O2414City Council Meeting 11 -27 -12 Santa Monica, California
ORDINANCE NUMBER 2414 (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, VILLAGE TRAILER PARK LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, AND VILLAGE TRAILER PARK INC., A
CALIFORNIA CORPORATION
WHEREAS, on June 25, 2007, Village Trailer Park LLC, a California Limited
Liability Company, hereinafter "Developer," submitted an application for a development
agreement for a mixed -use project that will include a mixed -use project consisting of
438 residential units, up to 5,080 square feet of ground floor creative office, and 20,860
square feet of ground floor neighborhood - serving retail; and
WHEREAS, on August 13, 2012, Developer submitted revisions to the proposed
mixed -use project, so that it will include 377 residential units, up to 4,250 square feet of
ground floor creative office, and not less than 20,700 square feet of ground floor
neighborhood - serving retail; and
I
WHEREAS, a Draft Environmental Impact Report dated October 2011, and a
Final Environmental Impact Report dated April 2012 have been prepared analyzing the
environmental effects of the development agreement; and
WHEREAS, the revisions to the project plans submitted August 13, 2012,
resulted in potentially significant impacts with respect to Aesthetics (Shade and
Shadows) and, therefore, pursuant to CEQA Guidelines Section 15088.5(a), a
Recirculated EIR was prepared and recirculated for a 45 -day public review period from
August 31, 2012 to October 15, 2012; and
WHEREAS, a Revised Final EIR was published on November 1, 2012, which
contains all comments and responses to comments received during the comment period
for the Recirculated EIR and analyzes the revised project; and
WHEREAS, on November 14, 2012, the City Council adopted resolutions
certifying the Final Environmental Report and adopting a statement of overriding
considerations and mitigation monitoring plan; and
WHEREAS, the development agreement is consistent with the objectives,
policies, general land uses and programs specified in the General Plan, as described
below, and as detailed in the accompanying City Council staff report prepared for this
proposed project and the exhibits thereto, including but not limited to:
(a) Consistent with LUCE Goal D24 and Policy D24.1, the Project's location,
mix of uses, and design, capitalizes on the Expo Light Rail station at Bergamot Arts
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Center by contributing towards creating a mixed -use 17 hours per day, 7 days per week
neighborhood with a diverse mix of creative arts facilities, local- serving uses, and
residential types that provides a quality transition to residential neighborhoods to the
north, east and south.
(b) Consistent with LUCE Goal LUCE D25 and Policy 25.1, two new streets
that include a portion of Pennsylvania Avenue between Stewart and Stanford Streets
and New Road will enhance the circulation and transportation in the Mixed -Use Creative
District with pedestrian, vehicular and transit improvements that form an interconnected
grid of vehicle and pedestrian streets and bicycle paths to facilitate circulation in the
district.
(c) The Project provides for the donation of land and the development of
parking spaces for future affordable housing and the provision of16 affordable housing
units within the proposed project, of which 7 will be affordable to extremely low income
households and 9 for very low income households, consistent with Policy LU 2.4, which
calls for the creation of diverse housing options along the transit corridors and in the
activity centers, replacing some commercial potential with additional affordable and
workforce housing, and encouraging affordable workforce housing near the transit
stations.
(d) The Project is a mixed -use project that complies with the general land use
parameters encouraged in the Mixed Use Creative land use designation and complies
with the requirements of the City's Rent Control Charter Amendment, consistent with
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LUCE Policy D24.13, which states "retain the Village Trailer Park to the extent feasible,
and permit recycling to other uses that are consistent with the MUCD and in compliance
with the City's Rent Control Charter Amendment and sections of the California
Government Code applicable to recycling mobile home parks."
(e) The new streets in the Project will be designed as complete streets to
accommodate pedestrians, cyclists, and vehicles, consistent with LUCE Goal LU 19
and Policy LU19.2, which requires the design and operations of streets with all users in
mind including bicyclists, transit users, drivers and pedestrians of all ages and abilities.
(f) The Project is designed with significant setbacks and stepbacks, provides
ground -floor neighborhood serving retail on Colorado Avenue, and provides significant
building articulation and skyline variation, particularly on the upper floors, throughout the
project, consistent with LUCE Policy B12.1, which encourages local- serving retail and
residential uses along the avenue and stepping down the mass of buildings to provide
transitions to the adjacent lower -scale residential areas.
(g) The implementation of a Transportation Demand Management (TDM) plan
in efforts to reduce vehicle trips in the area and reduce associated parking demand
consistent with LUCE Circulation Policy T19.2, which seeks appropriate TDM
requirements for new development.
(h) The project is consistent with the LUCE's overall land use policies by
providing community benefits for the area, including but not limited to, two new streets
(Pennsylvania Avenue and New Road) that will be dedicated to the City as surface
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easements; payment of a transportation infrastructure fee; contributions to childcare;
contributions to services for seniors, disabled persons, and families with minor children;
ground floor open space; a local hiring program for construction and permanent
employment; reserved space to accommodate bicycle and car sharing; contribution
towards the start -up costs for a district -wide transportation management association;
and a TDM plan that provides for bicycle parking and facilities for a variety of on -site
users and transit subsidies for residents and employees.
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 by and between the City of Santa Monica, a municipal
corporation, Village Trailer Park LLC, a California Limited Liability Company, and Village
Trailer Park Inc., a California corporation, 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 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.
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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:
MARSHA JON E&'M UTRIE
City Attorney
C
EXHIBIT 1
DEVELOPMENT AGREEMENT
Recording Requested By
City of Santa Monica
When Recorded Mail To
City of Santa Monica
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: Senior Land Use Attorney
Space Above Line For Recorder's Use
No Recording Fee Required
California Government Code Section 27383
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF SANTA MONICA
AND
VILLAGE TRAILER PARK, LLC
AND
VILLAGE TRAILER PARK
(as Tenants in Common)
.2012
1
TABLE OF CONTENTS
Recitals............................................................................................................
...............................
1
Article1
Definitions ................................................................................ ..............................6
Article 2
Description of the Project ........................................................ ..............................8
2.1
General Description ................................................................. ..............................8
2.2
Principal Components of the Project ...................................... ...............................
8
2.3
No Obligation to Devel op ....................................................... .............................11
2.4
Vested Rights .................................:...................................... ...............................
11
2.5
Permitted Uses ...................................................................... ...............................
13
2.6
Significant Project Features and LUCE Community Benefits ............................15
2.7
Parking .................................................................................... .............................30
2.8
Design .................................................................................... .......................:.....30
2.9
Tract Map .............................................................................. ...............................
31
2.10
Parking Easement in Favor of Residual Parcel ..................... ...............................
31
2.11
Contract With City ....................................................................... .............................31
Article 3
Construction ............................................................................ .............................32
3.1
Construction Mitigation Plan ................................................ ...............................
32
3.2
Construction Hours ............................................................... ...............................
32
3.3
Outside Building Permit Issuance Date .................................. .............................32
3.4
Construction Period ................................................................ .............................33
3.5
Damage or Destruction ......................................................... ...............................
33
Article 4
Project Fees, Exactions, Mitigation Measures and Conditions ............................33
4.1
Fees, Exactions, Mitigation Measures and Conditions ........... .............................33
4.2
Conditions on Modifications ................................................... .............................33
4.3
Implementation of Mitigation Measures and Conditions of Approval
................33
Article 5
Effect of Agreement on City Laws and Regulations .............. .............................34
5.1
Development Standards for the Property; Existing Regulations .........................
34
5.2
Permitted Subsequent Code Changes ..................................... .............................35
5.3
Common Set of Existing Regulations ..................................... .............................36
5.4
Conflicting Enactments ......................................................... ...............................
36
5.5
Timing of Development .......................................................... .............................37
5.6
Process for Closure of Village Trailer Park .......................... ...............................
37
Article 6
Architectural Review Board ................................................... .............................38
6.1
Architectural Review Board Approval ................................... .............................38
Article 7
City Technical Permits ............................................................ .............................38
7.1
Def initions ............................................................................... .............................38
7.2
Diligent Action by City ........................................................... .............................39
7.3
Conditions for Diligent Action by the City ............................. .............................39
7.4
Duration of Technical City Permits ...................................... ...............................
40
Article 8
Amendment and Modification ................................................ .............................40
8.1
Amendment and Modification of Development Agreement .. .............................40
Article9
Term ........................................................................................ .............................41
9.1
Effective Date ......................................................................... .............................41
9.2
Term ...................................................................................... ...............................
41
Article 10
Periodic Review of Compliance ................................................... .............................41
10.1
City Review .......................................................................... ...............................
41
10.2
Evidence of Good Faith Compliance ...................................... .............................41
10.3
Information to be Provided to Developer ............................... .............................42
10.4
Notice of Breach; Cure Rights ................................................ .............................42
10.5
Failure of Periodic Review ................................................... ...............................
42
10.6
Termination of Development Agreement ............................. ...............................
42
10.7
City Cost Recovery .................................................................
.............................42
Article11
Default .....................................................................................
.............................43
11.1
Notice and Cure .................................................................... ...............................
43
11.2
Remedies for Monetary Default ............................................ ...............................
43
11.3
Remedies for Non - Monetary Default .....................................
.............................44
11.4
Modification or Termination Agreement by City ...................
.............................46
11.5
Cessation of Rights and Obligations .......................................
.............................47
11.6
Completion of Improvements .................................................
.............................47
Article12
Mortgagees ..............................................................................
.............................47
12.1
Encumbrances on the Property ............................................. ...............................
47
Article 13
Transfers and Assignments .....................................................
.............................49
13.1
Transfers and Assignments .....................................................
.............................49
13.2
Release Upon Transfer ............................................................
.............................49
Article 14
Indemnity to City ....................................................................
.............................50
14.1
Indemnity .............................................................................. ...............................
50
14.2
City's Right to Defense ...........................................................
.............................50
Article 15
General Provisions ..................................................................
.............................51
15.1
Notices .................................................................................. ...............................
51
15.2
Entire Agreement; Conflicts ................................................. ...............................
51
15.3
Binding Effect .........................................................................
.............................52
15.4
Agreement Not for Benefit of Third Parties ......................... ...............................
52
15.5
No Partnership or Joint Venture .............................................
.............................52
15.6
Estoppel Certificates ............................................................. ...............................
52
15.7
Time ...................................................................................... ...............................
53
15.8
Excusable Delays .................................................................... .............................53
15.9
Governing Law ..................................................................... ...............................
54
15.10
Cooperation in Event of Legal Challenge to Agreement ...... ...............................
54
15.11
Attorneys' Fees ....................................................................... .............................54
15.12
Recordation ............................................................................. .............................54
15.13
No Waiver ............................................................................... .............................54
15.14
Construction of this Agreement ............................................ ...............................
55
15.15
Other Governmental Approvals ............................................ ...............................
55
15.16
Venue ..................................................................................... .............................56
15.17
Exhibits ................................................................................. ...............................
56
15.18
Counterpart Signatures .......................................................... ...............................
57
15.19
Certificate of Performance .................................................... ...............................
57
15.20
Interest of Developer ............................................................. ...............................
57
15.21
Operating Memoranda .......................................................... ...............................
57
15.22
Acknowledgments, Agreements and Assurance on the Part of Developer .........
58
15.23
Not a Public Dedication ........................................................ ...............................
58
15.24
Other Agreements ................................................................. ...............................
58
15.25
Severability and Termination ................................................ ...............................
58
Exhibit "A"
Legal Description of Property
Exhibit "B"
Project Plans
Exhibit "C"
Permitted Fees and Exactions
Exhibit "D"
Mitigation Measures and Conditions of Approval
Exhibit "E"
SMMC Article 9 (Planning and Zoning)
Exhibit "F
-1" Local Hiring Program for Construction
Exhibit "F
-2" Local Hiring Program for Permanent Employment
Exhibit "G
-1" Pennsylvania Avenue Extension Easement Area
Exhibit "G
-2" New Road Easement Area
Exhibit "G
-3" Public Use Areas
Exhibit "H"
Santa Monica Sign Code
Exhibit "P'
Construction Mitigation Plan
Exhibit "J"
Assignment and Assumption Agreement
Exhibit "K"
VTP Resident Relocation Program
Exhibit "L"
Tract Map
Exhibit "M"
Exceptions to Title to Residual Parcel
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement "), dated for reference purposes
, 2012, ( "Effective Date ") is entered into by and between
VILLAGE TRAILER PARK, LLC, a California limited liability company, and
VILLAGE TRAILER PARK, a California corporation (as Tenants in Common,
collectively, "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 "City "), with reference to the following facts:
RECITALS
A. Pursuant to California Government Code Section 65864 et seq.,
Chapter 9.48 of the Santa Monica Municipal Code, and Santa Monica Interim Ordinance
No. 2356 (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.
B. Developer is the owner of approximately 3.85 acres of land located in the
City of Santa Monica, State of California, commonly known as 2930 Colorado Avenue,
as more particularly described in Exhibit "A" attached hereto and incorporated herein by
this reference (the "Property "). The Property is currently developed with the following
improvements:
(1) Trailer park with 109 rent - controlled pads, of which 59 were
occupied by units as of the date of publishing of the Tenant Impact Report; and
(2) Accessory improvements including: one -story manager's
residence; community building containing office, clubhouse, library, and restrooms;
swimming pool; and laundry building.
C. The City has included the Property within the "Mixed -Use Creative" land
use designation under the City's recently adopted Land Use and Circulation Element of
its General Plan (the "LUCE "). The Property is located within the Residential Mobile
Home Park District (R -MH) according to Section 9.04.08.06.010 of the City's Zoning
Ordinance. To aid in the redevelopment of the Property, the City and Developer desire to
allow Developer to construct new buildings, subterranean parking, and related facilities.
D. On June 25, 2007, Developer filed an application for a Development
Agreement, pursuant to Santa Monica Municipal Code ( "SMMC ") Section 9.48.020
(the "Development Application "). The Development Application was designated by the
City as Application No. 07- DEV005. The Development Application was for the closure
of the entire trailer park for redevelopment into a mixed use residential, production office
and retail project.
E. To facilitate financing and development of the Property, Developer filed
an application for a tentative tract map (the "Initially Filed Tract Map "), that would
have created one ground parcel and two airspace parcels (including one airspace parcel
below grade for the subterranean parking garage), that would have allowed for the future
buildings and a common area lot which includes surface and subterranean parking,
driveways and drive aisles, landscaping and hardscape and other common improvements.
The application for the Initially Filed Tract Map was designated by the City as Tentative
Tract Map No. 71974.
F. On August 13, 2012, Developer submitted revisions to the proposed
project to be developed under this Agreement. The revised plan is for the closure of 99
rent - controlled pads and redevelopment into a mixed use residential, production office
and retail project that is more fully described in this Agreement. At the same time,
Developer modified the Initially Filed Tract Map such that the modified tentative tract
map (the "Tract Map ") will create two ground parcels and two airspace parcels;
including one airspace parcel below grade for the subterranean parking garage and one
airspace parcel above grade for Building C, that will allow for the future buildings and a
common area lot which includes surface and subterranean parking, driveways and drive
aisles, landscaping and hardscape and other common improvements. A copy of the Tract
Map is attached as Exhibit "L" to this Agreement.
G. The Tract Map will include (a) Ground Parcel 1 on which there will be the
option to include up to 216 condominium units and on which will be allowed the future
buildings and a common area lot which includes surface and subterranean parking,
driveways and drive aisles, landscaping and hardscape and other common improvements
and (b) the two airspace parcels described in Recital F above (collectively, the "Project
Property Ground Parcel [2] on the Tract Map will preserve ten (10) existing Trailer park
pads on such Ground Parcel [2] (the "Residual Parcel ").
H. On November 27, 2007, Village Trailer Park, LLC, on behalf of
Developer, and the City executed that certain Memorandum of Understanding
(the "MOU "). Prior to execution of the MOU, on October 27, 2006, Developer delivered
written notice (the "Closure Notice ") to the then - residents of the Property, which
superseded a previous closure notice dated July 10, 2006, with the intention that the
Closure Notice constituted the twelve month advance notice required by Section 798
subsection (g)(2) of the Mobilehoine Residency Law (Civil Code §798 et seq.).
I. As described in the MOU, Developer and the City did not agree whether
Developer was required to obtain a so- called "removal permit" from the Santa Monica
Rent Control Board prior to issuing the Closure Notice. Developer agreed in the MOU to
pursue approval of this Agreement, while at the same time preserving Developer's claim
that the Closure Notice was a valid and effective notice that conformed to the
requirements of Section 798.56 subsection (g)(2) of the Mobilehoine Residency Law.
During the period between the execution of the MOU and the execution of this
Agreement, the City has determined that each and every VTP Resident has received
adequate notice of the pending change of use of the Property and that the public hearing
preceding the execution of this Agreement constitute full compliance by Developer with
the notification requirements for a change of use of the Property set forth in the
Mobilehoine Residency Law, including without limitation, Civil Code Section 798.56,
and Government Code Sections 65863.7 and 65863.8.
J. In accordance with Government Code Sections 65863.8, the City has
informed Developer of Developer's obligation to provide notices to the residents of the
Property pursuant to Section 798.56 of the Civil Code. The City finds that Developer has
complied in all respects with the City's requirements regarding notices to the residents of
the Property of the pending closure of the mobilehome park. The City also finds that,
prior to the date the City held a hearing on the Development Application, Developer has
verified to the City's satisfaction that the residents and trailer or mobilehome owners at
the Property have been so notified, in the manner prescribed by law and has thus
complied with the requirements of Government Code Section 65863.8.
K. City has prepared a report on the impact of the closure of the mobilehome
park on the Property upon the residents of the mobilehome park to be displaced (the
"Tenant Impact Report "). In accordance with Government Code Section 65863.7
subsection (a), the City finds that the Tenant Impact Report adequately addresses the
availability of adequate replacement housing in mobilehome parks and relocation costs.
L. The City finds that a copy of the Tenant Impact Report has been provided
to a resident of each trailer or mobilehome in the mobilehome park at least 15 days prior
to the date of the hearing to consider this Agreement, in accordance with Government
Code Section 65863.7 subsection (b).
M. The City has reviewed the Tenant Impact Report and, based upon the
information in the Tenant Impact Report finds that the VTP Resident Relocation Plan set
forth in Exhibit "K" attached hereto constitutes adequate mitigation of all adverse
impacts of the closure of the mobilehome park on the Property, including the impacts on
the ability of displaced mobilehome park residents to find adequate housing in a
mobilehome park.
N. On February 8, 2011, the City Council adopted Interim Ordinance Number
2345 ( "IZO ") establishing interim development procedures pending implementation of
the LUCE through a revised Zoning Ordinance. On April 26, 2011, the City Council
adopted Ordinance No. 2356 extending and amending Ordinance Number 2345. On
February 28, 2012, the City Council adopted Ordinance Number 2394, further extending
and amending Ordinance Number 2345. On August 28, 2012, the City Council adopted
Ordinance Number 2407, further extending and amending Ordinance Number 2345. The
IZO prohibits the issuance of permits for development projects which would constitute a
Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 or which would
exceed 32 feet in height in the Mixed -Use Creative District as delineated in the Land Use
Designation Map approved by the City Council on July 6, 2010 unless developed
pursuant to a development agreement adopted in accordance with SMMC Chapter 9.48.
Adoption of this Agreement will allow for the issuance of permits for the Project.
O. Developer has paid all necessary costs and fees associated with the City's
processing of the Development Application and this Agreement.
P. The primary purpose of the Project is to provide the Mixed -Use Creative
District with needed market rate and affordable residential units, including apartments
and condominiums or townhomes, as well as commercial space that will be developed as
either creative office and /or production space and retail uses. The Parties desire to enter
into this Agreement in conformance with the Development Agreement Statutes in order
to achieve the development of the Project on the Project Property.
Q. The City Council has determined that a development agreement is
appropriate for the proposed development of the Project Property and to require the
Developer to take steps to mitigate the adverse impacts of the mobilehome park closure
pursuant to Government Code Section 65863.7(e). This Agreement will (1) eliminate
uncertainty in planning for the Project and result in the orderly development of the
Project Property, (2) assure installation of necessary improvements on the Project
Property, (3) result in infrastructure improvements to the retained 10 -unit mobilehome
park on the Residual Parcel, (4) provide for public infrastructure and services appropriate
to development of the Project, (5) preserve substantial City discretion in reviewing
subsequent development of the Project Property, (6) secure for the City improvements
that benefit the public, and (7) otherwise achieve the goals and purposes for which the
Development Agreement Statutes were enacted.
R. This Agreement is consistent with the public health, safety, and welfare
needs of the residents of the City and the surrounding region. The City has specifically
considered and approved the impact and benefits of the development of the Project on the
Project Property in accordance with this Agreement upon the welfare of the region. The
Project will provide a number of significant project features, including without limitation
the following: (1) providing 377 dwelling units that will maximize housing opportunities
near the future Metro Exposition Light Rail Line station, consisting of (a) 161 apartment
units (99 shall be rent - controlled units) of which 9 shall be deed - restricted for Very Low
Income units, and 7 shall be Extremely Low Income units; (b) 216 condominium units
comprised of (i) 88 studio condominium units; (ii) 83 one - bedroom condominium units;
(iii) 41 two - bedroom condominium units; and (iv) 4 three- bedroom condominium units;
(c) up to 4,250 square feet of creative office / production space (that may be converted to
retail space depending upon market conditions); (2) not less than 20,700 square feet of
retail space; (3) improving traffic circulation through the construction of an extension to
Pennsylvania Avenue and the construction of a new road on the Project Property; (4)
increased on- street public parking spaces along the new road and along the Pennsylvania
Avenue extension, (5) on -site, publically accessible courtyard /plaza areas and a
pedestrian paseo that would connect through the site; (6) co= locate jobs, neighborhood
serving commercial and housing on the same site to reduce vehicle trips; (7) add to the
entry -level housing stock in the City by constructing for -sale, smaller `affordable by
design' residential units; and (8) improving the aesthetics of the Project Property through
the construction of new, well- designed buildings and enhanced landscaping. All of the
for -sale units will be sold at market rates.
S. The City Council has found that the provisions of this Development
Agreement are consistent with the relevant provisions of City's General Plan, including
the LUCE.
T. On May 23, 2012, May 30, 2012, and on June 20, 2012, the City's
Planning Commission held duly noticed public hearings on the Development Agreement.
The Commission recommended that the City Council certify the environmental impact
report for the Project and approve the Development Agreement subject to
recommendations regarding the relocation plan, project design, and community benefits.
U. On July 24, 2012, the City Council held a duly noticed public hearing on
the Development Agreement and at such hearing the City considered the environmental
impact report for the Project, this Agreement (as modified pursuant to recommendations
by the Planning Commission), took public comment on the proposed project and
instructed staff to consider certain issues regarding the proposed project, and continued
the public hearing to a future date.
V. In response, on August 8, 2012, Developer requested a continuance in
order to consider project reconfiguration.
W. On August 13, 2012, Developer submitted revised project plans. As a
result, the City recirculated portion of the Final Environmental Impact report pursuant to
CEQA Guidelines Section 15088.5.
X. On November 13, 2012, the City Council held a duly noticed public
hearing on the Development Agreement and at such hearing the City considered the
environmental impact report for the Project, this Agreement (as modified pursuant to the
amendment to the Development Application and the Tract Map), took public comment on
the proposed project and requested that staff provide more information on certain issues
regarding the proposed project, and continued the public hearing to November 14, 2012.
Y. On November 14, 2012, the City Council held a duly noticed public
hearing on the Development Agreement and at such hearing the City certified the
environmental impact report for the Project, this Agreement (as modified pursuant to the
amendment to the Development Application and the Tract Map), adopted resolutions
adopting the Mitigation Monitoring Program and Statement of Overriding
Considerations, and introduced Ordinance No. for first reading, approving this
Agreement.
Z. On November 27, 2012, the City Council adopted Ordinance No.
approving this Agreement.
NOW THEREFORE, in consideration for the covenants and conditions hereinafter set
forth, the Parties hereto do hereby agree as follows:
ARTICLE l
DEFINITIONS
The terms defined below have the meanings in this Agreement as set forth below
unless the context otherwise requires:
1.1 "Affordable Units" means all Very Low Income Units, and all Extremely
Low Income Units in the Project.
1.2 "Agreement" means this Development Agreement entered into between
the City and Developer as of the Effective Date.
1.3 "AMI" means the area median income published from time to time by the
City's Department of Housing and Economic Development, based on the United States
Department of Housing and Urban Development (HUD) estimate of income for a four -
person household in for the Los Angeles -Long Beach Primary Metropolitan Statistical
Area, as adjusted for the household size of the unit in question.
1.4 "ARB" means the City's Architectural Review Board.
1.5 `Building" means any of the four new buildings to be constructed as part
of the project..
1.6 "City Council" means the City Council of the City of Santa Monica, or its
designee.
1.7 "City General Plan" or "General Plan" means the General Plan of the
City of Santa Monica, and all elements thereof including the LUCE, as of the Effective
Date unless otherwise indicated in this Agreement.
1.8. "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 the City, including any board,
commission, or department of the City and any officer or employee of the City.
Discretionary Approvals do not include Ministerial Approvals.
1.9 "Effective Date" has the meaning set forth in Section 9.1 below.
1.10 "Extremely Low Income Units" mean units set aside for Extremely Low
Income households, as defined by the California Department of Housing and Community
Development.
1.11 "Floor Area" has the meaning given that term in Section 9.04.02.030.315
of the Zoning Ordinance; provided that subterranean space occupied by common rooms
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and other amenities available only to the residential tenants and owners of the Project,
and storage areas shall not be included in the calculation of Floor Area, including without
limitation for the purposes of determining whether improvements comply with the
Maximum Floor Area limitation and in calculating Floor Area Ratio. The Parties
acknowledge that the City is in the process of updating the Zoning Ordinance, and the
Parties agree that, upon the City's adoption of the new Zoning Ordinance, the Developer
may make a one -time election whether to have the definition of Floor Area have the
meaning as contained in this Agreement or as contained in the City's new Zoning
Ordinance.
1.12 "Floor Area Ratio" and FAR" means floor area ratio as defined in
Section 9.04.02.030.320 of the Zoning Ordinance.
1.13 "Including" means "including, but not limited to."
1.14 "LEEDO Rating System" means the Leadership in Energy and
Environmental Design (LEED (W) Green Building rating System for New Construction &
Major Renovations adopted by the U.S. Green Building Council.
1.15 "Legal Action" means any action in law or equity.
1.16 "Maximum Floor Area" means 341,290 square feet of Floor Area.
1.17 "Ministerial Approvals" mean any action which merely requires the City
(including any board, commission, or department of the City and any officer or employee
of the City), in the process of approving or disapproving a permit or other entitlement, to
determine whether there has been compliance with applicable statutes, ordinances,
regulations, or conditions of approval.
1.18 "Parties" mean both the City and Developer and "Party" means either
the City or Developer, as applicable.
1.19 "Pedestrian- Oriented Design" has the meaning as defined in
Section 9.04.10.02.440 of the Zoning Ordinance.
1.20 "Pedestrian- Oriented Use" has the meaning as defined in
Section 9.04.02.030.65 of the Zoning Ordinance.
1.21 "Planning Director" means the Planning Director of the City of Santa
Monica, or his or her designee.
1.22 "Project Plans" mean the plans for the Project that are attached to this
Agreement as Exhibit `B."
1.23 "Project Property" means that portion of the Property to be developed
pursuant to this Development Agreement as defined in Recital G.
1.24 "Very Low Income Units" mean units set aside for Very Low Income
households, as defined by SMMC, Section 9.56.020.
1.25 "VTP Resident' is a person who has a tenancy in the Property under a
rental agreement as provided in California Civil Code Section 798.9.
1.26 "Zoning Ordinance" means the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance (Chapter 9.04 of the SMMC) and any applicable Interim
Zoning Ordinance as the same are in effect on the Effective Date, is set forth in its
entirety in Exhibit "E" (Planning and Zoning).
ARTICLE 2
DESCRIPTION OF THE PROJECT
2.1 General Description. The Project includes all aspects of the proposed
development of the Property as more particularly described in this Agreement and on the
Project Plans. If there is a conflict or inconsistency between the text of this Agreement
and the Project Plans, the Project Plans will prevail; provide, however, that omissions
from the Project Plans shall not constitute a conflict or inconsistency with the text of this
Agreement.
2.2 Principal Components of the Project. The Project consists of the
following principal components:
2.2.1 Building A. Building A would contain approximately 48,570
gross square feet with a height from 46.5 to 57 feet. The ground floor would include
approximately 7,280 square feet of commercial space. Portions of the ground floor and the
second through fourth floors of Building A would be comprised of 46 residential
condominium units containing, in the aggregate, approximately 41,300 square feet of
space. Building A will also include a rooftop deck with a pool, a gym and restroom
facilities to serve as common area amenities for the residents of Buildings A, B and C.
2.2.2 Building B. Building B would contain approximately 167,290
gross square feet and range in height from 36 to 57 feet. The ground floor would include
approximately 13,420 square feet of commercial space. Portions of the ground floor and
the second through fifth floors of Building B would be comprised of 170 residential
condominium units containing, in the aggregate, approximately 153,880 square feet of
space. Building B will also include a rooftop deck with multiple seating areas to serve as
common area amenities for the residents of Buildings A, B and C.
2.2.3 Building C — Initial Construction. Building C would contain
approximately 125,420 gross square feet and range in height from 36 to 57 feet. The
ground floor would include approximately 4,250 square feet of commercial space. Portions
of the ground floor and the second through fifth floors of Building C would be comprised
of 161 for -rent residential apartment units (the "Rental Housing Units "), of which 99 units
will be rent- controlled, containing, in the aggregate, approximately 121,170 square feet of
space. Building C will also include a rooftop terrace overlooking Pennsylvania Avenue to
serve as common area amenities for the residents of Buildings A, B and C. As set forth in
the conditions of approval for the project (Exhibit "D "), no certificate of occupancy may be
issued for Buildings A or B unless and until the construction of Building C is completed
and Building C is issued a certificate of occupancy.
2.2.4 Building C — Additional Construction. The Building C described
in Section 2.2.3 may be enlarged to include an additional 1,770 square feet of commercial
space on the ground floor; provided that the roadway that includes the New Road (defined
below in Section 2.6.2d)) is integrated with an expansion of the New Road to be
constructed on the Adjacent Property (defined below in Section 2.6.2d)).
2.2.5 Commercial Space. The Project will contain, in the aggregate,
approximately 24,940 square feet of non - residential, commercial space that will be
comprised of 4,250 square feet of creative office /production space (provided that such
space could be converted to retail space, depending on market conditions) and not less than
20,700 square feet of neighborhood - serving retail. 9,260 square feet of the neighborhood -
serving retail space will front Colorado Avenue.
2.2.6 For -Rent Residential Units. The Rental Housing Units would
include 161 total apartment units, comprised of the following: (a) 145 apartment units
would be market -rate apartments and (b) 16 apartment units would be Affordable Units.
The 16 Affordable Units that are for -rent apartments will be comprised of 9 units that
would be deed restricted as Very Low Income Units; and 7 units that would be deed
restricted as Extremely Low Income Units. The maximum allowable rents for the Very
Low Income Units shall be as established annually by the City for all such affordable
housing units in the City. The maximum allowable rents for Extremely Low Income Units
shall be 60% of maximum allowable rents for Very Low Income Households as established
annually by the City. Affordable Units shall comply with the requirements of SMMC
Chapter 9.56, except that some of the Affordable Units may not be as large as the minimum
square feet requirements for such Affordable Units set forth in SMMC Chapter 9.56.
2.2.7 Condominium Residential Units. In addition to the Rental
Housing Units, the Project will include 216 condominium units (the "Condominium
Units "). It is Developer's intention to offer the Condominium Units for sale, but based
upon market conditions at the time the Condominium Units are completed, Developer may
offer are or more of the Condominium Units as rental units, at market rates. The
Condominium Units that will be constructed as part of the project include the following:
(a) 88 studio units; (b) 83 one - bedroom units; (e) 41 two- bedroom units; and (d) 4 three -
bedroom units. Notwithstanding anything to the contrary elsewhere in this Agreement, all
of the Condominium Units may be sold or leased by Developer at market prices or rents, as
applicable. The Condominium Units, if leased to tenants, shall not be deemed to be Rental
Housing Units for any purpose under this Agreement.
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2.2.8 Parking. A two- level, subterranean parking garage would contain
no less than the number of parking spaces required by the Bergamot Area Plan, if adopted
by the City prior to the date Developer submits an application for a building permit for the
Project, or 635 spaces otherwise, and would contain no more than 799 spaces. The garage
would be a single, integrated parking garage, serving the entire Project and providing some
parking spaces for the benefit of the Residual Parcel (in accordance with the terms of this
Agreement). Each residential unit in the Project (whether a Condominium Unit or an
apartment unit) shall be offered at least one designated parking space in the Project, at the
time the residential unit is leased or sold unless unbundled in accordance with
Section 2.6.2(m)(i)(9) of this Agreement. The parking garage may include tandem parking
spaces on the lower level of the parking garage to serve all of the residential units in the
Project, such that two parking stalls may be arranged as tandem stalls, as generally depicted
on the Project Plans. The P1 parking level shall not be permitted to have any tandem
parking spaces. If the New Road is expanded pursuant to Section 2.6.2(d) below, then the
New Road may include on- street public parking spaces to be located on the western
boundary of the site. The Pennsylvania Avenue Extension may also include on- street
public parking spaces. The public street parking spaces in the New Road or in the
Pennsylvania Avenue Extension shall not be included in the Project's parking count. 40 of
the subterranean parking spaces shall be subject to the easement in favor of the Residual
Parcel required by Section 2.10 of this Agreement.
2.2.9 Plaza Areas. Courtyard /plaza areas and a pedestrian paseo will be
provided within the Property.
2.2.10 Pennsylvania Avenue Extension. A portion of the Property will be
improved with an extension of Pennsylvania Avenue that would be oriented east -west
across the Property from Stanford Street to the westerly edge of the Property. This
extension of Pennsylvania Avenue will be dedicated to the City in accordance with the
terms of this Agreement.
2.2.11 New Road. A portion of the Property will be improved with a new
road area that would be oriented north -south across the Property along the western border
of the Property, from Colorado Avenue to the southerly edge of the Property. This road
area will be dedicated to the City in accordance with the terms of this Agreement.
2.2.12 Transfer of Residual Parcel to the City or Its Designee. Developer
shall convey to the City or to any entity designated by the City fee title to the Residual
Parcel, pursuant to the requirements of Section 2.6.2(n) below.
2.2.13 Resident Relocation Benefits. Prior to issuance of a building
permit for the Project, Developer shall comply with those requirements of the VTP
Resident Relocation Program set forth in Exhibit "K" attached hereto that can be completed
prior to commencement of construction of the Project. Developer shall comply with the
remaining elements of the VTP Resident Relocation Program in accordance with the
milestones set forth for such elements in Exhibit "K" attached hereto.
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2.3 No Obligation to Develop.
2.3.1 Except as specifically provided herein:
a) Nothing in this Agreement shall be construed to require
Developer to proceed with the construction of the Project or any portion thereof.
b) The decision to proceed or to forbear or delay in
proceeding with construction of the Project or any portion thereof shall be in Developer's
sole discretion.
C) Failure by Developer to proceed with construction 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 a nuisance abatement
proceeding under SMMC Chapter 8.96, or any successor legislation.
2.3.2 Failure by Developer to proceed with construction of the Project or
any portion thereof shall not result in any loss or diminution of development rights,
except upon expiration of Developer's vested rights pursuant to this Agreement, or the
termination of this Agreement.
2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary,
Developer shall be required to implement all mitigation measures and conditions required
under this Agreement in accordance with Exhibit "D" and the Tenant Relocation Plan set
forth on Exhibit "K ".
2.4 Vested Rights.
2.4.1 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 in
a half -size set. Further detailed plans for the construction of the Building and
improvements, including, without limitation, structural plans and working drawings shall
be prepared by Developer subsequent to the Effective Date based upon the Project Plans.
2.4.2 Minor Modifications to Project. Developer with the approval of
the Planning Director, may make ininor changes to the Project or Project Plans
( "Minor Modifications ") without amending this Agreement; provided that the Planning
Director makes the following specific findings that the Minor Modifications: (i) are
consistent with the Project's approvals as approved by the City Council; (ii) are
consistent with the provisions, put-poses and goals of this Agreement; (iii) are not
detrimental to the public health, safety, convenience or general welfare; and (iv) will not
significantly and adversely affect the public benefits associated with the Project. The
Planning Director shall notify the Plamiing Commission in writing of any Minor
Modifications approved pursuant to this Section 2.4.2.
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2.4.3 Modifications Requiring Amendment to this Agreement.
Developer shall not make any "Major Modifications" (defined below) to the Project
without first amending this Agreement to permit such Major Modifications.
A "Major Modification" means the following:
a) Reduction of any setback of the Project, as depicted on the
Project Plans, if by such reduction the applicable setback would be less than is permitted
in the applicable zoning district under the Zoning Ordinance in effect on the date such
modification is applied for by more than twenty percent (20 %) of the dimension of such
setback;
b) Any change in use not consistent with the permitted uses
defined in Section 2.5 below;
C) Any increase in the number of residential dwelling units in
excess of 377 dwelling units;
d) Any reduction in the number of Affordable Units that are
part of the Rental Housing Units;
e) Any decrease in the neighborhood- serving retail component
of the project below 20,700 square feet.
f) Any decrease in the number of parking spaces such that the
aggregate number of parking spaces in the Project, after such reduction, would be less
than the minimum number of spaces established by the Bergamot Area Plan, if adopted
by the City by the date Developer requests such Major Modification, or 635 otherwise.
Additionally, any such request shall (i) be supported by a Developer - prepared written
report that demonstrates that the proposed, reduced number of parking spaces will meet
the Project's peak parking demand and (ii) Developer shall obtain the Planning Director's
approval of such report.
g) Any increase in the number of parking spaces above 799
parking spaces;
h) Any material change in the number or location of curb cuts
shown on the Project Plans;
i) Any variation in the design, massing or building
configuration, including but not limited to, floor area and building height, that renders
such aspects out of substantial compliance with the Project Plans after ARB Approval;
and
j) Any change that would materially reduce the community
benefits as set forth in Section 2.6.
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If a proposed modification does not exceed the Major Modification
thresholds established above, then the proposed modification may be reviewed in
accordance with Section 2.4.2.
2.4.4 City Consent to Modification. If the City's consent is required for
a Minor Modification, the Planning Director shall not unreasonably withhold, condition,
or delay its approval of a request for such Minor Modification. The City may impose
fees, exactions, conditions, and mitigation measures in connection with its approval of a
Minor or Major Modification, subject to any applicable law. Notwithstanding anything
to the contrary herein or in the Existing Regulations, if the Planning Director approves a
Minor Modification or if the City approves a Major Modification (and the corresponding
amendment to this Agreement for such Major Modification), as the case may be,
Developer shall not be required to obtain any other Discretionary Approvals for such
modification, except for ARB approval, in the case of certain Major Modifications.
2.4.5 Right to Develop. Subject to the provisions of Section 3.3 below,
during the Term (as defined in Section 9.2 below) of this Development Agreement,
Developer shall have the vested rights (the "Vested Rights ") to (a) develop and construct
the Project in accordance with the following: (i) the Project Plans (as the same may be
modified from time to time in accordance with this Agreement); (ii) any Minor
Modifications approved in accordance with Section 2.4.2; (iii) any Major Modifications
which are approved pursuant to Section 2.4.3 above; (iv) a tentative and final tract map
that is prepared and approved at any time during the Term of this Agreement in
accordance with the provisions of Chapter 9.20 of the Zoning Ordinance as the same
exist on the date of this Agreement, provided that such tentative and final tract map is
otherwise in substantial compliance with the development standards established by this
Agreement; and (v) the requirements and obligations of Developer related to the
improvements which are specifically set forth in this Agreement, and (b) use and occupy
the Project for the permitted uses set forth in Section 2.5. Except for any required
approvals from the ARB pursuant to Section 6.1 of this Agreement, the City shall have
no further discretion over the elements of the Project which have been delineated in the
Project Plans (as the same may be modified from time to time in accordance with this
Agreement). Notwithstanding anything to the contrary in Zoning Ordinance, the Tract
Map shall remain valid for the Term of this Agreement, until final tract maps are
recorded for the Property in accordance with the requirements of Chapter 9.20 of the
Zoning Ordinance.
2.4.6 Foundation Only Building Perini t. Section 8.08.070(b) of the
Zoning Code allows for issuance of partial permits for portions of a structure. Developer
may submit an application for a Foundation Only Permit, which application shall be
processed according to the Division of Building and Safety's Foundation Only Permit
policy (PT- 05 -03).
2.5 Permitted Uses. The Parties acknowledge that the City is in the process of
updating the Zoning Ordinance, and the Parties agree that, upon the City's adoption of
the new Zoning Ordinance, the Developer may make a one -time election whether to have
the Permitted Uses as contained in this Agreement or as identified in the zoning district
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where the Project is located in the City's new zoning ordinance. Pursuant to this
Agreement, Permitted Uses in the Project shall be as specified below:
a) Residential uses, both for -rent and for -sale;
b) Enclosed entertainment - related facilities including, without
limitation, movie studios and production facilities, distribution facilities, editing facilities,
catering facilities, printing facilities, post - production facilities, set construction facilities,
sound studios, special. effects facilities and other entertainment - related production
operations;
C) Broadcasting /communications, telecommunications facilities, and
ancillary facilities customarily associated with and incidental to such production
facilities, including, without limitation, facilities for broadcasting, transmitting,
distributing, recording, receiving, editing, and creating broadcast/communications and
telecommunications;
d) On -site production facilities for advertising purposes;
e) All uses customary or incidental to the production or distribution
of motion pictures, electronic games, and all other forms of aural, audio /visual and /or
multi -media products;
0 Software and other computer - related production facilities;
g) Internet and /or "web" based businesses such as internet service
providers, search engine companies, social media companies, and the like;
h) Neighborhood serving businesses such as restaurants, sidewalk
cafes, yoga studios, fitness centers, and other activity -based businesses; and
i) Small -scale general or specialty stores that furnish goods and
services primarily to residents of the neighborhood; provided that the aggregate Floor
Area for all retail uses does not exceed 24,940 square feet.
j) Uses that are directly related to, supportive of, and ancillary to a
permitted use ( "ancillary uses "), including without limitation storage areas for use by
residential tenants or owners, administrative office, production management, marketing,
promotion, licensing, acquisition, sales, leasing, financing, accounting, legal, professional
services, creative services, transmission facilities, catering offices and kitchens; and
subterranean parking for primary and ancillary uses. The Project may include up to 50%
ancillary uses associated with primary permitted uses. General office uses that are not
directly related to, or ancillary uses to a primary use of a building or suite, are prohibited.
2.5.1 Ground Floor Uses. Ground floor uses facing Colorado Avenue
and New Road shall be Pedestrian- Oriented Uses. Ground floor uses facing
Pennsylvania Avenue shall be Pedestrian - Oriented Uses or may be designed with
Pedestrian- Oriented Design.
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2.6 Significant Project Features and LUCE Community Benefits. This
Agreement provides assurances that the significant project features and LUCE
community benefits identified below in this Section 2.6 will be achieved and developed
in accordance with the terms of this Agreement.
2.6.1 Significant Project Features. Set forth below in this Section 2.6.1
are the project features that will be provided to the City, including without limitation:
a) Increasing the supply of affordable housing units in the
City through the inclusion of 16 Affordable Units in the Project, provisions for the land
donation and affordable deed restriction of the Residual Parcel, all of which in the
aggregate are intended to be the equivalent of compliance with the requirements of the
City's Affordable Housing Production Program (except for certain unit size
requirements);
b) Increased tax revenues;
C) Enhancing the Mixed Use Creative district with a well -
designed mixed -use project;
d) An estimated 976 new, temporary, design and construction
jobs within the City;
e) Reducing vehicle trips by implementing a TDM program
that takes advantage of the future completion of the Expo Line and other modes of
transportation that are alternatives to the automobile;
I) Sustainable Design Features. Developer shall retain the
services of an accredited professional to consult with Developer regarding inclusion of
sustainable design features for the Project. Developer shall design the Project so that the
Project shall achieve LEED® certification at a minimum "Silver" level under the
LEED® Rating System (the "Sustainable Design Status ") from the Green Building
Certification Institute (GBCI). The Project may achieve LEED® certification through
any LEEDS rating system for which the Project is eligible as determined by the GOBI,
including LEED -New Construction, LEED -Core and Shell, LEED - Commercial Interiors,
LEED- Homes, or LEED- Schools, but excluding LEED- Existing Buildings, Operations &
Maintenance. The Project shall register for the LEED® rating system in effect at the
time of application for review by the Architectural Review Board.
i) Developer shall confirm to the City that the design
for the Project has achieved the Sustainable Design Status in accordance with the
following requirements of this Section 2.6.1(f)(i):
1) Prior to the submission of plans for ARB
review, Developer shall submit a preliminary checklist of anticipated LEED® credits
(that shall be prepared by the LEED(W accredited professional) for review by the City of
Santa Monica Green Building Program Advisor. The Developer shall retain the services
of a third party, independent individual designated to organize, lead, and review the
15
completion of the process of verifying and documenting that a building and all of its
systems and assemblies are planned, designed, installed, and tested to meet the owner's
project requirements (the "Commissioning Authority "). Prior to issuance of a building
permit, the Developer shall have the Commissioning Authority review the Owner's
Project Requirements, the Basis of Design, and the Design Documents.
2) Prior to issuance of a final Certificate of
Occupancy for the Project, the Developer shall demonstrate that the Project has achieved
the Sustainable Design Status.
3) Notwithstanding the foregoing, if the
Developer has not yet demonstrated that the constructed Project has achieved the
Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of
Occupancy for the Project (assuming that the Project is otherwise entitled to receive a
temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be
converted to a final Certificate of Occupancy once the Project has achieved the
Sustainable Design Status.
ii) Approximately 1,500 square feet in the aggregate of
photovoltaic panels shall be located on the roof of Building A, as well as the roofs of the
gym and cabana structures that are part of Building A in accordance with the Project
Plans.
g) Shared Parking. In furtherance of the LUCE's shared
parking policies, the Project shall implement the following provisions regarding shared
parking spaces. At all times during the operation of the Project, Developer shall cause
162 of the parking spaces (the "Unreserved Spaces ") provided in the Project to be
shared among (i) commercial visitors, all guests for residential units, and any commercial
tenants and their employees and (ii) any residential occupant of the Project who desires to
lease additional unreserved parking spaces in connection with his or her residential unit.
The Unreserved Spaces shall be shared on a first -come, first- served basis. 30 of the
spaces that are part of the parking easement in favor of the Residual Parcel, pursuant to
Section 2.10 of this Agreement, may also be included in the Unreserved Spaces.
However, any leases for those 30 spaces shall be terminated with 1 -week written notice
from the Developer prior to the date that the Residual Parcel is developed with a
residential project that requires off -site parking spaces. So long as there are a sufficient
number of on -site parking spaces for residents, commercial tenants, and their respective
guests and visitors, Developer may lease any unused on -site parking spaces from the
Unreserved Spaces and the Residential Unbundled Spaces ( "Excess Spaces ") to third
parties in need of parking. Parking shall be charged at market rental rates established by
Developer from time -to -time and in accordance with the following pricing parameters:
hourly, daily, and monthly rates shall be noncompetitive with the price of comparable
public transit fares and/or passes and ii) the City shall ensure compliance with this
provision as part of the annual compliance report required as part of this Agreement.
Prior to making any Excess Spaces available to third parties, (i) Developer shall obtain a
written report by a traffic and parking engineering firm that demonstrates that Excess
Spaces are not required to meet the Project's peak parking demand, and (ii) Developer
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shall obtain the Planning Director's approval of such report. Alternatively, Developer
may seek City approval for any type of proposed shared parking arrangement in
accordance with any City procedure in effect at the time Developer requests approval for
a shared parking arrangement,
h) Electrical Vehicle Conduit. Developer shall cause one of
the subterranean levels of the parking garage in the Project to include electric panel
capacity, conduit and stub -outs that will accept electric wiring to provide power to not
less than 30 parking spaces. The panel capacity, conduit size and stub -outs shall be
designed to allow for the simultaneous charging of 208/240 V 40 amp grounded AC
electrical outlets to a minimum of 30 parking spaces. Until the Planning Director makes
a determination, based on demonstrated demand by drivers of such vehicles, that some or
all of the 30 parking spaces be restricted for electric or other alternative fueled vehicle
use, the spaces may be utilized without regard to vehicle type at the Developer's sole and
absolute discretion.
i) Subjecting 99 Rental Housing Units (but none of the
Condominium Units) in Building C to the City's Rent Control Law (Article XVIII of the
City Charter), including the Affordable Units. Developer shall comply with all
applicable rent control rules and regulations established from time to time by the City's
Rent Control Board, with respect to 99 of the Rental Housing Units in Building C.
2.6.2 LUCE Community Benefits. Set forth below in this Section 2.6.2
are the additional community benefits that will be provided by the Project.
a) Enhanced Plaza Areas and Enhanced Walkway.
Developer shall construct the plaza areas and the walkway areas with enhanced
landscaping throughout the Project that are identified on the Project Plans as either
`Residential Open Space' (the "Residential Open Space ") or `General Open Space' (the
"General Open Space "), all as depicted on "Exhibit G -3" attached hereto. The
Residential Open Space and the General Open Space are sometimes collectively referred
to as the "Public Use Areas." Developer, at its option, may also include in the Project a
walking or jogging pathway through portions of the Project that may connect to similar
paths on adjacent properties (the "Exercise Paths "). If and to the extent that the Exercise
Paths are constructed as part of the Project, the Exercise Paths shall be considered part of
the Public Use Areas. Developer shall make the Residential Open Space accessible to the
public from 7:00 a.m. through 7:00 p.m. each day. Developer shall make the General
Open Space accessible to the public from 7:00 a.m. through 10:00 p.m. each day.
Developer shall make the Accessible Green Space accessible to the public from 7:00 a.m.
through 7:00 p.m. each day. Except as approved by the Planning Director, which
approval will not be unreasonably withheld or delayed, no physical or visual barrier shall
be used to limit access to Public Use Areas during the time periods designated for public
access. The public use of the Public Use Areas shall be: (i) consistent with the terms and
conditions of this Agreement; (ii) solely for pedestrian access to and passive use of the
Public Use Areas by the public including walking, strolling, reading and other similar
activity (with no obligation to buy any goods or services during such hours); and (iii)
compatible with Developer's development, use and enjoyment of the Project. No use
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other than pedestrian access to and passive use of the Public Use Areas by the public
shall be permitted on the Public Use Areas. Developer shall have the right to impose and
enforce reasonable rules and regulations regarding the use of the Public Use Areas by the
public (the "Public Use Rules "); provided that the Planning Director may approve the
Public Use Rules, which approval shall not be unreasonably withheld, conditioned or
delayed. Developer may exclude individuals from the Public Use Areas who do not
comply with such rules and regulations. The City agrees that the Public Use Areas and
other open space set forth in the Project Plans satisfies the City's requirements for both
public and private open space. If there are any inconsistencies between the Zoning Code
and the open space requirements set forth in this Agreement, the open space requirements
established by this Agreement shall prevail.
b) Prohibited Activities on the Public Use Areas. The Public
Use Rules may prohibit certain uses incompatible with the Project, including without
limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any
item or engaging in the solicitation of money, signatures, or other goods or services; (iii)
sleeping or staying overnight; (iv) using sound amplifying equipment; or (v) engaging in
any illegal, dangerous or other activity that Developer reasonably deems to be
inconsistent with other uses in the Project or with the use of the Public Use Areas by
other members of the public for the permitted purposes, such as excessive noise or
boisterous activity, bicycle or skateboard riding, skating or similar activity, being
intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled
conveyances (except for wheelchairs and baby strollers /carriages), and Developer shall
retain the right to cause persons engaging in such conduct to be removed from the
Project. Should any such persons refuse to leave the Project, they shall be deemed to be
trespassing and be subject to arrest in accordance with applicable law. Developer shall
be entitled to establish and post rules and regulations for use of the Public Use Areas
consistent with the foregoing, which shall be subject to approval by the Planning
Director, and which approval will not be unreasonably withheld or delayed. Nothing in
this Agreement or in the Project Plans shall be deemed to mean that the Public Use Areas
are public parks or are subject to legal requirements applicable to a public park or other
public space. The Public Use Areas shall remain the private property of Developer with
members of the public having only a license to occupy and use the Public Use Areas in a
manner consistent with this Section 2.6.2(a) and (b).
C) Pennsylvania Avenue Extension. Prior to issuance of a
certificate of occupancy, Developer shall, at its sole cost and expense, dedicate, improve
and complete construction of public street, from the easterly boundary of the Property to
the westerly boundary of the Property, that would be the easterly extension of
Pennsylvania Avenue (the "Pennsylvania Avenue Extension "), containing
approximately 20,290 square feet as depicted on Exhibit "G -1" attached hereto (such land
area being referred to as the "Pennsylvania Avenue Extension Easement Area "). The
roadway width will be sixty -two feet (62') wide for approximately the 238 lineal feet
(238') of westerly most portion of the Pennsylvania Avenue Extension and the roadway
will be forty -nine feet five inches (49' 5 ") wide for the retraining portion of the
Pennsylvania Avenue Extension, as depicted on Exhibit "G -1 ". For that portion of the
Pennsylvania Avenue Extension that will be sixty -two feet wide, Developer shall
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complete such portion including but not limited to all curbs, gutters and sidewalks in
accordance with streetscape standards as established in the Bergamot Area Plan on both
sides of such street. For that portion of the Pennsylvania Avenue Extension that will be
forty -six and one -half feet wide, Developer shall complete such portion including but not
limited to all curbs, gutters and sidewalks in accordance with streetscape standards as
established in the Bergamot Area Plan on both sides of such street. The Pennsylvania
Avenue Extension shall be dedicated, constructed, and completed in accordance with
Condition of Approval No. 80 in Section B of Exhibit "D" to this Agreement and in
accordance with the current regulations and codes governing the construction of public
streets in the City. Developer shall dedicate to the City (i) the surface area of the
Pennsylvania Avenue Extension Easement Area for public street purposes and (ii) the
Pennsylvania Avenue Utility Corridors (as defined in Condition of Approval No. 80 in
Section B of Exhibit "D" to this Agreement), while expressly reserving to Developer all
other subterranean rights. The dedication of the surface portion of the Property contained
within the Pennsylvania Avenue Extension Easement Area shall give the City the ability
to install parking meters, fire hydrants, maintain street signage, and repair and maintain
the roadway in accordance with applicable road maintenance standards within the City.
Other than the City's right to use the Pennsylvania Avenue Utility Corridor, the
dedication of the portion of the Property contained within the Pennsylvania Avenue
Extension Easement Area shall not grant to the City any other rights below the surface of
the street for the installation, repair or maintenance of any utility equipment or facilities,
such as storm water, sewer, electricity, telephone or other uses. Following City's'
acceptance of the dedication of the Pennsylvania Avenue Extension Easement Area,
Developer's subterranean use of the Pennsylvania Avenue Extension Easement Area
shall not materially impact or interfere with the City's use of the surface of such area as a
public street or the City's use of the Pennsylvania Avenue Utility Corridor. Prior to such
acceptance, Developer shall have the exclusive right to use the Pennsylvania Avenue
Extension Easement Area. If the Pennsylvania Avenue Extension Easement Area ever
ceases to be used as a public street, the ownership of the Pennsylvania Avenue Extension
Easement Area shall revert to Developer.
d) New Road. Prior to issuance of a certificate of occupancy,
Developer shall, at its sole cost and expense, dedicate, improve and complete
construction of a twenty -two foot (22') wide roadway on the western border of the
Property from Colorado Avenue to the southeasterly Property line (the "New Road ").
The New Road would be comprised of one travel lane (from Colorado Boulevard
southeasterly toward the southeasterly boundary of the Property) and sidewalks, but no
parking lanes, and the New Road would provide access into the Property, all as depicted
on Exhibit "G -2" (the "Primary Access Plan ") attached hereto. The twenty -two foot
(22') wide land area that contains approximately 14,080 square feet is referred to as the
"New Road Easement Area ". The New Road Easement Area shall be completed by
Developer constructing a roadway that will be approximately twenty -two (22') wide (that
may include curbs, gutters and sidewalk) on the northeasterly side of the New Road, as
generally depicted on the Primary Access Plan. The New Road also shall be constructed,
and completed in accordance with Condition of Approval No. 81 in Section B of
Exhibit "D" to this Agreement and in accordance with the current regulations and codes
governing the construction of public streets in the City. Developer shall dedicate to the
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City (i) the surface area of the New Road Easement Area for public street purposes and
(ii) the New Road Utility Corridors (as defined in Condition of Approval No. 81 in
Section B of Exhibit "D" to this Agreement), while expressly reserving to Developer all
other subterranean rights. The dedication of the surface portion of the Property contained
within the New Road Easement Area shall give the City the ability to maintain street
signage and repair and maintain the roadway in accordance with applicable road
maintenance standards within the City. Other than the City's right to use the New Road
Utility Corridor, the dedication of the portion of the Property contained within the New
Road Easement Area shall not grant to the City any other rights below the surface of the
street for the installation, repair or maintenance of any utility equipment or facilities, such
as storm water, sewer, electricity, telephone or other uses. Following City's acceptance
of the dedication of the New Road Easement Area, Developer's subterranean use of the
New Road Easement Area shall not materially impact or interfere with the City's use of
the surface of such area as a public street or the City's use of the New Road Utility
Corridor. Prior to such acceptance, Developer shall have the exclusive right to use the
New Road Easement Area. If the New Road Easement Area ever ceases to be used as a
public street, the ownership of the New Road Easement Area shall revert to Developer.
C) New Road — Cooperation with Adjacent Property. The
property located at 2848 -2912 Colorado Avenue, situated directly to the southwest of the
Property (the "Adjacent Property ") is under consideration for redevelopment. The
proposed development for the Adjacent Property may also include the development of an
extension of Pennsylvania Avenue through the Adjacent Property as well as a north -south
roadway expansion of the New Road that would be developed as an integrated roadway
together with the New Road. If Developer commences construction of the Project after
the project on the Adjacent Property has completed construction of a roadway that is
adjacent to the New Road Easement Area, then Developer shall cooperate with the City
and the owner of the Adjacent Property to cause the construction of the expanded New
Road to become part of the adjacent roadway improvements on the Adjacent Property, so
that the two combined roadway improvement areas are up to sixty -two (62') wide from
the north property line to the south property line; provided that the New Road Easement
Area shall not be wider than twenty -two feet (22'), in addition, if such widening of the
New Road occurs, the City shall work with the Adjacent Property owner to try and cause
the Adjacent Property Owner to cooperate with Developer (at no cost or expense to
Developer) so that Developer may improve and complete construction of New Road in
accordance with streetscape standards adopted as part of the Bergamot Area Plan together
with any roadway repair that may also be required at such time on the New Road
Easement Area as may be required by the City. If Developer commences construction of
the Project after the project on the Adjacent Property has completed construction of a
roadway that is adjacent to the New Road Easement Area, then Developer shall be
obligated to do the following at no cost to Adjacent Property owner: (i) construct, and
complete such roadway improvements on the Adjacent Property that are necessary to
integrate the New Road with the other previously completed roadway improvements, all
in accordance with Condition of Approval No. 81 in Section B of Exhibit "D" to this
Agreement and in accordance with the then - current regulations and codes governing the
construction of public streets in the City, and (ii) make any repairs that may be required
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to the project constructed on the Adjacent Property that may be required after completion
of the Developer's roadway work.
If owner of the Adjacent Property commences construction of an expanded street that
would integrate the New Road after Developer has completed construction of the New
Road, then Developer shall cooperate with the City and the owner of the Adjacent
Property to cause the construction of the New Road to become part of the adjacent
roadway improvements on the Adjacent Property, so that the two combined roadway
improvement areas could be up to sixty -two feet (62') wide from the north property line
to the south property line. In addition, if such widening of the New Road occurs,
Developer shall provide any cooperation required (at no cost or expense to Developer) to
allow the Adjacent Property owner to improve and complete construction of New Road
in accordance with streetscape standards adopted as part of the Bergamot Area Plan
together with any roadway repair that may also be required at such time on the New Road
Easement Area as may be required by the City. The City shall cause the Adjacent
Property owner to dedicate, construct, and complete roadway improvements on the
Adjacent Property that will integrate the New Road in accordance with Condition of
Approval No. 81 in Section B of Exhibit "D" to this Agreement and in accordance with
the then - current regulations and codes governing the construction of public streets in the
City. The City shall also cause the Adjacent Property owner, at no cost to Developer, to
make any repairs that may be required to the Project as a result of such roadway work.
I) Childcare Subsidy. Prior to issuance of Certificate of
Occupancy for the first building in the Project, Developer shall create a separate, interest -
bearing trust fund and make a contribution in the amount of $179,000. The required
childcare linkage fee that would otherwise be payable in accordance with Chapter 9.72 of
the Zoning Ordinance is $174,000 is being voluntarily applied by the Developer towards
the childcare subsidy. The contribution shall be made and distributed in accordance with
an application process to be approved by the Planning Director. The contribution shall be
used exclusively to provide subsidies to persons using childcare services in the City.
When awarding childcare grants or subsidies, first priority should be given to low- income
households with consideration given to family size, income and need. Subject to the
foregoing, preference should be given to Pico Neighborhood residents.
g) Contribution for Services for Senior and Disabled Persons
and Families with Minor Children. Prior to the date on which Developer delivers the
closure notice pursuant to Section 5.6.2 below, Developer shall create a separate, interest -
bearing trust fund and make a contribution in the amount of $350,000. The contribution
available in this trust fund shall be used exclusively to provide subsidies to entities
providing services in the City to seniors, disabled persons, and to families with minor
children. The contribution available in this trust fund shall be distributed in accordance
with a process, to be established by the Planning Director, whereby those entities that can
provide services to persons entitled to relocation assistance under the Relocation Plan
attached to this Agreement as Exhibit "K" (which persons are also seniors, disabled
persons, and /or families with minor children), may make an application to receive
distribution of the trust funds. When awarding grants or subsidies to the approved
entities providing services, first priority should be given to entities that will provide the
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broadest range of services to address the needs of seniors, disabled persons, and families
with minor children residing within the Village Trailer Park.
h) Transportation Infrastructure Fee. On or before issuance of
a building permit for the Project, Developer shall make a contribution to the City in the
amount of $1,650,000, to be used by the City within five years thereafter, subject to
extensions authorized pursuant to applicable law, for the purposes of helping fund capital
improvements to transportation infrastructure that may include but not be limited to
pedestrian network completion, bicycle facilities as guided by the Bicycle Action Plan,
transit improvements, and automobile network improvements.
i) Local Hiring. A local hiring program shall be provided in
accordance with Exhibits "F -1" and "F -2 ".
j) Bicycle Sharing Area. Developer shall provide a
reasonable amount of space in the Public Use Area, not to exceed ten (10) feet in depth
and twenty -five (25) feet in width, at a visible and accessible location on -site which is
compatible with the operation of the Project; for a bicycle sharing program station in
conjunction with any bicycle sharing program instituted by the City or another operator.
Developer shall have the right to relocate the area made available for such bicycle sharing
station from time to time so long as the new location continues to be visible from the
street and of a similar size given the requirements of the bicycle sharing program. Any
changes to size and location will require approval by the Planning Director. Developer
shall have no obligation to fund or operate any such prograin or to keep any space
available if no bicycle sharing system is implemented by the City or other operator. If
the City requests that Developer install a bicycle sharing program station, such station
may replace no more than 7 publically accessible bicycle rack spaces required in the
"TDM Plan" (defined below in Section 2.6.2(m)); provided that Developer shall use its
commercially reasonable efforts to relocate the publically accessible bicycle racks to
another location on the Property. If relocation of the publically accessible bicycle racks
on the Property is not feasible, then Developer shall cooperate with the City to install
bicycle racks in the portions of the City's public right of way designated by the City. In
such case, Developer shall be responsible to purchase and install bicycle racks in the
public right of way, in a number equal to the publically accessible bicycle racks that were
removed to accommodate the bicycle sharing program station.
k) Car Sharing Service. Developer shall, in the subterranean
parking garage, make a car sharing service available within the Project with a minimum
of two shared -use cars, if such a service is available from a third party provider on
commercially reasonable terms including the rental rate to be paid to Developer for use of
the parking spaces. Required parking spaces may be used for carshare vehicles.
Developer shall propose a signage system to notify people of the location and availability
of the carshare vehicles; the City Transportation Manager shall consider such request and
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 shall be
determined by the Planning Director in consultation with the Developer, at such time as
the carshare service provider has been selected.
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1) Parking District Management. The City intends to develop
a parking district management program for the neighborhood surrounding the Property to
allow for the shared use of parking spaces in the Project and on other properties. If the
City implements a parking district management program that includes the Project site,
Developer will participate in such program in a commercially reasonable manner and
commensurate with the participation of the other projects that are within the parking
district.
m) Enhanced TDM Elements. The Transportation Demand
Management Plan (the "TDM Plan ") set forth below includes elements of a
transportation demand management plan required by the Zoning Ordinance. In addition,
Developer shall provide those elements which exceed the requirements of the Zoning
Ordinance. During operation of the Project, Developer shall comply with the
requirements of the TDM Plan and shall make the TDM Plan available in the on -site
information required in Section 2.6.2(m)(i)(6).
i) TDM Measures Applicable to the Entire Project.
1) Peak Hour Trip Requirements. The Project
shall take steps to generate not more than 111 AM weekday peak hour trips and more
than 140 PM weekday peak hour trips (the "Peak Daily Trips "), as estimated for the
Project in the Recirculated EIR. Developer's failure to achieve the Peak Hour Trip
Requirements shall not constitute a default under this Agreement.
2) Annual Status Report. Developer shall,
beginning with the first annual reporting date assigned by the City, report on the TDM
Plan. The report shall be submitted in accordance with a format established by the City
and shall include information sufficient to determine compliance with all aspects of the
TDM Plan required by this Section 2.6.2(m).
3) Annual Peak Daily Trips Monitoring.
Developer shall, at least once each calendar year (commencing during the second
calendar year following the year in which the final certificate of occupancy for the
Project is issued), conduct a two -day trip count survey at the Project, counting the
number of vehicles entering and exiting the Project driveways, together with observation
of vehicles picking up and /or dropping off persons entering or leaving the Project. At the
same time that trip count survey occurs, Developer shall also conduct a one -day cordon
count that positively counts all persons arriving to the project by foot, bicycle, and
automobile. The counts shall be conducted by an independent third party, reasonably
approved by the City. If any annual trip count report shows that the actual average daily
am peak trips and /or pm peak trips exceed the Peak Daily Trips, then Developer shall
propose modifications to the TDM program that Developer considers likely to allow the
Project to achieve actual average daily trip counts that are less than the Peak Daily Trips
by the date of the next annual trip count survey. Any such modifications to the TDM
shall be subject to the reasonable approval by the City's Planning Director as a Minor
Modification. The actual average daily AM peak trips and /or PM peak trips for the
Project shall be monitored each year during the term of this Agreement. Develop may
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also elect to have the City conduct the monitoring required by this Section 2.6.2(m)(i)(3)
and shall reimburse City for all reasonable costs associated with such monitoring.
4) Trip Generation Measurement. Developer
shall implement a key card entry system for on -site parking that will differentiate
between residential, commercial, and off -site users. PM peak trip generation shall be
measured by counting the number of parking users that use a residential or commercial
key card to exit the garage during PM peak hours. In an effort to encourage shared
parking, off -site users exiting during peak hours will not be counted towards peak trip
generation. Vehicles exiting that area part of a car - sharing service will not be counted
towards peak trip generation counts. Peak trip generation shall be measured over a
normal consecutive two -day period (excluding weekends or holidays). The two -day
average PM peak period counts shall be compared against the Trip Generation Reduction
Target
5) Transportation Demand Mana eg ment
Association. Developer and building tenants shall participate in a Transportation
Demand Management Association (TMA). As part of the LUCE Update process, the
City has identified that a TMA should be established for the Bergamot area. TMAs
would provide employees, businesses, visitors and residents of an area with resources to
increase the amount of trips taken by transit, walking, bicycling, and ridesharing. The
property owner shall attend organizational meetings, provide traffic demand data to the
TMA, and make available information to its tenants relative to the services provided by
the TMA. Developer shall make a one -time contribution prior to issuance of Certificate
of Occupancy for the first building on -site in the amount of $50,000 towards the
formation of the TMA. Developer will pay annual dues applied proportionally to all
members of the TMA. At the discretion of the Developer to be approved by the Planning
Director, elements incorporated under this TDM Plan may be incorporated into the TMA.
6) Transportation Information Center.
Developer shall provide on -site information for employees, residents, and visitors about
transportation reduction alternatives available to occupants of the project, such as the
following: (i) guidance on public transit routes (including bus lines, light rail lines, bus
fare programs, ride share programs, and shuttles) to and from the Project and bicycle
facilities (including routes, rental and sales locations, on -site bicycle racks and showers
for use by tenants of the Project); (ii) walking and biking maps for visitors, which shall
include but not be limited to information about local services and restaurants within
walking distance of the Project; (iii) information regarding local rental housing agencies;
(iv) coordination of vanpool and carpool formation; (v) the existence of any City -
sponsored programs such as ride -to- work -week, ride share events, pit stop programs, and
the like; and (vi) the availability at the time of such meeting of third party car - sharing
services such as Nu -ride and Zim -ride. Developer may elect to provide this information
on a website or other electronic media.
7) TDM Plan Coordinator. A TDM Plan
Coordinator shall be designated for this Project by the Developer. The TDM Plan
Coordinator shall manage all aspects of this TDM Plan and participate in City - sponsored
24
workshops and information roundtables. As the Project is expected to be occupied by
multiple users, including a large residential component, Developer shall participate in the
Bergamot area TMA to encourage the implementation of TDM strategies for all
occupants of the Project. The TDM Coordinator shall be responsible for making
available information materials on options for alternative transportation modes and
opportunities. In addition, transit fare media and day /month passes will be made
available through the TDM Coordinator to employees, visitors, and residents during
typical business hours. Developer shall inform residential tenants leasing units in Rental
Housing Units (but not to owners or tenants of the Condominium Units) that they may
elect to forego their parking space in exchange for a subsidized transit pass.
8) Unbundled Parking — Commercial Tenants.
Developer shall offer to lease the Unreserved Parking Spaces in the Project to
commercial tenants separately from the commercial space. All commercial tenants of the
Project may, at their option, enter into leases with limited or no parking spaces as part of
their respective leases. If commercial tenants desire to lease parking, parking shall either
be ]eased pursuant to a separate agreement or shown as a separate line item in the lease.
Such parking shall be leased at market rates established by Developer from time -to -time.
Not less frequently than once each calendar quarter, Developer shall deliver to the City's
Transportation Management Office a list of those commercial tenants of the Project who
occupy the Project under leases with reduced or no parking spaces. In order to reduce the
potential for any parking impacts on surrounding neighborhoods, all commercial tenant
occupants of the Project shall not be permitted to obtain Preferential Parking Permits
from the City.
9) Unbundled Parking — Residential Tenants.
All residential tenants of the Project shall be offered at least one parking space.
Residential tenants leasing Rental Housing Units (but not owners or tenants of the
Condominium Units or the Affordable Units) may, at their option, enter into leases
without a parking space as part of their respective leases. Parking shall be shown as a
separate line item in the leases for Rental Housing Units. Each parking space leased to a
residential tenant of a Rental Housing Unit shall be leased at market rates established by
the Developer from time -to -time in accordance with Section 2.6.1(g). The calculation of
monthly rent for Rental Housing Units shall be decreased by the line item amount for a
parking space if a residential tenant declines a parking space in exchange for the
subsidized transit pass required pursuant to Section 2.6.2(m)(iii)(1). Any parking spaces
that are not leased by residential tenants ( "Residential Unbundled Spaces ") may be
leased pursuant to Section 2.6.1(g) of this Agreement. Not less frequently than once each
calendar quarter, Developer shall deliver to the City's Transportation Management Office
a list of those residential tenants of the Project who occupy the Project under leases with
reduced or no parking spaces. In order to reduce the potential for any parking impacts on
surrounding neighborhoods, all residential tenant occupants of the Project shall not be
permitted to obtain Preferential Parking Permits from the City with the exception for one-
day guest parking passes.
10) Pedestrian Wayfinding. The Developer
shall provide and maintain a pedestrian wayfinding program directing employees,
25
visitors, and residents to /from the project site and public bus transit, rail transit lines, and
bicycle facilities.
11) Visitor Accessible Bicycle Racks.
Developer shall provide short-term bicycle parking for 64 bikes for visitors of the Project.
This guest bike parking shall be located on the ground floor of the Project and may be
relocated from time to time as long as the bicycle parking remains on the ground floor. If
short-term bicycle parking cannot be located on the ground floor, it may be located in the
subterranean garage in a convenient location approved by the Planning Director.
12) Secure Bicycle Storage for Employees.
Developer shall provide secure long -term bicycle storage for employees in a secure
convenient location approved by the Planning Director. This shall have a capacity for a
minimum of 5 bicycles. For the purposes of this requirement, secure bicycle parking
shall mean bicycle lockers, an attended cage, or a secure parking area.
13) Secure Bicycle Storage for Residential
Tenants and Residential Owners. Developer shall provide secure long -term bicycle
storage for residential tenants and owners in a secure convenient location approved by the
Planning Director. This shall have a capacity for a minimum of 377 bicycles, which
racks and storage areas shall be for the exclusive use of the residential tenants occupying
the Rental Housing Units and owners and tenants occupying the Condominium Units.
Developer shall provide at least one bicycle storage space for each Rental Housing Unit
and for each Condominium Unit in the Project. The bicycle storage racks and spaces
shall be available to the occupants of the Rental Housing Units even if such occupants do
not lease a parking space pursuant to the unbundled parking element of the TDM Plan set
forth above in Section 2.62(m)(i)(9). Developer shall also provide a "fix -it" station in
the Project that occupants of the Project may use to repair and maintain their bicycles.
14) On -Site Shower and Locker Facilities. A
minimum of two showers and locker facilities (one for each gender) 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.
ii) TDM Measures applicable to the commercial
component only.
1) AVR Requirements. With respect only to
the tenants of the commercial space in the Project (and their respective employees) (the
"Commercial Occupants "), Developer shall use its commercially reasonable efforts to
achieve an average vehicle ridership ( "AVR') for the Commercial Occupants of at least
1.5 (the "AVR Goal ") by the second year after issuance of the Certificate of Occupancy
for the Project. Chapter 9.16 of the Santa Monica Municipal Code shall govern how the
AVR is calculated for the Commercial Occupants. Within six months after the
Certificate of Occupancy is issued for the Project, Developer shall conduct a baseline
survey of the AVR for the Project. Developer shall submit such baseline survey to the
City at the time of submittal of the first annual compliance report for this Agreement,
26
following the issuance of the Certificate of Occupancy, unless an alternative submittal
date is approved by the Planning Director. Thereafter, the City shall monitor the TDM
Plan performance as part of the City's Periodic Review for the Project. If, during any
annual evaluation of the Project's employee trip reduction plan, the AVR Goal has not
been achieved for the Project, then Developer shall propose modifications to the TDM
Plan that Developer considers likely to achieve the AVR Goal by the date of the next
annual evaluation of the Project's employee trip reduction plan. In addition, the City's
Planning Director may recommend feasible modifications to the TDM Plan. Developer's
failure to achieve the AVR Goal shall not constitute a default under this Agreement so
long as Developer is working cooperatively with the City to achieve compliance.
2) Annual AVR Monitoring. Developer shall
conduct a baseline survey of the AVR for the Project, which shall be submitted to the
City at the time of submittal of the first annual compliance report following the issuance
of the Certificate of Occupancy, unless an alternative submittal date is approved by the
Planning Director. Thereafter, the City shall monitor the TDM plan performance as part
of the City's Periodic Review for the Project. If, during any annual evaluation of the
Project's employee trip reduction plan, the proposed AVR is not obtained by the Project,
then Developer shall propose modifications to the TDM program that Developer
considers likely to achieve the proposed AVR by the date of the next annual evaluation of
the Project's employee trip reduction plan. In addition, the City's Planning Director may
recommend feasible modifications to the TDM. Developer's failure to achieve the
applicable AVR standard will not constitute a breach or default under this Agreement and
shall not give rise to the right of the City to terminate this Agreement; provided that
Developer shall work cooperatively with the City to achieve compliance with the
applicable AVR standard. Any of the modifications to the TDM proposed by Developer
(or proposed by the Planning Director and agreed to by the Developer) to help the Project
achieve the applicable AVR standard shall be subject to the reasonable approval by the
City's Planning Director as a Minor Modification. The AVR for the Project shall be
monitored each year during the term of this Agreement.
3) Transit Pass Subsidy for Commercial
Tenants. All commercial tenants of the Project may, at their option, enter into leases with
reduced employee parking spaces. The number of employee parking spaces may be
reduced by as much as fifty percent (50 %) of the code required parking space for the
applicable commercial space; provided that the commercial tenant provides fully
subsidized monthly transit passes to the same percentage of employees as the percentage
by which the parking spaces are reduced, and such passes are provided for the entire lease
period during which reduced parking applies. For example, if the number of employee
parking spaces is reduced by 25 %, then the commercial tenant shall provide fully
subsidized monthly transit passes to 25% of their employees for the entire period.
iii) TDM Measures applicable to the residential
component only.
1) Transit Pass Subsidy for Rental Housing
Units. Developer shall offer, in all lease or rental agreements with residential tenants in
27
the Rental Housing Units, each tenant the option to receive from Developer a 50%
subsidy for purchase of a transit pass in consideration for such tenant relinquishing a
parking space otherwise assigned and designated for his or her residential unit.
Developer shall provide a 50% subsidized transit pass to a tenant for the same period of
time that the tenant relinquishes its parking space in the Project. This requirement shall
also apply to any residential Condominium Units that are leased to third parties by the
Developer prior to initial date of sale except that in the case of tandem parking spaces,
residents shall be required to relinquish both tandem spaces.
2) Transit Pass Subsidy for Residential
Condominiums. Developer shall offer to all purchasers of residential Condominium
Units a free transit pass (e.g. Metro EZ Pass, Big Blue Bus TAP Pass) for the first six
months of their residency.
3) Transit Welcome Package for Residents.
Developer shall provide all new residents of the residential component of the Project site
with a Resident Transit Welcome Package (RTWP) on a per -unit basis. The RTWP at a
minimum will include bus /rail transit route and bicycle facility information.
4) Workforce Housing Preference. In
furtherance of the City's objective to improve the jobs/housing balance and to reduce
total trip generation in the immediate area, the Developer shall implement a local
preference marketing and housing sales program wherein preferential sales and /or leasing
of residential units shall occur. Preference for available units shall be given first to
employees within a reasonable walking distance (one -half mile) of the Project, second to
first responders, such as firefighters, police officers, EMTs, nurses and other hospital
workers, as well as teachers and other community serving employees, and third to
employees that currently work within Santa Monica. A 5% discount off the market
prices of the Condominium Units may be offered to the preference groups identified in
this subsection, at the Developer's sole and absolute discretion.
iv) Changes to TDM Plan. Any of the modifications to
the TDM Plan proposed by Developer (or proposed by the Planning Director and agreed
to by the Developer) to help the Project achieve the Peak Trip targets and AVR Goal
shall be subject to. the reasonable approval by the City's Planning Director as a Minor
Modification.
n) Transfer of Title to the City of the Residual Parcel. Upon
issuance of a building permit for the Project, Developer hereby grants the City or its
designee the exclusive option to take fee title to the Residual Parcel and shall convey to
the City or its designee, for no additional consideration, fee title to the Residual Parcel in
accordance with the requirements of this Section 2.6.2(n).
i) Utility Connection Date. Prior to the issuance of a
building permit for the Project, Developer shall, at its sole cost and expense, commence
the following: (a) construction of any improvements and facilities required to cause ,
electric, water, gas and sewer utility connections for service of a trailer or mobilehome to
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be stubbed to each of the 10 pads on the Residual Parcel, which utility connections shall
be approved by the City's Division of Building and Safety as meeting all applicable code
requirements; and (b) repair, reconstruct, alter or otherwise improve the retained
mobilehome park on the Residual Parcel so that the retained park complies with all
applicable life safety codes and regulations to the satisfaction of the City's Building
Official. The utility connections and life safety improvements described above must be
completed and approved by the City's Division of Building and Safety and the Building
Official before the issuance of a certificate of occupancy for Building C. The date on
which the utility connections are approved by the City's Division of Building and Safety
and the Building Official has certified that the retained trailer park satisfies all applicable
life safety codes and regulations shall be the "Utility Connection Date."
ii) Park Transfer Date. Developer may, at its option
and at any time, deliver written notice (the "Transfer Notice ") of Developer's intention
to convey the Residual Parcel to the City or its designee. The Transfer Notice shall state
the proposed date on which Developer intends to convey the Residual Parcel to the City
or its designee (the "Park Transfer Date "); provided that the Park Transfer Date shall
not be before the latest to occur of the following: (A) 180 days after the date of the
Transfer Notice; (B) 15 full calendar months after the Effective Date of this Agreement;
(C) 90 days after the Utility Connection Date; and (D) compliance with the condition of
title required by Section 2.6.2(n)(ix) below. If the Park Transfer Date has not occurred
within 20 years of the effective date of this Agreement due to Developer's inability to
deliver clear title pursuant to Section 2.6.2(n)(ix) below, then after such date, the
Developer shall convey the Residual Parcel to the City or its designee. -
iii) Designation of Entity to Obtain Fee Title. 60 days
before the Park Transfer Date, the City shall deliver written notice to Developer of the
entity (the "New Park Owner ") that will be the grantee under the grant deed for the
Residual Parcel.
iv) Affordable Housing Deed Restriction. Prior to the
issuance of a certificate of occupancy for Building C, Developer shall execute and record
against the Residual Parcel a deed restriction acceptable to the City restricting the use of
the Residual Parcel to affordable housing effective only after the Residual Parcel ceases
to be operated as a mobilehome park and is developed with a residential project.
V) Grant Deed. Developer shall execute and deliver to
the City for recording a grant deed for the Residual Parcel, with a grantee to be the New
Park Owner.
vi) FIRPTA. Developer shall deliver to the City a
federal "FIRPTA" Affidavit executed by Developer and California's Real Estate
Withholding Exemption Certificate Form 593 C.
vii) Title. Developer shall deliver to the City a title
commitment from a title company reasonably acceptable to the City, showing fee title in
the Residual Parcel to be vested in the New Park Owner, in an amount to be determined
by the City, subject to no exceptions to title except for (ay all exceptions approved in
writing by the City, (b) the title exceptions listed on Exhibit M, (c) tenancies for trailer
pads on the Residual Parcel governed by the California Mobilehome Residency Law,
and (d) any other exceptions to title that are created by Developer after the date of this
Agreement, pursuant to and in accordance with the terms of this Agreement. The New
Park Owner shall pay any title premium that may be required for the title policy.
viii) No Representations. Developer shall make no
representations or warranties regarding the Residual Parcel and the New Park Owner
shall accept title to the Residual Parcel in its then "as -is, where -is" condition.
ix) Condition of Title. Except for tenancies for trailer
pads on the Residual Parcel governed by the California Mobilehome Residency Law and
any contacts approved by the City in writing or constituting a permitted exception to
title, before the Park Transfer Date may occur, there shall not exist any leases, contracts,
judgments, court orders, or rights of occupancy or other agreements or contracts with
respect to the Residual Parcel that would survive the transfer of title to the New Park
Owner.
2.7 Parking. The number of parking spaces provided in the Project shall be
799, including up to forty percent (40 %) compact parking spaces. This Agreement and
the Project Plans set forth the exclusive off - street parking requirements for the Project
and supersede all other minimum space parking requirements under the Existing
Regulations, including without limitation Part 9.04.10.08 of the Zoning Ordinance.
2.8 Design.
a) Setbacks. Developer shall maintain the setbacks, if any, for
the Project as set shown on the Project Plans. In the event that any inconsistencies exist
between the Zoning Ordinance and the setbacks established by this Agreement, then the
setbacks required by this Agreement shall prevail.
b) Building Height. The maximum height of the building
shall be as set forth on the Project Plans. In the event that any inconsistencies exist
between the Zoning Ordinance and the building height allowed by this Agreement, then
the building height allowed by this Agreement shall prevail.
C) Stepbacks. Developer shall maintain the stepbacks, if any,
for the Project as set forth on the Project Plans. In the event that any inconsistencies exist
between the Zoning Ordinance and the stepbacks required by this Agreement, then the
stepbacks established by this Agreement shall prevail.
d) Permitted Projections. Projections shall be permitted as
reflected on the Project Plans. In the event that any inconsistencies exist between the
Zoning Ordinance and the projections permitted by this Agreement, then the projections
permitted by this Agreement shall prevail.
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C) Signage. The location, size, materials, and color of any
signage shall be reviewed by the ARB (or the Planning Commission on appeal) in
accordance with the procedures set forth in Section 6.1 of this Agreement. All signs on
the Project Property shall be subject to Chapter 9.52 of the SMMC (Santa Monica Sign
Code) in effect as of the Effective Date, a copy of which is set forth in its entirety in
Exhibit "H". Directional signs for vehicles shall be located at approaches to driveways as
required by the City's Strategic Transportation Planning Division.
f) Balconies. Balconies shall be provided in accordance with
the Project Plans.
2.9 Tract Map. The Tract Map will create the Project Property (Parcel 1) and
the Residual Parcel (Parcel 2) as two land parcels and two airspace parcels; including one
airspace parcel below grade of Parcel 1 for the subterranean parking garage and one
airspace parcel above grade for Building C, that will allow for the future buildings and a
common area lot which includes surface and subterranean parking, driveways and drive
aisles, landscaping and hardscape and other common improvements as described in
Recital F above. Ground Parcel 2 on the Tract Map will preserve ten (10) existing trailer
park pads on the Residual Parcel. The land area of the Project Property shall be used to
determine compliance with development standards, including, but not limited to Floor
Area Ratio, setbacks, emergency access /egress and yards. The Tract Map will result in
airspace subdivision with required parking, access, emergency egress and utilities to the
proposed buildings and subterranean garage (airspace Lots 2 and 3) being provided
within and across the land of Parcel 1. Consequently, Developer shall record or cause to
be recorded a covenant and reciprocal easement agreement in the form approved by the
City Attorney that will assure that sufficient parking, necessary access and utilities will at
all times be provided for each building on the Property in accordance with this
Development Agreement. Parcel 1, Parcel 2, and airspace Lots 2 and 3 will become
separate legal parcels following recordation of the final Tract Map.
2.10 Parking Easement in Favor of the Residual Parcel. Concurrently with the
recordation of the final Tract Map, Developer shall record a parking easement against so
much of the Property as may be required to grant a perpetual parking easement for 40
parking spaces for the benefit of the Residual Parcel. Such parking easement shall be in a
form determined by Developer and reasonably acceptable to the Director. Such easement
shall provide that 10 parking spaces are required to be made available under the easement
prior to the date the Residual Parcel is developed with a residential project that requires
off-site parking spaces.
2.11 Contract With City. Developer hereby acknowledges that in issuing
approving this Development Agreement for the Project, the City is waiving fees and taxes
and modifying development standards otherwise applicable to the Project such as
increasing unit density, reducing parking standards, and other property development
standards. In exchange for such forms of assistance from the City, which are of financial
benefit to the Developer, Developer has entered into this contract with the City and
agreed to the other conditions of the Development Agreement, including the requirement
included in this Agreement to provide and maintain 16 Affordable Units on the Project
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Property for occupancy by income qualified households. The parties agree and
acknowledge that this is a contract providing forms of assistance to the Developer within
the meaning of Civil Code Section 1954.52 (b) and Government Code Section 65915 et
seq.
ARTICLE 3
CONSTRUCTION
3.1 Construction Mitigation Plan. During the construction phase of the
Project, Developer shall comply with the Construction Mitigation Plan attached as
Exhibit "F' hereto.
3.2 Construction Hours. Developer shall be permitted to perform construction
between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to
5:00 p.m. Saturday; provided that interior construction work which does not generate
noise of more than thirty (30) decibels beyond the Property line may also be performed
between the hours of 7:00 a.m. to 8:00 a.m. and 6:00 p.m. to 7:00 p.m. Monday through
Friday, and 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. Saturday. Notwithstanding
the foregoing, pursuant to SMMC Section 4.12.110(e), Developer has the right to seek a
permit from the City authorizing construction activity during the times otherwise
prohibited by this Section. The Parties acknowledge and agree that, among other things,
afterhours construction permits can be granted for concrete pours.
3.3 Outside Building Permit Issuance Date. If Developer has not been issued
a building permit for the Project by the "Outside Building Permit Issuance Date" (defined
below), then on the day after the Outside Building Permit Issuance Date, without any
further action by either Party, this Agreement shall automatically terminate and be of no
further force or effect. For purposes of clarity, if Developer has not been issued a
building permit for the Project by the Outside Building Permit Issuance Date, the City
shall not be required to pursue its remedies under Section 11.4 of this Agreement, and
this Agreement shall, instead, automatically terminate. "Outside Building Permit
Issuance Date" means the date that is the last day of the forty eighth (48th) full calendar
month after the Effective Date; provided that the Outside Building Permit Issuance Date
may be extended by applicable Excusable Delays and otherwise in accordance with the
remainder of this paragraph. If the approval by the ARB of the Project design does not
occur within four (4) months of the submittal by Developer to the ARB of the Project
design, then the Outside Building Permit Issuance Date shall be extended one month for
each additional month greater than four that the final ARB approval is delayed. At any
time after the last day of the forty second (42 "d) full calendar month after the Effective
Date (the "Extension Notice Date "), Developer may deliver written notice to the
Planning Director, requesting an extension of the Outside Building Permit Issuance Date
for an additional twelve (12) months. The Outside Building Permit Issuance Date maybe
administratively extended not more than one time. The Planning Director may grant such
extension if Developer can demonstrate substantial progress has been made towards
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obtaining a building permit and show reasonable cause why Developer will not be able to
obtain the building permit for the Project by the initial Outside Building Permit Issuance
Date and can demonstrate that: (a) the condition of the Property will not adversely affect
public health or safety and (b) the continued delay will not create any unreasonable visual
or physical detriment to the neighborhood.
3.4 Construction Period. Construction of the Project shall be subject to the
provisions of SMMC Section 8.08.070.
3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or
destroyed during the term of this Agreement, Developer shall be entitled to reconstruct
the Project in accordance with this Agreement if: (a) Developer obtains a building permit
for this reconstruction prior to the expiration of this Agreement and (b) the Project is
found to be consistent with the City's General Plan in effect at the time of obtaining the
building permit.
ARTICLE 4
PROJECT FEES, EXACTIONS, MITIGATION MEASURES
AND CONDITIONS
4.1 Fees, Exactions, Mitigation Measures and Conditions. Except as
expressly set forth in Section 2.6.2 (relating to Community Benefits) above, and in
Section 4.2 (relating to modifications), and Section 5.2 (relating to Subsequent Code
Changes) below, the City shall charge and impose only those fees, exactions, mitigation
measures, conditions, and standards of construction set forth in this Agreement,
including Exhibits "C ", "D" and "I" attached hereto, and no others. If any of the
mitigation measures or conditions set forth on Exhibit "D" is satisfied by others,
Developer shall be deemed to have satisfied such measures or conditions. The City
waives any right it may have to collect any fees or charges pursuant to Government Code
Sections 65863.7 subdivision (g).
4.2 Conditions on Modifications. The City may impose fees, exactions,
mitigation measures and conditions in connection with its approval of Minor or Major
Modifications, provided that all fees, exactions, mitigation measures and conditions shall
be in accordance with any applicable law.
4.3 Implementation of Mitigation Measures and Conditions of Approval.
4.3.1 Compliance with Mitigation Measures and Conditions of
Approval. Developer shall be responsible for implementing the mitigation measures set
forth in Section A of Exhibit "D" attached hereto, and Developer shall be responsible to
adhere to the conditions of approval set forth in Section B of Exhibit "D" in accordance
with the timelines established in Exhibit "D ".
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4.3.2 Survival of Mitigation Measures and Conditions of Approval. If
Developer proceeds with the construction of the Project, except as otherwise expressly
limited in this Agreement, the obligations and requirements imposed by the mitigation
measures and conditions of approval set forth in the attached Exhibit "D" and the tenant
relocation plan set forth in the attached Exhibit "K" shall survive the expiration of the
Term of this Agreement and shall remain binding on Developer, its successors and
assigns, and shall continue in effect for the life of the Project. Notwithstanding the
above, the obligations set forth in Exhibit "K" shall survive the expiration or termination
of this Agreement, even if the Developer does not proceed with construction of the
Project, and shall remain binding on Developer, its successors and assigns.
ARTICLE 5
EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS
5.1 Development Standards for the Property: Existing Regulations. The
following development standards and restrictions set forth in this Section 5.1 govern the
use and development of the Project and shall constitute the Existing Regulations, except
as otherwise expressly required by this Agreement.
5.1.1 Defined Terms. The following terms shall have the meanings set
forth below:
a) "Existing Regulations" collectively means all of the
following which are in force and effect as of the Effective Date: (i) the General Plan
(including, without limitation, the LUCE); (ii) the Zoning Ordinance except as modified
herein; (iii) the IZO; (iv) any and all ordinances, rules, regulations, standards,
specifications and official policies of the City governing, regulating or affecting the
demolition, grading, design, development, building, construction, occupancy or use of
buildings and improvements or any exactions therefore, except as amended by this
Agreement; and (v) the development standards and procedures in ARTICLE 2 of this
Agreement.
b) "Subsequent Code Changes" collectively means 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: (i) any amendments, revisions, additions or deletions to the Existing
Regulations; or (ii) 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.
"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.
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5.1.2 Existing Regulations Govern the Project. Except as provided in
Section 5.2, development of the Buildings and improvements that will comprise the
Project, 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 General Plan, including the
LUCE, as more fully described in the Recitals. Any provisions of the 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. The Project shall be exempt from: (a) all
Discretionary Approvals or review by the City or any agency or body thereof, other than
the matters of architectural review by the ARB as specified in Section 6.1 and review of
modifications to the Project as expressly set forth in Section 2.4.2 and Section 2.4.3
above; (b) the application of any subsequent local development or building moratoria,
development or building rationing systems or other restrictions on development which
would adversely affect the rate, timing, or phasing of construction of the Project, and
(c) Subsequent Code Changes which are inconsistent with this Agreement.
5.2 Permitted Subsequent Code Changes.
5.2.1 Applicable Subsequent Code Changes. Notwithstanding the terms
of Section 5.1, this Agreement shall not prevent the City from applying to the Project the
following Subsequent Code Changes set forth below in this Section 5.2.1.
a) Processing fees and charges imposed by the City to cover
the estimated actual costs to City of processing applications for development approvals
including: (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 Property in effect at the time an application
for a grading permit or building permit is applied for; and (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 any development
approvals, or any environmental impact mitigation measures; 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.
b) 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; provided that
(i) the tax is of general applicability City -wide and does not burden the Property
disproportionately to other similar developments within the City; and (ii) the tax is not a
levy, assessment, fee or tax imposed for the purpose of funding public or private
improvements on other property located within the Mixed -Use Creative District (as
defined in the City's General Plan as of the Effective Date).
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C) Procedural regulations relating to hearing bodies, petitions,
applications, notices, documentation 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 by the City in approving this Agreement or as otherwise established
in this Agreement.
d) 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 otherwise limit or impair the
Project approvals granted in this Agreement unless adopted to meet health and safety
concerns.
e) Any City regulations to which Developer has consented in
writing
f) 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.
g) Regulations which do not impair the rights and approvals
granted to Developer under this Agreement. For the purposes of this Section 5.2.1(g),
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 5.2.1(a), (b), and (d) above), or (ii) which would materially delay development of
the Project or that would cause a material change in the uses of the Project as provided in
this Agreement.
5.2.2 New Rules and Regulations. This Agreement shall not be
construed to prevent the City from applying new rules, regulations and policies in those
circumstances specified in Government Code Section 65866.
5.2.3 State or Federal Laws. In the event that state or federal laws or
regulations, enacted after the Effective Date, 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 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.
5.3 Common Set of Existing Regulations. Prior to the Effective Date, the City
and Developer shall use reasonable efforts to identify, assemble and copy three identical
sets of the Existing Regulations, to be retained by the City and Developer, so that if it
CcL
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.
5.4 Conflicting Enactments. Except as provided in Section 5.2 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 the City to any part of the Property.
Developer may, in its sole discretion, give the 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. If there is any
conflict or inconsistency between the terms and conditions of this Agreement and the
Existing Regulations, the terms and conditions of this Agreement shall control.
5.5 Timing of Development. The California Supreme Court held in Pardee
Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that failure of the parties in
that case 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 expressly acknowledging and
providing that any Subsequent Code Change that purports to limit over time the rate or
timing of development or to alter the sequencing of development phases (whether
adopted or imposed by the City Council or through the initiative or referendum process)
shall not apply to the Property or the Project and shall not prevail over this Agreement.
In particular, but without limiting any of the foregoing, no numerical restriction shall be
placed by the City on the amount of total square feet or the number of buildings,
structures, residential units that can be built each year on the Property except as expressly
provided in this Agreement.
5.6 Process for Closure of Village Trailer Park. Developer shall complete all
of the steps set forth below in this Section 5.6 prior to closing the mobilehome park now
located at the Project Property. Developer shall comply with the Tenant Relocation Plan
set forth on Exhibit "K '. Notwithstanding anything in this Section 5.6 to the contrary, in
the event this Development Agreement is rendered ineffective or invalidated by court
order as a result of a legal challenge or for other valid reason, Developer does not waive
or relinquish any rights it may have under the Closure Notice that Developer delivered
prior to the execution of the MOU.
5.6.1 Developer may not give the six months' written notice of
termination of tenancy required by Civil Code Section 798.56(g)(2) and Section 5.6.2
below until the effective date of the Removal Permit issued by the Santa Monica Rent
Control Board for the Project Property.
5.6.2 After the effective date of the Removal Permit issued by the Santa
Monica Rent Control Board for the Project Property, any steps taken by Developer to
terminate the tenancy of occupants of the Property shall comply with the applicable
sections of the Mobilehome Residency Law, including the six months' written notice
requirement of Civil Code Section 798.56(g)(2), which permits a change of use in
connection with applicable local government permits.
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5.6.3 Developer may not close portions of the mobilehome park now
located at the Project Property earlier than six (6) months after the date of the notice
issued under Section 5.6.2 above.
5.6.4 Developer shall implement the Tenant Relocation Plan set forth on
Exhibit "K" for all VTP residents of the portions of the mobilehome park now located on
the Project Property.
5.6.5 Nothing in this Agreement shall be construed as a legal
requirement imposed by the City pursuant to its police power to terminate existing
tenancies at the Village Trailer Park.
5.7 Operation of the Existing Mobilehome Park Prior to Closure. Developer
acknowledges and agrees that, until the date that Developer has closed that portion of the
mobilehome park now located on the Project Property, Developer is required to continue
to operate the existing mobilehome park in compliance with all applicable laws, codes,
ordinances, and regulations.
ARTICLE 6
ARCHITECTURAL REVIEW BOARD
6.1 Architectural Review Board Approval. The Project shall be subject to
review and approval or conditional approval by the ARB in accordance with design
review procedures in effect under the Existing Regulations. Consistent with Existing
Regulations, the ARB cannot require modifications to the building design which negates
the fundamental development standards established by this Agreement. For example, the
ARB cannot require reduction in the overall height of the buildings, reduction in the
number of stories in the buildings, reduction in density, or reduction in floor area greater
than two percent (2.0 %) from each building. Decisions of the ARB are appealable to the
Planning Commission in accordance with the Existing Regulations.
ARTICLE 7
CITY TECHNICAL PERMITS
7.1 Definitions. For purposes of this Agreement, the following terms shall
have the meanings set forth below:
7.1.1 "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 for the actual construction of the Project or
any portion thereof in accordance with the Project Site Plan and this Agreement.
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Technical City Permits include, without limitation (a) building permits, (b) related
mechanical; electrical, plumbing and other technical permits, (c) demolition, excavation
and grading permits, (d) encroachment permits, and (e) temporary and final certificates of
occupancy.
7.1.2 "Technical Permit Applications" means any applications
required to be filed by Developer for any Technical City Permits.
7.2 Diligent Action by City.
7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, 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.
7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the
City shall diligently issue the Technical City Permits which are the subject of the
Technical Permit Applications.
7.3 Conditions for Diligent Action by the City.
7.3.1 Acceptance and Processing of Technical Permit Applications. The
obligation of the City to accept and diligently process the Technical Permit Applications
which are filed by Developer, and then issue the Technical City Permits, is subject to the
satisfaction of the following conditions:
a) 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;
b) Developer shall have paid all processing and permit fees
established by the City in connection with the filing and processing of any Technical
Permit Application which are in effect on the date when the Technical Permit Application
is filed; provided that such fees are uniformly in force and effect throughout the City; and
c) If required for the particular Technical Permit Application,
Developer shall have obtained the approval of the ARB referred to in Section 6.1 above.
7.3.2 Issuance of a Technical City Permit. The obligation of the City to
issue a Technical City Permit which is the subject of a Technical Permit Application filed
by Developer is subject to the satisfaction of the following conditions (and only such
conditions and no others):
a) 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 Buildings;
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b) 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 Buildings;
c) The proposed Buildings conform to the development
standards for such Buildings established in this Agreement. In the event that a proposed
Building is not in conformance with the development standards, Developer shall have the
right to seek any relief from such standards under the procedures then available in the
City; and
d) The proposed Buildings conform to the Administrative and
Technical Construction Codes of the City (Article VIII, Chapter 1 of the Santa Monica
Municipal Code) (the "Technical Codes ") in effect on the date that the Technical Permit
Application is filed.
7.3.3 New Technical Requirements. From time to time, the City's
Technical Codes are amended to meet new technical requirements related to techniques
of building and construction. If the sole means of achieving compliance for the Project
with such revisions to the Technical Codes made after the Effective Date ( "New
Technical Requirements ") would require an increase from the allowable Building
Height established in this Agreement for the Project, then the Planning Director is hereby
authorized to grant Developer limited relief from the allowable Building Height without
amending this Agreement if the requested relief is in compliance with the City's General
Plan. Any such approval 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.
7.4 Duration of Technical City Permits. The duration of Technical City
Permits issued by the City, and any extensions of the time period during which such
Technical City Permits remain valid, shall be established in accordance with the
Technical Codes in effect at the time that the Technical City Permits are issued. Subject
to the terms of the next sentence, the lapse or expiration of a Technical City Permit shall
not preclude or impair Developer from subsequently filing another Technical Permit
Application for the same matter during the Term of this Agreement, which shall be
processed by the City in accordance with the provisions of this ARTICLE 7.
Notwithstanding anything to the contrary in this Agreement, if Developer obtains
building permits for the Project and, at any time after the Outside Construction Start
Date, such building permits expire or are revoked pursuant to the applicable terms of the
SMMC (as the same may be amended from time to time), then Developer may not
subsequently apply for new building permits for the Project without first obtaining the
prior written consent of the Planning Director, which may be granted or withheld in the
Planning Director's sole discretion.
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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 SMMC 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 date upon which the ordinance approving
this Agreement becomes effective (the "Effective Date "). The Parties shall execute this
Agreement within ten (10) working days of the Effective Date.
9.2 Term.
9.2.1 Term of Agreement. The term of this Agreement shall commence
on the Effective Date and shall continue for ten (10) years thereafter (the "Term "), unless
the Term is otherwise terminated pursuant to Section 11.4, after the satisfaction of all
applicable public hearing and related procedural requirements or pursuant to Section 3.3.
9.2.2 Termination Certificate. Upon termination of this Agreement, the
Parties hereto shall execute an appropriate certificate of termination in recordable form (a
"Termination Certificate "), which shall be recorded in the official records of Los
Angeles County.
9.2.3 Effect of Termination. Except as expressly provided herein (e.g.,
Section 4.3.2), none of the parties' respective rights and obligations under this Agreement
shall survive the Term.
ARTICLE 10
PERIODIC REVIEW OF COMPLIANCE
10.1 City Review. The City shall review compliance with this Development
Agreement once each year, on or before each anniversary of the Effective Date (each, a
"Periodic Review "), 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. .
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10.2 Evidence of Good Faith Compliance. At least sixty (60) days prior to the
applicable anniversary date, Developer shall deliver to the City a written report
demonstrating that Developer has been in good faith compliance with this Agreement
during the twelve (12) month period prior to the anniversary of the Effective Date. The
written report shall be provided in the form established by the City. For purposes of this
Agreement, the phrase "good faith compliance" shall mean the following: (a) compliance
by Developer with the requirements of the Existing Regulations, except as otherwise
modified by this Agreement; and (b) compliance by Developer with the terms and
conditions of this Agreement, subject to the existence of any specified Excusable Delays
(as defined in Section 15.8 below) which prevented or delayed the timely performance by
Developer of any of its obligations under this Agreement.
10.3 Information to be Provided to Developer. Prior to any public hearing
concerning the Periodic Review of this Agreement, 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. If the City delivers to Developer a Notice of Breach pursuant to
Section 11.1 below, the City shall concurrently deliver to Developer a copy of all staff
reports prepared in connection with such Notice of Breach, all written comments from the
public and all related exhibits concerning such Notice of Breach.
10.4 Notice of Breach; Cure Rights. If during any Periodic Review, 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 Breach pursuant to Section 11.1 below,
and Developer shall have the opportunity to cure the default identified in the Notice of
Breach during the cure periods and in the manner provided by Section 11.2 and
Section 11.3, as applicable.
10.5 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 Parry as a breach by any other Party of this Agreement.
10.6 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.
10.7 City Cost Recovery. Following completion of each Periodic Review,
Developer shall reimburse the City for its actual and reasonable costs incurred in
connection with such review.
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ARTICLE I I
DEFAULT
11.1 Notice and Cure.
11.1.1 Breach. If either Party fails to substantially to perform any term,
covenant or condition of this Agreement which is required on its part to be performed (a
"Breach "), 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
Breach (a "Notice of Breach "), in the manner required by Section 15. 1, specifying the
precise nature of the alleged Breach (including references to pertinent Sections of this
Agreement and the Existing Regulations or Subsequent Code Changes alleged to have
been breached), and the manner in which the alleged Breach may satisfactorily be cured.
If the City alleges a Breach by Developer, the City shall also deliver a copy of the Notice
of Breach to any Secured Lender of Developer which has delivered a Request for Notice
to the City in accordance with ARTICLE 12.
11.1.2 Monetary Breach. In the case of a monetary Breach by Developer,
Developer shall promptly commence to cure the identified Breach and shall complete the
cure of such Breach within thirty (30) business days after receipt by Developer of the
Notice of Breach; provided that if such monetary Breach is the result of an Excusable
Delay or the cure of the same is delayed as a result of an Excusable Delay, Developer
shall deliver to the City reasonable evidence of the Excusable Delay.
11. 1.3 Non - Monetary Breach. In the case of a non - monetary Breach by
either Party, the alleged defaulting Party shall promptly commence to cure the identified
Breach and shall diligently prosecute such cure to completion; provided that the
defaulting Party shall complete such cure within thirty (30) days after receipt of the
Notice of Breach or provide evidence of Excusable Delay that prevents or delays the
completion of such cure. The thirty (30) day cure period for a non - monetary Breach shall
be extended as is reasonably necessary to remedy such Breach; provided that the alleged
defaulting Party commences such cure promptly after receiving the Notice of Breach and
continuously and diligently pursues such remedy at all times until such Breach is cured.
11. 1.4 Excusable Delay. Notwithstanding anything to the contrary
contained in this Agreement, the City's exercise of any of its rights or remedies under this
Article 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8
below.
11.2 Remedies for Monetary Default. If there is a Breach by Developer in the
performance of any of its monetary obligations under this Agreement which remains
uncured (a) thirty (30) business days after receipt by Developer of a Notice of Breach
from the City and (b) after expiration of Secured Lender's Cure Period under
Section 12.1 (if a Secured Lender of Developer has delivered a Request for Notice to the
City in accordance with Section 12.1), then an "Event of Monetary Default" shall have
occurred by Developer and the City shall have available any right or remedy provided in
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this Agreement, 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.
11.3 Remedies for Non - Monetary Default.
11.3.1 Remedies of Parties. If any Party receives a Notice of Breach from
the other Party regarding a non - monetary Breach, and the non - monetary Breach remains
uncured: (a) after expiration of all applicable notice and cure periods, and (b) in the case
of a Breach by Developer, after the expiration of Secured Lender's Cure Period under
Section 12.1 (if a Secured Lender of Developer has delivered a Request for Notice to the
City in accordance with Section 12.1), then an "Event of Non - Monetary Default" shall
have occurred and the non - defaulting Party shall have available any right or remedy
provided in this Agreement, or provided at law or 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.
11.3.2 Specific Performance. 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 the non - defaulting party if the other Party causes an Event of Non-Monetary
Default to occur.
11.3.3 Writ of Mandate. 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 Event of Non - Monetary Default by the City of its obligations and duties under this
Agreement. Nothing in this Section 11.3.3, however, is intended to alter the evidentiary
standard or the standard of review applicable to any action of or approval by, the City
pursuant to this Agreement or with respect to the Project.
11.3.4 No Damages Relief Against City. It is acknowledged by
Developer 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 and court costs, the City
shall not be liable in damages to Developer and Developer covenants on behalf of itself
and its successors in interest not to sue for or claim any damages:
a) for any default under this Agreement;
b) for the regulatory taking, impairment or restriction of any
right or interest conveyed or provided hereunder or pursuant hereto; or
C) arising out of or connected with any dispute, controversy or
issue regarding the application or interpretation or effect of the provisions of this
Agreement.
The City and Developer agree that the provisions of this Section 11.3.4 do not apply for
damages which:
(a) do not arise under this Agreement;
(b) are not with respect to any right or interest conveyed or
provided under this Agreement or pursuant to this Agreement; or
(c) do not arise out of or which are not connected to any
dispute, controversy, or issue regarding the application, interpretation, or effect of the
provisions of this Agreement or the application of any City rules, regulations, or official
policies.
11.3.5 Enforcement by the City. The City, at its discretion, shall be
entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the SMMC as the
same may be amended from time to time and shall follow the notice procedures of
Chapter 1.09 and 1.10 respectively in lieu of Section 11.1 of this Agreement if these
remedies are applied.
11.3.6 No Damages Against Developer. It is acknowledged by the City
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 attorneys' fees and court costs, Developer shall not be liable in
damages to the City for any nonmonetary default and the City covenants on behalf of
itself not to sue for or claim any damages:
(a) for any non- monetary default hereunder or;
(b) arising out of or connected with any dispute, controversy or
issue regarding;
(c) the application or interpretation or effect of the provisions
of this Agreement.
The City and Developer agree that the provisions of this Section 11.3.6 do not apply for
damages which:
(a) are for a monetary default; or
(b) 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 to or the application of, any City rules, regulations, or
official policies.
11.3.7 No Other Limitations. Except as expressly set forth in this
Section 11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights,
remedies, or causes of action that either the City or Developer may have at law or equity
after the occurrence of any Event of Non - Monetary Default.
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11.4 Modification or Termination of Agreement by
11.4.1 Default by Developer. If Developer causes either an Event of
Monetary Default or an Event of Non-Monetary Default, then the City may commence
proceedings to modify or terminate this Agreement pursuant to this Section 11.4.
11.4.2 Procedure for Modification or Termination. The procedures for
modification or termination of this Agreement by the City for the grounds set forth in
Section 11.4.1 are as follows:
a) The City shall provide a written notice to Developer (and to
any Secured Lender of Developer which has delivered a Request for Notice to the City in
accordance of Section 12.1) of its intention to modify or terminate this Agreement unless
Developer (or the Secured Lender) cures or corrects the acts or omissions that constitute
the basis of such determinations by the City (a "Hearing Notice "). The Hearing Notice
shall be delivered by the City to Developer in accordance with Section 15.1 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 modification or termination of this Agreement.-
The public hearing shall not be held earlier than: (i) thirty -one (3 1) days after delivery of
the Hearing Notice to Developer or (ii) if a Secured Lender has delivered a Request for
Notice in accordance with Section 12.1, the day following the expiration of the "Secured
Lender Cure Period" (as defined in Section 12.1).
b) If, following the conclusion of the public hearing, the City
Council: (i) determines that an Event of Non - Monetary Default has occurred or the
Developer 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 Secured
Lender, if applicable) has not cured (within the applicable cure periods) 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 Secured Lender) 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, then upon making such conclusions, the City
Council may modify or terminate this Agreement. The City cannot unilaterally modify
the provisions of this Agreement pursuant to this Section 11.4. Any such modification
requires the written consent of Developer. If the City Council does not terminate this
Agreement, but proposes a modification to this Agreement as a result of the public
hearing and Developer does not (within five (5) days of receipt) execute and deliver to
the City the form of modification of this Agreement submitted to Developer by the City,
then the City Council may elect to terminate this Agreement at any time after the sixth
day after Developer's receipt of such proposed modification.
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11.5 Cessation of Rights and Obligations. If this Agreement is terminated by
the City pursuant to and in accordance with Section 11.4, the rights, duties and
obligations of the Parties under this Agreement shall cease as of the date of such
termination, except only for those rights and obligations that expressly survive the
termination of this Agreement. In such event, any and all benefits, including money
received by the City prior to the date of termination, shall be retained by the City.
11.6 Completion of Improvements. Notwithstanding the provisions of
Sections 11.2, 11.3, 11.4, and 11.5, 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 in accordance with the terms of the
building permit and occupy or use each such Building upon completion for the uses
permitted for that Building as provided in this Agreement. Any Building completed or
occupied pursuant to this Section 11.6 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.
ARTICLE 12
MORTGAGEES
12.1 Encumbrances on the Property. This Agreement shall not prevent or limit
Developer (in its sole discretion), from encumbering the Property (in any manner) or any
portion thereof or any improvement thereon by any mortgage, deed of trust, assignment
of rents or other security device securing financing with respect to the Property
(a "Mortgage "). Each mortgagee of a mortgage or a beneficiary of a deed of trust (each,
a "Secured Lender ") on the Property shall be entitled to the rights and privileges set
forth in this ARTICLE 12. Any Secured Lender may require from the City certain
interpretations of this Agreement. The City shall from time to time, upon request made
by Developer, meet with Developer and representatives of each of its Secured Lenders to
negotiate in good faith any Secured Lender's request for interpretation of any part of this
Agreement. The City will not unreasonably withhold, condition or delay, the delivery to
a Secured Lender of the City's written response to any such requested interpretation.
12. 1.1 Mortgage Not Rendered Invalid. Except as provided in
Section 12.1.2, neither entering into this Agreement nor a Breach of this Agreement, nor
any Event of Monetary Default nor any Event of Non - Monetary Default shall defeat,
render invalid, diminish, or impair the lien of any Mortgage made in good faith and for
value.
12.1.2 Priority of Agreement. This Agreement shall be superior and
senior to the lien of any Mortgage. Any acquisition or acceptance of title or any right or
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interest in or with respect to the Property or any portion thereof by a Secured Lender or
its successor in interest (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.
12.1.3 Right of Secured Lender to Cure Default.
a) A Secured Lender may give notice to the City, specifying
the name and address of such Secured Lender and attaching thereto a true and complete
copy of the Mortgage held by such Secured Lender, specifying the portion of the
Property that is encumbered by the Secured Lender's lien (a "Request for Notice "). If
the Request for Notice has been given, at the same time the City sends to Developer any
Notice of Breach or Hearing Notice under this Agreement, then if such Notice of Breach
or Hearing Notice affects the portion of the Property encumbered by the Secured
Lender's lien, the City shall send to such Secured Lender a copy of each such Notice of
Breach and each such Hearing Notice from the City to Developer. The copy of the
Notice of Breach or the Hearing Notice sent to the Secured Lender pursuant to this
Section 12.1.3(a) shall be addressed to such Secured Lender at its address last furnished
to the City. The period within which a Secured Lender may cure a particular Event of
Monetary Default or Event of Non - Monetary Default shall not commence until the City
has sent to the Secured Lender such copy of the applicable Notice of Breach or Hearing
Notice.
b) After a Secured Lender has received a copy of such Notice
of Default or Hearing Notice, such Secured Lender shall thereafter have a period of time
(in addition to any notice and/or cure period afforded to Developer under this Agreement)
equal to: (a) ten (10) business days in the case of any Event of Monetary Default and
(b) thirty (30) days in the case of any Event of Non - Monetary Default, during which
period the Secured Lender may provide a remedy or cure of the applicable Event of
Monetary Default or may provide a remedy or cure of the applicable Event of Non -
Monetary Default; provided that if the cure of the Event of Non - Monetary Default cannot
reasonably be completed within thirty days, Secured Lender may, within such 30 -day
period, commence to cure the same and thereafter diligently prosecute such cure to
completion (a "Secured Lender's Cure Period "). If Developer has caused an Event of
Monetary Default or an Event of Non - Monetary Default, then each Secured Lender shall
have the right to remedy such Event of Monetary Default or an Event of Non - Monetary
Default, as applicable, or to cause the same to be remedied prior to the conclusion of the
Secured Lender's Cure Period and otherwise as herein provided. The City shall accept
performance by any Secured Lender of any covenant, condition, or agreement on
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 Secured Lender to cure any
Event of Monetary Default or an Event of Non-Monetary Default by Developer which
reasonably requires that said Secured Lender be in possession of the Property to do so,
shall be deemed extended to include the period of time reasonably required by said
Secured Lender to obtain such possession (by foreclosure, the appointment of a receiver
C;
or otherwise) promptly and with due diligence; provided 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.
12.1.4 Secured Lender Not Obligated Under this Agreement.
a) No Secured Lender 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
Secured Lender takes possession or becomes the owner of the estate covered by its
Mortgage. If the Secured Lender takes possession or becomes the owner of any portion
of the Property, then from and after that date, the Secured Lender shall be obligated to
comply with all provisions of this Agreement; provided that the Secured Lender shall not
be responsible to the City for any unpaid monetary obligations of Developer that accrued
prior to the date the Secured Lender became the fee owner of the Property.
b) Nothing in Section 12.1.4(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 Secured Lender as well as against Developer if any curable
Event of Monetary Default or an Event of Non - Monetary Default is not completely cured
within the Secured Lender's Cure Period.
ARTICLE 13
TRANSFERS AND ASSIGNMENTS
13.1 Transfers and Assignments.
13. 1.1 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 transferred Property or
transferred portions, as applicable.
13.1.2 Transfer Rights. Developer may freely sell, transfer, exchange,
hypothecate, encumber or otherwise dispose of its interest in the Property, without the
consent of the City. Developer shall, however, give written notice to the City, in
accordance with Section 15. 1, of any transfer of the Property, disclosing in such notice
(a) the identity of the transferee of the Property (the "Property Transferee ") and (b) the
address of the Property Transferee as applicable.
13.2 Release Upon Transfer. Upon the sale, transfer, exchange or
hypothecation of the rights and interests of Developer to the Property, Developer shall be
released from its obligations under this Agreement to the extent of such sale, transfer or
exchange with respect to the Property if : (a) Developer has provided written notice of
such transfer to City; and (b) the Property Transferee executes and delivers to City a
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written agreement in which the Property Transferee expressly and unconditionally
assumes all of the obligations of Developer under this Agreement with respect to the
Property in the form of Exhibit "J" attached hereto (the "Assumption Agreement ").
Upon such transfer of the Property and the express assumption of Developer's obligations
under this Agreement by the transferee, 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 that the transferor shall not be released from its obligations
hereunder unless and until the executed Assumption Agreement is delivered to the City.
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 as "City Indemnified
Parties ") 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: (1) 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 as the "Developer Parties ") which occurs during the Term and relates to this
Agreement; (2) for any act or omission related to the operations of Developer Parties,
including but not limited to the maintenance and operation of areas on the Property
accessible to the public. Developer's obligation to defend, indemnify and hold harmless
applies to all actions and omissions of Developer Parties 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 misconduct of any
City Indemnified Parties. This Section 14.1 applies to all Damages suffered or alleged to
have been suffered by the City Indemnified Parties 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, conditioned or delayed. If any conflict of interest results during
the mutual representation of the City and Developer in defense of any such action, or if
the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall
have the right (a) at Developer's costs and expense, to have the City Attorney undertake
and continue the City's defense, or (b) with Developer's approval, which shall not be
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reasonably withheld or delayed, to select separate outside legal counsel to undertake and
continue the City's defense.
ARTICLE 15
GENERAL PROVISIONS
15.1 Notices. Formal notices, demands and communications between the
Parties shall be deemed sufficiently given if delivered to the principal offices of the City
or Developer, as applicable, by (i) personal service, or (ii) express mail, Federal Express,
or other similar overnight mail or courier service, regularly providing proof of delivery,
or (iii) registered or certified mail, postage prepaid, return receipt requested, or
(iv) facsimile (provided that any notice delivered by facsimile is followed by a separate
notice sent within twenty -four (24) hours after the transmission by facsimile delivered in
one of the other manners specified above). Such notice shall be addressed as follows:
To City:
City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager
Fax: (310) 917 -6640
With a Copy to:
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attn: Planning and Community Development Director
Fax: (310) 458 -3380
To Developer:
The Luzzatto Company, Inc.
3110 Main Street, Suite 200
Santa Monica, CA 90405
Attn: Marc Luzzatto
Fax: (310) 829 -7151
Notice given in any other manner shall be effective when received by the addressee. Any
Party may change the addresses for delivery of notices to such Party by delivering notice
to the other Party in accordance with this provision.
15.2 Entire Agreement; Conflicts. This Agreement represents the entire
agreement of the Parties. 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
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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 the Existing
Regulations, then the provisions of this Agreement shall prevail. Should any of the
Conditions of Approval set forth in Section B of Exhibit "D" attached hereto conflict
with any of the Mitigation Measures set forth in Section A of Exhibit "D" attached
hereto, the more stringent or exacting requirement shall control.
15.3 Binding Effect. The Parties intend 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.
15.4 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.
15.5 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.
15.6 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
(each, an "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 Breach or claimed Breach in the performance
of its obligations under this Agreement, and, if so, describing the nature and amount of
any such Breach or claimed Breach, 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 an Event of Monetary Default or an
Event of Non - Monetary Default and, if so, specifying each such event. A Party receiving
a request for an Estoppel Certificate shall execute and return such Certificate within thirty
(30) days following the receipt of the request therefor. 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 "FAILURE TO EXECUTE THE
REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE
DEEMED WAIVER PURSUANT TO SECTIONS 15.6 AND 15.13 OF THE
DEVELOPMENT AGREEMENT" and which sets forth the business necessity for a
timely response to the estoppel request. If the Party receiving the second request fails to
52
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 Agreement. The City
acknowledges that an Estoppel Certificate may be relied upon by any Property
Transferee, Secured Lender or other party.
15.7 Time. Time is of the essence for each provision of this Agreement of
which time is an element.
15.8 Excusable Delays.
15.8.1 In addition to any specific provisions of this Agreement, non-
performance by Developer of its obligations under this Agreement shall be excused when
it has been prevented or delayed in such performance by reason of any act, event or .
condition beyond the reasonable control of Developer (collectively, "Excusable Delays ")
for any of the following reasons:
a) War, insurrection, walk -outs, riots, acts of terrorism,
floods, earthquakes, fires, casualties, acts of God, or similar grounds for excused
performances;
b) Governmental restrictions or moratoria imposed by the City
or by other governmental entities or the enactment of conflicting State or Federal laws or
regulations;
C) 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 Party arising out of this Agreement or
any permit or approval Developer deems necessary or desirable for the implementation of
the Project;
d) The institution of a referendum pursuant to 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;
e) Inability to secure necessary labor, materials or tools, due
to strikes, lockouts, or similar labor disputes; and
I) Failure of the City to timely perform its obligations
hereunder, including its obligations under Section 7.2 above
15.8.2 Under no circumstances shall the inability of Developer to secure
financing be an Excusable Delay to the obligations of Developer.
53
15.8.3 In order for an extension of time to be granted for any Excusable
Delay, Developer must deliver to the City written notice of the commencement of the
Excusable Delay within sixty (60) days after the date on which Developer becomes aware
of the existence of the Excusable Delay. The extension of time for an Excusable Delay
shall be for the actual period of the delay.
15.8.4 Nothing contained in this Section 15.8 is intended to modify the
terms of either Section 5.1.2 or Section 5.5 of this Agreement.
15.9 Governing Law. This Agreement shall be governed exclusively by the
provisions hereof and by the laws of the State of California.
15.10 Cooperation in Event of Legal Challenge to Agreement. If there is any
court action or other proceeding commenced that includes any challenge to the validity,
enforceability or any term or provision of this Agreement, then Developer shall
indemnify, hold harmless, pay all costs actually incurred, and provide defense in said
action or proceeding, with counsel reasonably satisfactory to both the City and
Developer. The City shall cooperate with Developer in any such defense as Developer
may reasonably request.
15.11 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 of this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees 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 shall be entitled to 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.
15.12 Recordation. The Parties shall cause this Agreement to be recorded
against title to the Property in the Official Records of the County of Los Angeles. The
cost, if any, of recording this Agreement shall be borne by Developer.
15.13 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 15.13. 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
54
deemed a waiver of any succeeding breach or nonperformance of the same or other
covenants and conditions hereof of this Agreement.
15.14 Construction of this Agreement. 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.
15.15 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 Property. The City shall reasonably cooperate with Developer in its
endeavors to obtain such permits and approvals.
15.15.1 Further Assurances; Covenant to Sign 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, which may be necessary or
proper to achieve the purposes and objectives of this Agreement.
15.15.2 Processing. Upon satisfactory completion 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, and expeditiously act upon any
approvals and permits necessary for the development by Developer of the Project in
accordance with this Agreement, including, but not limited to, the following:
a) the processing of applications for and issuing of all
Discretionary Approvals requiring the exercise of judgment and deliberation by City;
b) the holding of any required public hearings; and
C) the processing of applications for and issuing of all City
Technical Permits requiring the determination of conformance with the Existing
Regulations.
15.15.3 No Revocation. The City shall not revoke or subsequently
disapprove any approval or future approval for the development of the Project or the
Property 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.
15.15.4 Processing During Third Party Litigation. If any third party
lawsuit is filed against the City or Developer relating to this Agreement or to other
development issues affecting the Property, the City shall not delay or stop the
development, processing or construction of the Property, or issuance of the City
Technical Permits, unless the third party obtains a court order preventing the activity.
The City shall not stipulate to or fail to oppose the issuance of any such order.
55
Notwithstanding the foregoing and without prejudice to the provisions of
Section 15.8.1c), after service on the City or Developer of the initial petition or complaint
challenging this Agreement or the Project, the Developer may apply to the Planning
Director for a tolling of the applicable deadlines for Developer to otherwise comply with
this Agreement. Within 40 days after receiving such an application, the Planning
Director shall either toll the time period (for up to five years) during the pendency of the
litigation or deny the requested tolling.
15.15.5 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,
(i) exercise its discretion in such a way as to be consistent with, and carry out the terms
of, this Agreement and (ii) take such other actions as may be necessary to cant' out in
good faith the terms of this Agreement.
15.16 Venue. Any legal action or proceeding among the Parties 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 in the Central District of California.
15.17 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:
Exhibit "A"
Legal Description of the Property
Exhibit "B"
Project Plans
Exhibit "C"
Permitted Fees and Exactions
Exhibit "D"
Mitigation Measures and Conditions of Approval
Exhibit "E"
SMMC Article 9 (Planning and Zoning)
Exhibit "F -1"
Local Hiring Program for Construction
Exhibit "F -2"
Local Hiring Program for Permanent Employment
Exhibit "G -1"
Pennsylvania Avenue Extension Easement Area
Exhibit "G -2"
New Road Easement Area
Exhibit "G -3"
Public Use Areas
Exhibit "H"
Santa Monica Sign Code
Exhibit "F'
Construction Mitigation Plan
Exhibit "J"
Assignment and Assumption Agreement
Exhibit "K"
VTP Resident Relocation Program
Exhibit "L"
Tract Map
Exhibit "M"
Exceptions to Title to Residual Parcel
56
Except as to the Project Plans (attached hereto as Exhibit "B ") which shall be
treated in accordance with Section 2.1 above, the text of this Agreement shall prevail in
the event that any inconsistencies exist between the Exhibits and the text of this
Agreement.
15.18 Counterpart Si nag tures. The Parties may execute this Agreement on
separate signature pages which, when attached hereto, shall constitute one complete
Agreement.
15.19 Certificate of Performance. Upon the completion of the Project, or any
phase thereof, or upon performance of this Agreement or its earlier revocation and
termination, the City shall provide Developer, upon Developer's request, with a statement
( "Certificate of Performance ") evidencing said completion, termination or revocation
and the release of Developer from further obligations hereunder, except for any further
obligations which survive such completion, termination or revocation. The Certificate of
Performance shall be signed by the appropriate agents of Developer and the City and
shall be recorded against title to the Property in the official records of Los Angeles
County, California. Such Certificate of Performance is not a notice of completion as
referred to in California Civil Code Section 3093.
15.20 Interests of Developer. Developer represents to the City that, as of the
Effective Date, it is the owner of the entire Property, subject to encumbrances, easements,
covenants, conditions, restrictions, and other matters of record.
15.21 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 time to time, during the term 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 mere ministerial
clarifications, therefore public notices and hearings shall not be required for any
operating memorandum. The City Attorney shall be authorized, upon consultation with,
and approval of, Developer, to determine whether a requested clarification may be
effectuated pursuant to the execution and delivery of an operating memorandum or
whether the requested clarification is of such character to constitute an amendment of this
Agreement 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 action by the City Council.
57
15.22 Acknowledgments, Agreements and Assurance on the Part of Developer.
15.22.1 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 the Project on the community and the
Property, and further acknowledges that the consideration is necessary to mitigate the
direct and indirect impacts caused by Developer on the Property.
15.22.2 Obligations to be Non - Recourse. As a material element of
this Agreement, and in partial consideration for Developer's execution of this Agreement,
the Parties each understand and agree that the City's remedies for breach of the
obligations of Developer under this Agreement shall be limited as described in
Sections 11.2 through 11.4 above.
15.23 Not a Public Dedication. Except for the dedications to be made by
Developer pursuant to Section 2.6, nothing in this Agreement 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, it being the
intention and understanding of the Parties that this Agreement be strictly limited to and
for the purposes herein expressed for the development of the Project as private property.
Developer shall have the right to prevent or prohibit the use of the Property, or the
Project, or any portion thereof, including common areas and buildings and improvements
located thereon, by any person for any purpose inimical to the development of the
Project, including without limitation to prevent any person or entity from obtaining or
accruing any prescriptive or other right to use the Property or the Project. Any portion of
the Property to be conveyed to the City by Developer as provided in this Agreement,
shall be held and used by the City only for the purposes contemplated herein or otherwise
provided in such conveyance, and the City shall not take or permit to be taken (if within
the power or authority of the City) any action or activity with respect to such portion of
the Property that would deprive Developer of the material benefits of this Agreement or
would materially and unreasonably interfere with the development of the Project as
contemplated by this Agreement.
15.24 Other Agreements. The City acknowledges that certain additional
agreements may be necessary to effectuate the intent of this Agreement and facilitate
development of the Project. The City Manager or his /her designee is hereby authorized
to prepare, execute, and record those additional agreements.
15.25 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
58
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.
{signatures on nextpage}
59
This Agreement is executed by the Parties on the date first set forth above and is
made effective on and as of the Effective Date.
DEVELOPER:
VILLAGE TRAILER PARK, LLC,
• California limited liability company
• Tenant in Common as to a 50% interest
By:
Name:
Title:
VILLAGE TRAILER PARK,
• California corporation
• Tenant in Common as to a 50% interest
By:
Name:
Title:
CITY:
CITY OF SANTA MONICA,
a municipal corporation
By: _
Name
Title:
ATTEST:
By:
Name:
City Cleric
APPROVED AS TO FORM:
BY:
Name:
City Attorney
Signature page 1
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the County of Los Angeles, State of California,
described as follows:
PARCEL 1:
THE SOUTHEASTERLY HALF OF THAT PORTION OF LOT 5 IN BLOCK 200 OF
THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 39 PAGES 45 ET SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 5; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT, A
DISTANCE OF 200 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID
LOT, A DISTANCE OF 137.50 FEET; THENCE SOUTHEASTERLY PARALLEL
WITH THE SAID NORTHEASTERLY LINE THEREOF, A DISTANCE OF 355
FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF THE
SOUTHEASTERLY 85 FEET OF SAID LOT; THENCE NORTHEASTERLY ALONG
SAID LAST MENTIONED NORTHWESTERLY LINE, A DISTANCE OF 137.50
FEET, MORE OR LESS, TO THE SAID NORTHEASTERLY LINE OF SAID LOT;
THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE, A
DISTANCE OF 355 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE NORTHEASTERLY 25 FEET THEREOF, AS
DESCRIBED IN THE DEED TO THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATION, RECORDED AUGUST 11, 1955 AS INSTRUMENT NO. 414,
OFFICIAL RECORDS.
PARCEL 2:
THOSE PORTIONS OF LOTS 4 AND 5, IN BLOCK 200, OF THE TOWN OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 39 PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE
SOUTHWESTERLY 120.00 FEET OF SAID LOT 4 WITH THE NORTHWESTERLY
LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID
NORTHWESTERLY LINE 110.40 FEET; THENCE SOUTHEASTERLY, AT RIGHT
Exhibit A Page 1
ANGLES TO SAID NORTHWESTERLY LINE, 120.00 FEET; THENCE
NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERLY LINE, 79.88
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY 519.85
FEET, MORE OR LESS, IN A DIRECT LINE TO A POINT IN THE
SOUTHEASTERLY LINE OF SAID LOT 4 DISTANT SOUTHWESTERLY ALONG
SAID SOUTHEASTERLY LINE 28.77 FEET FROM THE MOST EASTERLY
CORNER OF SAID LOT 4; THENCE NORTHEASTERLY, ALONG THE
SOUTHEASTERLY LINES OF SAID LOTS 4 AND 5, A DISTANCE OF 232.46
FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 137.50 FEET OF SAID LOT 5; THENCE NORTHWESTERLY
ALONG SAID SOUTHWESTERLY LINE 640.00 FEET, MORE OR LESS, TO THE
NORTHWESTERLY LINE OF SAID LOT 5; THENCE SOUTHWESTERLY, ALONG
THE NORTHWESTERLY LINES OF SAID LOTS 4 AND 5; A DISTANCE OF 232.32
FEET, MORE OR LESS, TO A LINE THAT IS DRAWN AT RIGHT ANGLES TO
THE NORTHWESTERLY LINE OF SAID LOT 4 AND THAT PASSES THROUGH
THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID
LINE SO DRAWN, 120.00 FEET TO THE TRUE POINT OF BEGINNING.
Exhibit A Page 2
EXHIBIT `B"
PROJECT PLANS
On file with City of Santa Monica
Exhibit Page I
EXHIBIT "C"
PERMITTED FEES AND EXACTIONS
1. Developer shall pay the following fees and charges that are within the City's
jurisdiction and at the rate in effect at the time payments are made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer
shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the
following City fees and all other standard fees imposed on similar
development projects:
• Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping,
Excavation and Shoring Permit fees (collected by Building & Safety)
• Shoring Tieback fee (collected by EPWM)
• Park and Recreation Facilities Tax (SMMC Section 6.80). WAIVED.
• Condominium Tax (SMMC Section 6.76.010). WAIVED.
• Construction and Demolition (C &D) Waste Management fee (SMMC
Section 7.60.020) (collected by EPWM) (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)
• Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall
execute a contract to pay the fee prior to issuance of a building permit;
provided that Developer shall not be obligated to pay the Childcare
Linkage Fee to the City, rather, the payment by Developer of the
contribution in Section 2.6.21) of this Agreement shall constitute the
Developer's full satisfaction of this fee payment obligation.
• Cultural Arts Fee reduced to $100,000 (SMMC Section 9.04.10.20).
Developer shall execute a contract to pay the fee prior to issuance of a
building permit. Developer shall pay the fee prior to the issuance of a
final certificate of occupancy for the Project.
Exhibit C Page 1
(d) Upon inspection of the Project during the course of construction, City
inspection fees.
These fees shall be reimbursed to Developer in accordance with the City's
standard practice should Developer not proceed with development of the Project.
2. 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)
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.
4. Developer shall reimburse the City for its ongoing actual costs to monitor the
project's compliance with this Development Agreement. The City shall bill
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.
Exhibit C Page 2
EXHIBIT "D"
MITIGATION MEASURES
AND CONDITIONS OF APPROVAL
Exhibit Page 1
SECTION A - MITIGATION MEASURES
BR1 Prior to removal, trees on the project site will be inspected for bird nests
by a qualified biologist. Inspection of the trees shall occur prior to the typical
breeding /nesting season (March 1't through August 30th). If nesting is observed,
the biologist shall recommend a buffer area with a specified radius to be
established, within which no disturbance or intrusion shall be allowed until the
young had fledged and left the nest or it is determined by the monitoring biologist
that the nest has failed. If no nesting is observe, trees to be removed from within
the project site shall be netted to prevent birds from inhabiting the trees prior to
removal and construction.
2. CONI The construction contractor shall utilize super- compliant architectural
coatings as defined by the SCAQMD (VOC standard of less than ten grams per
liter )
3. CON2 Water or a stabilizing agent shall be applied to exposed surfaces at least
two times per day to prevent generation of dust plumes.
4. CON3 The construction contractor shall utilize at least one of the following
measures at each vehicle egress from the project site to a paved public road:
• Install a pad consisting of washed gravel maintained in clean condition to a
depth of at least six inches and extending at least 30 feet wide and at least 50
feet long;
• Pave the surface extending at least 100 feet and at least 20 feet wide;
• Utilize a wheel shaker /wheel spreading device consisting of raised dividers at
least 24 feet long and 10 feet wide to remove bulk material from tires and
vehicle undercarriages; or
• Install a wheel washing system to remove bulk material from tires and vehicle
undercarriages.
CON4 All haul trucks hauling soil, sand, and other loose materials shall be
covered (e.g., with tarps or other enclosures that would reduce fugitive dust
emissions).
6. CON5 Construction activity on unpaved surfaces shall be suspended when wind
speed exceed 25 miles per hour (such as instantaneous gusts).
7. CON6 Ground cover in disturbed areas shall be replaced as quickly as possible.
Otherwise, non -toxic chemical soil stabilizers shall be applied according to
manufacturer specifications, to all inactive portions of the construction site
(previously graded areas inactive for four days or more).
Exhibit D Page 2
8. CON7 Heavy -duty equipment operations shall be suspended during first and
second stage smog alerts.
9. CON8 All construction equipment shall be equipped with mufflers and other
suitable noise attenuation devices.
10. CON9 Grading and construction contractors shall use quieter equipment as
opposed to noisier equipment (such as rubber -tired equipment rather than metal -
tracked equipment).
11. CON10 The construction contractor shall use on -site electrical sources to power
equipment rather than diesel generators when electricity is readily available.
12. CON 11 Construction haul truck and materials delivery traffic shall avoided
residential areas whenever feasible
13. CON 12 Construction noise levels shall not exceed the City of Santa Monica's
noise standards except for between the hours of 10:00 a.m, and 3:00 p.m.,
Monday through Friday, in accordance with Section 4.12.110(d) of the Santa
Monica Municipal Code
14. CON 13 In accordance with Santa Monica Municipal Code Section 4.12.120, the
project applicant shall be required io post a sign informing all workers and
subcontractors of the time restrictions for construction activities. The sign shall
also include the City telephone numbers where violations can be reported and
complaints associated with construction noise can be submitted
15. CON 14 The applicant shall prepare, implement, and maintain a Construction
Impact Mitigation Plan which shall be designed to:
• Prevent material traffic impacts on the surrounding roadway network;
• Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable;
• Ensure safety for both those constructing the project and the surrounding
community; and
• Prevent substantial truck traffic through residential neighborhoods.
• The Construction Impact Mitigation Plan shall be subject to review and
approval by the following City departments: Environmental and Public Works
Management (EPWM); Fire; Planning and Community Development; and
Police to ensure that the Plan has been designed in accordance with this
mitigation measure. This review shall occur prior to commencement of any
construction staging for the project. It shall, at a minimum, include the
following:
Exhibit D Page 3
Ongoing Requirements Throughout the Duration of Construction
A detailed traffic control plan for work zones shall be maintained which
includes at a minimum accurate existing and proposed: parking and travel lane
configurations; warning, regulatory, guide and directional signage; and area
sidewalks, bicycle lanes and parking lanes. The plan shall include specific
information regarding the project's construction activities that may disrupt
normal pedestrian and traffic flow and the measures to address these
disruptions. Such plans must be reviewed and approved by the Transportation
Management Division prior to commencement of construction and
implemented in accordance with this approval.
• Work within the public right -of -way shall be performed between 9:00 a.m.
and 4:00 p.m., including: dirt and demolition material hauling and
construction material delivery. Work within the public right -of -way outside
of these hours shall only be allowed after the issuance of an After Hours
Permit.
• Streets and equipment shall be cleaned in accordance with established EPWM
requirements.
• Trucks shall only travel on a City- approved construction route. Truck
queuing /staging shall not be allowed on Santa Monica streets. Limited
queuing may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be on -site, with a minimum amount of materials
within a work area in the public right -of -way, subject to a current Use of
Public Property Permit.
• Any requests for work before or after normal construction hours within the
public right -of -way shall be subject to review and approval through the After
Hours Permit process administered by the Building and Safety Division.
• 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.
Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction
Exhibit D Page 4
• Advise the traveling public of impending construction activities (e.g.
information signs, portable message signs, media listing /notification,
implementation of an approved traffic control plan).
• Approval from the City through issuance of a Use of Public Property Permit,
Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any
Caltrans Permits required, for any construction work requiring encroachment
into public rights -of -way, detours or any other work within the public right -of-
way.
• Timely notification of construction schedules to all affected agencies (e.g.,
Big Blue Bus, Police Department, Fire Department, Environmental and Public
Works Management Department, and Planning and Community Development
Department) and to all owners and residential and commercial tenants of
property within a radius of 500 feet.
• Coordination of construction work with affected agencies in advance of start
of work. Approvals may take up to two weeks per each submittal.
• Approval by the Transportation Management Division of any haul routes
involving earth, concrete or construction materials, and equipment hauling
16. GS1 At the time of final building plan check, a site- specific Geotechnical Report
shall be submitted to the City of Santa Monica Building and Safety Division for
review and approval. The Geotechnical Report shall be prepared in accordance
with the City's Guidelines for Geotechnical Reports and at a minimum shall
address: seismic hazards (fault management zone; groundshaking; liquefaction;
subsidence, etc); hydrocollapse potential; and expansive soils. Information
obtained from the Geotechnical Report shall be incorporated into the design and
construction of the proposed project. The recommendations provided in the
Geotechnical Report as well as Santa Monica Building Code requirements
regarding foundation design, retaining wall design, excavations and shoring shall
be fully implemented.
17. GS2 Construction and excavation activities shall adhere to the Best Management
Practices (BMPs) set forth by the City of Santa Monica Urban Runoff Pollution
Ordinance (Chapter 7.10 of the Santa Monica Municipal Code). Such BMPs
include using plastic coverings to prevent erosion of any unprotected area, such as
mounds of dirt or durnpsters, along with devices designed to intercept and safely
divert runoffs.
18. GS3 All grading activities shall be scheduled for completion before the start of
the rainy season (between November and April) to the extent feasible. If grading
events do occur during the raining season, a rain event action plan shall be
prepared and designed to protect all exposed portions of the site within 48 hours
of any likely precipitation event forecast of 50 percent or greater probability
Exhibit D Page 5
19. GS4 An erosion control plan that identifies BMPs shall be implemented to the
satisfaction of the City of Santa Monica Building and Safety Department to
minimize potential erosion during construction. The erosion control plan shall be
a condition prior to issuance of any grading permit.
20. GS5 Provisions shall be made for adequate surface drainage away from the areas
of excavation as well as protection of excavated areas from flooding. The grading
contractor shall control surface water runoff and the transport of silt and sediment.
21. HMI Prior to issuance of a demolition permit, for the permanent structures on the
project site a Licensed Asbestos Inspector shall be retained to determine the
presence of asbestos and asbestos containing materials (ACM) within structures to
be demolished that are present on the project site. If asbestos is discovered, a
Licensed Asbestos Abatement Contractor shall be retained to safely remove all
asbestos from the development site.
22. HM2 Prior to issuance of a demolition permit, lead -based paint testing shall be
conducted for existing structures and trailers to be demolished. All materials
identified as containing lead shall be removed by a licensed lead -based
paint/materials abatement contractor.
23. HM3 An operations and maintenance program shall be implemented in order to
safely manage the suspect ACMs and LBP located at the project site.
24. HWI If temporary and /or permanent dewatering on the project site is required,
the Applicant shall obtain a dewatering permit from the City of Santa Monica
Water Resources Protection Program prior to the issuance of a grading permit.
Soil and groundwater testing to a minimum depth of 50 feet shall be conducted to
the satisfaction of the Water Resources Protection Program staff. If contaminated
groundwater is discovered on -site, treatment and discharge of the contaminated
groundwater shall be conducted in compliance with applicable regulatory
requirements including the Los Angeles Regional Water Quality Control Board
standards.
25. TI 23rd Street /Ocean Park Boulevard. Add an exclusive right -turn lane on the
eastbound approach of Ocean Park Boulevard. The mitigation measure was
proposed due to the heavy existing eastbound through movement volumes. The
proposed mitigation would require shifting the existing eastbound through lane
approach approximately two feet to the north to provide room for a functional
right -turn lane. The proposed mitigation would require implementation of peak
period parking restrictions for the first 75 feet of parking (approximately three
parking spaces) closest to the intersection (eastbound on Ocean Park Boulevard,
west of 23rd Street) so vehicles can make eastbound right -turns onto 23`d Street
fiom Ocean Park Boulevard during the peak periods or when there is available
space outside of peak periods. The proposed mitigation measure would require
Exhibit D Page 6
some restriping and peak period parking restriction signage at the eastbound
approach of this intersection.
26. T2 Cloverfield Boulevard /Santa Monica Boulevard. The left -turn phasing for
the westbound leg of the Cloverfield Boulevard /Santa Monica Boulevard
intersection shall be modified from a protected phase to a permitted- protected
phase to decrease delay at the worst approach of the intersection to address the
AM peak hour impact. The City shall monitor the operation of this intersection
and adjust the signal timing and phasing as appropriate. Implementation of this
mitigation measure would necessitate the provision of a combination of new
signage, controller cabinets, poles, mast arms, detectors, and /or signal heads.
Furthermore, this mitigation measure will provide the City greater flexibility in
adjusting traffic signal operations to address peak hour congestion issues.
27. T3 Stewart Street /Olympic Boulevard. The traffic signal at the Stewart
Street/Olympic Boulevard intersection shall be modified to provide protected -
permitted left -turn phasing for northbound and eastbound approaches to decrease
delay at the worst approaches of the intersection to address the impact. The City
shall monitor the operation of this intersection and adjust the signal timing and
phasing as appropriate. Implementation of this mitigation measure would
necessitate the provision of a combination of new signage, controller cabinets,
poles, mast arms, detectors, and /or signal heads. Furthermore, this mitigation
measure will provide the City greater flexibility in adjusting traffic signal
operations to address peak hour congestion issues.
28. T4 Centinela Avenue /I -10 Westbound Ramps. The traffic signal at the
Centinela Avenue /I -10 Westbound Ramps intersection shall be modified to
provide protected - permitted left -turn phasing for northbound approach to decrease
delay at the worst approach of the intersection to address. The City shall monitor
the operation of this intersection and adjust the signal timing and phasing as
appropriate. The implementation of the permitted - protected left -turn phasing
would necessitate the provision of some combination of new signage, controller
cabinets, poles, mast arms, detectors, and/or signal heads. Furthermore, this
mitigation measure will provide the City greater flexibility in adjusting traffic
signal operations to address peak hour congestion issues. Since this intersection
is shared by the City of Santa Monica and City of Los Angeles, this mitigation
measure must be approved by LADOT. The applicant shall use its good faith
reasonable efforts to obtain such approval from the City of Los Angeles. If timely
approved by the City of Los Angeles, such improvements shall be completed
prior to issuance of a certificate of occupancy for the project
29. T5 26th Street & Wilshire Boulevard. Convert the protected permitted phasing
for the eastbound and westbound left turn movements to pennitted phasing. The
City shall monitor the operation of this intersection and adjust the signal timing
and phasing as appropriate. This mitigation measure would require temporary
signage during a period of adjustment for motorists and the provision of some
Exhibit D Page 7
combination of new signage, controller cabinets, poles, mast arms, detectors,
and /or signal heads. Furthermore, this mitigation measure will provide the City
greater flexibility in adjusting traffic signal operations to address peak hour
congestion issues
30. T6 Barrington Avenue /Olympic Boulevard. Convert the eastbound left -turn
phasing from permitted to protected permitted. The City shall monitor the
operation of this intersection and adjust the signal timing and phasing as
appropriate. The implementation of the protected - permitted left -turn phasing
would necessitate the provision of some combination of new signage, controller
cabinets, poles, mast arms, detectors and /or signal heads. Furthermore this
mitigation measure will provide the City greater flexibility in adjusting traffic
signal operations to address peak hour congestion issues. The applicant shall use
its good faith reasonable efforts to obtain such approval from the City of Los
Angeles. If timely approved by the City of Los Angeles, such improvements shall
be completed prior to issuance of a certificate of occupancy for the project.
31. CUL -1 If archaeological materials are discovered during project grading and
excavation activities, all work within a 100 -meter radius shall be temporarily
ceased. The materials shall be treated in accordance with Federal, State, and local
guidelines, including those set forth in California Public Resources Code
Section 21083.2. In addition, if it is determined that an archaeological site is a
historical resource, the provisions of Section 21084.1 of the Public Resources
Code and CEQA Guidelines Section 15064.5 would be implemented.
32. CUL -2 If paleontological materials are discovered during project grading and
excavation activities, all work within a 100 -meter radius shall be temporarily
ceased. A qualified paleontologist shall be secured by contacting the Los Angeles
County Natural History Museum to assess the resources and evaluate the impact.
The qualified paleontologist shall prepare a report of the findings and a copy of
the report shall be submitted to the Los Angeles County Natural History Museum.
33. Mitigation Monitoring and Reporting Program. 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 project made in conjunction with project approval and any conditions of
approval, including 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
Exhibit D Page 8
approval in a written report submitted to the Planning Director and Building
Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as
applicable, provide periodic reports regarding compliance with such conditions.
SECTION B - CONDITIONS OF APPROVAL
Project Specific Conditions
1. The project shall provide the Significant Project Features and LUCE Community
Benefits as established in Section 2.6 of this Agreement.
2. The Architectural Review Board shall pay particular attention to the following design
elements of the project:
• The interior elevations of Buildings A and B to ensure that the pedestrian
pathway remains inviting and is designed at a human - scale.
• The use of ground floor commercial space to ensure that it promotes a
pedestrian oriented design consistent with the strategies for creating the
Bergamot Transit Village.
• The ground floor residential units throughout the project to ensure that they
are designed in a pedestrian - oriented manner consistent with the strategies for
creating the Bergamot Transit Village.
• The east elevation of Building B to ensure that there are sufficient building
stepbacks and building articulation.
• The scale and amount of applied building colour and materials to reduce the
appearance of repetitive elevations and horizontal masses such as the east
elevation of Building B.
• The scale of the buildings adjacent to Pennsylvania Avenue to ensure a
human -scale environment.
• Openness of the south lobby of Building B to reinforce the sense of an open
connection between the Building B residential courtyard and Pennsylvania
Avenue.
• Treatments for the long interior hallway of Building Bin order to introduce
natural light
• Ensure pedestrian orientation and clear access despite the change in grade
between the Colorado- facing retail space on the east side of Building B and
the sidewalk and the change in grade on the walkway on the east side of
Building B between Pennsylvania Avenue and the sidewalk on Colorado
Avenue.
Exhibit]) Page 9
Ensure that the residential courtyards function as usable open space that is
sufficient in bringing in light with use of landscaping and materials to activate
the area.
• The materials and form of Building B to ensure that it is represented as an
individual building from Building A and does not overwhelm Building A.
• Ensure that the Residual Parcel is incorporated into the landscape design for
the Project through the use of landscaping to transition between the Residual
Parcel and the Project Property.
Developer shall execute a deed restriction with the City for 16 of the Rental Housing
Units to be restricted as 7 Extremely Low Income Units and 9 Very Low Income
Units, to be recorded before the issuance of a Certificate of Occupancy for the
Project.
4. No Certificate of Occupancy may be issued for Buildings A or B until Building C is
issued a Certificate of Occupancy.
5. Until the Park Transfer Date, Developer shall continue to operate the retained
mobilehome park on the Residual Parcel consistent with the requirements of state
law. In the event this condition is invalidated by a court of competent jurisdiction, the
Park Transfer Date shall be advanced to the date of final judgment, and Developer
shall transfer fee title to the Residual Parcel to the City or its designee pursuant to
Section 2.6.2(n), regardless of whether Developer can satisfy the requirements of
Section 2.6.2(n)(ii) and regardless of Developer's ability to deliver title to the residual
Parcel in accordance with the requirements of Section 2.6.2(n)(ix).
6. No building permit, grading permit, or excavation permit may be approved or issued
unless and until the Developer has demonstrated to the satisfaction of the City
Attorney's Office that Developer has obtained possession of all of the real property
required for the development of the Project Property.
7. Prior to issuance of a building permit, grading permit, or excavation permit for the
Project, Developer shall provide to the City a title policy showing that Developer
owns fee title to the entire Project Property.
Administrative Conditions
8. In the event permittee violates or fails to comply with any conditions of approval of
this permit, no further permits, licenses, approvals or certificates of occupancy shall
be issued until such violation has been fully remedied.
Conformance with Approved Plans
9. This approval is for those plans dated November 7, 2012, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall be
Exhibit D Page 10
consistent with such plans, except as otherwise specified in these conditions of
approval.
10. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to review as
provided in the Development Agreement. Construction shall be in conformance with
the plans submitted or as modified in accordance with the Development Agreement.
11. Except as otherwise provided by the Development Agreement, project plans shall be
subject to complete Code Compliance review when the building plans are submitted
for plan check and shall comply with all applicable provisions of Article IX of the
Municipal Code and all other pertinent ordinances and General Plan policies of the
City of Santa Monica prior to building permit issuance.
Fees
12. No building permit shall be issued for the project until the developer complies with
the requirements of Part 9.04.10.20 of the Santa Monica Municipal Code, Private
Developer Cultural Arts Requirement. If the developer elects to comply with these
requirements by providing on -site public art work or cultural facilities, no final City
approval shall be granted until such time as the Director of the Community and
Cultural Services Department issues a notice of compliance in accordance with
Part 9.04.10.20.
13. No building permit shall be issued for the project until the developer complies with
the requirements of Chapter 9.72 of the Santa Monica Municipal Code, the Child
Care Linkage Program.
Cultural Resources
14. Except as otherwise provided by the Development Agreement, no demolition of
buildings or structure built 40 years of age or older shall be permitted until the end of
a 60 -day review period by the Landmarks Commission to determine whether an
application for landmark designation shall be filed. If an application for landmark
designation is filed, no demolition shall be approved until a final determination is
made by the Landmarks Commission on the application.
15. If any archaeological remains are uncovered during excavation or construction, work
in the affected area shall be suspended and a recognized specialist shall be contacted
to conduct a survey of the affected area at project's owner's expense. A determination
shall then be made by the Director of Planning to determine the significance of the
survey findings and appropriate actions and requirements, if any, to address such
findings.
Exhibit D Page 11
Project Operations
16. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking or
other actions.
17. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
Final Design
18. Plans for final design, landscaping, screening, trash enclosures, and signage shall be
subject to review and approval by the Architectural Review Board.
19. 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.
20. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130, 140, and 150. Refuse areas shall be
of a size adequate to meet on -site need, including recycling. The Architectural
Review Board in its review shall pay particular attention to the screening of such
areas and equipment. Any rooftop mechanical equipment shall be minimized in
height and area, and shall be located in such a way as to minimize noise and visual
impacts to surrounding properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall be located at least five feet from
the edge of the roof. Except for solar hot water heaters, no residential water heaters
shall be located on the roof.
21. No gas or electric meters shall be located within the required front or street side yard
setback areas. The Architectural Review Board in its review shall pay particular
attention to the location and screening of such meters.
22. 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 Architectural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback impacts of any ramps or other
features necessitated by accessibility requirements.
23. As appropriate, the Architectural Review Board shall require the use of anti - graffiti
materials on surfaces likely to attract graffiti.
Construction Plan Requirements
24. Final building plans submitted for approval 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.
Exhibit D Page 12
Demolition Requirements
25. Until such time as the demolition is undertaken, and unless the structure is currently
in use, the existing structure shall be maintained and secured by boarding up all
openings, erecting a security fence, and removing all debris, bushes and planting that
inhibit the easy surveillance of the property to the satisfaction of the Building and
Safety Officer and the Fire Department. Any landscaping material remaining shall be
watered and maintained until demolition occurs.
26. Prior to issuance of demolition permit, applicant shall prepare for Building Division
approval a rodent and pest control plan to insure that demolition and construction
activities at the site do not create pest control impacts on the project neighborhood.
Construction Period
27. Any construction related activity in the public right -of -way will be required to acquire
the approvals by the City of Santa Monica, including but not limited to: Use of Public
Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street
Closure Permits, and Temporary Traffic Control Plans.
28. Immediately 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.
29. 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 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.
30. During demolition, excavation, and construction, this project shall comply with
SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission,
including but not limited to the following:
31. All material excavated or graded shall be sufficiently watered to prevent excessive
amounts of dust. Watering shall occur at least three times daily with complete
coverage, preferably at the start of the day, in the late morning, and after work is done
for the day.
32. All grading, earth moving, or excavation activities shall cease during periods of high
winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to
prevent excessive amounts of dust.
33. Soils stockpiles shall be covered.
34. Onsite vehicle speeds shall be limited to 15 mph.
Exhibit Page 13
35. Wheel washers shall be installed where vehicles enter and exit the construction site
onto paved roads or wash off trucks and any equipment leaving the site each trip.
36. An appointed construction relations officer shall act as a community liaison
concerning onsite construction activity including resolution of issues related to PM10
generation.
37. Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street
sweepers or roadway washing trucks if visible soil is carried onto adjacent public
paved roads (recommend water sweepers with reclaimed water).
38. All active portions the construction site shall be sufficiently watered three times a day
to prevent excessive amounts of dust.
39. 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 Hall as well as
the developer who will respond to complaints related to the proposed construction.
The notice shall be mailed to property owners and residents of the neighborhood
within 1000' of the Project at least five (5) days prior to the start of construction.
40. 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
and/or applicant for the purposes of responding to questions and complaints during
the construction period. Said sign shall also indicate the hours of permissible
construction work.
41. 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.
42. No construction - related vehicles may be parked on the street at any time or on the
subject site during periods of peak parking demand. All construction- related vehicles
must be parked for storage purposes at on offsite location on a private lot for the
duration of demolition and construction. The offsite location shall be approved as part
of the Department of Environmental and Public Works review of the construction
period mitigation plan and by the Department of City Planning if a Temporary Use
Permit is required.
43. Construction period signage shall be subject to the approval of the Architectural
Review Board.
Standard Conditions
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 a sound -rated parapet enclosure.
Exhibit D Page 14
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.
46. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
Condition Monitoring
47. The applicant authorizes reasonable City inspections of the property to ensure
compliance with the conditions of approval imposed by the City in approving this
project and will bear the reasonable cost of these inspections.
STRATEGIC AND TRANSPORTATION PLANNING
48. Consistent with the requirements of the Development Agreement, Final auto parking,
bicycle parking, and loading layouts and specification shall be subject to the review
and approval of the Strategic and Transportation Planning Division:
http: / /www. smgov. net/upl oadedFiles/ Departments /Transportation/Transportation_Ma
nagement/ParkingStandards.pdf
49. Consistent with the requirements of the Development Agreement, Where a driveway,
garage, parking space or loading zone intersects with the public right -of -way at the
alley or sidewalk, hazardous visual obstruction triangles shall be provided in
accordance with SMMC Section 9.04.10.02.090. Please reference the following
standards:
http:/ /www.smgov.net/uploadedFiles/ Departments /Transportation /Transpol tation_Ma
nagement/HVO.pdf
50. Consistent with the requirements of the Development Agreement, Slopes of all
driveways and ramps used for ingress or egress of parking facilities shall be designed
in accordance with the standards established by the Strategic and Transportation
Planning Manager but shall not exceed a twenty percent slope. Please reference the
following standards:
http: / /www. smgov.net /uplo adedF ile s/ Departments /Transportation/Transpoitation_Ma
nagement/Ramp S lope.pdf
Exhibit D Page 15
PUBLIC LANDSCAPE
51. Street trees shall be maintained, relocated or provided as required in a manner
consistent with the City's Urban Forest Master Plan, per the specifications of the
Public Landscape Division of the Community & Cultural Services Department and
the City's Tree Code (SMMC Chapter 7.40). No street trees shall be removed without
the approval of the Public Landscape Division.
52. Prior to the issuance of a demolition permit all street trees that are adjacent to or will
be impacted by the demolition or construction access shall have tree protection zones
established in accordance with the Urban Forest Master Plan. All tree protection
zones shall remain in place until demolition and /or construction has been completed.
OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT
53. Developer shall enroll the property in the Savings By Design incentive program
where available through Southern California Edison prior to submittal of plans for
Architectural Review. Developer shall execute an incentive agreement with
Southern California Edison prior to the issuance of a building permit.
54. The project shall comply with requirements in section 8.106 of the Santa Monica
Municipal code, which adopts by reference the California Green Building
Standards Code and which adds local amendments to that Code. In addition, the
project shall meet the landscape water conservation and construction and
demolition waste diversion requirements specified in Section 8.108 of the Santa
Monica Municipal Code.
RENT CONTROL
55. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary
to demolish, convert, or otherwise remove a controlled rental unit(s) from the
housing market, the owner of the property shall first secure a removal permit
under Section 1803(t), an exemption determination, an approval of a vested rights
claim from the Rent Control board, or have withdrawn the controlled rental
unit(s) pursuant to the provisions of the Ellis Act.
HOUSING AND ECONOMIC DEVELOPME NT
56. To ensure AHPP compliance, a monitoring fee will be applied to each affordable
unit produced. A separate fee has been established for a new unit start -up,
subsequent re- occupancy /resale and an annual monitoring fee.
The Administrative Guidelines for the AHPP (fee structures, costs, and
affordability limits) are updated annually and available on the Santa Monica
House and Economic Development website.
Exhibit D Page 16
PUBLIC WORKS
General Conditions
57. Developer shall be responsible for the payment of the following Public Works
Department (PWD) permit fees prior to issuance of a building permit:
a. Water Services
b. Wastewater Capital Facility
C. Water Demand Mitigation
d. Fire Service Connection
e. Tieback Encroachment
f. Encroachment of on -site improvements into public right -of -way
g. Construction and Demolition Waste Management — If the valuation of a
project is at least $50,000 or if the total square feet of the project is equal to or
greater than 1000 square feet, then the owner or contractor is required to
complete and submit a Waste Management Plan. All demolition projects are
required to submit a Waste Management Plan. A performance deposit is
collected for all Waste Management Plans equal to 3% of the project value,
not to exceed $30,000. All demolition only permits require a $1,000 deposit
or $1.00 per square foot, whichever is the greater of the two.
Some of these fees shall be reimbursed to developer in accordance with the City's
standard practice should Developer not proceed with development of the Project. In
order to receive a refund of the Construction and Demolition performance deposit, the
owner or contractor must provide receipts of recycling 70% of all materials listed on
the Waste Management Plan.
58. Any work or use of the public right -of -way including any proposed encroachments of
on -site improvements into the public right -of -way will require a permit from the
Public Works Department (PWD) - Administrative Services Division.
59. Plans and specifications for all offsite 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.
60. Immediately 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.
61. 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.
62. 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
Exhibit D Page 17
the Office of Sustainability and Environment Division. The report shall consist of a
hazardous materials survey for the structure proposed for demolition. The report
shall include a section on asbestos and in accordance with the South Coast AQMD
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.
Water Resources
63. Connections to the sewer or storm drains require a sewer permit from the PWD -
Civil Engineering Division. Connections to storm drains owned by Los Angeles
County require a permit from the L.A. County Department of Public Works.
64. 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 storm drain or sewer system. Pretreatment will require that a clarifier or
oil /water separator be installed and maintained on site.
65. 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
refer to: http: / /www.waterboards.ca.gov /losangeles/ and search for Order # 84 -2003-
0111.
66. Prior to the issuance of the first building permit, the applicant shall submit a sewer
study that shows that the City's sewer system can accommodate the entire
development. Developer shall be responsible to upgrade any downstream
deficiencies, to the satisfaction of the Water Resources Manager, if calculations show
that the project will cause such mains to receive greater demand than can be
accommodated. Improvement plans shall be submitted to the Engineering Division.
All reports and plans shall also be approved by the Water Resources Engineer.
67. Prior to the issuance of the first building permit, the applicant shall submit a water
study that shows that the City's water system can accommodate the entire
development for fire flows and all potable needs. Developer shall be responsible to
upgrade any water flow /pressure deficiencies, to the satisfaction of the Water
Resources Manager, if calculations show that the project will cause such mains to
receive greater demand than can be accommodated. Improvement plans shall be
submitted to the Engineering Division. All reports and plans shall also be approved
by the Water Resources Engineer.
68. Prior to the issuance of the first building permit, the applicant shall submit a
hydrology study of all drainage to and from the site to demonstrate adequacy of the
existing storm drain system for the entire development. Developer shall be
ExbibitD Page 18
responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if
calculations show that the project will cause such facilities to receive greater demand
than can be accommodated. All reports and improvement plans shall be submitted to
Engineering Division for review and approval. The study shall be performed by a
Registered Civil Engineer licensed in the State of California.
69. All existing sanitary sewer "house connections" to be abandoned, shall be removed
and capped at the "Y" connections.
70. The fire services and domestic services 3- inches or greater must be above ground, on
the applicant's site, readily accessible for testing. Commercial or residential units are
required to either have an individual water meter or a master meter with sub - meters.
71. Developer is required to meet state cross- connection and potable water sanitation
guidelines. Refer to requirements and comply with the cross - connections guidelines
available at: http:// www.lapublichealth.org /eh/progs /envirp /eheross.htm. Prior to
issuance of a Certificate of Occupancy, a cross - connection inspection shall be
completed.
72. All new restaurants and cooking facilities at the site are required to install Gravity
Grease Interceptors to pretreat wastewater containing grease. The minimum capacity
of the interceptor shall be determined by using table 10 -3 of the 2007 Uniform
Plumbing Code, Section 1014.3. All units shall be fitted with a standard final -stage
sample box. The 2007 Uniform Plumbing Code guideline in sizing Gravity Grease
Interceptors is intended as a minimum requirement and may be increased at the
discretion of PWD, Water Resources Protection Program.
73. Plumbing fixtures that meet the standards for 20% water use reduction specified in
the California Green Building Standards Code are required on all new development
and remodeling where plumbing is to be added.
Urban Water Runoff Mitigation
74. To mitigate storm water and surface runoff from the project site, an Urban Runoff
Mitigation Plan shall be required by the PWD pursuant to Municipal Code
Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board
approval, the applicant shall contact PWD to determine applicable requirements, such
as:
• The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution
Ordinance for the construction phase and post construction activities;
Non - stormwater runoff, sediment and construction waste from the
construction site and parking areas is prohibited from leaving the site;
Any sediments or materials which are tracked off -site must be removed the
same day they are tracked off -site;
Exhibit Page 19
• Excavated soil must be located on the site and soil piles should be covered and
otherwise protected so that sediments are not tracked into the street or
adjoining properties;
• No runoff from the construction site shall be allowed to leave the site; and
• Drainage control measures shall be required depending on the extent of
grading and topography of the site.
• Development sites that result in land disturbance of one acre or more are
required by the State Water Resources Control Board (SWRCB) to submit a
Storm Water Pollution Prevention Plan ( SWPPP). Effective September 2,
2011, only individuals who have been certified by the Board as a "Qualified
SWPPP Developer" are qualified to develop and /or revise SWPPPs. A copy of
the SWPPP shall also be submitted to the PWD.
75. Prior to implementing any temporary construction dewatering or permanent
groundwater seepage pumping, a permit is required for the City Water Resources
Protection Program (WRPP). Please contact the WRPP for permit requirements as
least two weeks in advance of planned dewatering of seepage pumping. They can be
reached at (310) 458 -8235.
Public Streets & Right -of -Way
76. Prior to issuance of a Certificate of Occupancy for the Project, streetscape for
Colorado Avenue, Stanford Street, Pennsylvania Avenue Extension, and New Road
frontages, 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 Public Works Department and
Public Landscape Division.
77. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and
passable during the grading and construction phase of the project.
78. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a
result of the project as determined by the PWD shall be reconstructed to the
satisfaction of the PWD. Design, materials and workmanship shall match the
adjacent elements. This is especially true for areas within the City that have
architectural concrete, pavers, tree wells, art elements, special landscaping, etc.
79. Street and alley sections adjacent to the development shall be replaced as determined
by the PWD. This typically requires full reconstruction of the street or alley in
accordance with City of Santa Monica standards for the full adjacent length of the
property.
80. Developer shall dedicate the Pennsylvania Avenue Extension Area and all
improvements made thereto, which shall provide for new pedestrian sidewalks,
bicycle lanes, parkways and vehicular access, all as may be specified by the City; and
serve as utility corridors across the Property (the "Pennsylvania Avenue Utility
Corridors ") for the placement of public utility facilities that the City determines,
Exhibit D Page 20
from time to time, should be located in the Pennsylvania Avenue Utility Corridors.
The Pennsylvania Avenue Utility Corridors in such dedication shall contain the
following limitations:
• Any dry utilities (including without limitation electricity and telephone or
data) shall be located within an area that is no deeper than will leave at least
eight feet six inches (8' 6 ") clear height within each level of the subterranean
parking garage. Any of clearance within the parking and drive aisle in the
parking garage and up to twenty -five (25) feet wide, in a location to be
reasonably determined by Developer that will allow the minimum height
clearances to be maintained in the parking garage and that will avoid the
mechanical and other system facilities installed by Developer in the
subterranean parking structure that serve the Project.
81. Developer shall dedicate the New Road Area and all improvements made thereto,
which shall provide for new pedestrian sidewalks, bicycle lanes, parkways and
vehicular access, all as may be specified by the City; and serve as utility corridors
across the Property (the "New Road Utility Corridors ") for the placement of public
utility facilities that the City determines, from time to time, should be located in the
New Road Utility Corridors. The New Road Utility Corridors in such dedication
shall contain the following limitations:
Any dry utilities (including without limitation electricity and telephone or
data) shall be located within an area that is no deeper than will leave at least .
eight feet six inches (8' 6 ") clear height within each level of the subterranean
parking garage. Any of clearance within the parking and drive aisle in the
parking garage and up to eight feet (8' 0 ") wide, in a location to be reasonably
determined by Developer that will allow the minimum height clearances to be
maintained in the parking garage and that will avoid the mechanical and other
system facilities installed by Developer in the subterranean parking structure
that serve the Project.
Utilities
82. Prior to issuance of a Certificate of Occupancy for the Project, provide new street -
pedestrian lighting with a multiple circuit system along the new street right -of -way
and within the development site in compliance with the PWD Standards and
requirements. New street - pedestrian light poles, fixtures and appurtenances to meet
City standards and requirements.
83. Make arrangements with utility companies and pay for undergrounding of all
overhead utilities within and along the development frontages. Existing and proposed
overhead utilities need to be relocated underground.
84. Location of Southern California Edison electrical transformer and switch
equipment/structures must be clearly shown of the development site plan and other
appropriate, plans within the project limits. The SCE structures serving the proposed
development shall not be located in the public right -of -way.
Exhibit D Page 21
Resource Recovery and Recycling
85. Development plans must show the refuse and recycling (RR) area dimensions to
demonstrate adequate and easily accessible area. If the RR area is completely
enclosed, then lighting, ventilation and floor drain connected to sewer will be
required. Section 9.04.10.02.151 of the SMMC has dimensional requirements for
various sizes and types of projects. Developments that place the RR area in
subterranean garages must also provide a bin staging area on their property for the
bins to be placed for collection.
86. Contact the PWD — Resource Recovery and Recycling (RRR) Division to obtain
dimensions of the refuse recycling enclosure.
87. Prior to issuance of a Building Permit, submit a waste management plan, a map of the
enclosure and staging area with dimensions and a recycling plan to the RRR Division
for its approval. The State of California AB 341 requires any multi- family building
housing 5 units or more to have a recycling program in place for its tenants. All
commercial businesses generating 4 cubic yards of trash per week must also have a
recycling program in place for its employees and clients /customers. Show
compliance with these requirements on the building plans. Visit the RRR website or
contact the RRR Division for requirements of the Waste Management Plan and to
obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan
shall include:
• List of materials such as white paper, computer paper, metal cans, and glass to
be recycled;
o Location of recycling bins;
• Designated recycling coordinator;
• Nature and extent of internal and external pick -up service;
Pick -up schedule; and
• Plan to inform tenants/ occupants of service.
Exhibit D Page 22
Construction Period Mitigation
88. A construction period mitigation plan shall be prepared by the applicant for approval
by the PWD 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:
• Specify the names, addresses, telephone numbers and business license
numbers of all contractors and subcontractors as well as the developer and
architect;
• Describe how demolition of any existing structures is to be accomplished;
• Indicate where any cranes are to be located for erection/construction;
• Describe how much of the public street, alleyway, or sidewalk is proposed to
be used in conjunction with construction;
• Set forth the extent and nature of any pile- driving operations;
• Describe the length and number of any tiebacks which must extend under the
public right -of -way and other private properties;
• Specify the nature and extent of any dewatering and its effect on any adjacent
buildings;
• Describe anticipated construction- related truck routes, number of truck trips,
hours of hauling and parking location;
• Specify the nature and extent of any helicopter hauling;
• State whether any construction activity beyond normally permitted hours is
proposed;
• Describe any proposed construction noise mitigation measures, including
measures to limit the duration of idling construction trucks;
• Describe construction - period security measures including any fencing,
lighting, and security personnel;
• Provide a grading and drainage plan;
• Provide a construction- period parking plan which shall minimize use of public
streets for parking;
• List a designated on -site construction manager;
• Provide a construction materials recycling plan which seeks to maximize the
reuse /recycling of construction waste;
• Provide a plan regarding use of recycled and low- environmental - impact
materials in building construction; and
• Provide a construction period urban runoff control plan.
Exhibit D Page 23
Air Quality
89. 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:
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.
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
emissions. Immediately after commencing dirt removal from the site, the
general contractor shall provide the City with written certification that all
trucks leaving the site are covered in accordance with this condition of
approval.
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 PWD.
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.
90. Construction equipment used on the site shall meet the following conditions in order
to minimize NO, and ROC emissions:
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 one time.
Noise Attenuation
91. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory - recommended mufflers.
92. Electrical power shall be used to run air compressors and similar power tools.
Exhibit D Page 24
93. 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.
Miscellaneous
94. For temporary excavation and shoring that includes tiebacks into the public right -of-
way, a Tieback Agreement, prepared by the City Attorney, will be required.
Exhibit D Page 25
FIRE
General Requirements
The following comments are to be included on plans if applicable.
Requirements are based on the California Fire Code (CFC), the Santa Monica Municipal
Code (SMMC) and the California Building Code (CBC). To the extent that there is a
conflict between these requirements and the site plan included in the Project Plans, the
site plan shall supersede these requirements.
California Fire Code/ Santa Monica Fire Department Requirements
1. A fire apparatus access road shall be provided to within 150 feet of all exterior walls
of the first floor of the building. The route of the fire apparatus access road shall be
approved by the fire department. The 150 feet is measured by means of an
unobstructed route around the exterior of the building. Notwithstanding the
foregoing, Building C of the Project shall not be subject to this condition; provided
that Building C has sprinklers installed on all floors in accordance with applicable
City building codes.
2. Apparatus access roads shall have a minimum unobstructed width of 20 feet. A
minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus
access roads.
3. Dead -end fire apparatus access roads in excess of 150 feet in length shall be provided
with an approved means for turning around the apparatus.
4. A "Knox" key storage box shall be provided for ALL new construction. For
buildings, other than high -rise, a minimum of 3 complete sets of keys shall be
provided. Keys shall be provided for all exterior entry doors, fire protection
equipment control equipment rooms, mechanical and electrical rooms, elevator
controls and equipment spaces, etc. For high -rise buildings, 6 complete sets are
required.
5. Santa Monica Municipal Code Chapter 8 Section 8.44.050 requires an approved
automatic fire sprinkler system in ALL new construction and certain remodels or
additions. Any building that does not have a designated occupant and use at the time
fire sprinkler plans are submitted for approval, the system shall be designed and
installed to deliver a minimum density of not less than that required for ordinary
hazard, Group 2, with a minimum design area of not less than three thousand square
feet. Plans and specifications for fire sprinkler systems shall be submitted and
approved prior to system installation.
6. Buildings four or more stories in height shall be provided with not less than one
standpipe during construction.
Exhibit D Page 26
The standpipe(s) shall be installed before the progress of construction is more than
35- feet above grade. Two - and - one - half -inch valve hose connections shall be
provided at approved, accessible locations adjacent to useable stairs. Temporary
standpipes shall be capable of delivering a minimum demand of 500 gpm at 100 -psi
residual pressure. Pumping equipment shall be capable of providing the required
pressure and volume.
8. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of
2A- 10B:C. Extinguishers shall be located on every floor or level. Maximum travel
distance from any point in space or building shall not exceed 75 feet. Extinguishers
shall be mounted on wall or installed in cabinet no higher than 4 ft. above finished
floor and plainly visible and readily accessible or signage shall be provided.
9. An automatic fire extinguishing system complying with UL 300 shall be provided to
protect commercial -type cooking or heating equipment that produces grease -laden
vapors. A separate plan submittal is required for the installation of the system and
shall be in accordance with UFC Article 10, NFPA 17A and NFPA 96. Provide a
Class "K" type portable fire extinguisher within 30 feet the kitchen appliances
emitting grease -laden vapors.
10. Every building and/or business suite is required to post address numbers that are
visible from the street and alley. Address numbers shall be a minimum of six (6)
inches in height and contrast with their background. Suite or room numbers shall be a
minimum of four (4) inches in height and contrast with their background. Santa
Monica Municipal Code Chapter 8 Section 8.48.130 (1) (1)
11. When more than one exit is required they shall be arranged so that it is possible to go
in either direction to a separate exit, except dead -ends not exceeding 20 feet, and 50
feet in fully sprinklered buildings.
12. Exit and directional signs shall be installed at every required exit doorway,
intersection of corridors, exit stairways and at other such locations and intervals as
necessary to clearly indicate the direction of egress. This occupancy /use requires the
installation of approved floor level exit pathway marking. Exit doors shall be
openable from the inside without the use of a key, special effort or knowledge.
13. Show ALL door hardware intended for installation on Exit doors.
14. In buildings two stories or more in height an approved floor plan providing
emergency procedure information shall be posted at the entrance to each stairway, in
every elevator lobby, and immediately inside all entrances to the building. The
information shall be posted so that it describes the represented floor and can be easily
seen upon entering the floor level or the building. Required information shall meet the
minimum standards established in the Santa Monica Fire Department, Fire Prevention
Division, and information sheet entitled "Evacuation Floor Plan Signs." (California
Code of Regulations Title 19 Section 3.09)
15. Stairway Identification shall be in compliance with CBC 1022.8
Exhibit D Page 27
16. Floor -level exit signs are required in Group A, E, I, R -1, R -2 and R -4 occupancies.-
17. In buildings two stories in height at least one elevator shall conform to the California
Building Code Chapter 30 Section 3003.5a for General Stretcher Requirements for
medical emergency use.
a. The elevator entrance shall not be less than 42 inches wide by 72 inches
high.
b. The elevator car shall have a minimum clear distance between walls
excluding return panels of not less than 80 inches by 54 inches.
C. Medical emergency elevators shall be identified by the international
symbol (star of life) for emergency elevator use. The symbol shall be not
less than 3- inches in size.
18. Storage, dispensing or use of any flammable or combustible liquids, flammable
compressed gases or other hazardous materials shall comply with the Uniform Fire
Code. The Santa Monica Fire Department prior to any materials being stored or used
on site shall approve the storage and use of any hazardous materials. Complete and
submit a "Consolidated Permit Application Package." Copies may be obtained by
calling (310) 458 -8915.
19. Alarm- initiating devices, alarm - notification devices and other fire alarm system
components shall be designed and installed in accordance with the appropriate
standards of Chapter 35 of the Building Code, and the National Fire Alarm
Code NFPA 72. The fire alarm system shall include visual notification appliances for
warning the hearing impaired. Approved visual appliances shall be installed in ALL
rooms except private (individual) offices, closets, etc
20. An approved fire alarm system shall be installed as follows:
21. Group A Occupancies with an occupant load of 1,000 or more shall be provided with
a manual fire alarm system and an approved prerecorded message announcement
using an approved voice communication system. Emergency power shall be provided
for the voice communication system.
22. Group E Occupancies having occupant loads of 50 or more shall be provided with an
approved manual fire alarm system.
23. Group R -1, R -2 Apartment houses containing 16 or more dwelling units, in building
three or more stories in height R -2.1 and R -4 Occupancies shall be provided with a
manual alarm system. Smoke detectors shall be provided in all common areas and
interior corridors of required exits. Recreational, laundry, furnace rooms and similar
areas shall be provided with heat detectors.
24. Plans and specifications for fire alarm systems shall be submitted and approved prior
to system installation
Exhibit Page 28
Santa Monica Fire Department - Fire Prevention Policy Number 5 -1
Subject: Fire Apparatus Access Road Requirements
Scope: This policy identifies the minimum standards for apparatus access roads required
by California Fire Code, Section 503.
Application
25. Fire apparatus access roads shall comply with the following minimum standards:
a. The minimum clear width shall be not less than 20 feet. No parking,
stopping or standing of vehicles is permitted in this clear width.
b. When fire hydrants or fire department connections to fire sprinkler
systems are located on fire apparatus access roads the minimum width
shall be 26 feet. This additional width shall extend for 20 feet on each side
of the centerline of the fire hydrant or fire department connection.
C. The minimum vertical clearance shall be 13 feet, 6 inches.
d. The minimum turn radius for all access road turns shall be not less than 39
feet for the inside radius and 45 feet for the outside radius.
e. Dead -end access roads in excess of 150 feet in length shall be provided
with either a 96 feet diameter "cul -de- sac," 60 foot "Y" or 120 -foot
"hammerhead" to allow the apparatus to turn.
f The surface shall be designed and maintained to support the imposed loads
of at least 75,000 -pound and shall be "all - weather." An "all- weather"
surface is asphalt, concrete or other approved driving surface capable of
supporting the load.
26. Gates installed on fire apparatus access roads shall comply with the following:
a. The width of any gate installed on a fire apparatus access road shall be a
minimum of 20 feet.
b. Gates may be of the swinging or sliding type.
C. Gates shall be constructed of materials that will allow for manual
operation by one person.
d. All gate components shall be maintained in an operative condition at all
times and shall be repaired or replaced when defective.
e. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. The Fire Prevention Division
shall approve emergency opening devices.
f Manual opening gates may be locked with a padlock, as long it is
accessible to be opened by means of forcible entry tools.
g. The Fire Prevention Division shall approve locking device specification.
Exhibit D Page 29
96' DIAMETER
GUL•DE -SAC
so,
FEW
it
o�
173
120' HAMMERHEAD
j 20'-a' Z0'-T
—20'
60 "Y' MINIMUM CLEARANCE
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HYDRANT
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20'
ACCEPTABLE ALTERNATIVE
TO120'HAMMERHEAD
27. Fire apparatus access roads shall be marked with permanent NO PARKING - FIRE
LANE CVC SECTION 22500.1. Signs shall have a minimum dimension of 12 inches
wide and 18 inches high having red letters on a white reflective background.
a. Fire apparatus access roads signs and placement shall comply with the
following:
Fire Apparatus access roads 20 to 26 feet wide must be posted on
both sides as a fire lane.
ii. Fire Apparatus access roads 26 to 32 feet wide must be posted on
one side as a fire lane.
28. Buildings or facilities exceeding 30 feet in height or more than 3 stories in height
shall have at least 2 fire apparatus access roads for each structure.
29. Fire apparatus access roads for commercial and industrial development shall comply
with the following:
a. Buildings or facilities exceeding 30 feet in height or more than 3 stories in
height shall have at least 2 means of fire apparatus access for each
structure.
b. Buildings or facilities having a gross floor area of more than 62,000
square feet shall be provided with 2 fire apparatus access roads.
Exhibit D Page 30
C. When two access roads are required, they shall be placed a distance apart
equal to not less than one half of the length of the maximum overall
diagonal dimension of the property or area to be accessed measured in a
straight line between accesses.
30. Aerial apparatus access roads shall comply with the following:
a. Buildings or portions of buildings or facilities exceeding 30 feet in height
from the lowest point of Fire Department access shall be provided shall be
provided with approved apparatus access roads capable of accommodating
aerial apparatus.
b. Apparatus access roads shall have a minimum width of 26 feet in the
immediate vicinity of any building or portion of a building more than 30
feet in height.
C. At least one of the required access roads meeting this condition shall be
located within a minimum of 15 feet and maximum of 30 feet from the
building and shall be a positioned parallel to one entire side of the
building.
Exhibit Page 31
31. California Building Code/ Santa Monica Fire Department Requirements
Occupancy Classification and Division
• If a change in occupancy or use, identify the existing and all proposed new
occupancy classifications and uses
• Assembly (A -1, A -2, A -3), Business (B), Mercantile (M), Residential (R), etc.
• Include all accessory uses
Building Height
• Height in feet (SMMC defines a High -Rise as any structure greater than 55
feet.)
• Number of stories
• Detail increase in allowable height
• Type I (II -FR.) buildings housing Group B office or Group R, Division 1
Occupancies each having floors used for human occupancy located more than
55 feet above the lowest level of fire department vehicle access shall comply
with CBC Section 403.
• Automatic sprinkler system.
• Smoke - detection systems.
• Smoke control system conforming to Chapter 9 Section 909.
• Fire alarm and communication systems.
L Emergency voice alarm signaling system
ii. Fire department communication system.
• Central control station. (96 square feet minimum with a minimum dimension
of 8' ft)
• {omitted}
• Elevators.
• Standby power and light and emergency systems.
• Exits
• Seismic consideration.
Exhibit D Page 32
Total Floor Area of Building or Project
• Basic Allowable Floor Area
• Floor Area for each room or area
• Detail allowable area increase calculations
Corridor Construction
• Type of Construction
• Detail any and all code exceptions being used
Occupant Load Calculations
• Occupancy Classification for each room or area.
• Occupant Load Calculation for each room or area based on use or occupancy
• Total Proposed Occupant Load
Means of Egress
• Exit width calculations
• Exit path of travel
• Exit Signage and Pathway Illumination (low level exit signage)
Atria - Atria shall comply with CBC Section 404 as follows:
• Atria shall not be permitted in buildings containing Group H Occupancies.
• The entire building shall be sprinklered.
• A mechanically operated smoke - control system meeting the requirements of
Section 909 and 909.9 shall be installed.
• Smoke detectors shall be installed in accordance with the Fire Code.
• Except for open exit balconies within the atrium, the atrium shall be separated
from adjacent spaces by one -hour fire- resistive construction. See exceptions to
Section 404.6.
• When a required exit enters the atrium space, the travel distance from the
doorway of the tenant space to an enclosed stairway, horizontal exit, exterior
door or exit passageway shall not exceed 200 feet.
• In other than jails, prisons and reformatories, sleeping rooms of Group I
Occupancies shall not have required exits through the atrium.
• Standby power shall be provided for the atrium and tenant space smoke -
control system. Sections 404.7 and 909.11.
Exhibit D Page 33
• The interior finish for walls and ceilings of the atrium and all unseparated
tenant spaces shall be Class I. Section 404.8.
Atriums of a height greater than 20 feet, measured from the ceiling sprinklers, shall only
contain furnishings and decorative materials with potential heat of combustion less than
9,000 Btu's per pound. All furnishings to comply with California Bureau of Home
Furnishings, Technical Bulletin 133, "Flammability Test for Seating Furniture in Public
Occupancies."
All furnishings in public areas shall comply with California Bureau of Home Furnishings,
Technical Bulletin 133, and "Flammability Test for Seating Furniture in Public
Occupancies."
Fire — Los Angeles County
32. Fire Flow Requirements
1. INTRODUCTION
A. Purpose: To provide Department standards for fire flow, hydrant spacing
and specifications.
B. Scone: Informational to the general public and instructional to all
individuals, companies, or corporations involved in the subdivision of land,
construction of buildings, or alterations and /or installation of fire protection
water systems and hydrants.
C. Author: The Deputy Chief of the Prevention Services Bureau through the
Assistant Fire Chief (Fire Marshal) of the Fire Prevention Division is
responsible for the origin and maintenance of this regulation.
D. Definitions:
1. GPM — gallons per minute
2. psi — pounds per square inch
3. Detached condominiums — single detached dwelling units on land
owned in common
4. Multiple family dwellings — three or more dwelling units attached
Exhibit D Page 34
IL RESPONSIBILITY
A. Land Development Unit
The Department's Land Development Unit shall review all
subdivisions of land and apply fire flow and hydrant spacing
requirements in accordance with this regulation and the present
zoning of the subdivision or allowed land use as approved by the
County's Regional Planning Commission or city planning
department.
B. Fire Prevention Engineering Section
1. The Department's Fire Prevention Engineering Section shall review
building plans and apply fire flow and hydrant spacing requirements
in accordance with this regulation.
III. POLICY
1. The procedures, standards, and policies contained herein are provided
to ensure the adequacy of, and access to, fire protection water and
shall be enforced by all Department personnel.
{remainder of page is blank)
Exhibit D Page 35
IV. PROCEDURES
A. Land development: fire flow, duration of flow, and hydrant spacing
The following requirements apply to land development issues such as: tract
maps, conditional use permits, zone changes, lot line adjustments, planned
unit developments, etc.
1. Residential
Fire Zones 3
Very High Fire Hazard Severity Zone (VHFHSZ)
Duration Public Hydrant
Fire Flow of Flow Spacing
a. Single family dwelling 1,250 GPM 2 hrs. 600 ft.
and detached condominiums
(I —4 Units)
(Under 5,000 square feet)
b Detached condominium 1,500 GPM 2 hrs. 300 ft.
(5 or more units)
(Under 5,000 square feet)
c. Two family dwellings 1,500 GPM 2 hrs. 600 ft.
(Duplexes)
NOTE: FOR SINGLE FAMILY DWELLINGS OVER 5,000
SQUARE FEET. SEE, TABLE 1 FOR FIRE FLOW
REQUIREMENTS PER BUILDING SIZE.
Multiple family dwellings, hotels, high rise, commercial, industrial,
etc.
a. Due to the undetermined building designs for new land
development projects (undeveloped land), the required fire flow
shall be: 5,000 GPM 5 hrs. 300 ft.
NOTE: REDUCTION IN FIRE FLOW IN ACCORDANCE
WITH TABLE 1.
Exhibit D Page 36
b. Land development projects consisting of lots having existing
structures shall be in compliance with Table 1 (fire flow per
building size). This standard applies to multiple family
dwellings, hotels, high rise, commercial, industrial, etc.
NOTE: FIRE FLOWS PRECEDING ARE MEASURED AT
20 POUNDS PER SQUARE INCH RESIDUAL
PRESSURE.
B. Building plans
The Department's Fire Prevention Engineering Section shall review building
plans and apply fire flow requirements and hydrant spacing in accordance with
the following:
I. Residential
Building Occupancy Classification
a. Single family dwellings - Fire Zone 3 (Less than 5,000 square feet)
Duration Public Hydrant
Fire Flow of Flow Spacing
On a lot of one acre or more 750 GPM 2 hrs. 600 ft.
On a lot less than one acre 1,250 GPM 2 hrs 600 ft.
b. Single family dwellings — VIIFHSZ (Less than 5,000 square feet)
On a lot of one acre or more 1,000 GPM 2 hrs. 600 ft.
On a lot less than one acre 1,250 GPM 2 hrs 600 ft.
NOTE: FOR SINGLE FAMILY DWELLINGS GREATER THAN 5,000
SQUARE FEET IN AREA SEE TABLE
Exhibit D Page 37
Duration Public Hydrant
Fire Flow of Flow Spacing
c. Two family dwellings — VHFHSZ (Less than 5,000 square feet)
Duplexes
1. Mobilehome Park
a. Recreation Buildings
b. Mobilehome Park
1,500 GPM 2 lirs 600 ft.
Refer to Table 1 for fire flow according to building
size.
1,250 GPM 2 hrs 600 ft.
2. Multiple residential, apartments, single family residences (greater than
5,000 square feet), private schools, hotels, high rise, commercial,
industrial, etc. (R -1, E, B, A, I, H, F, M, S) (see Table 1).
C. Public fire hydrant requirements
1. Fire hydrants shall be required at intersections and along access ways as
spacing requirements dictate
2. Spacing
a. Cul -de -sac
When cul -de -sac depth exceeds 450' (residential) or
200' (commercial), hydrants shall be required at mid - block.
Additional hydrants will be required if hydrant spacing exceeds
specified distances.
b. Single family dwellings
Fire hydrant spacing of 600 feet
NOTE: The following guidelines shall be used in meeting
single family dwellings hydrant spacing
requirements:
(1) Urban properties (more than one unit per acre):
No portion of lot frontage should be more than 450' via
vehicular access from a public hydrant.
Exhibit D Page 38
(2) Non -Urban Properties (less than one unit per acre):
No portion of a structure should be placed on a lot where
it exceeds 750' via vehicular access from a properly
spaced public hydrant that meets the required fire flow.
c. All occupancies
Other than single family dwellings, such as commercial, industrial,
multi- family dwellings, private schools, institutions, detached
condominiums (five or more units), etc.
Fire hydrant spacing shall be 300 feet.
NOTE: The following guidelines shall be used in meeting the
hydrant spacing requirements.
(1) No portion of lot frontage shall be more than 200 feet via
vehicular access from a public hydrant.
(2) No portion of a building should exceed 400 feet via
vehicular access from a properly spaced public hydrant.
d. Supplemental fire protection
When a structure cannot meet the required public hydrant spacing
distances, supplemental fire protection shall be required.
NOTE: Supplemental fire protection is not limited to the
installation of on -site fire hydrants; it may include automatic
extinguishing systems.
Hydrant location requirements - both sides of a street
Hydrants shall be required on both sides of the street whenever:
a. Streets having raised median center dividers that make access to
hydrants difficult, cause time delay, and /or creates undue hazard.
b. For situations other than those listed in "a" above, the Department's
inspector's judgment shall be used. The following items shall be
considered when determining hydrant locations:
(1) Excessive traffic loads, major arterial route, in which
traffic would be difficult to detour.
(2) Lack of adjacent parallel public streets in which traffic
could be redirected (e.g., Pacific Coast Highway).
Exhibit D Page 39
(3) Past practices in the area.
(4) Possibility of future development in the area.
(5) Type of development (i.e., flag -lot units, large apartment
or condo complex, etc.).
(6) Accessibility to existing hydrants
(7) Possibility of the existing street having a raised median
center divider in the near future.
D. On -Site Hydrant Requirements
When any portion of a proposed structure exceeds (via vehicular
access) the allowable distances from a public hydrant and on -site
hydrants are required, the following spacing requirements shall be met:
a. Spacing distance between on -site hydrants shall be 300 to 600 feet.
(1) Design features shall assist in allowing distance
modifications.
b. Factors considered when allowing distance modifications.
(1) Only sprinklered buildings qualify for the maximum
spacing of 600 feet.
(2) For non- sprinklered buildings, consideration should be
given to fire protection, access doors, outside storage, etc.
Distance between hydrants should not exceed 400 feet.
2. Fire flow
a. All on -site fire hydrants shall flow a minimum of 1,250 gallons per
minute at 20 psi for a duration of two hours. If more than one on-
site fire hydrant is required, the on -site fire flow shall be at least
2,500 gallons per minute at 20 psi, flowing from two hydrants
simultaneously. On site flow may be greater depending upon the
size of the structure and the distance from public hydrants.
NOTE: ONE OF THE TWO HYDRANTS TESTED SHALL BE
THE FARTHEST FROM THE PUBLIC WATER
SOURCE.
Exhibit D Page 40
3. Distance from structures
All on -site hydrants shall be installed a minimum of 25 feet from a
structure or protected by a two -hour firewall.
4. Shut -off valves
All on -site hydrants shall be equipped with a shut -off (gate) valve, which
shall be located as follows:
a. Minimum distance to the hydrant 10 feet.
b. Maximum distance from the hydrant 25 feet
5. Inspection of new installations
All new on -site hydrants and underground installations are subject to
inspection of the following items by a representative of the Department:
a. Piping materials and the bracing and support thereof.
b. A hydrostatic test of 200 psi for two hours.
c. Adequate flushing of the installation.
d. Flow test to satisfy required fire flow.
(1) Hydrants shall be painted with two coats of red primer
and one coat of red paint, with the exception of the stem
and threads, prior to flow test and acceptance of the
system.
6. Maintenance
It shall be the responsibility of the property management company, the
homeowners association, or the property owner to maintain on -site
hydrants.
a. Hydrants shall be painted with two coats of red primer and one coat
of red, with the exception of the stem and threads, prior to flow test
and acceptance of the system.
b. No barricades, walls, fences, landscaping, etc., shall be installed or
planted within three feet of a fire hydrant.
E. Public Hydrant Flow Procedure
Exhibit D Page 41
The minimum acceptable flow from any existine public hydrant shall be 1,000
GPM unless the required fire flow is less. Hydrants used to satisfy fire flow
requirements will be determined by the following items:
1. Only hydrants that meet spacing requirements are acceptable for
meeting fire flow requirements.
2. In order to meet the required fire flow:
a. Flow closest hydrant and calculate to determine flow at 20 pounds
per square inch residual pressure. If the calculated flow does not
meet the fire flow requirement, the next closest hydrant shall be
flowed simultaneously with the first hydrant, providing it meets the
spacing requirement, etc.
b. If more than one hydrant is to be flowed in order to meet the
required fire flow, the number of hydrants shall be flowed as
follows:
One hydrant 1,250 GPM and below
Two hydrants 1,251— 3,500 GPM flowing simultaneously
Three hydrants 3,501— 5,000 GPM flowing simultaneously
F. Hydrant Upgrade Policy
1. Existing single outlet 2 1/2" inch hydrants shall be upgraded to a double
outlet 6" x 4" x 2 1/2" hydrant when the required fire flow exceeds
1,250GPM.
An upgrade of the fire hydrant will not be required if the required fire
flow is between the minimum requirement of 750 gallons per minute, up
to and including 1,250 gallons per minute, and the existing public water
system will provide the required fire flow through an existing wharf fire
hydrant.
All new required fire hydrant installations shall be approved 6" x 4" x 2
1/2" fire hydrants.
4. When water main improvements are required to meet GPM flow, and the
existing water main has single outlet 2 1/2" fire hydrant(s), then a
hydrant(s) upgrade will be required. This upgrade shall apply regardless
of flow requirements.
The owner - developer shall be responsible for making the necessary
arrangements with the local water purveyor for the installation of all
public facilities.
Exhibit D Page 42
6. Approved fire hydrant barricades shall be installed if curbs are not
provided (see Figures 1, 2, and 3 following on pages 11 and 12).
G. Hydrant Specifications
All required public and on -site fire hydrants shall be installed to the
following specifications prior to flow test and acceptance of the system.
1. Hydrants shall be:
a. Installed so that the center line of the lowest outlet is between 14 and
24 inches above finished grade
b. Installed so that the front of the riser is between 12 and 24 inches
behind the curb face
C. Installed with outlets facing the curb at a 45- degree angle to the curb
line if there are double outlet hydrants
d. Similar to the type of construction which conforms to current
A.W.W.A. Standards
e. Provided with three -foot unobstructed clearance on all sides.
Provided with approved plastic caps
g. Painted with two coats of red primer and one coat of traffic signal
yellow for public hydrants and one coat of red for on -site hydrants,
with the exception of the stems and threads
Underground shut -off valves are to be located:
a. A minimum distance of 10 feet from the hydrant
b. A maximum distance of 25 feet from the hydrant
Exception: Location can be less than 10 feet when the water main
is already installed and the 10 -foot minimum distance cannot be
satisfied.
All new water mains, laterals, gate valves, buries, and riser shall be a
minimum of six inches inside diameter.
Exhibit D Page 43
4. When sidewalks are contiguous with a curb and are five feet wide or less,
fire hydrants shall be placed immediately behind the sidewalk. Under no
circumstances shall hydrants be more than six feet from a curb line.
5. The owner - developer shall be responsible for making the necessary
arrangements with the local water purveyor for the installation of all
public facilities.
6. Approved fire hydrant barricades shall be installed if curbs are not
provided (see Figures 1, 2, and 3 following on pages 11 and 12).
Exhibit D Page 44
Barricade /Clearance Details
CQNCRETECAF`
V BARRICADE POST
CONCRETE FILLED
YAIN.4" MA SCHEDULE 4C
STE €L. S €€ NOTE 41
CONCRETE
4 WN,
w
Figure 1
PLAN
FIRE HYDRANT BARRICADES
(TYPICAL)
Figure 2
Exhibit D I Page 45
Notes:
c
Figure 3
Constructed of steel not less than four inches in diameter, six inches if
heavy truck traffic is anticipated, schedule 40 steel and concrete filled.
2. Posts shall be set not less than three feet deep in a concrete footing of not
less than 15 inches in diameter, with the top of the posts not less than
three feet above ground and not less than three feet from the hydrant
Posts, fences, vehicles, growth, trash storage and other materials or things
shall not be placed or kept near fire hydrants in a manner that would
prevent fire hydrants from being immediately discernable.
4. If hydrant is to be barricaded, no barricade shall be constructed in front of
the hydrant outlets (Figure 2, shaded area).
The exact location of barricades may be changed by the field inspector
during a field inspection.
6. The steel pipe above ground shall be painted a minimum of two field
coats of primer.
Two finish coats of "traffic signal yellow" shall be used for fire hydrant
barricades.
8. Figure 3 shows hydrant hook up during fireground operations. Notice
apparatus (hydra- assist - valve) connected to hydrant and the required area.
Figure 3 shows the importance of not constructing barricades or other
obstructions in front of hydrant outlets.
Exhibit Page 46
H. Private fire protection systems for rural commercial and industrial
development
Where the standards of this regulation cannot be met for industrial and
commercial developments in rural areas, alternate proposals which meet NFPA
Standard 1142 may be submitted to the Fire Marshal for review. Such
proposals shall also be subject to the following:
The structure is beyond 3,000 feet of any existing, adequately -sized water
system.
a. Structures within 3,000 feet of an existing, adequately -sized
water system, but beyond a water purveyor service area, will
be reviewed on an individual basis.
2. The structure is in an area designated by the County of Los Angeles'
General Plan as rural non- urban.
I. Blue reflective hydrant markers replacement policy
Purpose: To provide information regarding the replacement of blue
reflective hydrant markers, following street construction or repair work.
a. Fire station personnel shall inform Department of Public
Works Road Construction Inspectors of the importance of the
blue reflective hydrant markers, and encourage them to
enforce their Department permit requirement, that streets and
roads be returned to their original condition, following
construction or repair work.
b. When street construction or repair work occurs within this
Department's jurisdiction, the nearest Department of Public
Works Permit Office shall be contacted. The location can be
found by searching for the jurisdiction office in the "County
of Los Angeles Telephone Directory" under "Department of
Public Works Road Maintenance Division." The importance
of the blue reflective hydrant markers should be explained,
and the requirement encouraged that the street be returned to
its original condition, by replacing the hydrant markers.
Exhibit D Page 47
TABLE I*
BUILDING SIZE
(First floor area)
Fire Flow *(1) (2)
Duration
Hydrant Spacing
Under 3,000
sq.
ft.
1,000 GPM
2 hrs.
300 ft.
3,000 to 4,999
sq.
ft.
1,250 GPM
2 hrs.
300 ft.
5,000 to 7,999
sq.
ft.
1,500 GPM
2 hrs.
300 ft.
8,000 to 9,999
sq.
ft.
2,000 GPM
2 hrs.
300 ft.
10,000 to 14,999
sq.
ft.
2,500 GPM
2 hrs.
300 ft.
15,000 to 19,999
sq.
ft.
3,000 GPM
3 hrs.
300 ft.
20,000 to 24,999
sq.
ft.
3,500 GPM
3 hrs.
300 ft.
25,000 to 29,999
sq.
ft.
4,000 GPM
4 hrs.
300 ft.
30,000 to 34,999
sq.
ft.
4,500 GPM
4 hrs.
300 ft.
35,000 or more
sq.
ft.
5,000 GPM
5 hrs.
300 ft.
*See applicable footnotes below:
(FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL
PRESSURE)
(1) Conditions requiring additional fire flow.
a. Each story above ground level - add 500 GPM per story.
b. Any exposure within 50 feet - add a total of 500 GPM.
C. Any high -rise building (as determined by the jurisdictional
building code) the fire flow shall be a minimum of 3,500 GPM for
3 hours at 20 psi.
d. Any flow may be increased up to 1,000 GPM for a hazardous
occupancy.
(2) Reductions in fire flow shall be cumulative for type of construction and a fully
sprinklered building. The following allowances and /or additions may be made
to standard fire flow requirements:
Exhibit D Page 48
a. A 25% reduction shall be granted for the following types of construction:
Type I -F.R, Type II -F.R., Type II one -hour, Type II -N, Type III one -hour,
Type III -N, Type IV, Type IV one hour, and Type V one -hour. This
reduction shall be automatic and credited on all projects using these types
of construction. Credit will not be given for Type V -N structures (to a
minimum of 2,000 GPM available fire flow).
b. A 25% reduction shall be granted for fully sprinklered buildings (to a
minimum of 2,000 GPM available fire flow).
C. When determining required fire flows for structures that total 70,000
square feet or greater, such flows shall not be reduced below 3,500 GPM
at 20 psi for three hours.
Exhibit D Page 49
EXHIBIT "E"
SMMC ARTICLE 9 (PLANNING AND ZONING)
On file with the City Cleric
Exhibit E Page 1
EXHIBIT "F -1"
LOCAL HIRING PROGRAM FOR CONSTRUCTION
Local Hiring Policy For Construction: Developer shall implement a local hiring policy
(the "Local Hiring Policy ") for construction of the Project, consistent with the following
guidelines:
1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment
by Developer and its contractors at the Project of residents of the City of Santa
Monica (the "Targeted Job Applicants "), and in particular, those residents who
are "Low- Income Individuals" (defined below).
2. Definitions.
a. "Contract' means a contract or other agreement for the providing of any
combination of labor, materials, supplies, and equipment to the
construction of the Project that will result in On -Site Jobs, directly or
indirectly, either pursuant to the terms of such contract or other agreement
or through one or more subcontracts.
b. "Contractor" means a prime contractor, a sub - contractor, or any other
entity that enters into a Contract with Developer for any portion or
component of the work necessary to construct the Project (excluding
architectural, design and other "soft" components of the construction of
the Project).
C. "Low Income Individual' means a resident of the City of Santa Monica
whose household income is no greater than 80% of the Median Income.
d. "Median Income" means the median income for the Los Angeles
Metropolitan Statistical Area, as published from time to time by the City
in connection with its Affordable Housing Production Program pursuant to
SMMC Section 9.56.
e. "On -Site Jobs" means all jobs by a Contractor under a Contract for which
at least fifty percent (50 %) of the work hours for such job requires the
employee to be at the Project site, regardless of whether such job is in the
nature of an employee or an independent contractor.
Priority for Targeted Job Applicants. Subject to Section 6 below in this
Exhibit 'IF-1," the Local Hiring Policy provides that the Targeted Job Applicants
shall be considered for each On -Site Job in the following order of priority:
a. First Priority: Low Income Individuals living within one mile of the
Project;
Exhibit F -1 Page 1
b. Second Priority: Low Income Individuals living in census tracts
throughout the City for which household income is no greater than 80% of
the Median Income;
C. Third Priority: Low Income Individuals living in the City, other than the
first priority and second priority Low Income Individuals; and
d. Fourth Priority: City residents other than the first priority, second priority,
and third priority City residents.
4. Coverage. The Local Hiring Policy shall apply to all hiring for On -Site Jobs
related to the construction of the Project, by Developer and its Contractors.
5. Outreach. So that Targeted Job Applicants are made aware of the availability of
On -Site Jobs, Developer or its Contractors shall advertise available On -Site Jobs
in the Santa Monaca Daily Press or similar local newspaper.
6. Hiring. Developer and its prime contractor shall consider in good faith all
applications submitted by Targeted Job Applicants for On -Site Jobs, in
accordance with their respective normal hiring practices. The City acknowledges
that the Contractors shall determine in their respective subjective business
judgment whether any particular Targeted Job Applicant is qualified to perform
the On -Site Job for which such Targeted Job Applicant has applied.
Term. The Local Hiring Policy shall continue to apply to the construction of the
Project until the final certificate of occupancy for the Project has been issued by
the City.
Exhibit F -1 Page 2
EXHIBIT "F -2"
IR6ZN100 011RW[f2a10141.7_\LI Ire] ta9a W& ORaIa elm aLI9 RUN Ia04 11
Local Hiring Policy For Permanent Employment. The Developer (if an Operator) or
Commercial Operator shall implement a local hiring policy (the "Local Hiring Policy "),
consistent with the following guidelines:
Purpose. The purpose of the Local Hiring Policy is to facilitate the employment
by the commercial tenants of the Project of residents of the City of Santa Monica
(the "Targeted Job Applicants "), and in particular, those residents who are
"Low- Income Individuals" (defined below) by ensuring Targeted Job Applicants
are aware of Project employment opportunities and have a fair opportunity to
apply and compete for such jobs. The goal of this policy is local hiring.
2. Findines.
a. Approximately 73,000- 74,000 individuals work in the City. The City has
a resident labor force of approximately 56,800. However, only about one-
third (32.2 percent) of the City's resident labor force works at jobs located
in the City, with the balance working outside of the City. Consequently, a
significant portion of the City's resident and non- resident work force is
required to commute long distances to find work, causing increased traffic
on state highways, increased pollution, increased use of gas and other
fuels and other serious environmental impacts.
b. Due to their employment outside of the City, many residents of the City
are forced to leave for work very early in the morning and return late in
the evening, often leaving children and teenagers alone and unsupervised
during the hours between school and the parent return from work outside
the area.
C. Absentee parents and unsupervised youth can result in increased problems
for families, communities and the City as a whole, including, but not
limited to, increased crime, more frequent and serious injuries, poor
homework accomplishments, failing grades and increased high school
dropout rates.
d. Of the approximately 45,000 households in the City, thirty percent are
defined as low- income households or lower, with eleven percent of these
households defined as extremely low income and eight percent very low
income. Approximately 10.5% of the City's residents are unemployed.
e. By ensuring that Targeted Job Applicants are aware of and have a fair
opportunity to compete for Project jobs, this local hiring policy will
facilitate job opportunities to City residents which would expand the City's
Exhibit F -2 Page 1
employment base and reduce the impacts on the environment caused by
long commuting times to jobs outside the area.
3. Definitions.
a. "Low Income Individual' means a resident of the City of Santa Monica
whose household income is no greater than 80% of the Median Income.
b. "Median Income" means the median income for the Los Angeles
Metropolitan Statistical Area, as published from time to time by the City
in connection with its Affordable Housing Production Program pursuant to
SMMC Section 9.56.
C. "On -Site Jobs" means all jobs on the Project site within the non-
residential uses of greater than 1,500 gross square feet, regardless of
whether such job is in the nature of an employee or an independent
contractor.
d. "Commercial Operator" means the operators of non - residential uses on
the Project site.
4. Priority for Targeted Job Applicants. Subject to Section 6 below in this
Exhibit "F -2," the Local Hiring Policy provides that the Targeted Job Applicants
shall be considered for each On -Site Job in the following order of priority:
a. First Priority: Low Income Individuals living within one mile of the
Project;
b. Second Priority: Low Income Individuals living in the City, other than the
first priority Low Income Individuals; and
C. Third Priority: City residents other than the first priority and second
priority City residents.
For purposes of this Local Hiring Policy, the employer is authorized to rely on the
most recent year's income tax records (W -2) and proof of residency (e.g. driver's
license, utility bill, voter registration) if voluntarily submitted by a prospective job
applicant for purposes of assessing a Targeted Job Applicant's place of residence
and income.
5. Coverage. The Local Hiring Policy shall apply to all hiring for On -Site Jobs.
Notwithstanding the foregoing, the Local Hiring Policy shall not apply to
temporary employees utilized while a permanent employee is temporarily absent
or while a replacement is being actively sought for a recently - departed permanent
employee. Furthermore, the Local Hiring Policy shall not preclude the re- hiring
of a prior employee or the transfer of an existing employee from another location.
Exhibit F -2 Page 2
6. Recruitment.
a. Advanced Local Recruitment - Initial Hiring for New Business. So that
Targeted Job Applicants are made aware of the availability of On -Site
Jobs, at least 30 days before recruitment ( "Advanced Recruitment
Period ") is opened up to general circulation for the initial hiring by a new
business, Operator shall advertise available On -Site Jobs in the Santa
Monica Daily Press or similar local media and electronically on a City -
sponsored website, if such a resource exists. In addition, Developer shall
consult with and provide written notice to at least two first source hiring
organizations, which may include but are not limited to the following:
(i) Local first source hiring programs
(ii) Trade unions
(iii) Apprenticeship programs at local colleges
(iv) Santa Monica educational institutions
(v) Other non -profit organizations involved in referring eligible
applicants for job opportunities
b. Advanced Local Recruitment - Subsequent Hiring. For subsequent
employment opportunities, the Advanced Recruitment Period for Targeted
Job Applicants can be reduced to at least 7 days before recruitment is
opened up to general circulation. Alternatively, the Developer may also
use an established list of potential Targeted Job Applicants of not more
than one year old.
C. Obligations After Completion of Advanced Recruitment Period. Once
these advanced local recruitment obligations have been met, Developer is
not precluded from advertising regionally or nationally for employees.
Hiring. Developer or Commercial Operator shall consider in good faith all
applications submitted by Targeted Job Applicants for On -Site Jobs in accordance
with their normal practice to hire the most qualified candidate for each position
and shall be make good faith efforts to hire Targeted Job Applicants when such
Applicants are most qualified or equally qualified as other applicants. The City
acknowledges that the Developer or Commercial Operator shall determine in their
respective subjective business judgment whether any particular Targeted Job
Applicant is qualified to perform the On -Site Job for which such Targeted Job
Applicant has applied.
8. Proactive Outreach. Developer shall designate a "First- Source Hiring
Coordinator" (FHC) that shall manage all aspects of the Local Hiring Policy.
The FHC shall be responsible for actively seeking partnerships with local first -
source hiring organizations prior to employment opportunities being available.
Exhibit F -2 Page 3
The FHC shall also be responsible for encouraging and making available
information on first- source hiring to respective commercial tenants of the Project.
The FHC shall contact new employers on the Project site to inform them of the
available resources on first - source hiring. In addition to implementation of the
Local Hiring Policy, the FHC can have other work duties unrelated to the Local
Hiring Policy.
9. Term. The Local Hiring Policy shall apply for the life of the Project.
Exhibit F -2 Page 4
EXHIBIT "G -1"
PENNSYLVANIA AVENUE EXTENSION EASEMENT AREA
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Exhibit G -1 Page 1
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Exhibit G -1 Page 1
EXHIBIT "G-2"
NEW ROAD EASEMENT AREA
Exhibit G-2 Page 1
EXHIBIT "G-3"
PUBLIC USE AREAS
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Exhibit G-3 Page I
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Exhibit G-3 Page I
EXHIBIT "H"
SANTA MONICA SIGN CODE
On file with the City Clerk
Exhibit H Page I
EXHIBIT "I"
CONSTRUCTION MITIGATION PLAN
CON -1 Construction Impact Mitigation Plan.
The applicant shall prepare, implement and maintain a Construction Impact Mitigation
Plan that shall be designed to:
• Prevent material traffic impacts on the surrounding roadway network.
• Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable.
• Ensure safety for both those constructing the project and the surrounding
community.
• Prevent substantial truck traffic through residential neighborhoods.
The Construction Impact Mitigation Plan shall be subject to review and approval by the
following City departments: Department of Public Works; Fire; Planning and Community
Development; and Police. This review will ensure that the Plan has been designed in
accordance with this mitigation measure. This review shall occur prior to commencement
of any construction staging for the project. The Mitigation Plan shall, at a minimum,
include the following:
Ongoing Requirements Throughout the Duration of Construction
A detailed traffic control plan for work zones shall be maintained which
includes at a minimum accurate existing and proposed: parking and travel lane
configurations; warning, regulatory, guide and directional signage; and area
sidewalks, bicycle lanes and parking lanes. The plan shall include specific
information regarding the project's construction activities that may disrupt
normal pedestrian and traffic flow and the measures to address these
disruptions. Such plans must be reviewed and approved by the Transportation
Management Division prior to commencement of construction and
implemented in accordance with this approval.
• Work within the public right -of -way shall be performed between 9:00 AM
and 4:00 PM, including: dirt and demolition material hauling and construction
material delivery. Work within the public right -of -way outside of these hours
shall only be allowed after the issuance of an after -hours construction permit.
• Streets and equipment shall be cleaned in accordance with established PW
requirements.
Exhibit Page 1
• Trucks shall only travel on a City approved construction route. Truck
queuing /staging shall not be allowed on Santa Monica streets. Limited
queuing may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be on -site, with a minimum amount of materials
within a work area in the public right -of -way, subject to a current Use of
Public Property Permit.
• Any requests for work before or after normal construction hours within the
public right -of -way shall be subject to review and approval through the After
Hours Permit process administered by the Building and Safety Division.
• Off - street parking shall be provided for construction workers. This may
include the use of a remote location with shuttle transport to the site, if
determined necessary by the City of Santa Monica.
Proiect Coordination Elements That shall Be Implemented Prior to Commencement of
Construction
• The traveling public shall be advised of impending construction activities (e.g.
information signs, portable message signs, media listing /notification,
implementation of an approved traffic control plan).
• Any construction work requiring encroachment into public rights -of -way,
detours or any other work within the public right -of -way shall require
approval from the City through issuance of a Use of Public Property Permit,
Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any
Caltrans Permits required.
• Timely notification of construction schedules shall be given to all affected
agencies (e.g., Big Blue Bus, Police Department, Fire Department,
Department of Public Works, and Planning and Community Development
Department) and to all owners and residential and commercial tenants of
property within a radius of 500 feet.
• Construction work shall be coordinated with affected agencies in advance of
start of work. Approvals may take up to two weeks per each submittal.
• The Strategic Transportation Planning Division shall approve of any haul
routes, for earth, concrete or construction materials and equipment hauling.
Exhibit I Page 2
CON -2(a) Diesel Eauinment Mufflers
All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory - recommended mufflers.
CON -2(b) Electrically- Powered Tools.
Electrical power shall be used to run air compressors and similar power tools.
CON -2(c) Restrictions on Excavation and Foundation /Conditioning.
Pile driving, excavation, foundation- laying, and conditioning activities (the noisiest
phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00
PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa
Monica Municipal Code.
CON -2(d) 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 at to 83 dB or less from
8:00 to 6:00 PM weekdays and 9:00 AM to 5:00 PM Saturdays. Per the Noise Ordinance,
construction noise may exceed 83 dB if it only occurs between 10:00 AM and 3:00 PM.
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 around the
perimeter of the project construction site.
CON -2(e) Construction Sign Posting.
In accordance with Municipal Code Section 4.12.120, 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 numbers where
violations can be reported and complaints associated with construction noise can be
submitted.
CON -3(a) ROG Control Measures.
The applicant shall ensure that architectural coatings used on the project comply with
SCAQMD Rule 1113, which limits the VOC content of architectural coatings.
Exhibit I Page 3
CON-3(b) FuRitive Dust Control Measures
The following shall be implemented during construction to minimize fugitive dust and
associated particulate emissions:
• Sufficiently water all excavated or graded material to prevent excessive
amounts of dust.
• Watering shall occur at least three times daily with complete coverage,
preferably at the start of the day, in the late morning and after work is done for
the day.
• Cease all grading, earth moving or excavation activities during periods of high
winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as
to prevent excessive amounts of dust. Securely cover all material transported
on and off -site to prevent excessive amounts of dust.
• Cover all soil stockpiles.
• Limit on -site vehicle speeds to 15 mph.
• Install wheel washers where vehicles enter and exit the construction site onto
paved roads or wash off trucks and any equipment leaving the site each trip.
• Appoint a construction relations officer to act as a community liaison
concerning on -site construction activity including resolution of issues related
to PM 10 generation.
• Sweep streets at the end of the day using SCAQMD Rule 1186 certified street
sweepers or roadway washing trucks if visible soil is carried onto adjacent
public paved roads (recommend water sweepers with reclaimed water).
Exhibit Page 4
EXHIBIT "J"
ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
Armbruster & Goldsmith, LLP
11611 San Vicente Blvd., Suite 900
Los Angeles, CA 90049
Attn: Howard Weinberg, Esq.
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT ( "Agreement") is
made and entered into by and between a
( "Assignor "), and a
( "Assignee ").
RECITALS
A. The City of Santa Monica ( "City ") and Assignor entered into that certain
Development Agreement dated , 2012 (the "Development
Agreement "), with respect to the real property located in the City of Santa
Monica, State of California more particularly described in Exhibit "A"
attached hereto (the "Project Site ").
B. Assignor has obtained from the City certain development approvals and
permits with respect to the development of the Project Site, including without
limitation, approval of the Development Agreement and a tract map for the
Project Site (collectively, the "Project Approvals ").
C. Assignor intends to sell, and Assignee intends to purchase, the Project Site.
D. In connection with such purchase and sale, Assignor desires to transfer all of
the Assignor's right, title, and interest in and to the Development Agreement
and the Project Approvals with respect to the Project Site. Assignee desires
to accept such assignment from Assignor and assume the obligations of
Assignor under the Development Agreement and the Project Approvals with
respect to the Project Site.
Exhibit J Page I
THEREFORE, the parties agree as follows:
Assignment. Assignor hereby assigns and transfers to Assignee all of
Assignor's right, title, and interest in and to the Development Agreement
and the Project Approvals with respect to the Project Site. Assignee
hereby accepts such assignment from Assignor.
2. Assumption. Assignee expressly assumes and agrees to keep, perform,
and fulfill all the terms, conditions, covenants, and obligations required to
be kept, performed, and fulfilled by Assignor under the Development
Agreement and the Project Approvals with respect to the Project Site.
Effective Date. The execution by City of the attached receipt for this
Agreement shall be considered as conclusive proof of delivery of this
Agreement and of the assignment and assumption contained herein. This
Agreement shall be effective upon its recordation in the Official Records
of Los Angeles County, California, provided that Assignee has closed the
purchase and sale transaction and acquired legal title to the Project Site..
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the dates set forth next to their signatures below.
"ASSIGNOR"
[SIGNATURE BLOCK]
"ASSIGNEE"
[SIGNATURE BLOCK]
Exhibit J Page 2
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received
by the City of Santa Monica on this day of
CITY OF SANTA MONICA
C
Planning Director
Exhibit S Page 3
EXHIBIT "K"
VTP RESIDENT RELOCATION PLAN
OPTION #1
Move to City of Santa Monica -Owned Mountain View Mobilehome Park
Any resident who chooses to move into the City -owned Mountain View Mobilehome
Park will be offered the following:
Owner shall purchase, install, and transfer title to resident a manufactured home
that is reasonably similar architecturally to those previously approved by the
ARB, with the exception of green screens for all units and corrugated metal
roofing material for units that do not have frontage on Stewart Street. Installation
of the replacement manufactured home shall include all utility connections.
2. Owner payment of moving costs associated with moving all personal property
based on an actual move by a professional moving company or a $500 cash
moving allowance if chosen by the resident.
3. Services of a relocation specialist and/or case manager to assist such resident
through all aspects of the relocation to include, but not be limited to, explaining
options and relocation assistance program details, identifying replacement sites,
coordinate moving arrangements and payment of benefits.
4. Owner to assume cost of disposing trailers.
5. Owner payment of $1,500 for personal property allowance.
Benefits are contingent upon the unit owner cooperating with the Owner in the
acquisition and completing of documents for the transfer of title of the resident's existing
VTP unit.
OPTION 42 — Fixed Payment In -Lieu of Actual Move Costs
While replacement housing may be available, the locations of the replacement housing
may not be in a location acceptable to a mobilehome owner. Therefore, any resident who
chooses not to move or does not move their unit within the legal noticing requirements,
an alternative mitigation benefit to facilitate moving to other replacement housing of the
resident's choice, is offered as follows:
1. Owner will make the greater of $20,000 or a lump sum cash payment based on
estimates by at least 3 professional moving companies for the reasonable cost to
actually move a unit to another mobilehome park up to 50 miles, assuming it could be
moved. The estimates may be obtained by either the Owner or the resident.
Exhibit K Page 1
2. Payments will be made to the legal owner of the unit.
3. Owner payment of moving costs associated with moving all personal property based
on an actual move by a professional moving company or a $500 cash moving
allowance if chosen by the resident.
4. Services of a relocation specialist and /or case manager to assist such resident through
all aspects of the relocation to include, but not be limited to, explaining options and
relocation assistance program details, identifying replacement sites, coordinate
moving arrangements and payment of benefits.
5. Owner to pay to the legal owner of the unit the fair market value of the unit, as stated
in Table 6 of the Tenant Impact Report.
6. Owner to assume cost of disposing trailers.
Benefits are contingent upon the unit owner cooperating with the Owner in the
acquisition and completing of documents for the transfer of title of the resident's existing
VTP unit.
OPTION #3 — Temporary Relocation during Proiect Construction with Move Back to
VTP apartments in new Project
Any resident who chooses to temporarily relocate to replacement housing that could
increase their existing housing costs and elects to have the right of first refusal on rent -
controlled, affordable apartments in the new project will be offered the following:
Payment of tenant relocation assistance as required by SMMC Chapter 4.36, subject
to paragraph 2 below.
(A) For low income, very low income or extremely low income households,
payment of rental differential, if any, between existing total rent and replacement
housing total rent for up to the earlier of project completion or seven and one -half
(7.5) years of tenancy in a comparable unit. For purposes of this Agreement, a
comparable housing unit shall be identified based on factors including but not be
limited to: size, price, location, proximity to medical and recreational facilities, parks,
community centers, shops, transportation, schools, places of worship, amenities, and
if desired by the resident, location of the rental unit in the City of Santa Monica. The
replacement housing total rent per month shall not exceed $1,352.00 per month. If
tenant relocation assistance is less than the rental differential then tenant relocation
assistance shall be subtracted from rental differential. If tenant relocation assistance
exceeds rent differential, then rent differential is not proposed.
(B) For households that do not qualify as low income, very low income or
extremely low income, payment of rental differential, if any, between existing total
rent and replacement housing total rent for up to the earlier of project completion or
Exhibit K Page 2
four (4) years of tenancy in a comparable unit. For purposes of this Agreement, a
comparable housing unit shall be identified based on factors including but not be
limited to: size, price, location, proximity to medical and recreational facilities, parks,
community centers, shops, transportation, schools, places of worship, amenities, and
if desired by the resident, location of the rental unit in the City of Santa Monica.
The replacement housing total rent per month shall not exceed $1,352.00 per month.
If tenant relocation assistance is less than the rental differential then tenant relocation
assistance shall be subtracted from rental differential. If tenant relocation assistance
exceeds rent differential, then rent differential is not proposed.
3. Owner payment of moving costs associated with moving all personal property based
on an actual move by a professional moving company or a $500 cash moving
allowance if chosen by the resident.
4. Owner payment of moving costs associated with moving all personal property back to
the Project based on an actual move by a professional moving company or a $500
cash moving allowance if chosen by the resident.
5. Services of a relocation specialist and/or case manager to assist such resident through
all aspects of the relocation to include, but not be limited to, explaining options and
relocation assistance program details, identifying replacement sites, coordinate
moving arrangements and payment of benefits. The options described above more
than adequately mitigate the adverse impacts of the closure upon the residents of the
VTP.
6. Upon completion of construction of the Project, Developer shall give VTP Residents
who select this Option #3 a notice of their right to move in. Any VTP Resident who
elects to return to the Project pursuant to any of the foregoing relocation options in
this Exhibit "K" must execute Developer's standard form lease for the Project within
forty -five (45) days after Developer delivers written notice to such VTP Resident that
the Project is available for occupancy. If a VTP Resident fails to execute a lease
and /or take occupancy within such 45 -day period, then thereafter Developer shall
have no further obligation to lease a dwelling unit in the Project to any member of
such VTP Resident. Senior and disabled VTP Residents who select this Option #3
and who are income qualified will be given preference on moving into the Extremely
Low Income Units.
7. Upon completion of construction of the Project, if there are more than 7 qualified
extremely low income VTP residents who choose this option, then for all such
qualified residents in excess of 7, they shall be offered leases in the Very Low Income
Units in the Project; provided that the rent payable under such leases will not exceed
the Extremely Low Income rents, as defined by this Agreement.
8. Owner to pay to the legal owner of the unit the fair market value of the unit, as stated
in Table 6 of the Tenant Impact Report.
Exhibit K Page 3
9. Owner to assume cost of disposing trailers.
10. Owner payment of $1,500 for personal property allowance.
Benefits are contingent upon the unit owner cooperating with the Owner in the
acquisition and completing of documents for the transfer of title of the resident's existing
VTP unit.
OPTION #4 — Move to Another Mobilehome Park Outside of Santa Monica
Any resident, who chooses and is able to move their mobilehome or cannot move their
unit (e.g. trailers and recreational vehicles) and would like to live in another mobilehome
park that is not located in the City of Santa Monica, will be offered the following:
1. The reasonable cost of physically moving the mobilehome and movable
improvements such as patios, carports and porches, to a new site within 50 miles of
VTP, which includes but is not limited to, dismantling, packing, moving,
reassembling, rebuilding, including skirting and tie - downs, and unpacking, as
necessary.
2. If the unit (e.g. trailers and recreational vehicles) cannot be reasonably moved to
another mobilehome park, Owner shall purchase, install, and transfer title to resident
a comparable, qualifying replacement mobilehome satisfactory to the resident. For
purposes of this Agreement, the factors in determining a comparable, qualifying
replacement mobilehome shall include but not be limited to the following: size and
amenities.
3. Owner payment of moving costs associated with moving all personal property based
on an actual move by a professional moving company or a $500 cash moving
allowance if chosen by the resident.
4. If an actual move by a professional moving company is chosen, as described above,
payment of new utility connections, when replacing the mobilehome owner's current
service (excluding any possible utility deposits charged by the new providers or
additional services).
5. Services of a relocation specialist and /or case manager to assist such resident through
all aspects of the relocation to include, but not be limited to, explaining options and
relocation assistance program details, identifying replacement sites, coordinate
moving arrangements and payment of benefits.
6. Owner to assume cost of disposing trailers.
7. Owner payment of $1,500 for personal property allowance.
Exhibit K Page 4
Benefits are contingent upon the unit owner cooperating with the Owner in the
acquisition and completing of documents for the transfer of title of the resident's existing
VTP unit.
OPTION #5 — Move to Conventional Rental Housing
Any resident who chooses to move to conventional rental housing will be offered the
following:
Payment of tenant relocation assistance as required by SMMC Chapter 4.36, subject
to paragraph 3 below.
2. Payment of rental differential, if any, between existing total rent and replacement
housing total rent for up to four (4) years of tenancy in a comparable unit. For
purposes of this Agreement, a comparable housing unit shall be identified based on
factors including but not be limited to: size, price, location, proximity to medical and
recreational facilities, parks, community centers, shops, transportation, schools,
places of worship, amenities, and if desired by the resident, location of the rental unit
in the City of Santa Monica. The replacement housing total monthly rent shall not
exceed $1,352.00 per month. If tenant relocation assistance is less than the rental
differential then tenant relocation assistance shall be subtracted from rental
differential. If tenant relocation assistance exceeds rent differential, then rent
differential is not proposed.
3. Owner payment of moving costs associated with moving all personal property based
on an actual move by a professional moving company or a $500 cash moving
allowance if chosen by the resident.
4. Services of a relocation specialist and /or case manager to assist such resident through
all aspects of the relocation to include, but not be limited to, explaining options and
relocation assistance program details, identifying replacement sites, coordinate
moving arrangements and payment of benefits. The options described above more
than adequately mitigate the adverse impacts of the closure upon the residents of the
VTP.
5. Owner to pay to the legal owner of the unit the fair market value of the unit, as
indicated in Table 6 of the Tenant Impact Report.
6. Owner to assume cost of disposing trailers.
7. Owner payment of $1,500 for personal property allowance.
Benefits are contingent upon the unit owner cooperating with the Owner in the
acquisition and completing of documents for the transfer of title of the resident's existing
VTP unit.
Exhibit K Page 5
OPTION #6 — Mutual Agreement Between Owner and VTP Resident
At any time in the course of the Park closure process, the residents and Owner may find it
agreeable to achieve settlement by means of other compensation and /or agreement not
listed in the scenarios above including moving to available spaces within the Residual
Parcel. Not all of the occupants of the Park are in the same financial situation or may feel
that the compensation provided by the above options does not meet their specific and
unique needs. While this Agreement outlines possible relocation options in the closure
process, it does not outline options tailored to the very specific needs of every affected
resident. These residents and Owner may therefore agree to any and all alternative
benefits, services and /or compensation to secure title for removal of the mobilehome that
is deemed mutually beneficial to both parties.
OPTION #7 — Seasonal Residents
VTP Residents who have a primary residence at a location other than VTP shall be
entitled to tenant relocation assistance as required by SMMC Chapter 4.36.
2. Owner payment of moving costs associated with moving all personal property based
on an actual move by a professional moving company or a $500 cash moving
allowance if chosen by the resident.
3. Owner to pay to the legal owner of the unit the fair market value of the unit, as
indicated in Table 6 of the Tenant Impact Report.
4. Owner to assume cost of disposing trailers.
Benefits are contingent upon the unit owner cooperating with the Owner in the
completing of documents for the transfer of title of the unit.
RELOCATION PROCEDURES
Developer shall select and execute a contract with a relocation consultant within
30 days of approval of this Agreement, which selection shall be approved by the
Planning Director. The scope of services and reporting requirements in the
relocation consultant's contract shall be approved by the City Attorney. The
Planning Director and City Attorney shall review and approve the relocation
consultant's contract within fifteen (15) business days of submittal.
2. The process and procedures for residents to claim relocation benefits and obtain
advisory assistance shall be as follows:
Claim Relocation Benefits
At residents' request, the relocation consultant will meet with each resident to
verify information, gather together required documentation, and fill out
applications as needed: As residents choose from the list of relocation options,
Exhibit K Page 6
the resident can avail themselves of the relocation benefits. The process and
procedures for residents claiming their relocation benefits is as follows:
L Residents will provide all necessary documentation to substantiate
eligibility for the monetary assistance
H. Assistance amounts would be as listed in the mitigation options above
iii. Resident will notify relocation specialist of intent to move and relocation
specialist, in conjunction with resident, will complete and submit to
Owner required claim forms to request eligible funds;
iv. Owner will review and, if in conformance with previously approved
mitigation options, will authorize payment, or request additional
information (e.g. requesting transfer of clear title to unit);
v. The relocation consultant will issue benefit checks, which will be
available on -site for pick -up, delivered personally or mailed, depending on
circumstances;
vi. Receipts of payments will be obtained and maintained in the relocation
case file.
Advisory Assistance
Throughout the entire relocation process, the relocation consultant will be
available to assist residents with their relocation assistance needs including the
following:
i. Be available to provide continuous explanation of benefits so residents
have a full understanding of the issue related to closure of VTP.
ii. Provide residents with on -going reports of available replacement housing
to preferred locations of the resident.
iii. Provide assistance as needed and requested to lessen hardships by working
with the resident and housing resources including but not limited to real
estate agents, property managers, and lenders to secure replacement
housing.
iv. If applicable, facilitate interaction between resident and professional
furniture movers and companies that will disassemble, transport and
reinstall a mobilehome, as defined by Civil Code Section 798.3.
v. Facilitate interaction between resident and health care providers and other
social service providers.
vi. Assist residents in inspecting replacement housing if resident does not
have a car or cannot drive by coordinating transportation so resident can
inspect replacement housing opportunities.
vii. Provide assistance in claiming eligible monetary benefits from Owner.
viii. Other individual assistance that may be required on a case -by -case basis.
ix. If necessary, a temporary project site office may be maintained throughout
the relocation process that will be accessible to all VTP residents to
provide relocation assistance. The office will be staffed with an
experienced relocation coordinator, counselors and other professionals and
Exhibit K Page 7
office hours will be scheduled to accommodate residents during normal
business hours and on -call service (if necessary) thereafter.
The Owner shall serve the following documents, to be reviewed and approved by
the Planning Director within five (5) business days of submittal, with the Notice
of Closure required by Section 5.6.3 of this Agreement:
• Clear explanation of payments and relocation benefits required by this
Exhibit "K 1;
• Claim form that explains the requirements for how VTP residents may file
claims for benefits;
• Grievance procedures; and
• How residents may obtain advisory assistance from the relocation consultant.
4. Prior to serving Notice of Closure pursuant to Section 5.6.2 of this Agreement,
Owner shall post an acceptable security with the City of Santa Monica to satisfy
the obligations set forth in this relocation plan in a sum not less than $18,500 for
each VTP resident. After each resident has selected a relocation option and
within fifteen (15) business days of the conclusion of the 120 -day period required
by Item #6 of these Relocation Procedures, Owner shall post an additional
acceptable security with the City of Santa Monica that reflects the full amount of
relocation options chosen by VTP residents. With respect to the additional
security required for residents that select Option 2(a), Owner shall post the full
amount of the rent differential for the initial five (5) year period within fifteen
(15) business days of the conclusion of the 120 -day period required by Item #6 of
these Relocation Procedures. If the Project is not completed within five (5) years
of the Effective Date, before the expiration of that five year period, Owner shall
post the full amount of the rent differential for year six. If the Project is not
completed within six (6) years of the Effective Date, before the expiration of that
six year period, Owner shall post the full amount of the rent differential for year
seven. If the Project is not completed within seven (7) years of the Effective
Date, before the expiration of that seven year period, Owner shall post the full
amount of the rent differential for the following six (6) month period. Failure to
timely post the additional security required by this paragraph shall constitute an
Event of Monetary Default and shall be grounds for termination of this
Development Agreement pursuant to Section 11.4. The relocation consultant will
be responsible for administering and disbursing the relocation benefits to the
residents. Notwithstanding anything to the contrary in this sub -part 4, the Owner
may establish an escrow with an escrow agent and the relocation consultant, on
terms reasonably acceptable to the City, and deposit into such escrow funds equal
to Owner's obligations set forth above and such escrow funds shall constitute
adequate security for Owner's obligations regarding payment of these relocation
amounts.
5. Payments and all benefits outlined herein will only be paid and/or provided to
VTP Residents who have not already relocated from the Village Trailer Park.
Exhibit K Page 8
Payments and benefits and rights herein described including but not limited to
rights in the Rental Housing Units in the Project will be personal to, and will not
accrue to anyone other than, the VTP Residents. No rights herein will be
assignable nor shall any heirs or beneficiaries or other parties gain any rights to
any of the benefits and /or payments described herein.
6. VTP Residents shall have 120 days after service of Notice of Closure pursuant to
Section 5.6.2 of this Agreement to select a relocation option. Residents who do
not choose an option within the 120 days shall be deemed to have chosen, at
Developer's option, either (a) the cash payment portion of Option #2 or (b) to be
relocated to the Residual Parcel in a qualifying mobilehome to be provided by the
Developer as set forth in Option #4. In the event that VTP residents cannot
qualify to move to Mountain View, they will be provided first option for available
spaces at the Residual Parcel.
If and when the Condominium Units are completed in the Project and placed on
the market to be sold, VTP Residents who have delivered to Developer a valid
address for notices will receive written notice from Developer of the pending
Condominium Unit sales and such residents will have a thirty day "first look"
period to select a Condominium Unit and to purchase the same at a 5% discount
from market prices.
8. Developer shall accept Section 8 vouchers, if available, from VTP Residents who
return to the Project in accordance with the terms of this Exhibit "K ".
MANNER OF PAYMENTS
Payments and all benefits outlined herein shall be made according to the following
schedule:
1. Upon notifying the relocation consultant of the selection of a relocation option,
residents who select Option #3 or #5 shall receive $2,704. Residents who select
Option #1 or #4 shall receive the first and last month's rent required by the
mobilehome park selected by the resident.
2. Upon notifying the relocation consultant of the selection of a relocation option,
residents who select Option #2, or #7 shall receive the full payments and benefits as
indicated in each Option, subject to meeting all requirements in each Option.
3. Upon notifying the relocation consultant of the selection to accept the moving
allowance for moving personal property rather than have the Owner pay for the
move, residents shall receive the $500 cash moving allowance.
4. Upon completing documents for the transfer of title of the resident's existing VTP
unit to the Owner, residents shall receive the remainder of the payments and
relocation benefits for their selected relocation option with the exception of
Option #3 and Option #5.
Exhibit K Page 9
For residents who select Option #3 or #5, upon completing documents for transfer
of title of resident's existing VTP unit, residents shall receive full payment for the
fair market value for their existing unit as indicated in Table 6 of the Tenant Impact
Report and receive the rent differential in monthly installments based on the
requirements of the Option selected under this Relocation Plan.
Exhibit K Page 10
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EXHIBIT "M"
Exceptions to title to Residual Parcel
Water rights, claims or title to water, whether or not disclosed by the public records.
2. Matters which may be disclosed by an inspection and /or by a correct Land Title Survey.
The affordable housing covenant approved by the City pursuant to Section 2.6.2(n)(iv).
Exhibit M Page I
Approved and adopted this 27th day of November, 2012.
ichard
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2414 (CCS) had its introduction on November 14,
2012, and was adopted at the Santa Monica City Council meeting held on
November 27, 2012, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Holbrook, McKeown, O'Connor, O'Day
Mayor Bloom
Mayor Pro Tern Davis
Absent: Councilmembers: None
Abstain: Councilmember: Shriver
A summary of Ordinance No. 2414 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah P. Gorman, City Clerk