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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