O2454-nozonecode.pdfThis Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. HINES: HINES 26TH STREET, LLC, a Delaware limited liability company By:-----------Name: ______________________ __ Title: ____________ _ By: -------------------Name: ____________________ ___ Title: ___________ __ CITY: CITY OF SANTA MONICA, a municipal corporation By: -----------Name: ______________________ __ Title: ____________ _ ATTEST: By: ------------Name: ________________________ __ City Clerk APPROVED AS TO FORM: By: ---------------Name: ----~~~----------------City Attorney 85
EXIITBIT "A" LEGAL DESCRIPTION OF PROPERTY REAL PROPERTY IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE RANCHO SAN VICENTE SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75o 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75o 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEY ARD, II 0 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA MONICA, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 77-1143449, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURF ACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED A -I
PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN VICENTE Y SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURF ACE OR THE RIGHT TO USE SAID SURF ACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED A-2
CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44o 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF TillS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF STEWART STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA MONICA, COUNTY OF LOS A-3
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK I PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 9, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEY ARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APN: 4268-001-040 and 4268-001-048 A-4
EXHIBIT "B" PROJECT PLANS On file with City of Santa Monica
EXHIBIT "C" PERMITTED FEES AND EXACTIONS I. Each 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 with respect to the Building being processed by such Developer: (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 a construction permit for any Building, the applicable Developer shall pay the following City fees and all other standard fees imposed on similar development projects, except to the extent such fees are specifically addressed in this Agreement. • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Buildings & Safety) • Shoring Tieback fee (collected by EPWM) except that no shoring tieback fee shall be required for tiebacks on any portion of the Property, including, without limitation, that portion of the Property on which the new streets have been constructed; • Park and Recreation Facilities Tax (SMMC Section 6.80). Each Developer of a Residential Building shall pay a fee of $200.00 per residential unit, due and payable at the time of issuance of a building permit for the construction of such Building. • 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 byEPWM) • Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) • Fire line Meter fee (SMMC Section 7.12.090) (collected by EPWM) (d) Upon inspection of any Building in the Project during the course of construction of such Building, City inspection fees, not to exceed a reasonable cost for a reasonable number of inspections. C-I
These fees shall be reimbursed to such Developer in accordance with the City's standard practice should such Developer not proceed with development of the Building. 2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, the applicable 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) 3. Developers shall, collectively, reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill Developers for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developers shall submit payment to the City within 30 days. 4. Developers shall, collectively, reimburse the City for its ongoing actual costs to monitor the Project's compliance with this Development Agreement. The City shall bill Developers for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developers shall submit payment to the City within 30 days. C-2
EXHIBIT "D" MITIGATION MEASURES AND CONDITIONS OF APPROVAL D -I
SECTION A-MITIGATION MEASURES 1. MM4.2-1 The Applicant shall require by contract specifications that all diesel-powered equipment used will be retrofitted with after-treatment products (e.g., engine catalysts and diesel particulate filters). The engine catalysts shall achieve a minimum reduction of 15 percent for NOx from manufacturer specifications. The diesel particulate filters shall meet EPA Tier 3 standards, consistent with CARB approved Truck and Bus Regulation requirements in affect at the time the contract is approved. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 2. MM4.2-2 The Applicant shall require by contract specifications that all heavy-duty diesel-powered equipment operating and refueling at the project site use low-NOx diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel-powered trucks traveling to and from the project site). Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 3. MM4.2-3 The Applicant shall require by contract specifications that all heavy-duty diesel-powered equipment operations at the project site will utilize a phased-in emission control technology in advance of a regulatory requirement such that 30 percent of the fleet will meet USEPA Tier 4 engine standards for particulate matter control (or equivalent) starting in 2013 and for the duration of the project, consistent with CARB approved Truck and Bus Regulation requirements in affect at the time the contract is approved. 4. MM4.2-4 The Applicant shall require by contract specifications that construction equipment engines be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 5. MM4.2-5 The Applicant shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Monica prior to issuance of a grading permit. 6. MM4.2-6 As required by South Coast Air Quality Management District Rule 403-Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase D -2
of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: a. Application of soil stabilizers to inactive construction areas b. Quick replacement of ground cover in disturbed areas c. Watering of exposed surfaces three times daily d. Watering of all unpaved haul roads three times daily e. Covering all stock piles with tarp f. Reduction of vehicle speed on unpaved roads g. Post signs on-site limiting traffic to 15 miles per hour or less h. Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads i. Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas j. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip 7. MM4.2-7 The Applicant shall require by contract specifications that construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. Diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 8. MM4.2-8 The Applicant shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 9. MM4.2-9 The Applicant shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to facilitate smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 10. MM4.2-10 The Applicant shall require by contract specifications that construction activities that would affect traffic flow on the arterial system be scheduled to off-peak hours (9:30 am to 4:00pm). Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica D-3
11. MM4.2-11 The Applicant shall require by contract specifications that trackout roads will meet SCAQMD Table XI-C standards to achieve a 46 percent reduction in PM 10 .The construction contractor shall install gravel bed trackout apron (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) to reduce mud/dirt trackout from unpaved truck exit routes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 12. MM4.2-12 The Applicant shall require by contract specifications that the architectural coating (paint and primer) products used have a VOC rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 13. MM4.2-13 The Applicant shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 14. MM4.2-14 The Applicant shall require by contract specifications that pre-painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Monica. 15. MM4.2-15 Prior to issuance of a building permit, the Applicant shall demonstrate that the design of the proposed buildings or structures exceeds current Title 24 requirements (as provided for in the 2010 California Green Building Code [Title 24, Part 11]) by a minimum of15 percent or the 2013 California Green Building Code, whichever is more stringent, subject to review by the City of Santa Monica. Documentation of compliance with this measure shall be provided to the Planning Department for review and approval prior to issuance of the permit. Installation of the identified design features or equipment will be confirmed by the City of Santa Monica prior to certificate of occupancy. Any combination of the following design features may be used to fulfill this mitigation provided that the total increase in efficiency meets or exceeds the more stringent of 15 percent or the 2013 California Green Building Code: a. Increase in insulation such that heat transfer and thermal bridging is minimized b. Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption c. Incorporate dual-paned or other energy efficient windows d. Incorporate energy efficient space heating and cooling equipment e. Incorporate energy efficient light fixtures f. Incorporate energy efficient appliances g. Incorporate energy efficient domestic hot water systems D-4
h. Incorporate solar panels into the electrical system i. Incorporate cool roofs/light-colored roofing j. Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (as provided for in the 2010 California Green Building Code [Title 24, Part 11]) by a minimum of 15 percent or meets the 2013 California Green Building Code, whichever is more stringent. 16. MM4.2-16 The Applicant shall ensure that designs include all illumination elements to have controls to allow selective use as an energy conservation measure. 17. MM4.2-17 Prior to issuance of any certificate of occupancy, the Applicant shall demonstrate that all interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City of Santa Monica. 18. MM4.2-18 The Applicant shall ensure that maintenance activities during operation of the proposed project requiring the reapplication of architectural coating (paint and primer) shall use products that have a low to no VOC rating. 19. MM4.3-l Avoidance of Nesting Birds. To prevent impacts to nesting birds protected under the MBTA and California Fish and Game Code, the project applicant shall enforce the following: a. Where suitable vegetation and structures for nesting birds occur within 200 feet of project construction activities, all phases of project construction shall avoid the general nesting season (March 1 through August 31). b. If construction cannot avoid the general nesting season, the project applicant shall retain a qualified biologist to conduct a pre-construction survey for nesting birds prior to clearing, grading and/or construction activities on the project site. The survey shall be conducted within 72 hours prior to the start of construction. c. If any nesting birds are present within or immediately adjacent to the proposed project construction area, the following shall be required: i. The project applicant shall retain a qualified biologist to flag and demarcate the location of all nesting birds and monitor construction activities. Temporary avoidance of active bird nests, including the enforcement of an avoidance buffer of 25 to 200 feet, as determined by the qualified biological monitor, shall be required until the qualified biological monitor has verified that the youug have fledged or the nest has otherwise become inactive. Documentation of the nesting bird surveys and any follow-up D-5
monitoring, as necessary, shall be provided to the City within 10 days ofcompleting the final survey or monitoring event. 20. MM4.3-2 Mature Tree Preservation. Prior to commencement of construction activities and/or the removal or planting of any public tree species within the project area, the project applicant shall coordinate with the City of Santa Monica Director of Recreation and Parks and the City of Santa Monica Director of General Services to obtain the proper tree permits and delineate any applicable Tree Protection Zone areas, in compliance with the City of Santa Monica Tree Code and the City of Santa Monica Urban Forest Master Plan. 21. MM4.3-3 Tree Relocation and Removal Plan. Prior to commencement of construction activities and/or the removal or planting of any public tree species within the project area, the project applicant shall prepare a Tree Relocation and Removal Plan in accordance with the City of Santa Monica Urban Forest Master Plan that clearly identifies the public trees to be impacted, the reasons for the proposed removals or relocations, and shall contain the following information: a. The appraised value of the tree in relation to its relocation cost b. Existing utilities and other elements of the City's infrastructure c. The suitability of the tree for relocation, i.e., tree age, health, root and canopy structure d. The mature size of the tree e. Impact the relocated tree will have on the new site f. Long term and short term maintenance and irrigation requirements g. Chances of surviving relocation h. Public input obtained as part of the project's community design process i. Environmental benefits of the tree j. Aesthetic and/or cultural value The final Tree Relocation and Removal Plan shall be approved by the City Council. 22. MM4.3-4 Coral Tree Replacement. Coral trees removed as a result of the proposed project and that cannot be relocated shall be replaced on a 2:1 basis. Replacement coral trees shall consist of a minimum of 36-inch box trees. The replacement coral trees shall be planted within the Olympic Boulevard median to the extent that a relocation site is available as identified by the City of Santa Monica's Community Forester. If a relocation site within the Olympic Boulevard median is not available, another suitable relocation site may be identified by the City of Santa Monica's Community Forester. 23. MM4.4-1 The applicant shall prepare, implement and maintain a Construction Impact Mitigation Plan prior to issuance of a building permit to adequately manage traffic during construction and shall be designed to: a. Prevent traffic impacts on the surrounding roadway network D-6
b. Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable c. Ensure safety for both those constructing the project and the surrounding community d. Prevent substantial truck traffic through residential neighborhoods The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works Department, 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 issuance of grading or building permits. It 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. At a minimum, this shall include 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 shall 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 9:00AM and 4:00PM. This work includes 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. • 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 Pe1mit 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. D -7
Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction • The applicant shall 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). • The applicant shall obtain 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. • The applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Depattment, Fire Department, Public Works Department, and Planning and Community Development Department) and to all owners and residential and commercial tenants of propetty within a radius of 500 feet. • The applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. • The applicant shall obtain Transportation Management Division approval of any haul routes for earth, concrete, or construction materials and equipment hauling. 24. MM4.5-1 In the event that any prehistoric or historic-period subsurface archaeological features or deposits, including locally darkened soil ("midden"), that could conceal cultural deposits, animal bone, obsidian, and/or mortar are discovered during demolition/construction-related earth-moving activities, all ground-disturbing activity within a 1 00-meter radius of the resources shall be halted immediately, and the City of Santa Monica Planning and Community Development Director shall be notified within 24 hours. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's professional qualifications for Archaeology. The Planning and Community Development Director shall consult with the archeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by the Planning and Community Development Director and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. IfNative American archaeological, ethnographic, or spiritual resources m·e discovered, all identification and treatment of the resources shall be conducted by a qualified archaeologist and Native American representatives who are approved by the local Native American community as scholars of the cultural traditions. In the event that no such Native American is available, persons who represent tribal governments and/or organizations in the locale in which resources could be affected shall be consulted. When historic archaeological sites or historic architectural features are involved, all identification and treatment is to be carried D-8
out by historical archaeologists or architectural historians who meet the Secretary of the Interior's professional qualifications for Archaeology and/or Architectural History. 25. MM4.5-2 Should paleontological resources be identified at any project construction sites during any phase of construction, the construction manager shall cease operation within a 100-meter radius of the discovery and immediately notify the City of Santa Monica Planning and Community Development Department. The project proponent shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the Planning and Community Development Department shall dete1mine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. 26. MM4.5-3 If human remains are discovered during any demolition/construction activities, all ground-disturbing activity within a I DO-meter radius of the remains shall be halted immediately, and the Los Angeles County coroner shall be notified immediately, according to Section 5097.98 of the state Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Santa Monica Planning and Community Development Director shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines Section 15064.5(e) and Public Resources Code Section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Santa Monica Planning and Community Development Director, before the resumption of ground-disturbing activities within a I 00-meter radius of where the remains were discovered. 27. MM4.6-l Prior to issuance of a grading permit, a California-licensed Civil Engineer (Geotechnical) shall prepare and submit to the City of Santa Monica Building and Safety Department a detailed soils and geotechnical analysis. An evaluation of onsite faulting, which may require subsurface exploration using methods such as trenching, shall be performed in accordance with the City of D-9
Santa Monica's Guidelines for Geotechnical Reports (City of Santa Monica, 20 I 0 or successor thereto) in order to establish fault locations and potential recency of activity. The report shall include soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, expansive soils, soil erosion, and landscaping. 28. MM4.6-2 The proposed project shall comply with the recommendations of the final soils and geotechnical report, which has been reviewed and approved by the City in accordance with all applicable rules and regulations. These recommendations shall be implemented in the design of the project, including but not limited to measures associated with building setbacks, building placement, building design, site preparation, fill placement, temporary shoring and permanent dewatering, groundwater seismic design features, excavation stability, foundations, soil stabilization, establishment of deep foundations, concrete slabs and pavements, surface drainage, cement type and corrosion measures, erosion control, shoring and internal bracing, and plan review. 29. MM4.6-3 The proposed project structure shall not be supported directly on the landfill materials. If the landfill materials could not be completely removed, the structures within the limits of the landfill material shall be supported on pile foundations. 30. MM4.7-1 In accordance with SMMC Section 8.108.110, or any successor thereto, the Applicant shall ensure that all construction projects divert at least 70 percent of all construction debris from landfills. In addition, the project shall use green building materials, following the City's Green Building Ordinance, which may include the use of salvageable materials from existing buildings on-site. This can take the form of re-use of entire structures, re-use or repurposing of significant elements, such as beams or trusses, and recycling materials within the new project such as grinding paving and asphalt for use as base material at the site. These activities will increase the sustainability of the site through reduced waste materials from demolition, reduced need for new materials on site, and reduction of the ancillary transportation impacts from off-haul and delivery of materials to the site. 31. MM4.7-2 The Applicant shall ensure that all residential and commercial developments increase electrical energy efficiency by 20 percent beyond the 2008 Standards for Title 24 Part 6 energy efficiency standards or meet the 2013 California Energy Code, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: a. The Applicant shall ensure that ENERGY STAR Appliances are utilized in all residential uses. b. Use light emitting diode (LED) based energy efficient street lighting. c. Use occupancy sensors for all areas allowed by code, such as offices and conference rooms. D -10
d. The projects' interior building lighting shall use compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City of Santa Monica Building and Safety Department. e. Use Energy Efficient Roofing Materials. All roofing materials shall be Energy Star® certified. All roof products shall also be certified to meet American Society for Testing and Materials (ASTM) high emissivity requirements. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 32. MM4. 7-3 The Applicant shall ensure that all residential and commercial developments increase natural gas efficiency by 20 percent beyond the 2008 Standards for Title 24 Part 6 energy efficiency standards or meet the 2013 California Energy Code, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: • Exterior wall systems will be fully insulated beyond minimum 2008 Standards for Title 24 Part 6 energy efficiency standards. • Glazing will specifY insulated Low-E glass with thermal break window frame systems. • Where feasible, incorporate passive solar design features into the buildings, which may include roof overhangs or canopies that block summer shade, but that allow winter sun, from penetrating south facing windows. • Increase in insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption. • Incorporate dual-paned or other energy efficient windows. • Incorporate energy efficient space heating and cooling equipment. • Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended September 11, 2008; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of20 percent or meet the 2013 California Energy Code, whichever is more stringent. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation D-11
of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 33. MM4.7-4 The Applicant shall include the use of or contribution to increased renewable energy power generation such that at least 45 percent of the project's electricity comes fi·om renewable sources. This would be achieved by methods such as (but not limited to) the following: • Incorporate solar panels into the electrical system. e Incorporate cool roofs/light-colored roofing Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 34. MM4.7-5 The Applicant shall include at least one electrical outlet not more than 100 feet apart on each side of the exterior of new buildings to reduce emissions from gas-powered landscape maintenance equipment. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation ofthe identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 35. MM4.7-6 The Applicant shall ensure that all residential and commercial development reduce indoor water consumption by a minimum of 20 percent from 2008 Title 24 standards or meet the 2013 California Building Standards Law, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: • Install low-flow or waterless fixtures in public and residential restrooms, including but not limited to toilets, dishwashers, shower heads, washing machines, etc. • Control the flow of water to the garbage disposal. • Ensure water pressure and flows to dishwashers are set a minimum required setting. • Install flushometer (tankless) toilets with water-saving diaphragms and coordinate automatic systems with work hours so that they don't tun continuously in public restrooms. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 36. MM4.7-7 The Applicant shall ensure that all residential and commercial development reduce outdoor water consumption by a minimum of 10 percent D -12
from 2008 Title 24 standards or meet the 2013 Califmnia Building Standards Law, whichever is more stringent. The Applicant shall achieve this reduction through methods such as (but not limited to) the following: • Utilize water-efficient irrigation systems and drought tolerant plant palette and insure that sprinklers are directing water to landscape areas, and not to parking lots, sidewalks or other paved areas. • Adjust the irrigation schedule for seasonal changes. • Use brooms, squeegees, and wet/dry vacuums to clean surfaces before washing with water; do not use hoses as brooms; sweep or blow paved areas to clean, rather than hosing off(applies outside, not inside). • Avoid washing building exteriors or other outside structures. • Sweep and vacuum parking lots/sidewalks/window surfaces rather than washing with water. • Use a shut-off nozzle on all hoses that can be adjusted down to a fine spray so that water flows only when needed. • Install automatic rain shutoff device on sprinkler systems. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Division for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 37. MM4.7-8 The Applicant shall reduce waste through recycling and com posting such that 70 percent of waste is diverted from the landfill. Prior to issuance of a building permit, the applicant shall demonstrate that the proposed project incorporates exterior storage areas for recyclables and green waste and adequate recycling containers located in public/common areas pursuant to the adopted standards. Documentation of compliance with this measure shall be provided to the City of Santa Monica Building and Safety Depmtment for review and approval. Installation of the identified design features or equipment will be confirmed by the City prior to issuance of certificate of occupancy. 38. MM4.7-9 In lieu of mitigation measures MM4.7-2 through MM4.7-8, the project applicant may provide a quantitative accounting of GHG emissions to the City utilizing an alternative emissions reduction strategy for each phase of development within the proposed project such that the following requirements are met: • The reduction scenario must be submitted to and approved by the City before a building permit can be obtained. • The reduction scenario must detail the proposed measures and the reduction percentage from overall project emissions. • The reduction scenario must, at a minimum, meet the existing regulatmy standards at the time it is submitted. D-13
• The reduction scenario must be compliant with the City-implemented TDM requirements. • The reduction scenario must reduce total project emissions (mobile plus nonmobile) to below 10,000 MT C0 2 e annually. 39. MM4.8-l Prior to demolition and/or construction activities, the proposed project site shall be tested for asbestos and lead by a licensed contractor. The asbestos report shall be submitted to the South Coast Air Quality Management District for review and approval. In addition, copies of the asbestos report and the lead report shall be provided to the City of Santa Monica Building and Safety Division prior to the issuance of demolition permits. The contractor shall follow all applicable local, state, and federal codes and regulations related to the treatment, handling, and disposal of asbestos and lead if the proposed project requires asbestos and/or lead abatement. 40. MM4.8-2 Prior to the issuance of grading permits for the project site, the site developer(s) shall conclude all investigation and/or remediation activities. It shall be the responsibility of the site developer(s) to complete such investigation and/or remediation prior to construction of the project. Remediation shall be accomplished in a manner that reduces risk to below applicable standards and shall be completed prior to issuance of any occupancy permits. Closure report or other reports regarding iuvestigatimi and/or remediation activities regarding groundwater and/or soil shall be submitted to LAR WQCB and/or DTSC for review and approval. Approved reports that document the successful completion of required remediation activities, for contaminated soils and groundwater shall be submitted to the Santa Monica Fire Department and the City of Santa Monica Water Resources Division prior to the issuance of grading permits for site development. No construction shall occur in the affected area until reports have been accepted by the City. 41. MM4.8-3 In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction at the project site, construction activities iu the immediate vicinity of the contamination shall cease immediately. A qualified environmental specialist (e.g., a licensed Professional Geologist [PG], a licensed Professional Engineer [PE] or similarly qualified individual) shall conduct an investigation to identify and to determine the level of soil and/or groundwater contamination. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post-development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, D-14
appropriate agencies shall be notified (e.g., Santa Monica Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. 42. MM4.8-4 A Human Health Risk Assessment (HRA) shall be prepared to analyze potential concerns associated with possible hazardous emissions from the landfills and to determine if the hazardous emissions pose any actual endangerment to the project site. 43. MM4.9-1 Iftemporruy 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 contruninated groundwater shall be conducted in compliance with applicable regulatory requirements including the Los Angeles Regional Water Quality Control Board standards. 44. MM4.9-2 The Applicant shall design storm drain facilities (i.e., on-site detention facility) to ensure that the capacity flow does not exceed 1.8 cfs per acre per County of Los Angeles restriction on capacity limitation to the Pico-Kenter Canyon drain for the proposed project. Prior to any construction activities, the Applicant shall apply for a permit with the County of Los Angeles to obtain final approval to connect to the Pico-Kenter Canyon drain. The Applicant also shall submit storm drain facilities plans to the City of Santa Monica Department of Public Works to meet any additional conditions required by the City and approval to ensure that the flow capacity allowed by the County of Los Angeles are not exceeded. 45. MM4.12-1 The Applicant's construction contracts shall require implementation of the following construction best management practices (BMPs) by all construction contractors and subcontractors working in or around the project site to reduce construction noise levels: • The Applicant and its contractors and subcontractors shall ensure that construction equipment is properly muffled according to manufactures specifications or as required by the City's Department of Building and Safety, whichever is the more stringent. • The Applicant and its contractors and subcontractors shall place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible, to the satisfaction ofthe Department of Building and Safety. • The Applicant and its contractors and subcontractors shall implement noise attenuation measures which may include, but are not limited to, D-15
noise bmTiers or noise blankets to the satisfaction of the City's Department of Building and Safety. 46. MM4.12-2 The Applicant's contracts with its construction contractors and subcontractors shall include the requirement that construction staging areas, construction worker parking and the operation of emthmoving equipment within the project site, are located as far away from vibration-and noise-sensitive sites as possible. Contract provisions incorporating the above requirements shall be included as part of the project's construction documents, which shall be reviewed and approved by the City. 47. MM4.12-3 The Applicant shall require by contract specifications that heavily loaded trucks used during construction shall be routed away from residential streets to the extent possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. Mitigation Measures 4.16-1 through 4.16-10 shall be implemented by the Developer in accordance with the trip generation rates in the FEIR and the following impact threshold testing trigger table: Intersection Lincoln & Ocean Park Walgrove & Rose* Jurisdiction SM lA Mitigation Measure Approval Year Trigger At the intersection of Lincoln Boulevard and Ocean Park Boulevard the traffic signal shall be modified from protected to protected-permitted left-turn phasing for the eastbound and westbound approaches. The provision of some AM In Out 130 49 combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shaH be required. The 1---1---+---1 City of Santa Monica shall monitor the operation of this Intersection and adjust the signal timing and phasing as appropriate. At thE:!-Intersedto'n of 23rd Street ·a-nd oC'ea~·Park BQ:ule:vard; PM 70 60 an 'exclusive riiht-tu'rri lane-'shall-be _added ~m-,the eastbm.iild apPro·a~h.; To _ad::o,mmod~te_ the -right tuin.-Jane~ tbE,!.'-el(lsi:111g eastbound through Iane-:approach shall'-be shifted approximately_ two-feet·to--the 'north to p_fovlde io(Hll f6(a funCtional rJghHurn -lane. Peak period paikiilg ·resfrtctlons' sh:aiL-be implemented tor the:-first 75 fe"et_ of par~h"ig (apPi'~iril'ately three p"a,ikln'g' SPaces) dosest--tO _--t_he inters-eCtiOn' (e~istbo'und: oil _.Ocean Park' Boulevard west -'Of f'-.,-'-f'-'-'-+"'-''-'-1 23rd Stre'et) -to_ ajlow for vehicles, to rilake "e<istboi.Jild _right tur'n:S: CfiltoZ3'id street frOm--Ocean' ParkBc;lUievard,dUring thE!_ pea~ ·-periods '9-ild_ When space_ Is available 'outsiOe Qt:-peak peitoO~. Resti"IPlng and_ p_eak periCld: ,parkirig restrici:JO_ri Sigriage'-at -the _eastbound appr_o_a¢h of this_ interSect}oli shall be _ie'_qu!red. _ At the Intersection of Walgrove Avenue and Rose Avenue, the westbound approach to shall be converted from a shared left/through/right lane to a shared through/left-turn lane and AM one right-turn lane. If public ROW is needed to accommodate a right-turn lane on the westbound approach, the relocation of street lights, signage, and utilities along the westbound D -16 297 111
Intersection Jurisdiction . · Cl6verfleld & Sarita-Monica SM Bb_ulevard , I . ··. . .. . ·.·· .· 26th & Wilshire . . I 1<. St~wart& Oly!flpi¢ . ··· Centinela & 1-10 westbound* I ·.. . · . SM SM SM/lA .. .·. ••••• Mitigation Measure approach and the removal of two parking spaces is required. Implementation of this improvement would require LADOT approval. Developer shaH use Its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient Information and details to enable the City of los Angeles to evaluate implementing the mitigation measure. Approval Year Trigger In Out PM 137 313 ···.· .··.· .. At the-inters€ction -of Clov€rfield Boul!'!:vard lind Santa Monica BOuleva'rdi the_ left-tun) Phasing for the westbound leg of the CtOvetflEild Boulevard and Santa Monica BOuleVard l9ters'eci1on· 's'haH be ~ mO'difled-fro~ a prOtected ,p_haS·e· tO--a-permitted--protected pha·se.-The provision of a tombin~t]on of new slgnage, Cbnticille_i'_Cabinets, poleS, m'cisf armS,.deteCtOrs, ~n(i/or .signiil h¢ad~ Shall ~e n!_q-uirf::d~ The. ~-it¥_ -of' S:~nia MOnica·_ shalf-mOilitOr-_ihe oj)_€-nition· of this _liltEdSedlOn-_a lid-adju.st the signal timing arld_-phas_hlg aS approp~iate~~:T:-, _-, -AM -20 7 Only for Approval Year: At the intersection of 26th Street and Wilshire Boulevard, the protected-permitted phasing for the eastbound and westbound left-turn movements shall be modified to permitted phasing. Temporary signage during a period of adjustment for motorists and the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate . At ~he Stewarf_Stre_et an~ Olymp_ic_B~mlevard lntersectfon, the_ -PM 3 I ... · ... · ... · 4 "traffic Signal shall ~e inodlfled tO _p_rovide. pr0tect€d-Perinltl:e-d _ 1-, -l~ft~tu_rn_ PhasJrig _fcii-__ northbound and eaStbOund _apprOaches. _-___ .···· . .·· .. The. provlslon-'of-a .cornblniition·. of -·new slgnage,: cor'lti'olli:lr >PM ·:cabliletS, __ pol_es~:--mas(ai'mS;-detectOrS, aild/Or'-_Signa_l -heads -__ --I _--shall.be.require~. The_ City Of santa Monica __ shall·moiiito(the -. ~: 1 -·operatlo_n cif.thls lflteisectlon ana adjust the'_'signaltirriing arid -phasinga!{appr~Pricite_. ----: -·--~---:-:._ At the Intersection of Centlnela Avenue and the J-10 Westbound Ramps, the left-turn phasing at the northbound approach shall be converted from protected to permitted-protected. The provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this Intersection and adjust the signal timing and phasing as appropriate. Implementation of this Improvement would require lADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient Information and details to enable the City of los Angeles to evaluate implementing the mitigation measure. D-17 AM PM 3 ---90 34 4 · ... 34 79
Intersection CentlileJa·& venice* Barrington & Olympic* Jurisdiction lA lA Mitigation Measure Approval Year Trigger At the intersection ·of Centinela Avenue and Venice I;Jo.u_leVard, ~lgnal-ph_aslng: ~peratJOns·shaU be modified by c·Ori_Vertktg both the ea_stbounq and ~he wes~bound left-turn pl)a_ses-from ex~tuSively. _.protected left-turn . phaslrig -to prOtected-permlssive __ left~turn phasing._ The eastbound .'eft~turr1 and the westbound_-Ie_ft~turn si~naJs·shaJI· act simultaneous]y·to_-avoid AM drlver __ confuslon. _Implementation of thls_ improve!Jlent Y/ould require LADOT-·approval. Developer shall use its good -faith re_as_Qrlabl€! :effort'S-to_ Obtain-such approval~ -_t~duding filing applicatiqn. plans,_ specifi_cations, and studies: that provide suffrci~nt in~ormation and _d~tciils to -eriab_le the City-of-los Angel_es to evaluate implementing the miti~ation measure. At the intersection Barrington Avenue and Olympic Boulevard, the left-turn phasing for the eastbound leg shall be modified from a permitted phase to a protected-permitted phase. LADOT shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. The provision of a combination of new slgnage, controller cabinets, poles, mast arms, detectors, and/or signal heads PM shall be required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the City of Los Angeles to evaluate Implementing the mitigation measure. In Out 41 15 79 182 Af thE! lnters_ection of Federal Ave~ue ·a_nd Wlishiie BO~IeVaid, a northbo~nd rig_~Hurrl:-_oV~rl_~p--sha_ll ::b€' _installe~_-;_and .. ,the_ :share(Lthro~~h_/left-turn lane oil the -s()uthbou11d appro~ch ~n Federal }\_venue.shall-9e configured_ to an_ exdu_sive Jeft-turn lane._ The provision_-of ·a combination of_ new. signage,·· ·c_<mtr{jl_le!r CablrietS, poles.-.mast arms, detectors. <;~nd/Ol\s_lgn_al LA heads ·shall be required. hl1plementation of this lm'prov~_ment 1--'--J-~=+-~c,J would.-ret:(ul-re_LADDT approval. Developer_ sh~ll use its good faith. reasonable·_efforts.:to obtain such approval, .. indl!dlng· fiHrig· ·-application planS, -specifications, .and--_ studies: _that piovidEi Sufflcieiit lnform3.tidh ~nd deta_iis to enabl_e the! Ci_ty of los-Angeles to e~aluate· _ lmplem~nting · the_-mjti_gati<?n measure. *requires City of Los Angeles approval and/or Caltrans 48. MM4.16-1 At the intersection of Lincoln Boulevard and Ocean Park Boulevard the traffic signal shall be modified from protected to protected-permitted left-turn phasing for the eastbound and westbound approaches. The provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 49. MM4.16-2 At the intersection of23'd Street and Ocean Park Boulevard, an exclusive right-turn lane shall be added on the eastbound approach. To accommodate the right turn lane the existing eastbound through lane approach shall be shifted approximately two feet to the north to provide room for a functional right-turn lane. Peak period parking restrictions shall be implemented for the first 75 feet of parking (approximately three parking spaces) closest to the D-18
intersection (eastbound on Ocean Park Boulevard west of23rd Street) to allow for vehicles to make eastbound right turns onto 23rd Street fi·om Ocean Park Boulevard during the peak periods and when space is available outside of peak periods. Restriping and peak period parking restriction signage at the eastbound approach of this intersection shall be required. 50. MM4.16-3 At the intersection of Cloverfield Boulevard and Santa Monica Boulevard, the left-turn phasing for the westbound leg of the Cloverfield Boulevard and Santa Monica Boulevard intersection shall be modified from a protected phase to a permitted-protected phase. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 51. MM4.16-4 At the intersection of 26th Street and Wilshire Boulevard, the protected-permitted phasing for the eastbound and westbound left-turn · movements shall be modified to permitted phasing. Temporary signage during a period of adjustment for motorists and the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 52. MM4.16-5 At the Stewart Street and Olympic Boulevard intersection, the traffic signal shall be modified to provide protected-permitted left-turn phasing for northbound and eastbound approaches. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. 53. MM4.16-6 At the intersection ofCentinelaAvenue and the I-10 Westbound Ramps, the left-turn phasing at the northbound approach shall be converted from protected to permitted-protected. The provision of some combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. The City of Santa Monica shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. Implementation of this improvement would require LADOT approval, a Caltrans Encroachment Permit, and Caltrans review and approval of a traffic report and engineering plans. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 54. MM4.16-7 At the intersection ofWalgrove Avenue and Rose Avenue, the westbound approach to shall be converted from a shared left/through/right lane to a shared through/left-turn lane and one right-turn lane. If public ROW is needed to accommodate a right-turn lane on the westbound approach, the relocation of D -19
street lights, signage, and utilities along the westbound approach and the removal of two parking spaces is required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 55. MM4.16-8 At the intersection of Centinela Avenue and Venice Boulevard, signal phasing operations shall be modified by convetting both the eastbound and the westbound left-turn phases from exclusively protected left-turn phasing to protected-permissive left-turn phasing. The eastbound left-turn and the westbound left-turn signals shall act simultaneously to avoid driver confusion. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 56. MM4.16-9 At the intersection Barrington Avenue and Olympic Boulevard, the left-turn phasing for the eastbound leg shall be modified from a permitted phase to a protected-permitted phase. LADOT shall monitor the operation of this intersection and adjust the signal timing and phasing as appropriate. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 57. MM4.16-10 At the intersection of Federal Avenue and Wilshire Boulevard, a northbound right-turn overlap shall be installed and the shared through/left-turn lane on the southbound approach on Federal Avenue shall be configured to an exclusive left-turn lane. The provision of a combination of new signage, controller cabinets, poles, mast arms, detectors, and/or signal heads shall be required. Implementation of this improvement would require LADOT approval. Developer shall use its good faith reasonable efforts to obtain such approval, including filing application plans, specifications, and studies that provide sufficient information and details to enable the city of Los Angeles to evaluate implementing the mitigation measure. 58. MM4.16-ll In accordance with the L.A. CEQA Thresholds Guide and in consultation with LADOT, one of the following traffic calming measures shall be installed on Idaho Avenue east ofCentinela Avenue and a Neighborhood Traffic Management Program shall be prepared. • Speed humps • Signalized mid-block pedestrian crosswalks D-20
• Traffic signal timing modifications • Additional stop signs • Speed limit reductions • Diverters or semi-diverters 0 Cul-de-sac or street closure • Chokers or narrowing of street widths • Turn restrictions 59. MM4.17-1 Prior to issuance of a Precise Grading or Building Permit for each phase of the project, a hydraulic water capacity analysis is required to determine the water improvements necessary to adequately protect the property per the Fire Department requirements. The developer shall be required to upgrade/improve the City's water system to meet the water demands to the property and/or othetwise mitigate the impacts of the project at no cost to the City. The developer shall coordinate this effort with the Public Works and Fire Departments and shall be responsible to pay the City for all related fees required to perform the analysis. 60. MM4.17-2 Prior to issuance of a Precise Grading or Building Permit for each phase of the project, the Applicant shall prepare a sewer analysis and submit it to the Department of Public Works for review and approval. The analysis shall specifically identify constraints and system deficiencies, including requirements for new connections or upgrades to existing stubout connections, associated with development of the proposed project. The project applicant shall pay all applicable impact fees for wastewater and other utilities as established by the City. D-21
SECTION B -CONDITIONS OF APPROVAL Project Specific Conditions I. The Project shall provide the Significant Project Features and LUCE Community Benefits as established in Section 2.6 and 2.7 of this Agreement, which are expressly incorporated herein by reference. 2. In its design review of the project, the Architectural Review Board shall pay particular attention to the following: a. The perceived mass of the North Elevation of Building 5 and the length of the interior corridors; b. Ground floor pedestrian orientation of Building 5 in order to address issues of solar access and natural air in the exterior common areas; c. Access to natural daylight and ventilation for the ground floor residential units facing the interior courtyard of Building 5; d. The design of the Eastern Elevation and ground floor open space of Building 5 to fulfill its role as a focal point in the Bergamot Area Plan as a transition point between the Mixed Use Creative District and Bergamot Transit Village; e. The hierarchy, location, and orientation of ground floor open spaces in relation to the adjacent ground floor building spaces; f. The placement of trees and landscaping on the property so that raised planters are avoided in favor of design strategies such as benning combined with landscape design elements. g. Where raised planters are used, treatment to ensure their integration into the streets and open space. h. The ability of trees to survive on top of a parking garage. i. The pedestrian orientation and activation of the ground floor of Building I particularly on the North and West sides of the Building and their relationship to the rest of the Project. j. The flatness of the North and West Elevations of Building I. k. Design solutions to address urban runoff mitigation requirements of the project. I. The use of building typologies, building form and materials to achieve the objectives for physical innovation in building design as outlined in the Bergamot Area Plan. m. Activation of the pebble building at the corner of Olympic and 26th n. Minimizing the institutional look of Building 3 in order to achieve greater architectural interest and texture present in other residential buildings. 3. Trees planted within the easements identified in Exhibits P-1, P-2, P-3, P-4, and P-5 shall be flush with the sidewalk and be planted in a manner that ensures their long-term survival. D -22
CITY PLANNING Administrative Conditions 4. In the event any Developer violates or fails to comply with any conditions of approval of with respect to the Building being constructed by such Developer, no further permits, licenses, approvals or certificates of occupancy shall be issued with respect to such Building until such violation has been fully remedied. Conformance with Approved Plans 5. This approval is for those plans dated January 8, 2014, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 6. Minor modifications 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. 7. Except as otherwise provided by the Development Agreement, project plans shall be subject to complete Code Compliance review when the plans for the applicable Building 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. Cultural Resources The Property and the improvements currently located thereon were evaluated by the City's historic resources consultant and thoroughly reviewed by the City's Landmarks Commission in 2009 over the course of three public hearings and, at the conclusion of this review, the Landmarks Commission determined not to file an application to designate the Property a Landmark. The Property and such improvements were also studied as a part of the DEIR and determined not to be a significant historic resource. Therefore, no application to demolish any of the improvements currently on the Property shall be subject to further review by the City's Landmarks Commission prior to the Outside Building Permit Issuance Date, as it may be extended pursuant to this Agreement. 8. 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 the applicable Developer's expense. A determination shall then be made by the Director of Planning to D-23
determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. Project Operations 9. 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. 10. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12 or any successor thereto). Final Design 11. Plans for final design, landscaping, screening, trash enclosures and signage shall be subject to review and approval by the Architectural Review Board as provided in Article 6 of this Agreement. ' 12. Landscape and irrigation plans for any Parcel shall be submitted to the ARB as a part of the application for ARB approval of the Building proposed to be developed on that ParceL Such landscaping plans shall comply with the Bergamot Area Plan's landscape design guidelines and standards. , No Building may be occupied until all required landscaping has been installed. All landscaped areas shall comply with the requirements of SMMC Section 8.108 or any successor thereto. All landscaped areas shall be permanently maintained and kept free of weed, debris, and litter. All plant materials shall be maintained in a healthy growing condition and diseased or dead plant materials shall be replaced, in kind, pursuant to the approved plans within thirty days. Alternatively, diseased or dead plant materials may be replaced with plant materials that have lower water needs, as rated in the current edition of the Water Use Classification of Landscape Species published by the California Department of Water Resources, or equivalent documentation. 13. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and !50 or any successor thereto. 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. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 14. 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, D-24
15. Prior to consideration of any Building by the Architectural Review Board, the applicable Developer shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the Building 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. 16. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. Construction Plan Requirements 17. Final plans for any Building 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. Demolition Requirements 18. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure and the surrounding land shall be maintained in its current condition and secured by erecting a security fence, and removing all debris that inhibit 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. 19. Prior to issuance of a 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 21. 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. 22. 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. 23. 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 D-25
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. 24. 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: a. 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. b. 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. c. Soils stockpiles shall be covered. d. Onsite vehicle speeds shall be limited to 15 mph. e. 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. , f. An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM! 0 generation. g. 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). h. All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust. 26. 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 propet1y owners and residents of the neighborhood within 1000 feet of the Project at least five (5) days prior to the start of construction. 27. 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. 28. 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. D-26
29. 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 Public Works review of the construction period mitigation plan and by the Department of City Planning if a Temporary Use Permit is required. 30. Construction period signage shall be subject to the approval of the Architectural Review Board. Standard Conditions 31. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless othetwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 32. 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. 33. The owner of each Parcel shall insure that any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. Condition Monitoring 34. Each Developer authorizes reasonable City inspections of the Parcel owned by such Developer to ensure compliance with the conditions of approval imposed by the City in approving the Project and will bear the reasonable cost of these inspections. STRATEGIC AND TRANSPORTATION PLANNING 35. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Strategic and Transportation Planning Division: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation Management/ParkingStandards.pdf 36. 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 or any successor thereto. Please reference the following standards: D -27
http://www .sm gov .net/up loadedF i les/Departments/Transportation/Transportati on Management/HVO.pdf 37. 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/uploadedFiles/Departments/Transportation/Transportation Management/RampS lope. pdf BIG BLUE BUS 38. The applicable Developer shall notifY, or cause to be notified, all tenants (residential and/or commercial) in such Developer's portion of the Project in writing as part of their lease or rental agreement that new bus stops or bus layover zones may be established on these streets for regular use by either the Big Blue Bus or other fixed route or specialized transit operators. On-street parking may be removed at any time to create a bus zone in an appropriate location for safe vehicular movement and passenger safety regardless of business or residential adjacency. Developer, or Developer's successor in interest, shall be responsible for ensuring this obligation is satisfied. 38. Structures that include spaces specifically intended for seniors and/or persons with disabilities should include an appropriate space for the boarding and alighting of this population into specialty vehicles in a safe location such that the stopped vehicle will not interfere with traffic flow. PUBLIC LANDSCAPE 39. 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 and the City's Tree Code (SMMC Chapter 7.40 or any successor thereto). No street trees shall be removed without the approval of the Public Landscape Division. 40. 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. 41. Street trees shall be replaced or planted in accordance with the City's Urban Forest Master Plan and in consultation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 42. The applicable Developer shall enroll such Developer's portion of the Project in the Savings By Design incentive program where available through Southern D -28
California Edison prior to submittal of plans for Architectural Review and shall execute an incentive agreement with Southern California Edison prior to the issuance of a building permit. 43. 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. PUBLIC WORKS General Conditions 44. Each Developer shall be responsible for the payment of its share of the following Public Works Department (PWD) permit fees prior to issuance of a building petmit for such Developer's Building: 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 such Developer in accordance with the City's standard practice should such Developer not proceed with development of its Building. 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. 45. 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 D-29
Division. 46. 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. 4 7. 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 or pmtion thereof which is then under construction. The lot shall be kept clear of all trash, weeds, etc. 48. 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. 49. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety 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 50. 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. 51. 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. 52. 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# R4-2003-0lll. D-30
53. 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 responsiqle 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. 54. 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. 55. 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 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. 56. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. 57. All existing sanitary sewer "house connections" to be abandoned, shall be removed and capped at the "Y" connections. 58. 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. 59. Developers are 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/encirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy for any Building, a cross-connection inspection shall be completed. 60. 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 D-31
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 ofPWD, Water Resources Protection Program. 61. 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 62. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to SMMC Chapter 7.10 or any successor thereto. Prior to submittal of landscape plans for Architectural Review Board approval, Developer shall contact PWD to determine applicable requirements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance, or any successor thereto, for the construction phase and post construction activities; b. Non-stormwater runoff, sediment and construction waste from the constmction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; d. 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; e. No mnoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site. g. 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. 63. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235. D-32
Public Streets & Right-of-Way 64. Prior to the issuance of a Certificate of Occupancy for the applicable portion of the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division. 65. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 66. 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 including architectural concrete, pavers, tree wells, art elements, special landscaping. etc. 67. 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. 68. Developer shall dedicate the New Western Street in accordance with Section 2.7.2(e) of this Agreement 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 Western Street Utility Corridor") for the placement of public utility facilities that the City determines, from time to time, should be located in the New Western Street Utility Corridor. The New Western Street Utility Corridor in such dedication shall contain the following limitations: a. 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 such 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 such Developer in the subterranean parking structure that serves the Project. 69. Developer shall dedicate the New Eastem Street in accordance with Section 2.7.2(e) of this Agreement 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 Eastern Street Utility Corridor") for the placement of public utility facilities that the City determines, from time to time, should be D-33
located in the Eastern Street Utility Corridor. The New Eastern Street Utility Corridor in such dedication shall contain the following limitations: a. 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 such 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 such Developer in the subtenanean parking structure that serves the Project. 70. Developer shall dedicate the Nebraska ·Avenue Extension in accordance with Section 2.7.2(e) of this Agreement 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 "Nebraska Avenue Utility Corridor") for the placement of public utility facilities that the City determines, from time to time, should be located in the Nebraska Avenue Utility Corridor. The Nebraska Avenue Utility Conidor in such dedication shall contain the following limitations: a. 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 such 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 such Developer in the subterranean parking structure that serves the Project. Utilities 71. No Excavation Permit shall be issued without a Telecommunications Investigation by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into tbe project design including, but not limited to measures associated with joint trench opportunities, location of tie-back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer shall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, telecommunication conduit routes and fiber optic cables from building Telecommunications Room to Telecommunications Vaults in street, alley and/or D-34
sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of conduit and fiber optic cable for a maximum of lkm terminating in a new Telecommunications Vault for future interconnection with City network. Prior to issuance of a building permit, the final telecommunications design plans for the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department. a. Project shall comply with City of Santa Monica Telecommunications Guidelines b. Project shall comply with City of Santa Monica Right-of-Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04 72. Prior to issuance of a Certificate of Occupancy for any Building, provide new street-pedestrian lighting with a multiple circuit system along the any new street right-of-way adjacent to such Building and within the Parcel on which such Building is to be located in compliance with the PWD Standards and requirements. New street-pedestrian light poles, fixtures and appurtenances shall meet City standards and requirements. 73. Prior to Certificate of Occupancy for any Building, construct a multiple street light circuit with fixtures along the Project's frontage on Olympic Boulevard. 74. Participate in conversion of existing street light system with high voltage series circuit to multiple circuit system on Stewart Street. Developer shall be responsible for only a portion of design and construction costs proportionate to development frontage on Stewart Street. 75. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground. 76. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on 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 except for any portion of the new streets to be added that are on the Property. Resource Recovery and Recycling 77. 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 ofthe 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 D-35
bins to be placed for collection. 78. Contact the Resource Recovery and Recycling (RRR) division to obtain dimensions of the refuse recycling enclosure. 79. Prior to issuance of any 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 Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements ofthe Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include: a. List of materials such as white paper, computer paper, metal cans, and glass to be recycled; b. Location of recycling bins; c. Designated recycling coordinator; d. Nature and extent of internal and external pick-up service; e. Pick-up schedule; and f. Plan to inform tenants/ occupants of service. Construction Period Mitigation 80. 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: a. SpecifY the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the public right-of-way and other private properties; D-36
g. SpecifY the nature and extent of any dewatering and its effect on any adjacent buildings; h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; i. SpecifY the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed; k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel; m. Provide a grading and drainage plan; n. Provide a construction-period parking plan which shall minimize use of public streets for parking; o. List a designated on-site construction manager; p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; q. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and r. Provide a construction period urban runoff control plan. Air Quality 81. 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 403 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 diit 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 commenciug 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 D-37
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. 82. Construction equipment used on the site shall meet the following conditions in order to minimize NOx 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 83. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. 84. Electrical power shall be used to run air compressors and similar power tools. 85. 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 86. 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 excepting any public right of way which exists only as a result of this Agreement. D-38
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). California Fire Code/ Santa Monica Fire Department Requirements 87. 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. 88. Apparatus access roads shall have a minimum unobstructed width of20 feet. A minimum vettical clearance of 13 feet 6 inches shall be provided for the apparatus access roads. 89. 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. 90. 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. 91. 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. 92. Buildings four or more stories in height shall be provided with not less than one standpipe during construction. 93. 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 1 00-psi residual pressure. Pumping equipment shall be capable of providing the required pressure and volume. D-39
94. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of2A-IOB: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. 95. 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 I 0, NFP A 17 A and NFP A 96. Provide a Class "K" type portable fire extinguisher within 30 feet the kitchen appliances emitting grease-laden vapors. 96. 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 (I) (I) 97. 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 deadends not exceeding 20 feet, and 50 feet in fully sprinklered buildings. 98. 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. 99. Show ALL door hardware intended for installation on Exit doors. I 00. 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, information sheet entitled "Evacuation Floor Plan Signs." (California Code of Regulations Title 19 Section 3.09) 101. Stairway Identification shall be in compliance with CBC 1022.8 102. Floor-level exit signs are required in Group A, E, I, R-1, R-2 and R-4 occupancies. I 03. In buildings two stories in height at least one elevator shall conform to the D -40
California Buildings 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. I 04. 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. 105. 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 I 06. An approved fire alarm system shall be installed as follows: 107. 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. 108. GroupE Occupancies having occupant loads of 50 or more shall be provided with an approved manual fire alarm system. 109. Group R-1, R-2 Apartment houses containing 16 or more dwelling units, in buildings 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. 110. Plans and specifications for fire alatm systems shall be submitted and approved prior to system installation D-41
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 111. 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 tum 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. 112. 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 of20 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. D-42
.,....-28' R TYP' 96' DIAMETER CUL·DE·SAC TYP' --2.6' 120' HAMMERHEAD eo· "Y' 20'--::1. -> 26' 20'--=r <--20' MINIMUM CLEARANCE AROUND AFIRE HYDRANT ACCEPTAaLE ALTERNATIVE TO 120' HAMMERHEAD 113. 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: a. Fire Apparatus access roads 20 to 26 feet wide must be posted on both sides as a fire lane. b. Fire Apparatus access roads 26 to 32 feet wide must be posted on one side as a fire lane. 114. 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. 115. 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. D-43
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. 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 prope1ty or area to be accessed measured in a straight line between access. 116. 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 of26 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 3 0 feet from the building and shall be a positioned parallel to one entire side of the building. D -44
117. California Building Code I 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 o 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 depattment vehicle access shall comply with CBC Section 403. a. Automatic sprinkler system. b. Smoke-detection systems. c. Smoke control system conforming to Chapter 9 section 909. d. Fire alarm and communication systems. 1. Emergency voice alarm signaling system. 2. Fire department communication system. e. Central control station. (96 square feet minimum with a minimum dimension of 8' ft) f. {omitted} g. Elevators. h. Standby power and light and emergency systems. i. Exits j. Seismic consideration. D-45
Total Floor Area of Buildings 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. o 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. o Each 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 ofthe 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. D-46
• Standby power shall be provided for the atrium and tenant space smoke-control system. Sections 404.7 and 909.11. • 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, "Flammability Test for Seating Furniture in Public Occupancies." Los Angeles Countv Fire 118. Fire Flow Requirements I. INTRODUCTION A. Purpose: To provide Department standards for fire flow, hydrant spacing and specifications. B. Scope: Informational to the general public and instructional to all individuals, companies, or corporations involved in the subdivision ofland, 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: I. GPM-gallons per minute 2. psi -pounds per square inch 3. Multiple family dwellings -three or more dwelling units attached D -47
II. RESPONSIBILITY A. Land Development Unit 1. The Department's Land Development Unit shall review all subdivisions ofland 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 buildings plans and apply fire flow and hydrant spacing requirements in accordance with this regulation. III. POLICY A. 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} D -48
IV. PROCEDURES A. Land development: fire flow, duration of flow, and hydrant spacing The following requirements apply to land development issues such as: tract and parcel 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) Fire Flow a. Single family dwelling 1,250 GPM and detached condominiums (I-4 Units) (Under 5,000 square feet) b. Detached condominium 1,500 GPM (5 or more units) (Under 5,000 square feet) c. Two family dwellings 1,500 GPM (Dunlexes) Public Duration Hydrant of Flow Spacing 2 hrs. 600ft. 2 hrs. 300ft. 2 hrs. 600ft. NOTE: FOR SINGLE FAMILY DWELLINGS OVER 5,000 SQUARE FEET. SEE, TABLE I FOR FIRE FLOW REQUIREMENTS PER BUILDING SIZE. 2. 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. 300ft. D-49
NOTE: REDUCTION IN FIRE FLOW IN ACCORDANCE WITH TABLE I. b. Land development projects consisting of lots having existing structures shall be in compliance with Table I (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) Fire Flow On a lot of one acre or more 750 GPM On a lot less than one acre 1,250 GPM Duration of Flow 2 hrs. 2 hrs b. Single family dwellings-VHFHSZ (Less than 5,000 square feet) On a lot of one acre or more 1,000 GPM 2 hrs. On a lot less than one acre 1,250 GPM 2 hrs Public Hydrant Spacing 600ft. 600ft. 600ft. 600ft. NOTE: FOR SINGLE FAMILY DWELLINGS GREATER THAN 5,000 SQUARE FEET IN AREA SEE TABLE D-50
Fire Flow Duration of Flow c. Two family dwellings-VHFHSZ (Less than 5,000 square feet) Duplexes 1,500 GPM 2 hrs 2. Mobile Home Park Public Hydrant Spacing 600ft. a. Recreation Buildings Refer to Table 1 for fire flow according to building size. b. Mobile Home Park 1,250 GPM 2 hrs 600ft. 3. 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 oflot frontage should be more than 450' via vehicular access from a public hydrant. D-51
(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. (I) No portion oflot 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. 3. 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, causes 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: D-52
(I) 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). (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 I. 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. (I) 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. D-53
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. 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-offvalves 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 b. Maximum distance from the hydrant 5. Inspection of new installations 10 feet. 25 feet 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 of200 psi for two hours. c. Adequate flushing of the installation. d. Flow test to satisfY required fire flow. (I) 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. D-54
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 The minimum acceptable flow from any 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 Two hydrants Three hydrants F. Hydrant Upgrade Policy 1,250 GPM and below 1,251-3,500 GPM flowing simultaneously 3,501-5,000 GPM flowing simultaneously 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 1,250 GPM. 2. An upgrade of the fire hydrant will not be required if the required fire D-55
flow is between the minimum requirement of750 gallons per minute, up to and including I ,250 gallons per minute, and the existing public water system will provide the required fire flow through an existing wharf fire hydrant. 3. All new required fire hydrant installations shall be approved 6" x 4" x 2 112" 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. 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 II 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 ifthere 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. f. Provided with approved plastic caps D-56
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 2. Underground shut-offvalves are to be located: a. A minimum distance of I 0 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 1 0-foot minimum distance cannot be satisfied. 3. All new water mains, laterals, gate valves, buries, and riser shall be a minimum of six inches inside diameter. 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). D-57
Barricade/Clearance Details _,..-CONCRETE CAP -,---t""" _,.__ 6' BARRICADE POST CONCRETE FILLED MIN. 4" DIA. SCHEDULE <IO STEEL. SEE NOTE 1#1 3'P.IIN ~ rCONCRElE Figure I PLAN FIRE HYDRANT BARRICADES (TYPICAL) Figure 2 D-58
C) 0 Figure 3 Notes: l. 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 3. 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 ofthe hydrant outlets (Figure 2, shaded area). 5. 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. 7. Two finish coats of "traffic signal yellow" shall be used for fire hydrant barricades. D-59
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. 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 NFP A Standard 1142 may be submitted to the Fire Marshal for review. Such proposals shall also be subject to the following: 1. 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 1. 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 Street 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 Street 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. D-60
TABLE I* BUILDING SIZE (First floor area) Fire Flow* (I) (2) Duration Hydrant Spacing Under 3,000 sq. ft. 1,000 GPM 2 hrs 300ft 3,000 to 4,999 sq. ft. 1,250 GPM 2 hrs 300ft 5,000 to 7,999 sq. ft. 1,500 GPM 2 hrs 300ft 8,000 to 9,999 sq. ft. 2,000 GPM 2 hrs 300ft 10,000 to 14,999 sq. ft. 2,500GPM 2 hrs 300ft 15,000 to 19,999 sq. ft. 3,000 GPM 3 hrs 300ft 20,000 to 24,999 sq. ft. 3,500 GPM 3 hrs 300ft 25,000 to 29,999 sq. ft. 4,000 GPM 4 hrs 300ft 30,000 to 34,999 sq. ft. 4,500GPM 4 hrs 300ft 35,000 or more sq. ft. 5,000GPM 5 hrs 300ft * See applicable footnotes below: (FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE) (I) 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 buildings (as determined by the jurisdictional Buildings code) the fire flow shall be a minimum of3,500 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 buildings. The following allowances and/or additions may be made to standard fire flow requirements: a. A 25% reduction shall be granted for the following types of construction: Type I-F.R, Type II-P.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 of2,000 GPM available fire flow). b. A 25% reduction shall be granted for fully sprinklered buildings (to a D-61
minimum of2,000 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. D-62
EXHIBIT "E" SMMC ARTICLE 9 (PLANNING AND ZONING) On file with the City Clerk
EXHIBIT "F-1" LOCAL HIRING PROGRAM FOR CONSTRUCTION Local Hiring Policy For Construction. Each Developer shall implement a local hiring policy (the "Local Hiring Policy") for construction of such Developer's pmtion 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) by ensuring Targeted Job Applicants are aware of Project construction employment opportunities and have a fair opportunity to apply and compete for such jobs. 2. Findings. a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. 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 7.6% 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 Construction jobs, this local hiring policy will facilitate job opportunities to City residents which would F-1
expand the City's employment base and reduce the impacts on the environment caused by long commuting times to jobs outside the area. 3. 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 ofthe 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-Long Beach Primary 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. On-Site Jobs shall not include jobs at the Project site which will be performed by the Contractor's established work crew who have not been hired specifically to work at the Project site. 4. Prioritv for Targeted Job Aoolicants. Subject to Section 7 below in this Exhibit "F-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 Prioritv: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas identified in Figure 3-12 of the City of Santa Monica's 2013-2021 Housing Element; b. Second Prioritv: Any resident of a household with no greater than 80% Median Income that resides within the City; and c. Third Priority: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site. F-2
5. 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. 6. 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 Monica Daily Press or similar local media and/or 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: a. Local first source hiring programs b. Trade unions c. Apprenticeship programs at local colleges d. Santa Monica educational institutions e. Other non-profit organizations involved in referring eligible applicants for job opportunities 7. Hiring. Developer and its contractor( s) 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 make a good faith effort to hire Targeted Job Applicants when most qualified or equally qualified as other applicants. 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. Contractors are not precluded from advertising regionally or nationally for employees in addition to its local outreach efforts. 8. 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. F-3
EXHIBIT "F-2" LOCALHiruNGPROGRAMFORPERMANENTEMPLOYMENT Local Hiring Policy For Permanent Employment. The Developer of the Commercial Phase of the Project shall implement a local hiring policy (the "Local Hiring Policy"), consistent with the following guidelines: 1. 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. Findings. a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. 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 7.6% 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 F-4
employment base and reduce the impacts on the enviromnent caused by long commuting times to jobs outside the area. 3. Definitions. For purposes ofthis Exhibit "F-2", the following terms have the following meanings: a. "Employer" means any tenant of a Creative Office Building. b. "Low Income Individual" means a resident of the City of Santa Monica whose household income is no greater than 80% of the Median Income. c. "Median Income" means the median income for the Los Angeles-Long Beach Primary 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. d. "On-Site Jobs" means all jobs on the Project site provided by Employers regardless of whether such job is in the nature of an employee or an independent contractor. 4. Prioritv for Targeted Job Aoolicants. Subject to Section 7 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: Any resident of a household with no greater than 80% Median Income that resides within the Low and Moderate Income Areas identified in Figure 3-12 of the City of Santa Monica's 2013-2021 Housing Element; b. Second Prioritv: Any resident of a household with no greater than 80% Median Income that resides within the City; and c. Third Prioritv: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site. 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 (a) preclude there-hiring of a prior employee or the transfer of an existing employee from another location or (b) apply to any employment opportunities which may require a level F-5
of confidentiality or that may not be reasonably advertised to the general public without causing harm to an Employer. 6. Recruitment. a. Local Hiring Goal-Employers shall establish a local hiring goal of 30% of the On-Site Jobs in the Project being held by Targeted Job Applicants. There shall be no penalties to the Developer or Employer, nor shall the Developer be deemed to be in default under the Development Agreement, if such goal is not achieved. Each Employer shall report its actual local hiring results to the City as part of Developer's annual report as mandated by Section 10.2 of this Agreement. b. Advanced Local Recruitment-Initial Hiring for New Office. In the event that an Employer is opening a new office of their business, 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 office, Employer shall advertise available On-Site Jobs in the Santa Monica Daily Press or similar local media and/or electronically on a City-sponsored website, if such a resource exists. In addition, Employer 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 Employer shall hold the positions open for no more than 30 days in order to allow for referrals from the first source hiring organizations. Employer shall review information provided by the selected organizations with respect to all applicants referred by such organizations and interview those individuals who, following a review of such information, are determined by the Employer to meet the Employer's written minimum qualifications for the position. The Employer shall maintain a written record explaining the reasons for not selecting any individual referred to Employer by the selected organizations who was interviewed by the Employer for the position. c. Advanced Local Recruitment-Subsequent Hiring. For subsequent On-Site Job opportunities, the Advanced Recruitment Period for Targeted Job F-6
Applicants can be reduced to at least 7 days before recruitment is opened up to general circulation. Alternatively, the Employer may also use an established list of potential Targeted Job Applicants of not more than one year old. d. Obligations After Completion of Advanced Recruitment Period. Once these advanced local recruitment obligations have been met, Employers are not precluded from adve1tising regionally or nationally for employees. 7. Hiring. Each Employer 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 Employers 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. 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 and to offer a means by which they can participate in the program. 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. 10. Condition of Lease. Developer shall write the requirements of this program into any leases executed with Employers. The FHC shall reach out to Employers not less than once each calendar quarter to remind them of the programs and policies. Employers shall have ultimate responsibility for adherence to the program guidelines. Failure of an Employer to comply with the requirements of this program shall not constitute a Default by any Developer under this Agreement so long as such Employer's lease requires such compliance and such Developer is actively pursuing all necessary enforcement actions to bring such Employer into compliance with this lease provision. F-7
EXHIBIT "G" PERMITTED USES Permitted Uses consist of Creative Office Uses, Residential Uses (rental housing only), Retail Uses, Restaurant Uses, and Artist Work/Live Units as defined herein. Creative Office Uses Creative Office Uses consist of offices, production spaces, and work spaces of establishments that are in the business of the development of creative property, including but not limited to advertising, architectural services, broadcasting, communications, computer software design, entertainment, graphic design, interior design, internet content creation, landscape design, and similar uses. Residential Uses Residential Uses means market rate and affordable rental housing, including single room occupancy. Retail Uses Retail Uses include, without limitation: • Arts and crafts Shop • Att galleries • Appliance store • Appliance or electronic repair shop • Barber Shop • Bicycle Shop • Book and Stationery Store • Cell phone store • Clothing/ Apparel Store • Community meeting space • Computer I electronics service center • Convenience store • Cultural uses and facilities • Dance Studios • Day care center • Dress Shop • Dry Cleaners • Exercise facilities • Financial Planning Retail Center • Flower Shop • Furniture shops G-I
• Gift Shop o Grocery store • Hair I nail I beauty salon • Hardware store • Laundromat o Museums • Music store • Non-profit organization office, meeting and related space • Food service (including bakery, Ice cream store, yogurt store, candy store, cookie store, juice/smoothie store, coffee shops and similar uses.) • Outdoor newsstand • Package drop-off I copy center • Pet Store • Pharmacy /Drug Store • Photography or Camera Store • Print/publishing shops • Real Estate Offices • Rental Shops (including cars, bicycles, clothing, music, etc.) o Retail Bank/ ATM • Shoe Shine • Shoe Store (sale, rental or repair o Spa • Specialty service food shops • Sporting goods store • Tailor/ Dress maker • Travel Agency • US Post Office/ Air Freight/Private Mail Service Center • Weight Loss Center • Uses which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not more disturbing or disruptive than, permitted uses Restaurant Uses "Restaurant Uses" shall mean any building, room, space or portion thereof where food is sold for consumption on site, except for uses qualifYing as incidental food service. A restaurant may provide music or other entertainment if: (1) there is sit down meal service provided at all times while the entertainment is taking place; (2) there is no dancing or dance floor; (3) there is no cover charge or minimum drink purchase requirement; and (4) the entertainment is provided only in the dining areas. A restaurant with entertainment beyond the scope of these limitations during specified hours on a nightly, weekly, or other regular basis shall also be considered a nightclub and such entertainment use shall be prohibited unless a separate conditional use permit for that nightclub use has been obtained. G-2
Restaurant Uses shall not include "Incidental Food Service" which shall mean any use of a building, room or space for the on-site sale and consumption of food and/or beverages where less than two hundred fifty square feet (interior and exterior) is utilized for on-site consumption of any food and/or beverage, including seating, counter space, or other eating arrangement, where the number of seats does not exceed twenty and where orders for food or beverages are not taken from the table. The seating area shall be defined by fixed barriers, such as full or partial walls, fencing or planters. The consumption area cannot exceed thirty-three percent of the floor area of a primary permitted on-site use. The Parties acknowledge that the Developer may make a one-time election whether to have Restaurant Uses have the meaning as set forth above or as contained in the City's new zoning ordinance. G-3
EXHffiiT "H" INFRASTRUCTURE SECURITY SCHEDULE TEMPORARY IMPROVEMENTS H -1
SITE 1 SITE2 SITE3 SITE4 SITES TOTAL NWRI\.S)(t, ST SF UNIT COST COST SF UNIT COST COST SF UNIT COST COST SF UNIT COST COST SF UNIT COST COST 22' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL, MIS. DEMOLITION 6369 0.75 $4,n6.75 4827 0.75 $3.620.25 3497 0.75 $2.622.75 6024 0.75 $4.518.00 8037 0.75 $6.027.75 EXISTING NATIVE SOIL REMOVAL, EXPORT OFF SITE 6359 ~s $15.922.50 4827 '·' $12,067.50 3497 >5 $8,742.50 6024 >5 $15.060.00 8037 >5 $20.092.50 PREPARED GRADE FOR SUB BASE. 90% COMPACTION 6369 0., $3.184.50 4827 o., $2,413.50 3497 05 $1.748.50 5024 M $3.012.00 8037 05 t-1.018.50 SUBTOTAL $23.883.75 $18,101.25 $13.113.75 522.590.00 $30.138.75 22' ASPHALT ROAD 4" AC ASPHALTWlTH A 8" SUB BASE 6369 '·' 41.398.50 4827 .., $31,375.50 3497 s.s $22.730.50 5024 S5 $39.156.00 8037 s.s $52.240.$0 SUBTOTAL $41.398.50 $31.375.50 $22.730.50 $39.156.00 $52.240.50 TOTAL NEBRASKA STREET COST PER SITE $65,282.25 $49,476.75 $35,844.25 $61,746..00 $82,379.25 NU1RASKI\. SiDEWALK 4' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAl. MIS. DEMOUTION 1075 0.75 $S06.25 '" 0.75 $630.75 "' 0.75 $477.00 1096 0.75 $82.2.00 1464 0.75 $1.098.00 EXISTING NATIVE SOIL REMOVAL. EXPORTOFFSfTE 1075 '·' $:<,687.50 "' '-' $2.102.50 '" >.S $1.590.00 1096 '·' $2.740.00 "" >.S $3.660.00 PREPARED GRADE FOR SUB BASE. 90%C0MPACTION 1075 o.s $537.50 "' o.s $420.50 "' o.s $318.00 1096 o.s $548.00 1464 o.s $732.00 SUBTOTAL $4.031.25 $3.153.75 $2,385.00 $4.110.00 $5,490.00 4' ASPHALT SIDEWALK 3" ACAS~HALT OVER NATIVE 1075 LS $1,612.50 "' '·' $1.26L50 "' L.S $954.00 1096 LS $1.644.00 1464 '·' $2.196.00 SUBTOTAL $1,612.50 $1,261.50 $954.00 $1,644.00 $2.196.00 CURB&GUTIER CF LF LF LF LF 6" CONCRETE CURB Wf18"GUTIER ''" '" $8.400.00 "' '" $6,390.00 "' '" $4,770.00 '" '" $8,220.00 m '" $11.310.00 SUBTOTAL $8.400.00 $6.390.00 $4.770.00 $8.220.00 $11.310.00 TOTAL NEBRASKA SIDEWALK COST PER SITE $14,043.75 $10,805.25 $8,109.00 $13,974.00 $18,996.00 -r:"','t '·;ii)'!,\'· '·;r~,,,., "'''o\J'"'";·rovn' "'(;S'"' }'""'"'" WCSli.'RN i!DEWAll( 15' CUT & FILL & PRE COMPACT EXISTING SHRUBS OR GRASS REMOVAl. MIS. DEMOLITION 4369 0.75 $3.276.75 EXISTING NATIVE SOIL REMOVAL. EXPORT OFF SITE 4369 '·' 510.92.2.50 PREPARED GRADE fOR SUB BASE. 90.,. COMPACTION 43\'19 o.s $2184.50 SUBTOTAL $16.383.75 15' ASPHALT SIDEWALK 3" AC ASPHALT OVER NATIVE 4369 ~s $6.553.50 SUBTOTAL $6.553.50 ">' '! •::ere ,. ' •·,wzc>. r,-;;.s; '·it">:>;~; '· ,1"(· OLYMPIC BLVD 'iiDl.WI\.lK s· CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL. MIS. DEMOLITION 2733 0.75 $2.049.75 1272 0.7S $954.00 1502 0.75 $1.126.50 1620 0.75 $1.215.00 3757 0.75 $2.817.75 EXISTING NATIVE SOIL REMOVAL. EXPORT OFF SITE 2733 >.S $6.832.50 1272 L5 $3.180.00 1502 >.S $3,755.00 1620 '.s $4.050.00 3757 '·' $9.392.50 PREPARED GRADE FOR SUB BASE. 90% COMPACTION 2733 o.s $1.366.50 1272 o., $636.00 1502 o.s $751.00 1620 o.s $310.00 3757 o.s $1,878.50 SUBTOTAL .$10.248.75 $4.770.00 $5.632.50 $6.075.00 $14.088.75 8' ASPHALT SIDEWALK 3' AC ASPHALT OVER NATIVE 2733 '·' $4.Q99.SO 1272 ,., $1.908.00 1502 ,., $2.253.00 1620 ,., $2.430.00 3757 ~s $5,635.50 SUBTOTAL $4.099.50 $1.903.00 $2.253.00 $2A30.00 $5.635.50 CURB& GUTIER LF LF LF LF LF 6'CONCRETE CURB W/18.GUTIER '" ;o $6.150.00 "' ;o $6.540.00 "' '" $5.730.00 "' '" .$6.350.00 "' '" $14.790.00 SUBTOTAL $6.150.00 $6.540.00 $5.730.00 $6.360.00 $14.790.00 TOTAL OLYMPIC SIDEWALK COST PER SITE .$20,498.25 ,, '~ .$13.615.50 $14,865.00 $3 514.25 v:·:,·!:c•:; ;y.,•c,·ec ''-'.; Pf.',il' ><>(,); GU~~RALCOND!T!QN:; 32.3 50.000 $16.150.00 16.2 50.000 $8.100.00 14.3 50,000 $7.150.00 " 50.000 $9.000.00 19.2 so.ooo $9,600.00 SUBTOTAL $16.150.00 $8,100.00 $7.150.00 $9,000.00 $9,600.00 IY;:r, •·· .• ,co;, ''·'!c'" '''!, '''G·I '''-J":"IV·:·• ''•\'t' 'VJ>,·,·· •Wi' e;;c TOTM COST ~S?S,Hi.?.< BERGAMOT TRANSIT VILLAGE CENTER SANTAMONICA,CA SITE COST ~TEMPORARY CONDITION 1 OF 1 Hines os.7082.100 JANUARY 8, 2014 Gensler 4
EXHIBIT "H" INFRASTRUCTURE SECURITY SCHEDULE PERMANENT IMPROVEMENTS H-2
M ~ 0 ,.., z 0 E 0 z 8 ~ z ~ w ~
Ol YMHC lltVD SIDEWALK 15' CUT& FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL, MIS. DEMOUTION 5236 0,75 $3,927.00 2665 0.75 $1.998.75 2852 0.75 $2.14&.50 3158 0.75 $2,368.50 EXISTING NATIVE SOIL REMOVAL, EXPORT OFF SITE 5236 ,., $13,090.00 2665 '·' $6,662.50 2862 ,., $7,155.00 3158 ,., $7,895.00 PREPARED GRADE FOR SUB BASE. so-.. COMPACTION 5236 o.; $2,618.00 2665 o.; $1,332.50 2862 o.; $1.431.00 3158 o.; $1,579.00 SUBTOTAL $19,635.00 $9,993.75 $10.732.50 $11.842.50 CURB & GUTTER LF LF LF LF 6"CONCRETE CURB W/18"GUTIER '" " $11,010.00 "' " $6,540.00 "' " $5,730.00 m " $6,360.00 SUBTOTAL $11,010.00 $6,540.00 $5,730.00 $6,360.00 15' CONCRETE SIDEWALK 4"PCC OVER NATIVE 5236 5.25 $27,489.00 2665 5.25 $13,991.25 2862 5.25 $15,025.50 3158 5.25 $16.579.50 SUBTOTAL $27,489.00 $13,991.25 $15,025.50 $16.579.50 TOTAL OLYMPIC SIDEWALK COST PER SfTE $5&,134.00 $30.525.00 $31,4U.OO $34,782.00 OL YMHC 8l.VD LANDSCAPE STREET SEGMENT332 QUANTITY QUANTITY QUANTITY QUANTITY 48' SOX MELALEUCA LINARIFOLIA ' 1,900 $11,400.00 ; 1,900 $5,700.00 ' 1.900 $7,600.00 ' 1,900 $7.~00.00 ALLOWANCE FOR IRRIGATION $2,200.00 $2.200.00 $2.200.00 $2,200.00 TOTAL OLYMPIC LANDSCAPE COST PER SITE $13,600.00 $7,900.00 $9.300.00 $9,800.00 ·-·.-'-'\'?k ,, v;;.s:m_wr" 1:. ,,',DS•_,~· ,-~v-"'"' v. •o>: <;I' lid!1S1 S!iXWALK 12' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL MIS. DEMOUTION H9S 0.75 $2.548.50 EXISTING NATIVE SOIL REMOVAl, EXPORT OFF SITE 3398 ,., $8,495,00 PREPARED GRADE FOR SUB BASE. 90.. COMPACTION 339S o.s $U99.00 SUBTOTAL $l.2 742.50 CURB&GUmR LF 6" CONCRETE CURB W/18"GUTTER '" " $7,770.00 SUBTOTAL $7,770.00 12' CONCRETE SIDEWALK 4'PCCOVERNATIVE 1093 5.25 $5,738.25 SUBTOTAL $5,738.25 2\iTH 5T LANDSCAPE STREET SEGMENT 154 QUANTITY 20' WASHINGTONIA PALMS 2SOO $17,500.00 ALLOWANCE FOR IRRIGATION $3,000.00 TOTAL 26TH ST LANDSCAPE COST PER SITE $20,500.00 -,,,,: '<; T. ,,,. K~•A ,p•;.--l:-FCY'-' , . .,,~ ('o1W.f'SI'l' SHWART~IDEWALK 12' CUT & FILL & PRECOMPACT EXISTING SHRUBS OR GRASS REMOVAL MIS. OEMOUTION EXISTING NATIVE SOIL REMOVAL. EXPORT OFF SITE PREPARED GRA.DE FOR SUB BASE. 9Q.,.COMPACTION SUBTOTAL CURB & GUTTER 6' CONCRETE CURB W/18"GUTTER SUBTOTAL l2' CONCRETE SIDEWALK 4'PCCOVER NATIVE SUBTOTAL -,.T(WJ\RTUH-IDSCAPE STREET SEGMENT 373 48" BOX LOPHOSTEMON CONFERTUS AllOWANCE FOR IRRIGATION TOTAL STEWART ST LANDSCAPI: COST PER SITE "•Y'M'-' ':!'';' L\'i,\;V • AN:JS<:i>''i '()',; ''li-"-i-!'I<<'-' SlGNAl QUANTITY ALL INCLUSIVE COST ' 255.000 $255,000,00 SUBTOTAL $255,000.00 '>'~' i,\, r .. "' "''iCP ;-t,fl>" ;H-, .,.oFStTE TOTAL COST %OF SITE TOTAL COST %OF SITE TOTAL COST %0FSfTE TOTAL COST GENERALCONDITJONS m 100,000 $32.300.00 16.2 100,000 $16,200.00 14.3 100,000 $14.300.00 " 100,000 $18,000.00 SUBTOTAL $32.300.00 $16.200.00 $14,300.00 $1&,000.00 BERGAMOT TRANSIT VILLAGE CENTER SANTAMONICA.CA SITE COST· PERMANENT CONDITION 2 OF 3) Hines 05.7082.100 JANUARY 8, 2014 Gensler 2
$5,000.00 $5,000.00 $5,000.00 $S,OOG.OO BERGAMOT TRANSIT VILLAGE CENTER SANTAMONICA,CA SITE COST· PERMANENT CONDITION 3 OF 3 Hines 05.7082.100 JANUARY 8, 2014 Gensler 3
EXHIBIT "I" USE OF OPEN SPACE I. Bergamot Square. It is the intent of Hines and the City that "Bergamot Square" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and II :00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use Bergamot Square for walking, strolling, reading, passive activities, and other similar activity as well as attending cultural and other special events, conducted by the owner of Site I or the Owners' Association, which are open to the public with no obligation to buy any goods or services, subject to the limitations set forth below. The Developer owning Site I and the Owners' Association shall be entitled to close Bergamot Square to the general public for events to which the general public is not permitted access regardless of whether such access is free or requires a fee for entry ("Private Events"). Developer may conduct Private Events closing the entire Bergamot Square for up to 2% of the hours that Bergamot Square is accessible to the public in each year (i.e. 17 hours x 365 days x 2% = 124 hours). Developer may also conduct Private Events closing half the Bergamot Square area for up to 2% of the hours that Bergamot Square is accessible to the public in each year. No more than 25% of the hours (i.e. 124 hours x 25% = 31 hours) that Bergamot Square may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within Bergamot Square to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. 2. The Village Mews. It is the intent of Hines and the City that the "Village Mews" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use The Village Mews for access between and to the Buildings, and for walking, strolling, reading, passive activities, and other similar activity with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close "The Village Mews" as shown in Exhibit "1-2" and restrict bicycle or pedestrian traffic for Private Events. Developer may conduct Private Events closing The Village Mews for up to 2% of the hours that the Village Mews are accessible to the public in each year (i.e. 17 hours x 365 days x 2% = 124 hours). Developer may also conduct Private Events closing half the area of The Village Mews for up to 2% of the hours that The Village Mews are accessible to the public in each year. No more than 25% of the hours (i.e. 124 hours x 25% = 31 hours) that The Village Mews may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event I-I
exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within The Village Mews to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. · 3. The Garden Passage. It is the intent of Hines and the City that the "Garden Passage" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use The Garden Passage for access between and to the Buildings, and for walking, strolling, reading, passive activities, and other similar activity with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close "The Garden Passage" as shown in Exhibit "1-3" and restrict bicycle or pedestrian traffic for Private Events. Developer may conduct Private Events closing The Garden Passage for up to 2% of the hours that The Garden Passage is accessible to the public in each year (i.e. 17 hours x 365 days x 2% = 124 hours). Developer may also conduct Private Events closing half the area of The Garden Passage for up to 2% of the hours that The Garden Passage are accessible to the public in each year. No more than 25% of the hours (i.e. 124 hours x 25% = 31 hours) that The Garden Passage may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within The Garden Passage to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. 4. The Green. It is the intent of Hines and the City that the "Green" (as designated on the Project Plans) shall be accessible to the public between the hours of 6:00A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use The Green for walking, strolling, reading, passive activities, and other activity customary in park space with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close The Green for Private Events. Developer may conduct Private Events closing The Green for up to 2% of the hours that The Green is accessible to the public in each year (i.e. 14 hours x 365 days x 2% = 102 hours). Developer may also conduct Private Events closing half of The Green for up to 2% of the hours that The Green is accessible to the public in each year. No more than 25% of the hours (i.e. 102 hours x 25% = 26 hours) that The Green may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within The Green I-2
to limit general public access to Private Events provided such structures or barriers are not in violation of the provisions above. 5. Stewatt Crossing. It is the intent of Hines and the City that "Stewart Crossing" (as designated on the Project Plans) shall be accessible to the public between the hours of6:00 A.M. and 11:00 P.M. and during the operating hours of the Retail Uses and Restaurant Uses, with the public having the right to use Stewart Crossing for walking, strolling, reading, passive activities, and other activity customary in park space with, in each case, no obligation to buy any goods or services. The Developer and the Owners' Association shall be entitled to close Stewart Crossing for Private Events. Developer may conduct Private Events closing Stewart Crossing for up to 2% of the hours that Stewatt Crossing is accessible to the public in each year (i.e. 14 hours x 365 days x 2% = 102 hours). Developer may also conduct Private Events closing half of Stewart Crossing for up to 2% of the hours that Stewart Crossing is accessible to the public in each year. No more than 25% of the hours (i.e. 102 hours x 25% = 26 hours) that Stewart Crossing may be closed can be on weekends. Developer shall provide written notice of such Private Events to the City no less than 24 hours prior to the start of the Private Event. The frequency of Private Events shall be monitored in the annual compliance report submitted by Developer. At no point may a Private Event exceed five hours per event (excluding associated set-up time). During such Private Events, Developer shall ensure that public access to operational retail and Commercial Uses on-site is not impeded. Developer may erect structures or barriers within Stewart Crossing to limit general public access to Private Events provided such structures or ban·iers are not in violation of the provisions above. 6. General Limitations on Use. The public's use of Bergamot Square, The Village Mews, The Garden Passage, The Green, and Stewart Crossing (collectively, the "Open Space"), shall be subject to the following limitations: (a) Nothing in this Agreement or in the Project Plans shall be deemed to mean that any portion of the Open Space constitutes a public park or is subject to legal requirements applicable to a public park or other public space. The Open Space shall remain the private property of the applicable Developer with members of the public having only a license to occupy and use those areas of the Project in a manner consistent with reasonable rules and regulations established from time to time by such Developer and the Owners' Association. (b) Developers and the Owners' Association shall have the right to enforce reasonable security measures, including limiting public access to any portion of Bergamot Square, The Village Mews, The Garden Passage, The Green, and Stewatt Crossing between the hours of 11:00 P.M. and 6:00A.M. (c) Nothing herein shall give members of the public the right, without the prior written consent of the owner of the applicable Parcel or the Owners' Association, which consent may be conditioned or withheld in such Developer's or the Owners' Association sole discretion, to engage in any other activity in the open space other than described in Sections I to 5 above, as applicable, including, without limitation I-3
(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, and (v) engaging in any illegal, dangerous or other activity that such Developer or the Owners' Association reasonably deems to be inconsistent with the other uses in the Project or with the use of the open space by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding, skating or other similar activity, dressing inappropriately, being intoxicated, having offensive bodily hygiene, or having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers/carriages). Such Developer or the Owners' Association shall retain the right to cause persons engaging in any such conduct to be removed from the Property. Should any such persons refuse to leave the Property, they may be deemed by Developer to be trespassing and Developer may contact local law enforcement to request that appropriate law enforcement actions be taken. The Developers and the Owners' Association shall be entitled to establish and post rules and regulations for use of the all open space consistent with the foregoing. (d) Nothing in this Exhibit "I" is intended to limit the rights of any member of the public to use the Open Space for any purpose which is protected by the United States Constitution, the California Constitution or any other applicable federal or California law that overrides the rights granted to Developer and the Owner's Association under this Development Agreement with respect to limitations on use of the Open Space. I-4
EXHIBITI-1 BERGAMOT SQUARE (31,675 SF) SITE 1 I-5
EXHIBITI-2 THE VILLAGE MEWS (16,500 SF) SITE 2 I-6
EXHIBITI-3 THE GARDEN PASSAGE (12,604 SF) ..::1" IJ.I 1--V') I-7
EXHIBIT I-4 THE GREEN (19,500 SF) I-8
EXHIBIT "1-5" STEWART CROSSING (6,000 SF) I-9
EXHIBIT "J" FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT Recording Requested By and When Recorded Mail To: [Name and address of Assignor] 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] [If Hines is the Assignor] [Hines 26 1 h Street, LLC, a Delaware limited liability company ("Hines"),] [If another party is the Assignor] entered into that certain Development Agreement dated ---:--:--:---:-c:-' 2014 (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][Hines] 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 vesting parcel map for the Project Site (collectively, the "Project Approvals"). [C Assignor has acquired that portion of the Project Site described in Exhibit "B" attached hereto (the "Property")][Ifthe Assignor is a party other than Hines]. [C][D].Assignor intends to sell, and Assignee intends to purchase, the [Project Site] [Property]. [D][E].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 ][Property]. 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] [Property]. THEREFORE, the parties agree as follows: 1. Assigrunent. 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][Property]. Assignee hereby accepts such assigrunent from Assignor. J-1
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][Property). 3. 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) [Property). IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below. "ASSIGNOR" a ____________________ ___ By: __________________ __ Name: __________________ __ Title: __________________ __ "ASSIGNEE" a ______________________ __ By:-----------Name: Title: ---------------------J-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 By: -~~----------------Planning Director J-3
EXHIBIT "K" ALCOHOL CONDITIONS (1) The primary use of the Restaurant premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except those intending to purchase meals in a dining area. (2) If a counter service area is provided in the Restaurant, a patron shall not be permitted to sit at the counter unless the patron is ordering a meal in the same manner as patrons ordering meals at the table seating. The seats located around the counter service area cannot be used as a waiting area where patrons may drink before being seated or as a bar where beverages only are served. (3) Window or other signage visible from the public right-of-way that advertises the Restaurant's beer or alcohol shall not be permitted. ( 4) Customers shall be petmitted to order meals at all times and in all areas of the Restaurant where alcohol is being served. The Restaurant shall serve food to patrons during all hours the restaurant is open for customers. (5) The Restaurant shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises. ( 6) Take out service from the Restaurant shall be only incidental to the primary sit-down use and does not include for consumption the sale or dispensing of alcoholic beverages or beer or wine. (7) No alcoholic beverages shall be sold or dispensed for consumption beyond the Restaurant premises. (8) Except for special events, alcohol shall not be served by the Restaurant in any disposable containers such as disposable plastic or paper cups. (9) No video or other amusement games shall be permitted in the Restaurant. (1 0) No dancing is permitted at the Restaurant. Live entertainment may only be permitted in the manner set forth in SMMC Section 9.04.02.030.730 or any successor thereto. (11) Any minimum purchase requirement may be satisfied by the purchase of beverages or food. (12) The primary use of any outdoor dining area shall be for seated meal services. Patrons who are standing in the outdoor seating area shall not be served. K -1
(13) The Restaurant operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The Restaurant shall control noisy patrons leaving the Restaurant. (14) The permitted hours of alcoholic beverage service shall be 9:00AM to !2:00AM Sunday to Thursday, 9:00AM to 1:OOAM Friday to Saturday with complete closure and all Restaurant employees vacated from the Building no later than one hour after permitted hours alcoholic beverage service. All alcoholic beverages must be removed from the outdoor dining areas no later than midnight. No after hours operation of the Restaurant is permitted. (15) No exterior activity such as trash disposal, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur from ll:OOPM to 6:00AM. In addition, there shall be no disposal of bottles or noise generating trash between 11 :OOPM and 6:00AM daily. Trash containers shall be secured with locks. (16) No more than thirty-five percent (35%) of the Restaurant's total gross revenues per year shall be from alcohol sales. The Restaurant operator shall maintain records of gross revenue sources which shall be submitted annually to the City's Planning Division at the beginning of the calendar year and also available to the City and the ABC upon request. (17) Prior to issuance of Cettificate of Occupancy or business license, as applicable, a Restaurant security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues. (18) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Restaurant operator shall submit a plan for approval by the Planning Director regarding its employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all Restaurant employees having contact with the public and shall state management's policies addressing alcohol consumption and inebriation. The program shall require all Restaurant employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within ninety days of the date the written agreement referred to above is submitted to the Planning Director. In the case of new Restaurant employees, the employee shall attend the alcohol awareness training within ninety days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all Restaurant employees having contact with the public shall complete an alternative program approved by the Planning Director. The Restaurant operator shall provide the City with an annual report regarding compliance with this requirement. The Restaurant operator shall be subject to any future citywide alcohol awareness training program affecting similar establishments. K-2
(19) Within thirty days from the date of submission of the written agreement, the Restaurant applicant shall provide a copy of the signed agreement to the local office of the State Department of Alcoholic Beverage Control (ABC). (20) Prior to issuance of Certificate of Occupancy or business license, as applicable, the Restaurant operator shall submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specifY how the Restaurant operator will inform patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of two or more ordering alcoholic beverages. (21) In the event Restaurant operator fails to comply with any conditions of approval of this Exhibit, no further permits, licenses, approval or certificates of occupancy for the Restaurant shall be issued to such applicant until such violation has been fully remedied. (22) The Restaurant operator is on notice that all temporary signage is subject to the restrictions of the City's sign ordinance included in Exhibit "E", SMMC Article 9 (Planning and Zoning) to this Agreement. (23) The Restaurant shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12 or any successor thereto). (24) Prior to commence of alcohol service in the Restaurant, the Restaurant operator shall participate in the Santa Monica Alcohol Awareness for Retailers Training (S.M.A.A.R.T.) program conducted by the Santa Monica Police Department. (25) The Restaurant operator authorizes reasonable City inspection of the Restaurant ensure compliance with the conditions set forth in this Exhibit "K" and will bear the reasonable cost of these inspections as established by SMMC Section 2.72.010 and Resolution No. 9905 (CCS) of any successor legislation hereto. These inspections shall be no more intrusive as necessary to ensure compliance with this Exhibit "K". Acknowledgement of Restaurant Operator I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the approval to dispense alcoholic beverages. Print Name and Title Date Signature K-3
EXHIBIT "L" STUDENT INTERNSHIP PROGRAM Student Internship Program. Upon completion of any Building in the Creative Office Phase, the Developer of the Creative Office Phase ("Developer") shall implement a student internship program (the "Internship Program"), consistent with the following guidelines: 1. Purpose. The purpose of the Internship Program is to increase internship opportunities for Santa Monica residents attending high school in Santa Monica or Santa Monica College ("Targeted Internship Applicants"). 2. Definitions. a. "Employer" means an organization located in Santa Monica. b. "Internship" means a paid (unless taken for school credit) Seasonal, part time, or full time position for which a high school and/or college student would be qualified to perform the duties associated with the position. c. "Seasonal" means a duration of less than one year. 3. Outreach. a. Developer shall designate a "First-Source Hiring Coordinator" (FHC) that shall manage all aspects of the Internship Program. The FHC shall be responsible for reaching out to Employers to offer them infmmation about how to participate in the Internship Program. The FHC shall also be responsible for reaching out to Santa Monica College and Santa Monica high schools to provide information regarding Internship opportunities. In addition to implementation of the Internship Program, the FHC can have other work duties unrelated to the Internship Program. b. On an annual basis, the FHC shall reach out to Employers on-site and in Santa Monica inquiring into the prospective availability of Internships. The FHC shall consolidate information regarding such Internship opportunities and present it to the appropriate contact at Santa Monica high schools and Santa Monica College for circulation amongst the student body. 4. Performance Target. Developer shall provide a consolidated report to Santa Monica High School and Santa Monica College that includes a total of at least six (6) Internship opportunities per calendar year. Internship opportunities may be available either on-site or in the surrounding metro area. Developer shall have the right to offer Internships as an Employer. In the event there is insufficient demand from local students for the Internship opportunities and the Internship opportunities that are offered cannot be filled with qualified candidates (as L -1
determined at Employer's sole and reasonable discretion), Developer's obligations under this program shall be deemed to be satisfied. 5. Term. The Internship Program shall apply for the Life of the Project.. L-2
EXHIDIT "M" RESERVED M-1
z ~ ~-l !!5.1 {155>154+155+155+157) I 5 =156 155 1$4-. 1St ,I • ' r mEl (153+153+155+15fi+155}15 <155 153 153 ISJ §!!£1 nSJ+153+153+ 154+155}15 =154 15J_ 152-SITE< (152+152+153+153+ 155+155+153)17 <154 152 §l!5l {152+154+154+~55+ 153+153){€ <154 (-0 h •· ·; ~;.,.;~2;,,:~,,;;(l~~~f~~2=:;;:; :~;~~jSf {f::~::~=s~;~·i';?t:7-7-::--' c:.~·~. -~· _.:.;,~;,·;;;,;~~' ' .,. -... . > y I ' I rrsr,rss--~. ·t·. -,;;..;..;...-GRADE AVERAGE SITE1:~ SITE2:~SITE 3 : -~.1M SITE 4 = -ei5!L-SITE 5 = ~.5!1. .. \I ·-1 c '«•5:Jc-. \[ {15J.;.154JI2~ ! ~ I {1$1-..15$!;2::= "''l·'x:: "'-~, -; _,_J, --."-( -1SJ •. j ' Yt<o • 15J·--;.-.::1r .. _if·,:•:·-• ~ h ''"<~ \_ y•'c' '41;+f54if2-.. ----' e/ •' .. .--• l !1 ---,~~~ ::...~·· t {\ -15J I 53'156)12.1 -I\ I \""-· ~---' ' , So • :~' ~:-; ~ i} J;;,;;~. -~ ------~--"-1-"s --·1S-t-rs.: :;r§q_-156~ .;; ---:,,~w.~ ~ t:l ~ ; ~ ~
EXIllBIT "0" CONCEPTUAL TYPICAL STREET SECTIONS FOR TEMPORARY STREET IMPROVEMENTS 0-1
'· ' l " l'~i " ;J~ !~"' l!j~ .!!.,..-, ~~~Hl !jj;'!~ ~.3i2M i .. ! .t: N "' 01 ' Q.) iii J .,; .$ = ' 0 01 l i l :~~ 0 ~ ' •" ell <I j ! ,, H • 0 m ,! ,, :::~ ., ,, ~~ IIi ~~~
EXHIBIT "0" CONCEPTUAL TYPICAL STREET SECTIONS FOR PERMANENT STREET IMPROVEMENTS 0-2
OLYMPIC SIDEWALK+ LANDSCAPE sc.o.!.E' ~1<'•1'1)" 3 STEWART SIDEWALK+ LANDSCAPE St:AL"' ~0'•1\Q' 5 i1!¥ ce~<cRmsro<wALK WESfERN STREET+ SIDEWALK+ LANDSCAPE SCALE' ~6'•1'-o' 2 26TH ST SIDEWALK+ LANDSCAPE st:ALE: ~~~··:'.o-4 -----------------------·~ ~'"'!~" ,,[Jsq!3 J::LL!:'J.!r;JJJ-:-rMt-:Jll-:~m' ~~;::::~J::::;LLI.:--~ 'II " " ~~~~~][~1mWrlt~Jmlr:~rm ,~ >SI'K\l.1 R"'D CONC>1UE SIOEW"~ NEBRASKA STREET+ SIDEWALK+ LANDSCAPE 1 ~~~;i;'~~~~~. SCA!.E: ~!1'•1\Q' ~G<Nw; Hines Gensler .... S.FI:>worS!mrl Su0o1JOO '-"" Angdo,, CA 90071 Tot• 21J..6!9.5l00 fd" 21)..<520.142.1 lOO~. F;&""""S1Toot Lo•AnfiOI"'-CA 90011 Tdt 21)..127..1600 f~'< l1)..1Z7..1GOI 1.6. ~"'' Otlttlu•tDmn~~" h<"'~" s:rr~ ls.o!lll.,t~rt [Prolt~flal,· ~~-tl~ooiLIMtitCor-"' [Proi•~IOJ .. tr 01.7\112,100 [O.ooM~Ion S't'REEi'SEtii6iiSjER~~~ooro~OIT10N BD 09.3
EXHIBIT "P-1" NEBRASKA EXTENSION EASEMENT AREA ( 45,206 SF) p-I
EXHIBIT "P-2" OLYMPIC SIDEWALK EASEMENT AREA (9,884 SF) P-2
EXlllBIT "P-3" NEW WESTERN STREET EASEMENT AREA (16, 798 SF) -o<<)l!.o,NC:!~~~~~a A~~" _--"'l~t,-·~ ~~ ---;<m .. l·-~··"· -/*ijii'; ""''! \ vo l"rcr tll'<Ci / ' --" ' l_:» ----------__., -~·~-·-"' ,~~~··~--• ' I i i J Jf\' ;L·T·--a ~,1~ •.r.· L J , ~ r;;lG;~ ,LT __ _, _____ _ -WESTERN STREET EASEMENT AREA 16,798SF I p-3 •
EXIDBIT "P-4" NEW EASTERN STREET EASEMENT AREA (1 0,924 SF) P-4
EXIllBIT "P-5" 26TH STREET SIDEWALK EASEMENT AREA (1,798 SF) . 12'-0" • --l--i-'l-26TH STREET EASEMENT AREA 1,798 SF ~·· ' 0 0 P-5
EXHIBIT "Q" DEVELOPMENT STANDARDS Section 1. Exceptions to Building Height. The following shall he permitted to exceed the maximum permitted Building Height: (1) Vents, stacks, ducts, skylights and steeples provided such projections do not extend more than five feet above the maximum permitted Building Height. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed forty-two inches in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roofline if: (A) The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. (B) The elevator shaft does not exceed fourteen feet in height above the roofline and the stairwell enclosure does not exceed fomteen feet in height above the maximum permitted Building Height. (C) The area of all enclosures and other structures identified in paragraph (I) above that extend above the roofline shall not exceed twenty-five percent of the roof area. This limitation shall not apply to solar energy systems. (D) The mechanical equipment is screened in conformance with the Zoning Ordinance. (E) The mechanical equipment enclosure does not exceed twelve feet in height above the maximum permitted Building Height. (4) The screening required pursuant to the Zoning Ordinance of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the Building provided the total area enclosed by all screening does not exceed thirty percent of the roof area. (5) Chimneys may extend no more than five feet above the maximum permitted Building Height. ( 6) Solar energy systems pursuant to the Zoning Ordinance. Q -1
(7) One standard television receive-only nonparabolic antenna and one vertical whip antenna may extend no more than twenty-five feet above the roofline, provided that they are not located between the face of any Building and any public street or in any required front or side yard setback. Section 2. Floor Area. The total gross horizontal areas of all floors of a Building, including usable basements and all areas measured from the interior face of exterior walls, or a wall separating two Buildings excluding: (a) Stairways and stairwells; (b) Elevators, elevator equipment rooms and elevator shafts; (c) Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking; (d) Unenclosed decks, balconies and platforms not used for commercial or restaurant activity; (e) Courtyards, arcades, atria, paseos, walkways and corridors open to the outdoors whether or not covered by a roof provided they are not used for commercial or restaurant activity; (f) The volume above interior courtyards, atria, paseos, walkways and corridors whether covered or not; (g) Subterranean and semi-subterranean parking structures used exclusively for parking and loading and unloading; (h) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading; and (i) Mechanical equipment rooms, electrical rooms, telephone rooms, and similar space, if located below grade. Floor area shall include those areas occupied by the following: (a) Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors; (b) The floor area of interior courtyards, atria, paseos, walkways and corridors covered by a roof or skylight; Q-2
Section 3. Floor Area Ratio (FAR). The Floor Area of all Buildings on the parcel divided by the parcel area. Section 4. Grade. The average elevation of the ground level of the parcel surface in its natural state as measured at the intersection of the rear and front setback lines (if any) with the side setback lines of the parcel. Q-3
Approved and adopted this 11th day of February, 2014. 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. 2454 (CCS) had its introduction on February 4, 2014, and was adopted at the Santa Monica City Council meeting held on February 11, 2014, by the following vote: Ayes: Councilmembers: Davis, Holbrook Mayor ProTem O'Day, Mayor O'Connor Noes: Councilmembers: McKeown, Vazquez, Winterer Absent: Councilmembers: None A summary of Ordinance No. 2454 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: · Sarah P. Gorman, City Clerk