximize urban run-off
mitigation opportunities and increase permeability.
Operations
9. Future re-evaluation of parking garage operations and or parking garage
design shall be possible as a Minor Modification.
10..The Developer shall provide targeted condo sales marketing to Santa
Monica Area employees.
Easements
1 of 23
11.Prior to the issuance of a building permit the developer shall acquire the
necessary easements from the owners of 1776 Main Street for fire access
at the Main Street Entrance to the Living Street, and the necessary
easement to widen First Court Alley as noted in Exhibits F and F-1 of the
DA shall be recorded.
12.The Developer shall acquire all the necessary easements from the
Redevelopment Agency, RAND and Maguire Properties for access and
other public use purposes to the alleys north of and south or 1733 Ocean
Avenue, 1st Court and the Vicente Terrace.
13. Prior to the issuance of a building permit the developer shalt ensure that
the Redevelopment Agency reserves an easement from the leasehold
estate for purposes of establishing emergency access through the Living
Street.
14.The developer shalt acquire a subterranean encroachment permit for the
10 foot parking structure encroachment under Olympic Drive prior to the
issuance of a building permit.
15. Prior to the issuance of a building permit the applicant shall resolve any
conflict between the placement of the driveway to Site C on' First Court
Alley with the location of the sewer access manhole.
Miscellaneous
16. en orded a deedurestnction fobthe' Affordable Housingecomponentl of the
project.
17. Prior to the issuance of a building permit the developer shall have
recorded a Final Map which included that vacation of a portion of First
Court Alley and the identification of the remainder parcel which will
become Palisades Garden Walk park.
18. Prior to the issuance of a building permit the applicant shall have an
approved maintenance agreement which notes the terms for the
developers obligation to maintaining the Alleys north of 1733 Ocean
Avenue (termed "North Alley) and the City's obligation to maintain First
Court, Olympic Drive, and Vicente Terrace.
Administrative
19.In the event permittee violates or fails to comply with any con o'vlals or
approval of this permit, no further permits, licenses, app
2 of 23
certificates of occupancy shall be issued until such violation has been fully
remedied.
20.Applicant is advised this project requires Coastal Zone approval of the
California Coastal Commission prior to issuance of any building permits by
the City of Santa Monica. Applicant is responsible for obtaining any such
permits.
Conformance with Approved Plans
21.This approval is for those plans dated May 13, 2007, a copy of which shall
be maintained in the files of the City Planning Division. Project
development shall be consistent with such plans, except as otherwise
specified in this Development Agreement.
22 .Minor amendments to the plans shall be subject to approval by the
Director of Planning. A Major Modification shall be subject to a
conformance wthrthe plans submitted or asCmodifedlby theaARBeCty
Council or Director of Planning.
23. Project plans shalt comply with all other provisions of Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances
and General Plan policies of the City of Santa Monica prior to building
permit issuance.
Mitigation Monitoring Program
24. Pursuant to the requirements of Public Resources Code Section 21081.6,
the City Planning Division will coordinate a monitoring and reporting
program regarding any required changes to the prOroval, ncu ding
conjunction with project approval and any conditions of app
those conditions intended to mitigate or avoid significant effects on the
environment. This program shall include, but is not limited to, ensuring
that the City Planning Division itself and other City divisions and
departments such as the Building and Safety Division, the Department of
Environmental and Public Works, the Fire Department, the Police
Department, the Planning and Community Development Department and
the Finance Department are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certificate of Occupancy,
or other permit, and that other responsible agencies are also informed of
conditions relating to their responsibilities. Project owner shall
demonstrate compliance with conditions of approval in a written report
submitted to the Planning Director and Building Officer prix ~ cableUp ovide
a Building Permit or Certificate of Occupancy, and, as app'
periodic reports regarding compliance with such conditions.
3 of 23
Cultural Resources excavation or
25.If any archaeological remains are uncovered during
construction, work in the affected area shall be suspended an a
of the
recognized specialist shall be contentse. to detetlmination shall then be
affected area at project's owner's exp
made by the Director of Planning to determine thu rementsanifeany,t to
survey findings and appropriate actions and req
address such findings.
Project Operations
2g. The operation shall at all ro' ernes or residents by reason ofetights,
detrimental to surroundinogo her actions.
noise, activities, parking
ro ect shall at all times comply with the provisions of the Noise
27.The p j
Ordinance (SMMC Chapter 4.12).
Final Design
landscaping, screening, trash enclosures, and
rovat by the Architectural
28. Plans for final design,
signage shall be subject to review and app
Review Board (ARB).
2g. Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping
Standards) of the Zoning Ordinance including use of water-conserving
landscaping materials, landscape maintenance and other standards
contained in the Subchapter.
30. Refuse are ce Wit„ SMMC Section 9 04 10 02.g130,n140, and 50SCRefuse
in accordan including recycling
areas shall be of a size adSolid Wa to Management Division. The ARB in
to satisfaction of EPWM,
its review shall pay particulape haniloal tequipment shall beu minim zed in
equipment. Any rooftop as to minimize noise
and shall be locatedo ~ ert esh Unless otherwise approved
height and area,
and visual impacts to surrounding p P
by the ARB, rooftop mechanical equipment shall be located at least ive
feet from the edge of the roof. Except for solar hot water heaters, no
residential water heaters shall be located on the roof.
31.No gas or electric meters shall be located within the required front or
street side yard setback areas. Alt domestic water service meters larger
than 3" in diameter and fire service Double Check Detector Assembly
4 of 23
(DCDA) systems shall be located in private property, above ground and
accessible for testing and maintenance. The ARB in its review shall pay
particular attention to the location and screening of such meters.
32. Prior to consideration of the project by the Architectural Review board, the
applicant shall review disabled access requirements with the Building and
Safety Division and make any necessary changes in the project design to
achieve compliance with such requirements. The ARB, in its review, shall
pay particular attention to the aesthetic, landscaping, and setback impacts
of any ramps or other features necessitated by accessibility requirements.
33.As appropriate, the ARB shall require the use of anti-graffiti materials on
surfaces likely to attract graffiti.
Construction Plan Requirements
34. Final building plans submitted for approval and issuance of a building
permit shall include on the plans a list of all permanent mechanical
equipment to be placed indoors which may be heard outdoors.
35.A11 new restaurants and cooking facilities at the site shall install Gravity
Grease Interceptors in order to pre-treat wastewater containing grease.
Interceptor sizing must be evaluated using Section 1014.3 of the 2006
Uniform Plumbing Code guidelines.
36.The minimum capacity of the interceptor will be determined by using table
10-3 of the 2006 Uniform Plumbing Code, Section 1014.3. Contributory
sources shall include wastewater from kitchen areas including pot sinks,
pre-rinse, dishwashers, floor drains, and mop sinks. Table 7-3 of Section
701.0 of the 2006 Uniform Plumbing Code will determine the Drainage
Fixture Unit Value (DFU) for each contributory source. All units shall be
fitted with a standard final-stage sample box.
37.The 2006 Uniform Plumbing Code guideline in sizing Gravity Grease
Interceptors is intended as a minimum requirement and may be increased
at the discretion of EPWM, Water Resources Protection Program staff.
Construction Period
38.Immediatety after demolition and during construction, a security fence, the
height of which shall be the maximum permitted by the Zoning Ordinance,
shall be maintained around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
39.Vehicles hauling dirt or other construction debris from the site shall cover
any open load with a tarpaulin or other secure covering to minimize dust
5 of 23
emissions. Immediately after commencing dirt removal from the site, the
general contractor shall provide the City of Santa Monica with written
certification that all trucks leaving the site. are covered in accordance with
this condition of approval.
40. Developer shall prepare a notice, subject to the review by the Director of
Planning and Community Development, that lists all construction
mitigation requirements, permitted hours of construction, and identifies a
contact person at City Hatl as well as the developer and contractor who
will respond to complaints related to the proposed construction. The
notice shall be mailed to property owners and residents within a 200-foot
radius from the subject site at least five (5) days prior to the start of
construction.
41.A sign shall be posted on the property in a manner consistent with the
public hearing sign requirements which shall identify the address and
phone number of the owner, developer and contractor for the purposes of
responding to questions and complaints during the construction period.
Said sign shall also indicate the hours of permissible construction work.
42.A copy of these conditions shall be posted in an easily visible and
accessible location at all times during construction at the project site. The
pages shall be laminated or otherwise protected to ensure durability of the
copy. .
Standard Conditions
43. No fence, gate, or wall within the required front yard setback, inclusive of
any subterranean garage slab and fencing, gate, or railing on top thereof,
shall exceed a height of 42" above actual grade of the property.
44. Mechanical equipment shall not be located on the side of any building
which is adjacent to a residential building on the adjoining lot, unless
otherwise permitted by applicable regulations. Roof locations may be
used when the mechanical equipment is installed within asound-rated
parapet enclosure.
45. Final approval of any mechanical equipment installation will require a
noise test in compliance with SMMC Section 4.12.040. Equipment for the
test shall be provided by the owner or contractor and the test shall be
conducted by the owner or contractor. A copy of the noise test results on
mechanical equipment shall be submitted to the Community Noise Officer
for review to ensure that noise levels do not exceed maximum allowable
levels for the applicable noise zone.
6 of 23
46. Final parking lot layout, specificatirovaaof the Transportat on Managemenlt
be subject to the review and app
Division.
47. Construction period signage shall be subject to the approval of the ARB.
48.The property owner shall insure any graffiti on the site is promptly
removed through compliance with the City's graffiti removal program.
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT {EPWM)
49. Developer shall be responsible for the payment of following EPWM permit
fees prior to issuance of a building permit:
Water Services
• Wastewater Capital Facility
• Water Demand Mitigation
e Fire Service Connection
Tieback Encroachment
• Encroachment of on-site improvements into public right-of-
way
50. Construction and Demolition Waste Management (deposit)
51. Developer shall be responsible for the payment of all Environmental and
Public Works Management Fees.
52.Any work or use of the public right-of-way will require a permit from the
EPWM -Administrative Services Division.
Drainage
53.Connections to the city owned sewer or storm drains require a sewer
permit from the EPWM -Civil Engineering and Architecture Division.
Connections to storm drains owned by Los Angeles County require a
permit from the LA County Department of Public Works.
54.To mitigate storm water and surface runoff from the project site, an Urban
Runoff Mitigation Plan shall be required by the Department of EPWM
pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape
plans for Architectural Review Board approval, the applicant shall contact
EPWM to determine applicable requirements, such as:
55.The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution
Ordinance for the construction phase and post construction activities;
56. Non-stormwater runoff, sediment and construction waste from the
7 of 23
construction site and parking areas is prohibited from leaving the site;
57.Any sediments or materials which are tracked off-site must be removed
the same day they are tracked off-site;
58. Excavated soil must be located on the site and soil stockpiles should be
covered and otherwise protected so that sediments are not tracked into
the street or adjoining properties;
59. No runoff from the construction site shall be allowed to leave the site; and
60. Drainage and erosion control measures shall be required depending on
the extent of grading and topography of the site, as per the Storm Water
Pollution Prevention Plan (SWPPP) to be prepared by the developer for
submittal to the State Water Resources Control Board (SWRCB), and
EPWM department.
61.Parking areas and structures and other facilities generating wastewater
with potential oil and grease content are required to pretreat the
wastewater before discharging to the City sewer or storm drain system.
Pretreatment will require that a clarifier or oil/water separator be installed
and maintained on site.
62. Prepare and submit water and sewer flow calculations to evaluate the
capacity of existing water and sewer mains at the locations of proposed
hook-ups for the project. Developer shall be responsible to upgrade the
mains if calculations show that the project will cause such mains to
receive greater demand than can be accommodated.
63. Developer is required to meet state cross connection and potable water
sanitation guidelines. Comply with cross connections guides.
(http://www.lapu bl ichealth.org/eh/progs/envirp/ehcross.htm).
64. If the project involves dewatering developer/contractor shall contact the LA
Regional Water Quality Control Board (RWQCB) to obtain an NPDES
Permit for discharge of groundwater from construction dewatering to
surface water. For more information visit:
http://www.waterboards.ca.aov/losanaeles/ and search for: Order #
R4-2003=0111.
Hazardous Materials
65. Prior to the demolition of any existing structure, the applicant shall submit
a report from an .industrial hygienist to be reviewed and approved as to
content and form by the EPWM/Environmental Programs Division. The
report shall consist of a hazardous materials survey for the structure
s ofzs
proposed for demolition. The report shall include a section on asbestos
and in accordance with the South Coast AOMD Rule 1403, the asbestos
survey shall be performed by a state Certified Asbestos Consultant (CAC).
The report shall include a section on lead, which shall be performed by a
state Certified Lead Inspector/Assessor. Additional hazardous materials
to be considered by the industrial hygienist shall include: mercury (in
thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs)
(including light Ballast), and fuels, pesticides, and batteries.
Streets
66.Unless otherwise approved by the Department of EPWM, all sidewalks
shall be kept clear and passable during the grading and construction
phase of the project.
67. Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
EPWM shall be reconstructed to the satisfaction of the Department of
EPWM.
68. Street and/or alley lighting shall be provided on public rights-of-way
adjacent to the project to the satisfaction of the Department of EPWM.
69. Streetscape for Ocean Avenue frontage, such as AC pavement
rehabilitation, replacement of sidewalk, curbs and gutters, installation of
street trees, lighting and other appropriate street improvements shall be
designed and installed to the satisfaction of the Department of EPWM and
Open Space Management Division.
70. Existing AC pavement along and for the full width of First Court frontage
shall be reconstructed in PCC to the satisfaction of the Department of
EPWM. Survey and plot grades shall be submitted for the entire alley
from block intersection to block intersection.
Off-site
71. Plans and specifications for off site improvements shall be prepared by a
Registered Civil Engineer licensed in the State of California for approval
by the City Engineer prior to issuance of a building permit.
72.Any proposed encroachments of on-site improvements into the public
right-of-way must be approved by the EPWM -Administrative Services
and require a permit.
73. For temporary excavation and shoring that includes tiebacks into the
public right-of-way, a tieback license agreement will be required.
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Environmental Mitigation
74.To mitigate solid waste impacts and prior to issuance of a building permit,
contact the EPWM -Solid Waste Management Division for requirements
of the refuse and recycling enclosure and where feasible install trash
compaction devices to reduce the volume of solid waste for disposal.
Show compliance with these requirements on the building plans. Prior to
issuance of a Certificate of Occupancy submit a recycling plan to the Solid
Waste Management Division for its approval. The recycling plan shall
include:
1) List of materials such as white paper, computer paper, metal
cans, and glass to be recycled;
2) Location of recycling bins;
3) Designated recycling coordinator;
4) Nature and extent of internal and external pick-up service;
5) Pick-up schedule; and
6) Plan to inform tenants/ occupants of service.
75. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets
and 1.0 gallon urinals and low flow shower head.)
76. For new pools installation of unglazed solar water heating system is
required to heat the pool water.
Construction Period Mitigation
77.A construction period mitigation plan shall be prepared by the applicant for
approval by the Department of Environmental and Public Works
Management prior to issuance of a building permit. The approved
mitigation plan shall be posted on the site for the duration of the project
construction and shall be produced upon request. As applicable, this plan
shall:
1) Specify the names, addresses, telephone numbers and
business license numbers of all contractors and subcontractors
as well as the developer and architect;
2) Describe how demolition of any existing structures is to be
accomplished;
3) Indicate where any cranes are to be located for
erection/construction;
4) Describe how much of the public street, alleyway, or sidewalk is
proposed to be used in conjunction with construction;
5) Set forth the extent and nature of any pile-driving operations;
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6) Describe the length and number of any tiebacks which must
extend under the property of other persons;
7) Specify the nature and extent of any dewatering and its effect
on any adjacent buildings;
8) Describe anticipated construction-related truck routes, number
of truck trips, hours of hauling and parking location;
9) Specify the nature and extent of any helicopter hauling;
10)State whether any construction activity beyond normally
permitted hours is proposed;
11)Describe any proposed construction noise mitigation measures,
including measures to limit the duration of idling construction
trucks;
12)Describe construction-period security measures including any
fencing, lighting, and security personnel;
13)Provide aconstruction-period parking plan which shall minimize
use of public streets for parking;
14)List a designated on-site construction manager;
15)Provide a construction materials recycling plan which seeks to
maximize the reuse/recycling of construction waste;
16)Provide a plan regarding use of recycled and low-
environmental-impact materials in building construction; and
17)Provide a construction period drainage and erosion. control plan.
78. Dust generated by the development activities shall be kept to a minimum
with a goal of retaining dust on the site through implementation of the
following measures recommended by the SCAQMD Rule 43 Handbook:
1) During clearing, grading, earth moving, excavation, or
transportation of cut or fill materials, water trucks or sprinkler
systems are to be used to the extent necessary to prevent
dust from leaving the site and to create a crust after each
day's activities cease.
2) During clearing, grading, earth moving, excavation, or
transportation of cut or fill materials, streets and sidewalks
within 150 feet of the site perimeter shall be swept and
cleaned a minimum of twice weekly or as frequently as
required by the EPWM Department.
3) During construction, water trucks or sprinkler systems shall
be used to keep all areas of vehicle movement damp
enough to prevent dust from leaving the site. At a minimum,
this would include wetting down such areas in the later
morning and after work is completed for the day and
whenever wind exceeds 15 miles per hour.
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4) Soil stockpiled for more than two days shall be covered, kept
moist, or treated with soil binders to prevent dust generation.
79. Construction equipment used on the site shall meet the following
conditions in order to minimize NOx and ROC emissions:
1) Diesel-powered equipment such as booster pumps or
generators should be replaced by electric equipment to the
extent feasible; and
2) The operation of heavy-duty construction equipment shall be
limited to no more than 5 pieces of equipment at one time.
80.AII diesel equipment shall be operated with closed engine doors and shall
be equipped with factory-recommended mufflers.
81. Electrical power shall be used to run air compressors and similar power
tools.
82. For all noise-generating activity on the project site associated with the
installation of new facilities, additional noise attenuation techniques shall
be employed to reduce noise levels to City of Santa Monica noise
standards. Such techniques may include, but are not limited to, the use of
sound blankets on noise generating equipment and the construction of
temporary sound barriers between construction sites and nearby sensitive
receptors.
OPEN SPACE MANAGEMENT
83. Street trees shall be maintained, relocated or provided as required in a
manner consistent with the City's Community Forest Management Plan
2000, per the specifications of the Community Forrester. No street trees
shall be removed without the approval of the Community Forrester.
FIRE
84.A security gate shall be provided across the opening to the subterranean
garage. If any guest parking space is located in the subterranean garage,
the security gate shall be equipped with an electronic or other system
which will open the gate to provide visitors with vehicular access to the
garage without leaving their vehicles. Provide a Knox box and shell. The
security gate shall receive approval of the Police and Fire Departments
prior to issuance of a building permit.
ENVIRONMENTAL MITIGATIONS
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I. AESTHETICS
AES-1 (c) All notable trees that must be removed shall be transplanted on-site
or to a suitable nearby location, unless approved by the City's Urban
Forrester as unsuitable for relocation. Tree transplantation shall be
performed by a qualified arborist, landscape architect, or tree expert, as
approved by the City's Urban Forrester, and as may be provided for in the
DDA All trees that are to be reused on-site shall be boxed in appropriately
sized containers and temporarily relocated to protect them from physical
injury.
AES-1 (d) A landscaping plan shall be prepared, including a street tree plan,
by a licensed California landscape architect. All landscape areas shall be
maintained in a first-class condition at all times. Any plants that die shall
be replaced immediately on a one-to-one basis.
AES-3(a) Shielded Exterior Lighting. The applicant shall design exterior
building to ensure that no light projects onto adjacent sites. Such lighting
shall incorporate "cut-ofP' shields as appropriate to prevent an increase in
lighting at adjacent and nearby uses.
AES-3(b) Shielded Landscape Illumination. landscape illumination and
exterior sign lighting shall be accomplished with low-level, unobtrusive
fixtures. Such lighting shall be creatively shielded to direct light pools
away from off-site viewers.
11. AIR QUALITY
AQ-1 TDM Program. The City and developers shall develop a
transportation demand management (TDM) program for the project site
that includes, but is not limited to:
Inclusion in final site design ATMs, postal machines, and other similar
facilities that would minimize the need to travel off-site for such services;
• Options for on-site employers to make flex time. and staggered work hours
available to employees when feasible;
Incentives and educational materials to encourage employees and
shoppers to use alternatives to the drive alone automobile for commuting;
including walking, bicycling, public transit, and carpooling (incentives may
include, but are not limited to, preferred parking spaces for carpoolers,
and bicycle lockers foremployees);
• Incentives and educational materials to encourage employees and
shoppers to use electric vehicle parking spaces required by the Municipal
Code
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III. CONSTRUCTION EFFECTS
CON-1 Construction Impact Mitigation Plan. The applicant shall
prepare and implement a Construction Impact Mitigation Plan to provide
for traffic and parking capacity management during construction. This
plan shall be subject to review and approval by the City and, at a
minimum, shall include the following:
• Phasing of construction activities for each project component to minimize
disruption to the roadway network;
A public information program to advise motorists of impending
construction activities (e.g., media coverage, portable message signs, and
information signs at the construction site);
• Approval from the City, or Caltrans if required, for any construction detours
or construction work requiring encroachment into public rights-of-way, or
any other street use activity (e.g., haul routes);
• Timely notification of construction schedules to all affected agencies (e.g.,
Police Department, Fire Department, Department of Public Works,
Department of Planning and Community Development, Los Angeles
County Superior Court, Los Angeles County Sheriffls Department, and
transit agencies);
• Coordination of construction work with affected agencies five to ten days
prior to start of work;
A traffic control plan for the streets surrounding the work area, which
includes specific information regarding the project's construction and
activities that will disrupt normal traffic flow;
• Minimizing dirt and demolition material hauling and construction material
delivery during the morning and afternoon peak traffic periods and
cleaning of streets and equipment as necessary;
• Scheduling and expediting of work to cause the least amount of disruption
and interference to the adjacent vehicular and pedestrian traffic flow.
Weekday daytime work on City streets shall primarily be performed
between the hours of 9:00 AM and 3:00 PM;
Limiting of queuing of trucks to on-site and prohibition of truck queuing on
area roadways;
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• Scheduling of preconstruction meetings with affected agencies to properly
plan methods of controlling traffic through work areas;
• Designation of off-site construction staging areas;
• Storage of construction material and equipment within the designated
work area and limitation of equipment and material visibility to the public;
• Provision of off-street parking for construction workers, which may include
the use of a remote location with shuttle transport to the site, if determined
necessary by the City of Santa Monica;
• Provision of off-street parking for employees of the Civic Center Specific
Plan area, which may include the use of a remote location with shuttle
transport to the site, if determined necessary by the City of Santa Monica;
• Construction trucks and equipment shall be staged so that access to
Vicente Place is not blocked
• Alleys between Ocean Boulevard and the Promenade/Ocean Front Walk
shall not be used by construction vehicles during construction within the
Civic Center Specific-Plan area; and
• Construction vehicles shall not use Appian Way.
CON-2(a) Dust Minimization. Dust generated by the development activities
shall be kept to a minimum with a goal of retaining dust on the site through
implementation of the following:
• During clearing, grading, earth moving, excavation, or transportation of cut
or fill materials, water trucks or sprinkler systems are to be used to the
extent necessary to prevent dust from leaving the site and to create a
crust after each day's activities cease.
• During clearing, grading, earth moving, excavation, or transportation of cut
or fill materials, streets and sidewalks within 150 feet of the site perimeter
shall be swept and cleaned a minimum of twice weekly.
• During construction, water trucks or sprinkler systems shall be used to
keep all areas of vehicle movement damp enough to prevent dust from
leaving the site. At a minimum, this would include wetting down such
areas in the later morning and after work is completed for the day and
whenever wind exceeds 15 miles per hour.
• Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
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CON-2(b) Construction Equipment Conditions. Construction equipment
used on the site shall meet the following conditions in order to minimize
NOx and ROC emissions:
• The number of pieces of equipment operating simultaneously must be
minimized through efficient management practices;
• Construction equipment must be maintained in tune per manufacturer's
specifications;
• Equipment shall be equipped with 2- to 4-degree engine timing retard or
pre-combustion chamber engines;
• Catalytic converters shall be installed, to the extent feasible;
• Diesel powered equipment such as booster pumps or generators should
be replaced by electric equipment, to the extent feasible; and
• The operation of heavy-duty construction equipment shall be limited to no
more than 5 pieces of equipment at any one time.
CON-2(c) Low-VOC Coatings. Low-VOC architectural coatings shall be
used in construction whenever feasible and shall coordinate with the
SCAQMD to determine which coatings would reduce VOC emissions to
the maximum degree feasible.
CON-3(a) Diesel Equipment Mufflers. All diesel equipment shall be
.operated with closed engine doors and shall be equipped with factory-
recommended mufflers.
CON-3(b)Etectrically-Powered Tools. Electrical power shall be used to run
air compressors and similar power tools.
CON-3(c)Additional Noise Attenuation Techniques. For all noise
generating construction activity on the project site, additional noise
attenuation techniques shall be employed to reduce noise levels to City of
Santa Monica noise standards. Such techniques may include, but are not
limited to, the use of sound blankets on noise generating equipment and
the construction of temporary sound barriers between construction sites
and nearby sensitive receptors.
CON-3(d)Construction Sign Posting. In accordance with Municipal Code
Section 4.12.210, the project applicant shall be required to post a sign
informing all workers and subcontractors of the time restrictions for
construction activities. The sign shall also include the City telephone
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numbers where violations can be reported and complaints associated with
construction noise can be submitted.
CON-3(e) Construction Noise Hotline. Project applicants shall provide a
telephone number for local residents to call to submit complaints
associated with construction noise. The number shall be posted on the
project site and shall be easily viewed from adjacent public areas.
CON-4(b)Separation of Recyclable Construction Waste. During
construction and demolition activities, the applicant shall separate for
recycling all materials that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, woodwaste, and clean fill.
CON-4(c) Removal of Recyclable Materials. The applicant shall schedule
the removal of reusable and recyclable materials prior to demolition to
maximize recovery rate.
CON-4(d) Bins for Recyclable Construction Waste. The applicant shall
provide separate bins for all recyclables on-site. Such bins shall be
labeled clearly in several languages or with universal symbols. The
applicant shall also provide orientation prior to the start of construction for
workers to train them to use the recycle bins provided. If there is
insufficient space on-site, the applicant shall contract with a recycling
company to receive mixed loads for separation and recycling.
CON-4(e)The applicant shall use pre-engineered or factory cut material.
Examples of this type of material .include, but are not limited to, factory
trusses, laminated and other engineered wood products, sheet metal
cladding and roofing, 9-foot gypsum board, pre-cut headers, and pre-
assembled joist bridging. The applicant shall also use reusable and
recyclable forming materials, such as steel forms or standard wood
systems, where feasible.
IV. CULTURAL RESOURCES
CR-10(a) At the commencement of project construction, all workers
associated with earth disturbing procedures shall be given an orientation
regarding the possibility of exposing unexpected cultural remains by an
archaeologist and directed as to what steps are to be taken if such a find
is encountered.
CR-10(b) In the event that archaeological resources are unearthed during
project construction, all earth disturbing work within the vicinity of the find
must be temporarily suspended or redirected until an archaeologist has
evaluated the nature and significance of the find. After the find has been
appropriately mitigated, work in the area may resume. If human remains
are unearthed, State Health and Safety Code Section 7050.5 requires that
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no further disturbance shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public
Resources Code Section 5097.98. If the remains are determined to be of
Native American descent, the coroner has 24 hours to notify the Native
American Heritage Commission (NAHC). The NAHC will then identify the
person(s) thought to be the Most Likely Descendent (MLD) of the deceased
Native American, who will then help determine what course of action should
be taken in dealing with the remains.
V. GEOLOGY AND SOILS
GEO-1(a)Design and construction of the buildings proposed in the Civic
Center Specific Plan shall be engineered to withstand the expected
ground acceleration that may occur at this site. The calculated design
base ground motion for the site shall take into consideration the soil type,
potential for liquefaction, and the most current and applicable seismic
attenuation methods that are available. For any buildings considered
essential facilities, as defined in the Uniform or California building codes,
the buildings shall be designed to withstand the upper bound earthquake
ground motion. All on-site structures shall comply with applicable
provisions of the 1997 Uniform Building Code and the 1998 California
Building Code.
GEO-2 Additional Geotechnical Study. Prior to issuance of a building
permit for any new construction in the Civic Center Specific Plan, a
geotechnical study shall be completed to adequately assess the
liquefaction potential and compaction design of the soils underlying the
proposed bottom grade of any structure built within the Civic Center
complex. The borings shall be completed up to at least 50 feet below the
existing ground surface or up to 50 feet below the lowest proposed
finished grade of the structure or 20 feet below the lowest caisson or
footing (whichever is deeper). If these soils are confirmed to be prone to
seismically-induced liquefaction, appropriate techniques to minimize
liquefaction potential shall be prescribed and implemented. All on-site
structures, including the proposed truck tunnel, shall comply with
applicable methods of the Uniform Building Code and California Building
Code. Suitable measures to reduce liquefaction impacts could include
specialized design of foundations by a structural engineer, removal or
treatment of liquefiable soils to reduce the potential for liquefaction,
drainage to lower the groundwater table to below the level of liquefiable
soils, in-situ densification of soils, or other alterations to the ground
characteristics.
GEO-3(a)All artificial fill material or unsuitable native soil identified in the
Geotechnical Report(s) that is located below the footprint of proposed
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structures shall be removed and hauled off site or processed into a
suitable building material.
CEO-3(b)All fill material used for construction shall be approved by a
geotechnical or civil engineer, and all backfill and foundation sub-grade
shall be certified by a geotechnical or civil engineer for proper compaction.
CEO-3(c)All fill material used for backfill after abandonment of any below-
grade levels within the project area shall be approved by a geotechnical or
civil engineer. In addition, the backfill shall be certified by a geotechnical
or civil engineer for proper compaction.
CEO-4(a)Appropriate geotechnical investigations, as mandated by the
building codes, shall be performed prior to the design of any structure.
These geotechnical studies shall be used to design the excavations and
shoring to prevent destabilization of the sidewalls. A civil or geotechnical
professional shall field test the excavation to determine proper sloping of
the excavations. Where proper slopes cannot be used, shoring must be
used. This shoring shall be designed to the satisfaction of the project civil
engineer and take into account all lateral load parameters and the
possible presence of groundwater at the bottom grade of the excavations
or the base of the shoring soldier piles (if used). A monitoring system
shall be implemented to evaluate the shoring system.
CEO-4(b)All excavations for parking structures, buildings, the tunnel, or the
possible future water tank shall comply with all applicable regulations of
the California Occupational Safety and Hazard Administratian guidelines
as they pertain to excavations.
GEO-4(c) Before construction begins, a groundwater study shall be
completed to predict the groundwater levels expected during excavation
activities. The study shall include the installation of at least one on site
groundwater monitoring well and an historical evaluation of groundwater
levels in the site area. If it is discovered that the groundwater levels will
pose a problem, then appropriate measures shall be taken to de-water the
excavation before grading and construction of the parking structure
begins. In addition, subterranean structures that have the potential to
accumulate groundwater or percolating surface water shall include a
mechanism of removing groundwater or percolating surface water, which
may collect in the structures. The removal system shall be designed to
prevent the structure from flooding.
CEO-4(d)To mitigate impacts associated with the potential presence of
contaminated groundwater which may be pumped during construction, the
applicant shall obtain the proper discharge permits (such as a National
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Pollution Discharge Elimination System -NPDES permit) or sanitary
sewer discharge permit from the Regional Water Quality Control Board or
the Sanitary District, respectively. Sampling of the discharge shall be
performed, as required by the permit conditions.
GEO-4(e) If groundwater or percolating surface water removal is to be
continuously performed to maintain the usability of any subterranean
structure, then the proper groundwater discharge permits (a NPDES
permit is obtained from the Regional Water Quality Control Board for the
discharge of groundwater into the storm drain system) shall be obtained
by the applicant. The .permit conditions generally require periodic
monitoring for contaminants and the calculation of discharge volume. If
such a system is to be installed at this site, then the appropriate permits
must be obtained, the permit conditions followed,. and the groundwater
removal system shall be maintained in proper order to ensure its proper
operation.
GEO-4(tJ All walls of subterranean structures shall be waterproofed to protect
against corrosive effects of water contact and to minimize the seeping of
water into the subterranean structure.
GEO-5 Soil Expansion Analysis. Prior to issuance of a building permit,
soil samples of final sub-grade areas and excavation sidewalls shall be
collected and analyzed for their expansion index. For areas where the
expansion index is found to be greater than 20, the appropriate grading
and foundation designs shall be engineered to withstand the existing
conditions. The expansion testing may be omitted if the grading and
foundations are engineered to withstand the presence of highly expansive
soils.
GEO-6(a) Storm Water Pollution Prevention Plan. The applicant shall
require the building contractor to prepare and institute a Storm Water
Pollution Prevention Plan (SWPPP) during construction. A SWPPP for
site construction shall be developed and approved prior to the initiation of
grading and implemented for all construction activity on the project site in
excess of five acres. The SWPPP shall include specific Best
Management Practices (BMPs) to minimize the loss of soil from the site
during construction activities. BMP methods may include, but would not
be limited to, the use of temporary retention basins, straw bales, sand
bagging, mulching, erosion control blankets, soil stabilizers and dust
control using the minimum amount of water without adding to runoff.
Additional BMPs shall be implemented for any fuel storage or fuel
handling that could occur on-site during construction and the temporary
storage of all heavy equipment shall be confined to one localized area.
The SWPPP must be prepared in accordance with the guidelines adopted
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by the State Water Resources Control Board.
GEO-S(b) Covering and Removal of Stockpiles. All stockpiles of excavated
material shall be covered with an impervious material during storage and
shall be removed from the site within 3 weeks of being excavated or they
shall be used for grading or backfill if the material fulfills the requirements
of measures GEO-3(b and c) above.
GEO-6(c) Standard erosion control practices shall be implemented per the
requirements of the City's Urban Runoff Pollution Control Ordinance.
VI. HAZARDS AND HAZARDOUS MATERIALS
HHS-3(a) To determine the likelihood of contaminated soil a phase I report
was prepared following demolition of the RAND building. If contaminated
soil or groundwater is suspected to be present within the proposed
building's excavation footprint, the applicant shall perform additional soil
sampling and analysis to determine lateral extent of contamination and
follow the procedures specified in Mitigation Measures HHS-4(c) and
HHS-4(d) of this EIR.
HHS-4(a) Prior to project development for which a Phase I environmental
assessment has not been completed, Phase I environmental site
assessments shall be performed to determine the likelihood of
contaminants in areas beyond what has already been assessed. The
Phase I ESA shall follow the current ASTM standard (as of this writing, the
current ASTM standard is ASTM E 1527-00).
HHS-4(b) If contaminated soil is suspected to be present within any building
excavation footprint, or open space area, the applicant shall perform soil
sampling and analysis to determine the vertical and lateral extent of
contamination.
HHS-4(c) If contaminants are detected in soil at levels that exceed suggested
cleanup goals, such as the levels established by the RWOCB (May 1995
Guidebook), US EPA's Preliminary Remediation Goals, one in one million
cancer risk, or a health risk index above 1, then the results of the soil
sampling shall be forwarded to the local regulatory agency (City of Santa
Monica Environmental Program Division, and/or the Los Angeles Regional
Water Quality Control Board, and/or the State of California Environmental
Protection Agency Department of Toxic Substances Control). The
agency(s) shall review the data and either sign off on the property or
determine if any additional investigation or remedial activities are deemed
necessary.
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HHS-4(d) If concentrations of contaminants warrant site remediation,
contaminated materials shall be remediated either prior to construction of
structures, or other areas where asphalt or concrete will not cover the
ground surface, or concurrent with construction. The contaminated
materials shall be remediated under supervision of an environmental
consultant licensed to oversee such remediation. The remediation
program shall also be approved by a regulatory oversight agency, such as
the City of Santa Monica Environmental Program Division, Los Angeles
Regional Water Quality Control Board, or the State of California
Environmental Protection Agency Department of Toxic Substances
Control. All proper waste handling and disposal procedures shall be
followed. Upon completion of the remediation, the environmental
consultant shall prepare a report summarizing the project, the remediation
approach implemented, and the analytical results after completion of the
remediation, including all waste disposal or treatment manifests.
HHS-5(a) If, during the implementation of mitigation measure HHS-3 or HHS-
4, groundwater contamination is suspected, or if soil contamination is
detected at depths at or greater than 30 feet below grade, then the
applicant shall perform a groundwater sampling assessment. If
contaminants are detected in groundwater at levels that exceed maximum
contaminant levels for those constituents in drinking water, or if the
contaminants exceed health risk standards such as Preliminary
Remediation Goals, one in one million cancer risk, or a health risk index
above 1, then the results of the groundwater sampling shall be forwarded
to the appropriate regulatory agency (City of Santa Monica Environmental
Program Division, Los Angeles Regional Water Quality Control Board, or
the State of California Environmental Protection Agency Department of
Toxic Substances Control). The agency shall review the data and sign off
on the property or determine if any additional investigation or remedial
activities are deemed necessary.
HHS-5(b) If concentrations of contaminants warrant site remediation,
contaminated materials are to be removed or properly mitigated. The
contaminated materials are to be removed or mitigated under supervision
of an environmental consultant licensed to oversee such remediation. The
remediation program shall also be approved by a regulatory oversight
agency, such as the City of Santa Monica Environmental Program
Division, Los Angeles Regional Water Quality Control Board, or the State
of California Environmental Protection Agency Department of Toxic
Substances Control. All proper waste handling and disposal procedures
shall be followed. Upon completion of the remediation, the environmental
consultant shall prepare a report summarizing the project, including all
waste disposal or treatment manifests.
HHS-6 All excavation and demolition projects conducted within the Civic
Center Specific Plan area shall have a contingency plan to be
22 of 23
implemented in the event that contaminants or structural features that
could be associated with contaminants or hazardous materials are
suspected or discovered. The contingency plan shall identify appropriate
measures to be followed if contaminants are found or suspected. The
appropriate measures shall identify personnel to be notified, emergency
contacts, and a sampling protocol to be implemented. The excavation and
demolition contractors shall be made aware of the possibility of
encountering unknown hazardous materials, and shall be provided with
appropriate contact and notification information. The contingency plan
shall include a provision stating at what point it is safe to continue with the
excavation or demolition, and identify the person authorized to make that
determination.
VIII. LAND USE AND PLANNING
LU-1 Live-work/Artisan Units: A storage area(s) for live-work/artisan
unit-related production materials and wastes that cannot be disposed of in
residential trash shall be designated in accordance with criteria
established by the Santa Monica Fire Department and shall provide 100%
containment. The specifications for such storage area(s) shall be
provided on the final plans. The developer shall provide an informational
permanent sticker on all disposal receptacles at the project site regarding
the dumping of hazardous substances, such as paints, solvents, etc. and
their effect on the storm drain system and the Santa Monica Bay.
X. NOISE
N-2(a) Rooftop Ventilation. Parapets shall be installed around all
rooftop ventilation systems.
N-2(b) Trash Pickup. All trash pickups shall be restricted to
operating hours of 7:00 AM to 9:00 PM Monday through Friday and 8:00
AM to 9:00 PM on weekends.
XIV. TRANSPORTATIONITRAFFIC
Component 1:
T-4(a) Village Special Use District (SUD) and Santa Monica
Place Special Use District (SUD). Parking for the residential and
commercial uses within the Village SUD and Santa Monica Place SUD shall
be provided on site and shall be either in accordance with the requirements
of the City code at that time, or in accordance with aCity-approved parking
demand study based upon the actual mix and type of housing units to be
constructed.
23 of 23
EXHIBIT ""
Mitigation Monitoring Program
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mtigatlon MeasurelCondition of Approval
'. Action Required When
Monitoring to Monitoring -.:Compliance Verification
.Occur: Frequency
For the.Village resftlenGal Development analyzed in the '
Responsible Initial Date Comments.
April 2008 Addendum; the Developer is only required to :Agency or
implement those MMP measures that are Project
conditions andreferenced iri Exhifiit C to the Pamr
Development Agreement for "The Village at Santa
Monica"
1. AESTHETICS
AES-1 (a) Comnonent 2. Policies SMP-23 and SMP- Verifcation of policy Prior to Once PCD
24 should be revised to allow a mixed-use building of revisions approval of
varying heights that provides greater Flexibility in design building plans
for provision of the allowed density of residential and
commercial uses (e.g., that may allow development of
residential uses above commercial uses).
AES-7 (b) Comnonent 2. Development shall include Approval of building plans to Prior to Once PCD
screening of mechanical equipment and use of low- verify compliance with the issuance of
reflective roofing materials to reduce potential visual and stated requirements. building
glare impacts for adjacent residential, commercial and Approved building plans permits
hotel uses which have downward views of the shall be kept on file at City
reconfigured commercial uses of Santa Monica Place. Hall and shall be available
for public review.
Key: PCD - Cify of Santa Monica Planning and Community Development Department
TMD - Cily of Santa Monica Transportation Management Division
UD- City of Santa Monica Utilities Division
CCSD -City of Santa Monica Communty and Cultural Services Depanment
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD-Environmental Programs Division
City of Santa Monica
MMRP-2
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mtigation Measure/Condition of Approval
Action Required
When
Monitoring to"
Monitoring -.
Compliance Verification
Occur pmquency
For the.Vlllage residenGall~velopment analyzedin the Responsible :Initial Uate Comments
April20D8 Addendum, the Developer is only required to
implement those MMP measures that areProject Agl:nc or
y
conditions andreferenced iri Exhidit C to the Party
Development Agreement for "Tile Village at Santa
Monica"
AES-1(c) All Components. All notable trees that must Field check to ensure During Periodically CCSD
be removed shall be transplanted on-site or to a suitable compliance with the stated construction
nearby location, unless approved by the City's requirements
Community and Cultural Services Department as
unsuitable for relocation. Any trees deemed unsuitable
for relocation and removed shall be replaced on site or
at a nearby location on a three-to-one basis, as
approved by the City's Community and Cultural Services
Department. Tree transplantation shall be performed by
a qualified arborist, landscape architect, or tree expert,
as approved by the City's Community and Cultural
Services Department. All trees that are to be reused on-
site shall be boxed in appropriately sized containers and
temporarily relocated to protect them from physical
injury.
AES-1 (d) All Components. A landscaping plan shall Approval of landscaping Prior to Once PCD
be prepared, including a street tree plan, by a licensed plan to verify compliance approval of
California landscape architect. All landscape areas shall with the stated requirements grading
be maintained in a first-class condition at all times. Any permits
plants that die shall be replaced immediately on aone-
toronebasis. Field check to confrm Prior to Once PCD
implementation of approved issuance of
planting scheme occupancy
permits
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD -City oT Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and PubUC Works Management Department
EPD-Environmental Programs Division
City of Sanfa
MMRP-3
Santa Monica Civic Center Specific Plan
Mitigation Monitoring antl Reporting Program
-
Mitigation MeaeurelConditidn of Approval
: Action Required - When
Monitoring to Monitoring '. Compliance Verigcation
Occur Frequency
For theyillage residential Development analyzed in the Responsible Initial Date r Comments
Apol 2008 Addendum,: the Developer is only required to ; Agency or
Implement those MMP measures that are Project .;:Party
conditions and referenced in Exh)tiiCC to the
Development Agreement for "TAe"Village at Santa
Monica"
AES-1 (e) Component 4. Any chain link fencing Field check to confirm Prior to Once PCD
adjacent to the proposed athletic Teld, shall be screened implementation of issuance of
with landscaping, which could include trailing vines or requirements occupancy
alternative fencing shall be designed by an architect or permits
artist as a creative and visually appealing element of the
park.
AES-2(a) Landscaping along the Main Street Axis. Approval of landscape plan ~ Prior to Once for plan PCD
Landscaping along the Main Street axis (including the to vedfy compliance with submittal for approval
Town Square and Main Street Circle) shall be provided requirements. Approved ARB review
to enhance the view corridor toward the Civic Auditorium landscape plans shall be
from the new City Services Building. kept on file at the City and
shall be available for public
review.
AES3(a) Shielded Exterior Lighting. The applicant Approval of final lighting Prior to Once PCD
shall design exterior building to ensure that no light plans to verify compliance issuance of
projects onto adjacent sites. Such lighting shall with the stated building
incorporate "cut-off' shields as appropriate to prevent an requirements. Approved permits
increase in lighting at adjacent and nearby uses. lighting plans shall be open
for public review at City Hall.
Field check to ensure Prior to Once PCD
implementation of the issuance of
approved plan occupancy
permits
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community antl Cultural Services Department
EPW M -City oT Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
MMRP-4
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
' -
.Mitigation Measure/Contlitioh of Approval
Action Required When
Monitoring to Monitoring Compliance Verification -
Occur prequency
For the Village residential Development analyzed in the
Responsible ihitial Date Comments
April 2008 Addendum, the Developer Is only repulsed fo Agency or
implement those MMP measures that are Project. Party
conditions and referenced m EzhibitC fo the .
Development Agreement for "The Dillage at Santa`
Monica"
AES3(b) Shielded Landscape Illumination. Approval of Tnal lighting Prior to Once PCD
Landscape illumination and exterior sign lighting shall be plans to verify compliance issuance of
accomplished with low-level, unobtrusive fixtures. Such with the stated building
lighting shall be creatively shielded to direct light pools requirements. Approved permits
away from off-site viewers. lighting plans shall be
available for public review at
City Hall.
Field check to ensure Prior to Once PCD
implementation of the issuance of
approved plan occupancy
permits
AES•3(c) Athletic Field Lighting. Lighting for the Approval of final design Prior to Once PCD
athletic feld shall only be the intensity of lighting plans to verify compliance issuance of
necessary to adequately perform night sport-related with the stated requirements building
activities on the field. Sports activities on the Feld shall permits
not occur after 11:00 pm, and the field lighting shall be
turned off at 11:15 pm. Security lighting for pedestrian
pathways and parking areas may remain on after this
time.
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Depanment
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-5
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCondition of Approval
Action Required Whon
Monitoring to Monitoring rComplianceVerification
Occur Frequency
For theVillage resldent~al Development anatyzetl in the Responsible Initial Date' Comments
April 2008 Addentldm; the Developer is only required to
' Agency or
implement those MMP measures Ghat are Project Party
conditions and referenced in Exhibit C to the
Development Agreement for "TheVillage at Santa
Monica"
IL AIR QUALITY
AQ-1 TDM Program. The City and developers shall Approval of TDM program to Prior to Once TMD
develop a transponation demand management (TDM) venfy compliance with issuance of a
program for the project site that includes, but is not stated requirements building permit
limited to:
Inclusion in fnal site design ATMs, postal machines,
and other similar facilities that would minimize the
need to travel off-site for such services;
Options for on-site employers to make flex time and
staggered work hours available to employees when
feasible;
• Incentives and educational materials to encourage
employees and shoppers to use alternatives to the
drive alone automobile for commuting; including
walking, bicycling, public transit, and carpooling
(incentives may include, but are not limited to,
preferred parking spaces for rarpoolers, and bicycle
lockers for employees);
Incentives and educational materials to encourage
employees and shoppers to use electric vehicle
parking spaces required by the Municipal Code.
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
.------ Formatted: Indent: Left: 0",
Hanging: 0.19", Bulleted + Level: 1
+ Aligned at: 0.5" + Tab after: 0.5"
+ Indent at: 0.5", Tabs: 0.19", List
tab + Not at 0.25" + 0.5"
City of Santa Monica
MMRP-6
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
-
Mitigation MeasurelCondition of Approval
'. Action Required - When
Monitoring to Monitoring Compliance Verification-
Occur .Frequency
For the Village resfdehhal Development analyzed in the Responsible Ipitial Date 'Comments
Apnl 2008 Addendum, the Developer is only required fo
" Agency or
implement those MMP measures that are Project party
contlifiohs and referenced in ExhitiifC fo the
Development Agreement for "The Village at Santa
.Monica"
111. CONSTRUCTION EFFECTS
CON-t Construction Impact Mitigation Plan.The Approval of construction Priorto Once EPWM
applicant shall prepare and implement a Construction mitigation plan to verify issuance of a
Impact Mitigation Plan to provide for traffic and parking compliance with stated grading permit
capacity management during constmction. This plan requirements
shall be subject to review and approval by the City and,
at a minimum, shall include the following:
Phasing of construction activities for each project
component to minimize disruption to the roadway
network;
A public information program to advise motorists of
impending construction activities (e.g., media
coverage, portable message signs, and information
signs at the construction site);
Approval from the City, or Caltrans if required, for any
construction detours or construction work requiring
encroachment into public rights-of-way, or any other
street use activity (e.g., haul routes);
Timely notification of censtruction schedules to all
affected agencies (e.g., Police Department, Fire
Department, Department of Public Works,
Department of Planning and Community
Development, Los Angeles County Superior Court,
Los Angeles County Sheriffs Department, and transit
a encies ;
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD - City ai Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
"-'--"' Formatted: Indent: Left: 0",
Hanging: 0.19", Bulleted + Levei: 1
+Aligned at: 0.5" +Tab after: 0.5"
+ Indent aC 0.5", Tabs: 0.19", List
tab + Not at 0.25" + 0.5"
City of Santa Monica
MMRP-7
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCondltion of ApprovaP
"Action Required When
Monitoring to'
Occur Monitoridg
Frequency .Compliance Verificatiod
-
For theVillage residential Development analyzed in the
0
Responsible Initial Date Comments
April 2
08 Addendum, the Developer is only required fo Agency or
implement those MMP measures'that are Project
' .
Party
cohditidhs and referenced iii
Exhitiit C to the
Development Agreement for "TheVillage at Santa
Monica"
• Coordination of construction work with affected
agencies fve to ten days prior to start of work;
• A traffic control plan for the streets surrounding the
work area, which includes specifc information
regarding the project's construction and activities that
will disrupt normal traffic flow;
• Minimizing dirt and demolition material hauling and
construction material delivery during the morning and
afternoon peak traffic periods and cleaning of streets
and equipment as necessary;
Scheduling and expediting of work to cause the least
amount of disruption and interterence to the adjacent
vehicular and pedestrian tmffcflow. Weekday
daytime work on City streets shall primarily be
performed between the hours of 9:00 AM and 3:00
PM;
• Limiting of queuing of trucks to on-site and
prohibition of truck queuing on area roadways;
• Scheduling of preconstruction meetings with affected
agencies to properly plan methods of controlling
traffic through work areas;
• Designation of off-site construction staging areas;
• Storage of construction material and equipment
within the designated work area and limitation of
equipment and material visibility to the public;
• Provision of off-street arkin for construction
Key: PCD -City of Santa Monica Planning and Community Development Depadmenl
TMD - Cily of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public W orks Management Depanment
EPD -Environmental Programs Division
MMRP-S
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCondition of Approval
Action Required When
Monitoring to. Monitoring Compliange Verification'
Occur Frequency
For the Village residdnhal Development analyzed in the Responsible 'Initial Date Comments.
Apd1.2008 Addendum, the Developer is only required to Agency or
implement those MMP measures that are Project f :Party
conditions and referenced in EzAitiit C to the
DevelopmentAgreement for "The Village at Santa
Monica"
workers, which may include the use of a remote
location with shuttle transport to the site, if
determined necessary by the City of Santa Monica;
• Provision of off-street parking for employees of the
Civic Center Specific Plan area, which may include
the use of a remote location with shuttle tmnsport to
the site, if determined necessary by the Ciry of Santa
Monica;
• Construction trucks and equipment shall be staged
so that access to Vicente Place is not blocked;
• Alleys between Ocean Boulevard and the
Promenade/Ocean Front Walk shall not be used by
construction vehicles during construction vvithin the
Civic Center Specific Plan area; and
• Construction vehicles shall not use Appian Way.
CON-2(a) Dust Minimization. Dust generated by the Confirmation that all of the Prior to Once PCD
development activities shall be kept to a minimum with a stated dust control issuance of
goal of retaining dust on the site through implementation requirements have been grading
of the following: included on the grading permits
plans
• During clearing, grading, earth moving, excavation,
or transportation of cut or fill materials, water trucks Field check to confirm During grading Random check PCD
or sprinkler systems are to be used to the extent implementation of dust phase of once per week
necessary to prevent dust from leaving the site and control measures construction
to create a crust after each da 's activities cease.
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD -City aT Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
""--'-' For 9atted: Indent: Left: 0",
Han in :0.19", Bulleted+Level: 1
+ Ali ned at: 0.0" + Tab after: 0.5"
+ Indent at: 0.5", Tabs: Not at 0.0"
City of Santa Monica
MMRP-9
Santa Monica Civic Center Specific Plan
Mitigation Monitorinn and Renortinn F
Mitigation MeasurelConditlon of Approval
.Action Required When
Monitoring to' Monitoring
Frequency Compliance Verification
-0ccur
For theVillage resrdenhal Development analyzedinthe
Responsible Initial Date .Comments
Apri12008 Addendum;ahe Developeris only required to
' Agency or
implement those MMP:measures that are Project
... Party
conditions and referenced in Ezhitiit:C to the
Development Agreement for "The Village at Santa'
Monica"
• During clearing, grading, earth moving, excavation, -
or transportation of cut or £II materials, streets and
sidewalks within 150 feet of the site perimeter shall
be swept and cleaned a minimum of twice weekly.
• During construction, water trucks or sprinkler
systems shall be used to keep all areas of vehicle
movement damp enough to prevent dust from leaving
the site. At a minimum, this would include wetting
down such areas in the later morning and after work
is completed for the day and whenever wind exceeds
15 miles per hour.
• Soil stockpiled for more than two days shall be
covered, kept moist, or treatedwith soil binders to
prevent dust generation.
CON-2(b) Construction Equipment Conditions. Confirmation that all of the Prior to Once PCD
Construction equipment used on the site shall meet the stated ozone precursor issuance of
following conditions in order to minimize NOx and ROC control requirements have grading
emissions: been included on the permits
grading plans
The number of pieces of equipment operating
simultaneously must be minimized through efficient
management practices; Field check to confirm During grading Frequently PCD
• Construction equipment must be maintained in tune implementation of ozone phase of
per manufacturer's specifications; precursor control measures construction
• E ui ment shall bee ui ed with 2- to 4-de ree
Key: PCD- City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transponalion Management Division
UD -City oT Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
°"-'--' Formatted: Indent: Left: 0",
Hanging: 0.19", Bulleted + Level: 1
+ Aligned at: 0.5" +Tab aRer: 0.5"
+ Indent at: 0.5", Tabs: 0.19", List
tab+NOt at 0.25"+ 0.5"
City of Santa Monica
MMRP-10
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation:Measure/Condition of Approval
-
Action Required When
Monkdring to Monitorin
g
Compliance Verification
. lkcur Frequency
For the Village rdsldentia! Development analyzed m th
e
Apn12008 Addendum, the Developer is only required to
Responsible "
Initial
Date
Comments -
implement those MMP measures that areProject f Agency or
,conditions and referenced in Exhrbrt C to the Party
Development Agreement for'?The Village atSanta
Mdnica"
engine timing retard or pre-combustion chamber
engines;
• Catalytic converters shall be installed, to the extent
feasible;
• Diesel powered equipment such as booster pumps or
generators should be replaced by electric equipment,
to the extent feasible; and
• The operation of heavy-duty construction equipment
shall be limited to no more than 5 pieces of
equipment at any one time.
CON-2(c) Low-VOC Coatings. Low-VOC architectural Field check to verify During Frequently PCD
coatings shall be used in construction whenever feasible compliance consUUCtion
and shall coordinate vAth the SCAOMD to determine
which coatings would reduce VOC emissions to the
maximum degree feasible.
CON-3(a) Diesel Equipment Mufflers. All diesel Field check to confirm Dudng Frequently PCD
equipment shall be operated with closed engine doors implementation of stated construction
and shall be equipped with factory-recommended noise reduction measures
mufflers.
CON3(b) Electrically-Powered Tools. Electrical Field check to confirm During Frequently PCD
power shall be used to run air compressors and similar implementation of stated construction
power tools. noise reduction measures
Key: PCD - City of Santa Monica Planning and Community Development Department
TMD-City of Santa Monica Transponation Management Division
UD-City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Depanment
EPD -Environmental Programs Division
MMRP-11
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mkigation MeasurelContlition of Approval.
..Action Required When
Monitoring to. Monitoring
Frequency 'Compliance Ver'rfication
Occur
For the Village residential Development analyzedn the Responsible Ibitial Date Comments
April 2008 Addendum; the Developer is onlyrequired to agency or
implement those MMP measures.that are ProjecP. pyt.h,
conditions and referenced in Exhidif G fo the
Development Agreement for "The Village at Santa`
Monica":
CON-3(c) Additional Noise Attenuation Techniques. On-site monitoring to During Frequently and PCD
For all noise generating construction activity on the projec ensure use of additional construction within 24 hours
site, additional noise attenuation techniques shall be noise attenuation after complaints
employed to reduce noise levels to City of Santa Monica techniques are received.
noise standards. Such techniques may include, but are
not limited to, the use of sound blankets on noise
generating equipment and the construction of temporary
sound barriers between construction sites and nearby
sensitive receptors.
CON3(d) Construction Sign Posting. In accordance .Field verification that sign Dudng Periodically PCD
with Municipal Code Section 4.12.210, the project is posted construction
applicant shall be required to post a sign informing all
workers and subcontractors of the time restrictions for
construction activities. The sign shall also include the Cit
telephone numbers where violations can be reported and
complaints associated with construction noise can be
submitted.
CON-3(e) Construction Noise Hotline. Project Field verification that sign During Periodically PCD
applicants shall provide a telephone number for local is posted construction
residents to call to submit complaints associated with
construction noise. The number shall be posted on the
project site and shall be easily viewed from adjacent
public areas.
Key: PCD-City of Santa Monica Planning and Community Development Depanment
TMD -City oT Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa
MMRP-12
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCondition of Approval.
`Action Required When
Monitoring to Monitoring Compliance Verification
* -0ccur .Frequency
For the'Village residential Development analyzed in the
Responsible Initial Date ' Comments '.
April 2008 Addendum; .the Developer Is only required to
' Agency or
Implement those MMP:measuresthat are Project Pzrty
conditions and referenced m EzhiliiLC to the
Development Agreement for °The Pillage at Santa"
Monica"'
CON-4(a) Demolition Plan. The applicant shall Approval of submitted Prior to Once PCD
prepare and submit a demolition plan for review antl demolition plan to verify issuance of
approval by the City. The plan shall include methods to inclusion of the stated demolition
maximize salvage and recycling of building and requirements. The permits
landscape materials. The plan shall include a recovery approved demolition plan
rate for each material type in the demolition contract. shall be available for public
The plan shall also include strategies for the salvage of review at City Hall
reusable historic materials and reusable materials in
good conditions. Field check to confirm During Random checks PCD
implementation of the demolition frequently
approved demolition plan activities
CON-4(b) Separation of Recyclable Construction Field check to confirm During Random checks EPWM
Waste. During construction and demolition activities, separation and recycling of demolition and frequently
the applicant shall separate for recycling all materials materials as required construction
that are accepted for recycling in the Los Angeles
region, including, but not limited to, metals, woodwaste,
and clean fill.
CON-4(c) Removal of Recyclable Materials. The Keep on £le written Prior to Once EPW M
applicant shall schedule the removal of reusable and verification that the issuance of
recyclable materials prior to Demolition to maximize applicant has scheduled demolition
recovery rate. removal of reusable and permits
recyclable materials
CON-4(d) Bins for Recyclable Construction Waste. Keep on file written Prior to Once EPWM
The a licant shall rovide se arate bins for all verification that the issuance of
Key: PCD-City of Santa Monica Planning and Community Development Depanment
TMD - City of Santa Monica Transportation Management Division
UD - Cily of Santa Monica Utilities Division
CCSD - City of Santa Monica Community antl Cullurai Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-13
Santa Monica Civic Center Specific Plan
Mitigation Monitoring antl Reporting Program
When
" Monitoring Compliance Verification'
Mitigation MeasurelCondifldh of Approval r. Action Required Monitoring to Frequency
Occur
For the Village resrderihal Development analyzed in the Responsible Initial Date Comments
April 2008 Addendum,>fhe Developer is only required to Agency or
implement those MMP measures that are Project Party
conditions and referenced m Exhi6lf C fo the
Development Agreement for "The'Village at Santa'.
Monica" ".
recyclables on-site. Such bins shallbe labeled clearly in required orientation has demolition
several languages or with universal symbols. The occurred permits
applicant shall also provide orientation prior to the start
of construction for workers to train them to use the Field check to confirm all During Once EPWM
recycle bins provided. If there is insufficient space on- required recycling demolition
site, the applicant shall contractwith a recycling containers are present on activities
company to receive mixed loads for separation and site or confirmation that a
recycling. recycling company has
been retained to separate
waste off-site
CON-4(e) The applicant shall use pre-engineered or Approval of foal design Prior to Once PCD
factory cut material. Examples of this type of material plans to verify use of issuance of
inclutle, but are not limited to, factory trusses, laminated building matedals that meet building
and other engineered wood products, sheet metal the stated requirements permits
cladding antl roofing, 9-foot gypsum board, prerout
headers, and pre-assembled joist bridging. The Fieltl check to confirm that
applicant shall also use reusable and recyclable forming the approved building During Once PCD
materials, such as steel forms or standard wood materials were used construction
systems, where feasible.
IV. CULTURAL RESOURCES
CR-6(a) East Wing Replacement -Photography Approval of recordation Prior to Once PCD
and Recordation. Prior to the demolition of the Civic report and verification of issuance of
Auditorium's east wing, a photographic documentation photo-documentation demolition
re ort shall be re aretl b a ualified architectural permits
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community antl Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-14
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
' When Monitoting Eompliance Verification .
Mitigation MeaaurelCondition of Approval Action Required Monitoring to Frequency
Occur
For the Village residential Development analyzed. in the Responsible Initial Date .Comments
Apd12008 Addendum; the Developer is onlyrequired to Agency or
rmplemenf those MMP measures that are Project r .;Party
conditions and referenced in ExhitiiPC fo the
.Development Agreement for °Tha billage at Santa.
Monica"
historian, historic architect, or historic preservation
professional who satisfies the Secretary of the Interior s
Professional Qualification Standards for History,
Architectural History, or Architecture, pursuant to 36
CFR 6t. This report shall document the signifcance of
the east wing and its physical conditions, both historic
and current through photographs and text. Photographic
documentation noting all elevations and additional
details of the east wing's architectural features shall be
taken utilizing 35-mm black and white film. The
photographer shall be familiar with the recordation of
historic resources. Photogmphs shall be prepared in a
format consistent with the Historic American Buildings
Survey (HABS) standards for field photography. Copies
of the report shall be submitted to the City of Santa
Monica Planning Division and the City of Santa Monica
Public Library (Main Branch).
CR-6(b) East Wing Replacement -Compatibility of Approval of building plans Prior to Once PCD
New Construction. New construction that is proposed to ensure consistency with issuance of
to the east side of the Civic Auditorium shall be designed Standards building
in a manner consistent with the Secretary of the permits
Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings (the
Standards), Weeks and Grimmer (1995). Consistent
with the Standards, the ro osed new construction shall
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-15
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
- .When
" Monitoring Compliance Verification '
Mitigation MeasurelConditibn of Approval Action Required Monitoring to .Frequency
Occur
For the Village residential Development analyzed in the Responsible Initial Date Comments
Apri120D8 Addendum, the Developer is only required to ..Agency or
implement those MMPmeasures that are Protect party
.conditions and referenced in ExliibiEC to the
Development Agreement for "The Village at Santa'
Monica".
be differentiated from the Civic Auditorium, but
compatible in size, scale, massing, and proportions.
Following the Standards, materials, design, color, and
texture proposed for the new construction may
complement that of the Civic Auditorium. The new
construction plan shall be developed in conjunction with
a qualified architectural historian, historic architect, or
historic preservation professional who satisfies the
Secretary of the Intedor's Professional Qualification
Standards for History, Architectural History, or
Architecture, pursuant to 36 CFR 61. The plan shall
require review and approval by the City of Santa
Monica's Landmarks Commission.
CR-6(c) West Wing Replacement -Photography Approval of recordation Prior to Once PCD
and Recordation. Prior to the demolition of the west report and verification of issuance of
wing, a photogmphic documentation report shall be photo-documentation demolition
prepared by a qualified architectural historian, historic permits
architect, or historic preservation professional who
satisfes the Secretary of the Interior's Professional
Qualification Standards for History, Architectural History,
or Architecture, pursuant to 36 CFR 61. This report shall
document the significance of the west wing and its
physical conditions, both historic and current through
photographs and text. Photographic documentation
noting all elevations and additional details of the west
win 's architectural features shall be taken utilizin 35-
Key: PCD-City of Santa Monica Planning and Community Developmen[Department
TMD-City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD - Cify of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-16
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
- When
` Monitoring Compliance Verification
Mitigation Measure/Condition of Approval Action Required Monitoring to Frequency
Occur
For the Village residerihal Development analyzed In the Responsible Initial Date Comments
Apri12008 Addentlum,'the Developer rs only required fo '.. Agency or
implement those MMP measures that are Prolec( ; PArty
conditions and referenced in Exhibit C to fhe
Development Agreement for "The.Village at Santa"
Monica"
mm black and white film. The photographer shall be
familiar with the recordation of historic resources.
Photographs shall be prepared in a format consistent
with the Historic American Buildings Survey (NABS)
standards for feld photography. Copies of the report
shall be submitted to the City of Santa Monica Planning
Division and the City of Santa Monica Public Library
(Main Branch).
CR-S(d) West Wing Replacement - Compatibility of Approval of building plans Prior to Once PCD
New Construction. New construction that is proposed to ensure consistency with issuance of
to the west side of the Civic Auditorium shall be Standards building
designed in a manner consistent with the Secretary of permits
the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings (the
Standards), Weeks and Grimmer (1995). Consistent
with the Standards, the proposed new construction shall
be differentiated from the Civic Auditorium, but
compatible in size, scale, massing, and proportions.
Following the Standards, materials, design, color, and
texture proposed for the new construction may
complement that of the Civic Auditorium. The new
construction plan shall be developed in conjunction with
a qualified architectural historian, historic architect, or
historic preservation professional who satisfies the
Secrets of the Interior's Professional Qualification
Key: PCD - City of Santa Monica Planning and Community Development Department
TMD- Cily of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-17
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
When Monitoring Compliance Verification
Mitigation MeasurelCondition of Approval 'Action Required .Monitoring to. Frequency
Occur
For the Village resldenhal Development analyzedfn the Responsible Injtial Date Comments'
Apnl 2008 Addendum;i the Developer is only required to -Agency or
implement those MMPmeasures that are Project ;palgy
conditions and referenced m ExhibitC to the
Development Agreement for °The :Village at Santa
Monica"
Standards for History, Architectural History, or
Architecture, pursuant to 36 CFR 61. The plan shall be
reviewed and approved by the City of Santa Monica's
Landmarks Commission.
CR-6(e) Civic Auditorium Park Landscape Approval of design plans Prior to Once PCD
Standards. The Secretary of the Interior's Standards for for Civic Auditorium Park to issuance of a
Rehabilitation and Guidelines for Rehabilitating Historic ensure compliance with grading permit
Buildings (Weeks and Grimmer 1995), recommends that stated requirements
landscape features not be removed which are important
in defining the historic character of the site. If the Park's
specific design proposes an alteration of the Civic
Auditorium's character defining landscape features (i.e.
palm trees at north fagade), the alteration design shall
be developed in conjunction with a qualified architectural
historian, historic architect, or historic preservation
professional who satisfies the Secretary of the Interior s
Professional Qualification Standards for History,
Architectural History, or Architecture, pursuant to 36
CFR 61. Any proposed alteration to the Civic
Auditorium's character-defining landscape features shall
be reviewed and approved by the City of Santa Monica's
Landmarks Commission.
CR-7(a) City Hall Rehabilitation. Any maintenance, Approval of all Prior [o Once PCD
repair, stabilization, rehabilitation, preservation, rehabilitation plans to verify issuance of a
conservation, reconstruction or demolition of an ortion compliance with stated building permit
Key: PCD-City of Santa Monica Planning and Community Development Depadment
TMD - Cily of Santa Monica Transportation Management Division
UD - Cify of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa
MMRP-t8
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
~etl
' Monitoring Compliance Verification
Mtigation MeasurelCond'didn of Approval" Action Required Monitoring to .Frequency
Occur
For the Village residential Development analyzed in the Responsible Initial Date .Comments ''
April 2008 Addendum, the Developer is only required to Agency or
implemdnt those MMP measures that are Project ' ; pai.h,
conditions and referenced in Exhitit C fo the
Development Agreement for °TheVillage at Santa ':
Monica°
of City Hall, includingmhabilitation of the east requirements
elevations, lobby elements, and the courtyard area, shall
be conducted in a manner consistent with the Secretary
of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating,
Restoring, arid Reconstmcting Historic Buildings (the
Standards), Weeks and Grimmer (1995). Any
rehabilitation plans shall be developed in conjunction
with a qualified architectural historian, historic architect,
or historic preservation professional who satisfies the
Secretary of the Interior's Professional Qualification
Standards for History, Architectuml History, or
Architecture, pursuant to 36 CFR 61. Detailed design
plans involving modifications to City Hall shall be
submitted to the City of Santa Monica's Landmarks
Commission for their review and approval prior to the
beginning of any construction activities, including
demolition.
CR-7(b) City Services Building Compatibility of New Approval of building plans Prior to Once PCD
Construction. The City Service Building shall be to ensure compatibility with issuance of a
differentiated from City Hall and the Main Street Bridge, City Hall building permit
but compatible with the histodc character of City Hall
and the Main Stree[ Bridge. Materials, design, color and
lecture proposed for the project shaltcomplementthot of
City Hall and the Main Street Bridge. In its review of the
ro osed desi n for the Cit Services Buildin ,the Cit
Key: PCD -City of Sanfa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M -City oT Santa Monica Environmental and Public Works Management Department
EPD-Environmental Programs Division
City of Santa Monica
MMRP-19
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelConditionof Approval=.
:Action Required When
Monitoring to
' Monitoring
Frequency Compliance Verification
Occur
ForThe Village residential Development analyzed in fhe Responsible Initial Date :Comments:
Apd12008 Addendum; the Developer a only required to Agehcy or
Implemdrit those MMP:measures that are Project : - Pariy
conditions and referenced m ExPopiGC to the
Development Agreement for "The.Village at Santa
Monica"%
shall pay special attention to its compatibility with City
Hall and the Main Street Bdtlge.
Option 1: Approval of redesign of Pdor to Once PCD
CR-g(a) Redesign of Second Street Bridge. The bridge or approval of issuance of
City shall consider a design of the Second Street Bridge construction plan, as gmding permit
which avoids impacts to the Moreton Bay Fig tree. Such necessary
redesign shall include providing a tree protection zone
surrounding the Fig tree so as to not adversely impact
the root system and drainage. If building the Second
Street Bridge to avoid the tree is technically and
economically feasible, the City shall have prepared by a
qualified arborist a design and construction plan that
addresses design and construction measures that would
mitigate any direct and indirect impacts to the tree,
including, but not limited to: impingement of the root
zone and changes in drainage.
Option 2: Approval of tree relocation Prior to Once PCD
CR-g(b) Relocation of the Moreton Bay Fig Tree. If plan (if necessary) issuance of
redesign of the Second Street Bridge option (Option 1) is grading permit
not technically or economically feasible, and if the City
determines that relocation of the Moreton Bay Fig tree is
feasible, the City shall have prepared by a qualified
arborist a tree relocation plan prior to removal of the
tree. Said relocation plan shall address relocation
methodolo ,maintenance, and monitorin .
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD - Cily of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Depadmenl
EPD -Environmental Programs Division
C7ty of Santa Monica
MMRP-20
Santa Monica Civic Center Specific Plan
MitigationMOnitoring and Reporting Program
Mitigation Measure/Condition of Approval
ActiorrRequired When
Monitoring to Monitorin
0
Compliance Verification'
Occur Frequency
For the Village restdenhal Develo
m
t
al
d i
h
p
en
an
yze
n t
e I
i
Apri12008 Addendum, the Developer rs gnlyrequrred fo
Responsible: n
tial Date Comments
implement those MMP measures that are Project -. Agency or
conddions and referenced in Exhtbif C to the Party
Development Agreement for °The V~Ilage srSanta
Monica"
Options 2 and 3: Approval of recordation Prior to Once PCD
CR~(c) Photodocumentation. Prior to the removal report and verification of issuance of
(or reloca0on) of the Moreton Bay Fig tree, a photo-documentation demolition
photographic documentation report shall be prepared by permits
a architectural historian, historic architect, or historic
preservation professional who satisfes the Secretary of
the Interior's Professional Qualification Standards for
History, Architectural History, or Architecture, pursuant
to 36 CFR 61. This report shall document the
significance of the tree and its physical conditions, both
historic and current through photographs and text. Such
a report would record the history of the tree and its
contextual relationship to the Civic Center. Photographic
documentation shall betaken utilizing 35-mm black antl
white film. Photographs shall be prepared in a format
consistent with the Historic American Buildings Survey
(HABS) standards for field photography. Copies of the
report shall be submitted to the City of Santa Monica
Planning Division and the City of Santa Monica Public
Library (Main Branch).
CR-10(a) At the commencement of project Keep on file written Prior to the Once PCD
construction, all workers associated with earth disturbing confirmation that the issuance of
procedures shall be given an orientation regarding the required odentation has building
possibility of exposing unexpected cultural remains by occurred permits
an archaeolo fist and directed as to what ste s are to be
Key: PCD -City of Santa Monica Planning and Community Development Oepanment
TMD - Cily of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental antl Public Works Management Depadment
EPD -Environmental Programs Division
MMRP-21 City of Santa
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
When Monitoring Compliance Verification
Mitigation MeasurelCOndHioo of Approval Action Required Monitoring to prequency
Occur -
For the Village residential Development analyzed in the Responsible Initial Date Comments
Apri12008 Addendum; the Developer is oNy required to Agency or
implement those MMP measures that are Project r °-party
conditions andreferedcedin Exhipit C to the
Development Agreement for °The :Village at Santa"
Monica";
takenif such a fnd is encountered.
CR•10(b) In the event that archaeological resources Field check throughout During grading Random checks PCD
are unearthed during project construction, all earth construction to ensure that activities frequently
disturbing work within the vicinity of the find must be buried cultural resources
temporarily suspended or redirected until an are not being disturbed
archaeologist has evaluated the nature and significance
of the find. After the find has been appropriately If buried resources are Prior to Once PCD
mitigated, work in the area may resume. discovered the City shall resuming
keep on file written grading
If human remains are unearthed, State Health and confirmation that the find activities
Safety Code Section 7050.5 requires that no further has been evaluated by a
disturbance shall occur until the County Coroner has qualifed archaeologist and
made the necessary findings as to origin and disposition that the appropriate cultural
pursuant to Public Resources Code Section 5097.98. If resource management
the remains are determined to be of Native American program has been
descent, the coroner has 24 hours to notify the Native implemented
American Heritage Commission (NAHC). The NAHC will
then identify the person(s) thought to be the Most Likely
Descendent (MLD) of the deceased Native American, who
will then help determine what course of action should be
taken in dealing with the remains.
V. GEOLOGYAND SOILS
GEO.1 (a) Design and construction of the buildings Approval of final design Prior to Once PCD
ro osed in the Civic Center S ecific Plan shall be plans to verify that the issuance of
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD - Cily of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-22
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCondigon of Approval
' Action Required When
Montoring to ` Monitoring
Fmquency Compliance Verification
Occur
For the Village residential Development analyzed in the
Responsible Initial Date 'Comments-
Apri12008 Addendum; the Develgper;is gnly required to Agency or
implement those MMP measures that are Project -- Party
conditions and referenced inEzhidif:C fo the
Development Agreement for "The Village at Santa !'
Monica"-.
engineered to withstand the expected ground stated requirements have grading
acceleration that may occur at this site. The calculated been met permits
design base ground motion for the site shall take into
consideration the soil type, potential for liquefaction, and
the most current and applicable seismic attenuation
methods that are available. For any buildings
considered essential facilities, as defined in the Uniform
or California building codes, the buildings shall be
designed to withstand the upper boundeanhquake
ground motion. All on-site structures shall comply with
applicable provisions of the 1997 Uniform Building Cotle
and the 1998 California Building Code.
GEO-2 Additional Geotechnical Study. Prior to Keep on file written PDor to Once PCD
issuance of a building permit for any new construction in confirmation that the issuance of
the Civic Center Specifc Plan, a geotechnical study Building Officer has building
shall be completed to adequately assess the liquefaction reviewed, and concurs permits
potential and compaction design of the soils underlying with, the findings of the
the proposed bottom grade of any structure built within required geotechnical study
the Civic Center complex. The borings shall be
completed up to a[ least 50 feet below the existing Approval of the final design Prior to Once PCD
ground surface or up to 50 feet below the lowest plans to verify that they issuance of
proposed finished grade of the structure or 20 feet below incorporate the building
the lowest caisson or footing (whichever is deeper). If recommendations permits
these soils are confirmed to be prone to seismically- contained in the
induced liquefaction, appropriate techniques to minimize geotechnical study
li uefaction otential shall be rescribed and
Key: PCD - City of Santa Monica Planning and Community Development Department
TMD - Cily of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-23
Santa Monica Civic Center Specifc Plan
Mitigation MeasurelCondition of Approval
For fhe Village resrdenbal Development analyzed rn the
Action Required When
Monitoring to
Occur Mobitorin
g
Frequency
Com
pliance
'
Verification
_
Apn12008 Addendum, the Developeris only required to Responsible. initial Date Commenk-
implement those MMP measures that are Project `. Agency or ,
conditions and referenced in Exhibit C to they Pally
Development Agreement for "The V~Ilage at Santa
Monlca"
implemented. All on-site structures, including the
proposed truck tunnel, shall comply with applicable
methods of the Uniform Building Code and California
Building Code. Suitable measures to reduce liquefaction
impacts could include specialized design of foundations
by a stmctural engineer, removal or treatment of
liquefiable soils to reduce the potential for liquefaction,
drainage to lower thegroundwater table to below the
level of liquefable soils, in-situ densifcation of soils, or
other alterations to the ground characteristics.
GEO.3(a) All artifcial fill material or unsuitable native soil Approval of the Final design Prior to Once PCD
identifed in the Geotechnical Report(s) that is located plans to verify compliance issuance of
below the footprint of proposed structures shall be with the stated building
removed and hauled off site or processed into a suitable requirements permits
building material.
GEO3(b) All fill material used for construction shall be Keep on file written Prior to Once PCD
approved by a geotechnical or civil engineer, and all confrmation that all fll issuance of
backfill and foundation sub-grade shall be certified by a and backfill materials building
geotechnical or civil engineer for proper compaction. have been permits
approved/certified as
stated
GEO3(c) All fill material used for back£II after Keep on file written Prior to Once PCD
abandonment of any below-grade levels within the
' confrmation that all fill issuance of
ro
ect area shall be a roved b a eotechnical or civil and backfill materials building
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD -City oT Santa Monica Utilities Division
CCSD-City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
MMRP-24 r:rry of Santa Monica
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
When Monitoring Compliance Verbcation
Mitigation MeasurelCondition of Approval Action Required MOnitorng to Frequency
Occur
For the Pillage residential Development analyzed in the Responsible Initial Date <COmments
April 2008 Addendum;fhe Developer is only required to :.Agency or
implement those MMP measures ftiaf are Project r path,
conditions and referenced rn. Exhifiit C to the
Development Agreement for °The'Village at Santa`
Monica"
engineer. In addition,the backfill shall be certified by a have Been .permits
geotechnical or civil engineer for proper compaction. approvedlcertified as
stated
GEO-0(a) Appropriate geotechnical investigations, as Approval of the foal design Prior to Once PCD
mandated by the building codes, shall be pedormed prior plans to verify that they issuance of
to the design of any stmcture. These geotechnical studies incorporate the building
shall be used to design the excavations and shoring to recommendations permits
prevent destabilization of the sidewalls. A civil or contained in the
geotechnical professional shall feld test the excavation to geotechnical study
determine proper sloping of the excavations. Where
proper slopes cannot be used, shoring must be used. Keep on fle written During Once PCD
This shoring shall be designed to the satisfaction of the confirmation that the excavation
project civil engineer and take into account all lateral load excavation has been field
parameters and the possible presence of groundwater at tested as required
the bottom grade of the excavations or the base of the
shoring soldier piles (if used). A monitoring system shall Fieltl check to confirm that During grading Bimonthly PCD
be implemented to evaluate the shoring system. the monitoring system is in activities
place
GEO-4(b) All excavations for parking structures, Approval of the foal design Prior to Once PCD
buildings, the tunnel, or the possible future water tank plans to verify that the issuance of
shall comply with all applicable regulations of the stated requirements are building
California Occupational Safety and Hazartl met permits
Administration guidelines as they pertain to excavations.
GEO-4 c Before construction be ins, a roundwater Approval and concurrence Prior to Once PCD
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD - Cily of Santa Monica Community antl Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-25
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
- When Monitoring Compliance Verification
Mitigation MeasurelCondition of Approval Action Required Monitoring to Frequency
Occur
For the Village residential Development analyzed in the Responsible Inltlal Date Comments
Apd12008 Addendum; the Developer is only required fo Agency or
implement those MMP measures that are Prgect -park,
condifidnsand referenced in Exhidit C to fhe
Development Agreement for "The Village at Santa
Monica": ``
study shall be completed [o predict the groundwater levels with the findings of the issuance of
expected during excavation activities. The study shall required groundwater study grading permits
include the installation of at least one on site groundwater
monitoring well and an historical evaluation of Approval of a dewatedng Prior to
groundwater levels in the site area. If it is discovered that plan, if necessary, and issuance of Once PCD
the groundwater levels will pose a problem, then veriflcatioh that all the grading permits
appropriate measures shall be taken to de-water the required components are
excavation before grading and construction of the parking included
stmcture begins. In addition, subtercanean stmctures that
have the potential to accumulate groundwater or Field check to confirm that During grading Random checks PCD
percolating surface water shall include a mechanism of dewatering is conducted in and on a frequent
removing groundwater or percolating surface water, which accordance with the construction basis
may collect in the structures. The removal system shall be approvedplan activities
designed to prevent the structure from flooding.
GEO-0(d) To mitigate impacts associated with the Keep on file written Prior to Once PCD
potential presence of contaminated groundwater which confirmation that the issuance of
may be pumped during constmction, the applicant shall required permits have been building
obtain the proper discharge permits (such as a National obtained for the proposed permits
Pollution Discharge Elimination System - NPDES permit) project
or sanitary sewer discharge permitfrom fhe Regional
Water Quality Control Board or the Sanitary District, Keep on file the results of During gentling Throughout the PCD
respectively. Sampling of the discharge shall be the sampling pedormetl as and grading and
performed, as required by the permit conditions. required by the permit construction construction
conditions activity phase of the
project
Key: PCD - City of Santa Monica Planning and Community Development Department
TMD- Cily of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Depanment
EPD -Environmental Programs Division
City of Santa Monica
MMRP-26
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCOndition of Approval
Action Required When
Monitoring to Monitoring Compliance Verification:
Occur Frequency
For theyillage residential Development analyzed in the Responsible Initial Date Comments
Apn12008 Addendum; the Developer is only required to
implement those MMP measures that are Project - Agency or
donditidns and referencetl in Exhitiit C to the -Party
Development Agreement for "The Village at Santa
Monica"
GEO.4(e) If groundwater or percolating surface water Keep on file written Prior to issuance Once EPWM
removal is to be continuously performed to maintain the confirmation that the of occupancy
usability of any subterranean structure, then the proper required permits have been permits
groundwater discharge permits (a NPDES permit is obtained for the proposed
obtained from the Regional Water Quality Control Board project
for the discharge of groundwater into the storm drain
system) shall be obtained by the applicant. The permit
conditions generally require periodic monitoring for
contaminants and the calculation of discharge volume.
If such a system is to be installed at this site, then the
appropriate permits must be obtained, the permit
conditions followed, and the groundwater removal
system shall be maintained in proper order to ensure its
proper operation.
GEOd(f) All walls of subteranean structures shall be Approval of the foal design Prior to Once PCD
waterproofed to protect against corrosive effects of water plans to verify that the issuance of
contact and to minimize the seepingof water into the. stated requirements are building
subterranean stmcture. met permits
GEOS Soil Expansion Analysis. Prior to issuance of a Keep on file written Prior to Once PCD -
building perrnit, soil samples of final sub-grade areas and confirmation that the issuance of
excavation sidewalls shall be collected and analyzed for Building Offcer or his/her building
their expansion index. For areas where the expansion designee has reviewed, permits
index is found to be greater than 20, the appropriate and concurs with, the
grading and foundation designs shall be engineered to findings of therequired
withstand the existin conditions. The ez ansion testin expansion analysis
Key: PCD-City of Sanla Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPWM - City of Santa Monica Environmental and Public Works Management DepaRment
EPD -Environmental Programs Division
cuy
MMRP-27
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
- - When Monitoring Compliance Verification
Mitigation MeasurelCondittoh of Approval: JAdion Required Monitoring to Frequency
Occur
For the Village residential Development analyzed id the Responsible Initial Date °Comments.
Apri12008 Addendum; the Developer fs only required to Agency or
implement those MMP measures that are Project ..party
conditions and referenced in EzhitiifC to the
Development Agreement for "The Village at Santa.
Monica".
may be omitted if the grading and foundations are
engineered to withstand the presence of highly expansive Approval of the final design Prior to Once PCD
soils. plans to verify incorporation issuance of
of the recommendations in building
the expansion analysis permits
GEO.B(a) Storm Water Pollution Prevention Plan. Review and approval of the Prior to Once EPW M
The applicant shall require the building contractor to SWPP to ensure that it issuance of
prepare and institute a Storm Water Pollution Prevention includes the required BMPS gading permits
Plan (SWPPP) during construction. A SW PPP for site to minimize water quality
construction shall be developed and approved prior to impacts and is consistent
the initiation of grading and implemented for all with the guidelines adopted
construction activity on the project site in excess of five by the State Water
acres. The SWPPP shall include specific Best Resources Control Board
Management Practices (BMPS) to minimize the loss of
soil from the site during construction activities. BMP Field check to confirm During all Random checks EPWM
methods may include, but would not be limited to, the implementation of the phases of on a frequent
use of temporary retention basins, straw bales, sand approved SWPP constmction basis
bagging, mulching, erosion control blankets, soil
stabilizers and dust control using the minimum amount
of water without adding to runoff. Additional BMPS shall
be implemented for any fuel storage or fuel handling that
could occur on-site during constmction and the
temporary storage of all heavy equipment shall be
confined to one localized area. The SWPPP must be
prepared in accordance with the guidelines adopted by
the State Water Resources Control Board.
Key: PCD - Cily of Santa Monica Planning and Community Development Depadment
TMD - City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-28
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
~etl
' Monitoring Compliance Verification
Mitigation MeasurelConditlon of Approva6 Action Required Monitoring to
. Frequency
Occur
For the Village residential Development analyzed in the Responsible Initial Date Comments-
April 2008 Addendum,: the Developer is only required to Agency or
tmplemenf those MMP:measuresthat are Project -: ,. pyt.h,
conditions and referendedimExhitiitC to the
Development Agreement for "The Village at Santa
Monica"`
GEO-6(b) Covering and Removal of Stockpiles. All Field check to confirm Dudng gmding Random checks PCD
stockpiles of excavated material shall be covered with an compliance with the activities on a weekly
impervious material during storage and shall be stockpile covering and basis
removed from the site within 3 weeks of being excavated removal requirements
or they shall be used for gmding or backfll if the material
fulfills the requirements of measures GE03(b and c)
above.
GEO-S(c) Standard erosion control practices shall be Field check to confirm Over life of the Periodically PCD
implemented per the requirements of the City's Urban compliance with Ordinance project
Runoff Pollution Control Ordinance. requirements
Vl. HAZARDS AND HAZARDOUS MATERIALS
HHS-1 (a) Prior to issuance of a demolition or renovation Approval of asbestos Prior to Once PCD
permit for any structure within the Civic Center Specific survey report issuance of any
Plan area, an ACM survey shall be pedormed by a demolition or
licensed asbestos sampling company. All testing renovation
procedures shall follow California and Federal protocol. permits
The asbestos survey report shall quantify the areas of
asbestos containing materials pursuant to California and
Federal standards.
HHS-1(b) Prior to any demolition or renovation, onsite Keep on file written Prior to Once EPD
structures that contain ACM must have the ACMS confirmation that asbestos issuance of
removed accordin to ro er abatement rocedures removal was conducted in grading permits
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD - Cily of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Depanmenl
EPD -Environmental Programs Division
City of Santa Monica
MMRP-29
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval
Action Required When
Monitoring to Mohitorln
g
Compliance Verification'
Occur Frequency ,.
For the Village residential Develo
ment anal
zed
th
p
y
m
e
April 2008 Addendum, the Developer is onlyrequlred to
:Responsible' Initial Date Comments
implement thoseMMP measures that are Pigect Agency or.:.
conditions and referenced in`Exhtbit C to the Party
Development Agreement for "The Village:at Santa
Monica"
recommended by the asbestos consultant All accordance with the slated
abatement activities should be incompliance with requirements
California and Federal OSHA, and with the South Coast
Air Quality Management District requirements. Only
asbestos trained and certifed abatement personnel shall
be allowed to pertorm asbestos abatement activities
onsite. All ACMS removed from onsite structure should
be hauled to a licensed receiving facility and disposed of
under proper manifest, if needed, by a transportation
company certified to handle asbestos containing
materials. Following completion of the asbestos
abatement, the asbestos consultant shall provide a
report documenting the abatement procedures used, the
volume of ACM removed, where the material was moved
to, and include transportation and disposal manifests or
dump tickets. Each abatement report shall be prepared
for the property owner or other responsible party, with a
copy submitted to the City of Santa Monica.
HHS-2 Prior to the issuance of a permit for the Keep on file written Pdor to Once PCD
renovation or demolition of any structure, a licensed confrmation that the issuance of
lead-based paint consultant shall be contracted to required lead-based paint building
evaluate the structure for lead-based paint. If lead- survey was conducted and permits
based paint is discovered, it shall be removed according any removal was
to proper abatement procedures recommended by the conducted in accordance
consultant. All abatement activities shall be in with the stated
com liance with California and Federal OSHA, and with requirements
Key: PCD-City oT Santa Monica Planning and Community Development Department
TMD - Cify of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPW M -City oT Santa Monica Environmental and Public Works Management Department
EPD-Environmental Programs Division
Cify of Santa Monlca
MMRP30
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
When Monitoring .Compliance Verigcation
Mitigation Measure/Condition of Approval. Action Required Monitoring to Frequency
Occur
For the Village restdenhal Development analyzed in the Responsible Initial Date Comments
Apri12008 Addendum, Jhe Developer is only required fo Agency or
implement those MMP measures that are Project " ":Farb
conditionsandreferenced in Exhidit C to the
Development Agreement for "The Village at Santa
Monica":.
the South Coast Air Quality Management District
requirements. Only lead-based paint trained and
certified abatement personnel shall be allowed to
perform abatement activities. All lead-based paint
removed from these structures shall be hauled and
disposed of by a transportation company licensed to
transport this type of material. In addition, the material
shall be taken to a landfll or receiving facility licensed to
accept the waste. Following completion of the lead
based paint abatement, the lead based paint consultant
shall provide a report documenting the abatement
procedures used, the volume of lead based paint
removed, where the material was moved to, and include
transpodation and disposal manifests or dump tickets.
Each abatement report shallbe prepared for the
property owner or other responsible party, with a copy
submitted to the City of Santa Monica.
HHS-3(a) Following demolition of the existing RAND Verifcation that Phase I Prior to Once EPD
buildings and prior to development of a specific project, ESA has been completed issuance of a
including a building or open space area where soil to appropriate standards building permit
excavation is to occur, the applicant shall perform a
Phase I environmental site assessment to determine the
likelihood of encountering contaminated soil. The Phase Reviewand approve the Prior to Once EPD
I ESA shall follow the current ASTM standard (as of this conclusions of the issuance of a
writing, the current ASTM standard is ASTM E 1527-00). additional soil sampling building permit
Included shall be additional soil sam tin and anal sis in and analysis
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD -Cify oT Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM - Cify of Santa Monica Environmental and Public Works Management Department
EPD-Environmental Programs Division
City
MMRP-31
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval
Action Required When
Monitoring to Monitoring
Frequency Compliance Verification -
Occur
For the Village residential Development analyzed fn the Responsible Initial Date `.Comments
Apnl 2008 Addendum; the Deve/opervs only required to .Agency or
implement those MMP measures that are Project Early
contligons and referenced mPxhioi(C to the
Development Agreement for "The Village a[ Santa
Monica"
the area of the clarifier and hydraulic elevators, as
required in Mitigation Measure HHS-6 of the RAND Final
EIR, and in the area of the former service station, as
required by Mitigation Measure HHS-3(c) of the RAND -
Final EIR. If contaminated soil or groundwater is
suspected to be present within the proposed building's
excavation footprint, the applicant shall perform
additional soil sampling and analysis to determine lateral
extent of contamination and follow the procedures
specified in Mitigation Measures HHS4(c) and HHS-4(d)
of this EIR.
HHS-4(a) Prior to development of specific projects, Verification that Phase I Prior to Once EPD
including structures, athletic fields, parks and open ESA has been completed issuance of a
space, on sites for which a Phase I environmental to appropriate standards building permit
assessment has not been completed, Phase I
environmental site assessments shall be performed to
determine the likelihood of contaminants in areas
beyond what has already been assessed. The Phase I
ESA shall follow the current ASTM standard (as of this
writing, the current ASTM standard is ASTM E 1527-00).
HHS-0(b) If contaminated soil is suspected to be Review and approve the Prior to Once EPD
present within any building excavation footprint, athletic conclusions of the issuance of
feld, park, or open space area, the applicant shall additional soil sampling building
perform soil sampling and analysis to determine the and analysis permits
vertical and lateral extent of contamination.
Key: PCD-City or Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD - Cify of Santa Monica Utilities Division
CCSD -City oT Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmenfai and Public Works Management Department
EPD -Environmental. Programs Division
City of Santa Monica
MMRP-32
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
MRigation Measure/Condition of Approval
.Action Required When
Monitoring to Monitoring 'Compliance Verification
Occur ,Frequency
For theVdlage residential Development analyzed in the Responsible Initial Date Comments"
Apnl 2008 Addendum; the Developer is only required to ':. Agency or
implement those MMPmeasures that are Pro/ect -Pam
conditions and referenced In Exhibit C to the
Development Agreement for °TheVillage at Santa"
Monlca",-
HHS-4(c) If contaminants are detected in soil at levels Keep on file written Prior to Once PCD
that exceed suggested cleanup goals, such as the levels confirmation that the issuance of
established by the RWOCB (May 1995 Guidebook), US appropriate regulatory building
EPA's Preliminary Remediation Goals, one in one million agencies have cleared the permits
cancer dsk, or a health risk index above 1, then the results property based on the
of the soil sampling shall be forwarded to the local sampling results along with
regulatory agency (City of Santa Monica Environmental any additional
Progmm Division, and/or the Los Angeles Regional Water investigations, if necessary
Quality Control Board, and/or the Slate of California
Environmental Protection Agency Department of Toxic
Substances Control). The agency(s) shall review the data
and either sign off on the property or determine if any
additional investigation or remedial activities are deemed
necessary.
HHS-4(d) If concentrations of contaminants warrant site Keep on file written Prior to Once EPD
remediation, contaminated materials shall be remetliatetl confirmation that the issuance of a
either prior to constmction of stmctures, athletic fields, appropriate regulatory grading permit
parks, or other areas Wnere asphalt or concrete will not agencies have approved
cover the ground surface, or concurrent with construction. the remediation program, if
The contaminated materials shall be remediated under necessary
supervision of an environmental consultant licensed to
oversee such remediation. The remediation program shall
also be approved by a regulatory oversight agency, such
as the Cit of Santa Monica Environmental Pr ram
Key: PCD -City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Divlsfon
UD - City of Santa Monica Utilities Division
CCSD -City oT Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-33
Santa Monica Civic Center Specific Plan
Mitigation Monitorinn and Renortina p
1 Mitigation MeasurelCondition of Approval
For the Village residenha/Dave/opment analyzetlmthe
ActionRequlred When
Monitoring to
Occur Monltorin
g
Frequency
Com
pliance
Verification
Apn/ 2008 Addendum, the Developers onlyrequiretl to Responsible' Initial Date Comments
implement thoseMMP measures that are Project Agency or-:
cond~hons andreferenced idExhib/t C to the pagy
Development Agreement for `The Village at Santa
.Monica"
Division, Los Angeles Regional Water Quality Control
Board, or the State of California Environmental Protection
Agency Department of Toxic Substances Control. All
proper waste handling and disposal procedures shall be
followed. Upon completion of the remediation, the
environmental consultant shall prepare a report
summarizing the project, the remediation approach
implemented, and the analytical results after completion of
the remediation, including all waste disposal or treatment
manifests.
HHS-5(a) If, during the implementation of mitigation Review and approve the Prior to Once EPD
measure HHS-3 or HHS-4, groundwater contamination conclusions of the issuance of
is suspected, or if soil contamination is detected at
depths at or greater than 30 feet below
rade
then th groundwater sampling and
l
i grading permits
g
,
e
applicant shall pertorm a groundwater sampling ana
ys
s
assessment. If contaminants are detected in
groundwater at levels that exceed maximum Keep on file written
confirmation that the Prior to
i Once EPD
contaminant levels for those constituents in drinking
appropriate regulatory ssuance of a
grading permit
water, or if the contaminants exceed health risk agencies have cleared the
standards such as Preliminary Remediation Goals, one property based on the
in one million cancer risk; or a health risk index above 1, sampling results along with
then the results of the groundwater sampling shall be any additional
forwarded to the appropriate regulatory agency (City of investigations, if necessary
Santa Monica Environmental Program Division
Los
,
Angeles Regional Water Quality Control Board, or the
State of Califomia Environmental Protection A enc ..
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Depanment
EPD -Environmental Programs Division
MMRP34 City of Santa
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
-
Mitigation MeasurelCOntlition of Approval"
:Action Required When
Monitoring to Monitoring
.Frequency Eompliance Vergicatlon
Occur
For the Village restlentral Development analyzed in the
Responsible Initial Date Comments-
Apri12008 Addendum, the Developeris only requiied to Agency or
implement those MMP measures that are Project " Party
conditions and referenced mExhitiitC fo the
Development Agreement for "The Village at Santa`:
Monica"'.
Department of Toxic Substances Control). The agency
shall review the data and sign off on the property or
determine if any additional investigation or remedial
activities are deemed necessary.
HHS-8(b) If concentrations of contaminants warrant site Keep on file written Prior to Once EPD
remediation, contaminated materials are to be removed confirmation that the issuance of
or properly mitigated. The contaminated materials are to appropriate regulatory building
be removed or mitigated under supervision of an agencies have approved permits
environmental consultant licensed to oversee such the remediation program, if
remediation. The remediation program shall also be necessary
approved by a regulatory oversight agency, such as the
City of Santa Monica Environmental Program Division,
Los Angeles Regional Water Quality Control Board, or
the State of California Environmental Protection Agency
Department of Toxic Substances Control. All proper
waste handling and disposal procedures shall be
followed. Upon completion of the remediation, the
environmental consultant shall prepare a report
summarizing the project, including all waste disposal or
treatment manifests.
HHS-6 All excavation and demolition projects Review and approval of Pdor to Once EPD
conducted within the Civic Center Specific Plan area contingency plan and issuance of
shall have a contingency plan to be implemented in the verifcation of compliance building
event that contaminants or structural features that could with stated requirements permits
be associated with contaminants or hazardous materials
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division.
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD-Environmental Programs Division
City of Santa Monica
MMRP35
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
Mitigation MeasurelCondition of Approval
Action Required When
Monitoring to Monltorin
g
Compliance Verification
For the Villa
e residential D
lo
t
l -.Occur Frequency
g
eve
pmen
ana
yzed in the
r Initial Date Comments
Ap
i12008 Addendum, the Developer is only required fo Responsible
implement those MMP measures that are Project Agency or
conditions and referenced in:EZiiibit C to fhe Party
Development Agreement for°The V~Ilage at Sanfa
Monica"
are suspected or discovered. The contingency plan
shall identify appropriate measures to be followed if
contaminants are found or suspected. The appropriate
measures shall identify personnel to be notified,
emergency contacts, and a sampling protocol to be
implemented. The excavation and demolition
contractors shall be made aware of the possibility of
encountering unknown hazadous materials, and shall
be provided with appropriate contact and notification
information. The contingency plan shall include a
provision stating at what point it is safe to continue with
the excavation or demolition, and identify the person
authorized to make that determination.
HHS-7 Prior to demolition or remodeling of any existing Keep on fle written Prior to Once PCD
buildings, the applicant shall conduct awalk-through of confirmation that all issuance of
the building to determine if there are any structures or necessary permits for demolition
features within or near the building that could have been abandonment of structures permits
used to store, contain, or dispose of hazardous have been approved
materials. If such a feature is found and the proposed
new use of the building does not require the continued Keep on file written Prior to Once PCD
operation of such a feature, the applicant shall obtain all confirmation that required issuance of
necessary permits from the City to abandon these sampling and remediation, building
structures. If required by the abandonment permit if necessary, has been permits
issued by the City, the applicant shall perform soil completed
sampling and analysis in the area of the removed
feature. An identifed contamination shall be
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD- Cily of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD-City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
MMRP-36 City
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
l When Monitoring Compliance Verification
Mitigation MeasurelGondkion of Approval Action Required Montoring to Frequency
"Occur
For fhe Village sstdential Development analyzed id the Responsible Initial Date Comments'.
Apri12008 Addendum;'the Developefis only squired to Agency or
implement those MMP measuss that are Project pamr
contlitionsandrefesnced imExhibit C to the
Development Agreement for "The Village at Santa
Monica"'.
remediated in accordance with the requirements of the
appropriate agency.
VIII. LAND USE AND PLANNING
LU-t Live-worklArtisan Units: A storage area(s) for Approval of final building Prior to Once EPWM
live-work/artisan unit-related production materials and plans to verify compliance issuance of a
wastes that cannot be disposed of in residential trash with trash specification building permit
shall be designated in accordance with criteria requirements
established by the Santa Monica Fire Department and
shall provide 100°/ containment. The specifcations for Field verifcation of Prior to Once EPWM
such storage area(s) shall be provided on the foal plans. placement of required issuance of a
The developer shall provide an informational permanent stickers certifcate of
sticker on all disposal receptacles at the project site occupancy
regarding the dumping of hazardous substances, such
as paints, solvents, etc. and their effect on the storm
drain system and the Santa Monica Bay.
LU-6 Petlestrian Crossing. A pedestrian safety Keep on file written Prior to Once TMD
specialist shall participate in the foal design of the confirmation that safety issuance of
roundabout at Main Street Circle. specialist was involved in occupancy
roundabout tlesign permits
X. NOISE
N•2(a) RooRop Ventilation. Parapets shall be installed Field check to verify Prior to Once PCD
around all rooko ventilations stems. compliance with the stated issuance of
Key: PCD-City of Santa Monica Planning and Community Development Department
- TMD-City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Depadmenl
EPWM -City of Santa Monica Environmental and Public Works Management Depanment
EPD -Environmental Programs Division
MMRP37
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
- ' - When Monitoring Compliance Verification
Mitigation MeasurelConditiob of Approval Acgon Required Montoring to Frequency
Occur
For the Village residential Development analyzed in the Responsible Initial Date Comments
Apd/2008 Addentlum,i the Developer is only required to Agency or
implement those MMPmeasures that are Project Pahl),
conditions andreferenced m ExhftiitC to the .
Development Agreement for "The Village at Santa
Monica"::
requirements. occupancy
certificates
N-2(b) Trash Pickup. All trash pickups shall be Field check to confirm Over the life of Frequently and PCD
restricted to operating hours of 7:00 AM to 9:00 PM implementation of stated the project within 24 hours
Monday through Friday and 8:00 AM to 9:00 PM on noise reduction measures after complaints
weekends. are received.
N-2(c) Athletic Field. Evening activities on the Field check to verify Over the I'de of Frequently PCD
proposed athletic field shall not occur after 11:00 PM any gompliance with the stated the project
day of the week. requirements
XIV TRANSPORTATION/TRAFFIC
Component 1: Keep on file written Prior to Once TMD
T-1(a) Lincoln Boulevard and Santa Monira confirmation that the issuance of
Boulevard. The applicant shall modify the signal phase required improvements occupancy
on the northbound and southbound approaches on have been completed permits
Lincoln Boulevard to provide protected lek-turn phases.
This improvement would allow north and south left-tum
movements to have their own phase to protect from the
north and south through movements. Implementation of
this mitigation measure would necessitate the provision of
some combination of new signage, controller cabinets,
poles, mast arms, detectors, and/or signal heads.
Com onent 2: Keep on file written Prior to Once TMD
Key: PCD - Cify of Santa Monica Planning and Community Development Department
TMD -City of Santa Monica Transportation Management Division
UD-City of Santa Monica Utilities Division
CCSD -City oT Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
MMRP30
Santa Monica Civic Center Specifc Plan
Mitigation Monitoring and Reporting Program
When Monitoring Compliance Verification
Mitigation Measure/Condition of Approval' Action Required Monkoring to Frequency
Occur
For the Village residential Development analyzed in the Responsible Initial Date '.Comments
Apd12008 Addendum,'.. the Developer is only required to Agency or
implement those MMP:measures that are Project .petty
conddionsantl referencedanExhibif C to the
Development Agreement for "The Village at Santa
Monica"..'.
T-1(b) Lincoln Boulevard and Colorado Avenue. confrmation that the issuance of
This intersection was recently modifed to provide left-turn required improvements occupancy
phasing at all approaches. The applicant shall modify the have been completed permits
signal phase on the northbound and southbound
approaches on Lincoln Boulevard to provide an
overlapping right-turn phase on the eastbound approach
during the left-turn protected phase on the northbound
approach. Implementation of this mitigation measure
would necessitate the provision of some combination of
new signage, controller cabinets, poles, mast arms,
detectors, and/or signal heads.
Component 2: Keep on file written Prior to Once TMD
T-1 (c) Lincoln Boulevard and Ocean Park confrmation that the issuance of
Boulevard. The applicant shall modify the signal required improvements occupancy
equipment to enable protected-permissive phasing on the have been completed permits
eastbound and westbound approaches on Ocean Park
Boulevard. Implementation of this mitigation measure
would necessitate the provision of some combination of
new signage, controller cabinets, poles, mast arms,
detectors, and/or signal heads.
Component 4: Keep on file written Prior to Once TMD
T-t(f) Ocean Avenue and Pico Boulevard. The confrmation that the issuance of
applicant shall modify the signal phase on the westbound required improvements occupancy
a roach to rovide a rotected lek-turn hase. This have been completed permits
Key: PCD-City of Santa Monica Planning and Community Development Department
TMD - City of Santa Monica Transportation Management Division
UD -City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public Works Management Department
EPD -Environmental Programs Division
City of Santa Monica
MMRP-39
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation MearturelCondRion of Approval'.
SAction Required When
Monitoring to Monitoring
Frequency Compliance Verification
Occur
For the Village resfderitial Development analyzed ~n the Responsible Initial Date Comments r
April 2008 Addendum,^fhe Developer rs only requiied to
' Agency or
imp/emebt those MMP measures that are Protect : PaAy
contlltionsand referenced in Exhrbif:C to fhe
Development Agreement for "The Village at Santa
MomcaY
improvement would allow left-tum movements to have
their own phase against fhe eastbound through tragic.
Implementation of this mitigation measure would
necessitate the provision of some combination of new
signage, conVOller cabinets, poles, mast arms, detectors,
and/or signal heads.
T-4(a) Village Special Use District (SUD) and~Santa Review and approval of Prior to Once TMD
Monica Place Special Use District (SUD). Parking for parking plan issuance of
the residential and commercial uses within the Village building permit
SUD and Santa Monica Place SUD shall be provided on
site and shall be either in accordance with the
requirements of the City code at that time, or in
accordance v~ith a City-approved parking demand study
based upon the actual mix and type of housing units to be
constmcted.
T-4(b) Civic Auditorium Special Use District. Prior to Review and approval of Prior to Once TMD
approval of a proposed mix of community, cultural and parking study, including issuance of
educational uses to be programmed in the Civic solutions to address building
Auditorium main hall and expansion, ause-specifc parking shortages, if permits
parking study shall be required to determine if there would needed
be any weekday daytime regular or special circumstances
(Auditorium events, high-profile court cases, park events)
that could exceed the area's packing supply on a
permanent or temporary basis and, if so, to identify
otential solutions. The arkin stud shall consider
Key: PCD-City of Santa Monica Planning and Community Development Depanment
TMD - City of Santa Monica Transportation Management Division
UD -City of Sanfa Monica Utilities Division
CCSD - City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental and Public Works Management Depanmenf
EPD -Environmental Programs Division
Cify of Santa Monica
MMRP-40
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reporting Program
-
Mitigation MeasurelCondition of Approval
Action Required -When
Monitoring to Monitoring
.Frequency Compliance Verification
f Occur
For the V~Ilage residential Developmentonalyzed in the Responsible Initial Date 'Comments
Apnl 2008 Addendum,ithe Developer is only required to Agency or
rmplemeht those MMP,measums that are Project .Party
contlitioris: and referenced in Exhibi(.C to the
Development Agreement for "The Village at Santa `.
Momca":.
factors such as the types and sizes of proposed uses, City
code requirements, other demand factors as appropriate,
and shared parking among Civic area governmental uses.
If the parking study determines that the proposed parking
supply is insu~cient to support the proposed uses in the
Civic Auditorium main hall and expansion, the required
parking shall be provided either thru provision of additional
parking spaces on site, shuttles for oif-site parking, shared
use of parking with nearby CCSP uses, use of valets or
stacked parking, change in proposed uses, or a
combination of Nese and potentially other strategies
determined to be appropriate by the City.
T-0(c) Palisades Garden Walk District. A use-specifc Review and approval of Prior to Once TMD
parking study shall be required at the time the mix and parking study, including issuance of a
size of uses to be developed in the parkoriented solutions to address building perrnit
building(s) is known to determine if the projected demands parking shortages, if
would exceed the available supply and, if so, to identify needed
potential solutions. The parking study shall consider
factors such as the types and sizes of proposed uses, City
code requirements, other demand factors as appropriate,
the potential for reduction in parking demand to the extent
that patrons of any commercial uses in the park-oriented
building(s) may be park goers or residents or employees
of other CCSP uses in the vicinity, and the potential for
shared use of parking with nearby CCSP uses. IF the
arkin stud determines that the ro osed ark arkin
Key: PCD-City oT Santa Monica Planning and Community Development Depanment
TMD - Cily oT Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPW M - City of Santa Monica Environmental and Public W orks Management Department
EPD-Environmental Programs Division
MMRP-41
Santa Monica Civic Center Specific Plan
Mitigation Monitoring and Reoortina F
Mitigation Measure/Condition of Apptoval
Action Required When
Monitoring to Monitorin
g
Compgance Verigcation
For the Villa
es
tl
h
l D
l ...Occur. Frequency
ge r
f
en
a
eve
opment analyzed in the
Apd12008 Addendum, the Developer is only required to Responsible `,
' Initial Date Comments r
implement those MMP measures that are Protect
~ A enc or
9 Y
conditions and referenced fnEzhibd C to that Party
Development Agreement for "The Village al Santa
Mohica"
supply is insufficient to support the proposed uses in the
park-oriented building(s), the required parking shall be
provided either thru provision of additional parking spaces
on site, shared use of parking with nearby CCSP uses,
use of valets with the vehicles parked in a remote locagon,
change in proposed uses, or a combination of these and
potentially other strategies determined to be appropriate
by the City.
XU. UTILITIES
U-2 Sewer Infrastructure Study. The project applicant Verification of consultation Prior to the Once UD
for the Santa Monica Place Special Use District and approval of studies, if issuance of
residential structures shall consult with the City and needed; verification of occupancy
conduct appropriate studies as required by the City infrastructure installation if permits
regarding sewer infrastructure that serves the Santa needed.
Monica Place Special Use District area. If required,
additional sewer laterals or other infrastructure shall be
installed as appropriate prior to issuance of a building
permit for the residential structures within the Santa
Monica Place Special Use District.
Key: PCD -City of Santa Monica Planning and Community Development Depadment
TMD -City of Santa Monica Transportation Management Division
UD - City of Santa Monica Utilities Division
CCSD -City of Santa Monica Community and Cultural Services Department
EPWM -City of Santa Monica Environmental antl.Public Works Management Department
EPD -Environmental Programs Division
MMRP-42 City
EVI-7'~'~ L6C77
Construction Permit Fee Schedule
Exhibit "E"
Construction Permit Fees
Developer shall pay the following fees and charges that are within the City's jurisdiction
and at the rate in effect at the time applications are made:
Upon submittal for plan check, Developer shall pay City plan check
fees;
2. Prior to issuance of construction permits, Developer shall pay the
following City fees. Amount is determined at time of filing:
• Building, Plumbing, Mechanical, Electrical, Grading, Seismic
Mapping, Excavation and Shoring Permit fees (collected by
Building & Safety)
• Shoring Tieback fee (collected by EPWM)
• Construction and Demolition (C&D) Waste Management deposit
(SMMC Section 7.60.020) (collected by EPWM)
• Wastewater Capital Facilities Fee (SMMC Section 7.04.460)
(collected by EPWM)
• Water Capital Facilities Fee & Water Meter Instillation fee (Water
Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)
• Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)
4. Prior to issuance of permits for any construction work in the public right-
of-way, or use of public property, Developer shall pay the following City
fees:
• Use of Public Property Permit fees (SMMC 7.04.670)
(EPWM)
• Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)
• Street Permit fee (SMMC 7.04.790) (EPWM)
5. The Developer shall reimburse the City for its actual costs to monitor
environmental mitigation measures. The City shall bill the developer for staff time and
any material used pursuant to the hourly fees in effect at the time monitoring is
performed. Developer shall submit payment to the City within 30 days; and
6. The Developer shall reimburse the City for its ongoing actual costs to
monitor the project's compliance with the Development Agreement up to $2,500 for any
one Periodic Review. The City shall bill the developer for staff time and any material
used pursuant to the hourly fees in effect at the time monitoring is performed. Developer
shall submit payment to the City within 30 days.
1 of 1
i i
Infrastructure Improvements
Exhibit F Public Benefits Infrastructure Improvements
Infrastructure Improvements. As a part of the Project, Developer is required to
complete the Olympic Drive Extension, including signalization at the intersections of
Olympic Drive with Main Street and with Ocean Avenue, with new sidewalks and
landscaping as reflected on the Project Plans. These improvements shall improve
public access to the Civic Center Palisades Garden Walk and beachfront and
exceed those that would be necessary to mitigate Project traffic,. utility and access
impacts. These improvements are depicted in detail in Exhibit F-1, attached.
1. Olvmpic Drive Extension
1.1. Construct Portland Cement Concrete (PCC) Pavement
1.2. Construct PCC Curb & gutter
1.3. Construct PCC Sidewalk
1.4. Construct Decorative (Paver) Sidewalk
1.5. Construct ADA Curb Ramps
1.6.Install StreeUPedestrian Lights
1.7. Plant Street trees
1.8.Install Parkway Landscaping & Irrigation
2. Traffic Signals
2.1.Install Traffic Signals at intersection of Olympic Drive and Main St
2.2. Install Traffic Signals at intersection of Olympic Drive and Ocean Ave
Utilities
2.3. Construct 8"dia. Water Main
2.4. Construct 10" dia. Sewer Main
2.5. Construct 24" Storm Drain
3. North Alley
3.1. Construct PCC Pavement
3.2. Construct Curb & gutter
3.3. Construct PCC Sidewalks
3.4. Construct ADA Curb Ramps
3.5.Install StreeUPedestrian Lights
3.6. Plant Street Trees
Main Street
3.7. Replace Existing Sidewalks
3.8. Replace Existing Curb & Gutter
3.9. Cold Mill & overlay AC Pavement to Centerline of Street
4. Ocean Avenue
4.1. Replace Existing Sidewalks
4.2. Replace Existing Curb & Gutter
4.3. Cold Mill & Overlay AC Pavement to Centerline of Street
4.4. Construct Raised Medians
4.5.Install Median Landscaping & Irrigation
5. First Court Alley
5.1. Construct PCC Pavement
Evfl'v' 1 i6~e~ 77
Diagrams
LEGENP
E%ISTING Pk0-ERTYJ
---- RIGHT-OF-WAY LINE
- PROPOSED EASEMENT
-------- E%I5TING CASEMENT
OCEAN AYENUE
~ 4
itiaa
~~~~ s„ ~,~ ALLEY - CIVIL INIPROVENIENT5
;
`~ ~
~ THE VILLAGE
y„ ''ism w , .~, n, SANTA MONICA, CALIFORNIA
MARCH 7008 SHEEP i OF 1
I
Q
4 s
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PROPOSED ROW
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(GROUND LEVFL I
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iO BE VACATED
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EXISTING PROPERTY LINE /
-' - - RIGHT-OF-WAY LINE
-------- PROPOSED EASEMENT
-------- EXISTING EASEMENT
1"=40'
PreofosfD
tune RAMP
P.REDPY ; N~~q OLYMPIC DRIVE -CIVIL IMPROVEMENTS
Isym ~.
t
°
~ THE VILLAGE
~ SANTA MONICA, CALIFORNIA
„I P< a/
s FEBRUARY 2008 SHEET 1 OF 1
EVI.~IBIT 66~±!!
Existing Regulations
Exhibit G Existing Regulations
The Zoning Ordinance at date of adoption and all applicable
Interim Ordinances are on file with the City Clerk, but not included here
E~1 1''~ 66~J97
EaSef'YlE11tS
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~HM THE VILLAGE
§ Po G. I W E€~ 9 @9 G
16795 Von Korman, Suite 100 SANTA MONICA, CALIFORNIA
Irvine, California 92606
te1949.474.1960 ~ fax 949.474.5375
www.fuscoe.com FEBRUARY 2008 SHEET 1 OF 1
I I
I _ ~ FIRE REQUIREMENTS
L, ~ 0 IRR POSED FIRE I \ _ FIRE APPARATUS ACCESS ROADS SHALL COMPLY WITH THE FOLLOWING MINIMUM STANDARDS:
- AC~E3 __ _ _ ~ 'I. t
_ _ _
K - ~# ~`'~` ~ / ~~ A ERMI iEDMINMIHIG ACLEARTWIDIfLLL DE NOi LESS THAN 20 FfET. ND PARKING, STOPPING OR STANDING OF VEHICLES IS
B.)WE MINIMUM VERTICAL CLEARANCE SHALL BE 13 FEET, 6 INCHES.
E_ryb ' gR~S~D _ ._fi BASIN AN Sr fIRg HYDpANi, ~~~~ E.)iHEDSVEND ACCESS ROAI05 FOR ALL ACCESS ROAD TURNS SHALL BE NOT LE55 IRAN 40 FEET FOR lliE INSIDE RADIUS
_ - .~ /o i^'j w~ 9 EXISTING CATCH ~F%IETING 4 Y 1 -l _ y )SHALL DE "ALES WEATHER : AN %CE55 OF 150 FEET IN LENGTH SHALL DE PROVIpED WI1H ENHER A 96 FEET DIAMETER
e 6~ CUL-DE-SAC." fi0 FOOT 'T" 0
-W ESIGNED AND MAINTAINEp TO SUPPORT THE IMPOSED LOADS OF AT LEAST J5,000-POUND AND
9 20 R q ~ ~ ~ POSE@`---~--" _ c. M' ~_~'~~ CAPABLE OF SUPPORTING THE L 20-FOOT "HAMMERHEAD" TO ALLOW THE APPARATUS TO 1-RN.
+--' .+---ter- _ -q l C_I. 'ALT-WEATHER" SUflFACE IS ASPHALT, CONCRETE OR OTHER APPROVED ORINNG SURFACE
_ `~5p~ GAO.
_ EIvIF$GEN Y I 1 \ ~ F.)A FIRE APPARANS ACCESS ROAD SHALL DE PflOVIOED TO WITHIN 150 FEET OP ALL EXIERIOfl WALLS OF THE FIRST FLOOR OF
"~ FDC/CHECK VALE ~ 3'q AC4Fi55 \ ~ THE BUILDING. WE ROUTE OF 1HE FIRE APPARATUS ACCESS ROAD SHALL BE APPROVED BY 1HE FIRE DEPARTMENT. THE 150
~~ \. \ EASE EM FEET IS MEASURED BY MEANS OF AN UNOBSTRUCTED ROUTE AROUND THE E%TERIOR OF THE BUILDING.
I ~ ~ ~~ ~ ~ NTER YON ~ I
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% I ROPOSED PROPOBEO PROPOSED I EXISTgG BUILDING 1 I 1 FP6~DENTIAL WI I -~(
~. GFFORDABLE I 9J3 OCEAN AVE I APARTMENTS
,~ '~ I 4' 9 RNET flA ppARTMFNT ROLLOVER I ~ V
1~ p F~ NDDMINIU NRB f I IF II~ ~
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PROPDSeD PIRE Access x~.~s PROPOSED FIRE ACCESS EXHIBIT
ROAD I _
~s
EXISITING PROPERTY LINE / . ,m,,,, swm mo
--- PROPOSED EASEMENT I I~°~"R~"°~~~~ THE VILLAGE
_80 RIGHT-of-wAY uNe o , , SANTA MONICA, CALIFORNIA
FEBRUARY 2008 SHEET 1 OF 1
EXISTING 8~ STING \
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EXISTING BUILDING ! I~ ~
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PROPOSED RETAINING WALL I W I
PROPOSED RETAINING WALL I J I
(RAND PROPERTY) , Q I I
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E3 THE VILLAGE
E N 4 1 N E F P 1 Po G
lfi]95 Von Karmon, Suite 100
Imne, C¢'rfamia 92606
t¢I 949.4]4
1960 o fm 949
4]4
5315 SANTA MONICA, CALIFORNIA
.
.
.
~`~•~°¢°°m FEBRUARY 2008 SHEET 1 OF 1
\VO\CNV\unltlll~\pGIVOFX - YNVYV~tU ta]tMlNI YUR awPLL & RLLEY.OWG (02-25-OE{ 6:0]:21PM) Plpfletl by: Vpl¢nlinp L¢nprtluEZi
Xf7I B' 1 ec'»
Palisades Garden Walk
EXHIBIT A SHEET 1 OF 2
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, BEING A PORTION OF THE RANCHO SAN VICENTE Y SANTA MONICA
AS PER MAP RECORDED IN BOOK 3, PAGES 31 AND 32 OF PATENTS AND A PORTION OF
SCOTT'S ADDITION TO SANTA MONICA, AS PER MAP RECORDED IN BOOK 7 PAGES 58 AND
59 OF MISCELLANEOUS RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND CITY ENGINEER SPIKE AND WASHER MARKING THE CENTERLINE
INTERSECTION OF OCEAN AVENUE AND PICO BULEVARD, AS .SAID CENTERLINE
INTERSECTION IS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK-112, PAGE 45 OF
RECORD OF SURVEYS,. RECORDS OF SA.ID,000NTY; THENCE. ALONG SAID CENTERLINE
NORTH 44°19'00"WEST 351.55 FEET; THENCE NORTH 45°41'00" EAST 50.00 FEET TO THE
MOST SOUTHERLY CORNER OF LOT 7 OF TRACT NO. 1347 AS PER MAP RECORDED IN BOOK
18, PAGE 89 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, SAID POINT BEING THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID RECORD OF
SURVEY AS NORTH 45°41'09" EAST 349.82 FEET; THENCE ALONG SAID CERTAIN COURSE
NORTH 45°41'09" EAST 160.01 FEET; THENCE ALONG THE SOUTHEASTERLY PROLONGATION
OF THE NORTHEASTERLY LINE OF SAID SCOTT'S ADDITION OF SANTA MONICA NORTH
44°18'57" WEST 292.44 FEET TO THE NORTHEASTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF LOT 13 OF SCOTT'S ADDITION TO SANTA MONICA; THENCE
SOUTHWESTERLY ALONG SAID PROLONGATION AND ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 13 SOUTH 45°40'39" WEST 160.D2 FEET TO THE MOST SOUTHERLY CORNER OF
SAID LOT 13, SAID POINT BEING ON THE NORTHEASTERLY SIDELINE OF OCEAN AVENUE {1 DO
FEET WIDE); THENCE ALONG SAID SIDELINE NORTH 44°19'00" WEST 255.21 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SIDELINE NORTH 44°19'00"
WEST 144.73 FEET TO.THE MOST WESTERLY CORNER OF LOT 6 OF SCOTTS ADDITION TO
SANTA MONICA; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 6 AND THE,
NORTHEASTERLY PROLONGATION OF SAID LINE NORTH 45°40'54" EAST 160.02 FEET TO THE
NORTHEASTERLY LINE OF SCOTT'S ADDITION TO SANTA MONICA; THENCE ALONG SAID
NORTHEASTERLY LINE NORTH 44°18'57" WEST 49.99 FEET TO THE NORTHEASTERLY
PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 4 OF SCOTT'S ADDITION TO SANTA
MONICA; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION AND ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 4 SOUTH 45°4D'56" 16D.02 FEET TO THE MOST
SOUTHERLY CORNER OF SAID LOT 4, SAID POINT BEING IN SAID NORTHEASTERLY SIDELINE
OF OCEAN AVENUE; THENCE ALONG SAID SIDELINE NORTH 44°19'00" WEST 99.99 FEET TO
THE MOST SOUTHERLY CORNER OF LOT 2 OF SCOTT'S ADDITION TO SANTA MONICA;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2 AND THE NORTHEASTERLY
PROLONGATION OF SAID LINE NORTH 45°41'00" EAST 160.02 FEET TO SAID NORTHEASTERLY
LINE OF SCOTT'S ADDITION; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 44°18'57"
WEST 20.00 FEET TO THE NORTHEASTERLY PROLONGATION OF A LINE PARALLEL WITH AND
DISTANT 20 FEET NORTHWESTERLY, AT RIGHT ANGLES FROM SAID SOUTHEASTERLY LINE
OF LOT 2; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION AND ALONG SAID
PARALLEL LINE SOUTH 45°41'00" WEST 160.02 FEET TO SAID NORTHEASTERLY SIDELINE OF
OCEAN AVENUE, 100 FEET WIDE; THENCE ALONG SAID SIDELINE NORTH 44°19'00" WEST
429.60 FEET; THENCE LEAVING LAST SAID SIDELINE NORTH 17°32'23" EAST 24.11 FEET TO
THE SIDELINE OF THE SANTA MONICA FREEWAY AS SHOWN ON SAID RECORD OF SURVEY,
SAID SIDELINE .BEING THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 765.00 FEET, A RADIAL LINE TO SAID BEGINNING OF
GURVE BEARS SOUTH 14°31'54" EAST; THENCE NORTHEASTERLY ALONG SAID SIDELINE
THROUGH A CENTRAL ANGLE OF 23°05'48" A DISTANCE OF 308.38 FEET; THENCE TANGENT
TO SAID CURVE NORTH 52°22'18" EAST 161.92 FEET TO THE BEGINNING OFATANGENT
NI:\Mapping\b22\Ub\Legals\Itemainder Parcel\6220b Rem Parcel Exhibit A (legal).doc
EXHIBIT A SHE~T 2 OF 2
LEGAL DESCRIPTION
CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 760.00 FEET, THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°33'45" A
DISTANCE OF 47.25 FEET TO THE SOUTHWEST SIDELINE OF MAIN STREET {80 FEET WIDE) {A
RADIAL LINE TO THE END OF THIS CURVE BEARS NORTH 34°03'57" WEST); THENCE ALONG
SAID SIDELINE SOUTH 44°18'56" EAST 634.02 FEET; THENCE SOUTH 45°41'02" WEST 519.71
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF THE RANCHO SAN VICENTE Y SANTA MONICA,
LYING BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY IN DEPTH BELOW THE
SURFACE. IN THE CITY OF SANTA MONICA, COUNTY OF LOS- ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 30 AND 31 OF PATENTS, RECORDS
OF SAID COUNTY, DESCRIBED AS FOLLOWS:,
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF OCEAN AVENUE 100 FEET WIDE,
DISTANT NORTH 44°19'00" WEST THEREON, 60 FEET FROM THE MOST WESTERLY CORNER
OF LOT 1 OF SCOTT'S ADDITION TO SANTA MONICA, AS PER MAP RECORDED IN BOOK 7,
PAGES 58 AND 59 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 44°19'00"
WEST 90.00 FEET; THENCE PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 1 OF
SCOTT'S ADDITION TO SANTA MONICA, NORTH 45°41'13" EAST 100.000 FEET; THENCE
PARALLEL WITH SAID NORTHEASTERLY LINE SOUTH 44°19'00" EAST 90.00 FEET TO A LINE
PARALLEL WITH SAID NORTHWESTERLY LINE OF LOT 1, WHICH PASSES THROUGH THE
POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE SOUTH
45°41'13" WEST 100.00 FEET TO THE POINT OF BEGINNING.
Contains 341,867 sq. ft., or 7.85 acres, more or less.
As shown on Exhibit °B° attached hereto and by this
reference made a part hereof.
~~ /~. ~„ /f~ 3~ s/ ~ y m Exp. 06/30/09
$rian K. Mickels n, L.S. No. 7320 s, No. 7320
License Expires 06/30/09 'TFOF,,,L~Fd
OCEAN ~ -- oz ~-- __ _
_ _ °i °~ AVENUE o
('1 ~ UI
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U' o TRUE POINT cn O
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ITI
sT9 No. 7320 a~P ~~ G ~L. 73 0 o ~
rFOFCA~IF°~ UCENSEIXPIRES 06/30/09 --p - _ _
_~ _ -MAIN STREET a
°~ OCEAN AVENUE --
_ o
o _ _
~ Q TRUE POINT - - - p _
o OF BEGINNING 20.00' ~, O
_ N 44'19'00" W ~ 140.00' o
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TTM 69828 REM. PRCL..txt
Parcel name: TfM 69828 REMAINDER P
North: 5622.637
Line Courser N 44-19-00 W
North: 5726.190
Line Course: N 45-40-54 E
North: 5837.987
Line Course: N 44-18-57 w
North: 5873.755
Line Course: 5 45-40-56 w
North: 5761.959
Line Courser-N 44-19-00 w
North: 5833.501
Line Course: N 45-41-00 E
North: 5945.294
Line Course: N 44-18-57 w
Nortfi: 5959.604
Line Course: 5 45-41-00 W
North: 5847.811
Line Course: N 44-19-02 W
North: 6155.182
Line course: N 17-32-23 E
North: :6178.171
Curve Length: 308.38
Delta: 23-05-48
Chord: 306.30
Course in: N 14-31-54 W
RP North: 6918.698
End North: 6312.827
Line. course: N 52-22-i8 E
Nortfi: 6411.686
curve Lenggth: 47.25
gelta: 3-33-45
Chord: 47.25
Course 2n: 5 37-37-42 E
RP North: 5809.775
End North: 6439.355
Line Course: 5 44-18-56 E
North: 5985.711
Line Course: 5 45-41-02 W
North: 5622.633
East 7397.039
Length: 144.73
East 7295.928
Length: 160.02
East 7410.417
Length: 49.99
East 7375.493
Length: 160.02
East': 7261.003
Length: 99.99
East 7191.148
Length: 160.02
East 7305.640
Length: 20.00
East 7291.668
Length: 160.02
East 7177.175
Length: 429.60
East 6877.044
Length: 24.11
East 6884.310
Radius: 765.00
'tangent: 156.31
Course: N 63-55-1Z E
Course out: S 37-37-42 E
East 6692.360
East : 7159.420
Length: 161.92
East 7287.659
Radius: 760.00
Tangent: 23.63
Course: N 54-09-10 E
Course Out: N 34-03-57 w
East 7751.667
East 7325.957
_ength: 634.02
East 7768.589
_ength: 519.71
East 7397.039
Perimeter: 3079.80 area: 341,867 sq.ft. 7.85 acres
Mapcfieck Closure - (Uses listed courses, radii, and .deltas)
Error Closure: 0.004 Course: 5 12-24-04 w
Error North: -0.0037 east -0.0008
Precision 1: 769,945.00
Page 1
EXHIBIT "J"
Assignment-and Assumption
Agreement
EXHIBIT "J"
ASSIGNMENT AND ASSUMPTIaN AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment") is made
as of 2008 by and between RELATED/SANTA
MONICA VILLAGE, LLC., a California limited liability company ("Assignor"), and
RECITALS
("Assignee").
A. Assignor has certain rights and obligations (the "Rights" and the "Obligations,"
respectively) with regard to the following parcels of real property:
PARTICIPATING PARCEL
[insert applicable parcel A, B or C and its legal descriptions]
B. Such Rights and Obligations are described in that certain Development
Agreement ("DA") entered into by and between the City of Santa Monica (the "City") and the
Assignor ("Developer" therein) on , 2008, which document is a record on file
in the offices of the City Clerk of the City of Santa Monica. The DA is incorporated herein by
this reference as though fully set forth herein. DA as used herein shall mean,. refer to and include
the DA, as well as any exhibits, mitigation measures, conditions of approval, implementation
agreements, amendments and attachments thereto (which are hereby incorporated herein by this
reference) or other documents expressly incorporated by reference in the DA. Any capitalized
term not otherwise defined herein shall have the meaning ascribed to it in the DA.
C. Pursuant to Section 13 of the DA, Assignor has the right and desires to assign the
Rights and Obligations to Assignee, and Assignee desires to assume the Rights and Obligations.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Assignor and Assignee hereby agree as follows
1. Assigmnent. Effective as of the date of this Assignment, which shall occur
concurrently with the full execution of this Assignment by the Assignor, Assignee, and City,
Assignor hereby assigns all of the Rights to Assignee.
2. Acceptance and Assum tp ion. Assignee hereby accepts the assignment of the
Rights from Assignor and assumes all of the Obligations arising from and after the date of this
Assignment. Assignee agrees to perform all of the Obligations .in accordance with the DA.
Assignor and Assignee acknowledge that Assignor shall not be relieved of its duty to comply
with the Obligations until the City has executed its consent to this assignment and acceptance.
3. Assignee Address. The principal address of Assignee for purposes of the DDA is
as follows:
Page 1 of 3
4. Miscellaneous.
(a) This Assignment shall be determined in accordance with and governed by
the laws of the State of California.
(b) This Assignment maybe executed in counterparts, each of which shall be
deemed an original and which, when taken together, shall constitute a complete instrument.
(c) Each party agrees to perform any further acts, and to execute and deliver
any further documents that may be reasonably necessary or required to carry out the intent and
provisions of this Assignment and the transactions contemplated hereby.
(d) This Assignment shall bind and inure to the benefit of the respective heirs,
personal representatives, grantees, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be signed
by their duly authorized officers as of the day and year first written above.
ASSIGNOR:
RELATED/SANTA MONICA VILLAGE,
LLC, a California limited liability company
ASSIGNEE:
By:
Name:
Title:
By:
BY=
Name:
Title:
Page 2 of 3
CONSENT TO ASSIGNMENT AND ASSi.IMPTION
In reliance upon the assumption by , as Assignee,
of all Rights and Obligations pursuant to the foregoing Assignment and Assumption Agreement,
the CITY OF SANTA MONICA does hereby consent to and approve of the assignment of the
Rights and Obligations by RELATED/SANTA MONICA VILLAGE, LLC, a California limited
liability company, to Assignee.
CITY OF SANTA MONICA
Dated: By:
ATTEST:
City Clerk
REVIEWED AND APPROVED
AS TO FORM:
City Attorney
By:
Marsha Jones Moutrie
Page 3 of 3
E~(yIBIT 6L77
Income/Rent Limits for Affordable
Dwelling Units on Site B
Exhibit "K"
RENTAL AND UNIT MIX RESTRICTIONS FOR AFFORDABLE UNITS
Income Restrictions
Unit Twe Income Req'ts (TCAC) Statute - 26 USC Section 142 (d) (2) (B)
Live/Work 4 units at 30%TCAC AMI "
6 units at 60%TCAC AMI "
10 total Live/Work
One's 10 units at 30%TCAC AMI "
9 units at 50%TCAC AMI "
9 units at 60%TCAC AMI "
28 total one's
Two's 20 units at 30%TCAC AMI "
17 units at 50%TCAC AMI "
17 units at 60%TCAC AMI "
54 total two's
Three's 24 units at 30%TCAC AMI "
21 units at 50%TCAC AMI "
21 units at 60%TCAC AMI "
66 total three's
158 total units restricted
(plus two manager's units)
Rent Restrictions
Rent Requirements -Health & Safety
Unit Twe Code Section 50053(b)
Live/Work 4 units at RDA Very Low -Health &
Safety Code Section 50053(b)(2)
6 units at RDA Moderate -Health &
Safety Code Section 50053(b)(4)
One's 10 units at RDA Very Low -Health &
Safety Code Section 50053(b)(2)
18 units at RDA Moderate -Health &
Safety Code Section 50053(b)(4)
Two's 20 units at RDA Very Low -Health &
Safety Code Section 50053(b)(2)
34 units at RDA Moderate -Health &
Safety Code Section 50053(b)(4)
Three's 24 units at RDA Very Low -Health &
Safety Code Section 50053(b)(2)
42 units at RDA Moderate -Health &
Safety Code Section 50053(b)(4)
Term of Income and Rent Restrictions
99 years from the date of the certificate of occupancy for Site B Buildings.
Reference
Ordinance No. 2262
(CCs).
Additional
attachments
available for review
in City Clerk's
Office.