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SR-10-08-2013-7CCity Council Meeting: October 8, 2013 Agenda Item:° To: Mayor and City Council From: David Martin, Director of Planning and Community Development Subject: Development Agreement 12 -006 for Amendment to Development Agreement 11 -001 for the Mixed -Use Project at 401 Broadway Recommended Action Staff recommends that the City Council introduce for first reading an ordinance approving Development Agreement 12 -006, the First Amendment to the 401 Broadway Development Agreement. Executive Summary The applicant proposes to amend Development Agreement 11 -011, which authorized the construction of a 5 -story building, consisting of 56 residential units (48 studios and 8 one - bedroom units), 4,159 sq. ft. of ground floor commercial space and a two -level subterranean basement containing commercial tenant space and area for residential amenities. Specifically, Subterranean Level A contained commercial tenant space and Level B contained residential and commercial bike storage and showers, a screening room and storage. No on -site parking was provided. The applicant proposes to modify the ground floor design and layout and add a third subterranean level accessed via a vehicle elevator located along the rear alley. The ground floor street frontage along both 4th Street and Broadway would be modified as the residential entrance and lobby would be relocated from 4th Street to Broadway. Also proposed is minor reconfiguration of the ground floor space to accommodate relocated elevators and stairwells. The proposed ground floor will contain a 274 sq. ft. residential lobby, 3,606 sq. ft. of rentable commercial space and 706 sq. ft. of outdoor dining area along Broadway. Subterranean Level A is proposed to contain 6,860 sq. ft. of rentable retail space and 2 unisex showers along with 18 lockers for employees. Subterranean Level B (P1) is proposed to contain 24 parking spaces and 28 residential bike lockers. In addition, the applicant proposes to add 25 parking spaces in new Subterranean Level C (P2) along with an additional 28 residential bike lockers. All spaces will be used by residents. The 49 spaces include 27 standard spaces and 22 compact spaces with extra width. All parking spaces will be unbundled from the residential units. The Planning Commission considered the proposed DA modification at its meeting of May 15, 2013. The Commission's actions are discussed later in this report. 1 Background A Development Agreement between the applicant and the City was approved by Council on December 13, 2011 and authorized the construction of the 5 -story mixed - use building. As part of the Development Agreement, a number of public benefits were negotiated for inclusion in the project. These include the following: • An enhanced Transportation Demand Management (TDM) plan with measures applicable to both the commercial and residential components of the project. • A monetary contribution towards transit and circulation infrastructure in the Downtown area of $125,000. • One additional non - required very low income unit. • A project ground floor arcade that enhances the adjacent sidewalks providing additional space for pedestrians at the street corner. • One on -site affordable housing unit exceeding the minimum on -site requirement pursuant to the City's Affordable Housing Production Program (five very -low income units on -site required by AHPP, six very -low income units on -site provided in the project, therefore the sixth unit is the community benefit). • A minimum LEEDO Silver certification as established by the LEEDO Rating System or a demonstrated equivalent sustainable design status. • The implementation of roof - mounted photovoltaic solar panels. • A local hiring provision to facilitate the employment of local workers during construction. Additional community benefits have been proposed by the applicant as part of this amendment, which are discussed later in this report. Project Description and Analysis The applicant proposes to modify the ground floor and add a third subterranean level in order to add 49 subterranean parking spaces to the project. The project was originally approved with no parking; however, financing challenges have caused the applicant to revise the project. The ground floor level is proposed to be re- configured and modified 2 to add a vehicle elevator at the rear along 4th Court alley so that vehicles may be lowered into subterranean levels B and C (parking levels P1 and P2). The residential lobby, stairs and residential mailboxes have been re- located from 4th Street to Broadway. One elevator now serves both the below -grade commercial space and the residential units on floors two through five. The 18 bike racks proposed along Broadway at 4th Court alley have been reduced to 12 bike racks, with the remaining 6 bike racks re- located to the corner entrance of the commercial space along Broadway. Finally, the landscaped areas along the 4th Street frontage have been eliminated. Subterranean level A will contain 6,860 sq. ft. of rentable commercial space with 2 unisex showers and 18 bike lockers for employees. Subterranean Level B (P1), which was originally a screening room, bicycle storage, lockers, and employee showers, is being converted to 24 residential parking spaces (1 handicapped, 1 van accessible, 11 standard and 11 compact), 28 residential bike lockers and a switchgear room. New Subterranean Level C (P2) will provide 25 residential parking spaces (14 standard and 11 compact) and another 28 residential bike lockers. 3 401 Broadway —Perspective Digital Rendering of Approved Project — 12ARB010 The modified project would appear substantially identical to the above approved project. Ground Floor Plan — Residential Lobby moved to Broadway frontage The applicant is proposing that the subterranean parking spaces be available for rental to residents of the market -rate units in the building on a first come, first served basis at market rates. The deed - restricted very low and moderate income units would each be provided one parking space at no additional charge. If there are un- utilized spaces, parking would be available for rental to commercial tenants. All commercial leases will require commercial tenants to charge employees for parking. Occupants of the very low and moderate income housing units that do not opt for a parking space would be given a $100 per month rent reduction. Parking Operation The amended DA includes 49 parking spaces in 2 subterranean levels accessed by a vehicle elevator which will be valet operated. The vehicle elevator accessed off 4th Court alley can accommodate one vehicle at a time. The garage door and elevator would be operated remotely in the same manner as a garage door or gate opener common in other buildings. Information provided by the applicant from the elevator manufacturer on its operational characteristics documented that the turn - around time for the car elevator to access Level C and return to ground level would range from 60 to 90 seconds. 0 In reviewing the proposed car elevator operation, staff had some concerns regarding the potential for in -bound vehicles queuing in the alley while waiting for the elevator to arrive, particularly if the elevator is located at the second subterranean parking level. To assess this issue, staff requested information from the applicant regarding the pattern of vehicles entering and exiting subterranean parking at other similar occupied downtown mixed -use developments. The data indicated that there were a few instances where cars have to wait to enter; however, staff did not find that, over the course of the day, it was significant enough to create a safety issue and require the addition of a second vehicle elevator for the site. Summary of Development Agreement Amendment Only minor changes to the Development Agreement are required to accommodate the applicant's originally proposed modified amendment: • Project description and plans will be revised to include the proposed changes; • Section 2.2 of the DA will be amended to include the subterranean parking spaces for vehicles and bicycles as project components; • Section 2.5.2 of the DA will be amended to add restaurant uses with valet, residential automobile and bicycle parking and bicycle lockers and showers for commercial employees as permitted uses; • Section 2.8.2 of the DA will be amended to include the new community benefits and updated Transportation Demand Management Plan requirements; • Section 2.8.2 of the DA will be amended to increase the Average Vehicle Ridership (AVR) for the commercial portion of the project from 1.75 to 2.0; • Section 3.3 of the DA will be amended to modify the date of the Outside Building Permit Issuance to reflect the new effective date of the ordinance enacting the DA modifications; and • Section 5.2.1(h) of the DA will be added to reflect an in -lieu parking assessment fee of $100,000 for five parking spaces not provided on —site; and 5 • Other development agreement provisions have been modified for clarification or updated to be consistent with the terms of other recently approved or recently negotiated development agreements. A Development Agreement Amendment is required for this project because the original Development Agreement, in Section 2.4.2, only allowed for minor modifications to the DA to be administratively approved by Director of Planning. The proposed modifications are considered to be beyond the scope of a minor modification to the project. Community Benefits The applicant proposed additional community benefits on the night of the Planning Commission hearing in addition to those included in their original proposal. They include: • An increase from 6 very low income units (1 unit in excess of requirements and a community benefit) to a total of 10 units — 5 very low income units and 5 moderate income units (5 moderate income units as a community benefit). • LEED Gold equivalency (in lieu of LEED Silver equivalency in the original DA). • 24 roof -top photo voltaic panels. In exchange for these additional community benefits, the applicant requested that the project be exempted from any Downtown Parking Assessment District in -lieu parking fees for parking spaces in excess of the actual parking demand. The applicant has also recently added a community benefit of a $25,000 contribution to an interest - bearing trust fund to be created by the applicant to be used for historic preservation in the downtown. Planning Commission Action The Planning Commission conducted a public hearing on the proposed DA modification at its May 15, 2013 meeting, including those additional community benefits proposed that evening. In its deliberations, the Commission had significant discussions, A particularly regarding off - street parking. The applicant submitted a parking demand study that the Commission felt was not sufficiently supportive of their request for the in- lieu fee modifications since it did not include the parking demand of the commercial space. They forwarded the following conditions and recommendations to the Council regarding the project and its community benefits: • 10 affordable units (5 very low, 5 moderate). • LEED Gold equivalency. • Require a minimum of 24 photovoltaic panels on the roof. • Architectural Review Board review shall confirm that the design is substantially the same as the originally approved project and shall pay special attention to the pedestrian orientation along the retail frontages of Broadway and 4th Street. • $100 monthly rent credit for very low income tenants, who do not utilize on -site parking, with annual CPI escalators. • Add the following language to Section 2.8.2(b), paragraph 3B of the modified DA: "Developer shall market these residential units exclusively to downtown employers and their employees for a,period of 90 days when these units are initially offered for rent." This language was inserted by the Council in the approval of the 1318 2nd Street Development Agreement. • Permit shared monthly parking with off -site parkers in the subterranean garage, if and when available. • Re- submit parking demand study with supporting documentation and include commercial parking demand. • Retain DA Section 5.2.1 (h) and tie parking assessment fee to parking demand for spaces in excess of the on -site supply, based on the revised study. Revised Parking Demand Study The applicant re- submitted a parking demand study to staff on August 21, 2013 per the Commission's direction in order to support their recommended modification to Section 5.2.1(h) of the DA as requested by the applicant. The study, prepared by Linscott Law & 7 Greenspan, was based on a review of the recommended revised parking standards for retail and residential uses in the Nelson \Nygaard report for projects in Transit Oriented and Mixed Use areas that were reported to the Planning Commission in a Zoning Ordinance update on January 30 2013 and the parking standard of 1 space per 500 sq. ft. recommended for commercial uses in the Bergamot Area Specific Plan for any restaurant that operates within ground floor commercial space. Using the more conservative Bergamot standard, the report concluded that there would be a short -fall of 2 spaces if retail uses occupied the ground floor, or 5 spaces if a restaurant occupied the space. The applicant is proposing to pay an in -lieu parking assessment fee of $100,000 for 5 spaces. This fee is based upon the staff recommendation for the Downtown Parking In- Lieu Fee Program of $20,000 per space, which the Planning Commission reviewed and recommended on August 21, 2013. Staff has reviewed the information provided by the applicant and, along with the increased AVR from 1.75 to 2.0, believes that the $100,000 is appropriate. Staff recommends changes to Section 5.2.1 (h) of the DA with respect to the Downtown Parking Assessment Fee as follows: (h) Prior to issuance of a certificate of occupancy for the Project, Developer shall pay a one- time parking in -lieu fee of one - hundred thousand dollars ($100,000.00). With payment of this one -time fee, Developer shall be exempt from any current or future parking in lieu fee assessed by the City, including: (1) the existing Parking Developer Fee adopted by the City Council on August 19,1986 (Resolution No. 7286 (CCS)) and (2) any future revised or updated parking in lieu fee adopted by the City Council. Land Use and Circulation Element Consistenc 401 Broadway is located in the Downtown Core land use designation and within the LUCE Downtown District. The LUCE vision for the Downtown Core seeks to maintain and enhance the Downtown area as a thriving, mixed -use urban environment in which people can live, work, be entertained, and be culturally enriched. The Downtown Core E�3 designation and District allows for the broadest mix of uses and activities, and seeks to provide new housing units in mixed -use projects The proposed Development Agreement modification adds 49 subterranean parking spaces to the same on -site uses proposed with the original mixed -use project. As such, the modified project is consistent with the objectives, policies, general land uses and programs in the general plan in that, consistent with LUCE Policy D11.1 of the Downtown District, as the proposed modified mixed -use project provides additional parking resources in the Downtown. The proposed modified project is also consistent with Policy D9.3 that discourages open on -grade parking and on -grade parking visible from the street. Environmental Analysis The proposed five -story, 56 -unit, mixed -use project, as modified, is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Section 21159.24 which exempts infill housing projects from CEQA if a project is consistent with the applicable general plan and a community level environmental review was previously certified or adopted in the last five years. Specifically, the proposed project meets all of the criteria prescribed in Section 21159.24(a): 1. The proposed modified project is a residential project on an infill site. Per Section 21159.24(d), a residential project is defined as a project with residential units and primarily neighborhood serving retail /commercial uses that do not exceed 15 percent of the total floor area. These neighborhood serving retail /commercial uses will be small -scale general or specialty establishments primarily serving residents or employees of the neighborhood and will include but not be limited to retail or restaurant use. The proposed project, as modified, includes approximately 23,652 square feet of residential floor area and approximately 4,312 square feet of commercial use for a total project area of approximately 28,869 square feet. The commercial space does not exceed 15 percent of total floor area, and therefore, the proposed project meets the definition of a residential project. 2. The proposed modified project is located within an urbanized area as defined in CEQA Section 21071. Additionally, the project site has been previously developed and is surrounded by existing development. 9 3. The project site satisfies the criteria of Section 21159.21 in that the project, as modified, remains consistent with the LUCE and the City's Zoning Ordinance in effect at the time that the application was deemed complete. In addition, the proposed modified project can be adequately served by existing utilities, and the project applicant will pay all applicable in -lieu and development fees. The project site also does not contain wetlands or wildlife habitat; is not listed as a hazardous waste site pursuant to Section 65952.5 of the Government Code; and will be subject to a Phase I environmental site assessment. The proposed modified project will have no impact on historic resources in the area. The project site is not subject to wild land fire hazard, high risk of fire or explosion, or significant public health risk. The project site is also not located within a delineated earthquake fault zone or seismic hazard zone or a landslide flood plain, and flood way area; on developed open space; or within the boundary of a state conservancy. 4. Community level environmental review was adopted within five years of the date of the project application. Specifically, a Final EIR for the LUCE was certified in June 2010. 5. The project site is approximately 0.17 acres and does not exceed the threshold of four acres. 6. The proposed modified project includes 56 units and does not exceed the threshold of 100 residential units. 7. The proposed modified project will include five very -low income studio units and five moderate income studio units. 8. The proposed modified project is located within one -half mile of a major transit stop at Fourth Street and Santa Monica Boulevard. This stop is served by at least six Big Blue Bus routes including Lines 1, 2, 3, 4, 5, and 9 with 15 minute headways or less during the morning and afternoon peak commuter hours. 9. The proposed project, as modified, is approximately 28,869 square feet and does not exceed 100,000 square feet. 10. The proposed modified project provides the equivalent density of 325 units per acre and thus, is presumed to promote higher density infill housing. Furthermore, in accordance with Section 21559.24(b), there is no reasonable possibility that the project, as modified, will have a project- specific, significant effect on the environment due to unusual circumstances. With the addition of subterranean parking, there remains no feature of this project which would distinguish it from any other mixed- 10 use project in this area or other projects in the exempt class. No substantial changes with respect to the circumstances under which the project is being undertaken have occurred since the community -level environmental review (LUCE Final EIR) was certified. In addition, no new information has become available regarding the project and its circumstances that was not known at the time of the LUCE Final EIR. Therefore, based on the above, the proposed project is exempt from CEQA pursuant to Section 21559.24. Conclusion Only minor changes to the Development Agreement are required to accommodate the applicant's proposal. Staff's recommendation is based on the fact that the proposed amendment will provide for off - street parking in a development that originally did not include any off - street spaces, which benefits the future occupants of the building and alleviates demand from the residents for parking at off -site locations. Also, additional community benefits have been proposed by the applicant, including increases in the number of affordable units available on -site. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Paul Foley, Principal Planner Approved: Forwarded to Council: David Martin, Director Rod Gould Planning and Community Development City Manager Elk Attachments: A. Draft Ordinance and Amendment No. 1 to Development Agreement 11 -001 B. Project Plans 12 Draft Ordinance and Amendment No. 1 to 401 Broadway Development Agreement 13 CA:f\atty \muni \laws \barry\401 Broadway DA Amendment City Council Meeting 10 -08 -13 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION AND 401 BROADWAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the CITY OF SANTA MONICA ( "City ") and FOURTH AND BROADWAY, LLC, a California Limited Liability Company, and Robert A. Grigsby as Successor Trustee of the JESSE L. AND LUDONA GRIGSBY REVOCABLE TRUST entered into that certain Development Agreement dated March 8, 2012 and recorded in the Official Records of the County of Los Angeles on March 20, 2012 as Instrument No. 20120429180 (the "Agreement "). WHEREAS, the Agreement relates to the real property located in the City of Santa Monica, State of California, described in Exhibit A of the Agreement attached thereto (the "Property "). The Property is currently improved with an automobile repair facility and a surface parking lot. WHEREAS, the Agreement allows for construction of a new five -story residential /commercial mixed use building, including fifty six (56) residential units on floors two through five with roof decks for use by residential tenants, ground floor commercial uses and other non - residential uses on two subterranean levels (the "Original Project "). The Original Project was approved without any automobile parking spaces. WHEREAS, on December 26, 2012, 401 Broadway, LLC, a California Limited Liability Company ( "401 Broadway ") acquired legal title to the Property. 401 Broadway and the City desire to amend the Agreement in the manner set forth herein to modify the Original Project to include: one subterranean level for retail, restaurant with valet parking and /or other non - residential uses, and two additional levels of subterranean automobile parking ( "Amendment No. 1 "). The Agreement will also be amended to relocate the residential entrance and lobby from Fourth Street to Broadway, to reconfigure the ground floor space to accommodate relocated elevators and stairwells, to revise the on -site affordable housing requirement, to adjust the TDM plan requirements, to adjust the standards for LEED® certification, to require photovoltaic panels, and to require a parking in -lieu fee payment. Finally, the Agreement will be amended to clarify and update standard conditions of approval for the project E. The City Council has determined that the modifications to the Agreement set forth in this Amendment No. 1 are consistent with the goals and policies of the City's General Plan, including the Land Use and Circulation Element ( "LUCE "), and the Bayside District Specific Plan. Specific LUCE goals that would be advanced by Amendment No. 1 include the following: 2 (1) "Encourage new projects to improve residents' opportunities to find parking." (LUCE Circulation Goal T23, p. 4.0 -71). (2) "Design parking to meet applicable urban design goals and minimize negative impacts on pedestrians, bicyclists and transit users." (LUCE Circulation Goal T25, p.4.0 -71). (3) "Use parking policies to achieve housing affordability, congestion management and air quality goals." (LUCE Circulation Goal T26, p.4.0 -72). (4) "In all new multi - family development, seek to provide the option to purchase parking separately from residential units to reduce the overall cost of housing." (LUCE Circulation Goal T26.9, p.4.0 -73). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The First Amendment to the Development Agreement attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporation, and 401 Broadway, LLC, a California Limited Liability Company is hereby approved. The City Manager is authorized to execute the attached First Amendment to the Development Agreement. t SECTION 2. Each and every term and condition of the First Amendment to the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 4 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: 5 EXHIBIT 1 Recording requested and return to: Office of the City Attorney 1685 Main Street, Rm. 310 Santa Monica, CA 90401 Attn: Senior Land Use Attorney AMENDMENT NO. I TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA MONICA AND 401 BROADWAY, LLC Dated: , 2013 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT This Amendment No. I to Development Agreement ( "Amendment No. V) is entered into as of , 2013, by and between the CITY OF SANTA MONICA, a Charter City organized and existing under the laws of the State of California (the "City ") and 401 BROADWAY, LLC, a California Limited Liability Company (the "Applicant" or "Developer "), with reference to the following facts: A. The City and FOURTH AND BROADWAY, LLC, a California Limited Liability Company, and Robert A. Grigsby as Successor Trustee of the JESSE L. AND LUDONA GRIGSBY REVOCABLE TRUST entered into that certain Development Agreement dated March 8, 2012 and recorded in the Official Records of the County of Los Angeles on March 20, 2012 as Instrument No. 20120429180 (the "Agreement "). B. The Agreement relates to the real property located in the City of Santa Monica, State of California, described in Exhibit A of the Agreement attached hereto (the "Property "). The Property is currently improved with an automobile repair facility and a surface parking lot. C. On January 10, 2012 the City Council adopted Ordinance No. 2387 which approved the Agreement and allowed for construction of a new five -story residential /commercial mixed use building, including fifty six (56) residential units on floors two through five with roof decks for use by residential tenants, ground floor commercial uses and other non - residential uses on two subterranean levels (the "Original Project "). The Original Project was approved without any automobile parking spaces. D. On December 26, 2012 the Applicant acquired legal title to the Property. The Applicant and the City desire to amend the Agreement in the manner set forth herein to modify the Original Project to include: one subterranean level for retail, restaurant with valet parking and /or other non - residential uses, and two additional levels of subterranean automobile parking ( "Amendment No. 1 "). The Agreement will also be amended to relocate the residential entrance and lobby from Fourth Street to Broadway and to reconfigure the ground floor space to accommodate relocated elevators and stairwells. E. The City has determined that the modifications to the Agreement set forth in this Amendment No. 1 are consistent with the goals and policies of the City's General Plan, including the Land Use and Circulation Element ( "LUCE "), and the Bayside District Specific Plan. Specific LUCE goals that would be advanced by Amendment No. 1 include the following: (1) "Encourage new projects to improve residents' opportunities to find parking." (LUCE Circulation Goal T23, p. 4.0 -71). (2) "Design parking to meet applicable urban design goals and minimize negative impacts on pedestrians, bicyclists and transit users." (LUCE Circulation Goal T25, p.4.0 -71). (3) "Use parking policies to achieve housing affordability, congestion management and air quality goals." (LUCE Circulation Goal T26, p.4.0 -72). (4) "In all new multi - family development, seek to provide the option to purchase parking separately from residential units to reduce the overall cost of housing." (LUCE Circulation Goal T26.9, p.4.0 -73). F. The City's Planning Commission held a duly noticed public hearing on May 15, 2013 with respect to the Amendment No. 1. At the May 15, 2013 hearing the Planning Commission recommended that the City Council approve Amendment No. 1 subject to the Applicant's commitment to: (i) increase the number of deed restricted affordable units from six (6) units to ten (10) units, (ii) achieve the equivalency of LEED Gold certification and (iii) provide of twenty -four (24) rooftop photovoltaic panels. The Planning Commission instructed the Planning Department to further analyze the Applicant's parking demand study to determine the appropriateness of a waiver from the current and future parking in lieu fee ordinance. G. In taking this action the City Council has: (a) specifically considered and approved the impacts and benefits of the requested Amendment No. 1 and concluded that this Amendment No. 1 is consistent with the public health, safety and welfare of the residents of the City and the surrounding region, and as detailed above, promotes the goals, objectives and policies of the General Plan including the LUCE; (b) determined that the City has complied with all procedures required by Government Code Section 65864, et. seq., and Santa Monica Municipal Code Chapter 9.48 with respect to Amendment No. 1; and (c) duly authorized the City to enter into this Amendment No. 1. NOW, THEREFORE, IN CONSIDERATION of the foregoing facts and the mutual covenants set forth herein, the parties hereto agree as follows: 1. The Agreement is hereby amended in the following respects: a. Project Plans. The definition of "Project Plans" in Section 1.16 of the Agreement is amended in its entirety to read as follows: "Project Plans" mean the plans for the Project that are attached to this Amendment No. 1 as Exhibit `B." 2 b. Subterranean Space. The definition of "Subterranean Space" in Section 1.21 of the Agreement is amended in its entirety to read as follows: "Subterranean Space" consists of three levels in the Project below the ground floor as shown on the Project Plans. c. Principal Components of the Project. Section 2.2 of the Agreement is amended in its entirety to read as follows: The Project consists of the following elements, as well as the other elements delineated in the Project Plans, all of which are hereby approved by the City subject to the other provisions of the Agreement and Amendment No. 1: Demolition of the existing building and construction of a new five - story residential /commercial mixed use building, including fifty six (56) Rental Housing units on floors two through five, other uses on the ground floor and in the Subterranean Space as specified in Section 2.5.2 of this Amendment No. 1, and roof decks for use by the occupants of the Rental Housing units and their guests. Of the 56 Rental Housing units, forty eight (48) will be studios (including (10) affordable housing units as specified in Section 2.8.2(a) of this Amendment No. 1) and eight (8) will be market rate one - bedroom units. d. No Obligation to Develop. Section 2.3.4 of the Agreement is deleted in its entirety. e. Permitted Uses. Section 2.5.2 of the Agreement is amended in its entirety to read as follows: Permitted Uses in the Project are as specified below: (a) Above the ground floor: Rental Housing. 3 • ` • e. Permitted Uses. Section 2.5.2 of the Agreement is amended in its entirety to read as follows: Permitted Uses in the Project are as specified below: (a) Above the ground floor: Rental Housing. 3 (b) On the ground floor: Any nonresidential uses permitted by the Code in effect at the time the use is established; provided however that all such uses shall be primarily neighborhood serving uses and shall be subject to Section 2.5.5 of the Agreement. These neighborhood - serving nonresidential uses shall be small scale general or specialty establishments primarily serving residents or employees of the neighborhood, including guests of hotels located in the neighborhood ( "Neighborhood Serving Uses "); provided that such determination shall be rendered by the City at the time of issuance of the business license for each such individual use and not thereafter. Restaurants that provide valet parking during all hours of operation are deemed to be permitted Neighborhood Serving Uses. For purposes of the Agreement and this Amendment No. 1, given the Property's location in the core area of Downtown, Neighborhood Serving Uses of no more than 10,000 square feet of usable area, not including subterranean storage areas, the transformer area, meter area, or refuse area, shall be deemed "small -scale establishments." (c) In the Subterranean Space on the first level below the ground floor (depicted as Subterranean Level A on the Project Plans): (1) Any nonresidential uses permitted by the Code in effect at the time the use is established; provided, however that all such uses shall be Neighborhood Serving Uses, as defined in Section 2.5.2(b) of the Agreement and this Amendment No. 1 and shall be subject to Section 2.10.7. Restaurants that provide valet parking during all hours of operation are deemed to be permitted Neighborhood Serving Uses. (2) Showers and bicycle lockers for on -site commercial employees who bicycle or use another active means, powered by human propulsion, of getting to work or who exercise during the work day. (3) Uses which are determined by the Planning Director to be necessary and customarily associated with, and appropriate, incidental and subordinate to one or more of the Permitted Uses and which are consistent and not more disturbing or disruptive than the Permitted Uses. M (d) In the subterranean space on the second and third levels below the ground floor (depicted as Subterranean Levels B and C on the Project Plans): (1) Automobile parking; (2) Residential bicycle lockers; and (3) A switchgear /electrical room. Except as specifically provided herein, the Applicant will not be required to obtain any additional Discretionary Approvals for any of the Permitted Uses. Permitted Uses may commence in the Project upon issuance of a City business license and without any discretionary planning approvals for such uses. f Alcoholic Beverage Permits. The Agreement is amended to add the following Section 2.6(c): This Section 2.6 shall survive the expiration of the Term of the Agreement; shall remain binding on Developer, its successors, and assigns; and shall continue to remain in effect for the life of the Project. g. On -Site Affordable Housing. Section 2.8.2(a) of the Agreement is amended in its entirety to read as follows: In addition to the five (5) Very Low Income studio units provided in satisfaction of the City's Affordable Housing Production Program requirements, Developer shall provide an additional five (5) studio units for . Moderate Income Households as a community benefit, for a total of ten (10) affordable units in the Project. The five (5) Very Low Income studio units shall be rented to "50% Income Households" as defined in SMMC Section 9.56.020. "Moderate Income Households" shall have the meaning provided in SMMC Section 9.56.020. All ten (10) affordable housing units shall be developed pursuant to the City's Affordable Housing Production Program (Chapter 9.56 of the Existing Regulations) except that all affordable housing units shall be studio units of not less than 336 square feet in size as shown on the Project Plans. h. TDM Plan. Section 2.8.2(b) of the Agreement is amended in its entirety to read as follows: 5 Developer shall implement and maintain the following Transportation Demand Management Plan ( "TDM Plan "): 1. Measures Applicable to Entire Project (Commercial and Residential Elements): A. Transportation Information Center. The Developer shall maintain, for the life of the Project, a Transportation Information Center ( "TIC'). The location of the TIC shall be mutually agreed upon by the Transportation Demand Program Manager and the Developer prior to the City's issuance of a certificate of occupancy for the Building, and may be relocated from time to time thereafter upon mutual agreement of the Developer (or Developer's successor in interest) and the Transportation Demand Program Manager. The TIC shall include information for employees, visitors and residents about: ® Local public transit services, including current maps, bus lines, light rail lines, fare information, schedules for public transit routes serving the Project, telephone numbers and website links for referrals on transportation information, including numbers for the regional ridesharing agency, vanpool providers, ridematching and local transit operators, ridesharing promotional material supplied by commuter- oriented organizations and shuttles; and ® Bicycle facilities, including routes, rental and sales locations, on -site bicycle facilities, bicycle safety information and the shower facility for the commercial tenants of the Project. The TIC shall also include a list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site, including locations of EV charging stations, and car share and bike share locations. Walking maps and information about local services, restaurants, movie theaters and recreational activities within walking distance of the Project shall also be made available. Such transportation information shall be provided on -site, regardless of whether also provided on a website. D B. Unbundled Parking. Developer shall lease its parking to residential tenants separately from the residential units. Such parking shall be leased at market rates established by Developer from time to time. Notwithstanding the foregoing, tenants of the deed restricted affordable units shall be offered either: (1) one parking space per deed restricted affordable unit at no additional charge or (2) a $100 reduction in monthly rent per deed restricted affordable unit in lieu of a parking space (adjusted annually per the Consumer Price Index ( "CPI ") starting from the date of issuance of a certificate of occupancy for the Project). Developer may, subject to the Planning Director's approval, reconfigure the parking spaces and operations from time -to -time in order to facilitate unbundling of parking. In the event there are excess unbundled parking spaces, at any time Developer may rent those excess spaces to commercial tenants. C. Public Bicycle Parking. Developer shall provide bicycle parking for public use in the amount of nine (9) short-term bicycle parking spaces for commercial patrons, and nine (9) short-term bicycle spaces for resident visitors (18 total public bike spaces), as shown on the Project Plans. D. Marketing. Developer shall promote ridesharing quarterly through newsletters or other communications to tenants, both residential and commercial. Furthermore, Developer shall hold at least one rideshare event annually for residential tenants and commercial employees of the Project, which may be provided in conjunction with the contemplated TMA. E. Transportation Coordinator. Developer shall designate an existing employee as the "Transportation Coordinator" to be responsible for implementing, maintaining and monitoring the TDM Plan. Once at least 50% of the residential units are occupied, the Transportation Coordinator must be able to dedicate a minimum of fifteen hours per week to overseeing the TDM Plan. The Transportation Coordinator's contact information shall be provided to the City and updated as necessary. The Transportation Coordinator shall be responsible for promoting the TDM Plan to employees and residents, updating information boards /websites, offering carpool and vanpool matching services and assisting with 7 route planning and will be . the point of contact for administration of the annual survey and TDM Plan report required by this Agreement, in addition to any other services the Transportation Coordinator may perform at the Project for Developer. Transportation Coordinator services may be provided through the TMA contemplated in Section 2.13 below. 2. Measures Applicable to Project's Commercial Component Only: A. Target AVR. For employees of the commercial tenants, Developer shall achieve an average vehicle ridership ( "AVR ") of 2.0 by the third year after the City's issuance of a certificate of occupancy for the Project and the 2.0 AVR shall continue to be achieved and maintained thereafter. SMMC Chapter 9.16 shall govern how the AVR is calculated. Developer will determine its AVR through employee surveys for one consecutive week each calendar year beginning the first year the commercial component is at least 50% occupied. Developer shall submit such baseline survey to the City at the time of submittal of its annual compliance report for this Agreement. The City shall monitor the TDM plan performance as part of the City's Periodic Review of the Project. If during any annual evaluation of the Project's employee trip reduction plan, the AVR requirement has not been achieved for the Project, then Developer shall propose modifications to the TDM Plan that Developer considers likely to achieve the AVR requirement by the date of the next annual evaluation of the Project's employee trip reduction plan. In addition, the City's Planning Director may recommend feasible modifications to the TDM Plan. Failure to achieve the AVR performance standard as provided in this Section (A) will not constitute a Default within the meaning of the Agreement so long as Developer is working cooperatively with the City and taking feasible steps to achieve compliance. The term "feasible" shall have the meaning given that term in Section 21061.1 of the California Resources Code. For purposes of determining AVR, the survey must be conducted in accordance with Section 9.16.070(d)(2)(1) of the Zoning Ordinance except to the extent modified by this Agreement below: 91 The survey must be taken over five consecutive days during which the majority of employees are scheduled to arrive at or leave the worksite. The days chosen cannot contain a holiday and cannot occur during `Rideshare Week' or other `event' weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, etc.). This survey must have a minimum response rate of seventy -five percent of employees who report to or leave work between six a.m. and ten a.m., inclusive, and seventy - five percent of employees who report to or leave work between three p.m. and seven p.m., inclusive. Employers that achieve a ninety percent or better survey response rate for the a.m, or p.m. window may count the `no- survey responses' as `other' when calculating their AVR. The procedure for calculating AVR at a worksite shall be as follows: i. The AVR calculation shall be based on data obtained from an employee survey as defined in Section 9.16.070(d)(2) of the Zoning Ordinance, except as provided herein. ii. AVR shall be calculated by dividing the number of employees who report to or leave the worksite by the number of vehicles arriving at or leaving the worksite during the peak periods. All employees who report to or leave the worksite that are not accounted for by the employee survey shall be calculated as one employee per vehicle arriving at or leaving the worksite. Employees walking, bicycling, telecommuting, using public transit, arriving at the worksite in a zero emission vehicle, or utilizing other shared ride shuttle services for at least 75% of their commute shall be counted as employees arriving at or leaving the worksite without vehicles. Employees telecommuting or on their day off under a recognized compressed work week schedule shall also be counted as employees arriving at or leaving the worksite without vehicles. Motorcycles shall be counted as vehicles. 7 iii. A child or student may be calculated in the AVR as an additional passenger in the carpool /vanpool if the child or student travels in the car /van to a worksite or school /childcare facility for the majority (at least fifty -one percent) of the total commute. iv. If two or more employees from different employers commute in the same vehicle, each employer must account for a proportional share of the vehicle consistent with the number of employees that employer has in the vehicle. V. Any employee dropped off at a worksite shall count as arriving in a carpool /vanpool only if the driver of the carpool /vanpool is continuing on to his/her worksite. vi. Any employee telecommuting at home, off -site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total travel distance by at least fifty -one percent shall be calculated as if the employee arrived at the worksite in no vehicle. vii. Zero emission vehicles (electric vehicles) shall be calculated as zero vehicles arriving at the worksite. Furthermore, the definition of AVR contained in SMMC Section 9.16.030, in force and effect on the Effective Date, shall govern how AVR is calculated. That definition reads as follows: "The total number of employees who report to or leave the worksite or another job - related activity during the peak periods divided by the number of vehicles driven by these employees over that five -day period. The AVR calculation requires that the five -day period must represent the five days during which the majority of employees are scheduled to arrive at the worksite. The hours and days chosen must be consecutive. The averaging period cannot contain a holiday and shall represent a normal situation so that a projection of the average vehicle ridership during the year is obtained." 10 B. Transportation Demand Management Association. The property owner and building tenants shall be required to participate in the establishment of a Transportation Demand Management Association ( "TMA ") that may be defined by the City. TMAs provide employees, businesses, and visitors of an area with resources to increase the amount of trips taken by transit, walking, bicycling and carpooling. If a TMA is formed in the City, Developer shall participate as a full dues paying member of the TMA. Developer shall require in all leases it executes as landlord for space within the Project that building tenants be required to participate in the TMA and that all subleases contain this same provision. Developer may elect to provide some or all of the services required by this Section 2.8.2(b) through the TMA. C. Employee Transit Subsidy In Lieu of Parking. Developer shall require in all tenant leases it executes as landlord that each tenant offer its employees who do not purchase on -site monthly automobile parking that becomes available in the Project a monthly Metro EZ Transit Pass (or equivalent multi - agency monthly transit pass) at no cost, with such passes provided on -site. D. Employee Secure Bicycle Storage. Developer shall provide secure bicycle parking for commercial employees in the amount of eighteen (18) long -term spaces as shown on the Project Plans. For the purpose of this Section, secure bicycle parking shall mean bicycle lockers, an attended cage, or a secure parking area. If the secure bicycle storage is not secure individual bicycle lockers, commercial employee secure bicycle storage shall be provided in an area separate from the secure bicycle storage for residents. E. Employee Showers and Locker Facilities. Two (2) single shower and locker facilities shall be provided for employees of commercial uses on site who bicycle or use another active means, powered by human propulsion, of getting to work or who exercise during the work day. F. Employee Flex -Time Schedule. The Developer shall require in all commercial leases it executes as landlord for space within the Project that, when commercially feasible, employers shall permit employees within the Project to adjust their work hours in order to accommodate public transit schedules, rideshare arrangements, or off -peak hour commuting. G. Employee Guaranteed Return Trip. The Developer shall require in all leases it executes as landlord for space within the Project that tenants provide employees who rideshare (this includes transit riders, vanpoolers, walkers, carpool), with a return trip to their point of commute origin at no additional cost to the employee, when a personal emergency situation, such as personal and family illness or injury, requires it. Developer, or Developer's successor in interest, shall be responsible for ensuring this obligation is satisfied. The employee guaranteed return trip may be provided through the TMA contemplated in Section 2.8.2(b)(2)(B) above. 3. Measures Applicable to Project's Residential Component Only: A. Transit Welcome Package for Residents. The Developer shall provide new residents of the rental housing units of the Project with a Resident Transit Welcome Package (RTWP). One RTWP shall be provided to each unit upon the commencement of a new tenancy. The RTWP at a minimum will include one voucher good for a Metro EZ Transit Pass or equivalent multi- agency pass valid for at least the first month of the tenant's residency, as well as area bus /rail transit route information. The RTWP will also inform residents about the Transit Information Center discussed in Section LA above and explain how to access the Transit Information Center. B. Marketing and Outreach to Downtown Employers and Employees. Developer shall prepare and implement a marketing and outreach plan designed to notify Downtown employers and their employees of the Project's residential component for the purpose of encouraging those that work in the Downtown area to consider residing in the Project. Such plan shall be subject to reasonable approval by the Planning Director. Developer shall market the residential units exclusively to downtown employers and their employees for a period of 90 days during a pre -lease period that occurs prior 12 to issuance of either a temporary of final certificate of occupancy. Additionally, as residential units become vacant, Developer shall make reasonable efforts to contact Downtown employers and their employees for the purpose of informing them of such vacancies and the opportunity to live closer to their places of employment. C. Convenient and Secure Bicycle Storage for Residents. The Developer shall provide a convenient and secure bicycle parking area for residents of the Project in the subterranean levels as shown on the Project Plans that shall have sufficient space to accommodate one (1) bicycle for each bedroom at the Project (with a minimum of one (l) space per unit). For the purposes of this Section, secure bicycle parking shall mean bicycle lockers, an attended cage, or a secure parking room. If the secure bicycle storage is not secure individual bicycle lockers, residential secure bicycle storage shall be provided in an area separate from the secure bicycle storage for commercial employees. 4. Changes to TDM Plan: Subject to approval by the City's Planning Director, the Developer may modify this TDM Plan provided the TDM Plan, as modified, can be demonstrated as equal or superior in its effectiveness at mitigating the traffic - generating effects of this Project. Any of the modifications to the TDM proposed by Developer (or proposed by the Planning Director and agreed to by Developer) to help the Project achieve the applicable AVR standard shall be subject to the reasonable approval by the City's Planning Director as a Minor Modification. 5. New TDM Ordinance: If the City adopts a new ordinance of general application that updates or replaces Chapter 9.16 of the SMMC and that applies to the geographic area in which the Property is located ( "New TDM Ordinance "), then, subject to the Planning Director's approval in his or her sole and absolute discretion, Developer may elect to comply with the New TDM Ordinance in lieu of complying with the TDM Plan outlined in this Amendment No. 1. i. Sustainable Design Status. Section 2.8.2(d) of the Agreement is amended in its entirety to read as follows: 13 The Applicant shall design the Project proposed at the Property to achieve LEEDS "Gold" certification under the LEEDS Rating System (the "Sustainable Design Status "). Applicant shall confirm to the City that the design for the Project has achieved the Sustainable Design Status in accordance with the following requirements: (a) Prior to the submission of plans and documents to the City for Architectural Review Board review for the Project, the Applicant shall submit to the City a preliminary checklist of anticipated LEEDS credits for review by the City, along with a narrative describing the Project's sustainable features to demonstrate that such Project is likely to achieve the Sustainable Design Status. (b) Prior to submittal of the plan check application for the Project, the Applicant shall: (i) Submit for review by the City an updated checklist of anticipated LEEDS credits along with a narrative describing the Project's sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status. (ii) Retain the services of a third party, independent individual designated to organize, lead, and review the completion of the process of verifying and documenting that a building and all of its systems and assemblies are planned, designed, installed, and tested to meet the Project's requirements (the "Commissioning Authority "). (iii) Submit a Commissioning Plan which includes the elements specified in California Code of Regulations Title 24, Part 11, Section 5.410.2.3. (c) Prior to issuance of a final Certificate of Occupancy for the Project, the City shall verify (which verification shall not be unreasonably withheld, conditioned or delayed) that the Project has achieved the Sustainable Design Status. (d) Notwithstanding the foregoing, if the City cannot verify that the Project has achieved the Sustainable Design Status, the City shall nonetheless issue a temporary Certificate of Occupancy for such Project (assuming the project is otherwise entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of Occupancy shall be converted to a final Certificate of Occupancy 14 (assuming the Project is otherwise entitled to receive a final Certificate of Occupancy) once the constructed Project has achieved the Sustainable Design Status. (e) If the Project is denied Certification for the Sustainable Design Status by the Green Building Certification Institute, and the Applicant is unwilling or unable to appeal the denial of certification, and the Applicant has exhausted all administrative remedies and appeals of that denial, then the City shall issue a Certificate of Occupancy and the Applicant shall be subject to a fine in the amount of two dollars per square foot of floor area. This fee may be waived if the City at its sole discretion determines that the Applicant made a good faith effort to achieve the Sustainable Design Status. Alternatively, the fee may be waived if the Applicant pursues and takes all necessary steps for the Project to achieve certification to the "Gold" level under the LEED Existing Buildings Operations and Maintenance (LEED EBOM), no later than 2 years after the temporary Certificate of Occupancy was issued for the Project. j. Solar Panels. Section 2.8.2(e) of the Agreement is amended in its entirety to read as follows: A minimum of twenty -four (24) photovoltaic panels shall be installed on the roof deck in accordance with the Project Plans. k. Historic Preservation. The Agreement shall be amended to add the following Section 2.8.2(h): Prior to obtaining a building permit for the Project, the Applicant shall create a separate, interest- bearing trust fund and make a contribution in the amount of twenty five thousand dollars ($25,000). The monies available in this fund shall be used exclusively for historic preservation programs for the Downtown area in the City. These monies shall be applied for and distributed in accordance with a process, to be established by the Planning Director, whereby those entities that are exclusively devoted to historic preservation may make an application to receive distribution of some or all of the trust funds. 1. Prohibited Activities in the Public Use Area. Section 2.9 of the Agreement shall be amended in its entirety to read as follows: The Public Use Area shall remain the private property of Applicant with members of the public having only a license to occupy and use the Public Use 15 Area in a manner consistent with this provision. Nothing in this Agreement or in the Project Plans shall be deemed to mean that the Public Use Area is a public park or is subject to legal requirements applicable to a public park or other public space. Accordingly, this Agreement and Amendment No. 1 does not give members of the public the right, without the prior written consent of Applicant, which consent may be conditioned or withheld by Applicant in Applicant's sole discretion, to engage in any other activity on the Public Use Area, including, without limitation any of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying overnight; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous, intimidating or other activity that Applicant reasonably deems to be inconsistent with other uses in the project or with the use of the Public Use Area by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except for wheelchairs and baby strollers /carriages), and Applicant shall retain the right to cause persons engaging in such conduct to be removed from the Project. If any such persons refuse to leave the project, they may be deemed by Applicant to be trespassing and Applicant may contact local law enforcement to request that appropriate law enforcement actions be taken. At all times, Applicant shall be entitled to establish and post rules and regulations for use of the Public Use Area consistent with the Agreement and Amendment No. 1 and applicable law. However, notwithstanding the above, the Agreement and this Amendment No. 1 are not intended to limit the rights of any member of the public to use the Public Use Area 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 Applicant under the Agreement and this Amendment No. 1 with respect to limitations on use of the Public Use Area. m. Developer's Obligation With Respect to Parking. Section 2.11 of the Agreement is deleted in its entirety. 16 R�Jtdy= - - - n. Contract with the City. The Agreement is amended to add the following Section 2.11: The Applicant hereby acknowledges that in approving the Agreement and this Amendment No. 1, the City is waiving fees and taxes and modifying development standards otherwise applicable to the Project such as increasing unit density, reducing parking standards, and other property development standards. In exchange for such forms of assistance from the City, which are of financial benefit to the Applicant, Applicant has entered into this contract with the City and agreed to the other conditions of the Development Agreement, including the requirement to provide and maintain ten (10) affordable units on site for occupancy by income qualified households. The parties agree and acknowledge that this is a contract providing forms of assistance to the Applicant within the meaning of Civil Code Section 1954.52(b) and Government Code Section 65915 et seq. o. Outside Building Permit Issuance Date. Section 3.3 of the Agreement is amended in its entirety to read as follows: If Developer has not been issued a building permit for the Project by the "Outside Building Permit Issuance Date" (defined below), then on the day after the Outside Building Permit Issuance Date, without any further action by either Party, this Agreement shall automatically terminate and be of no further force or effect. For purposes of clarity, if Developer has not been issued a building permit for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. "Outside Building Permit Issuance Date" means the date that is the last day of the thirty -sixth (36th) full calendar month after the effective date of the ordinance approving this Amendment No. 1; provided that the Outside Building Permit Issuance Date may be extended in accordance with the remainder of this paragraph. If approval by the ARB is required for the Project design and such approval does not occur within four (4) months of the submittal by Developer to the ARB of the Project design, then the Outside 17 Building Permit Issuance Date shall be extended one month for each additional month greater than four that the final ARB approval is delayed. At any time before the thirty -sixth (36`x') full calendar month after the effective date of the ordinance approving this Amendment No. 1, Developer may issue written notice to the Planning Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Planning Director shall grant such extension if Developer can show reasonable cause why Developer will not be able to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Property will not adversely affect public health or safety and (b) the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. p. Floor Area for Fee Calculations. Section 4.3 of the Agreement shall be amended in its entirety to read as follows: This Agreement's definition of Floor Area shall not alter the methodology for calculating City fees, including but not limited to, the Childcare Linkage Fee and the Cultural Arts Fee. Calculation of all City fees shall continue to be governed by the applicable provisions of the SMMC and /or City Council Resolutions. q. Survival of Conditions of Approval. Section 4.4.2 of the Agreement shall be amended in its entirety to read as follows: If Applicant proceeds with the construction of the Project, except as otherwise expressly limited in the Agreement and this Amendment No. 1, the obligations and requirements imposed by the amended conditions of approval set forth in the attached Exhibit "D" shall survive the expiration of the Term of this Agreement and shall remain binding on Applicant, its successors and assigns, and shall continue in effect for the life of the Project. Notice of the conditions of approval shall be recorded by the City separately and concurrently with this Amendment No. 1. r. Section 5.2.1(h) of the Agreement shall be amended in its entirety to read as follows: Prior to issuance of a certificate of occupancy for the Project, Developer shall pay a one -time parking in -lieu fee of one - hundred thousand dollars ($100,000.00) to be used in connection with a current or future Downtown parking program. With payment of this one -time fee, Developer shall be exempt from any current or future parking in lieu fee assessed by the City, including: (1) the existing Parking Developer Fee adopted by the City Council 18 on August 19,1986 (Resolution No. 7286 (CCS)) and (2) any future revised or updated parking in lieu fee adopted by the City Council. s. City Review. The following Section 10.1 of the Agreement shall be amended in its entirety to read as follows: The City shall review compliance with this Development Agreement once each year, on or before March 31" (each, a "Periodic Review "), in accordance with Article 10 of the Agreement in order to determine whether or not Applicant is out -of- compliance with any specific term or provision of the Agreement or this Amendment No. 1. t. Evidence of Good Faith Compliance. Section 10.2 of the Agreement shall be amended in its entirety to read as follows: On or before October I" of each year, Applicant shall deliver to the City a written report demonstrating that Developer has been in good faith compliance with the Agreement and this Amendment No. 1 during the twelve (12) month period prior to the anniversary of the Effective Date. The written report shall be provided in the form established by the City. For purposes of the Agreement and this Amendment No. 1, the phrase "good faith compliance" shall mean the following: (a) compliance by Applicant with the requirements of the Existing Regulations, except as otherwise modified by the Agreement and this Amendment No. 1; and (b) compliance by Applicant with the terms and conditions of the Agreement and this Amendment No. 1, subject to the existence of any specified Excusable Delays which prevented or delayed the timely performance by Applicant of any of its obligations under the Agreement or this Amendment No. 1. u. Permitted Fees and Exactions. A list of mandatory Project fees and exactions is attached as Exhibit "C" to this Amendment No. 1. v. Conditions of Approval: Exhibit "D" to the Agreement is amended in its entirety, as set forth in Exhibit "D" to this Amendment No. 1. 19 2. Except as expressly set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment No. 1 has been executed as of the date first above written. IMuffiG]VL H • ' 103wel TF City Attorney CITY OF SANTA MONICA, a municipal corporation C City Manager Attest: City Clerk 401 BROADWAY, LLC, a California limited liability company Title: 20 I*tal Mrt�_� Legal Description Of Property LOT °M" IN BLOCK 170 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81 AND IN BOOK 39 PAGE 45 ET SEQ. OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 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Developer shall pay the following fees and charges that are within the City's jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development. projects: • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) • Shoring Tieback fee (collected by PW) • Park and Recreation Facilities Tax (SMMC Section 6.80). Developer 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 or placement of residential units on the subject lot. ® Construction and Demolition (C &D) Waste Management fee (SMMC Section 8.108.140) (collected by PW). Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by PW) ® Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by PW) Fireline Meter fee (SMMC Section 7.12.090) (collected by PW) ® Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the. fee prior to the issuance of a final certificate of occupancy for the Project. ® Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project. (d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to_ developer in--accordance--with--the—City's standard practice should Developer not proceed with development of the Project. 2. Prior to issuance of permits for any construction work in the public right -of -way, or use of public property, Developer shall pay the following City fees: ® Use of Public Property Permit fees (SMMC 7.04.670) (PW) ® Utility Excavation Permit fee (SMMC 7.04.790(b)) (PW) ® Street Permit fee (SMMC 7.04.790) (PW) 3. Developer shall reimburse the City for its ongoing actual costs to monitor the project's compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. EXHIBIT "D" Project Specific Conditions 1. The project shall provide the Significant Project Features and LUCE Community Benefits as established in Section 2.8 of the Agreement, as modified by this Amendment No. 1. 2. Prior to Certificate of Occupancy, the applicant shall submit a valet operation plan for the car elevator that is subject to the review and approval of the Director of Planning. CITY PLANNING Administrative Conditions 3. In the event Developer violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. Conformance with Approved Plans 4. This approval is for those Project Plans received September 25, 2013, 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. 5. Minor amendments to the Project 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 Project Plans submitted or as modified in accordance with the Development Agreement and this Amendment No. 1. 6. Except as otherwise provided by the Development Agreement and this Amendment No. 1, the Project Plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 7. No building permit shall be issued for the project until the developer complies with the requirements of Part 9.04.10.20 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement. If the developer elects to comply with these requirements by providing on -site public art work or cultural facilities, no final City .approval shall be granted until such time as the Director of the Community and Cultural Set-vices Department issues a notice of compliance in accordance with Part 9.04.10.20. 8. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.72 of the Santa Monica Municipal Code, the Child Care Linkage Program. 2 Cultural Resources 9. Except as other provided by the Development Agreement, no demolition of buildings or structures built 40 years of age or older shall be permitted until the end of a 60 -day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 10. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. Project Operations 11. 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. 12. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). Final Design 13. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to administrative review and approval by the Planning Department or by the Architectural Review Board, who shall ensure that the design is substantially the same as that previously approved by the Board. Construction Plan Requirements 14. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors. Demolition Requirements 15. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 16. 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. c Construction Period 17. Construction Moratorium: There shall be no construction activities that require opening, closing, or blocking of streets, sidewalks, alleys, or street parking in retail areas of the City over the holiday season that runs from the day before Thanksgiving through January 2 "d Exemptions are allowed for emergencies and special conditions authorized in advance by the Director of Public Works. The following areas are affected by this condition: Downtown (Wilshire to the 10 Freeway and Lincoln to Ocean Avenue); Main Street (Pico to the Southerly city limit); Montana Avenue (6`" Court to 17`x' Street); Pico Boulevard (from the Ocean to the Easterly city limit at Centinela). 18. 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. 19. 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. 20. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 21. 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. 4 (f) An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM 10 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. 22. 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 I ailed to property owners and residents of the neighborhood within 1000' of the Project at least five (5) days prior to the start of construction. 23. 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. 24. 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. 25. 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. 26. Construction period signage shall be subject to the approval of the Architectural Review Board. Standard Conditions 27. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound -rated parapet enclosure. 28. 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. 29. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. Condition Monitoring 30. The applicant authorizes reasonable City inspections of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections. STRATEGIC AND TRANSPORTATION PLANNING 31. 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 Manag ement/Parkim)-Standards.pdf 32. Where a driveway, garage, parking space or loading zone intersects with the public right - of -way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.04.10.02.090. Please reference the following standards: http: / /www.smgov. net /uploadedFiles/ Departments /Iiranspoilation/Transpoetation Manaa ement /HVO.pdf 33. 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.sm2ov. net /tioloadedFiles/ Departments /Transportation/Transporfation Manag ement /RampSlope.pdf BIG BLUE BUS 34. Developer shall notify all tenants (residential and /or commercial) in writing as part of their lease or rental agreement that the City envisions a network of transit services in the Downtown area that may result in public transit services operating on any street in the Downtown area, both on streets currently used by transit or through expansion of service to streets not currently utilized by transit. In addition, 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. PUBLIC LANDSCAPE 35. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City's Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division. 36. 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. 37. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 38. Developer shall enroll the property in the Savings By Design incentive program where available through Southern California Edison prior to submittal of plans for Architectural Review. Developer shall execute an incentive agreement with Southern California Edison prior to the issuance of a building permit. 39. 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. HOUSING AND ECONOMIC DEVELOPMENT 40. Pursuant to Chapter 4.36 of the Santa Monica Municipal Code, relocation assistance shall be provided, by the owner, to a tenant whose tenancy is terminated as a result of the removal of a housing unit from the rental housing market. The relocation fee is determined according to the size (number of bedrooms) of the unit. The fee is adjusted each July I't, based on the rent of primary resident component of the CPI -W Index for Los Angeles /Riverside /Orange County area, as published by the United States Department of Labor. PUBLIC WORKS General Conditions 61. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit: a. Water Services b. Wastewater Capital Facility C. Water Demand Mitigation 7 d. Fire Service Connection e. Tieback Encroachment f. Encroachment of on -site improvements into public right -of -way g. Construction and Demolition Waste Management — If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two. Some of these fees shall be reimbursed to developer in accordance with the City's standard practice should Developer not proceed with development of the Project. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 62. Any work or use of the public right -of -way including any proposed encroachments of on- site improvements into the public right -of -way will require a permit from the Public Works Department (PWD) - Administrative Services Division. 63. 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. 64. 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. 65. 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. 66. 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 67. 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. 68. 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. 69. 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 4 R4- 2003 -0111. 70. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City's sewer system can accommodate the entire development. Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 71. 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. 72. 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. 73. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. 74. All existing sanitary sewer "house connections" to be abandoned, shall be removed and capped at the "Y" connections. 9 75. 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. 76. Developer is required to meet state cross - connection and potable water sanitation guidelines. Refer to requirements and comply with the cross - connections guidelines available at: http: / /www.lapubl ichealth. org /eh/progs /envirp /ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross - connection inspection shall be completed. 77. All new restaurants and cooking facilities at the site are required to install Gravity Grease Interceptors to pretreat wastewater containing grease. The minimum capacity of the interceptor shall be determined by using table 10 -3 of the 2007 Uniform Plumbing Code, Section 1014.3. All units shall be fitted with a standard final -stage sample box. The 2007 Uniform Plumbing Code guideline in sizing Gravity Grease Interceptors is intended as a minimum requirement and may be increased at the discretion of PWD, Water Resources Protection Program. 78. 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 79. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non- stormwater runoff, sediment and construction waste from the construction 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 runoff 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 10 Developer" are qualified to develop and /or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD. 80. 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 (3 10) 458 -8235. Public Streets & Right -of -Way 81. Prior to the issuance of a Certificate of Occupancy for 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. 82. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 83. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to 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. 84. 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. Utilities 85. 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 the 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 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 Ikm terminating in a new Telecommunications Vault for future interconnection with City network. The final telecommunications design plans for 11 the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department prior to approval of project. 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 86. Prior to the issuance of a Certificate of Occupancy for the Project, provide new street - pedestrian lighting with a multiple circuit system along the new street right -of -way and within the development site in compliance with the PWD Standards and requirements. New street - pedestrian light poles, fixtures and appurtenances to meet City standards and requirements. 87. 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. 88. Location of Southern California Edison electrical transformer and switch equipment /structures must be clearly shown of the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right -of -way. Resource Recovery and Recycling 89. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.04.10.02.151 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection. 90. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure. 91. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi- family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients /customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include: 12 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 92. 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; C. 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; 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; 1. 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; 13 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 93. 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 dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City with written certification that all trucks leaving the site are covered in accordance with this condition of approval. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly or as frequently as required by the PWD. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 94. 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 14 95. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory - recommended mufflers. 96. Electrical power shall be used to run air compressors and similar power tools. 97. 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 98. 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. FIRE General Requirements The following comments are to be included on plans if applicable. Requirements are based on the California Fire Code (CFC), the Santa Monica Municipal Code (SMMC) and the California Building Code (CBC). California Fire Code/ Santa Monica Fire Department Requirements 99. 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. 100. Apparatus access roads shall have a minimum unobstructed width of 20 feet. A minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus access roads. 101. 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. 102. 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. 103. 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 15 specifications for fire sprinkler systems shall be submitted and approved prior to system installation. 104. Buildings four or more stories in height shall be provided with not less than one standpipe during construction. 105. The standpipe(s) shall be installed before the progress of construction is more than 35- feet above grade. Two- and - one - half -inch valve hose connections shall be provided at approved, accessible locations adjacent to useable stairs. Temporary standpipes shall be capable of delivering a minimum demand of 500 gpm at 100 -psi residual pressure. Pumping equipment shall be capable of providing the required pressure and volume. 106. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of 2A- 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. 107. An automatic fire extinguishing system complying with UL 300 shall be provided to protect commercial -type cooking or heating equipment that produces grease -laden vapors. A separate plan submittal is required for the installation of the system and shall be in accordance with UFC Article 10, NFPA 17A and NFPA 96. Provide a Class "K" type portable fire extinguisher within 30 feet the kitchen appliances emitting grease -laden vapors. 108. Every building and /or business suite is required to post address numbers that are visible from the street and alley. Address numbers shall be a minimum of six (6) inches in height and contrast with their background. Suite or room numbers shall be a minimum of four (4) inches in height and contrast with their background. Santa Monica Municipal Code Chapter 8 Section 8.48.130 (1) (1) 109. 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. 110. 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. 111. Show ALL door hardware intended for installation on Exit doors 112. 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 16 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) 113. Stairway Identification shall be in compliance with CBC 1022.8 114. Floor -level exit signs are required in Group A, E, I, R -1, R -2 and R -4 occupancies. 115. In buildings two stories in height at least one elevator shall conform to the California Building Code Chapter 30 section 3003.5a for General Stretcher Requirements for medical emergency use. a. The elevator entrance shall not be less than 42 inches wide by 72 inches high. b. The elevator car shall have a minimum clear distance between walls excluding return panels of not less than 80 inches by 54 inches. C. Medical emergency elevators shall be identified by the international symbol (star of life) for emergency elevator use. The symbol shall be not less than 3- inches in size. 116. 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. 117. 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 118. An approved fire alarm system shall be installed as follows 119. 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. 120. Group E Occupancies having occupant loads of 50 or more shall be provided with an approved manual fire alarm system. 121. Group R -1, R -2 Apartment houses containing 16 or more dwelling units, in building three or more stories in height R -2.1 and R -4 Occupancies shall be provided with a manual alarm system. Smoke detectors shall be provided in all common areas and interior 17 corridors of required exits. Recreational, laundry, furnace rooms and similar areas shall be provided with heat detectors. 122. Plans and specifications for fire alarm systems shall be submitted and approved prior to system installation 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 123. Fire apparatus access roads shall comply with the following minimum standards: a. The minimum clear width shall be not less than 20 feet. No parking, stopping or standing of vehicles is permitted in this clear width. b. When fire hydrants or fire department connections to fire sprinkler systems are located on fire apparatus access roads the minimum width shall be 26 feet. This additional width shall extend for 20 feet on each side of the centerline of the fire hydrant or fire department connection. C. The minimum vertical clearance shall be 13 feet, 6 inches. d. The minimum turn radius for all access road turns shall be not less than 39 feet for the inside radius and 45 feet for the outside radius. e. Dead -end access roads in excess of 150 feet in length shall be provided with either a 96 feet diameter "cul -de- sac," 60 foot "Y" or 120 -foot "hammerhead" to allow the apparatus to turn. f. The surface shall be designed and maintained to support the imposed loads of at least 75,000 -pound and shall be "all- weather." An "all- weather" surface is asphalt, concrete or other approved driving surface capable of supporting the load. 124. Gates installed on fire apparatus access roads shall comply with the following: a. The width of any gate installed on a fire apparatus access road shall be a minimum of 20 feet. b. Gates may be of the swinging or sliding type. C. Gates shall be constructed of materials that will allow for manual operation by one person. d. All gate components shall be maintained in an operative condition at all times and shall be repaired or replaced when defective. e. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. The Fire Prevention Division shall approve emergency opening devices. f Manual opening gates may be locked with a padlock, as long it is accessible to be opened by means of forcible entry tools. g. The Fire Prevention Division shall approve locking device specification. Q96' X26' R TYP' 26' — – 96 DIAMETER CUL-DE-SAC M 26' R TYP.' 1 > – 26' 120' HAMMERHEAD a. � 20 "'~~ 26' R —> 26' TYP.' 20, 20'— 20 60' -Y' MINIMUM CLEARANCE AROUND FIRE HYDRANT 28'R 7YP 20'- –y w– 20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD 125. 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: i. Fire Apparatus access roads 20 to 26 feet wide must be posted on both sides as a fire lane. ii. Fire Apparatus access roads 26 to 32 feet wide must be posted on one side as a fire lane. 126. 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. 127. Fire apparatus access roads for commercial and industrial development shall comply with the following: 19 i. 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. ii. Buildings or facilities having a gross floor area of more than 62,000 square feet shall be provided with 2 fire apparatus access roads. iii. When two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be accessed measured in a straight line between access. 128. Aerial apparatus access roads shall comply with the following: i. 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. ii. Apparatus access roads shall have a minimum width of 26 feet in the immediate vicinity of any building or portion of a building more than 30 feet in height. iii. At least one of the required access roads meeting this condition shall be located within a minimum of 15 feet and maximum of 30 feet from the building and shall be a positioned parallel to one entire side of the building. 20 129. California Building Code / Santa Monica Fire Department Requirements Occupancy Classification and Division • If a change in occupancy or use, identify the existing and all proposed new occupancy classifications and uses • Assembly (A -1, A -2, A -3), Business (B), Mercantile (M), Residential (R), etc. • Include all accessory uses Building Height • Height in feet (SMMC defines a High -Rise as any structure greater then 55 feet.) • Number of stories • Detail increase in allowable height • Type I (II -FR.) buildings housing Group B office or Group R, Division 1 Occupancies each having floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall comply with CBC Section 403. 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. 21 Total Floor Area of Building or Project • Basic Allowable Floor Area • Floor Area for each room or area . • Detail allowable area increase calculations Corridor Construction • Type of Construction • Detail any and all code exceptions being used Occupant Load Calculations • Occupancy Classification for each room or area. • Occupant Load Calculation for each room or area based on use or occupancy • Total Proposed Occupant Load Means of Egress • Exit width calculations • Exit path of travel • Exit Signage and Pathway Illumination (low level exit signage) Atria - Atria shall comply with CBC Section 404 as follows: • Atria shall not be permitted in buildings containing Group H Occupancies. • The entire building shall be sprinklered. • A mechanically operated smoke - control system meeting the requirements of Section 909 and 909.9 shall be installed. • Smoke detectors shall be installed in accordance with the Fire Code. • Except for open exit balconies within the atrium, the atrium shall be separated from adjacent spaces by one -hour fire- resistive construction. See exceptions to Section 404.6. 22 • When a required exit enters the atrium space, the travel distance from the doorway of the tenant space to an enclosed stairway, horizontal exit, exterior door or exit passageway shall not exceed 200 feet. • In other than jails, prisons and reformatories, sleeping rooms of Group I Occupancies shall not have required exits through the atrium. • Standby power shall be provided for the atrium and tenant space smoke- control system. Sections 404.7 and 909.11. • 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 fiunishings 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 County Fire 130. 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 of land, construction of buildings, or alterations and/or installation of fire protection water systems and hydrants. C. Author: The Deputy Chief of the Prevention Services Bureau through the Assistant Fire Chief (Fire Marshal) of the Fire Prevention Division is responsible for the origin and maintenance of this regulation. D. Definitions: 1: GPM — gallons per minute 2. psi — pounds per square inch 3. Detached condominiums — single detached dwelling units on land owned in common 23 4. Multiple family dwellings — three or more dwelling units attached II. RESPONSIBILITY A. Land Development Unit 1. The Department's Land Development Unit shall review all subdivisions of land and apply fire flow and hydrant spacing requirements in accordance with this regulation and the present zoning of the subdivision or allowed land use as approved by the County's Regional Planning Commission or city planning department. B. Fire Prevention Engineering Section 1. The Department's Fire Prevention Engineering Section shall review building plans and apply fire flow and hydrant spacing requirements in accordance with this regulation. III. POLICY 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) 24 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) Public Hydrant Duration Spacing Fire Flow of Flow a. Single family dwelling 1,250 GPM 2 hrs. 600 ft. and detached condominiums (1 — 4 Units) b. Detached condominium 1,500 GPM 2 hrs. 300 ft. /c ...,:a..\ C. Two family dwellings 1,500 GPM 2 hrs. 600 ft. NOTE: FOR SINGLE FAMILY DWELLINGS OVER 5,000 SQUARE FEET. SEE, TABLE 1 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. 300 ft. NOTE: REDUCTION IN FIRE FLOW IN ACCORDANCE WITH TABLE 1. 25 b. Land development projects consisting of lots having existing structures shall be in compliance with Table 1 (fire flow per building size). This standard applies to multiple family dwellings, hotels, high rise, commercial, industrial, etc. NOTE: FIRE FLOWS PRECEDING ARE MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE. B. Building plans The Department's Fire Prevention Engineering Section shall review building plans and apply fire flow requirements and hydrant spacing in accordance with the following: 1. Residential Building Occupancy Classification a. Single family dwellings - Fire Zone 3 (Less than 5,000 square feet) Duration Public Hydrant of Flow Spacing Fire Flow On a lot of one acre or more 750 GPM 21us. 600 ft. On a lot less than one acre 1,250 GPM 2 hrs 600 ft. b. Single family dwellings — VHFHSZ (Less than 5,000 square feet) On a lot of one acre or more 1,000 GPM 2 hrs. 600 ft. On a lot less than one acre 1,250 GPM 2 hrs 600 ft. NOTE: FOR SINGLE FAMILY DWELLINGS GREATER THAN 5,000 SQUARE FEET IN AREA SEE TABLE 26 C. Duration of Flow Fire Flow c. Two family dwellings — VHFHSZ (Less than 5,000 square feet) Duplexes 2. Mobile Home Park a. Recreation Buildings 1,500 GPM 2 hrs Public Hydrant Spacine 600 ft. Refer to Table 1 for fire flow according to building size. b. Mobile Home Park 1,250 GPM 2 hrs 600 ft. 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). Public fire hydrant requirements 1. Fire hydrants shall be required at intersections and along access ways as spacing requirements dictate 2. Spacing a. Cul -de -sac When cul -de -sac depth exceeds 450' (residential) or 200' (commercial), hydrants shall be required at mid - block. Additional hydrants will be required if hydrant spacing exceeds specified distances. b. Single family dwellings Fire hydrant spacing of 600 feet NOTE: The following guidelines shall be used in meeting single family dwellings hydrant spacing requirements: (1) Urban properties (more than one unit per acre): No portion of lot frontage should be more than 450' via vehicular access from a public hydrant. (2) Non -Urban Properties (less than one unit per acre): 27 No portion of a structure should be placed on a lot where it exceeds 750' via vehicular access from a properly spaced public hydrant that meets the required fire flow. c. All occupancies Other than single family dwellings, such as commercial, industrial, multi- family dwellings, private schools, institutions, detached condominiums (five or more units), etc. Fire hydrant spacing shall be 300 feet. NOTE:The following guidelines shall be used in meeting the hydrant spacing requirements. (1) No portion of lot frontage shall be more than 200 feet via vehicular access from a public hydrant. (2) No portion of a building should exceed 400 feet via vehicular access from a properly spaced public hydrant. d. Supplemental fire protection When a structure cannot meet the required public hydrant spacing distances, supplemental fire protection shall be required. NOTE: Supplemental fire protection is not limited to the installation of on -site fire hydrants; it may include automatic extinguishing systems. 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: (1) Excessive traffic loads, major arterial route, in which traffic would be difficult to detour. (2) Lack of adjacent parallel public streets in which traffic could be redirected (e.g., Pacific Coast Highway). (3) Past practices in the area. (4) Possibility of future development in the area. 28 (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 1. When any portion of a proposed structure exceeds (via vehicular access) the allowable distances fi•om a public hydrant and on -site hydrants are required, the following spacing requirements shall be met: a. Spacing distance between on -site hydrants shall be 300 to 600 feet. (1) Design features shall assist in allowing distance modifications. b. Factors considered when allowing distance modifications. (1) Only sprinklered buildings qualify for the maximum spacing of 600 feet. (2) For non- sprinklered buildings, consideration should be given to fire protection, access doors, outside storage, etc. Distance between hydrants should not exceed 400 feet. 2. Fire flow a. All on -site fire hydrants shall flow a minimum of 1,250 gallons per minute at 20 psi for a duration of two hours. If more than one on -site fire hydrant is required, the on -site fire flow shall be at least 2,500 gallons per minute at 20 psi, flowing from two hydrants simultaneously. On site flow may be greater depending upon the size of the structure and the distance from public hydrants. NOTE: ONE OF THE TWO HYDRANTS TESTED SHALL BE THE FARTHEST FROM THE PUBLIC WATER SOURCE. 3. Distance from structures All on -site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two -hour firewall. 4. Shut -off valves All on -site hydrants shall be equipped with a shut -off (gate) valve, which shall be located as follows: a. Minimum distance to the hydrant 10 feet. b. Maximum distance from the hydrant 25 feet 11% 5. Inspection of new installations All new on -site hydrants and underground installations are subject to inspection of the following items by a representative of the Department: a. Piping materials and the bracing and support thereof. b. A hydrostatic test of 200 psi for two hours. c. Adequate flushing of the installation. d. Flow test to satisfy required fire flow. (1) Hydrants shall be painted with two coats of red primer and one coat of red paint, with the exception of the stem and threads, prior to flow test and acceptance of the system. 6. Maintenance It shall be the responsibility of the property management company, the homeowners association, or the property owner to maintain on -site hydrants. a. Hydrants shall be painted with two coats of red primer and one coat of red, with the exception of the stem and threads, prior to flow test and acceptance of the system. b. No barricades, walls, fences, landscaping, etc., shall be installed or planted within three feet of a fire hydrant. E. Public Hydrant Flow Procedure The minimum acceptable flow from any existine public hydrant shall be 1,000 GPM unless the required fire flow is less. Hydrants used to satisfy fire flow requirements will be determined by the following items: 1. Only hydrants that meet spacing requirements are acceptable for meeting fire flow requirements. 2. In order to meet the required fire flow.: a. Flow closest hydrant and calculate to determine flow at 20 pounds per square inch residual pressure. If the calculated flow does not meet the fire flow requirement, the next closest hydrant shall be flowed simultaneously with the first hydrant, providing it meets the spacing requirement, etc. b. If more than one hydrant is to be flowed in order to meet the required fire flow, the number of hydrants shall be flowed as follows: One hydrant 1,250 GPM and below kill Two hydrants 1,251— 3,500 GPM flowing simultaneously Three hydrants 3,501— 5,000 GPM flowing simultaneously F. Hydrant Upgrade Policy 1. Existing single outlet 2 1/2" inch hydrants shall be upgraded to a double outlet 6" x 4" x 2 1/2" hydrant when the required fire flow exceeds 1,250 GPM. 2. An upgrade of the fire hydrant will not be required if the required fire flow is between the minimum requirement of 750 gallons per minute, up to and including 1,250 gallons per minute, and the existing public water system will provide the required fire flow through an existing wharf fire hydrant. 3. All new required fire hydrant installations shall be approved 6" x 4" x 2 1 /2" fire hydrants. 4. When water main improvements are required to meet GPM flow, and the existing water main has single outlet 2 1/2" fire hydrant(s), then a hydrant(s) upgrade will be required. This upgrade shall apply regardless of flow requirements. 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). G. Hydrant Specifications All required public and on -site fire hydrants shall be installed to the following specifications prior to flow test and acceptance of the system. 1. Hydrants shall be: a. Installed so that the center line of the lowest outlet is between 14 and 24 inches above finished grade b. Installed so that the front of the riser is between 12 and 24 inches behind the curb face C. Installed with outlets facing the curb at a 45- degree angle to the curb line if there are double outlet hydrants d. Similar to the type of construction which conforms to current A.W.W.A. Standards 31 e. Provided with three -foot unobstructed clearance on all sides. f. Provided with approved plastic caps g. Painted with two coats of red primer and one coat of traffic signal yellow for public hydrants and one coat of red for on -site hydrants, with the exception of the stems and threads 2. Underground shut -off valves are to be located: a. A minimum distance of 10 feet from the hydrant b. A maximum distance of 25 feet from the hydrant Exception: Location can be less than 10 feet when the water main is already installed and the 10 -foot minimum distance cannot be satisfied. 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). 32 Barricade /Clearance Details CONCRETE CAP 8' BARRICADE POST CONCRETE FILLED 3' MIN. MIN, 4" DIA. SCHEDULE 40 STEEL. SEE NOTE 101 3 1�' I Figure 1 Figure 2 CONCRETE 4' MIN, BARRICADE ✓ 6 "x4 "x21/2" \ , ,, -CYTLETS< HYDRANT ��'� I 1 36° / 0`® ✓ PLAN FIRE HYDRANT BARRICADES (TYPICAL) 33 6 "x4' HYC Figure 3 Notes: o a 1. 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 fie hydrants in a manner that would prevent fire hydrants from being immediately discernable. 4. If hydrant is to be barricaded, no barricade shall be constructed in front of the hydrant outlets (Figure 2, shaded area). 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. 8. Figure 3 shows hydrant hook up during frreground 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. 34 H. Private fire protection systems for rural commercial and industrial development Where the standards of this regulation cannot be met for industrial and commercial developments in rural areas, alternate proposals which meet NFPA Standard 1142 may be submitted to the Fire Marshal for review. Such proposals shall also be subject to the following: 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 Road Construction Inspectors of the importance of the blue reflective hydrant markers, and encourage them to enforce their Department permit requirement, that streets and roads be returned to their original condition, following construction or repair work. b. When street construction or repair work occurs within this Department's jurisdiction, the nearest Department of Public Works Permit Office shall be contacted. The location can be found by searching for the jurisdiction office in the "County of Los Angeles Telephone Directory" under "Department of Public Works Road Maintenance Division." The importance of the blue reflective hydrant markers should be explained, and the requirement encouraged that the street be returned to its original condition, by replacing the hydrant markers. 35 TABLE I * BUILDING SIZE (First floor area) Fire Flow* (1) (2) Duration Hydrant Spacing Under 3,000 sq. ft. 1,000 GPM 2lus 300 ft 3,000 to 4,999 sq. ft. 1,250 GPM 2 hrs 300 ft 5,000 to 7,999 sq. ft. 1,500 GPM 2 hrs 300 ft 8,000 to 9,999 sq. ft. 2,000 GPM 2 hrs 300 ft 10,000 to 14,999 sq. ft. 2,500 GPM 2 his 300 ft 15,000 to 19,999 sq. ft. 3,000 GPM 3 hrs 300 ft 20,000 to 24,999 sq. ft. 3,500 GPM 3 hrs 300 ft 25,000 to 29,999 sq. ft. 4,000 GPM 4 Ius 300 ft 30,000 to 34,999 sq. ft. 4,500 GPM 4 hrs 300 ft 35,000 or more sq. ft. 5,000 GPM 5 hrs 300 ft * See applicable footnotes below: (FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL PRESSURE) (1) Conditions requiring additional fire flow. a. Each story above ground level - add 500 GPM per story. b. Any exposure within 50 feet - add a total of 500 GPM. C. Any high -rise building (as determined by the jurisdictional building code) the fire flow shall be a minimum of 3,500 GPM for 3 hours at 20 psi. d. Any flow may be increased up to 1,000 GPM for a hazardous occupancy. (2) Reductions in fire flow shall be cumulative for type of construction and a fully sprinklered building. The following allowances and/or additions may be made to standard fire flow requirements: a. A 25% reduction shall be granted for the following types of construction: Type I- F.R, Type II -F.R., Type II one -hour, Type II -N, Type III one - hour, Type III -N, Type IV, Type IV one hour, and Type V one -hour. This reduction shall be automatic and credited on all projects using these types of construction. Credit will not be given for Type V -N structures (to a minimum of 2,000 _GPM available fire flow). b. A 25% reduction shall be granted for fully sprinklered buildings (to a minimum of 2,000 GPM available fire flow). C. When determining required fire flows for structures that total 70,000 square feet or greater, such flows shall not be reduced below 3,500 GPM at 20 psi for three hours. 36 Reference: Attachment 6 — Project Plans Electronic version of attachment is not available for review. Document is available for review at the City Clerk's office and the Library.