O2387City Council Meeting 01 -10 -12 Santa Monica, California
ORDINANCE NUMBER 2387(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA MONICA, A MUNICIPAL CORPORATION AND FOURTH AND BROADWAY,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND ROBERT A. GRIGSBY AS
SUCCESSOR TRUSTEE OF THE JESSE L. AND LUDONA GRIGSBY REVOCABLE
TRUST
WHEREAS, Robert A. Grigsby as Successor Trustee of the Jesse L. and Ludona
Grigsby Revocable Trust dated November 6, 1985 is the owner of the property located
at 401 Broadway; and
WHEREAS, Fourth and Broadway, LLC, a California Limited Liability Company
( "Developer ") has an equitable interest in 401 Broadway; and
WHEREAS, on June 12, 2008, Developer filed an application for a Discretionary
Review Permit ( "DRP ") for a four -story commercial building and subsequently filed
revised plans for a five -story mixed -use residential /commercial project which will include
rental housing and primarily neighborhood - serving goods, services and retail uses; and
WHEREAS, Interim Ordinance No. 2356 (CCS) adopted by the City Council on
April 26, 2011 converted Developer's DRP application to an application for a
development agreement; and
WHEREAS, this project is an infill housing project exempt from the California
Environmental Quality Act pursuant to CEQA Section 21159.24; and
WHEREAS, the development agreement is consistent with the General Plan,
as summarized below, and as detailed in the accompanying City Council staff report
prepared for this proposed project and the exhibits thereto, incorporated herein by
reference, including, but not limited to:
The proposed mixed -use project balances a broad mix of uses that
creates dynamic activity in both the daytime and evening hours
including retail and high- density residential uses in the Downtown.
LUCE Policy D7.1.
The Project encourages local- serving uses that are an integral part
of a complete neighborhood and support an overall trip reduction
strategy. LUCE Policy D7.2.
The Project has an active ground floor uses that face the boulevard
with residential uses located on the upper floors. LUCE Policy
FROM
The Project will widen sidewalks at the key intersection of 4i" Street
and Broadway and provide the opportunity for outdoor dining that
would help activate the street thereby being designed to be an
integral part of the urban open space in the Downtown. LUCE
Policy 9.1.
2
The Project implements a Transportation Demand Management
(TDM) Plan to reduce vehicle trips in the area. LUCE Circulation
Policy T19.2.
The Project incorporates community benefits, including but not
limited to a downtown transit and circulation infrastructure
contribution, a TDM plan that promotes bicycle facilities and transit
subsidies, LEED Silver equivalency, and the provision of roof -top
solar panels,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Development Agreement attached hereto as Exhibit 1 and
incorporated herein by reference between the City of Santa Monica, a municipal
corporation, and Fourth and Broadway, LLC, a California limited liability company and
Robert A. Grigsby as Successor Trustee of the Jesse L. and Ludona Grigsby
Revocable Trust dated November 6, 1985 is hereby approved.
SECTION 2. Each and every term and condition of the Development
Agreement approved in Section 1 of this Ordinance shall be and is made a part of the
Santa Monica Municipal Code and any appendices thereto. The City Council of the
City of Santa Monica finds that public necessity, public convenience, and general
welfare require that any provision of the Santa Monica Municipal Code or appendices
3
thereto inconsistent with the provisions of this Development Agreement, to the extent
of such inconsistencies and no further, be repealed or modified to that extent
necessary to make fully effective the provisions of this Development Agreement.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
MARS A JONES MOUT IE
City A mey-_,/
Approved and adopted this 10th day of January, 2012.
Richard Bloom, Mayor
State of California. )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2387 (CCS) had its introduction
on December 13, 2011, and was adopted at the Santa Monica City Council
meeting held on January 10, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2387 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
kruu-1 Jfl d r pm yloAaal-1
Denise Anderson: Warren, Acting City Clerk