SR-10-13-2015-7C
City Council
Report
City Council Regular Meeting: October 13, 2015
Agenda Item: 7.C
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To: Mayor and City Council
From: David Martin, Director, Planning and Community Development, Development
Services (PCD)
Subject: Introduction and first reading of an Ordinance adopting Development
Agreement 12DEV017 to allow a 5-story, 102,500 square-foot mixed-use
project consisting of 100 residential units, 13,800 square feet of ground floor
commercial space, and 232 parking spaces within a three -level subterranean
parking garage at 1560 Lincoln Boulevard (Denny's).
Recommended Action
Staff recommends the City Council:
1. Approve Development Agreement 12DEV017 to allow a 5-story, 102,500 square-
foot mixed-use project consisting of 100 residential units, 13,800 square feet of
ground floor commercial space, and 232 parking spaces within a three -level
subterranean parking garage at 1560 Lincoln Boulevard (Denny's), as
recommended by the Planning Commission.
2. Introduce for first reading an ordinance adopting Development Agreement
12DEV017.
Executive Summary
The applicant, NMS Properties, proposes a Developmen t Agreement to allow a new
mixed-use, primarily housing project located at 1560 Lincoln Boulevard. The project
involves the construction of a 5-story (60 feet) building consisting of 102,500 total
square feet (2.73 FAR), 13,800 square feet of ground floor commercial space, 100
residential units, and 232 parking spaces within a three -level subterranean parking
garage.
This Development Agreement is a Tier 3 project as established pursuant to LUCE
Chapter 2.1, and qualifies as a priority project for the pu rposes of processing as
established by City Council based on the proposed residential unit mix, consisting of no
more than 20% studio units, a minimum 20% two -bedroom units, and a minimum 10%
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three-bedroom units. Specifically, the proposed project has an overall unit mix of 7%
studios, 39% one-bedroom units, 44% two-bedroom units, and 10% three-bedroom
units.
The site is located in the Mixed-Use Boulevard zoning district and Mixed-Use Boulevard
land use designation of the Land Use and Circulation Element (LUCE). The project site
is also identified in the draft Downtown Specific Plan (DSP) within the Mixed -Use
Boulevard sub-area. Project development compliance is limited to the LUCE, while
other aspects of the project such as height, floor area, setbacks, and other standard
zoning requirements will be established by the Development Agreement.
Background
The project site consists of a single parcel with a total of 37,500 square feet located on
the northwest corner of Lincoln Boulevard and Colorado Avenue. The site has 150 feet
of frontage along Colorado Avenue and 250 feet of frontage along the west side of
Lincoln Boulevard. The site is currently developed with a one -story commercial building
and surface parking lot (Denny’s Restaurant).
Street Corner View of Site View South on Lincoln Blvd
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View South on Lincoln Blvd Lincoln / Colorado Intersection (Nor th)
Surrounding uses along Lincoln Boulevard, Colorado Avenue, and across the 7 th Court
Alley include commercial retail and office, auto repair, public utility, and residential uses.
The east side of Lincoln Boulevard between Colorado Avenue and Broadway consists
of low-scaled single story commercial buildings. The adjacent property to the north
consists of the Vons grocery store site, currently developed with an expansive surface
parking lot between the building and street. The project site is 3 ½ block s east of the
future light rail terminus station at the corner of 4th Street and Colorado Avenue.
This development agreement application was submitted to the City on December 4,
2012, and has been reviewed consistent with the public process established fo r projects
that are exempt from CEQA including a community meeting, ARB concept review, and
two Planning Commission float-up reviews, as further summarized in Attachment F.
Planning Commission Action
The Planning Commission reviewed this development agree ment on July 22, 2015 and
voted 5-0 to recommend that Council approve the project and adopt the proposed
Agreement with the following changes:
1. Maximize the solar energy systems for the project, including photovoltaic solar
panels and solar thermal/hot water systems installed on the building’s roof areas,
to a maximum extent available as determined by the City. The applicant has
agreed to this recommendation, and language in this section has been updated
accordingly [DA Section 2.7.6(d)].
2. Fifteen percent (15%) of the landscape area of the project should be planted with
edible plants unless prohibited by other applicable governmental regulations.
[DA Section 2.7.5(j)].
3. Require that the ground floor commercial uses are “active” neighborhood serving
uses. The applicant has agreed to this recommendation, and the term “active” as
it pertains to neighborhood serving uses has been added to the development
agreement. [DA Section 2.5.2]
4. The proposed affordable units should be equally distributed throughout t he
project. This comment is consistent with the Affordable Housing Production
Program that requires that the affordable units in projects of 100 units or more
must be evenly disbursed throughout the project to prevent undue concentrations
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of affordable units. [No change to DA; project already complies with this
requirement]
5. The project should provide solar protection/awnings/sunshades along the west
elevation to help reduce solar heating. [Project Specific Condition of Approval
No. 2].
6. Allow the ARB additional design flexibility by increasing the amount of floor area
reduction that may result from the Architectural Review Board design review
procedures from the proposed 2% to 5% [DA Section 6.1].
7. Provide an on-site public restroom available at all times that the community room
is being rented [DA Section 2.7.19].
8. Include outreach to local arts community on the availability of the studio loft units
on the ground floor [DA Section 2.7.23]
The developer has agreed to all of the Planning Commission’s recommendations and
such changes are included in the proposed development agreement.
The Commission also provided direction to study additional sustainability aspects of the
project:
1. The Commission commented that achieving LEED® for Homes Platinum
under the version 3 rating system would be acceptable but requested that the
applicant study the impact of requiring that the Project obtain Platinum
certification under the version 4 rating system,
2. Study the feasibility of adding a solar battery to the project to store excess
solar energy generated on-site,
The applicant has studied the possibility of achieving LEED® for Homes Platinum
certification under the version 4 rating system in addition to the feasibility of adding
batteries to the project in order to store excess energy produced by the photovoltaic
solar panels. Additional information regarding LEED version 4 and solar batteries is
included in the discussion regarding the sustainability elements of the project.
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Discussion
Project Description
The project consists of a 5-story building with a maximum height of 60 feet, consisting of
13,800 SF of ground floor commercial space, 100 residential units with 88,700 square
feet of residential area, and a floor area ratio of 2.73. The three -level subterranean
parking garage consists of 232 parking spaces, and the ground floor commercial space
would include pedestrian-oriented, neighborhood-serving commercial retail and
restaurant uses.
The project’s residential component consists of 100 residential units with the following
unit configuration:
Unit Type Number of Units Percentage Average Sq Ft
Studio Loft 7 7% 665
1-Bed 39 39% 625
2-Bed 44 44% 915
3-Bed 10 10% 1,135
Total Project Average Bedroom Factor = 1.5
The proposed unit mix percentages are consistent with Development Agreement priority
processing guidelines established by Council of 20% maximum studios, minimum 20%
two-bedroom units, and minimum 10% three-bedroom units.
The project proposes to satisfy the City’s Affordable Housing Prod uction Program
requirements by providing a total of 10 units on -site (10%) affordable to 50% income
households. Furthermore, the project would provide an additional 10 affordable units
on-site as a community benefit, resulting in a total of 20 affordable units (20%) for the
project.
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The proposed affordable housing unit mix for the project would consist of the following:
10 (10%) one-Bedroom Units for 50% income households (Ave Size: 625 SF)
5 (5%) two-Bedroom Units for 50% income households (Ave Size: 915 SF)
5 (5%) two Bedroom Units for 80% income households (Ave Size: 915 SF)
Affordable Housing Average Bedroom Factor = 1.5
The average affordable housing bedroom factor would be 1.5 bedrooms per unit,
consistent with the project’s overall bedroom factor.
Project Design + Site Planning
The proposed building design is modern/contemporary. The ground floor consists of
commercial space and is setback from the property line creating widened pedestrian
zones on Lincoln Boulevard and Colorado Avenue and opportunities for outdoor dining
under cantilevered portions of the upper residential floors. The building elevations
along Lincoln Boulevard and Colorado Avenue consist of bold integrated box -frame
projections and recessed balconies with expansive glazing within the frames. Floors 2-
5 consist of residential units and common open space provided on the podium -level
courtyard and roof deck.
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Figure 1: Lincoln/Colorado rendering of Project
Above the podium level, the building is divided into three building sections connected by
pedestrian bridges. The spacing of the building sections provides breaks in the building
elevations, creating the appearance of at least two separate building forms per elevation
as viewed from the streets. Brea ks in the building lengths allow for adequate light, air,
and ventilation throughout the internal portion of building, particularly for internal facing
units. Open bridge connectors between the different building sections allow for single -
loaded corridors on each floor above the ground floor along the west side of the internal
courtyard. Residential units facing the interior courtyard accessed by these single -
loaded corridors would have operable windows that would allow for cross ventilation
through the units.
Pedestrian Orientation + Open Space
Ground Floor Open Space
The ground floor building design incorporates a variety of glazing surfaces with varying
setbacks throughout street elevations, providing outdoor seating opportunities,
adequate sidewalk space for pedestrian circulation, short-term bike parking, and
gathering spaces adjacent to the public sidewalk. The building is setback to provide
additional open space on the ground floor, resulting in a minimum sidewalk width of 20
feet (curb to building) along both streets, consistent with the Building Frontage Line
standards of the draft DSP. More specifically, the ground floor is setback ranging from
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22’-0” to 32’-6” along Lincoln Boulevard, and from 20’-0” to 34’-6” along Colorado
Avenue, as shown in Figure 1. Approximately 66% of the open space between the
expanded sidewalk and storefronts is covered by the cantilevered podium level. The
ground floor would have a minimum 18’-0” floor-to-floor height with transparent glazing
along the Lincoln and Colorado street frontage. Furthermore, the applicant would
design and construct a bioswale immediately adjacent to Lincoln Boulevard between the
sidewalk and curb that would provide a safety buffer for pedestrians since there are no
parking lanes adjacent to the curb along Lincoln Boulevard. The proposed bioswale is
further discussed in the community benefits section of the report.
Figure 2: Ground Floor Plan and Vehicular Access
The ground floor would include approximately 2,680 SF of outd oor dining area to
support restaurant and food serving uses, and open space for pedestrians. A 40’ wide
paseo accessed from Lincoln Boulevard provides a physical and visual connection
between Lincoln Boulevard and the 7th Court Alley. The ground floor consists of 5,000
sf of publicly accessible open space primarily adjacent to the public sidewalk and
22’-0”
20’-0”
34’-6”
32’-6” 25’-0”
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outdoor dining areas in addition to a 5,500 sf paseo that would be open to the public but
be secured in the evening for security. The ground floor at the en try of the paseo
consists of commercial spaces and seating area for restaurant uses. The residential
lobby, ground floor studio loft units, and community room are also accessed from the
paseo, providing a mix of commercial and residential activity. Along the 7th Court Alley,
a passenger loading space for project residents is provided, and the ground floor is
setback 5 feet from the alley to provide space for pedestrian access between the paseo
and Colorado Avenue.
Figure 3: Paseo Entry – Lincoln Boulevard Elevation
Residential Open Space
Resident common open space is provided on the second floor courtyard at the podium
level consisting of 3,000 SF, on the fifth floor outdoor terrace consisting of 1,500 SF,
and on the roof deck that includes 8,000 SF. The roof decks located at the northwest
corner of the building consist of amphitheater seating and steps connecting the 5 th floor
terrace to the roof deck that includes a pool and spa. The roof deck includes trellis
projections with solar canopies that would provide approximately 1,600 SF of shaded
footprint for residents. The size of the pool and spa would be limited to 12,000 total
gallons, with the pool heated with 100% renewable energy.
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Figure 4: 2nd Floor Plan – Podium Level Courtyard
Figure 5: Podium-Level Interior Courtyard – Facing North
Furthermore, private balconies averaging 50 SF per unit would provide an additional
5,000 SF of private open space. Not including the roof deck area of 8,000 SF, the
project consists of 17,275 SF of open space (46% of lot size), in which 7,775 SF (not
including required sidewalk widths) or 20.7% is provided on the ground floor. Roof deck
included, the project would provide 67.4% open space in total. Open space compliance
with the draft DSP standards is discussed later in this report.
Single-Loaded Corridors
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Building Mass + Modulation
Building Mass
The building elevations facing both streets include considerable openings that reduce
the expansiveness of the project’s elevations and building mass. The length of the
building between the street corner and paseo opening is 141’ along the Lincoln
Boulevard elevation, which is less than the 150’ maximum unbroken primary façade
length described in the draft DSP (Appendix A.3.A.2). The paseo opening on Lincoln
Boulevard is 40 feet in width on the ground floor reducing to 35 feet in width on the
upper floors due to the presence of balconies and building projections. A 23’ wide
opening in the building façade on Colorado Avenue further reduces the overall building
massing of the south elevation and also allows the podium level residential open space
to be open to the sky.
Figure 6: Building Opening/Paseo Entry – Lincoln Boulevard Elevation
Figure 7: Building Opening/Podium Courtyard – Colorado Avenue Elevation
141’ 35’- 40’
23’
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Building Modulation
The LUCE Mixed-Use Boulevard allows a maximum building height of 60 feet pro vided
that a corresponding percentage decrease in the floor area for the portion of the building
between 55 and 60 feet is provided. This provision is intended to reduce building floor
area and overall massing on the top level as a trade -off for increases in building height.
Specifically, the portion of the building between 55 and 60 feet is the 5 th floor of the
building. An increase of building height from 55 to 60 feet is a 9% increase, and
therefore a corresponding 9% decrease in floor area of the 5th floor is required.
The average size of floors 2-4 of the building is 21,116 SF, with the 4 th floor consisting
of 21,200 SF. The proposed 5th floor includes 19,100 SF, which is a 9.9 percent
decrease in floor area from the immediate floor below. As pro posed, the top floor is
reduced in size relative to the general building footprint and massing of the project
above the podium level, and is therefore consistent with this requirement.
Similarly, the Floor Plate Ratio provision in the draft DSP also seeks to reduce the
overall building size on upper floors as the project increases in building height. The
maximum floor plate ratio is 90% for the 3rd floor, 75% for the 4th floor, and 55% for the
5th floor for this project. As indicated in the Development Standards Project Compliance
Table in Attachment D, the project has floor plate ratios of 56% on the 3rd floor, 57% on
the 4th floor, and 51% on the 5th floor, and is compliant with this draft DSP provision.
Vehicular Parking and Access | Bike Parking
Vehicle Parking
The three-level subterranean garage (partial 3rd level) is designed with driveway access
from 7th Court alley. The subterranean garage includes 232 vehicular parking spaces
for residents, guests, and commercial uses. As proposed, the project ’s parking exceeds
the draft DSP parking standards by 58 parking spaces but is less than the updated
zoning ordinance parking standards by 24 spaces. Eighty-six commercial parking
spaces and 10 residential guest spaces would be available on the first subt erranean
level, and the remaining 136 residential parking spaces would be provided on the
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second and third levels. Parking would be unbundled for both residential and
commercial uses, as outlined in the project’s TDM requirements (DA Section 2.7.8).
The Council should consider the anticipated reduced parking demand in the area due to
the location of the site in the Downtown and its proximity to the future light rail station.
Table 1 compares the minimum vehicular and bicycle parking requirements between the
updated Zoning Ordinance and Draft DSP. Staff has discussed with the applicant the
need to provide sufficient parking to allow flexibility in the type and size of uses that may
occupy the ground floor. Although the ground floor plans show sample tenant spaces of
less than 2,500 square feet, staff believes that providing parking at less than a 1/300
parking ratio for commercial parking would place unnecessary constraints on combining
tenant spaces and the types of uses that could occupy the ground floo r in the future. As
a result, the commercial parking ratios used in Table 1 for the updated Zoning
Ordinance (1/200) and Draft DSP (1/300) assume average tenant spaces of 2,500 to
5,000 square feet. Staff believes the proposed number of parking spaces wo uld be
adequate for the project.
Table 1: Required and Proposed Parking Comparison
Parking Type Updated Zoning Ordinance Draft DSP Proposed Project
Automobile Off-
Street Parking
176 residential
80 commercial*
256 total
121 residential
53 commercial**
174 total
146 residential
86 commercial***
232 total
Bicycle Parking
(Long Term)
164 residential
4.5 commercial
169 total
164 residential
9.1 commercial
173 total
164 residential
9 commercial
173 total
Bicycle Parking
(Short Term)
16.4 residential
3.4 commercial
20 total
16.4 residential
13.7 commercial
30 total
16 residential
14 commercial
30 total
Total Bike Parking 189 203 203
* 1/200 parking rate applied, including 2,180 SF outdoor dining area that has a parking requirement of 1/300
** 1/300 parking rate applied, including 2,180 SF outdoor dining area that has a parking requirement of 1/300.
***Commercial parking includes 20 parking spaces dedicated as Shared Parking spaces
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Bicycle Parking
Long-term bike parking for both commercial and residential uses, including locker,
shower facilities, and bicycle repair area would be located on the first and second
garage levels in a location convenient to access elevators. Short -term bike parking
would be located throughout the ground floor open space areas as shown on the project
plans.
Updated Zoning Ordinance Development Standards
The project site is located within the Mixed -Use Boulevard zoning district, which
establishes property development standards that govern the height, bulk, and mass of
buildings. Furthermore, this zoning district was established to facilitate the
transformation of auto-oriented sections of the boulevards into vibrant, diverse, and
attractive pedestrian friendly mixed-use boulevards that support local-serving retail and
a diversity of housing types.
Attachment D contains a table that compares the proposed project to the Mixed Use
Boulevard Land Use Designation and Zoning District requirements, and the draft
Downtown Specific Plan standards. Development standards for a Tier 2 project in the
MUB district allow a maximum building height of 50 feet, and a floor area ratio of 2.25.
As proposed, the project is inconsistent with the following updated Zoning Ordinance
development standards for the Mixed-Use Boulevard (MUB) zoning district, as further
described in Attachment D:
Building Height (50 Feet)
Floor Area Ratio (2.25 FAR)
Minimum Upper-Story Setbacks (5’ Average)
Private Open Space SF Average (60 SF / Unit)
Build to Line, Nonresidential Uses
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Residential Parking
Although the project exceeds certain zoning regulations, the proximity of the project site
to the light-rail terminus station, and the potential of the general area to be a more
transit and pedestrian-oriented downtown destination are important considerations.
From an urban design perspective, these factors suggest that increased density at this
location may be appropriate and supported by the anticipated increase of pedestrian
activity in the area.
LUCE + Draft DSP Consistency
The proposed Development Agreement is consistent with the objectives, policies,
general land uses and programs of the LUCE as further described in the Development
Agreement findings provided as Attachment C. The project is currently subject to the
Mixed-Use Boulevard designation of the LUCE. However, the Draft DSP includes this
portion of Lincoln Boulevard as a sub -area designation (also termed Mixed-Use
Boulevard), and provides separate development standards for the property. The Draft
DSP, when adopted, would replace the existing Mixed-Use Boulevard designation along
this portion of Lincoln Boulevard. The project is consistent with the LUCE Mixed -Use
Boulevard requirements for building height and FAR, and is therefore consistent with
the General Plan. However, the project is inconsistent with the minimum open space
and ground floor commercial space depth requirements of the Draft DSP, as further
described in Attachment D:
Open Space
Minimum Depth of Commercial Space (50 Feet)
Development Agreement Overview
A development agreement is a contract between the City and a developer that
authorizes the type and amount of development that may occur within a specific period
of time. Development agreements provide developers with guaranteed development
rights in exchange for community benefits. A development agreement must comply with
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the General Plan, but can establish different development standards than provided by
zoning regulations.
A development agreement can provide greater latitude to advance local planning
policies compared to the Development Review Permit process. While a development
agreement is an alternative to the standard development approval process, in practice it
is similar to other public review processes where Council make s the final decision with
the exception that Council has more discretion in imposing conditions and requirements
on the proposed project since development agreements are negotiated contracts.
The proposed development agreement is included as Attachment B.
Community Benefits
The development agreement includes a negotiated community benefits package that
totals $8.9M, summarized in Table 2, with values assigned to each community benefit,
where it was possible to monetize the value of the benefit. The aff ordable housing units
are an estimated $6.6M value to the City based on the 2015 affordable housing unit
development cost of $327,927, which represents the City’s average costs to develop a
unit to housing affordable to 30%, 50%, 80%, or moderate -income households.
Community benefits are described in further detail below:
On-Site Affordable Housing
The project would provide on-site affordable housing units exceeding the minimum 10%
on-site unit requirement (for 50% income households) pursuant to the City’s Affordable
Housing Production Program. Specifically, the project would provide the following:
20 total affordable units (20% of the total 100 units)
Affordable to 50% income households:
o 10 one-bedroom units
o 5 two-bedroom units
Affordable to 80% income households:
o 5 two-bedroom units
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Although the 10 units affordable to 50% income households, pursuant to the minimum
AHPP requirements, do not consist entirely of two-bedroom units (5% for 50% income
households proposed), the proposal is consistent with the overall bedroom factor of 1.5
for affordable units as established for Tier 2 projects in the updated Zoning Ordinance.
In addition, the proposal includes an additional 5% for 80% income households resulting
in 10% of the affordable units being two-bedroom units. The developer would also be
required to inform local disability advocacy organizations of the availability of the
affordable units, the process for applying to be placed on the City’s Affordable Housing
waiting list administered by the City’s Housing Division, and if applications are being
accepted for the wait list.
Enhanced Impact Fees
The development agreement includes augmented impact fees compared to adopted
fees that would otherwise be required by the Municipal Code in addition to nego tiated
contributions to priorities established in the LUCE. The following summarizes the
negotiated contributions:
Enhanced Transportation Impact Fee
A monetary contribution of $750,000 towards transportation programs. This
contribution is a 28% increase above adopted Transportation Impact fees for the
incremental development above Tier 1 - an increment of approximately
$325,000.
Enhanced Parks and Recreation Impact Fee
A monetary contribution of $745,000 towards parks and recreation programs.
This contribution is a 28% increase above adopted Parks and Recreation fees for
the incremental development above Tier 1 - an increment of approximately
$288,000.
Enhanced Affordable Housing Commercial Linkage Fee
A monetary contribution of $175,000 to fund development of affordable housing
units in the City. This contribution is a 28% increase above adopted Affordable
Housing Linkage fees for the incremental development above Tier 1 - an
increment of approximately $82,000.
Early Childhood Initiatives Contribution
A monetary contribution of $150,000 that would support early childhood initiatives
including but not limited to infant, toddler and pre-school tuition subsidies; family
support and parent engagement strategies; home visitations programs; facility
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and playground improvements; and kindergarten readiness models. This
contribution is approximately double the fee amount that would be required
pursuant to the Child Care Linkage Program. This total contribution would
replace the Child Care Linkage Program ordinance requirements for the project.
Transportation Management Association Contribution
A monetary contribution of $50,000 towards Transportation Management
Association programs.
Big Blue Bus Contribution
A monetary contribution of $80,000 towards Big Blue Bus transit improvements in
the Downtown.
Historic Preservation Contribution
A monetary contribution of $50,000 towards historic preservation programs
throughout the City.
Physical Improvements
The project is oriented on the ground floor around widen ed sidewalks on Lincoln
Boulevard and Colorado Avenue and the pedestrian paseo that allows for access
through the property. The project is designed with a ground floor setback ranging from
12’-0” to 22’-5” from the property line, resulting in sidewalk wid ths of 22’-0” to 32’-5”
along Lincoln Boulevard. Similarly, on Colorado Avenue the ground floor setback
ranges from 10’-0” to 32’-0” from the property line, resulting in sidewalk widths of 20’-0”
to 42’-0”. The proposed ground floor setbacks exceed the m inimum 20’-0” per the Draft
DSP.
The outdoor paseo accessed from Lincoln Boulevard consists of 5,500 SF of publicly
accessible open space. An approximate 2,775 SF of publicly accessible open space is
also provided at the street corner and along street e levations. Approximately 2,680 SF
of this area is beyond minimum sidewalk width requirements that can be utilized for
outdoor dining.
Shared Vehicle Parking
Section 5.4.C of the Draft DSP (Page 172) discusses the potential expansion of the
Downtown parking district beyond the Bayside District and seeking public parking
opportunities in the eastern part of the Downtown area as infill projects occur. The Draft
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DSP anticipates that approximately 800 additional public parking spaces will need to be
added to the public network to keep pace with land use changes that opt to participate
in an expanded parking in-lieu fee program. The development agreement supports
maximizing the amount of publicly available parking for visitors and employees by
requiring that:
All parking be unbundled.
Developer must charge for parking at rates not competitive with comparable
transit.
This parking framework provides flexibility for the Developer to efficiently manage the
project’s parking to not only serve the project’s need b ut also to lease parking spaces to
off-site users. Draft DSP Policies CM3.11 and CM7.10 aim to distribute public vehicle
parking facilities at the periphery of the district and encourage parking efficiency
strategies that allow optimal use of excess parking to help alleviate parking shortages
and avoid development of excessive parking.
However, with the parking access on 7th Court Alley, the project site may be difficult to
access for visitor public parking. In the project’s float -up review, the Commission also
shared this concern in the lack of driveway visibility for public use. Staff reviewed
alternate vehicle access points along both Lincoln Boulevard and Colorado Avenue that
could have improved driveway visibility, however, the proposed driveway loc ation is
recommended for the project, given safety and overall circulation concerns associated
with the driveway location along Lincoln Boulevard and Colorado Avenue.
Staff considered the goals and policies of the Draft DSP as they relate to expanding
public parking opportunities in Downtown and instead negotiated for use of 20 surplus
parking spaces at the project site in order to provide the City options for integrating
privately owned parking spaces into the public parking supply. With written notice , the
City could exercise rights for 20 parking spaces in the subterranean garage. This option
allows the City flexibility to consider the optimum parking location for employees who
work in the downtown and purchase monthly parking permits. The framework is set up
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as a potential pilot program pursuant to the terms outlined in Section 2.7.2 1 of the
development agreement that would require the project to make up to 20 monthly
parking spaces available at the City’s option at rates established by the parking rates
resolution adopted by Council. This would potentially allow the City to relocate monthly
parkers from public structures in the Downtown core to Downtown periphery locations.
These parking spaces could be utilized by monthly parking permit employees who
would be familiar with locating the project’s subterranean garage. Use of the parking
spaces by existing or new monthly parking permit employees would potentially increase
parking availability within the public parking garages and facilities that are centrally
located in the Downtown area. Unlike some monthly parking permits that provide
Downtown employees the ability to seek available parking spaces within the Downtown
area, employees issued a permit for this specific location could have a dedicated space
at the site, which would result in reduced trips in the area.
Terms of the shared parking agreement, including leasing, parking rate, and permitted
hour provisions are further outlined in Section 2.7.2 1 of the development agreement.
Users of the parking spaces could be identified through a future process established by
the City with parking spaces charged at public parking rates established by the parking
rates resolution adopted by City Council. The permitted parking hours could be 5 days
per week, 6am-7pm daily.
Community Meeting Space
The project would provide community meeting space available to non -profit or other
community organizations at a cost consistent with City-owned facilities, as shown on the
project plans (370 SF space).
Local Hiring
The project would include local hiring provisions for construction -related and permanent
employment. The Developer and commercial tenants would be required to follow
certain steps to ensure that the greatest opportunity for interviewing local residents a nd
employees is provided. An annual report detailing local hiring and outreach efforts
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would also be required. All hiring decisions would continue to remain at the discretion
of the Developer and commercial tenants.
Table 2: Summary of Proposed Community Benefits Able To Be Monetized
Community Benefit Value
Affordable Housing (20 Units) $327,927 x 20 = $6,558,540
Enhanced TIF $750,000
Enhanced Parks and Recreation Fee $745,000
Enhanced Affordable Housing
Commercial Linkage Fee
$175,000
Early Childhood Initiative contribution $150,000
Historic Preservation contribution $50,000
Big Blue Bus contribution $80,000
Transportation Management Association $50,000
Water Conservation Program contribution $300,000
Total $2,300,000 without affordable housing
$8,858,540 including affordable housing
Transportation Demand Management
The development agreement includes TDM measures that would reduce vehicular trips
and parking demand generated by the proposed project. Measures include, but are not
limited to, a transportation information center, average vehicle ridership (AVR) targets,
unbundled parking, parking cash-out, transportation allowances for employees and
residents equivalent to 100% of the cost of a monthly regional transit pass, showers a nd
lockers for commercial employees who bike to work, ground level short -term visitor bike
parking, long-term resident and commercial bike parking, and active participation in a
Transportation Management Association. The development agreement also include s a
formula to calculate a compliance penalty should the project not meet its annual AVR
target. The proposed TDM measures are further detailed in Section 2.7.8 of the
development agreement.
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Sustainability Elements
The negotiated sustainability elements are intended to ensure that the project meets the
highest levels of sustainability possible for the project. Many elements would likely have
long-term benefits for the project’s operations. The following summarizes the project’s
sustainability elements:
LEED Status
The project would be designed and constructed to achieve a minimum LEED® for
Homes Platinum certification as established by the LEED® Rating System. The
applicant studied the possibility of achieving Platinum certification under the version 4
rating system and concluded that it would not be feasible, specifically due to lack of
clarity regarding compliance with the energy credits. Staff has reviewed the applicant’s
research and acknowledges the approved compliance path using California’s Titl e 24
Energy Code was very recently released, well after negotiations on the sustainability
elements of the project between staff and the applicant had concluded. LEED® version
4 has had little uptake in the building community to date. Staff understands t hat the
main differences between version 2009 and version 4 are potentially more efficiency
gained in building energy performance and greater transparency in material supply
chains but it would be difficult to provide a comparison of whether version 4 prov ides
significantly meaningful benefits over version 2009. As a result, the development
agreement recommends Platinum certification under the current rating system.
Solar Infrastructure
The project would maximize renewable energy generation including roof -mounted
photovoltaic solar panels and solar water heating technology, to the maximum extent
available as determined by the City. As currently designed, the roof consists of 4,200
SF of area dedicated for solar collectors that would allow the pool to be h eated with
100% renewable energy. The project also proposes solar canopies that project above
the roofline, not to exceed 14 feet in height. The footprint of the trellis projections
consist of 800 square feet each, for a total of 1,600 SF. The photovolt aic panels would
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be sufficient to power all of the common areas of the project. The building would be
designed to use 15% less energy than required by California Energy Code.
Consistent with zoning code requirements, the trellis projections are subject to
Architectural Review Board approval for photovoltaic solar energy systems exceeding 5
feet (not to exceed 14 feet) in height above district height limits.
Water Conservation
The project would use non-potable water sources for landscape irrigation and commit to
a 30% reduction below CalGreen baseline for interior building water usage. Specific
performance standards for all of the interior fixtures, washers, and toilets are outlined in
Section 2.7.5 of the development agreement.
Further, the development agreement includes a contribution of $300,000 towards water
conservation programs throughout the City. This amount was negotiated after
extensive discussion regarding the possibility of using greywater for toilet flushing in the
project. The use of greywater for toilet flushing has been recently allowed by LA County
Department of Public Health, however, the regulatory framework for installing such a
system and the maintenance and testing requirements that follow is still in flux. In
researching other multi-family residential projects around the country that have installed
greywater systems, such projects tended to be on average 250 units, had obtained
sizeable grants from a public utility, or were no longer using the greywater system due
to maintenance difficulties. In speaking with manufacturers of greywater systems, it
became clear that the cost of maintenance and regulatory compliance due to water
testing could be substantial. Further, the City has not yet developed a regulatory
framework that would provide appropriate oversight for testing of greywater systems.
Given the uncertainty in ensuring the long-term success of a greywater system in the
project, staff ultimately decided that a contribution that represented what it would cost to
install a greywater system would be more effective in bringing the use of greywater in
the City to fruition. The contribution could assist the City in studying the feasibility of
greywater systems and also be a source of potential grants for partners who are
interested in pilot projects for greywater systems.
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Bioswales
Bioswales are landscape elements that allow for the collection, conveyance, filtration
and infiltration of stormwater, in efforts to reduce contaminated stormwater runoff. In
addition to satisfying the on-site stormwater requirements for the project, the developer
would design and construct a bioswale within the public right-of-way/sidewalk
immediately adjacent to Lincoln Boulevard. The bioswale would capture, treat, and
infiltrate the first ¾” of contaminated stormwater runoff from Lincoln Boulevard. In
efforts to prevent stormwater from percolating into the soils directly below the
bioswale/sidewalk area, in proximity to the project’s basement walls that may impact the
building’s structural integrity, water runoff would be captured at the bioswale, then piped
to a deep percolation well underneath the center of Lincoln Boulevard. This design has
been developed and evaluated in coordination with the City’s Public Works Department.
The City would be responsible for periodic well maintenance once constructed by the
developer.
The developer would perform soil/percolation tests to study soil conditions at the
location for adequate percolation. The developer would pay an equitable fee of
$205,000 to the City in the event that unforeseeable conditions make it impractical for
the installation of a bioswale/infiltration system, sufficient to cover the design and
construction of a similar system elsewhere in the City.
As designed, the bioswale would not have any direct benefits to the project, however,
the bioswale would have citywide benefits as it would help contribute towards meeting
the City’s overall requirements of treating and reducing polluted stormwater runoff from
impervious surfaces that is discharged into the ocean.
Electric Vehicle Parking
Developer shall in the parking garage provide panel capacity and conduit stubs for
installation of electrical outlets designed to allow the simultaneous charging of a
minimum number of 208/240 V 40 amp, grounded AC outlets of at least 10 percent
(10%) of the total parking spaces as shown on the Project Plans.
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Solar Battery Storage
The applicant studied the possibility of solar battery storage in the project and
concluded that it would not be feasible. Staff agrees that the primary reason for
installation of batteries is for back-up of mission critical systems in a building. They are
also used in building systems to reduce the cost of electricity loads during peak demand
times, a process called “peak shaving”. Although peak shaving relieves pressure on the
grid during peak demand times, it is unclear if this should be considered an
environmental community benefit. The excess solar energy produced during non -peak
times would feed the grid in the absence of batteries. It could be argued this is more of
an environmental benefit because of the clean energy addition to the grid.
Significant Project Features
In addition to the negotiated community benefits, there are project features that are
otherwise required by the Municipal Code and are summarized below:
Private Developer Cultural Arts Requirement
The project would provide an on-site public art valued at approximately $410,000 per
the on-site requirements, and the process for approval would be consistent with the
Private Developer Cultural Arts Requirement ordinance. The proposed on -site art
would be reviewed and approved by the Director of the Community and Cultural
Services Department, in coordination with the Arts Commission. This on -site provision
would satisfy the Private Developer Cultural Arts Requirement for the project.
Economic Analysis
The City contracted Keyser Marston and Associates (KMA) to prepare an economic
study of the project consisting of a Value Enhancement Analysis and Fiscal Impact
Analysis. The following is a summary of those analyses, which are attached to this
report in Attachment E.
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Value Enhancement Analysis
The premise of the value enhancement analysis is that additional building height and
floor area above the baseline project would enhance the economic value of the site.
For this project, the baseline project was defined as a Tier 1 project with a base height
of 32 feet and 1.5 FAR, pursuant to the Mixed-Use Boulevard zoning designation. To
quantify the amount of this value en hancement, the City’s financial consultant, KMA,
independently prepared a pro forma analyses, and estimated the difference in residual
land values (estimated value less estimated construction costs) for the baseline project
and the Proposed Project. KMA estimates that the proposed project would provide a
value enhancement of approximately $2.21 million over the value of the existing
development. This analysis does not include the $2.3M in monetary contributions or the
value of the affordable housing units exceeding AHPP requirements provided by the
project.
Fiscal Impact Analysis
The project’s fiscal impact to the City was evaluated, and measured in terms of revenue
and cost impacts to the City’s General Fund. The fiscal impact is calculated by
subtracting the anticipated costs (aggregate departmental and public safety
expenditures and community services) to the City generated by the project from the
anticipated revenues (various taxes) generated by the project. On an annually recurring
basis, the proposed project would result in revenue of approximately $18,600 per year
to the City’s General Fund. The complete KMA analysis is included as Attachment E.
Environmental Analysis
The proposed five-story, 100-unit, mixed-use project 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 certifi ed or
adopted in the last five years. Specifically, the proposed project meets all of the criteria
prescribed in Section 21159.24(a):
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1. The proposed 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 25
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 includes approximately 88,700 square feet
of residential floor area and approximately 13,800 square feet of commercial use
for a total project area of approximately 102,500 square feet. The commercial
space does not exceed 25 percent of total floor area, and therefore, the proposed
project meets the definition of a residential project.
2. The proposed 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.
3. The project site satisfies the criteria of Section 21159.21 in that the project is
consistent with the LUCE and the City's Zoning Ordinance in effect at the time that
the application was deemed complete. In addition, the 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 has completed a Phase I environmental site assessment.
The existing commercial building is not listed on the City’s Historic Resource
Inventory and has undergone prior remodeling and alterations to the roof. The
building is also not known to be associated with elements of the cultural, social,
economic, political, or architectural history of the City, and therefore the proposed
project will have no impact on historic resources in the area. Further, the
demolition permit will be subject to Landmarks Commission review. 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
the project was deemed complete. Specifically, a Final EIR for the LUCE was
certified in July 2010 and the project application was deemed comp lete on
December 4, 2012
5. The project site is approximately 0.86 acres and does not exceed the threshold of
four acres.
6. The project includes 100 residential units and does not exceed the threshold of
100 residential units.
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7. The proposed project will satisfy the City’s Affordable Housing Production Program
by providing at least 15 units affordable to 50% income households, and 5 units
affordable to 80% income households.
8. The proposed 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 four Big
Blue Bus routes including Lines 1, 2, 3, and 7 with 15 minute headways or less
during the morning and afternoon peak commute hours.
9. The proposed project is approximately 102,500 square feet within a multi-level
building, and does not exceed a single-level building of greater than 100,000
square feet.
10. The proposed project provides the equivalent density of 116 units per acre and
thus, is presumed to promote higher density infill housing.
Furthermore, in accordance with Section 21159.24(b), there is no reasonable possibility
that the project will have a project-specific, significant effect on the environment due to
unusual circumstances. There is no feature of this project which wo uld distinguish it
from any other mixed-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 exem pt from CEQA pursuant to
Section 21159.24.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific actions are required in the
future. Based on the fiscal impact analysis provided by the Keyser Marston and
Associates (KMA), approval of the proposed project, on an annually recurring basis,
would result in revenue of approximately $18,600 per year to the City’s General Fund.
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In addition, the project would provide one-time monetary contributions in an amount of
$2.3 million in the form of community benefits that the applicant will be required to
provide pursuant to the proposed development agreement:
Enhanced Transportation Impact fee contribution in the amount of $750,000 to
be deposited in revenue account 04267.402050.
Enhanced Parks and Recreation fee contribution in the amount of $745,000 to be
deposited in revenue account 04501.408710.
Enhanced Affordable Housing Commercial Linkage fee contribution in the
amount of $175,000 to be deposited in revenue account 04264.408690.
Early Childhood Initiatives contribution in the amount of $150,000 to be deposited
into a new special revenue account to be created.
Historic Preservation contribution in the amount of $50,000 to be deposited in a
new special revenue account to be created.
Big Blue Bus contribution in the amount of $80,000 to be deposited in a new
special revenue account to be created.
Transportation Management Association contribution in the amount of $50,000 to
be deposited in revenue account 04267.402840.
Water Conservation contribution in the amount of $300,000 to be deposited in a
new special revenue account to be created.
Prepared By: Steve Mizokami, Associate Planner
Approved
Forwarded to Council
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Attachments:
A. Ordinance
B. 1560 Lincoln Blvd (Dennys) DA for CC 10-13-15
C. DA Findings
D. Development Standards Compliance Table
E. KMA Economic Analysis
F. Community Meeting, ARB Concept, Planning Commission Float-Up Summary
G. Project Plans and Renderings
H. Planning Commission Meeting July 22, 2015
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: Senior Land Use Attorney
________________________________________________________________________
Space Above Line For Recorder's Use
No Recording Fee Required
California Government Code Section 27383
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF SANTA MONICA
AND
NMS1550LINCOLN, LLC
__________________, 2015
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TABLE OF CONTENTS
Recitals ........................................................................................................................................... 1
Article 1 Definitions.............................................................................................................. 3
Article 2 Description of the Project ...................................................................................... 5
2.1 General Description ............................................................................................... 5
2.2 Principal Components of the Project ..................................................................... 5
2.3 No Obligation to Develop ...................................................................................... 5
2.4 Vested Rights ......................................................................................................... 6
2.5 Permitted Uses ....................................................................................................... 8
2.6 Significant Project Features ................................................................................... 9
2.7 LUCE Community Benefits ................................................................................. 10
2.8 Parking ................................................................................................................. 28
2.9 Design .................................................................................................................. 28
Article 3 Construction ......................................................................................................... 29
3.1 Construction Mitigation Plan ............................................................................... 29
3.2 Construction Hours .............................................................................................. 29
3.3 Outside Building Permit Issuance Date ............................................................... 29
3.4 Construction Period ............................................................................................. 30
3.5 Damage or Destruction ........................................................................................ 30
Article 4 Project Fees, Exactions, and Conditions .............................................................. 30
4.1 Fees, Exactions, and Conditions .......................................................................... 30
4.2 Conditions on Modifications................................................................................ 30
4.3 Implementation of Conditions of Approval ......................................................... 30
Article 5 Effect of Agreement on City Laws and Regulations ........................................... 31
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5.1 Development Standards for the Property; Existing Regulations ......................... 31
5.2 Permitted Subsequent Code Changes .................................................................. 32
5.3 Common Set of Existing Regulations .................................................................. 33
5.4 Conflicting Enactments ........................................................................................ 33
5.5 Timing of Development ....................................................................................... 33
Article 6 Architectural Review Board ................................................................................ 34
6.1 Architectural Review Board Approval ................................................................ 34
6.2 Expiration of ARB Approval ............................................................................... 34
Article 7 City Technical Permits ......................................................................................... 34
7.1 Definitions............................................................................................................ 34
7.2 Diligent Action by City ........................................................................................ 34
7.3 Conditions for Diligent Action by the City.......................................................... 34
7.4 Duration of Technical City Permits ..................................................................... 36
7.5 Accessibility of Affordable Units ........................................................................ 36
Article 8 Amendment and Modification ............................................................................. 36
8.1 Amendment and Modification of Development Agreement ............................... 36
Article 9 Term ..................................................................................................................... 36
9.1 Effective Date ...................................................................................................... 36
9.2 Term ..................................................................................................................... 37
Article 10 Periodic Review of Compliance ................................................................................ 37
10.1 City Review ......................................................................................................... 37
10.2 Evidence of Good Faith Compliance ................................................................... 37
10.3 Information to be Provided to Developer ............................................................ 37
10.4 Notice of Breach; Cure Rights ............................................................................. 37
10.5 Failure of Periodic Review .................................................................................. 38
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10.6 Termination of Development Agreement ............................................................ 38
10.7 City Cost Recovery .............................................................................................. 38
Article 11 Default.................................................................................................................. 38
11.1 Notice and Cure ................................................................................................... 38
11.2 Remedies for Monetary Default........................................................................... 39
11.3 Remedies for Non-Monetary Default .................................................................. 39
11.4 Modification or Termination Agreement by City ................................................ 41
11.5 Cessation of Rights and Obligations .................................................................... 41
11.6 Completion of Improvements .............................................................................. 42
Article 12 Mortgagees ........................................................................................................... 42
12.1 Encumbrances on the Property ............................................................................ 42
Article 13 Transfers and Assignments .................................................................................. 44
13.1 Transfers and Assignments .................................................................................. 44
13.2 Release Upon Transfer ......................................................................................... 44
Article 14 Indemnity to City ................................................................................................. 44
14.1 Indemnity ............................................................................................................. 44
14.2 City’s Right to Defense ........................................................................................ 45
Article 15 General Provisions ............................................................................................... 45
15.1 Notices ................................................................................................................. 45
15.2 Entire Agreement; Conflicts ................................................................................ 46
15.3 Binding Effect ...................................................................................................... 46
15.4 Agreement Not for Benefit of Third Parties ........................................................ 46
15.5 No Partnership or Joint Venture .......................................................................... 46
15.6 Estoppel Certificates ............................................................................................ 46
15.7 Time ..................................................................................................................... 47
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15.8 Excusable Delays ................................................................................................. 47
15.9 Governing Law .................................................................................................... 48
15.10 Cooperation in Event of Legal Challenge to Agreement ..................................... 48
15.11 Attorneys’ Fees .................................................................................................... 48
15.12 Recordation .......................................................................................................... 49
15.13 No Waiver ............................................................................................................ 49
15.14 Construction of this Agreement ........................................................................... 49
15.15 Other Governmental Approvals ........................................................................... 49
15.16 Venue .................................................................................................................. 50
15.17 Exhibits ................................................................................................................ 50
15.18 Counterpart Signatures......................................................................................... 51
15.19 Certificate of Performance ................................................................................... 51
15.20 Interest of Developer............................................................................................ 51
15.21 Operating Memoranda ......................................................................................... 51
15.22 Acknowledgments, Agreements and Assurance on the Part of Developer ......... 51
15.23 Not a Public Dedication ....................................................................................... 52
15.24 Other Agreements ................................................................................................ 52
15.25 Severability and Termination ............................................................................... 52
Exhibit “A” Legal Description of Property
Exhibit “B” Project Plans
Exhibit “C” Permitted Fees and Exactions
Exhibit “D” Conditions of Approval
Exhibit “E” SMMC Article 9 (Planning and Zoning)
Exhibit “F-1” Local Hiring Program for Construction
Exhibit "F-2" Local Hiring Program for Permanent Employment
Exhibit "G" Construction Mitigation Plan
Exhibit “H” Assignment and Assumption Agreement
Exhibit “I” Alcohol Conditions
Exhibit "J" Agreement Imposing Restrictions on Rents & Occupancy of Real Property
Exhibit “K” Public Open Space Diagram
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DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”), dated ____________, 2015 ("Effective
Date"), is entered into by and between NMS1550LINCOLN, LLC (“Developer”), and the CITY
OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of
the State of California and the Charter of the City of Santa Monica (the “City”), with reference
to the following facts:
RECITALS
A. Pursuant to California Government Code Section 65864 et seq., Chapter 9.48 of
the Santa Monica Municipal Code, and Santa Monica Interim Ordinance No. 2356, as extended
and modified, (collectively, the “Development Agreement Statutes”), the City is authorized to
enter into binding development agreements with persons or entities having a legal or equitable
interest in real property for the development of such real property.
B. Developer is the owner of approximately 37,500 square feet of land located in the
City of Santa Monica, State of California, commonly known as 1560 Lincoln Boulevard, Santa
Monica CA as more particularly described in Exhibit “A” attached hereto and incorporated
herein by this reference (the “Property”).
C. The City has included the Property within the Mixed Use Boulevard land use
designation under the City’s recently adopted Land Use and Circulation Element of its General
Plan (the “LUCE”). The Property is located within the Mixed Use Boulevard District (MUB)
under the City’s Zoning Ordinance. To aid in the redevelopment of the Property, the City and
Developer desire to allow Developer to construct a mixed use project with subterranean parking.
D. On December 4, 2012, Developer filed an application for a Development
Agreement, pursuant to Santa Monica Municipal Code (“SMMC”) Section 9.60
(the “Development Application”). The Development Application was designated by the City as
Application No. DEV 12-017. The Development Application is to permit construction of a five
(5) story, sixty (60) foot mixed use project consisting of one hundred (100) residential rental
units above 13,800 square feet of ground floor neighborhood-serving commercial uses and two
hundred and thirty two (232) below grade parking spaces, as more fully descried in this
Agreement.
E. The LUCE requires a development agreement for Tier 3 projects as established
pursuant to LUCE Chapter 2.1 unless developed pursuant to a development agreement adopted
in accordance with SMMC Chapter 9.60. Adoption of this Agreement will allow for the
issuance of permits for the Project.
F. Developer has paid all necessary costs and fees associated with the City’s
processing of the Development Application and this Agreement.
G. Following filing of the Development Application, the City determined that the
project was exempt from the California Environmental Quality Act ("CEQA") pursuant to Public
Resources Code Section 21159.24.
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H. The primary purpose of the Project is to provide a mix of uses including 100
residential units (including eighty (80) market rate units and twenty (20) Affordable Units,
including ten (10) AHPP Units) above 13,800 square feet of ground floor commercial uses and
two hundred and four (232) total subterranean automobile parking spaces. The Parties desire to
enter into this Agreement in conformance with the Development Agreement Statutes in order to
achieve the development of the Project on the Property.
I. The City Council has determined that a development agreement is appropriate for
the proposed development of the Property. This Agreement will (1) eliminate uncertainty in
planning for the Project and result in the orderly development of the Project, (2) assure
installation of necessary improvements on the Property, (3) provide for public infrastructure and
services appropriate to development of the Project, (4) preserve substantial City discretion in
reviewing subsequent development of the Property, (5) secure for the City improvements that
benefit the public, (6) ensure the provisions of community benefits as envisioned in the LUCE,
and (7) otherwise achieve the goals and purposes for which the Development Agreement Statutes
were enacted.
J. This Agreement is consistent with the public health, safety, and welfare needs of
the residents of the City and the surrounding region. The City has specifically considered and
approved the impact and benefits of the development of the Project on the Property in
accordance with this Agreement upon the welfare of the region. The Project will provide a
number of public benefits, including without limitation the following: (a) twenty (20) Affordable
Units, including ten (10) AHPP Units, as provided in Sections 2.6 and 2.7, (b) sustainable
building design at a LEED® Platinum certification rating plus additional water conservation
measures, (c) transportation demand management (“TDM”) benefits, (d) additional
Transportation, Parks and Recreation, Childcare and Commercial Affordable Housing Linkage
Fees in excess of SMMC requirements, (e) financial contribution to the Big Blue Bus, (f)
financial contribution to historic preservation, (g) financial contribution to water conservation
programs, (h) financial contribution to the Transportation Management Association, (i) electric
vehicle charging stations, (j) photovoltaic rooftop panels, (k) a local hiring program, (l) a local
housing preference plan, (m) a community room available for public use, (n) twenty (20) public
parking spaces reserved for City use and (o) ground floor, publically accessible open walkways.
K. The City Council has found that the provisions of this Development Agreement
are consistent with the relevant provisions of the City’s General Plan, including the LUCE.
L. On July 22, 2015, the City's Planning Commission held a duly noticed public
hearing on the Development Application, this Agreement, and at such hearing, the Planning
Commission recommended that the City Council approve the Project and this Agreement, with
certain recommended changes.
M. On October 13, 2015, the City Council held a duly noticed public hearing on the
Development Application, this Agreement and introduced Ordinance No. _____ for first reading,
approving this Agreement.
N. On ____________, 2015, the City Council adopted Ordinance No. ______,
approving this Agreement.
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NOW THEREFORE, in consideration for the covenants and conditions hereinafter set
forth, the Parties hereto do hereby agree as follows:
ARTICLE 1
DEFINITIONS
Capitalized terms not defined below shall have the meanings set forth in the City's
Zoning Ordinance. The terms defined below have the meanings in this Agreement as set forth
below unless the Agreement expressly requires otherwise:
1.1 “Agreement” means this Development Agreement entered into between the City
and Developer as of the Effective Date.
1.2 "Affordable Rent" means
1.2.1 For thirty percent income households, the product of thirty percent times
thirty percent of the area median income adjusted for household size appropriate for the unit.
1.2.2 For fifty percent income households, the product of thirty percent times
fifty percent of the area median income adjusted for household size appropriate for the unit.
1.2.3 For eighty percent income households whose gross incomes exceed the
maximum incomes for fifty percent income households, the product of thirty percent times sixty
percent of the area median income adjusted for household size appropriate for the unit.
1.3 “Affordable Units” means dwelling units within the Project that are deed
restricted for a 55 year period that are available to and occupied by Fifty Percent Income
Households or Eighty Percent Income Households at Affordable Rent.
1.4 “ARB” means the City’s Architectural Review Board.
1.5 “Area Median Income or AMI” means the median family income published
from time to time by the United States Department of Housing and Urban Development
("HUD") for the Los Angeles-Long Beach Metropolitan Statistical Area.
1.6 “Building” means the Project’s single above grades structure.
1.7 “City Council” means the City Council of the City of Santa Monica, or its
designee.
1.8 “City General Plan” or “General Plan” means the General Plan of the City of
Santa Monica, and all elements thereof including the LUCE, as of the Effective Date unless
otherwise indicated in this Agreement.
1.9 “City Parties” means the City, its City Council, boards and commissions,
departments, officers, agents, employees, volunteers and other representatives.
1.10 “Certificate of Occupancy” means either temporary or permanent Certificate of
Occupancy, unless otherwise expressly specified in this Agreement.
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1.11 “Discretionary Approvals” are actions which require the exercise of judgment or
a discretionary decision, and which contemplate and authorize the imposition of revisions or
additional conditions, by the City, including any board, commission, or department of the City
and any officer or employee of the City. Discretionary Approvals do not include Ministerial
Approvals.
1.12 “Effective Date” has the meaning set forth in Section 9.1 below.
1.13 “Eighty Percent Income Household” means a household whose gross income
does not exceed the eighty percent income limits applicable to the Los Angeles-Long Beach
Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically
updated by HUD.
1.14 “Fifty Percent Income Household” means a household whose gross income does
not exceed the fifty percent income limits applicable to the Los Angeles-Long Beach Primary
Metropolitan Statistical Area, adjusted for household size, as published and periodically updated
by HUD.
1.15 "Floor Area" has the meaning as defined in Section 9.52.020.0870 of the Zoning
Ordinance. However, 500 square feet of outdoor dining area shall be excluded when calculating
parking requirements.
1.16 “Floor Area Ratio" and FAR” means floor area ratio as defined in
Section 9.52.020.0880 of the Zoning Ordinance.
1.17 “Including” means “including, but not limited to.”
1.18 "LEED® Rating System" means the Leadership in Energy and Environmental
Design (LEED®) Green Building Rating System known as “LEED For Homes: Multifamily
Mid-Rise, October 2010, CA Version, 2011 Update.”
1.19 “Legal Action” means any action in law or equity.
1.20 “Life of the Project” shall mean a period commencing on the date of Certificate
of Occupancy is issued for the Project and ending on the date which is fifty-five (55) years from
Certificate of Occupancy for the Project; provided, however, that if the Project is damaged or
destroyed and cannot be rebuilt in accordance with the development standards permitted in this
Agreement, then the Life of the Project shall be deemed to have ended as of the date of such
damage or destruction.
1.21 “Maximum Floor Area” means 102,500 square feet of floor area.
1.22 “Ministerial Approvals” mean any action which merely requires the City
(including any board, commission, or department of the City and any officer or employee of the
City), in the process of approving or disapproving a permit or other entitlement, to determine
whether there has been compliance with applicable statutes, ordinances, regulations, or
conditions of approval.
1.23 “Parties” mean both the City and Developer and “Party” means either the City
or Developer, as applicable.
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1.24 “Planning Director” means the Planning Director of the City of Santa Monica, or
his or her designee.
1.25 “Project” means the development project reflected on the Project Plans.
1.26 “Project Plans” mean the plans for the Project that are attached to this
Agreement as Exhibit “B.”
1.27 "Rental Housing Units" means the 100 residential rental units in the Project.
1.28 “SMMC” means the Santa Monica Municipal Code in effect on the Effective
Date unless specifically stated to refer to the Santa Monica Municipal Code as it may in effect at
some other time.
1.29 “Thirty Percent Income Household” means a household whose gross income
does not exceed the thirty percent income limits applicable to the Los Angeles-Long Beach
Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically
updated by HUD.
1.30 “Zoning Ordinance” means the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance (Chapter 9.01-9.52 of the SMMC), and any applicable Interim Zoning
Ordinance, as the same are in effect on the Effective Date, set forth in its entirety as part of
Exhibit “E” (Planning and Zoning).
ARTICLE 2
DESCRIPTION OF THE PROJECT
2.1 General Description. The Project includes all aspects of the proposed
development of the Property as more particularly described in this Agreement and on the Project
Plans. If there is a conflict or inconsistency between the text of this Agreement and the Project
Plans, the Project Plans will prevail; provided, however, that omissions from the Project Plans
shall not constitute a conflict or inconsistency with the text of this Agreement.
2.2 Principal Components of the Project. The Project consists of the following
principal components, as well as the other components delineated in the Project Plans, all of
which are hereby approved by the City subject to the other provisions of this Agreement: (a) 100
residential apartment units (comprised of eighty (80) market rate units and twenty (20)
Affordable Units), (b) 13,800 square feet of neighborhood serving commercial floor area and (c)
232 subterranean parking spaces.
2.3 No Obligation to Develop.
2.3.1 Except as specifically provided herein:
(a) Nothing in this Agreement shall be construed to require Developer to
proceed with the construction of the Project or any portion thereof.
(b) The decision to proceed or to forbear or delay in proceeding with
construction of the Project or any portion thereof shall be in Developer’s sole discretion.
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(c) Failure by Developer to proceed with construction of the Project or
any portion thereof shall not give rise to any liability, claim for damages or cause of action
against Developer, except as may arise pursuant to a nuisance abatement proceeding under
SMMC Chapter 8.96, or any successor legislation.
2.3.2 Failure by Developer to proceed with construction of the Project or any
portion thereof shall not result in any loss or diminution of development rights, except upon
expiration of Developer’s vested rights pursuant to this Agreement, or the termination of this
Agreement.
2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary,
Developer shall be required to implement all conditions of approval required under this
Agreement in accordance with and at the time specified in Exhibit “D” and may be subject to all
remedies specified in this Agreement for the failure to implement these conditions of approval.
2.4 Vested Rights.
2.4.1 Approval of Project Plans. The City hereby approves the Project Plans.
The City shall maintain a complete copy of the Project Plans, stamped “Approved” by the City,
in the Office of the City Clerk, and Developer shall maintain a complete copy of the Project
Plans, stamped “Approved” by the City, in its offices or at the Project site. The Project Plans to
be maintained by the City and Developer shall be in a half-size set. Further detailed plans for the
construction of the Building and improvements, including, without limitation, structural plans
and working drawings shall be prepared by Developer subsequent to the Effective Date based
upon the Project Plans.
2.4.2 Minor Modifications to Project. Developer with the approval of the
Planning Director, may make minor changes to the Project or Project Plans (“Minor
Modifications”) without amending this Agreement; provided that the Planning Director makes
the following specific findings that the Minor Modifications: (i) are consistent with the Project’s
approvals as approved by the City Council; (ii) are consistent with the provisions, purposes and
goals of this Agreement; (iii) are not detrimental to the public health, safety, convenience or
general welfare; and (iv) will not significantly and adversely affect the public benefits associated
with the Project. The Planning Director shall notify the Planning Commission in writing of any
Minor Modifications approved pursuant to this Section 2.4.2. Any proposed change which the
Planning Director denies as not qualifying for a Minor Modification based on the above findings
must be processed as a Major Modification.
2.4.3 Modifications Requiring Amendment to this Agreement. Developer shall
not make any “Major Modifications” (defined below) to the Project without first amending this
Agreement to permit such Major Modifications. A “Major Modification” means the following:
(a) Reduction of any setback of the Project, as depicted on the Project
Plans, if by such reduction the applicable setback would be less than is permitted in the
applicable zoning district under the Zoning Ordinance in effect on the date such modification is
applied for;
(b) Any change in use not consistent with the permitted uses defined in
Section 2.5 below;
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(c) Any reduction in the number of Affordable Units required under
Section 2.7.1.
(d) Any increase in the number of Rental Housing Units in excess of 100
units;
(e) Any decrease in the number of parking spaces such that the aggregate
number of parking spaces in the Project, after such reduction, would be less than the minimum
number of spaces required by the Downtown Specific Plan, if adopted by the City by the date
Developer requests such Major Modification. Additionally, any such request shall (i) be
supported by a Developer-prepared written report that demonstrates that the proposed, reduced
number of parking spaces will meet the Project’s peak parking demand and (ii) Developer shall
obtain the Planning Director’s approval of such report.
(f) An increase of more than five percent (5%) in the number of parking
spaces shown on the Project Plans but in no case shall the increase exceed the parking
maximums established by the Downtown Specific Plan, if adopted by the City by the date
Developer request such Major Modification.
(g) Any material change in the number or location of curb cuts shown on
the Project Plans;
(h) Any variation in the design, massing or building configuration,
including but not limited to, floor area and building height, that renders such aspects out of
substantial compliance with the Project Plans after ARB Approval; and
(i) Any change that would substantially reduce or alter the significant
project features as set forth in Section 2.6 and community benefits as set forth in Section 2.7.
If a proposed modification does not exceed the Major Modification
thresholds established above, then the proposed modification may be reviewed in accordance
with Section 2.4.2.
2.4.4 City Consent to Modification. The Planning Director shall not
unreasonably withhold, condition, or delay his or her approval of a request for such Minor
Modification. The City may impose fees, exactions, and conditions, in connection with its
approval of a Minor or Major Modification, subject to any applicable law. Notwithstanding
anything to the contrary herein or in the Existing Regulations, if the Planning Director approves
a Minor Modification or if the City approves a Major Modification (and the corresponding
amendment to this Agreement for such Major Modification), as the case may be, Developer shall
not be required to obtain any other Discretionary Approvals for such modification, except for
ARB approval, in the case of certain Major Modifications.
2.4.5 Right to Develop. Subject to the provisions of Section 3.3 below, during
the Term (as defined in Section 9.2 below) of this Development Agreement, Developer shall
have the vested rights (the “Vested Rights”) to (a) develop and construct the Project in
accordance with the following: (i) the Project Plans (as the same may be modified from time to
time in accordance with this Agreement); (ii) any Minor Modifications approved in accordance
with Section 2.4.2; (iii) any Major Modifications which are approved pursuant to Section 2.4.3;
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and (iv) the requirements and obligations of Developer related to the improvements which are
specifically set forth in this Agreement, and (b) use and occupy the Project for the permitted uses
set forth in Section 2.5. Except for any required approvals from the ARB pursuant to Section 6.1
of this Agreement, the City shall have no further discretion over the elements of the Project
which have been delineated in the Project Plans (as the same may be modified from time to time
in accordance with this Agreement).
2.4.6 Foundation Only Building Permit. Santa Monica Municipal Code Section
8.08.070(b) allows for issuance of partial permits for portions of a structure. Developer may
submit an application for a Foundation Only Permit, which application shall be processed
according to the Building and Safety Division’s Foundation Only Permit policy (PT-05-03, or
any successor thereto).
2.5 Permitted Uses. The City approves the following permitted uses for the Project:
2.5.1 Above the Ground Floor: Rental housing.
2.5.2 On the Ground Floor: Any non-residential uses permitted by the Zoning
Ordinance in effect at the time the use is established, provided that all such uses shall be
primarily neighborhood serving goods, services, or retail uses. These neighborhood-serving
nonresidential uses shall be active small-scale general or specialty establishments primarily
serving residents or employees of the neighborhood, including guests of hotels located in the
neighborhood (“Active Neighborhood Serving Uses”). A determination that a use constitutes
an “Active Neighborhood Serving Use” shall be rendered by the City at the time of issuance of a
business license for each such individual use and not thereafter. Restaurants are automatically to
be deemed “Active Neighborhood Serving Uses.” For purposes of this Agreement, given the
Property’s location in the Mixed Use Boulevard Designation, Active Neighborhood Serving
Uses of not more than 14,000 square feet of usable area, not including subterranean storage
areas, the transformer area, meter area, or refuse area, shall be deemed “small scale
establishments.”
2.5.3 Conditional Use Permit. Any non-residential uses permitted by
Conditional Use Permit by the Zoning Ordinance in effect at the time the use is established,
provided that all such uses shall be primarily neighborhood serving goods, services, or retail
uses. These neighborhood-serving nonresidential uses shall be active small-scale general or
specialty establishments primarily serving residents or employees of the neighborhood, including
guests of hotels located in the neighborhood (“Active Neighborhood Serving Uses”). A
determination that a use constitutes an “Active Neighborhood Serving Use” shall be rendered by
the City at the time of issuance of a business license for each such individual use and not
thereafter. Restaurants are automatically to be deemed “Active Neighborhood Serving Uses.”
For purposes of this Agreement, given the Property’s location in the Mixed Use Boulevard
Designation, Active Neighborhood Serving Uses of not more than 14,000 square feet of usable
area, not including subterranean storage areas, the transformer area, meter area, or refuse area,
shall be deemed “small scale establishments.”
2.5.4 Other Uses Subject to Discretionary City Planning Approvals. In addition
to the Permitted Uses, Developer may seek a discretionary planning approval for ground floor
uses that are allowed by any other City discretionary process as provided in the Zoning
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Ordinance in effect when the use is sought to be established, provided that all such uses shall be
Active Neighborhood Serving Uses as defined in Section 2.5.2 and shall be subject to Section
2.5.5. Such uses (a) may not commence until the requisite City discretionary planning approval
and a business license are obtained and (b) are not permitted above the ground floor.
2.5.5 Alcoholic Beverage Permits.
(a) In the event Developer or a business operator proposes a new business
or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt
beverages, and distilled spirits for on-site or off-site consumption, a Conditional Use Permit shall
be required pursuant to SMMC Section 9.31.040, or any successor thereto, except for
Restaurants complying with Section 2.5.4(b) below. No Conditional Use Permit shall be
required for catered events for which Developer obtains the permits then required for such
events. This Section 2.5.4 shall survive the Term of this Agreement and shall remain binding on
Developer, its successors and assigns, and shall continue in effect for the Life of the Project.
Notice of the terms and conditions in Exhibit “I” shall be recorded separately from and
concurrently with this Agreement.
(b) Restaurants which offer alcoholic beverages including beer or wine
incidental to meal service shall be exempt from the provisions of Section 9.31.040 of the Zoning
Ordinance, provided that the operator of the Restaurant (or Developer if Developer is the
applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “I” of
this Agreement and the Developer shall cause the applicable lease to contain a clause that
requires the restaurant tenant to comply with such terms and conditions.
2.6 Significant Project Features. Set forth below in this Section 2.6 are the significant
project features to be achieved and/or developed in accordance with the terms of this Agreement.
2.6.1 Increased Tax Revenues. Increasing tax revenues, including sales tax,
property tax, business license tax, parking tax, and utility user’s tax;
2.6.2 Aesthetic Enhancement to the Downtown Core. Development of a well-
designed mixed use development;
2.6.3 Construction Employment Opportunities. An estimated one-hundred
(100) new design and construction related employment opportunities;
2.6.4 Affordable Housing Production Program. In satisfaction of its affordable
housing obligations under SMMC Section 9.64, the Affordable Housing Production Program,
Developer shall deed restrict ten (10) one-bedroom units that are available to and occupied by
Fifty Percent Income Households at Affordable Rent (“AHPP Units”).
2.6.5 Developer Contribution for Cultural Arts. Developer shall, satisfy the
private developer cultural arts requirement by installing on-site public art pursuant to SMMC
Chapter 9.30.
2.6.6 Various standard public improvements and fees. Developer shall pay fees
and construct improvements as required by the Santa Monica Municipal Code.
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2.7 LUCE Community Benefits. Set forth below in this Section 2.7 are the additional
community benefits that will be provided by the Project:
2.7.1 Additional Affordable Units. In addition to the ten (10) AHPP Units
required in Sections 2.6.4, above, the Developer shall provide ten (10) additional Affordable
Units, as follows: five (5) two-bedroom Affordable Units shall be available to and occupied by
Fifty Percent Income Households at Affordable Rent and five (5) two-bedroom Affordable Units
shall be available to and occupied by Eighty Percent Income Households at Affordable Rent for
a total of twenty (20) Affordable Units in the Project. All Affordable Units shall be subject to
the Affordable Housing Production Program except as expressly modified in this Agreement.
2.7.2 Form of Deed Restrictions. The deed restrictions for the ten (10) AHPP
Units and the ten (10) additional Affordable Units shall survive the Term of this Agreement and
shall remain binding on Developer, its successor and assigns, and shall continue in effect for the
greater of fifty-five (55) years from issuance of the certificate of occupancy or the Life of the
Project. The deed restrictions shall be in the form of Exhibit “J” and shall be recorded
separately from and concurrently with this Agreement.
2.7.3 Affordable Housing Availability for Disabled Households. Developer
shall inform local disability advocacy organizations of the mechanism for applying to be placed
on the City’s Affordable Housing waiting list administered by the City’s Housing Division and
whether the City’s Affordable Housing waiting list is currently accepting applications.
2.7.4 Sustainable Design Status: LEED® Platinum Requirement. Developer
shall design the Project so that, at a minimum, the Project shall achieve LEED® “Platinum”
certification under the LEED® Rating System known as “LEED for Homes: Multifamily Mid-
Rise, October 2010, CA Version, 2011 Update" (the “Sustainable Design Status”). Developer
shall retain the services of a LEED accredited professional to consult with Developer regarding
inclusion of sustainable design features for the Project. Developer 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 for Architecture Review Board
review, Developer shall submit a preliminary checklist of anticipated LEED® credits (that shall
be prepared by the LEED® accredited professional) for review by the City, along with a
narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status.
(b) Prior to submittal of the plan check application for the Project,
Developer shall:
1) Submit for review by the City and updated checklist of
anticipated LEED® credits along with a narrative
describing the project’s sustainable features to demonstrate
that the Building is likely to achieve the Sustainable Design
Status
2) Retain the services of a third party, independent individual
designated to organize, lead, review and complete the
process of verifying and documenting that a building and
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all of its systems and assemblies are planned, designed,
installed, and tested to meet the Building’s requirements
(the “Commissioning Authority”)
3) Submit a Commissioning Plan which includes the elements
specified in California Code of Regulations Title 24, Part
11, Section 5.410.2.3 or any successor thereto
(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 has not verified that the
constructed Project has achieved the Sustainable Design Status, the City shall nonetheless issue a
temporary Certificate of Occupancy for the Project (assuming that the Project is otherwise
entitled to receive a temporary Certificate of Occupancy). The temporary Certificate of
Occupancy shall be converted to a final Certificate of Occupancy (assuming that 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 Developer has exhausted all
administrative remedies and appeals of that denial, then the City shall issue a Certificate of
Occupancy upon the Developer paying a fine in the amount of four dollars ($4.00) per square
foot of Project Floor Area to be used for the City’s Sustainability Programs. This fine may be
waived if the City in its sole discretion determines that Developer made a good faith effort to
achieve the Sustainable Design Status.
2.7.5 Water Conservation. Developer shall achieve a Water Conservation
Requirement, defined as (i) 50% below the CALGreen (Title 24) baseline for exterior water use
and landscaping irrigation, and (ii) thirty percent (30%) below the CALGreen (Title 24) baseline
for interior building water use. Water supply may include potable and non-potable water to the
extent possible due to regulatory approval. The following measures shall be required for the
commercial and residential components of the Project, as applicable:
(a) 1.0 gallons per flush or less tank-type toilets in the residential units
and 1.1 gallons per flush, flush valve toilets in the commercial spaces;
(b) 1.75 gallons per minute or less showerheads;
(c) Individual clothes washers shall have a CEE integrated water
factor of 3.2 or less;
(d) Common use clothes washers installed shall have an integrated
water factor of 4.5 or less
(e) .50 gallons per minute or less bathroom faucets, unless prohibited
by applicable government regulations; otherwise, lowest gallons per minute residential lavatory
faucets that are commercially available;
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(f) 2.2. gallon per minute kitchen sink faucets;
(g) All residential units shall be individually sub-metered;
(h) Swimming pool volume shall be limited to 12,000 gallons and
shall make up no more than 20% of the roof area.
(i) Landscaping shall be irrigated with greywater, stormwater,
rainwater, recycled water and/or other approved non-potable water supply. Use of SMURFF
water or treated wastewater will require connection to the SMURFF line from Colorado Avenue
to the Project.
(j) 15% of the landscape area of the project shall be planted with
edible plants unless prohibited by applicable government regulations.
2.7.6 Energy Conservation. Developer shall implement the following energy
conservation measures:
(a) Developer shall install photovoltaic panels on the roof deck of the
Project sufficient to generate energy to power the Project’s common areas.
(b) The swimming pool shall be heated with 100% renewable energy
sources.
(c) The Project shall be designed to use and shall achieve 15% less
energy than required by the California Energy Code.
(d) In order to maximize renewable energy opportunities for this
Project, solar energy systems, including photovoltaic panels, solar thermal/hot water systems,
and/or other types of commercially available solar energy systems, shall be installed on the
Building's roof in areas appropriate for solar placement to achieve reasonable maximum
coverage of the roof area, as confirmed by the City’s Planning Director working in consultation
with the City’s Office of Sustainability. Areas of the roof available and appropriate for solar
systems placement shall exclude any areas necessary or required for rooftop equipment, any roof
areas necessary for building or equipment maintenance, Fire Department access, and/or other
applicable code, legally-mandated or otherwise necessary access and/or clearances, and up to
twenty percent (20%) of any rooftop areas designated on the Project Plans for tenant amenities
and/or open space. The type or types of such renewable energy systems to be installed on the
Building’s roof shall be as recommended by a professional engineer trained in solar system
design and installation on similar types of commercial buildings in downtown urban
environments. The professional engineer shall consult with the City’s Office of Sustainability
during the process of evaluating and selecting the type or types of renewable energy systems for
this Building. Any such solar system installations shall not be counted in the determination of
the maximum height of the Building.
2.7.7 Bioswale. Developer shall install a bioswale and infiltration system along
the property frontage on Lincoln Boulevard and parkway landscaping on Colorado Avenue to the
satisfaction of the City and in accordance with the following requirements:
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(a) Prior to submission of plans for Architectural Review Board
approval, Developer shall complete soil and percolation tests and share results with the City.
(b) Prior to submittal of the plan check application for the Project,
Developer shall submit preliminary design of the bioswale and infiltration system for review by
the City.
(c) Prior to issuance of a building permit, Developer shall have
obtained approval from the City for final design of the bioswale and infiltration system.
(d) Developer shall obtain a Use of Public Property Permit prior to
initiating any construction in the public right-of-way.
(e) Prior to issuance of a Certificate of Occupancy, Developer shall
have completed the bioswale and infiltration system, obtained approval of record drawings from
the City, and submitted such drawings to the City.
(f) Maintenance of the subsurface bioswale and infiltration system
shall be the responsibility of the City. Maintenance of the above ground vegetation and
landscaping shall be the responsibility of the Developer.
(g) If Developer’s engineer of record finds, or if soil and percolation
tests demonstrate that, it is impractical to install a bioswale and infiltration system, then the City
shall issue a Certificate of Occupancy upon the Developer paying an in lieu fee of two hundred
and five thousand dollars ($205,000) that would allow the City to design and construct a similar
system elsewhere in the City.
2.7.8 Transportation Demand Management Plan (“TDM Plan”). Developer
shall implement and maintain the following Transportation Demand Management Plan (“TDM
Plan”) commencing with the issuance of a Certificate of Occupancy:
(a) TDM Plan Format. Prior to issuance of Certificate of Occupancy,
Developer shall prepare a TDM Plan for review and approval by the City. Physical components
of the TDM Plan as required by Section 2.7.8(d) must be shown on the construction drawings
and be approved by the City. The TDM Plan shall be designed to achieve the AVR Target and
shall include:
1) Project description
2) Site conditions that affect commute travel
3) Statement of commitment from Developer to:
(i) Conduct annual surveys in conformance with this
Agreement to determine vehicle trip behavior including collection of data on employee means of
travel, arrival time, and interest in information on ridesharing opportunities. The annual survey
shall not be required for residential units.
(ii) Monitor the TDM Plan
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(iii) Report annually in a manner required by this
Agreement
4) Annual Budget to implement the TDM Plan
5) Duties, responsibilities, and qualifications of the PTC
6) TDM Plan program measures as required by this
Agreement
7) Implementation Strategy that specifies how the TDM Plan
will be implemented, monitored, and who will be responsible for submitting annual status report
to the City.
(b) Annual Report on TDM Plan. Developer shall submit an annual
monitoring report on the TDM Plan (“TDM Annual Status Report”) starting on the first
anniversary of issuance of the project’s Certificate of Occupancy. The TDM Annual Status
Report shall include the following:
1) Confirmation of compliance with all TDM Plan elements
2) AVR calculations and documentation for the monitoring
year based upon cumulative employee surveys for the project undertaken for one consecutive
week each year. The survey must be conducted in accordance with Section 2.7.8(e)(2)(v) except
that zero emission vehicles shall be counted as vehicles.
3) Updated statement of commitment from Developer
4) Updated annual budget to implement TDM Plan
5) Updated contact information including name, e-mail
address, and proof of certification of the Project Transportation Coordinator, as defined by
Section 2.7.8(e)(1)(iii), who is responsible for the preparation, implementation, and monitoring
of the TDM Plan
6) Effect of the TDM Plan on on-site transportation choice,
parking availability, and transit ridership.
7) Updated implementation strategy.
(c) Transportation Demand Management Ordinance. Commercial
tenants in the Project shall be subject to SMMC Chapter 9.53 (the Transportation Management
Ordinance), or any successor thereto. In the case of any inconsistency between this Agreement
and the Transportation Demand Management Ordinance, the more restrictive requirements shall
apply.
(d) Physical Elements
1) Measures Applicable to Entire Project (Commercial and
Residential Elements):
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(i) Transportation Information Center. The Developer
shall maintain, for the life of the Project, a Transportation Information Center (“TIC”) in a
location identified on the Project Plans. The location may be relocated from time to time
thereafter by the Developer. The TIC shall include information for employees, visitors and
residents about:
A. 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
B. 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.
C. 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.
(ii) Bicycle Amenities. A bicycle tool and repair stand
shall be provided on-site for employees and residents as shown on the Project Plans.
(iii) Carshare Parking Space. Developer shall offer a
minimum of one (1) parking space free of charge to a carsharing service, if such a service is
available from a third party provider on terms mutually and reasonably acceptable to such third
party provider and the Developer (including reasonable indemnification and insurance from the
car share provider). Any car share service operating at the Project will be available to customers
of the particular car share provider. Required parking spaces may be used for carshare vehicles.
The carshare parking spaces shall be located on the P1 level, as identified on the Project Plans.
2) Measures Applicable to Project's Commercial Component
Only:
(i) Employee Secure Bicycle Storage. Developer shall
provide secure bicycle parking for commercial employees as shown on the Project Plans but no
less than one (1) space per 1,500 square feet of floor area with a minimum of four (4) long-term
spaces to be provided. For the purpose of this Section, secure bicycle parking shall mean an
enclosed bicycle locker; a fenced, covered, locked or guarded bicycle storage area with bike
racks within; or a rack or stand inside a building that is within view of an attendant or security
guard or visible from employee work areas. At least one electrical outlet shall be available in the
long-term bicycle parking area for the use of electrical assisted bicycle charging. Prior to ARB
approval, the location and type of secure bicycle storage shall be submitted for review and
approval by the City. If the secure bicycle storage is not secure individual bicycle lockers,
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commercial employee secure bicycle storage shall be provided in an area separate from the
secure bicycle storage for residents.
(ii) Employee Showers and Locker Facilities.
Developer shall provide one (1) unisex shower and lockers as shown on the Project Plans but no
less than one (1) clothes locker per seventy-five percent (75%) of the actually provided long-
term secure employee bicycle parking 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. Lockers shall be distributed with priority given to those who utilize active
commutes.
(iii) Short-Term Bicycle Parking. Developer shall
provide bicycle parking for short-term public use as shown on the Project Plans but no less than
one (1) space per 1,000 square feet of floor area with a minimum of four (4) spaces to be
provided. No more than 50% of the short-term bicycle parking may be provided in a vertical or
hanging rack. Prior to ARB approval, the location and type of bike racks to be provided shall be
submitted for review and approval by the City. The short-term bicycle parking shall meet the
following standards:
A. For each bicycle parking space required a
stationary, securely anchored object shall be provided to which a bicycle frame and one wheel
can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle.
One such object may serve multiple bicycle parking spaces.
3) Measures Applicable to Project's Residential Component
Only:
(i) Convenient and Secure Bicycle Storage for
Residents. Developer shall provide a convenient and secure bicycle parking area for residents of
the Project in the Subterranean Space as shown on the Project Plans but no less than one (1)
secure long-term bicycle space per residential bedroom and/or studio. For the purposes of this
Section, secure bicycle parking shall mean an enclosed bicycle locker; a fenced, covered, locked
or guarded bicycle storage area with bike racks within; or a rack or stand inside a building that is
within view of an attendant or security guard or visible from employee work areas. At least one
electrical outlet shall be available in the long-term bicycle parking area for the use of electrical
assisted bicycle charging. Prior to ARB approval, the location and type of secure bicycle storage
shall be submitted for review and approval by the City. The residential secure bicycle storage
shall be provided in an area separate from the secure bicycle storage for commercial employees.
(ii) Short-Term Public Bicycle Parking. Developer
shall provide bicycle parking for short-term public use as shown on the Project Plans but no less
than 10% of the long-term spaces required by Section 2.7.8(d)(3)(i) with a minimum of two (2)
spaces. No more than 50% of the short-term bicycle parking may be provided in a vertical or
hanging rack. Prior to ARB approval, the location and type of bike racks to be provided shall be
submitted for review and approval by the City. The short-term bicycle parking spaces shall meet
the following standards:
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A. For each bicycle parking space required a
stationary, securely anchored object shall be provided to which a bicycle frame and one wheel
can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle.
One such object may serve multiple bicycle parking spaces.
(e) Programmatic Elements.
1) Measures Applicable to the Entire Project
(i) Parking Pricing. Parking pricing may be
established at the discretion of the Developer but shall be noncompetitive with the price for
comparable transit fares. All parking spaces shall be priced at an hourly or daily rate as follows:
A. On-site employees or residents (Reserved
Parking): A minimum daily rate of $8 shall
be charged, with the minimum hourly rate
not more than 1/8th of the daily rate.
B. Shared Parking (i.e. customers, visitors, and
employees who choose not to obtain a
reserved parking space): A minimum daily
and hourly rate of at least 150% more than
the rate charged to on-site employees and
residents for reserved parking.
If parking spaces are leased on a monthly basis, the monthly rate shall not less than twenty (20)
times the minimum daily rate. The rate charged to local employees may vary significantly from
those of park-and-ride transit users in order to discourage AM and PM peak period commute
park and ride transit use. A variable parking rate for off-peak hours may also be introduced. The
City shall ensure compliance with this provision as part of the annual compliance report required
in Article 10 of this Agreement.
(ii) 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.
(iii) Project Transportation Coordinator. Developer
shall designate a Project Transportation Coordinator (the “PTC”) to manage all aspects of the
TDM Plan and participate in City-sponsored workshops and information roundtables. The PTC
shall assist the commercial and residential tenants which shall include new employee orientation
and distribution/explanation of the transportation welcome packages for residents. The PTC
shall be responsible for making available information materials on options for alternative
transportation modes and opportunities particularly programs that involve commuter subsidies
such as parking cash out and vanpool subsidies. In addition, transit fare media and day/month
passes will be made available through the PTC to employees, visitors, and residents during
typical business hours. In the event that the PTC is changed, Developers shall provide written
notification to the City of the contact information for the new PTC for the Project within 15 days
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of such change. Transportation Coordinator services may be provided through the TMA
contemplated in Section 2.7.8(f) below.
2) Measures Applicable to Project’s Commercial Component
Only:
(i) Unbundled Parking. Developer shall not require
tenants occupying commercial space in the Project to lease parking. The cost of any parking
leased by such tenants shall be a separate line item in the lease and priced in accordance with
Section 2.7.8(e)(1)(i). 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.
Developer shall require in all tenant leases it executes as landlord that each tenant charge its
employees for parking and that all subleases contain this same provision. Tenants have the right
of first refusal to parking spaces built for their unit.
Remaining commercial unbundled parking spaces that area not leased or sold to on-site users
may be leased to other on-site users or to off-site residential or commercial users on a month-to-
month basis. New leaseholders shall have the opportunity to lease or purchase parking spaces
built for their unit or use upon occupancy of the commercial or residential use.
(ii) AVR Target. For employees of the commercial
tenants, Developer shall achieve an average vehicle ridership (“AVR”) of 2.2 within two years
of Certificate of Occupancy. The 2.2 AVR shall continue to be achieved and maintained
thereafter.
(iii) Remedy for Exceeding AVR Target. If the AVR
Target has not been achieved then the Developer shall pay the City the Compliance Penalty
required by Section 2.7.8(h) of this Agreement and submit modifications to the TDM Plan that
are designed to achieve the AVR Target by the date of the next annual report to the City.
Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of
the submission of the annual report, with such approval not be unreasonably withheld,
conditioned or delayed. In addition, during this 60-day period, the City may recommend
modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by
Developer and approved by the City (or proposed by the City and agreed to by the Developer) to
help the Project achieve the AVR Target shall be implemented within 30 days upon approval of
the TDM Plan modifications.
(iv) Failure to Achieve AVR Not a Default. Failure to
achieve the AVR performance standard as provided in this Agreement will not constitute a
Default within the meaning of the Agreement so long as Developer is working cooperatively
with the City and taking all feasible steps to achieve compliance as required by this Agreement.
The term “feasible” shall mean capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, and technological
factors.
(v) AVR Calculation. The procedure for calculating
AVR at a worksite shall be the more restrictive of either the following or as required by Chapter
9.53 of the Santa Monica Municipal Code or successor thereto:
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A. The AVR calculation shall be based on data
obtained from an employee survey as defined in SMMC Section 9.53.060(B)(2)(b)(viii), or any
successor thereto.
B. 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. If an employee uses more than one commute
mode per trip, the mode that is used for the majority of the trip shall be the mode that is used in
calculating the number of vehicles. 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, or on their day off under a recognized compressed work week schedule shall be counted
as arriving at or leaving the worksite without vehicles. Motorcycles shall be counted as vehicles.
AVR survey reporting errors resulting from missing or incorrect information must be calculated
as one employee per vehicle arriving at the worksite. Reporting errors that do not include the
time when an employee arrives at or leaves the worksite must be assumed to occur in the peak
period.
C. A child or student may be calculated for 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.
D. 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.
E. Any employee dropped off at a worksite
shall count as arriving in a carpool only if the driver of the carpool is continuing on to the
driver’s worksite.
F. 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 distance by at least fifty-one percent shall be calculated as if the employee arrived at the
worksite in no vehicle.
G. Zero emission vehicles (electric vehicles)
shall be counted as a vehicle when arriving at the worksite.
H. Employers must keep detailed records of the
documents which verify the average vehicle ridership calculation for a period of three years from
plan approval date. Records which verify strategies in the ETRP have been marketed and
implemented shall be kept for a period of at least three years from plan approval date. Approved
ETRPs must be kept at the worksite for a period of at least five years from plan approval date.
For employers who implement their plans using a centralized rideshare service center, records
and documents may be kept at a centralized location.
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(vi) Parking Cash Out. Developer shall require all
commercial tenants to meet the requirements of California Health and Safety Code Section
43845 (Parking Cash Out Program) by offering a parking cash-out if an employee eligible under
such Section chooses not to accept a subsidized parking space; however, in no case shall such
parking cash-out be less than the monthly cost of the subsidy to employees of a parking pass.
Eligible employees may choose to have a portion of their parking cash-out applied towards the
purchase of a monthly transit pass at their discretion and receive the remainder in cash. Where
employees are also residents of the Project, only the higher of the parking cash-out/transportation
allowance identified in this Section 2.7.8(e)(2)(vi) and Section 2.7.8(e)(2)(vii), as applicable, or
the Transportation Allowance identified in Section 2.7.8(e)(3)(iii) shall be offered to the
resident/employee.
Developer shall write the requirements of the Parking Cash Out into any leases executed with
commercial tenants of the Project. Commercial tenants of the project which would otherwise not
be subject to California Health and Safety Code Section 43485 shall have ultimate responsibility
for adherence to the Parking Cash Out requirements. Failure of such tenant to comply with the
Parking Cash Out requirement shall not constitute a Default by Developer under this Agreement
so long as such tenant’s lease requires such compliance and Developer is actively pursuing all
necessary enforcement actions to bring such tenant into compliance with this lease provision.
(vii) Transportation Allowance. Developer must provide
a transportation allowance equal to at least 100 percent of the current cost of a monthly regional
transit pass of employee’s choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP
Pass or equivalent). An employee accepting the Transportation Allowance shall be required to
execute a contract agreeing that said employee will not utilize a single occupancy vehicle for the
majority (at least 51%) of their daily commute distance more than five business days per month.
The contract shall also specify the employee’s alternative commute mode (e.g., transit, bike,
walk). The employee must demonstrate compliance as reasonably required by the Developer.
Where employees are also residents of the Project, only the higher of the parking cash-
out/transportation allowance identified in Section 2.7.8(e)(2)(vi) and this Section 2.7.8(e)(2)(vii),
as applicable, or the Transportation Allowance identified in Section 2.7.8(e)(3)(iii) shall be
offered to the resident/employee.
Developer shall write the requirements of the Transportation Allowance into any leases executed
with commercial tenants of the Project. Failure of such tenant to comply with the Transportation
Allowance requirements shall not constitute a Default by Developer under this Agreement so
long as such tenant’s lease requires such compliance and Developer is actively pursuing all
necessary enforcement actions to bring such tenant into compliance with this lease provision. If
tenant fails to adhere to the requirements of the Transportation Allowance, Developer shall be
required to do so.
(viii) 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.
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(ix) 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 or bicycle to work (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 or unplanned overtime 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 this
Agreement.
(x) On-site Shared Bikes. Developer shall provide free
on-site shared bicycles intended for employee use during the work day (e.g. Bike@Work
Program). This shall be optional if citywide bikeshare is available within a 2-block radius of the
project site.
(xi) Free Bike Valet. Developer shall provide bike
valet, free of charge, during all automobile valet operating hours. This requirement shall only
apply if automobile valet is provided by a commercial tenant.
(xii) Employee Incentives Living Close to Project.
Developer shall provide incentives for employees that live within one-half mile of the Project.
Details of the incentives shall be specified in the TDM Plan.
(xiii) Commuter Matching Services. Developer shall
provide commuter matching services for all employees on an annual basis and for all new
employees upon hiring.
(xiv) Customer and Visitor Incentives. Developer shall
provide customer and visitor incentives for uses with significant numbers of customers and
visitors such as retail, food service, hospitality, and medical office. Such incentives shall include
the following
A. Customer incentive program
B. Public directions prioritizing rideshare
modes
C. Special event rideshare services
D. Shared ride service
3) Measures Applicable to Project’s Residential Component
Only:
(i) Unbundled Parking. Developer shall not require
residents of the rental housing units to lease parking spaces. Any parking leased by such tenants
shall be a separate line item on the lease and priced in accordance with Section 2.7.8(e)(1)(i).
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.
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Residential units of 3 or more bedrooms shall have one parking space bundled with the lease for
the Life of the Project. For affordable units, the tenant may choose to either receive one parking
space, which shall be included in the unit’s affordable rent level, or receive a rent discount
equivalent to half the amount charge for monthly lease of a parking space, in exchange for not
receiving a parking space. Tenants of affordable units shall not be permitted to sublease their
parking spaces.
Tenants have the right of first refusal to parking spaces built for their unit or use. Remaining
residential unbundled parking spaces that are not leased or sold to on-site users built for their unit
or use may be leased to other on-site users or to off-site residential users on a month-to-month
basis.
(ii) Transportation Welcome Package for Residents.
The Developer shall provide new residents of the rental housing units of the Project with a
Transportation Welcome Package (TWP). One TWP shall be provided to each unit upon the
commencement of a new tenancy. The TWP will inform residents about the physical and
programmatic elements of the TDM Plan and explain how to access the features of the Plan.
(iii) Resident Transportation Allowance. Developer
shall offer a monthly transportation allowance equal to at least 100 percent of the current cost of
a monthly regional transit pass of the resident’s choice (e.g., Big Blue Bus 30-Day Pass, Metro
EZ Pass, Metro TAP Pass or equivalent). The Resident Transportation Allowance shall be
offered to all residents listed on a lease and their immediate family living at the same address.
Immediate family includes partner, spouse, children, parents, grandparents, siblings, father in
law, mother in law, son in law, daughter in law, aunt, uncle, niece, nephew, sister in law, and
brother in law. A resident accepting the Transportation Allowance shall elect not to lease
parking spaces at the Project and be required to execute a contract agreeing that said resident
does not own or long term lease an automobile and will not own or long term lease an
automobile for so long as they are in receipt of the Transportation Allowance. The contract shall
also specify the resident’s non-single occupancy vehicle commute mode (e.g. transit, bike, walk).
Children who reside full time at the Building shall be eligible for the Transportation Allowance
if the parent that is primarily responsible for transporting the child is also eligible for the
Transportation Allowance. The child’s parent or guardian shall sign an affidavit stating that the
child permanently resides at the building on a full time basis, and the child is primarily
transported by a parent or guardian on the lease that is eligible for the Transportation Allowance.
(iv) On-Site Shared Bikes. Developer shall provide free
on-site shared bicycles intended for resident and guest use. This shall be optional if citywide
bikeshare is available within a 2-block radius of the project site.
(f) Transportation Management Association. Developer shall be
required to actively participate in the establishment of a Transportation Management Association
("TMA") that may be defined by the City, including payment of annual dues at a level so that
trip reduction services are provided as set forth by the TMA, attendance at organizational
meetings, providing travel and parking demand data to the TMA, and making available
information to project tenants relative to the services provided by 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. At the
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discretion of Developer, to be approved by the Planning Director through a Minor Modification,
some or all of the services required by this Section 2.7.8 may be provided through the TMA.
(g) Changes to TDM Plan. Subject to approval by the 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. If the annual monitoring report shows that the AVR has not been achieved for
the Project then Developer shall submit modifications to the TDM Plan that are likely to achieve
the AVR by the date of the next annual report. Such modifications to the TDM Plan shall be
submitted to the Planning Director for approval within 60 days of submission of the annual
report, with such approval not be unreasonably withheld, conditioned, or delayed. In addition,
during this 60-day period, the Planning Director may recommend modifications to the TDM
Plan. Any of the modifications to the TDM Plan proposed by Developer and approved by the
Planning Director (or proposed by the Planning Department and agreed to by the Developer) to
help the Project achieve the AVR shall be implemented within 30 days upon approval of the
TDM Plan modifications.
(h) Compliance Penalty if AVR Target is Not Achieved. If the Project
does not achieve the AVR Target, Developer shall pay the City a penalty (“Compliance
Penalty”) to off-set the AVR Target deficiency in order to achieve the AVR Target/work day.
The penalty shall be paid at the time that the TDM Annual Status Report is submitted to the City
and shall be based on the following calculation:
Step 1:
Step 2:
Step 3:
Step 4:
Compliance Penalty = Compliance Penalty Base x Daily Vehicle Reduction Needed to
Achieve AVR Target x work days per year (based on 22 work days per month)
The Compliance Penalty Base shall be five dollars ($5.00) plus the average daily parking rate
($5.00 + average daily parking rate). The average daily parking rate shall be calculated by
dividing the total parking revenue collected from on-site users during the employee survey
period by the total number of vehicles entering and exiting the garage. The Compliance Penalty
shall be imposed each year that the project does not achieve the AVR Target.
2.7.9 Transportation Management Association Contribution: Prior to issuance
of a building permit for the Project, Developer shall make a contribution of fifty thousand dollars
($50,000) to the City for Transportation Management Association programs. The City shall
deposit such monies into a separate restricted account to be used exclusively for TMA programs.
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2.7.10 Big Blue Bus Contribution: Prior to issuance of a building permit for the
Project, Developer shall pay eighty thousand dollars ($80,000.00) to the City for Big Blue Bus
transit improvements in the Downtown.
2.7.11 Enhanced Transportation Impact Fee: Prior to issuance of a building
permit for the Project, Developer shall pay the City a Transportation Impact Fee of seven
hundred and fifty thousand dollars ($750,000). The City shall deposit such monies into a
separate restricted account to be used exclusively for transportation programs.
2.7.12 Enhanced Parks and Recreation Fee: Prior to issuance of a building
permit for the Project, Developer shall pay the City a Parks and Recreation Fee of seven hundred
and forty-five thousand dollars ($745,000) for public park improvements and programs. The
City shall deposit such monies into a separate restricted account to be used exclusively for parks
and recreation programs.
2.7.13 Enhanced Affordable Housing Commercial Linkage Fee. Prior to
issuance of a building permit for the Project, Developer shall pay the City an Affordable Housing
Commercial Linkage Fee of one hundred and seventy-five thousand dollars ($175,000) for
affordable housing.
2.7.14 Early Childhood Initiatives Contribution. Prior to issuance of a building
permit for the Project, Developer shall make a childcare contribution to the City in the amount of
one hundred and fifty thousand dollars ($150,000.00). This contribution will support early
childhood initiatives including but not limited to infant, toddler and pre-school tuition subsidies;
family support and parent engagement strategies; home visitations programs; facility and
playground improvements; and kindergarten readiness models. The City shall deposit such
monies into a separate restricted account to be used exclusively for the early childhood initiatives
as described above through guidelines to be established by the City.
2.7.15 Historic Preservation: Prior to issuance of a building permit for the
Project, Developer shall pay to the City the sum of fifty thousand dollars ($50,000.00) to be used
for historic preservation. The City shall deposit such monies into a separate restricted account to
be used exclusively for historic preservation programs in the City. These monies shall be applied
for and distributed in accordance with a process established by the City, whereby those entities
that are exclusively devoted to historic preservation may make an application to receive
distribution of some or all of the funds.
2.7.16 Water Conservation Program Contribution. Prior to issuance of a building
permit for the Project, Developer shall pay to the City the sum of three hundred thousand dollar
($300,000) to be used for water conservation programs. The City shall deposit such monies into
a separate restricted account to be used exclusively for water conservation programs.
2.7.17 Electric Vehicle Parking: Developer shall in the parking garage provide
panel capacity and conduit stubs for installation of electrical outlets designed to allow the
simultaneous charging of a minimum number of 208/240 V 40 amp, grounded AC outlets of at
least ten percent (10%) of the total parking spaces as shown on the Project Plans. If the Planning
Director makes a determination, based on demonstrated demand by drivers at the Project, that
some or all of the parking spaces should be equipped with electric vehicle charging stations, then
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Developer shall install such electric vehicle charging stations. Such electric vehicle charging
service shall be made available to the public and Project tenants at no charge and the cost of
leasing a parking space equipped with electric vehicle charging stations in the Project shall be
the same as the cost of leasing a regular non-tandem single-car parking space in the Project. All
parking spaces with electric charging stations may be utilized without regard to vehicle type at
Developer’s sole and absolute discretion. Notwithstanding the foregoing, to the extent
permissible by law, Developer shall, within sixty days of Developer’s receipt of a request from a
tenant and to the extent such spaces are not already leased to tenants who own or long-term (2
years or more) lease electric vehicles, make those parking spaces equipped with electric charging
stations available to tenants who then own or long-term (2 years or more) lease an electric
vehicle on a first-come first-served basis. Developer shall require any tenant leasing parking
spaces equipped with electric vehicle infrastructure (be it panel capacity and conduit stubs for
installation of electrical outlets or electrical vehicle charging stations) to enter into a contract
acknowledging and agreeing that:
(a) Tenants of the Project who own or long-term lease an electric
vehicle have a superior right to lease such EV spaces on a first-come first-served basis; and
(b) If such tenant, as the current lessee of the EV space, does not then
own or long-term lease an electric vehicle, that tenant’s lease of the EV space may be terminated
upon 30-days’ notice and its parking rights relocated to another available automobile parking
space in the Project of Developer’s choosing (irrespective of whether the location of such
replacement parking space is less convenient than the EV space).
2.7.18 Local Hiring Program. Developer shall implement and monitor the Local
Hiring Program as set forth in Exhibits “F-1” and “F-2”. At least sixty (60) days before
recruitment is opened up to general circulation for initial, Developer or the operator of the
commercial space shall prepare and submit to the City’s Planning Director for review and
approval a written local hiring program consistent with the obligations under this Agreement.
The approved local hiring plan may be amended from time to time thereafter, subject to the
Planning Director’s review and approval.
2.7.19 Community Room. Developer shall make the community room, as shown
on the Project Plans, available to the public not less than twenty-four (24) times per year for the
Life of the Project. Prior to issuance of Certificate of Occupancy, written rental facility
guidelines as to public availability of the community room shall be prepared by the Developer
and submitted to the Planning Director for review and approval. Such rental facility guidelines
regarding public availability may be amended from time to time thereafter, subject to the
Planning Director’s review and approval as a Minor Modification. The rental rates for the
community room shall not exceed the rental rates charged for communit y meeting rooms located
in City-owned parks for “Small Rooms” as established by City Council resolution. An on-site
public restroom shall be made available at all times that the Community Room is being rented.
This Section 2.7.19 shall survive the Term of this Agreement and shall remain binding on
Developer, its successors and assigns, and shall continue in effect for the Life of the Project.
Notice of these terms and conditions shall be recorded separately from and concurrently with this
Agreement.
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2.7.20 Shared Parking Availability. Except as restricted by Section 2.7.21 of this
Agreement, at all times during the operation of the Project, Developer shall cause at least thirty-
three (33) of the parking spaces (“Shared Spaces”) provided in the Project to be shared among
commercial visitors, all guests for residential units, and any commercial tenants and their
employees. The Shared Spaces shall be shared on a first-come, first-served basis. The Shared
Spaces shall be offered at market rates in accordance with Section 2.7.8(e)(1)(i) of this
Agreement and may be offered to third parties in the surrounding area in need of parking. In
order to facilitate annual compliance monitoring of shared parking, Developer shall install
ticketing equipment for on-site parking that is able to discern between on-site and off-site users.
This Section 2.7.20 shall survive the Term of this Agreement and shall remain binding on
Developer, its successors and assigns, and shall continue in effect for the Life of the Project.
Notice of these terms and conditions shall be recorded separately from and concurrently with this
Agreement.
2.7.21 Public Parking Reserved For City Use. Developer shall dedicate twenty
(20) reserved parking spaces in the Project for the City's exclusive use (“City Public Parking
Spaces”) with this exclusive use commencing and terminating at the City’s option. The use of
the City Public Parking Spaces shall be memorialized by written agreement between the
Developer and City in a form determined by the Developer and reasonably acceptable to the
Planning Director. Such agreement shall provide that the City Public Parking Spaces are
required to be made available for the City’s exclusive use as determined by the City subject to
the following parameters:
(a) Parking rates established by City Council resolution
(b) Availability of the City Public Parking 5 days/week between 6am –
7pm
(c) City Public Parking spaces are made available with 90 days written
notice from the City and may be utilized in accordance with
Section 2.7.20 of this Agreement or leased to other users prior to
such notice.
(d) Leasing of the City Public Parking spaces to any other users can
only be on a month-to-month basis
(e) Leases for the City Public Parking spaces to any other user shall be
terminated prior to the date that the spaces are made available for
the City’s use.
This Section 2.7.21 shall survive the Term of this Agreement and shall remain binding on
Developer, its successors and assigns, and shall continue in effect for the Life of the Project.
Notice of these terms and conditions shall be recorded separately from and concurrently with this
Agreement.
2.7.22 Public Open Space. Developer shall construct the 5,000 square feet of
enhanced plaza areas and outdoor paseo that are identified in Exhibit “K” of this Agreement
(“Public Open Space”). Developer shall make the Public Open Space accessible to the public
from 6:00 a.m. through 11:00 p.m. each day. Except as approved by the Planning Director,
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which approval will not unreasonably withheld or delayed, no physical or visual barrier shall be
used to limit access to Public Open Space during the time periods designated for public access.
The public use of the Public Open Space shall be: (i) consistent with the terms and conditions of
this Agreement; (ii) solely for pedestrian access to and passive use of the Public Open Space by
the public including walking, strolling, reading, and other similar activity (with no obligation to
buy any goods or services during such hours); and (iii) compatible with Developer’s
development, use and enjoyment of the Project. No use other than pedestrian access to and
passive use of the Public Open Space by the public shall be permitted on the Public Open Space.
Developer shall have the right to impose and enforce reasonable rules and regulations regarding
the use of the Public Open Space by the public (“Public Use Rules”); provided that the Planning
Director may approved the Public Use Rules, which approval shall not be unreasonably
withheld, conditioned or delayed. Developer may exclude individuals from the Public Open
Space who do not comply with such rules and regulations. This Section 2.7.22 shall survive the
Term of this Agreement and shall remain binding on Developer, its successors and assigns, and
shall continue in effect for the Life of the Project. Notice of these terms and conditions shall be
recorded separately from and concurrently with this Agreement.
(a) Prohibited Activities on the Public Open Space. The Public Use
Rules may prohibit certain uses incompatible with the Project, including without limitation any
of the following: (i) cooking, dispensing or preparing food; (ii) selling any item or engaging in
the solicitation of money, signatures, or other goods or services; (iii) sleeping or staying
overnight; (iv) using sound amplifying equipment; or (v) engaging in any illegal, dangerous or
other activity that Developer reasonably deems to be inconsistent with other uses in the Project
or with the use of the Public Open Space by other members of the public for the permitted
purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding, skating or
similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or
other wheeled conveyances (except for wheelchairs and baby strollers/carriages), and Developer
shall retain the right to cause persons engaging in such conduct to be removed from the Project.
Should any such persons refuse to leave the Project, they shall be deemed to be trespassing and
be subject to arrest in accordance with applicable law. Developer shall be entitled to establish
and post rules and regulations for use of the Public Open Space consistent with the foregoing,
which shall be subject to approval by the Planning Director, and which approval will not be
unreasonably withheld or delayed. Nothing in this Agreement or in the Project Plans shall be
deemed to mean that the Public Open Space are public parks or are subject to legal requirements
applicable to a public park or other public space. The Public Open Space shall remain the
private property of Developer with members of the public having only a license to occupy and
use the Public Open Space in a manner consistent with this Section 2.7.22.
2.7.23 Local Preference Marketing Plan. Prior to issuance of a Certificate of
Occupancy, the Developer shall prepare and implement a marketing and outreach program for
the rental of units for the Project, except for the Affordable Units, which program shall be
subject to the prior written approval of the Planning Director, which approval shall not be
unreasonably withheld, conditioned or delayed. This marketing and outreach program shall
target (i) employees of the City’s police and fire departments, (ii) employees of local hospitals
and healthcare providers, (iii) employees of the Santa Monica Malibu Unified School District,
(iv) artists, (v) employees of businesses located within an one- half mile radius of the Property,
and (vi) employees of businesses outside the one-half mile radius but within the City of Santa
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Monica. For purposes of this Section 2.7, employees shall also include households with persons
who are job training in Santa Monica or persons who were previously in the Santa Monica
workforce but are now receiving unemployment, worker’s compensation, vocational
rehabilitation benefits, disability benefits or retirement benefits. In leasing units, the Developer
shall give priority to applicants in the foregoing categories, provided that all such applicants
meet generally applicable leasing qualifications and criteria imposed by such Developer.
Nothing in this Agreement shall require that any units in the Project be occupied by such
persons.
2.8 Parking. The number of parking spaces provided in the Project shall be 232,
including up to 40 percent compact parking spaces, unless modified in accordance with Section
2.4.2 and/or 2.4.3 of this Agreement. This Agreement and the Project Plans set forth the
exclusive off-street parking requirements for the Project and supersede all other minimum space
parking requirements under the Existing Regulations, including without limitation Part
9.04.10.08 of the Zoning Ordinance.
2.9 Design.
(a) Setbacks. Developer shall maintain the setbacks for the Project as set
shown on the Project Plans. In the event that any inconsistencies exist between the Zoning
Ordinance and the setbacks established by this Agreement, then the setbacks required by this
Agreement shall prevail.
(b) Building Height. The maximum height of the building shall be 60-feet as
set forth on the Project Plans. In the event that any inconsistencies exist between the Zoning
Ordinance and the building height allowed by this Agreement, then the building height allowed
by this Agreement shall prevail.
(c) Stepbacks. Developer shall maintain the stepbacks for the Project as set
forth on the Project Plans. In the event that any inconsistencies exist between the Zoning
Ordinance and the stepbacks required by this Agreement, then the stepbacks established by this
Agreement shall prevail.
(d) Permitted Projections. Projections shall be permitted as reflected on the
Project Plans. In the event that any inconsistencies exist between the Zoning Ordinance and the
projections permitted by this Agreement, then the projections permitted by this Agreement shall
prevail.
(e) Signage. The location, size, materials, and color of any signage shall be
reviewed by the ARB (or the Planning Commission on appeal) in accordance with the
procedures set forth in Section 6.1 of this Agreement. All signs on the Property shall be subject
to Chapter 9.61 of the SMMC (Santa Monica Sign Code) in effect as of the Effective Date, a
copy of which is contained within Exhibit “E”. Directional signs for vehicles shall be located
at approaches to driveways as required by the City's Strategic Transportation Planning Division.
(f) Balconies. Balconies shall be provided in accordance with the Project
Plans.
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2.10 Contract with City. Developer hereby acknowledges that in approving this
Development Agreement for the Project, the City is waiving fees and taxes, and the City is
modifying development standards otherwise applicable to the Project such as increasing Floor
Area Ratio and Building Height, reducing parking standards, and other property development
standards. In exchange for such forms of assistance from the City, which constitute direct
financial contribution to the Developer, Developer has entered into this contract with the City
and agreed to the other conditions of the Development Agreement, including the requirement to
provide and maintain twenty (20) 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 Developer within the meaning of Civil Code Section 1954.52(b) and Chapter
4.3 of the State Planning and Zoning Laws, Government Code Section 65915 et seq.
ARTICLE 3
CONSTRUCTION
3.1 Construction Mitigation Plan. During the construction phase of the Project,
Developer shall comply with the Construction Mitigation Plan attached as Exhibit “G” hereto.
3.2 Construction Hours. Developer shall be permitted to perform construction
between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m.
Saturday; provided that interior construction work which does not generate noise of more than
thirty (30) decibels beyond the Property line may also be performed between the hours of 7:00
a.m. to 8:00 a.m. and 6:00 p.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 9:00 a.m.
and 5:00 p.m. to 6:00 p.m. Saturday. Notwithstanding the foregoing, pursuant to SMMC Section
4.12.110(e), Developer has the right to seek a permit from the City authorizing construction
activity during the times otherwise prohibited by this Section. The Parties acknowledge and
agree that, among other things, afterhours construction permits can be granted for concrete pours.
3.3 Outside Building Permit Issuance Date. If Developer has not been issued a
building permit for the Project by the “Outside Building Permit Issuance Date” (defined below),
then on the day after the Outside Building Permit Issuance Date, without any further action by
either Party, this Agreement shall automatically terminate and be of no further force or effect.
For purposes of clarity, if Developer has not been issued a building permit for the Project by the
Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies
under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically
terminate. “Outside Building Permit Issuance Date” means the date that is the last day of the
thirty-sixth (36th) full calendar month after the Effective Date; provided that the Outside Building
Permit Issuance Date may be extended by applicable Excusable Delays and otherwise in
accordance with the remainder of this paragraph. If the approval by the ARB of the Project
design does not occur within six (6) months of the submittal by Developer to the ARB of the
Project design, then the Outside Building Permit Issuance Date shall be extended one month for
each additional month greater than four that the final ARB approval is delayed. At any time
after the last day of the twenty-fourth (24th) full calendar month after the Effective Date (the
"Extension Notice Date"), Developer may deliver written notice to the Planning Director,
requesting an extension of the Outside Building Permit Issuance Date for an additional twelve
(12) months. The Outside Building Permit Issuance Date may be administratively extended not
more than one (1) time for an additional twelve (12) month extension. The Planning Director
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may grant such extension if Developer can demonstrate substantial progress has been made
towards obtaining a building permit and show reasonable cause why Developer will not be able
to obtain the building permit for the Project by the initial Outside Building Permit Issuance Date
and can demonstrate that: (a) the condition of the Property will not adversely affect public health
or safety and (b) the continued delay will not create any unreasonable visual or physical
detriment to the neighborhood.
3.4 Construction Period. Construction of the Project shall be subject to the provisions
of SMMC Section 8.08.070.
3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or
destroyed during the term of this Agreement, Developer shall be entitled to reconstruct the
Project in accordance with this Agreement if: (a) Developer obtains a building permit for this
reconstruction prior to the expiration of this Agreement and (b) the Project is found to be
consistent with the City’s General Plan in effect at the time of obtaining the building permit.
ARTICLE 4
PROJECT FEES, EXACTIONS,
AND CONDITIONS
4.1 Fees, Exactions, and Conditions. Except as expressly set forth in Section 2.7
(relating to Community Benefits), Section 4.2 (relating to modifications), and Section 5.2
(relating to Subsequent Code Changes) below, the City shall charge and impose only those fees,
exactions, , conditions, and standards of construction set forth in this Agreement, including
Exhibits “C”, “D” and “I” attached hereto, and no others. If any of the conditions set forth on
Exhibit “D” are satisfied by others, Developer shall be deemed to have satisfied such conditions.
4.2 Conditions on Modifications. The City may impose fees, exactions, and
conditions in connection with its approval of Minor or Major Modifications, provided that all
fees, exactions, and conditions shall be in accordance with any applicable law.
4.3 Implementation of Conditions of Approval.
4.3.1 Compliance with Conditions of Approval. Developer shall be responsible
to adhere to the conditions of approval set forth in Exhibit “D” in accordance with the timelines
established in Exhibit “D”.
4.3.2 Survival of Conditions of Approval. If Developer proceeds with the
construction of the Project, the obligations and requirements imposed by the conditions of
approval set forth in the attached Exhibits “D,” “F-1,” and “F-2,” shall survive the expiration
of the Term of this Agreement and shall remain binding on Developer, its successors and
assigns, and shall continue in effect for the Life of the Project. Notice of the conditions of
approval shall be recorded by the City separately and concurrently with this Agreement.
4.3.3 On-Site Affordable Fee Waivers and Reductions. Notwithstanding the
foregoing, the Residential Building shall be entitled to all fee waivers and fee reductions
available for projects involving on-site affordable housing under the SMMC then in effect.
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ARTICLE 5
EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS
5.1 Development Standards for the Property; Existing Regulations. The following
development standards and restrictions set forth in this Section 5.1 govern the use and
development of the Project and shall constitute the Existing Regulations, except as otherwise
expressly required by this Agreement.
5.1.1 Defined Terms. The following terms shall have the meanings set forth
below:
(a) “Existing Regulations” collectively means all of the following which
are in force and effect as of the Effective Date: (i) the General Plan (including, without
limitation, the LUCE); (ii) the Zoning Ordinance except as modified herein; (iii) the IZO; (iv)
any and all ordinances, rules, regulations, standards, specifications and official policies of the
City governing, regulating or affecting the demolition, grading, design, development, building,
construction, occupancy or use of building and improvements or any exactions therefore, except
as amended by this Agreement; and (v) the development standards and procedures in Article 2 of
this Agreement.
(b) “Subsequent Code Changes” collectively means all of the following
which are adopted or approved subsequent to the Effective Date, whether such adoption or
approval is by the City Council, any department, division, office, board, commission or other
agency of the City, by the people of the City through charter amendment, referendum, initiative
or other ballot measure, or by any other method or procedure: (i) any amendments, revisions,
additions or deletions to the Existing Regulations; or (ii) new codes, ordinances, rules,
regulations, standards, specifications and official policies of the City governing or affecting the
grading, design, development, construction, occupancy or use of building or improvements or
any exactions therefor. “Subsequent Code Changes” includes, without limitation, any
amendments, revisions or additions to the Existing Regulations imposing or requiring the
payment of any fee, special assessment or tax.
5.1.2 Existing Regulations Govern the Project. Except as provided in Section
5.2, development of the Building and improvements that will comprise the Project, including
without limitation, the development standards for the demolition, grading, design, development,
construction, occupancy or use of such Building and improvements, and any exactions therefor,
shall be governed by the Existing Regulations. The City agrees that this Agreement is consistent
with the General Plan, including the LUCE, as more fully described in the Recitals. Any
provisions of the Existing Regulations inconsistent with the provisions of this Agreement, to the
extent of such inconsistencies and not further, are hereby deemed modified to that extent
necessary to effectuate the provisions of this Agreement. The Project shall be exempt from: (a)
all Discretionary Approvals or review by the City or any agency or body thereof, other than the
matters of architectural review by the ARB as specified in Section 6.1 and review of
modifications to the Project as expressly set forth in Sections 2.4.2, 2.4.3, 2.5.3, and 2.5.4; (b)
the application of any subsequent local development or building moratoria, development or
building rationing systems or other restrictions on development which would adversely affect the
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rate, timing, or phasing of construction of the Project, and (c) Subsequent Code Changes which
are inconsistent with this Agreement.
5.2 Permitted Subsequent Code Changes.
5.2.1 Applicable Subsequent Code Changes. Notwithstanding the terms of
Section 5.1, this Agreement shall not prevent the City from applying to the Project the following
Subsequent Code Changes set forth below in this Section 5.2.1.
(a) Processing fees and charges imposed by the City to cover the
estimated actual costs to City of processing applications for development approvals including:
(i) all application, permit, and processing fees incurred for the processing of this Agreement, any
administrative approval of a Minor Modification, or any amendment of this Agreement in
connection with a Major Modification; (ii) all building plan check and building inspection fees
for work on the Property in effect at the time an application for a grading permit or building
permit is applied for; and (iii) the public works plan check fee and public works inspection fee
for public improvements constructed and installed by Developer and (iv) fees for monitoring
compliance with any development approvals, or any environmental impact mitigation measures;
provided that such fees and charges are uniformly imposed by the City at similar stages of
project development on all similar applications and for all similar monitoring.
(b) General or special taxes, including, but not limited to, property taxes,
sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the
Property or to businesses occupying the Property; provided that (i) the tax is of general
applicability City-wide and does not burden the Property disproportionately to other similar
developments within the City; and (ii) the tax is not a levy, assessment, fee or tax imposed for
the purpose of funding public or private improvements on other property located within the
Downtown District (as defined in the City’s General Plan as of the Effective Date).
(c) Procedural regulations relating to hearing bodies, petitions,
applications, notices, documentation of findings, records, manner in which hearings are
conducted, reports, recommendations, initiation of appeals, and any other matters of procedure;
provided such regulations are uniformly imposed by the City on all matters, do not result in any
unreasonable decision-making delays and do not affect the substantive findings by the City in
approving this Agreement or as otherwise established in this Agreement.
(d) Regulations governing construction standards and specifications which
are of general application that establish standards for the construction and installation of
structures and associated improvements, including, without limitation, the City’s Building Code,
Plumbing Code, Mechanical Code, Electrical Code and Fire Code; provided that such
construction standards and specifications are applied on a City-wide basis and do not otherwise
limit or impair the Project approvals granted in this Agreement unless adopted to meet health and
safety concerns.
(e) Any City regulations to which Developer has consented in writing,
(f) Collection of such fees or exactions as are imposed and set by
governmental entities not controlled by City but which are required to be collected by City.
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(g) Regulations which do not impair the rights and approvals granted to
Developer under this Agreement. For the purposes of this Section 5.2.1(g), regulations which
impair Developer’s rights or approvals include, but are not limited to, regulations which (i)
materially increase the cost of the Project (except as provided in Section 5.2.1(a), (b), and (d)
above), or (ii) which would materially delay development of the Project or that would cause a
material change in the uses of the Project as provided in this Agreement.
5.2.2 New Rules and Regulations. This Agreement shall not be construed to
prevent the City from applying new rules, regulations and policies in those circumstances
specified in Government Code Section 65866.
5.2.3 State or Federal Laws. In the event that state or federal laws or
regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of
the provisions of this Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such state or federal laws or regulations;
provided that this Agreement shall remain in full force and effect to the extent it is not
inconsistent with such laws or regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce.
5.3 Common Set of Existing Regulations. Prior to the Effective Date, the City and
Developer shall use reasonable efforts to identify, assemble and copy three identical sets of the
Existing Regulations, to be retained by the City and Developer, so that if it becomes necessary in
the future to refer to any of the Existing Regulations, there will be a common set of the Existing
Regulations available to all Parties.
5.4 Conflicting Enactments. Except as provided in Section 5.2 above, any
Subsequent Code Change which would conflict in any way with or be more restrictive than the
Existing Regulations shall not be applied by the City to any part of the Property. Developer
may, in its sole discretion, give the City written notice of its election to have any Subsequent
Code Change applied to such portion of the Property as it may have an interest in, in which case
such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that
portion of the Property is concerned. If there is any conflict or inconsistency between the terms
and conditions of this Agreement and the Existing Regulations, the terms and conditions of this
Agreement shall control.
5.5 Timing of Development. The California Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that
case to provide for the timing of development resulted in a later adopted initiative restricting the
timing of development to prevail over the parties’ agreement. It is the intent of Developer and
the City to cure that deficiency by expressly acknowledging and providing that any Subsequent
Code Change that purports to limit over time the rate or timing of development or to alter the
sequencing of development phases (whether adopted or imposed by the City Council or through
the initiative or referendum process) shall not apply to the Property or the Project and shall not
prevail over this Agreement. In particular, but without limiting any of the foregoing, no
numerical restriction shall be placed by the City on the amount of total square feet or the number
of buildings, structures, residential units that can be built each year on the Property except as
expressly provided in this Agreement.
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ARTICLE 6
ARCHITECTURAL REVIEW BOARD
6.1 Architectural Review Board Approval. The Project shall be subject to review and
approval or conditional approval by the ARB in accordance with design review procedures in
effect under the Existing Regulations. Consistent with Existing Regulations, the ARB cannot
require modifications to the building design which negates the fundamental development
standards established by this Agreement. For example, the ARB cannot require reduction in the
overall height of the building, reduction in the number of stories in the building, reduction in
density (i.e., number of dwelling units), or reduction in floor area greater than five percent (5%),
in the aggregate for the Project. Decisions of the ARB are appealable to the Planning
Commission in accordance with the Existing Regulations.
6.2 Expiration of ARB Approval. Notwithstanding any provisions of the Existing
Regulations, no ARB approval granted with respect to the Project shall expire prior to expiration
of the Outside Building Permit Issuance Date, including any extensions thereof.
ARTICLE 7
CITY TECHNICAL PERMITS
7.1 Definitions. For purposes of this Agreement, the following terms shall have the
meanings set forth below:
7.1.1 “Technical City Permits” means any Ministerial Approvals, consents or
permits from the City or any office, board, commission, department, division or agency of the
City, which are necessary for the actual construction of the Project or any portion thereof in
accordance with the Project Site Plan and this Agreement. Technical City Permits include,
without limitation (a) building permits, (b) related mechanical, electrical, plumbing and other
technical permits, (c) demolition, excavation and grading permits, (d) encroachment permits, and
(e) temporary and final certificates of occupancy.
7.1.2 “Technical Permit Applications” means any applications required to be
filed by Developer for any Technical City Permits.
7.2 Diligent Action by City.
7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, the City shall
accept the Technical Permit Applications filed by Developer with the City and shall diligently
proceed to process such Technical Permit Applications to completion.
7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the City shall
diligently issue the Technical City Permits which are the subject of the Technical Permit
Applications.
7.3 Conditions for Diligent Action by the City.
7.3.1 Acceptance and Processing of Technical Permit Applications. The
obligation of the City to accept and diligently process the Technical Permit Applications which
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are filed by Developer, and then issue the Technical City Permits, is subject to the satisfaction of
the following conditions:
(a) Developer shall have completed and filed all Technical Permit
Applications which are required under the administrative procedures and policies of the City
which are in effect on the date when the Technical Permit Application is filed; provided that such
procedures and policies are uniformly in force and effect throughout the City;
(b) Developer shall have paid all processing and permit fees established
by the City in connection with the filing and processing of any Technical Permit Application
which are in effect on the date when the Technical Permit Application is filed; provided that such
fees are uniformly in force and effect throughout the City; and
(c) If required for the particular Technical Permit Application, Developer
shall have obtained the approval of the ARB referred to in Section 6.1.1 above.
7.3.2 Issuance of a Technical City Permit. The obligation of the City to issue a
Technical City Permit which is the subject of a Technical Permit Application filed by Developer
is subject to the satisfaction of the following conditions (and only such conditions and no others):
(a) Developer shall have complied with all of its obligations under this
Agreement which are required to be performed prior to or concurrent with the issuance of the
Technical City Permits for the proposed Building;
(b) Developer shall have received any permits or approvals from other
governmental agencies which are required by law to be issued prior to or concurrent with the
issuance of the Technical City Permits for the proposed Building;
(c) The proposed Building conforms to the development standards for
such Buildings established in this Agreement. In the event that a proposed Building is not in
conformance with the development standards, Developer shall have the right to seek any relief
from such standards under the procedures then available in the City; and
(d) The proposed Building conforms to the Administrative and Technical
Construction Codes of the City (Article VIII, Chapter 1 of the Santa Monica Municipal Code)
(the “Technical Codes”) in effect on the date that the Technical Permit Application is filed.
7.3.3 New Technical Requirements. From time to time, the City’s Technical
Codes are amended to meet new technical requirements related to techniques of building and
construction. If the sole means of achieving compliance for the Project with such revisions to
the Technical Codes made after the Effective Date (“New Technical Requirements”) would
require an increase from the allowable Building Height established in this Agreement for the
Project, then the Planning Director is hereby authorized to grant Developer limited relief from
the allowable Building Height without amending this Agreement if the requested relief is in
compliance with the City’s General Plan. Any such approval shall be granted only after the
Planning Director’s receipt of a written request for such relief from Developer. Developer is
required to supply the Planning Director with written documentation of the fact that compliance
with the New Technical Requirements cannot be achieved by some other method. Any such
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relief shall only be granted to the extent necessary in the Planning Director’s determination for
Developer to comply with the New Technical Requirements.
7.4 Duration of Technical City Permits. The duration of Technical City Permits
issued by the City, and any extensions of the time period during which such Technical City
Permits remain valid, shall be established in accordance with the Technical Codes in effect at the
time that the Technical City Permits are issued. Subject to Section 3.4, the lapse or expiration of
a Technical City Permit shall not preclude or impair Developer from subsequently filing another
Technical Permit Application for the same matter during the Term of this Agreement, which
shall be processed by the City in accordance with the provisions of this ARTICLE 7.
Notwithstanding anything to the contrary in this Agreement, if Developer obtains building
permits for the Project and, at any time after the Outside Building Permit Issuance Date, such
building permits expire or are revoked pursuant to the applicable terms of the SMMC (as the
same may be amended from time to time), then Developer may not subsequently apply for new
building permits for the Project without first obtaining the prior written consent of the Planning
Director, which may be granted or withheld in the Planning Director’s sole discretion.
7.5 Additional Accessibility of Affordable Units. Ten percent (10%) of the
Affordable Units in the Project shall provide mobility features complying with 2013 California
Building Code Chapter 11B, Sections 11B-809.2 through 11B-809.4, or any successor thereto,
and shall be on an accessible route as required by Section 11B-206, or any successor thereto.
Four percent (4%) of the Affordable Units in the Project shall provide communication features
complying with 2013 California Building Code Chapter 11B, Section 11B-809.5, or any
successor thereto. Any fractional Affordable Unit that results from these formulas shall be
provided as a whole Affordable Unit (i.e. any resulting fraction shall be rounded up to the next
largest integer). Prior to issuance of a building permit, Developer shall inform local disability
advocacy organizations in writing of the availability of the Affordable Units, the mechanism for
applying to be placed on the City’s Affordable Housing waiting list administered by the City’s
Housing Division, and whether the City’s Affordable Housing waiting list is currently accepting
applications.
ARTICLE 8
AMENDMENT AND MODIFICATION
8.1 Amendment and Modification of Development Agreement. Subject to the notice
and hearing requirements of the applicable Development Agreement Statutes, this Agreement
may be modified or amended from time to time only with the written consent of Developer and
the City or their successors and assigns in accordance with the provisions of the SMMC and
Section 65868 of the California Government Code.
ARTICLE 9
TERM
9.1 Effective Date. This Agreement shall be dated, and the obligations of the Parties
hereunder shall be effective as of the date upon which the ordinance approving this Agreement
becomes effective (the “Effective Date”). The Parties shall execute this Agreement within ten
(10) working days of the Effective Date.
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9.2 Term.
9.2.1 Term of Agreement. The term of this Agreement shall commence on the
Effective Date and shall continue for ten (10) years thereafter (the “Term”), unless the Term is
otherwise terminated pursuant to Section 11.4, after the satisfaction of all applicable public
hearing and related procedural requirements or pursuant to Section 3.3.
9.2.2 Termination Certificate. Upon termination of this Agreement, the Parties
hereto shall execute an appropriate certificate of termination in recordable form (a “Termination
Certificate”), which shall be recorded in the official records of Los Angeles County.
9.2.3 Effect of Termination. Except as expressly provided herein (e.g., Section
4.3.2), none of the parties' respective rights and obligations under this Agreement shall survive
the Term.
ARTICLE 10
PERIODIC REVIEW OF COMPLIANCE
10.1 City Review. The City shall review compliance with this Development
Agreement once each year, on or before March 31st (each, a “Periodic Review”), in accordance
with this Article 10 in order to determine whether or not Developer is out-of-compliance with
any specific term or provision of this Agreement.
10.2 Evidence of Good Faith Compliance. On or before October 1st of each year,
Developer shall deliver to the City a written report demonstrating that Developer has been in
good faith compliance with this Agreement during the twelve (12) month period prior to the
anniversary of the Effective Date. The written report shall be provided in the form established
by the City. For purposes of this Agreement, the phrase “good faith compliance” shall mean the
following: (a) compliance by Developer with the requirements of the Existing Regulations,
except as otherwise modified by this Agreement; and (b) compliance by Developer with the
terms and conditions of this Agreement, subject to the existence of any specified Excusable
Delays (as defined in Section 15.8 below) which prevented or delayed the timely performance by
Developer of any of its obligations under this Agreement.
10.3 Information to be Provided to Developer. Prior to any public hearing concerning
the Periodic Review of this Agreement, the City shall deliver to Developer a copy of all staff
reports prepared in connection with a Periodic Review, written comments from the public and, to
the extent practical, all related exhibits concerning such Periodic Review. If the City delivers to
Developer a Notice of Breach pursuant to Section 11.1 below, the City shall concurrently deliver
to Developer a copy of all staff reports prepared in connection with such Notice of Breach, all
written comments from the public and all related exhibits concerning such Notice of Breach.
10.4 Notice of Breach; Cure Rights. If during any Periodic Review, the City
reasonably concludes on the basis of substantial evidence that Developer has not demonstrated
that it is in good faith compliance with this Agreement, then the City may issue and deliver to
Developer a written Notice of Breach pursuant to Section 11.1 below, and Developer shall have
the opportunity to cure the default identified in the Notice of Breach during the cure periods and
in the manner provided by Section 11.2 and Section 11.3, as applicable.
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10.5 Failure of Periodic Review. The City’s failure to review at least annually
compliance by Developer with the terms and conditions of this Agreement shall not constitute or
be asserted by any Party as a breach by any other Party of this Agreement.
10.6 Termination of Development Agreement. If Developer fails to timely cure any
item(s) of non-compliance set forth in a Notice of Default, then the City shall have the right but
not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant
to Section 11.4 below.
10.7 City Cost Recovery. Following completion of each Periodic Review, Developer
shall reimburse the City for its actual and reasonable costs incurred in connection with such
review after provision of an invoice by the City.
ARTICLE 11
DEFAULT
11.1 Notice and Cure.
11.1.1 Breach. If either Party fails to substantially perform any term, covenant or
condition of this Agreement which is required on its part to be performed (a “Breach”), the non-
defaulting Party shall have those rights and remedies provided in this Agreement; provided that
such non-defaulting Party has first sent a written notice of Breach (a “Notice of Breach”), in the
manner required by Section 15.1, specifying the precise nature of the alleged Breach (including
references to pertinent Sections of this Agreement and the Existing Regulations or Subsequent
Code Changes alleged to have been breached), and the manner in which the alleged Breach may
satisfactorily be cured. If the City alleges a Breach by Developer, the City shall also deliver a
copy of the Notice of Breach to any Secured Lender of Developer which has delivered a Request
for Notice to the City in accordance with Article 12.
11.1.2 Monetary Breach. In the case of a monetary Breach by Developer,
Developer shall promptly commence to cure the identified Breach and shall complete the cure of
such Breach within thirty (30) business days after receipt by Developer of the Notice of Breach;
provided that if such monetary Breach is the result of an Excusable Delay or the cure of the same
is delayed as a result of an Excusable Delay, Developer shall deliver to the City reasonable
evidence of the Excusable Delay.
11.1.3 Non-Monetary Breach. In the case of a non-monetary Breach by either
Party, the alleged defaulting Party shall promptly commence to cure the identified Breach and
shall diligently prosecute such cure to completion; provided that the defaulting Party shall
complete such cure within thirty (30) days after receipt of the Notice of Breach or provide
evidence of Excusable Delay that prevents or delays the completion of such cure. The thirty (30)
day cure period for a non-monetary Breach shall be extended as is reasonably necessary to
remedy such Breach; provided that the alleged defaulting Party commences such cure promptly
after receiving the Notice of Breach and continuously and diligently pursues such remedy at all
times until such Breach is cured.
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11.1.4 Excusable Delay. Notwithstanding anything to the contrary contained in
this Agreement, the City’s exercise of any of its rights or remedies under this Article 11 shall be
subject to the provisions regarding Excusable Delay in Section 15.8 below.
11.2 Remedies for Monetary Default. If there is a Breach by Developer in the
performance of any of its monetary obligations under this Agreement which remains uncured (a)
thirty (30) business days after receipt by Developer of a Notice of Breach from the City and (b)
after expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of
Developer has delivered a Request for Notice to the City in accordance with Section 12.1), then
an “Event of Monetary Default” shall have occurred by Developer and the City shall have
available any right or remedy provided in this Agreement, at law or in equity. All of said
remedies shall be cumulative and not exclusive of one another, and the exercise of any one or
more of said remedies shall not constitute a waiver or election in respect to any other available
remedy.
11.3 Remedies for Non-Monetary Default.
11.3.1 Remedies of Parties. If any Party receives a Notice of Breach from the
other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured:
(a) after expiration of all applicable notice and cure periods, and (b) in the case of a Breach by
Developer, after the expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured
Lender of Developer has delivered a Request for Notice to the City in accordance with Section
12.1), then an “Event of Non-Monetary Default” shall have occurred and the non-defaulting
Party shall have available any right or remedy provided in this Agreement, or provided at law or
in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and
not exclusive of one another, and the exercise of any one or more of said remedies shall not
constitute a waiver or election in respect to any other available remedy.
11.3.2 Specific Performance. The City and Developer acknowledge that
monetary damages and remedies at law generally are inadequate and that specific performance is
an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise
expressly provided herein, the remedy of specific performance shall be available to the non-
defaulting party if the other Party causes an Event of Non-Monetary Default to occur.
11.3.3 Writ of Mandate. The City and Developer hereby stipulate that Developer
shall be entitled to obtain relief in the form of a writ of mandate in accordance with Code of
Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any Event of Non-
Monetary Default by the City of its obligations and duties under this Agreement. Nothing in this
Section 11.3.3, however, is intended to alter the evidentiary standard or the standard of review
applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to
the Project.
11.3.4 No Damages Relief Against City. It is acknowledged by Developer that
the City would not have entered into this Agreement if the City were to be liable in damages
under or with respect to this Agreement or the application thereof. Consequently, and except for
the payment of attorneys’ fees and court costs, the City shall not be liable in damages to
Developer and Developer covenants on behalf of itself and its successors in interest not to sue for
or claim any damages:
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(a) for any default under this Agreement;
(b) for the regulatory taking, impairment or restriction of any right or
interest conveyed or provided hereunder or pursuant hereto; or
(c) arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement.
The City and Developer agree that the provisions of this Section 11.3.4 do not apply for damages
which:
(a) do not arise under this Agreement;
(b) are not with respect to any right or interest conveyed or provided under
this Agreement or pursuant to this Agreement; or
(c) do not arise out of or which are not connected to any dispute,
controversy, or issue regarding the application, interpretation, or effect of the provisions of this
Agreement or the application of any City rules, regulations, or official policies.
11.3.5 Enforcement by the City. The City, at its discretion, shall be entitled to
apply the remedies set forth in Chapters 1.09 and 1.10 of the SMMC as the same may be
amended from time to time and shall follow the notice procedures of Chapter 1.09 and 1.10
respectively in lieu of Section 11.1 of this Agreement if these remedies are applied.
11.3.6 No Damages Against Developer. It is acknowledged by the City that
Developer would not have entered into this Agreement if Developer were to be liable in damages
in connection with any non-monetary default hereunder. Consequently, and except for the
payment of attorneys’ fees and court costs, Developer shall not be liable in damages to the City
for any nonmonetary default and the City covenants on behalf of itself not to sue for or claim any
damages:
(a) for any non-monetary default hereunder or;
(b) arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this Agreement.
The City and Developer agree that the provisions of this Section 11.3.6 do not apply for damages
which:
(a) are for a monetary default; or
(b) do not arise out of or which are not connected with any dispute,
controversy or issue regarding the application, interpretation, or effect of the provisions of this
Agreement to or the application of, any City rules, regulations, or official policies.
(c) constitute Damages which arise under Section 14.1.
11.3.7 No Other Limitations. Except as expressly set forth in this Section 11.3,
the provisions of this Section 11.3 shall not otherwise limit any other rights, remedies, or causes
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of action that either the City or Developer may have at law or equity after the occurrence of any
Event of Non-Monetary Default.
11.4 Modification or Termination of Agreement by City.
11.4.1 Default by Developer. If Developer causes either an Event of Monetary
Default or an Event of Non-Monetary Default, then the City may commence proceedings to
modify or terminate this Agreement pursuant to this Section 11.4.
11.4.2 Procedure for Modification or Termination. The procedures for
modification or termination of this Agreement by the City for the grounds set forth in Section
11.4.1 are as follows:
(a) The City shall provide a written notice to Developer (and to any
Secured Lender of Developer which has delivered a Request for Notice to the City in accordance
of Section 12.1) of its intention to modify or terminate this Agreement unless Developer (or the
Secured Lender) cures or corrects the acts or omissions that constitute the basis of such
determinations by the City (a “Hearing Notice”). The Hearing Notice shall be delivered by the
City to Developer in accordance with Section 15.1 and shall contain the time and place of a
public hearing to be held by the City Council on the determination of the City to proceed with
modification or termination of this Agreement. The public hearing shall not be held earlier than:
(i) thirty-one (31) days after delivery of the Hearing Notice to Developer or (ii) if a Secured
Lender has delivered a Request for Notice in accordance with Section 12.1, the day following the
expiration of the “Secured Lender Cure Period” (as defined in Section 12.1).
(b) If, following the conclusion of the public hearing, the City Council: (i)
determines that an Event of Non-Monetary Default has occurred or the Developer has not been
in good faith compliance with this Agreement pursuant to Section 10.1 and (ii) further
determines that Developer (or the Secured Lender, if applicable) has not cured (within the
applicable cure periods) the acts or omissions that constitute the basis of the determination under
clause (i) above or if those acts or omissions could not be reasonably remedied prior to the
public hearing that Developer (or the Secured Lender) has not in good faith commenced to cure
or correct such acts or omissions prior to the public hearing or is not diligently and continuously
proceeding therewith to completion, then upon making such conclusions, the City Council may
modify or terminate this Agreement. The City cannot unilaterally modify the provisions of this
Agreement pursuant to this Section 11.4. Any such modification requires the written consent of
Developer. If the City Council does not terminate this Agreement, but proposes a modification
to this Agreement as a result of the public hearing and Developer does not (within five (5) days
of receipt) execute and deliver to the City the form of modification of this Agreement submitted
to Developer by the City, then the City Council may elect to terminate this Agreement at any
time after the sixth day after Developer’s receipt of such proposed modification.
11.5 Cessation of Rights and Obligations. If this Agreement is terminated by the City
pursuant to and in accordance with Section 11.4, the rights, duties and obligations of the Parties
under this Agreement shall cease as of the date of such termination, except only for those rights
and obligations that expressly survive the termination of this Agreement. In such event, any and
all benefits, including money received by the City prior to the date of termination, shall be
retained by the City.
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11.6 Completion of Improvements. Notwithstanding the provisions of Sections 11.2,
11.3, 11.4, and 11.5, if prior to termination of this Agreement, Developer has performed
substantial work and incurred substantial liabilities in good faith reliance upon a building permit
issued by the City, then Developer shall have acquired a vested right to complete construction of
the Building in accordance with the terms of the building permit and occupy or use each such
Building upon completion for the uses permitted for that Building as provided in this Agreement.
Any Building completed or occupied pursuant to this Section 11.6 shall be considered legal non-
conforming subject to all City ordinances standards and policies as they then exist governing
legal non-conforming buildings and uses unless the Building otherwise complies with the
property development standards for the district in which it is located and the use is otherwise
permitted or conditionally permitted in the district.
ARTICLE 12
MORTGAGEES
12.1 Encumbrances on the Property. This Agreement shall not prevent or limit
Developer (in its sole discretion), from encumbering the Property (in any manner) or any portion
thereof or any improvement thereon by any mortgage, deed of trust, assignment of rents or other
security device securing financing with respect to the Property (a “Mortgage”). Each mortgagee
of a mortgage or a beneficiary of a deed of trust (each, a “Secured Lender”) on the Property
shall be entitled to the rights and privileges set forth in this ARTICLE 12. Any Secured Lender
may require from the City certain interpretations of this Agreement. The City shall from time to
time, upon request made by Developer, meet with Developer and representatives of each of its
Secured Lenders to negotiate in good faith any Secured Lender’s request for interpretation of any
part of this Agreement. The City will not unreasonably withhold, condition or delay the delivery
to a Secured Lender of the City’s written response to any such requested interpretation.
12.1.1 Mortgage Not Rendered Invalid. Except as provided in Section 12.1.2,
neither entering into this Agreement nor a Breach of this Agreement, nor any Event of Monetary
Default nor any Event of Non-Monetary Default shall defeat, render invalid, diminish, or impair
the lien of any Mortgage made in good faith and for value.
12.1.2 Priority of Agreement. This Agreement shall be superior and senior to the
lien of any Mortgage. Any acquisition or acceptance of title or any right or interest in or with
respect to the Property or any portion thereof by a Secured Lender or its successor in interest
(whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or
otherwise) shall be subject to all of the terms and conditions of this Agreement.
12.1.3 Right of Secured Lender to Cure Default.
(a) A Secured Lender may give notice to the City, specifying the name
and address of such Secured Lender and attaching thereto a true and complete copy of the
Mortgage held by such Secured Lender, specifying the portion of the Property that is
encumbered by the Secured Lender’s lien (a “Request for Notice”). If the Request for Notice
has been given, at the same time the City sends to Developer any Notice of Breach or Hearing
Notice under this Agreement, then if such Notice of Breach or Hearing Notice affects the portion
of the Property encumbered by the Secured Lender’s lien, the City shall send to such Secured
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Lender a copy of each such Notice of Breach and each such Hearing Notice from the City to
Developer. The copy of the Notice of Breach or the Hearing Notice sent to the Secured Lender
pursuant to this Section 12.1.3(a) shall be addressed to such Secured Lender at its address last
furnished to the City. The period within which a Secured Lender may cure a particular Event of
Monetary Default or Event of Non-Monetary Default shall not commence until the City has sent
to the Secured Lender such copy of the applicable Notice of Breach or Hearing Notice.
(b) After a Secured Lender has received a copy of such Notice of Default
or Hearing Notice, such Secured Lender shall thereafter have a period of time (in addition to any
notice and/or cure period afforded to Developer under this Agreement) equal to: (a) ten (10)
business days in the case of any Event of Monetary Default and (b) thirty (30) days in the cas e of
any Event of Non-Monetary Default, during which period the Secured Lender may provide a
remedy or cure of the applicable Event of Monetary Default or may provide a remedy or cure of
the applicable Event of Non-Monetary Default; provided that if the cure of the Event of Non-
Monetary Default cannot reasonably be completed within thirty days, Secured Lender may,
within such 30-day period, commence to cure the same and thereafter diligently prosecute such
cure to completion (a “Secured Lender’s Cure Period”). If Developer has caused an Event of
Monetary Default or an Event of Non-Monetary Default, then each Secured Lender shall have
the right to remedy such Event of Monetary Default or an Event of Non-Monetary Default, as
applicable, or to cause the same to be remedied prior to the conclusion of the Secured Lender’s
Cure Period and otherwise as herein provided. The City shall accept performance by any
Secured Lender of any covenant, condition, or agreement on Developer’s part to be performed
hereunder with the same force and effect as though performed by Developer.
(c) The period of time given to the Secured Lender to cure any Event of
Monetary Default or an Event of Non-Monetary Default by Developer which reasonably requires
that said Secured Lender be in possession of the Property to do so, shall be deemed extended to
include the period of time reasonably required by said Secured Lender to obtain such possession
(by foreclosure, the appointment of a receiver or otherwise) promptly and with due diligence;
provided that during such period all other obligations of Developer under this Agreement,
including, without limitation, payment of all amounts due, are being duly and promptly
performed.
12.1.4 Secured Lender Not Obligated Under this Agreement.
(a) No Secured Lender shall have any obligation or duty under this
Agreement to perform the obligations of Developer’s or the affirmative covenants of
Developer’s hereunder or to guarantee such performance unless and until such time as a Secured
Lender takes possession or becomes the owner of the estate covered by its Mortgage. If the
Secured Lender takes possession or becomes the owner of any portion of the Property, then from
and after that date, the Secured Lender shall be obligated to comply with all provisions of this
Agreement; provided that the Secured Lender shall not be responsible to the City for any unpaid
monetary obligations of Developer that accrued prior to the date the Secured Lender became the
fee owner of the Property.
(b) Nothing in Section 12.1.4(a) is intended, nor should be construed or
applied, to limit or restrict in any way the City’s authority to terminate this Agreement, as against
any Secured Lender as well as against Developer if any curable Event of Monetary Default or an
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Event of Non-Monetary Default is not completely cured within the Secured Lender’s Cure
Period.
ARTICLE 13
TRANSFERS AND ASSIGNMENTS
13.1 Transfers and Assignments.
13.1.1 Not Severable from Ownership Interest in Property. This Agreement shall
not be severable from Developer’s interest in the Property and any transfer of the Property or any
portion thereof shall automatically operate to transfer the benefits and burdens of this Agreement
with respect to the transferred Property or transferred portions, as applicable.
13.1.2 Transfer Rights. Developer may freely sell, transfer, exchange,
hypothecate, encumber or otherwise dispose of its interest in the Property, without the consent of
the City. Developer shall, however, give written notice to the City, in accordance with Section
15.1, of any transfer of the Property, disclosing in such notice (a) the identity of the transferee of
the Property (the “Property Transferee”) and (b) the address of the Property Transferee as
applicable.
13.2 Release Upon Transfer. Upon the sale, transfer, exchange or hypothecation of the
rights and interests of Developer to the Property, Developer shall be released from its obligations
under this Agreement to the extent of such sale, transfer or exchange with respect to the Property
if : (a) Developer has provided written notice of such transfer to City; and (b) the Property
Transferee executes and delivers to City a written agreement in which the Property Transferee
expressly and unconditionally assumes all of the obligations of Developer under this Agreement
with respect to the Property in the form of Exhibit “I” attached hereto (the “Assumption
Agreement”). Upon such transfer of the Property and the express assumption of Developer’s
obligations under this Agreement by the transferee, the City agrees to look solely to the
transferee for compliance with the provisions of this Agreement. Any such transferee shall be
entitled to the benefits of this Agreement as “Developer” hereunder and shall be subject to the
obligations of this Agreement. Failure to deliver a written Assumption Agreement hereunder
shall not affect the transfer of the benefits and burdens as provided in Section 13.1, provided that
the transferor shall not be released from its obligations hereunder unless and until the executed
Assumption Agreement is delivered to the City.
ARTICLE 14
INDEMNITY TO CITY
14.1 Indemnity. Developer agrees to and shall defend, indemnify and hold harmless
the City, its City Council, boards and commissions, officers, agents, employees, volunteers and
other representatives (collectively referred to as “City Indemnified Parties”) from and against
any and all loss, liability, damages, cost, expense, claims, demands, suits, attorney’s fees and
judgments (collectively referred to as “Damages”), including but not limited to claims for
damage for personal injury (including death) and claims for property damage arising directly or
indirectly from the following: (1) for any act or omission of Developer or those of its officers,
board members, agents, employees, volunteers, contractors, subcontractors or other persons
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acting on its behalf (collectively referred to as the “Developer Parties”) which occurs during the
Term and relates to this Agreement; (2) for any act or omission related to the operations of
Developer Parties, including but not limited to the maintenance and operation of areas on the
Property accessible to the public. Developer’s obligation to defend, indemnify and hold harmless
applies to all actions and omissions of Developer Parties as described above caused or alleged to
have been caused in connection with the Project or Agreement, except to the extent any Damages
are caused by the active negligence or willful misconduct of any City Indemnified Parties. This
Section 14.1.1 applies to all Damages suffered or alleged to have been suffered by the City
Indemnified Parties regardless of whether or not the City prepared, supplied or approved plans or
specifications or both for the Project.
14.2 City’s Right to Defense. The City shall have the right to approve legal counsel
retained by Developer to defend any claim, action or proceeding which Developer is obligated to
defend pursuant to Section 14.1.1, which approval shall not be unreasonably withheld,
conditioned or delayed. If any conflict of interest results during the mutual representation of the
City and Developer in defense of any such action, or if the City is reasonably dissatisfied with
legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs and
expense, to have the City Attorney undertake and continue the City’s defense, or (b) with
Developer’s approval, which shall not be reasonably withheld or delayed, to select separate
outside legal counsel to undertake and continue the City’s defense.
ARTICLE 15
GENERAL PROVISIONS
15.1 Notices. Formal notices, demands and communications between the Parties shall
be deemed sufficiently given if delivered to the principal offices of the City or Developer, as
applicable, by (i) personal service, or (ii) express mail, Federal Express, or other similar
overnight mail or courier service, regularly providing proof of delivery, or (iii) registered or
certified mail, postage prepaid, return receipt requested, or (iv) facsimile (provided that any
notice delivered by facsimile is followed by a separate notice sent within twenty-four (24) hours
after the transmission by facsimile delivered in one of the other manners specified above). Such
notice shall be addressed as follows:
To City:
City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager
Fax: 310-917-6640
With a Copy to:
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attn: Planning and Community Development Director
Fax: 310-458-3380
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To Developer:
NMS Properties
1430 5th Street, Suite 101
Santa Monica, CA 90401
Attn: Scott Walter
Fax: (310) 451-3505
With a Copy to:
Dave Rand
Armbruster, Goldsmith & Delvac LLC
11611 San Vicente Blvd, Suite 900
Los Angeles, CA 90049
Notice given in any other manner shall be effective when received by the addressee. Any Party
may change the addresses for delivery of notices to such Party by delivering notice to the other
Party in accordance with this provision.
15.2 Entire Agreement; Conflicts. This Agreement represents the entire agreement of
the Parties. This Agreement integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the Parties or
their predecessors in interest with respect to all or any part of the subject matter hereof. Should
any or all of the provisions of this Agreement be found to be in conflict with any other provision
or provisions found in the Existing Regulations, then the provisions of this Agreement shall
prevail.
15.3 Binding Effect. The Parties intend that the provisions of this Agreement shall
constitute covenants which shall run with the land comprising the Property during the Term for
the benefit thereof and that the burdens and benefits thereof shall bind and inure to the benefit of
all successors-in-interest to the Parties hereto. Every Party who now or hereafter owns or
acquires any right, title, or interest in or to any portion of the Project during the Term is and shall
be conclusively deemed to have consented and agreed to every provision contained herein, to the
extent relevant to said right, title or interest, whether or not any reference to this Agreement is
contained in the instrument by which such person acquired an interest in the Project.
15.4 Agreement Not for Benefit of Third Parties. This Agreement is made and entered
into for the sole protection and benefit of Developer and the City and their respective successors
and assigns. No other person shall have any right of action based upon any provision of this
Agreement.
15.5 No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to
create a partnership or joint venture between the City and Developer or to render either Party
liable in any manner for the debts or obligations of the other.
15.6 Estoppel Certificates. Either Party may, at any time, and from time to time,
deliver written notice to the other Party requesting such Party to certify in writing (each, an
“Estoppel Certificate”): (a) that this Agreement is in full force and effect, (b) that this
Agreement has not been amended or modified either orally or in writing, or if so amended,
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identifying the amendments, (c) whether or not, to the knowledge of the responding Party, the
requesting Party is in Breach or claimed Breach in the performance of its obligations under this
Agreement, and, if so, describing the nature and amount of any such Breach or claimed Breach,
and (d) whether or not, to the knowledge of the responding Party, any event has occurred or
failed to occur which, with the passage of time or the giving of notice, or both, would constitute
an Event of Monetary Default or an Event of Non-Monetary Default and, if so, specifying each
such event. A Party receiving a request for an Estoppel Certificate shall execute and return such
Certificate within thirty (30) days following the receipt of the request therefor. If the party
receiving the request hereunder does not execute and return the certificate in such 30-day period
and if circumstances are such that the Party requesting the notice requires such notice as a matter
of reasonable business necessity, the Party requesting the notice may seek a second request
which conspicuously states “FAILURE TO EXECUTE THE REQUESTED ESTOPPEL
CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE DEEMED WAIVER PURSUANT
TO SECTIONS 15.6 AND 15.13 OF THE DEVELOPMENT AGREEMENT” and which sets
forth the business necessity for a timely response to the estoppel request. If the Party receiving
the second request fails to execute the Estoppel Certificate within such 15-day period, it shall be
conclusively deemed that the Agreement is in full force and effect and has not been amended or
modified orally or in writing, and that there are no uncured defaults under this Agreement or any
events which, with passage of time of giving of notice, of both, would constitute a default under
the Agreement. The City Manager shall have the right to execute any Estoppel Certificate
requested by Developer under this Agreement. The City acknowledges that an Estoppel
Certificate may be relied upon by any Property Transferee, Secured Lender or other party. The
Estoppel Certificate shall be provided in lieu of zoning compliant letters authorized pursuant to
Santa Monica Municipal Code Section 9.38.020E, or any successor thereto.
15.7 Time. Time is of the essence for each provision of this Agreement of which time
is an element.
15.8 Excusable Delays.
15.8.1 In addition to any specific provisions of this Agreement, non-performance
by Developer of its obligations under this Agreement shall be excused when it has been
prevented or delayed in such performance by reason of any act, event or condition beyond the
reasonable control of Developer (collectively, “Excusable Delays”) for any of the following
reasons:
(a) War, insurrection, walk-outs, riots, acts of terrorism, floods,
earthquakes, fires, casualties, acts of God, or similar grounds for excused performances;
(b) Governmental restrictions or moratoria imposed by the City or by
other governmental entities or the enactment of conflicting State or Federal laws or regulations;
(c) The imposition of restrictions or moratoria by judicial decisions or by
litigation, contesting the validity, or seeking the enforcement or clarification of, this Agreement
whether instituted by Developer, the City or any other person or entity, or the filing of a lawsuit
by any Party arising out of this Agreement or any permit or approval Developer deems necessary
or desirable for the implementation of the Project;
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(d) The institution of a referendum pursuant to Government Code Section
65867.5 or a similar public action seeking to in any way invalidate, alter, modify or amend the
ordinance adopted by the City Council approving and implementing this Agreement;
(e) Inability to secure necessary labor, materials or tools, due to strikes,
lockouts, or similar labor disputes; and
(f) Failure of the City to timely perform its obligations hereunder,
including its obligations under Section 7.2 above
15.8.2 Under no circumstances shall the inability of Developer to secure
financing be an Excusable Delay to the obligations of Developer except to the extent the inability
to secure financing is directly associated with war, insurrection, walk-outs, riots, acts of
terrorism, floods, earthquakes, fires, casualties, acts of God, or similar grounds beyond the
control of the developer.
15.8.3 In order for an extension of time to be granted for any Excusable Delay,
Developer must deliver to the City written notice of the commencement of the Excusable Delay
within sixty (60) days after the date on which Developer becomes aware of the existence of the
Excusable Delay. The extension of time for an Excusable Delay shall be for the actual period of
the delay.
15.8.4 Nothing contained in this Section 15.8 is intended to modify the terms of
either Section 5.1.2 or Section 5.5 of this Agreement.
15.9 Governing Law. This Agreement shall be governed exclusively by the provisions
hereof and by the laws of the State of California.
15.10 Cooperation in Event of Legal Challenge to Agreement. If there is any court
action or other proceeding commenced that includes any challenge to the validity, enforceability
or any term or provision of this Agreement, then Developer shall indemnify, hold harmless, pay
all costs actually incurred, and provide defense in said action or proceeding, with counsel
reasonably satisfactory to both the City and Developer. The City shall cooperate with Developer
in any such defense as Developer may reasonably request.
15.11 Attorneys’ Fees. If any Party commences any action for the interpretation,
enforcement, termination, cancellation or rescission of this Agreement or for specific
performance for the Breach of this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys’ fees, litigation expenses and costs. Attorneys’ fees shall include attorneys’
fees on any appeal as well as any attorneys’ fees incurred in any post-judgment proceedings to
collect or enforce the judgment. Such attorneys’ fees shall be paid whether or not such action is
prosecuted to judgment. In any case where this Agreement provides that the City or Developer
is entitled to recover attorneys’ fees from the other, the Party so entitled to recover shall be
entitled to an amount equal to the fair market value of services provided by attorneys employed
by it as well as any attorneys’ fees actually paid by it to third Parties. The fair market value of
the legal services for public attorneys shall be determined by utilizing the prevailing billing rates
of comparable private attorneys.
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15.12 Recordation. The Parties shall cause this Agreement to be recorded against title
to the Property in the Official Records of the County of Los Angeles. The cost, if any, of
recording this Agreement shall be borne by Developer.
15.13 No Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought and referring expressly to this Section 15.13. No delay or
omission by either Party in exercising any right or power accruing upon non-compliance or
failure to perform by the other Party under any of the provisions of this Agreement shall impair
any such right or power or be construed to be a waiver thereof, except as expressly provided
herein. No waiver by either Party of any of the covenants or conditions to be performed by the
other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance
of the same or other covenants and conditions hereof of this Agreement.
15.14 Construction of this Agreement. The Parties agree that each Party and its legal
counsel have reviewed and revised this Agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation
of this Agreement or any amendments or exhibits thereto.
15.15 Other Governmental Approvals. Developer may apply for such other permits and
approvals as may be required for development of the Project in accordance with this Agreement
from other governmental or quasi-governmental agencies having jurisdiction over the Property.
The City shall reasonably cooperate with Developer in its endeavors to obtain such permits and
approvals.
15.15.1 Further Assurances; Covenant to Sign Documents. Each Party shall
take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any
and all documents and writings, which may be necessary or proper to achieve the purposes and
objectives of this Agreement.
15.15.2 Processing. Upon satisfactory completion by Developer of all required
preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to
all legal requirements, promptly initiate, diligently process, and complete at the earliest possible
time all required steps, and expeditiously act upon any approvals and permits necessary for the
development by Developer of the Project in accordance with this Agreement, including, but not
limited to, the following:
(a) the processing of applications for and issuing of all Discretionary
Approvals requiring the exercise of judgment and deliberation by City;
(b) the holding of any required public hearings; and
(c) the processing of applications for and issuing of all City Technical
Permits requiring the determination of conformance with the Existing Regulations.
15.15.3 No Revocation. The City shall not revoke or subsequently disapprove
any approval or future approval for the development of the Project or the Property once issued by
the City provided that the development of the Project or the Property is in accordance with such
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approval. Any disapproval by the City shall state in writing the reasons for such disapproval and
the suggested actions to be taken in order for approval to be granted.
15.15.4 Processing During Third Party Litigation. If any third party lawsuit is
filed against the City or Developer relating to this Agreement or to other development issues
affecting the Property, the City shall not delay or stop the development, processing or
construction of the Property, or issuance of the City Technical Permits, unless the third party
obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the
issuance of any such order. Notwithstanding the foregoing and without prejudice to the
provisions of Section 15.8(c), after service on the City or Developer of the initial petition or
complaint challenging this Agreement or the Project, the Developer may apply to the Planning
Director for a tolling of the applicable deadlines for Developer to otherwise comply with this
Agreement. Within 40 days after receiving such an application, the Planning Director shall
either toll the time period for up to five years during the pendency of the litigation or deny the
requested tolling.
15.15.5 State, Federal or Case Law. Where any state, federal or case law
allows the City to exercise any discretion or take any act with respect to that law, the City shall,
in an expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in
such a way as to be consistent with, and carry out the terms of, this Agreement and (ii) take such
other actions as may be necessary to carry out in good faith the terms of this Agreement.
15.16 Venue. Any legal action or proceeding among the Parties arising out of this
Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of
California, in any other appropriate court in that County, or in the Federal District Court in the
Central District of California.
15.17 Exhibits. The following exhibits which are part of this Agreement are attached
hereto and each of which is incorporated herein by this reference as though set forth in full:
Exhibit “A” Legal Description of the Property
Exhibit “B” Project Plans
Exhibit “C” Permitted Fees and Exactions
Exhibit “D” Conditions of Approval
Exhibit “E” SMMC Article 9 (Planning and Zoning)
Exhibit "F-1" Local Hiring Program for Construction
Exhibit "F-2" Local Hiring Program for Permanent Employment
Exhibit "G" Construction Mitigation Plan
Exhibit “H” Assignment and Assumption Agreement
Exhibit “I” Alcohol Conditions
Exhibit “J” Agreement Imposing Restrictions on Rents & Occupancy
of Real Property
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Except as to the Project Plans (attached hereto as Exhibit “B”) which shall be treated in
accordance with Section 2.1 above, the text of this Agreement shall prevail in the event that any
inconsistencies exist between the Exhibits and the text of this Agreement.
15.18 Counterpart Signatures. The Parties may execute this Agreement on separate
signature pages which, when attached hereto, shall constitute one complete Agreement.
15.19 Certificate of Performance. Upon the completion of the Project, or any phase
thereof, or upon performance of this Agreement or its earlier revocation and termination, the City
shall provide Developer, upon Developer’s request, with a statement (“Certificate of
Performance”) evidencing said completion, termination or revocation and the release of
Developer from further obligations hereunder, except for any further obligations which survive
such completion, termination or revocation. The Certificate of Performance shall be signed by
the appropriate agents of Developer and the City and shall be recorded against title to the
Property in the official records of Los Angeles County, California. Such Certificate of
Performance is not a notice of completion as referred to in California Civil Code Section 3093.
15.20 Interests of Developer. Developer represents to the City that, as of the Effective
Date, it is the owner of the entire Property, subject to encumbrances, easements, covenants,
conditions, restrictions, and other matters of record.
15.21 Operating Memoranda. The provisions of this Agreement require a close degree
of cooperation between the City and Developer. During the Term of this Agreement,
clarifications to this Agreement and the Existing Regulations may be appropriate with respect to
the details of performance of the City and Developer. If and when, from time to time, during the
term of this Agreement, the City and Developer agree that such clarifications are necessary or
appropriate, they shall effectuate such clarification through operating memoranda approved in
writing by the City and Developer, which, after execution, shall be attached hereto and become
part of this Agreement and the same may be further clarified from time to time as necessary with
future written approval by the City and Developer. Operating memoranda are not intended to
and cannot constitute an amendment to this Agreement but mere ministerial clarifications,
therefore public notices and hearings shall not be required for any operating memorandum. The
City Attorney shall be authorized, upon consultation with, and approval of, Developer, to
determine whether a requested clarification may be effectuated pursuant to the execution and
delivery of an operating memorandum or whether the requested clarification is of such character
to constitute an amendment of this Agreement which requires compliance with the provisions of
Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to
the City Manager and the City Manager is hereby authorized to execute any operating
memoranda hereunder without further action by the City Council.
15.22 Acknowledgments, Agreements and Assurance on the Part of Developer.
15.22.1 Developer’s Faithful Performance. The Parties acknowledge and
agree that Developer’s faithful performance in developing the Project on the Property and in
constructing and installing certain public improvements pursuant to this Agreement and
complying with the Existing Regulations will fulfill substantial public needs. The City
acknowledges and agrees that there is good and valuable consideration to the City resulting from
Developer’s assurances and faithful performance thereof and that same is in balance with the
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benefits conferred by the City on the Project. The Parties further acknowledge and agree that the
exchanged consideration hereunder is fair, just and reasonable. Developer acknowledges that the
consideration is reasonably related to the type and extent of the impacts of the Project on the
community and the Property, and further acknowledges that the consideration is necessary to
mitigate the direct and indirect impacts caused by Developer on the Property.
15.22.2 Obligations to be Non-Recourse. As a material element of this
Agreement, and in partial consideration for Developer’s execution of this Agreement, the Parties
each understand and agree that the City’s remedies for breach of the obligations of Developer
under this Agreement shall be limited as described in Sections 11.2 through 11.4 above.
15.22.3 Waiver of Protest. Developer acknowledges and agrees that by
executing this Agreement, Developer waives any and all claims and rights, if any, under
Government Code Section 66020 to protest fees, dedications, reservations, or exactions required
by this Agreement (hereinafter “exactions”), including the City’s right to request and receive the
exaction pursuant to this Agreement, the total exaction amount if specified by the Agreement,
and the formula for subsequently calculating exactions if the formula is established by the
Existing Regulations. Notwithstanding the above, if the amount of any exaction is not expressly
set forth in this Agreement, Developer reserves the right to protest the subsequent calculation of
this amount.
15.23 Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift
or dedication of the Property, or of the Project, or any portion thereof, to the general public, for
the general public, or for any public use or purpose whatsoever, it being the intention and
understanding of the Parties that this Agreement be strictly limited to and for the purposes herein
expressed for the development of the Project as private property. Developer shall have the right
to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including
common areas and buildings and improvements located thereon, by any person for any purpose
inimical to the development of the Project, including without limitation to prevent any person or
entity from obtaining or accruing any prescriptive or other right to use the Property or the
Project. Any portion of the Property to be conveyed to the City by Developer as provided in this
Agreement, shall be held and used by the City only for the purposes contemplated herein or
otherwise provided in such conveyance, and the City shall not take or permit to be taken (if
within the power or authority of the City) any action or activity with respect to such portion of
the Property that would deprive Developer of the material benefits of this Agreement or would
materially and unreasonably interfere with the development of the Project as contemplated by
this Agreement.
15.24 Other Agreements. The City acknowledges that certain additional agreements
may be necessary to effectuate the intent of this Agreement and facilitate development of the
Project. The City Manager or his/her designee is hereby authorized to prepare, execute, and
record those additional agreements.
15.25 Severability and Termination. If any provision of this Agreement is determined
by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this
Agreement is superseded or rendered unenforceable according to any law which becomes
effective after the Effective Date, the remainder of this Agreement shall be effective to the extent
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the remaining provisions are not rendered impractical to perform, taking into consideration the
purposes of this Agreement.
This Agreement is executed by the Parties on the date first set forth above and is made
effective on and as of the Effective Date.
DEVELOPER:
_______________________________
_______________________________
By: ________DRAFT_______________
Name: __________________________
Title: ___________________________
CITY:
CITY OF SANTA MONICA,
a municipal corporation
By: ________DRAFT_______________
Name: ___________________________
Title: _____________________________
ATTEST:
By: ________DRAFT_______________
Name: ______________________________
City Clerk
APPROVED AS TO FORM:
By: ________DRAFT_______________
Name: ______________________________
City Attorney
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
LOTS “H”, “I”, “J”, “K” AND “L”, IN BLOCK 192 OF SANTA MONICA, IN THE CITY
OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45,
ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: 4291-022-024
EXHIBIT “B”
PROJECT PLANS
On file with the City of Santa Monica
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EXHIBIT “C”
PERMITTED FEES AND EXACTIONS
1. Developer shall pay the following fees and charges that are within the City’s jurisdiction
and at the rate in effect at the time payments are made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall
pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City
fees and all other standard fees imposed on similar development projects:
Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping,
Excavation and Shoring Permit fees (collected by Building & Safety)
Shoring Tieback fee (collected by EPWM)
Construction and Demolition (C&D) Waste Management fee (SMMC Chapter
8.108) (collected by EPWM) (collected by EPWM)
Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by
EPWM)
Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter
Permit fee) (SMMC Section 7.12.090) (collected by EPWM)
Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)
(d) Upon inspection of the Project during the course of construction, City inspection
fees.
These fees shall be reimbursed to Developer in accordance with the City's standard
practice should Developer not proceed with development of the Project.
2. Prior to issuance of permits for any construction work in the public right-of-way, or use
of public property, Developer shall pay the following City fees:
Use of Public Property Permit fees (SMMC 7.04.670) (EPWM)
Utility Excavation Permit fee (SMMC 7.04.010) (EPWM)
Street Permit fee (SMMC 7.04.790) (EPWM)
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3. The Developer shall reimburse the City for its actual costs to monitor environmental
mitigation measures. The City shall bill the developer for staff time and any material
used pursuant to the hourly fees in effect at the time monitoring is performed. Developer
shall submit payment to the City within 30 days.
4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s
compliance with this Development Agreement. The City shall bill Developer for staff
time and any material used pursuant to the hourly fees in effect at the time monitoring is
performed. Developer shall submit payment to the City within 30 days after receipt of an
invoice for same from the City.
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EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Specific Conditions
1. The project shall provide the Significant Project Features and LUCE Community
Benefits as established in Sections 2.6 and 2.7 of this Agreement.
2. The Architectural Review Board shall pay particular attention to the following design
elements of the project:
a. Solar control on the West Elevation of the Project.
3. No permit for outdoor dining located on public right-of-way shall be issued for the
Project.
CITY PLANNING
Administrative Conditions
4. 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
5. This approval is for those plans dated June 30, 2015, a copy of which shall be maintained
in the files of the City Planning Division. Project development shall be consistent with
such plans, except as otherwise specified in these conditions of approval.
6. Minor amendments to the plans shall be subject to approval by the Director of Planning.
A significant change in the approved concept shall be subject to review as provided in the
Development Agreement. Construction shall be in conformance with the plans submitted
or as modified in accordance with the Development Agreement.
7. Except as otherwise provided by the Development Agreement, project plans shall be
subject to complete Code Compliance review when the building plans are submitted for
plan check and shall comply with all applicable provisions of Article IX of the Municipal
Code and all other pertinent ordinances and General Plan policies of the City of Santa
Monica prior to building permit issuance.
Fees
8. 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
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granted until such time as the Director of the Community and Cultural Services
Department issues a notice of compliance in accordance with Part 9.04.10.20.
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 of the project 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 or any successor thereto).
Final Design
13. Plans for final design, landscaping, screening, trash enclosures, and signage shall be
subject to review and approval by the Architectural Review Board.
14. Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in the Subchapter.
15. Refuse areas, storage areas and mechanical equipment shall be screened in accordance
with SMMC Sections 9.21.100, 130, and 140. Refuse areas shall be of a size adequate to
meet on-site need, including recycling. The Architectural Review Board in its review
shall pay particular attention to the screening of such areas and equipment. Any rooftop
mechanical equipment shall be minimized in height and area, and shall be located in such
a way as to minimize noise and visual impacts to surrounding properties. Unless
otherwise approved by the Architectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the roof. Except for solar hot water
heaters, no residential water heaters shall be located on the roof.
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16. No gas or electric meters shall be located within the required front or street side yard
setback areas. The Architectural Review Board in its review shall pay particular attention
to the location and screening of such meters.
17. Prior to consideration of the project by the Architectural Review Board, the applicant
shall review disabled access requirements with the Building and Safety Division and
make any necessary changes in the project design to achieve compliance with such
requirements. The Architectural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback impacts of any ramps or other features
necessitated by accessibility requirements.
18. As appropriate, the Architectural Review Board shall require the use of anti-graffiti
materials on surfaces likely to attract graffiti.
Construction Plan Requirements
19. 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
20. 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.
21. Prior to issuance of a demolition permit, applicant shall prepare for Building Division
approval a rodent and pest control plan to insure that demolition and construction
activities at the site do not create pest control impacts on the project neighborhood.
Construction Period
22. [FOR DOWNTOWN AREA, MAIN ST, MONTANA, PICO] 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 2nd. 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 (6th Court to 17th Street); Pico Boulevard (from the Ocean to the
Easterly city limit at Centinela).
Standard Conditions
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23. 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 instal led
within a sound-rated parapet enclosure.
24. 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.
25. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City’s graffiti removal program.
Condition Monitoring
26. 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
27. 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/ParkingStandards.pdf
28. 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 9.21.180. Please reference the following standards:
http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation_Manag
ement/HVO.pdf
29. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be
designed in accordance with the standards established by the Strategic and Transportation
Planning Manager but shall not exceed a twenty percent slope. Please reference the
following standards:
http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation_Manag
ement/RampSlope.pdf
30. Bicycle parking provided in the Project shall meet the following requirements:
a. Bicycle parking shall be provided in a convenient, highly visible, and well-lit
area.
b. Bicycle parking shall be at least as conveniently located as the most convenient
automobile spaces, other than those spaces for persons with disabilities. Safe and
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convenient means of ingress and egress shall be provided that does not interfere
with accessible paths of travel or accessible parking as required by this Code.
c. Bicycle parking facilities within auto parking areas shall provide a minimum of
18” of separation between the parking space and a parked bicycle to prevent
damage by automobiles or other moving vehicles with the exception of bicycle
racks provided above ground at the head of the parking space. If provided at the
head of the parking space, the space must be assigned to the same user of the
bicycle rack. Barriers may be in the form of curbs, wheel stops, poles, or other
similar features if they do not interfere with the adjacent parking stall or pathway.
d. Bicycle parking facilities shall be located on or within a concrete or similar
surface and designed to support bicycles in a stable position without damage to
wheels, frames, or other components.
e. Facilities shall be securely anchored to the surface to prevent easy removal and
shall be of sufficient strength to resist vandalism and theft.
f. Bicycle parking areas shall contain signage that clearly shows how the bicycle
should be locked for optimum security and a number where to contact the owner
with questions or report theft.
g. Bicycle parking wayfinding signage is required for every site.
h. Vertical parking racks must allow one to securely lock a bike tire and frame to the
rack.
i. Bicycle parking facilities and bicycle parking racks, shall be designed and located
to meet the following criteria:
i. Each bicycle parking spaces shall be designed with at least 2 feet in width
by 6 feet in length to allow sufficient space between parked bicycles.
ii. 24 to 30 inches of clearance shall be provided between bicycle parking
spaces and adjacent walls, poles, landscaping, street furniture, drive aisles,
and pedestrian ways and at least five feet from vehicle parking spaces.
iii. Located 30 inches from a perpendicular wall, as measured form the edge
of the facility closest to the wall and in the direction bicycles are to be
parked.
iv. Provide a minimum 5 foot wide aisle or space behind all required bicycle
parking to allow room for bicycle maneuvering.
v. At least 10 percent of the total bike parking must be provided to
accommodate 10 feet long bicycles with trailers, recumbent, and cargo
style bicycles.
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BIG BLUE BUS
31. 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.
32. Developer shall notify all residential and/or commercial tenants in writing as part of their
lease or rental agreement that they are located within 1000 feet of a facility used 24 hours
per day, 365/6 days per year for the operation and maintenance of the City’s transit and
other vehicle fleets and such adjacency may subject them to the continuous sounds
associated with operating and maintaining a large fleet of vehicles on a daily basis. The
sounds of engines, radios, machinery, equipment, alarms, voices, compression
tanks/tools, fueling and washing activities are some but not all of the sounds that might
be heard on a 24 hour daily basis.
PUBLIC LANDSCAPE
33. 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.
34. 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.
35. 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
36. 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.
37. 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
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the landscape water conservation and construction and demolition waste diversion
requirements specified in Section 8.108 of the Santa Monica Municipal Code.
RENT CONTROL
38. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to
demolish, convert, or otherwise remove a controlled rental unit(s) from the housing
market, the owner of the property shall first secure a removal permit under Section
1803(t), an exemption determination, an approval of a vested rights claim from the Rent
Control board, or have withdrawn the controlled rental unit(s) pursuant to the provisions
of the Ellis Act.
HOUSING AND ECONOMIC DEVELOPMENT
39. 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 units 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 1st, 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
39. Developer shall be responsible for the payment of the following Public Works
Department (PWD) permit fees prior to issuance of a building permit:
a. Water Services
b. Wastewater Capital Facility
c. Water Demand Mitigation
d. Fire Service Connection
e. Tieback Encroachment
f. Encroachment of on-site improvements into public right-of-way
g. Construction and Demolition Waste Management – If the valuation of a project is
at least $50,000 or if the total square feet of the project is equal to or greater than
1000 square feet, then the owner or contractor is required to complete and submit
a Waste Management Plan. All demolition projects are required to submit a
Waste Management Plan. A performance deposit is collected for all Waste
Management Plans equal to 3% of the project value, not to exceed $30,000. All
demolition only permits require a $1,000 deposit or $1.00 per square foot,
whichever is the greater of the two.
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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.
40. Developer shall comply with the Construction Mitigation Obligations set forth in Exhibit
“G” attached hereto.
41. Any construction related work or use of the public right-of-way will be required to obtain
the approval of 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.
42. 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.
43. 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.
44. Until completion of construction, 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.
45. 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
46. 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.
47. 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
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storm drain or sewer system. Pretreatment will require that a clarifier or oil/water
separator be installed and maintained on site.
48. If the project involves dewatering, developer/contractor shall contact the LA Regional
Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of
groundwater from construction dewatering to surface water. For more information refer
to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111.
49. 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. If the
study does not show to the satisfaction of the City that the City’s sewer system can
accommodate the entire development, prior to issuance of the first building permit, the
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.
50. 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.
51. 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.
52. Developer shall not directly connect to a public storm drain pipe or direct site drainage to
the public alley. Commercial or residential units are required to either have an individual
water meter or a master meter with sub-meters.
53. All existing sanitary sewer “house connections” to be abandoned, shall be removed and
capped at the “Y” connections.
54. The fire services and domestic services 3-inches or greater must be above ground, on the
applicant’s site, readily accessible for testing.
55. Developer is required to meet state cross-connection and potable water sanitation
guidelines. Refer to requirements and comply with the cross-connections guidelines
D-10
available at: http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to
issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed.
56. 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.
57. Unless otherwise required by Section 2.7.4 of this Agreement, 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
58. 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-storm water 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
Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP
shall also be submitted to the PWD.
59. 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
D-11
in advance of planned dewatering or seepage pumping. They can be reached at (310)
458-8235.
Public Streets & Right-of-Way
60. 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.
61. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
62. 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.
63. 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
64. 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 1km terminating in a new Telecommunications Vault for
future interconnection with City network. The final telecommunications design plans for
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
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65. 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.
66. 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.
67. Location of Southern California Edison electrical transformer and switch
equipment/structures must be clearly shown on the development site plan and other
appropriate plans within the project limits. The SCE structures serving the proposed
development shall not be located in the public right-of-way.
Resource Recovery and Recycling
68. 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 requi red. Section
9.21.130 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.
69. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the
refuse recycling enclosure.
70. 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:
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.
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Miscellaneous
71. 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.
72. Nothing contained in the Development Agreement for this Project or these Conditions of
Approval shall prevent Developer from seeking relief pursuant to any Application for
Alternative Materials and Methods of Design and Construction or any other relief as
otherwise may be permitted and available under the Building Code, Fire Code, or any
other provision of the SMMC.
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
73. 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.
74. 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.
75. 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.
76. 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.
77. Santa Monica Municipal Code Chapter 8 section 8.44.050 requires an approved
automatic fire sprinkler system in ALL new construction and certain remodels or
additions. Any building that does not have a designated occupant and use at the time fire
sprinkler plans are submitted for approval, the system shall be designed and installed to
deliver a minimum density of not less than that required for ordinary hazard, Group 2,
with a minimum design area of not less than three thousand square feet. Plans and
specifications for fire sprinkler systems shall be submitted and approved prior to system
installation.
78. Buildings four or more stories in height shall be provided with not less than one
standpipe during construction.
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79. 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.
80. Provide Multipurpose Dry Chemical type fire extinguishers with a minimum rating of
2A-10B:C. Extinguishers shall be located on every floor or level. Maximum travel
distance from any point in space or building shall not exceed 75 feet. Extinguishers shall
be mounted on wall or installed in cabinet no higher than 4 ft. above finished floor and
plainly visible and readily accessible or signage shall be provided.
81. 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.
82. 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 (l) (1)
83. When more than one exit is required they shall be arranged so that it is possible to go in
either direction to a separate exit, except dead ends not exceeding 20 feet, and 50 feet in
fully sprinklered buildings.
84. 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.
85. Show ALL door hardware intended for installation on Exit doors.
86. In buildings two stories or more in height an approved floor plan providing emergency
procedure information shall be posted at the entrance to each stairway, in every elevator
lobby, and immediately inside all entrances to the building. The information shall be
posted so that it describes the represented floor and can be easily seen upon entering the
floor level or the building. Required information shall meet the minimum standards
established in the Santa Monica Fire Department, Fire Prevention Division, information
sheet entitled “Evacuation Floor Plan Signs.” (California Code of Regulations Title 19
Section 3.09)
87. Stairway Identification shall be in compliance with CBC 1022.8
D-15
88. Floor-level exit signs are required in Group A, E, I, R-1, R-2 and R-4 occupancies.
89. 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.
90. 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.
91. 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.
92. An approved fire alarm system shall be installed as follows:
93. 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.
94. Group E Occupancies having occupant loads of 50 or more shall be provided with an
approved manual fire alarm system.
95. Group R-1, R-2 Apartment houses containing 16 or more dwelling units, in building three
or more stories in height R-2.1 and R-4 Occupancies shall be provided with a manual
alarm system. Smoke detectors shall be provided in all common areas and interior
corridors of required exits. Recreational, laundry, furnace rooms and similar areas shall
be provided with heat detectors.
96. Plans and specifications for fire alarm systems shall be submitted and approved prior to
system installation
D-16
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
97. 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.
98. 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.
D-17
99. 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.
100. 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.
101. Fire apparatus access roads for commercial and industrial development shall comply with
the following:
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.
D-18
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.
102. 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.
D-19
103. California Building Code / Santa Monica Fire Department Requirements
Occupancy Classification and Division
If a change in occupancy or use, identify the existing and all proposed new occupancy
classifications and uses
Assembly (A-1, A-2, A-3), Business (B), Mercantile (M), Residential (R), etc.
Include all accessory uses
Building Height
Height in feet (SMMC defines a High-Rise as any structure greater than 55 feet.)
Number of stories
Detail increase in allowable height
Type I (II-FR.) buildings housing Group B office or Group R, Division 1
Occupancies each having floors used for human occupancy located more than 55 feet
above the lowest level of fire department vehicle access shall comply with CBC
Section 403.
a. Automatic sprinkler system.
b. Smoke-detection systems.
c. Smoke control system conforming to Chapter 9 section 909.
d. Fire alarm and communication systems.
1. Emergency voice alarm signaling system.
2. Fire department communication system.
e. Central control station. (96 square feet minimum with a minimum
dimension of 8’ ft)
f. {omitted}
g. Elevators.
h. Standby power and light and emergency systems.
i. Exits
j. Seismic consideration.
D-20
Total Floor Area of Building or Project
Basic Allowable Floor Area
Floor Area for each room or area
Detail allowable area increase calculations
Corridor Construction
Type of Construction
Detail any and all code exceptions being used
Occupant Load Calculations
Occupancy Classification for each room or area.
Occupant Load Calculation for each room or area based on use or occupancy
Total Proposed Occupant Load
Means of Egress
Exit width calculations
Exit path of travel
Exit Signage and Pathway Illumination (low level exit signage)
Atria - Atria shall comply with CBC Section 404 as follows:
Atria shall not be permitted in buildings containing Group H Occupancies.
The entire building shall be sprinklered.
A mechanically operated smoke-control system meeting the requirements of Section
909 and 909.9 shall be installed.
Smoke detectors shall be installed in accordance with the Fire Code.
Except for open exit balconies within the atrium, the atrium shall be separated from
adjacent spaces by one-hour fire-resistive construction. See exceptions to Section
404.6.
When a required exit enters the atrium space, the travel distance from the doorway of
the tenant space to an enclosed stairway, horizontal exit, exterior door or exit
passageway shall not exceed 200 feet.
In other than jails, prisons and reformatories, sleeping rooms of Group I Occupancies
shall not have required exits through the atrium.
Standby power shall be provided for the atrium and tenant space smoke-control
system. Sections 404.7 and 909.11.
D-21
The interior finish for walls and ceilings of the atrium and all unseparated tenant
spaces shall be Class I. Section 404.8.
Atriums of a height greater than 20 feet, measured from the ceiling sprinklers, shall only contain
furnishings and decorative materials with potential heat of combustion less than 9,000 Btu's per
pound. All furnishings to comply with California Bureau of Home Furnishings, Technical
Bulletin 133, “Flammability Test for Seating Furniture in Public Occupancies.”
All furnishings in public areas shall comply with California Bureau of Home Furnishings,
Technical Bulletin 133, “Flammability Test for Seating Furniture in Public Occupancies.”
Los Angeles County Fire
104. 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
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 poli cies contained herein are provided to
ensure the adequacy of, and access to, fire protection water and shall be
enforced by all Department personnel.
D-22
IV. PROCEDURES
A. Land development: fire flow, duration of flow, and hydrant spacing
The following requirements apply to land development issues such as: tract and
parcel maps, conditional use permits, zone changes, lot line adjustments, planned
unit developments, etc.
1. Residential
Fire Zones 3
Very High Fire Hazard Severity Zone (VHFHSZ)
Fire Flow
Duration
of Flow
Public
Hydrant
Spacing
a. Single family dwelling
and detached condominiums
(1 – 4 Units)
(Under 5,000 square feet)
1,250 GPM 2 hrs. 600 ft.
b.
Detached condominium
(5 or more units)
(Under 5,000 square feet)
1,500 GPM
2 hrs.
300 ft.
c.
Two family dwellings
(Duplexes)
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.
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
D-23
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. a. Single family dwellings - Fire Zone 3 (Less than 5,000 square feet)
Fire Flow
Duration
of Flow
Public Hydrant
Spacing
On a lot of one acre or more 750 GPM 2 hrs. 600 ft.
On a lot less than one acre 1,250 GPM 2 hrs 600 ft.
Single family dwellings - 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
D-24
Fire Flow
Duration
of Flow
Public Hydrant
Spacing
c. Two family dwellings – VHFHSZ (Less than 5,000 square feet)
Duplexes 1,500 GPM 2 hrs 600 ft.
c. Two family dwellings 2. Mobile Home Park
a. Recreation Buildings 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).
C. Public fire hydrant requirements
1. Fire hydrants shall be required at intersections and along access ways as spacing
requirements dictate
2. Spacing
a. Cul-de-sac
When cul-de-sac depth exceeds 450' (residential) or
200' (commercial), hydrants shall be required at mid-block.
Additional hydrants will be required if hydrant spacing exceeds
specified distances.
b. Single family dwellings
Fire hydrant spacing of 600 feet
NOTE: The following guidelines shall be used in meeting
single family dwellings hydrant spacing
requirements:
(1) Urban properties (more than one unit per acre):
No portion of lot frontage should be more than 450' via
vehicular access from a public hydrant.
(2) Non-Urban Properties (less than one unit per acre):
No portion of a structure should be placed on a lot where
it exceeds 750' via vehicular access from a properly
spaced public hydrant that meets the required fire flow.
c. All occupancies
D-25
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.
(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 from a public hydrant and on-site hydrants are required, the
following spacing requirements shall be met:
a. Spacing distance between on-site hydrants shall be 300 to 600 feet.
(1) Design features shall assist in allowing distance
modifications.
b. Factors considered when allowing distance modifications.
D-26
(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
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 existing public hydrant shall be 1,000
D-27
GPM unless the required fire flow is less. Hydrants used to satisfy fire flow
requirements will be determined by the following items:
1. Only hydrants that meet spacing requirements are acceptable for
meeting fire flow requirements.
2. In order to meet the required fire flow:
a. Flow closest hydrant and calculate to determine flow at 20 pounds
per square inch residual pressure. If the calculated flow does not
meet the fire flow requirement, the next closest hydrant shall be
flowed simultaneously with the first hydrant, providing it meets the
spacing requirement, etc.
b. If more than one hydrant is to be flowed in order to meet the
required fire flow, the number of hydrants shall be flowed as
follows:
One hydrant 1,250 GPM and below
Two hydrants 1,251– 3,500 GPM flowing simultaneously
Three hydrants 3,501– 5,000 GPM flowing simultaneously
F. Hydrant Upgrade Policy
1. Existing single outlet 2 1/2" inch hydrants shall be upgraded to a double
outlet 6" x 4" x 2 1/2" hydrant when the required fire flow exceeds 1,250
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-28
d. Similar to the type of construction which conforms to current
A.W.W.A. Standards
e. Provided with three-foot unobstructed clearance on all sides.
f. Provided with approved plastic caps
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 h ydrants be more than six feet from a curb line.
5. The owner-developer shall be responsible for making the necessary
arrangements with the local water purveyor for the installation of all
public facilities.
6. Approved fire hydrant barricades shall be installed if curbs are not
provided (see Figures 1, 2, and 3 following on pages 11 and 12).
D-29
Barricade/Clearance Details
Figure 1
Figure 2
D-30
Figure 3
Notes:
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 fire hydrants in a manner that would prevent fire hydrants from
being immediately discernible.
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 fireground operations. Notice apparatus (hydra-
assist-valve) connected to hydrant and the required area. Figure 3 shows the importance
of not constructing barricades or other obstructions in front of hydrant outlets.
D-31
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.
D-32
TABLE 1 *
BUILDING SIZE
(First floor area) Fire Flow* (1) (2) Duration Hydrant Spacing
Under 3,000 sq. ft. 1,000 GPM 2 hrs 300 ft
3,000 to 4,999 sq. ft. 1,250 GPM 2 hrs 300 ft
5,000 to 7,999 sq. ft. 1,500 GPM 2 hrs 300 ft
8,000 to 9,999 sq. ft. 2,000 GPM 2 hrs 300 ft
10,000 to 14,999 sq. ft. 2,500 GPM 2 hrs 300 ft
15,000 to 19,999 sq. ft. 3,000 GPM 3 hrs 300 ft
20,000 to 24,999 sq. ft. 3,500 GPM 3 hrs 300 ft
25,000 to 29,999 sq. ft. 4,000 GPM 4 hrs 300 ft
30,000 to 34,999 sq. ft. 4,500 GPM 4 hrs 300 ft
35,000 or more sq. ft. 5,000 GPM 5 hrs 300 ft
* See applicable footnotes below:
(FIRE FLOWS MEASURED AT 20 POUNDS PER SQUARE INCH RESIDUAL
PRESSURE)
(1) Conditions requiring additional fire flow.
a. Each story above ground level - add 500 GPM per story.
b. Any exposure within 50 feet - add a total of 500 GPM.
c. Any high-rise building (as determined by the jurisdictional building code) the fire
flow shall be a minimum of 3,500 GPM for 3 hours at 20 psi.
d. Any flow may be increased up to 1,000 GPM for a hazardous occupancy.
(2) Reductions in fire flow shall be cumulative for type of construction and a fully
sprinklered building. The following allowances and/or additions may be made to
standard fire flow requirements:
a. A 25% reduction shall be granted for the following types of construction: Type I-
F.R, Type II-F.R., Type II one-hour, Type II-N, Type III one-hour, Type III-N,
Type IV, Type IV one hour, and Type V one-hour. This reduction shall be
automatic and credited on all projects using these types of construction. Credit
will not be given for Type V-N structures (to a minimum of 2,000 GPM available
fire flow).
b. A 25% reduction shall be granted for fully sprinklered buildings (to a minimum of
2,000 GPM available fire flow).
c. When determining required fire flows for structures that total 70,000 square feet
or greater, such flows shall not be reduced below 3,500 GPM at 20 psi for three
hours.
EXHIBIT “E”
SMMC ARTICLE 9 (PLANNING AND ZONING)
On file with the City Clerk
F-1
EXHIBIT “F-1”
LOCAL HIRING PROGRAM FOR CONSTRUCTION
Local Hiring Policy For Construction. Developer shall implement a local hiring policy (the
“Local Hiring Policy”) for construction of the Project, consistent with the following guidelines:
1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by
Developer and its contractors at the Project of residents of the City of Santa Monica (the
“Targeted Job Applicants”), and in particular, those residents who are “Low-Income
Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Project
construction employment opportunities and have a fair opportunity to apply and compete
for such jobs.
2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a
resident labor force of approximately 57,300. However, only about one-third
(32.2 percent) of the City's resident labor force works at jobs located in the City,
with the balance working outside of the City. Consequently, a significant portion
of the City's resident and non-resident work force is required to commute long
distances to find work, causing increased traffic on state highways, increased
pollution, increased use of gas and other fuels and other serious environmental
impacts.
b. Due to their employment outside of the City, many residents of the City are
forced to leave for work very early in the morning and return late in the evening,
often leaving children and teenagers alone and unsupervised during the hours
between school and the parent return from work outside the area.
c. Absentee parents and unsupervised youth can result in increased problems for
families, communities and the City as a whole, including, but not limited to,
increased crime, more frequent and serious injuries, poor homework
accomplishments, failing grades and increased high school dropout rates.
d. Of the approximately 45,000 households in the City, thirty percent are defined as
low-income households or lower, with eleven percent of these households defined
as extremely low income and eight percent very low income. Approximately
7.6% of the City's residents are unemployed.
e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity
to compete for Project Construction jobs, this local hiring policy will facilitate job
opportunities to City residents which would expand the City's employment base
and reduce the impacts on the environment caused by long commuting times to
jobs outside the area.
3. Definitions.
F-2
a. “Contract” means a contract or other agreement for the providing of any
combination of labor, materials, supplies, and equipment to the construction of the
Project that will result in On-Site Jobs, directly or indirectly, either pursuant to the
terms of such contract or other agreement or through one or more subcontracts.
b. “Contractor” means a prime contractor, a sub-contractor, or any other entity that
enters into a Contract with Developer for any portion or component of the work
necessary to construct the Project (excluding architectural, design and other “soft”
components of the construction of the Project).
c. “Low Income Individual” means a resident of the City of Santa Monica whose
household income is no greater than 80% of the Median Income.
d. “Median Income means the median family income published from time to time
by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
e. “On-Site Jobs” means all jobs by a Contractor under a Contract for which at least
fifty percent (50%) of the work hours for such job requires the employee to be at
the Project site, regardless of whether such job is in the nature of an employee or
an independent contractor. On-Site Jobs shall not include jobs at the Project site
which will be performed by the Contractor’s established work crew who have not
been hired specifically to work at the Project site.
4. Priority for Targeted Job Applicants. Subject to Section 7 below in this Exhibit “F-1,”
the Local Hiring Policy provides that the Targeted Job Applicants shall be considered for
each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80% Median
Income that resides within the Low and Moderate Income Areas identified in
Figure 3-12 of the City of Santa Monica’s 2013-2021 Housing Element;
b. Second Priority: Any resident of a household with no greater than 80% Median
Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80% Median
Income that resides within a five (5) mile radius of the project site.
5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs related to
the construction of the Project, by Developer and its Contractors.
6. Outreach. So that Targeted Job Applicants are made aware of the availability of On-Site
Jobs, Developer or its Contractors shall advertise available On-Site Jobs in the Santa
Monica Daily Press or similar local media and electronically on a City-sponsored
website, if such a resource exists. In addition, Developer shall consult with and provide
written notice to at least two first source hiring organizations, which may include but are
not limited to the following:
(a) Local first source hiring programs.
F-3
(b) Trade unions.
(c) Apprenticeship programs at local colleges.
(d) Santa Monica educational institutions.
(e) Other non-profit organizations involved in referring eligible applicants for job
opportunities.
7. Hiring. Developer and its contractor(s) shall consider in good faith all applications
submitted by Targeted Job Applicants for On-Site Jobs, in accordance with their normal
practice to hire the most qualified candidate for each position and shall make a good faith
effort to hire Targeted Job Applicants when most qualified or equally qualified as other
applicants. The City acknowledges that the Contractors shall determine in their
respective subjective business judgment whether any particular Targeted Job Applicant is
qualified to perform the On-Site Job for which such Targeted Job Applicant has applied.
Contactors are not precluded from advertising regionally or nationally for employees in
addition to its local outreach efforts.
8. Term. The Local Hiring Policy shall continue to apply to the construction of the Project
until the final certificate of occupancy for the Project has been issued by the City.
F-4
EXHIBIT "F-2"
LOCAL HIRING PROGRAM FOR PERMANENT EMPLOYMENT
Local Hiring Policy For Permanent Employment. The Developer (if an Operator) or
Commercial Operator shall implement a local hiring policy (the “Local Hiring Policy”),
consistent with the following guidelines:
1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by the
commercial tenants of the Project of residents of the City of Santa Monica (the
“Targeted Job Applicants”), and in particular, those residents who are “Low-Income
Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Project
employment opportunities and have a fair opportunity to apply and compete for such
jobs. The goal of this policy is local hiring.
2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a
resident labor force of approximately 57,300. However, only about one-third
(32.2 percent) of the City's resident labor force works at jobs located in the City,
with the balance working outside of the City. Consequently, a significant portion
of the City's resident and non-resident work force is required to commute long
distances to find work, causing increased traffic on state highways, increased
pollution, increased use of gas and other fuels and other serious environmental
impacts.
b. Due to their employment outside of the City, many residents of the City are
forced to leave for work very early in the morning and return late in the evening,
often leaving children and teenagers alone and unsupervised during the hours
between school and the parent return from work outside the area.
c. Absentee parents and unsupervised youth can result in increased problems for
families, communities and the City as a whole, including, but not limited to,
increased crime, more frequent and serious injuries, poor homework
accomplishments, failing grades and increased high school dropout rates.
d. Of the approximately 45,000 households in the City, thirty percent are defined as
low-income households or lower, with eleven percent of these households defined
as extremely low income and eight percent very low income. Approximately
7.6% of the City's residents are unemployed.
e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity
to compete for Project jobs, this local hiring policy will facilitate job opportunities
to City residents which would expand the City's employment base and reduce the
impacts on the environment caused by long commuting times to jobs outside the
area.
F-5
3. Definitions.
a. “Low Income Individual” means a resident of the City of Santa Monica whose
household income is no greater than 80% of the Median Income.
b. “Median Income” means the median family income published from time to time
by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
c. “On-Site Jobs” means all jobs on the Project site within the non-residential uses
of greater than 1,500 gross square feet, regardless of whether such job is in the
nature of an employee or an independent contractor.
d. “Commercial Operator” means the operators of non-residential uses on the
Project site.
4. Priority for Targeted Job Applicants. Subject to Section 7 below in this Exhibit “F-2,”
the Local Hiring Policy provides that the Targeted Job Applicants shall be considered for
each On-Site Job in the following order of priority:
a. First Priority: Any resident of a household with no greater than 80% Median
Income that resides within the low and Moderate Income Areas identified in
Figure 3-12 of the City of Santa Monica’s 2013-2021 Housing Element;
b. Second Priority: Any resident of a household with no greater than 80% Median
Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80% Median
Income that resides within a five (5) mile radius of the project site.
For purposes of this Local Hiring Policy, the Commercial Operator is authorized to rely
on the most recent year’s income tax records (W-2) and proof of residency (e.g. driver’s
license, utility bill, voter registration) if voluntarily submitted by a prospective job
applicant for purposes of assessing a Targeted Job Applicant’s place of residence and
income.
5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs.
Notwithstanding the foregoing, the Local Hiring Policy shall not apply to temporary
employees utilized while a permanent employee is temporarily absent or while a
replacement is being actively sought for a recently-departed permanent employee.
Furthermore, the Local Hiring Policy shall not preclude the re-hiring of a prior employee
or the transfer of an existing employee from another location.
6. Recruitment.
a. Local Hiring Goal. The Developer has established a local hiring goal of 30% of
the total full and part-time jobs in the Project being held by Santa Monica
residents. There shall be no penalties to the Developer, nor shall the Developer be
deemed to be in default under the Development Agreement, if such goal is not
F-6
achieved. The Developer shall report its actual local hiring results to the City as
part of its annual reports as mandated by Section 10.2 of the Development
Agreement. The annual report shall include the following information:
(i) First source hiring organizations that were contacted;
(ii) How many referrals from first source hiring organizations were
interviewed;
(iii) How many Targeted Job Applicants were hired;
(iv) Any community activities related to recruitment and local hiring that took
place in the past calendar year, and;
(v) Recruitment initiatives planned for the following calendar year.
b. Advanced Local Recruitment - Initial Hiring for New Business. So that Targeted
Job Applicants are made aware of the availability of On-Site Jobs, at least 30 days
before recruitment (“Advanced Recruitment Period”) is opened up to general
circulation for the initial hiring by a new business, the Commercial Operator shall
advertise available On-Site Jobs in the Santa Monica Daily Press, or Santa
Monica Police Activity League or similar organization, or similar local media and
electronically on a City-sponsored website, if such a resource exists. In addition,
the Commercial Operator shall consult with and provide written notice to at least
two first source hiring organizations, which may include but are not limited to the
following:
(i) Local first source hiring programs
(ii) Trade unions
(iii) Apprenticeship programs at local colleges
(iv) Santa Monica educational institutions
(v) Other non-profit organizations involved in referring eligible applicants for
job opportunities
The Commercial Operator shall hold the positions open for no more than 30 days in order to
allow for referrals from the first source hiring organizations. The Commercial Operator
shall review information provided by the selected organizations with respect to all applicants
referred by such organizations and interview those individuals, who, following a review of
such information, are determined by the Commercial Operator to meet the Commercial
Operator’s written minimum qualifications for the position. The Commercial Operator shall
maintain a written record explaining the reasons for not selecting any individual referred to
Commercial Operator by the selected organizations who was interviewed by Commercial
Operator for the position.
F-7
c. Advanced Local Recruitment - Subsequent Hiring. For subsequent employment
opportunities, the Advanced Recruitment Period for Targeted Job Applicants can
be reduced to at least 7 days before recruitment is opened up to general
circulation. Alternatively, Commercial Operator may also use an established list
of potential Targeted Job Applicants of not more than one year old.
d. Obligations After Completion of Advanced Recruitment Period. Once these
advanced local recruitment obligations have been met, the Commercial Operator
is not precluded from advertising regionally or nationally for employees.
7. Hiring. The Commercial Operator shall consider in good faith all applications submitted
by Targeted Job Applicants for On-Site Jobs in accordance with their normal practice to
hire the most qualified candidate for each position and shall be make good faith efforts to
hire Targeted Job Applicants when such Applicants are most qualified or equally
qualified as other applicants. The City acknowledges that the Commercial Operator shall
determine in their respective subjective business judgment whether any particular
Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted
Job Applicant has applied.
8. Proactive Outreach. Developer shall designate a “First-Source Hiring Coordinator”
(FHC) that shall manage all aspects of the Local Hiring Policy. The FHC shall be
responsible for actively seeking partnerships with local first-source hiring organizations
prior to employment opportunities being available. The FHC shall also be responsible for
encouraging and making available information on first-source hiring to respective
commercial tenants of the Project. The FHC shall contact new employers on the Project
site to inform them of the available resources on first-source hiring. In addition to
implementation of the Local Hiring Policy, the FHC can have other work duties unrelated
to the Local Hiring Policy.
9. Term. The Local Hiring Policy shall apply for the life of the Project.
10. Condition of Lease. Developer shall write the requirements of this program into any
leases executed with Employers. The FHC shall reach out to Employers not less than
once each calendar quarter to remind them of the programs and policies. Employers shall
have ultimate responsibility for adherence to the program guidelines. Failure of an
Employer to comply with the requirements of this program shall not constitute a Default
by any Developer under this Agreement so long as such Employer's lease requires such
compliance and such Developer is actively pursuing all necessary enforcement actions to
bring such Employer into compliance with this lease provision.
G-1
EXHIBIT "G"
CONSTRUCTION MITIGATION OBLIGATIONS
Construction Period Mitigation
1. A construction period mitigation plan shall be prepared by the applicant for approval by
the following City departments prior to issuance of a building permit: PWD; Fire;
Planning and Community Development; and Police. 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. Indicate where any cranes are to be located for erection/construction;
c. Describe how much of the public street, alleyway, or sidewalk is proposed to be
used in conjunction with construction;
d. Set forth the extent and nature of any pile-driving operations;
e. Describe the length and number of any tiebacks which must extend under the
public right-of-way and other private properties;
f. Specify the nature and extent of any dewatering and its effect on any adjacent
buildings;
g. Describe anticipated construction-related truck routes, number of truck trips,
hours of hauling and parking location;
h. Specify the nature and extent of any helicopter hauling;
i. State whether any construction activity beyond normally permitted hours is
proposed;
j. Describe any proposed construction noise mitigation measures, including
measures to limit the duration of idling construction trucks;
k. Describe construction-period security measures including any fencing, lighting,
and security personnel;
l. Provide a grading and drainage plan;
m. Provide a construction-period parking plan which shall minimize use of public
streets for parking;
n. List a designated on-site construction manager;
G-2
o. Provide a construction materials recycling plan which seeks to maximize the
reuse/recycling of construction waste;
p. Provide a plan regarding use of recycled and low-environmental-impact materials
in building construction; and
q. Provide a construction period urban runoff control plan.
Ongoing Requirements throughout the Period of Construction
2. The following requirements shall be maintained throughout the period of the Project’s
construction:
a. A detailed traffic control plan for work zones shall be maintained which includes
at a minimum accurate existing and proposed: parking and travel lane
configurations; warning, regulatory, guide and directional signage; and area
sidewalks, bicycle lanes and parking lanes. The plan shall include specific
information regarding the project’s construction activities that may disrupt normal
pedestrian and traffic flow and the measures to address these disruptions. Such
plans must be reviewed and approved by the Transportation Management
Division prior to commencement of construction and implemented in accordance
with this approval.
b. Work within the public right-of-way shall be performed between 9:00 AM and
4:00 PM, including: dirt and demolition material hauling and construction
material delivery. Work within the public right-of-way outside of these hours
shall only be allowed after the issuance of an after-hours construction permit.
c. Streets and equipment shall be cleaned in accordance with established PWD
requirements.
d. Trucks shall only travel on a City approved construction route. Truck
queuing/staging shall not be allowed on Santa Monica streets. Limited queuing
may occur on the construction site itself.
e. Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be on-site, with a minimum amount of materials within
a work area in the public right-of-way, subject to a current Use of Public Property
Permit.
f. Any requests for work before or after normal construction hours within the public
right-of-way shall be subject to review and approval through the After Hours
Permit process administered by the Building and Safety Division.
g. Off-street parking shall be provided for construction workers. This may include
the use of a remote location with shuttle transport to the site, if determined
necessary by the City of Santa Monica.
G-3
Project Coordination Elements That Shall Be Implemented Prior To Commencement of
Construction
3. Developer shall implement the following measures before construction is commenced:
a. The traveling public shall be advised of impending construction activities (e.g.
information signs, portable message signs, media listing/notification,
implementation of an approved traffic control plan).
b. Any construction work requiring encroachment into public rights-of-way, detours
or any other work within the public right-of-way shall require approval from the
City through issuance of a Use of Public Property Permit, Excavation Permit,
Sewer Permit or Oversize Load Permit, as well as any Caltrans Permits required.
c. Timely notification of construction schedules shall be given to all affected
agencies (e.g., Big Blue Bus, Police Department, Fire Department, Department of
Public Works, and Planning and Community Development Department) and to all
owners and residential and commercial tenants of property within a radius of 1000
feet.
d. Construction work shall be coordinated with affected agencies in advance of start
of work. Approvals may take up to two weeks per each submittal.
e. The Strategic Transportation Planning Division shall approve of any haul routes,
for earth, concrete or construction materials and equipment hauling.
Air Quality
4. 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:
a. 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.
b. 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.
c. All active portions of the construction site shall be sufficiently watered three
times a day to prevent excessive amounts of dust.
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d. 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.
Install wheel washers where vehicles enter and exit the construction site onto
paved roads or wash off trucks and any equipment leaving the site each trip.
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.
e. 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.
f. 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.
g. Soil stockpiles shall be covered, kept moist, or treated with soil binders to
prevent dust generation.
h. Cease all grading, earth moving or excavation activities during periods of high
winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to
prevent excessive amounts of dust. Securely cover all material transported on and
off-site to prevent excessive amounts of dust.
i. Limit on-site vehicle speeds to 15 mph.
j. Sweep streets at the end of the day using SCAQMD Rule 1186 certified street
sweepers or roadway trucks if visible soil is carried onto adjacent public paved
roads (recommend water sweepers with reclaimed water).
k. Appoint a construction relations officer to act as a community liaison concerning
on-site construction activity including resolution of issues related to PM10
generation.
5. Construction equipment used on the site shall meet the following conditions in order to
minimize NOx and ROC emissions:
a. Diesel-powered equipment such as booster pumps or generators should be
replaced by electric equipment to the extent feasible; and
b. The operation of heavy-duty construction equipment shall be limited to no more
than 5 pieces of equipment at one time.
c. Developer shall ensure that architectural coatings used on the Project comply with
SCAQMD Rule 1113, which limits the VOC content or architectural coatings.
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Noise Attenuation
6. All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
7. Electrical power shall be used to run air compressors and similar power tools.
8. 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.
9. Pile driving, excavation, foundation-laying, and conditioning activities (the noisiest
phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00
PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa
Monica Municipal Code.
10. For all noise generating construction activity on the project site, additional noise
attenuation techniques shall be employed to reduce noise levels at to 83 dB or less from
8:00 to 6:00 PM weekdays and 9:00 AM to 5:00 PM Saturdays. Per the Noise Ordinance,
construction noise may exceed 83 dB if it only occurs between 10:00 AM and 3:00 PM.
Such techniques may include, but are not limited to, the use of sound blankets on noise
generating equipment and the construction of temporary sound barriers around the
perimeter of the project construction site.
Construction Period
11. 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.
12. During construction, a security fence eight feet in height shall be maintained around the
perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.
13. 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.
14. 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 develope r
who will respond to complaints related to the proposed construction. The notice shall be
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mailed to property owners and residents of the neighborhood within 1000 feet of the
Project at least five (5) days prior to the start of construction.
15. 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.
16. A copy of these conditions shall be posted in an easily visible and accessible location a t
all times during construction at the project site. The pages shall be laminated or otherwise
protected to ensure durability of the copy.
17. No construction-related vehicles may be parked on the street at any time or on the subject
site during periods of peak parking demand. For the duration of construction, all
construction-related vehicles must be parked for storage purposes either on-site or at on
offsite location on a private lot. The offsite location shall be approved as part of the
Department of Environmental and Public Works review of the construction period
mitigation plan and by the Department of City Planning if a Temporary Use Permit is
required.
18. In accordance with Municipal Code Section 4.12.120, the project applicant shall be
required to post a sign informing all workers and subcontractors of the time restrictions
for construction activities. The sign shall also include the City telephone numbers where
violations can be reported and complaints associated with construction noise can be
submitted. Construction period signage shall be subject to the approval of the
Architectural Review Board.
H-1
EXHIBIT “H”
ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
Armbruster & Goldsmith, LLP
11611 San Vicente Blvd., Suite 900
Los Angeles, CA 90049
Attn: Howard Weinberg, Esq.
________________________________________________________________________
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and
entered into by and between ___________________________, a California limited liability
company (“Assignor”), and ________________________, a __________________
(“Assignee”).
R E C I T A L S
A. The City of Santa Monica (“City”) and Assignor entered into that certain
Development Agreement dated _______________, 201_ (the “Development Agreement”), with
respect to the real property located in the City of Santa Monica, State of California more
particularly described in Exhibit “A” attached hereto (the “Project Site”).
B. Assignor has obtained from the City certain development approvals and permits
with respect to the development of the Project Site, including without limitation, approval of the
Development Agreement for the Project Site (collectively, the “Project Approvals”).
C. Assignor intends to sell, and Assignee intends to purchase, the Project Site.
D. In connection with such purchase and sale, Assignor desires to transfer all of the
Assignor’s right, title, and interest in and to the Development Agreement and the Project
Approvals with respect to the Project Site. Assignee desires to accept such assignment from
Assignor and assume the obligations of Assignor under the Development Agreement and the
Project Approvals with respect to the Project Site.
THEREFORE, the parties agree as follows:
1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor’s
right, title, and interest in and to the Development Agreement and the Project Approvals with
respect to the Project Site. Assignee hereby accepts such assignment from Assignor.
2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill
all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled
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by Assignor under the Development Agreement and the Project Approvals with respect to the
Project Site.
3. Effective Date. The execution by City of the attached receipt for this Agreement
shall be considered as conclusive proof of delivery of this Agreement and of the assignment and
assumption contained herein. This Agreement shall be effective upon its recordation in the
Official Records of Los Angeles County, California, provided that Assignee has closed the
purchase and sale transaction and acquired legal title to the Project Site.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates set forth next to their signatures below.
“ASSIGNOR”
_________________________________
a California limited liability company
“ASSIGNEE”
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RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the
City of Santa Monica on this ___ day of ________________, ________.
CITY OF SANTA MONICA
___________________________________
By: _______________________________
Planning Director
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EXHIBIT “I”
ALCOHOL CONDITIONS
(1) The primary use of the Restaurant premises shall be for sit-down meal service to
patrons.
(2) If a counter service area is provided in the Restaurant, food service shall be
available at all hours the counter is open for patrons, and the counter area shall not function as a
separate bar area.
(3) Window or other signage visible from the public right-of-way that advertises the
Restaurant’s beer or alcohol shall not be permitted.
(4) Customers shall be permitted to order meals at all times and in all areas of the
Restaurant where alcohol is being served. The Restaurant shall serve food to patrons during all
hours the restaurant is open for customers.
(5) The Restaurant shall maintain a kitchen or food-serving area in which a variety of
food is prepared on the premises.
(6) Take out service from the Restaurant shall be only incidental to the primary sit-
down use and does not include for the sale or dispensing of alcoholic beverages or beer or wine.
(7) No alcoholic beverages shall be sold or dispensed for consumption beyond the
Restaurant premises.
(8) Except for special events, alcohol shall not be served by the Restaurant in any
disposable containers such as disposable plastic or paper cups.
(9) No more than three television screens including video projectors or similar
audio/visual devices shall be utilized on the premises. None of these televisions or projection
surfaces shall exceed 60 inches measured diagonally;
(10) No video or other amusement games shall be permitted in the Restaurant.
(11) Entertainment may only be permitted in the manner set forth in SMMC Section
9.31.290, Restaurants with Entertainment, or any successor thereto.
(12) The primary use of any outdoor dining area shall be for seated meal services.
Patrons who are standing in any outdoor seating area shall not be served.
(13) The Restaurant operation shall at all times be conducted in a manner not
detrimental to surrounding properties by reason of lights, noise, activities or other actions. The
Restaurant shall control noisy patrons leaving the Restaurant.
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(14) The permitted hours of alcoholic beverage service shall be 9:00AM to 11:00PM
Sunday through Thursday, 9:00AM to 12:00AM Friday through Saturday with complete closure
and all Restaurant employees vacated from the Building no later than one hour after permitted
hours of alcoholic beverage service. All alcoholic beverages must be removed from the outdoor
dining areas no later than 10:00PM Sunday through Thursday and 11:00PM Friday and Saturday.
No after hours operation of the Restaurant is permitted.
(15) No more than thirty-five percent (35%) of the Restaurant’s total gross revenues
per year shall be from alcohol sales. The Restaurant operator shall maintain records of gross
revenue sources which shall be submitted annually to the City’s Planning Division at the
beginning of the calendar year and also available to the City and the ABC upon request.
(16) Bottle service shall mean the service of any full bottle of liquor, wine, or beer of
more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to
then make their own drinks or pour their own wine or beer. Liquor bottle service shall be
prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service
is provided concurrent with the Bottle service. All food items shall be available from the full
service menu.
(17) No organized queuing of patrons at the entry or checking of identification to
control entry into and within the establishment shall be permitted. There shall not be any age
limitation imposed restricting access to any portion of the restaurant.
(18) The Restaurant shall not organize or participate in organized “pub-crawl” events
where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic
beverages at the restaurant.
(19) Establishments with amplified music shall be required to comply with Section
4.12, Noise, of the Santa Monica Municipal Code.
(20) Prior to occupancy a Restaurant security plan shall be submitted to the Chief of
Police for review and approval. The plan shall address both physical and operational security
issues.
(21) Prior occupancy the Restaurant operator shall submit a plan for approval by the
City regarding employee alcohol awareness training programs and policies. The plan shall
outline a mandatory alcohol-awareness training program for all Restaurant employees having
contact with the public and shall state management’s policies addressing alcohol consumption
and inebriation. The program shall require all Restaurant employees having contact with the
public to complete an ABC-sponsored alcohol awareness training program within ninety days of
the effective date of the alcohol exemption determination. In the case of new Restaurant
employees, the employee shall attend the alcohol awareness training within ninety days of hiring.
In the event the ABC no longer sponsors an alcohol awareness training program, all Restaurant
employees having contact with the public shall complete an alternative program approved by the
City. The Restaurant operator shall provide the City with an annual report regarding compliance
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with this requirement. The Restaurant operator shall be subject to any future citywide alcohol
awareness training program affecting similar establishments.
(22) Within thirty days from the date of submission of the written agreement, the
Restaurant applicant shall provide a copy of the signed agreement to the local office of the State
Department of Alcoholic Beverage Control (ABC).
(23) Prior to occupancy, the Restaurant operator shall submit a plan describing the
establishment’s designated driver program, which shall be offered by the operator to the
Restaurant’s patrons. The plan shall specify how the Restaurant operator will inform patrons of
the program, such as offering on the menu a free non-alcoholic drink for every party of two or
more ordering alcoholic beverages.
(24) Notices shall be prominently displayed urging patrons to leave the premises and
neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways
in the neighborhood.
(25) Employees of the establishment shall walk a 100-foot radius from the facility at
some point prior to 30 minutes after closing and shall pick up and dispose of any discarded
beverage containers and other trash left by patrons.
(26) The exemption shall apply to approved and dated plans, 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. Minor
amendments to the plans shall be subject to approval by the City.
(27) The Restaurant operator authorizes reasonable City inspection of the Restaurant to
ensure compliance with the conditions set forth in this Exhibit “I” and will bear the reasonable
cost of these inspections as established by SMMC Section 2.72.010 and Resolution No. 9905
(CCS) of any successor legislation hereto. These inspections shall be no more intrusive as
necessary to ensure compliance with this Exhibit “I”.
Acknowledgement of Restaurant Operator
I hereby agree to the above conditions of approval and acknowledge that failure to comply with
such conditions shall constitute grounds for potential revocation of the approval to dispense
alcoholic beverages.
______________________ _____________________
Print Name and Title Date
_______________________
Signature
J-1
EXHIBIT “J”
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1901 Main Street, First Floor
Santa Monica, CA 90401
Attention: Housing Administrator___________________________________________
Space Above This Line For Recorders Use
No Recording Fee Required
Government Code Section 27383
AGREEMENT IMPOSING RESTRICTIONS
ON RENTS & OCCUPANCY OF REAL PROPERTY
THIS AGREEMENT IMPOSING RESTRICTIONS ON RENTS & OCCUPANCY
OF REAL PROPERTY, entered into this [____] day of [month, 20--], by and between
the CITY OF SANTA MONICA, a Municipal Corporation (hereinafter the "City"), and
NMS1550LINCOLN, LLC, a [California Limited Liability Company] (hereinafter the
"Developer"), is made with reference to the following:
R E C I T A L S:
A. Developer is the owner of certain real property located at 1550 Lincoln
Boulevard in the City of Santa Monica, in the County of Los Angeles, California
(hereinafter referred to as the "Subject Property"). The Subject Property is more
particularly described in Exhibit "A" which is attached hereto and incorporated herein by
this reference.
B. Developer wishes to construct a five (5) story, sixty (60) foot mixed use
project consisting of 100 residential rental units (hereinafter referred to as the "Project").
The City has approved a Development Agreement for the Project, which requires this
AGREEMENT IMPOSING RESTRICTIONS ON RENTS & OCCUPANCY OF REAL
PROPERTY ("Agreement") to be fully executed, acknowledged, and recorded
concurrently with the Development Agreement. The City approved the Development
Agreement subject to the conditions of this Agreement, which are imposed for the
benefit of the City, the public and surrounding landowners and without which the
Development Agreement would not be approved.
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C. The Project is subject to the covenants in the Development Agreement, and
the requirements of the City's Affordable Housing Production Program, Santa Monica
Municipal Code Chapter 9.64, and the Administrative Guidelines for Chapter 9.64, as
they may be amended from time to time (all collectively, referenced herein as
"Affordability Restrictions"). The Developer has agreed to satisfy the Affordability
Restrictions by fully complying with this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. RECITALS.
The Recitals stated above, and any agreements between the City and Developer
referenced therein, including the Development Agreement, are hereby incorporated by
reference into this Agreement and adopted by the parties to this Agreement as true and
correct.
2. DEFINITIONS.
2.1 “Affordable Units” means dwelling units within the Project that are
available to and occupied by Fifty Percent Income Households and Eighty Percent
Income Households at Affordable Rent.
2.2 “Affordable Rent” means:
(a) For thirty percent income households, the product of thirty percent times
thirty percent of the area median income adjusted for household size appropriate for the
unit.
(b) For fifty percent income households, the product of thirty percent times fifty
percent of the area median income adjusted for household size appropriate for the unit.
(c) For eighty percent income households whose gross incomes exceed the
maximum incomes for fifty percent income households, the product of thirty percent
times sixty percent of the area median income adjusted for household size appropriate
for the unit.
2.3 “Area Median Income or AMI” means the median family income
published from time to time by the United States Department of Housing and Urban
Development ("HUD") for the Los Angeles-Long Beach Metropolitan Statistical Area.
2.4 “Eighty Percent Income Household” means a household whose gross
income does not exceed the eighty percent income limits applicable to the Los Angeles -
Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as
published and periodically updated by HUD. Eighty Percent Income Households
include Fifty Percent Income Households.
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2.5 “Fifty Percent Income Household” means a household whose gross
income does not exceed the fifty percent income limits applicable to the Los Angeles -
Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as
published and periodically updated by HUD. Fifty percent income households include
Thirty Percent Income Households.
2.6 “Life of the Project” shall mean a period commencing on the date of
Certificate of Occupancy is issued for the Project and ending on the date which is fifty-
five (55) years from Certificate of Occupancy for the Project; provided, however, that if
the Project is damaged or destroyed and cannot be rebuilt in accordance with the
development standards permitted in this Agreement, then the Life of the Project shall be
deemed to have ended as of the date of such damage or destruction.
2.7 “Rent” has the same meaning as provided in title 25, section 6918 of the
California Code of Regulations, as amended from time to time in accordance with law.
2.8 “Thirty Percent Income Household” means a household whose gross
income does not exceed the thirty percent income limits applicable to the Los Angeles -
Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as
published and periodically updated by HUD.
3. CONTRACT WITH CITY.
Developer hereby acknowledges that in consideration for the benefits accorded
to Developer under the Development Agreement, Developer has entered into this
Agreement with the City and agreed on behalf of itself and its successors and assigns
to abide by the terms of this Agreement. During the term of this Agreement, Developer
shall provide and maintain twenty (20) Affordable Units on the Subject Property for
occupancy by qualified households who meet the requirements specified in this
Agreement. The parties agree and ackno wledge that this is a contract providing forms
of assistance to the Developer within the meaning of Civil Code Section 1954.52 (b) and
Government Code Section 65915 et seq.
4. DEVELOPER TO PROVIDE AND MAINTAIN TWENTY (20) AFFORDABLE
UNITS.
(a) Upon issuance of a Certificate of Occupancy for the Project, Developer
shall provide and maintain twenty (20) Affordable Units on the Subject Property, as
follows:
Ten (10) one-bedroom Affordable Units shall be available to and occupied by
Fifty Percent Income Households at Affordable Rent.
Five (5) two-bedroom Affordable Units shall be available to and occupied by Fifty
Percent Income Households at Affordable Rent.
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Five (5) two-bedroom Affordable Units shall be available to and occupied by
Eighty Percent Income Households at Affordable Rent.
Developer shall submit plans to the City's Building Official, identifying the unit
numbers and exact locations of all of the Affordable Units. The submittal of these plans
with the required identification of Affordable Units shall be a condition precedent to
Developer's obtaining a building permit for the Project.
(b) The Affordable Units shall be rental units and the maximum rent shall be
calculated pursuant to the formula set forth in Section 5 of this Agreement.
(c) The City shall issue a Certificate of Occupancy for the Project ("Certificate")
expressly contingent upon compliance with the terms of this Agreement. A valid
Certificate shall be required at all times to continue to use or occupy the Project. A
breach of this Agreement shall be grounds for revoking the Certificate. The City shall
provide reasonable notice and an opportunity to cure any breach of this Agreement prior
to revoking the Certificate.
5. TERMS FOR THE RENTAL OF THE AFFORDABLE UNITS.
The maximum Affordable Rent for the twenty (20) Affordable Units on the
Subject Property shall be as follows:
(a) If the household is receiving a rental housing subsidy, the maximum
allowable rent shall be the lesser of the Affordable Rent calculated under subparagraph
(b) of this Section 5 or the payment standard authorized by the Santa Monica Housing
Authority.
(b) If the household is not receiving federal rental assistance as defined above,
the maximum allowable rent for the unit shall be calculated as follows:
For Fifty Percent Income Households
Area Median Income x 50% x Bedroom Adjustment Factor x 30% = Maximum
Affordable Rent (Annual).
For Eighty Percent Income Households
Area Median Income x 60% x Bedroom Adjustment Factor x 30% = Maximum
Affordable Rent (Annual).
The Maximum Allowable Rent figures must be divided by twelve to determine the
maximum allowable monthly rent.
The formula for the calculation of rents as of t he date of this Agreement is as
follows:
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(c) Area Median Income - As periodically published by HUD, currently $64,800
(for a family of four).
(d) Bedroom Adjustment Factors
0 Bedroom .7 3 Bedrooms 1.00
1 Bedroom .8 4 Bedrooms 1.08
2 Bedroom .90
(e) Affordable Rents 2015, to be updated annually1
1-BR 2-BR
Fifty Percent Income Household $648 $729
Eighty Percent Income Household $778 $875
(f) In the event the standards for establishing the monthly rental rate of the
Affordable Units set forth in Section 5 cease to exist, the parties shall substitute a
similar standard established by HUD or its successor governmental agency. If the
parties are unable to agree upon a substitute standard, the parties shall refer the choice
of the substitute standard to binding arbitration in accordance with the rules of the
American Arbitration Association.
(g) Minimum Occupancy Requirements
0 bedroom 1 occupant
1 bedroom 1 occupants
2 bedroom 2 occupants
3 bedrooms 3 occupants
4 bedrooms 5 occupants
6. HOUSEHOLD ADJUSTMENT FACTORS.
The Household Adjustment Factors are as follows:
1 person 0.7
2 persons 0.8
3 persons 0.9
4 persons 1.0
5 persons 1.08
6 persons 1.16
7 persons 1.24
1 These numbers include the utility allowance adopted by the City's Housing Authority for 2015, and is
adjusted annually thereafter.
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8 persons 1.32
Developer agrees to make reasonable efforts to rent vacant Affordable Units
within sixty days.
7. TENANT SELECTION.
Developer shall select households from the City-developed list of income
qualified households. Only households selected from the City-developed list of income
qualified households shall occupy any of the Affordable Units.
8. CITY APPROVAL OF DOCUMENTS.
The Conditions, Covenants and Restrictions (CC&R's), if any, for the Subject
Property shall include reference to all applicable obligations and duties of the parties
created by this Agreement. The City Attorney of the City of Santa Monica shall approve
as to form the CC&R's prior to recordation of the final subdivision or parcel map for the
Subject Property.
Developer shall rent the Affordable Units pursuant to the terms and conditions of
a lease or rental agreement approved by the City. At least ninety days prior to the
expected completion date, Developer shall submit to the City Housing Division for
review a copy of the lease agreement to be used. In addition to any other provision
required by the City to ensure compliance with Chapter 9.64 and the Administrative
Guidelines for Chapter 9.64, as they may be amended from time to time, said lea se or
rental agreement shall contain a provision prohibiting subleasing of the Affordable Units
or revising the composition of the household without Developer's permission.
Developer shall not approve any change that renders the Affordable Units in
noncompliance with the household income requirements of this Agreement. The
addition to the household of minor children, a spouse, or registered domestic partner
shall not be deemed a change in the household requiring Developer's prior approval
pursuant to this Section.
Developer shall lease the Affordable Units concurrently with all other units in the
Project so as to avoid prolonged vacancy of the Affordable Units during lease -up of the
Project.
9. ATTORNEYS' FEES AND COSTS.
In the event of any controversy, claim or dispute between the parties hereto,
arising out of or relating to this Agreement or breach thereof, the prevailing party shall
be entitled to recover from the losing party reasonable expenses, attorneys' fees and
costs.
10. APPOINTMENT OF OTHER AGENCIES.
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The City may designate, appoint or contract with any other public agency to
perform City's obligations under this Agreement.
11. SEVERABILITY.
In the event any limitation, condition, restriction, covenant or provision contained
in this Agreement is held to be invalid, void or unenforceable by any court of competent
jurisdiction, the remaining portions of this Agreement shall, nevertheless, be and remain
in full force and effect.
12. NOTICES.
All notices required under this Agreement shall be sent by certified mail, return
receipt requested, to the following addresses:
TO THE CITY OF SANTA MONICA: City of Santa Monica
Planning and Community Development
Department
1685 Main Street, Room 212
Santa Monica, California 90401
Attention: Director, Planning and
Community Development Department
TO THE DEVELOPER: [enter developer name/address]
Any party may change the address to which notices are to be sent by notifying
the other parties of the new address, in the manner set forth above.
13. HOLD HARMLESS.
As between the City and the Developer, the Developer is deemed to assume
responsibility and liability for, and the Developer shall indemnify and hold harmless the
City and its City Council, boards and commissions, officers, agents, servants or
employees from and against any and all claims, loss, damage, charge or expense,
whether direct or indirect, to which the City or its City Council, boards and commissions,
officers, agents, servants or employees may be put or subjected, by reason o f any
damage, loss or injury of any kind or nature whatever to persons or property caused by
or resulting from or in connection with any act or action, or any neglect, omission or
failure to act when under a duty to act, on the part of the Developer or any of
Developer's officers, agents, servants, employees or subcontractors in his or their
performance hereunder.
14. BURDEN TO RUN WITH PROPERTY.
The covenants and conditions herein contained shall apply to and bind the heirs,
successors and assigns of all the parties hereto and shall run with and burden the
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Subject Property for the benefit of the City, the public and surrounding landowners, until
terminated in accordance with the provisions hereof. Developer shall expressly make
the conditions and covenants contained in this Agreement a part of any deed or other
instrument conveying any interest in the Subject Property.
15. SALE OR CONVERSION OF PROPERTY.
In the event of sale or conversion of the subject property, any Conditions,
Covenants and Restrictions (CC&R's) for the property, shall incorporate by reference all
obligations and duties of the parties created by this Agreement. Reporting obligations
set forth in Section 24 below, shall be set forth in the CC&R's if any, for the project.
16. PROHIBITION AGAINST DISCRIMINATION.
Developer agrees not to discriminate against any actual or potential occupant of
the subject property on the basis of sex, race, color, religion, ancestry, national origin,
sexual orientation, age, pregnancy, marital status, handicap, HIV, family composition, or
the potential or actual occupancy of minor children. Developer further agrees to take
affirmative action to ensure that no such person is discriminated against for any of the
aforementioned reasons.
17. STANDING TO ENFORCE AGREEMENT.
Violation of this Agreement may be enjoined, abated or remedied by appropriate
legal proceeding in a court of competent jurisdiction by any aggrieved party, including
but not limited to, the parties hereto, or their respecti ve successors, heirs and assigns.
The right to specific performance of this Agreement shall be an appropriate
remedy for a breach of this Agreement because of the uniqueness of the Property and
the inherent difficulty in calculating adequate damages.
18. INTEGRATED AGREEMENT.
This Agreement constitutes the entire agreement between the parties and no
modification hereof shall be binding unless reduced to writing and signed by the parties
hereto.
19. APPLICABLE LAW .
All questions pertaining to the validity and interpretation of this Agreement shall
be determined in accordance with the laws of California applicable to contracts made to
and to be performed within the State.
20. CITY AUTHORITY TO ENFORCE LAW
J-9
The obligation of the Owner pursuant to this Agreement are in addition to, and in
no way limit, the authority of the City to enforce all laws and regulation applicable to the
Subject Property. Nothing in this Agreement shall limit the authority of the City to take
appropriate action to enforce the terms of any permit issued by the City relating to the
Subject Property.
21. DURATION OF AGREEMENT.
This Agreement shall terminate and become null and void after the greater of
fifty-five (55) years from issuance of the Certificate of Occupancy or the Life of the
Project and shall survive termination of the Development Agreement. In the event of any
conflict between the provisions of this Agreement and the Development Agreement, the
most stringent interpretation favoring the City shall prevail.
22. AMENDMENT OF AGREEMENT.
This Agreement, and any Section, subsection, or covenant contained herein,
may be terminated or amended only upon the written consent of all parties hereto.
23. RECORDING OF AGREEMENT.
The parties hereto shall cause this Agreement to be recorded concurrently with
the Development Agreement in the Official Records of the County of Los Angeles.
24. YEARLY REPORT.
Developer shall issue a written report to City on an annual basis commen cing
one year from the date of issuance of the Certificate of Occupancy and continuing
thereafter throughout the term of the Agreement. The report shall state the rent level
then being charged for the Affordable Units, whether the occupants are assisted b y a
rental housing subsidy program, the number of occupants in the household, whether
there have been any changes in the composition of the household, whether any
vacancies have occurred during the reporting year, any changes in income of the
residents of the affordable units, and such other information as may be required by City
staff.
25. COMPLIANCE MONITORING.
Pursuant to City of Santa Monica Resolution 10635 (CCS) and Santa Mon ica
Municipal Code Sections 9.64.050 and 9.64.060, Developer shall pay the reasonable
regulatory costs of ensuring compliance with this Agreement through a Compliance
Monitoring Fee, adopted and approved on November 22, 2011 and administratively
revised on an annual basis.
J-10
26. EARLY TERMINATION.
Notwithstanding Section 21, this Agreement shall terminate automatically and
concurrently with the Development Agreement, if the Development Agreement is
terminated because the Developer, or any of its successors and assigns, has not been
issued a building permit for the Project by the "Outside Building Permit Issuance Date"
as defined in the Development Agreement.
\\\
\\\
J-11
27. AUTHORITY TO EXECUTE.
The undersigned declare they have full authority to execute this Agreement on
behalf of Developer, and bind Developer to all the terms and conditions contained
herein.
[Note: document text needs to be part of signature page; set hard page breaks
when necessary]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST: “CITY”
CITY OF SANTA MONICA
a Municipal Corporation
___________________________
Sarah Gorman
City Clerk By: ____________________________
Rick Cole
APPROVED AS TO FORM: City Manager
SANTA MONICA CITY ATTORNEY
__________________________
MARSHA JONES MOUTRIE
City Attorney “DEVELOPER”
[Name], LLC
a California limited liability company
By_______________________
[name, and title, i.e. Manager, trustee,
owner etc]
Prepared by: Planner Name
Reference Number: XXDED-XXX
J-12
EXHIBIT A
LOT -----------, BLOCK ---------, TRACT ------------ IN THE CITY OF SANTA MONICA,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK XX PAGE XXX, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
(Insert Complete Legal Description)
APN ___________
Commonly Known As: [Street Address]
J-13
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF __________________ ss:
COUNTY OF ________________
On before me, , a Notary Public,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whi ch the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of _______________________ that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature (Seal)
K-1
EXHIBIT “K”
PUBLIC OPEN SPACE
ATTACHMENT C
Development Agreement Findings
1. The proposed Development Agreement is consistent with the objectives, policies,
general land uses and programs specified in the general plan and any applicable
specific plan, in that LUCE Goal B25 (Lincoln Boulevard Goals and Policies) seeks
redevelopment of Lincoln Boulevard as a district and visually -cohesive mixed-use
commercial boulevard. Specifically, Policy B25.5 encourages a lively streetscape
with places for people to socialize, where gathering spaces and plazas are
encouraged. The project includes expansive sidewalks and outdoor seating areas
that will support restaurant uses on the ground floor. Furthermore, the project
includes a 5,500 SF, 40-foot wide paseo and gathering space connecting Lincoln
Boulevard to the 7th Court Alley. Consistent with Policy B25.11, the mixed -use
project would include active ground floor uses that face the boulevard with
residential on upper floors. Further, the project will provide 20 affordable housing
units in proximity to the future light rail transit and employment center within the
Downtown core, consistent with Policy B25.13, which encourages affordable
housing in proximity to transit and major employment centers. The implementation
of a Transportation Demand Management (TDM) plan to reduce vehicle trips in the
area and associated parking demand is consistent with LUCE Circulation Policy
T19.2 which seeks appropriate TDM requirements for new development.
Furthermore, the project is consistent with LUCE’s overall land use policies by
providing community benefits for the area, including but not limited to, affordable
housing, and contributions that would support transportation, parks and recreation,
early childhood initiatives, and historic preservation programs in the City.
2. The proposed Development Agreement is compatible with the uses authorized in
the district in which the real property is located, in that the subject property is
located in the Mixed-Use Boulevard district that permits multi-family dwelling units
and commercial uses. The proposed Development Agreement is consistent with
LUCE Policy B25.11 in that the mixed-use project would include active
neighborhood serving retail/commercial uses that will be small -scale general or
specialty establishments primarily serving residents or employees of the
neighborhood, and would include but not be limited to retail or restaurant use. In
addition, ground floor uses will face the boulevard with residential on upper floors.
Further, the project will provide twenty affordable housing units in proximity to the
future light rail transit and employment center within the Downtown core, consistent
with Policy B25.13, which encourages affordable housing in proximity to transit and
major employment centers
3. The proposed Development Agreement is in conformity with the public necessity,
public convenience, general welfare, and good land use practices, in that it allows
for the redevelopment of an existing, underutilized property with a mixed -use
project that is compliant with the Land and Use Circulation Element vision for the
area. The proposed project replaces a restaurant and surface parking with 100
new residential units that will feature neighborhood-serving commercial uses on
the ground floor, and will provide community benefits including affordable housing,
and contributions that would support transportation, parks and recreation, early
childhood initiatives, and historic preservation programs in the City. Further, the
project seeks to be consistent with the City’s sustainability goals by committing to
LEED® for Homes Platinum certification, the use of renewable sources for heating
the roof-top pool, powering the project’s common areas with solar energy, using
non-potable water sources for landscape irrigation, and committing to indoor water
use of 30% below CALGreen baseline standards.
4. The proposed Development Agreement will not be detrimental to the health, safety
and general welfare, in that the agreement would allow for the redevelopment of
an existing, underutilized parcel with a use that is compliant with the Land and Use
Circulation Element vision for the area. The proposed project will be located in an
urbanized area and is consistent with other similar improvements in the area, and
does not have the potential to disrupt the urban environment or cause health or
safety problems. The proposed project provides 100 new residential units and will
feature neighborhood serving commercial uses on the ground floor, and will
provide community benefits including affordable housing, and contributions that
would support transportation, parks and recreation, early childhood initiatives, and
historic preservation programs in the City.
5. The proposed Development Agreement will not adversely affect the orderly
development of the property, in that the Development Agreement is contingent
upon the review and approval of a specific site plan consistent with recognized
urban design principles that reflect the goals and policies of the City of Santa
Monica which were established through a long range planning process and are
reflected in the Land Use and Circulation Element of the City’s General Plan.
6. The proposed Development Agreement will result in revenue of approximately
$18,600 per year to the City’s General Fund. In addition, the project would provide
an estimated $2.3 million in monetary contributions that would support
transportation, parks and recreation, big blue bus, transportation management
association, early childhood initiatives, affordable housing, water conservation,
and historic preservation programs in the City. Further, the affordable housing units
provide an estimated $6.2M value to the City based on the 2014 -15 affordable
housing unit development costs, and the ground floor commercial uses would
generate City business license taxes towards the City’s general fund.
ATTACHMENT D
Development Standards
Project Compliance Table and
Description of Non-Compliant Areas
Development
Standard
LUCE / MUB
Zoning District
Draft
DSP
Proposed
Project Compliance
Height / Stories
LUCE: Tier 3
55 feet (or up to 60
feet with
corresponding
decrease in FAR
above 55 feet)
MUB Tier 2
50’ / Unlimited
Stories
60’ / Unspecified
(Tier 3)
60’ / 5 Stories
(Tier 3)
LUCE: Yes
DSP: Yes
MUB: No
Floor Area Ratio
(FAR)
Basement Commercial SF
(P1, P2, P3) exempted as
FA, per IZO 2466 and
updated ZO.
LUCE: Tier 3
2.75 or
corresponding
decrease in FAR
above 55 feet with
proposed building
height of 60 feet.
MUB Tier 2
2.25 FAR
2.75 w/housing
2.73 w/housing
(102,500 SF)
LUCE: Yes
DSP: Yes
MUB: No
Minimum/Maximum
1st Story Street Wall
Height:
LUCE MUB:
(N/A, Defined in
ZO)
MUB Tier 2
Min: 15’
Max: 20’
N/A Min: 15’
Max: 18’
LUCE: N/A
DSP: N/A
MUB: Yes
Maximum Building
Footprint
LUCE MUB:
N/A
MUB Tier 2
35,000 SF
N/A
Max. Bldg
Footprint:
4th Floor
(21,200 SF)
LUCE: N/A
DSP: N/A
MUB: Yes
Development
Standard
LUCE / MUB
Zoning District
Draft
DSP
Proposed
Project Compliance
Minimum Upper-
Story Setbacks
LUCE MUB:
N/A
MUB Tier 2
5’ Average (street
facing facades)
N/A
Above Max 20’
1st story street
wall height: 0’
average
setback:
LUCE: N/A
DSP: N/A
MUB: No
Residential Unit Mix
LUCE MUB:
N/A
MUB Tier 2
15% 3BR
20% 2BR
Max 15% Studio
N/A
7% Studio
39% One Bed
44% Two Bed
10% Three Bed
LUCE: N/A
DSP: N/A
MUB: No
Loft/Studio / % / Ave.Size - - 7 / 7% / 665 SF
1-Bed / % / Ave.Size - - 39 / 39% / 625 SF
2-Bed / % / Ave.Size - - 44 / 44% / 915 SF
3-Bed / % / Ave.Size - - 10 / 10%/ 1,135 SF
Affordable Unit Mix
5% for 30% income
households (5
units) or 10% for
50% income
households (10
units) or 20% for
80% income
households (20
units)
-
15% of units for
50% income
households
10- one-bed units
5- two-bed units
(all units must be 2-
bed, per AHPP)
5% of units for 80%
income households
5- two-bed units
Combined 20%
package would
comply with
AHPP
percentage
requirements,
however not
with minimum
size
requirement of
10% of units
for 50%
income
households to
be two-
bedroom units.
Commercial
Ground Floor
Frontage/Commercial
Space Depth
LUCE MUB:
N/A
MUB Tier 2
N/A
60% / 50’ depth
average
Min 60% / less
than 50’ depth
average
LUCE: N/A
DSP: No
MUB: N/A
Commercial Ground
Fl. to Fl. Height
15’ min. 18’ min. 18’ min.
LUCE: N/A
DSP: Yes
MUB: Yes
Residential Ground
Floor to Floor/ Upper
LUCE MUB:
N/A
11’ / 8’
Ground Floor Res
(Lofts): 16’-0”
LUCE: N/A
DSP: Yes
MUB: N/A
Development
Standard
LUCE / MUB
Zoning District
Draft
DSP
Proposed
Project Compliance
Residential Floor to
Ceiling Height
MUB Tier 2
N/A
Floors 2-5 Res
Floor to Ceiling:
8’-0” min
Floor Plate Ratios
LUCE MUB:
N/A
MUB Tier 2
N/A
3rd Floor 90% 3rd
Floor 56%
LUCE: N/A
DSP: Yes
MUB: N/A
4th Floor 75% 4th
Floor 57%
5th Floor 55% 5th
Floor 51%
Building Frontage
Line: Widened
Sidewalk
LUCE MUB:
N/A
MUB Tier 2
N/A
Lincoln Blvd: 20’
Colorado Ave: 20’
Lincoln Blvd:
22’ to 32’-5”
Colorado Ave:
20’ to 42’
LUCE: N/A
DSP: Yes
MUB: N/A
Open Space
LUCE MUB:
N/A
MUB Tier 2
Min Outdoor
Space: 100/unit
(10,000 SF)
30% of lot area
20% lot area
provided at-
grade.
46 % total
(17,275 SF)
67% total
(including roof
deck)
20.7% at-grade
(7,775 SF)
Outdoor Space:
(17,275 SF)
Private Outdoor
Space: (5,000 SF)
LUCE: N/A
DSP: Yes
MUB: Yes
Private Open Space
SF Average
LUCE MUB:
N/A
MUB Tier 2
Min Private
Outdoor Space:
60/unit (6,000 SF)
N/A
100 balconies @
50 SF average
per unit.
Private Outdoor
Space: (5,000 SF)
LUCE: N/A
DSP: N/A
MUB: No
(private
space)
Loft/Studio Units - - 50 SF
1-Bed Units - - 50 SF
2-Bed Units - - 50 SF
Development
Standard
LUCE / MUB
Zoning District
Draft
DSP
Proposed
Project Compliance
3-Bed Units - - 50 SF
Parking
Updated ZO:
176 residential
80 commercial
256 total
121 residential
53 commercial
174 total
146 residential
86 commercial
232 total
LUCE: N/A
DSP: Yes
MUB: No
Bike Parking
Long-Term:
Short-Term:
164 residential
4.5 commercial
169 total
16.4 residential
3.4 commercial
19.8 total
164 residential
9.1 commercial
173 total
16.4 residential
13.7 commercial
30 total
164 residential
9 commercial
173 total
16 residential
14 commercial
30 total
LUCE: N/A
DSP: Yes
MUB: Yes
LUCE: N/A
DSP: Yes
MUB: Yes
LEED Certification
LUCE MUB:
N/A
MUB Tier 2
N/A
LEED Gold or
CalGreen Tier 2
green building
standards
LEED Platinum
LUCE: N/A
DSP: Yes
MUB: N/A
Mixed-Use Boulevard LUCE & Mixed-Use Boulevard Zoning District Non-Compliance:
As proposed, the project is inconsistent with the following updated Zoning Ordinance
development standards for the Mixed-Use Boulevard (MUB) zoning district:
1. Building Height (50 Feet): The proposed project is 60 feet in height and therefore
exceeds the maximum building height established for a Tier 2 project under the
Mixed-use Boulevard district by 10 feet. Consistency with this requirement would
result in a four-story mixed-use building due to the height limitation. The
development agreement seeks an additional 10 feet which allows the project to
provide an additional floor of residential units. Although inconsistent with the
underlying MUB zoning requirements, the project is consistent with the LUCE
maximum MUB height of 60 feet.
2. Floor Area Ratio (2.25 FAR): The proposed project consists of 102,500 SF with
a floor area ratio of 2.73. This exceeds the amount of floor area that can be
achieved compared to a Tier 2 project in the MUB by 18,125 SF. Although
inconsistent with the underlying MUB zoning requirements, the project is
consistent with the floor area ratio (2.75) established by the LUCE Mixed -Use
Boulevard.
3. Minimum Upper-Story Setbacks (5’ Average): Above the podium level/first story,
the building consists of recessed balconies through floors 2-5, and the box frame
projections provide a consistent building volume on upper residential floors.
Relief from this particular standard allows for flexibility in design, resulting in a
series of interlocking box-frame projections and recessed balconies with
expansive glazing along Lincoln Boulevard and Colorado Avenue . Furthermore,
above the podium level, the building is divided into three building sections
connected by pedestrian bridges, and the spacing of the building sections provide
breaks in the building elevations that visually reduces the overall building mass.
Staff supports this modification based on the project’s overall design that has
been achieved, consistent with the general intent of this standard.
4. Private Open Space SF Average (60 SF / Unit): The project includes an average
of 50 SF of private open space per residential unit and is 10 SF less than the
requirement per unit. However, the project includes a total of 12,500 SF of
common open space provided throughout the project on the podium courtyard,
5th floor roof deck, and top roof deck. Furthermore, the project provides an
additional 7,775 SF of ground floor open space. Staff is supportive of this
modification considering the amount of open space and amenities provided
throughout the entire project site.
5. Build to Line, Nonresidential Uses: Buildings with ground floor commercial uses
are required to be setback no farther than 10 feet from the street facing property
line for 70% of the linear street frontage. The proposed ground floor is setback
greater than 10 feet for more than the 30% allowed per this code provision.
However, the project is consistent with the findings that allow for modification to
this standard, as outlined in the code provision. Findings include but are not
limited to, that the additional setback consists of plazas and outdoor eating areas
that are designed and accessible for public use. Furthermore, the additional
ground floor setback was proposed in response to pedestrian safety concerns
expressed by the Commission and to provide adequate ground floor open space
at the street corner and additional sidewalk width along Lincoln Boulevard . For
these reasons, modification to this standard is appropriate.
6. Residential Parking: Based on the updated Zoning Ordinance requirements, the
project would provide 30 fewer residential parking spaces than required by code.
However, the draft DSP includes a lower residential parking requirement for this
area due to the location of the site in the Downtown and its proximity to the future
light rail station. As discussed, the project is identified in the Draft DSP
boundaries, and is compliant with the Draft DSP parking standards.
Draft Downtown Specific Plan (DSP) Non-Compliance:
The project is inconsistent with the minimum open space and ground floor commercial
space depth requirements of the Draft DSP:
1. Open Space: The project’s open space is slightly inconsistent with the Draft DSP
open space standards. Standard 6.4.E of the Draft DSP requires a minimum of
30% of the lot area as open space based on the project’s parcel size (greater than
22,501 SF). No less than 20% of the lot area shall be accommodated on the
ground floor and the remaining 10% may be provided on a podium above grade,
on exterior balconies, roof decks, or any combination thereof. Overall, the project
exceeds the minimum 30% open space (45.5%, and 67.4% including the roof
deck), including the ground floor requirement of 20% (20.7%). The Draft DSP
states, however, that any open space directly underneath any cantilevered portion
of the building may only count towards the ground floor open space requirement
if the overhang is at least 21 feet from grade. Approximately 1,500 SF of the
2,275 SF of publicly accessible open space, not including the paseo, would be
covered by the cantilevered portion of the 2nd floor above that has a height
clearance of less than 21 feet (approximately 17 feet). This would not qualify as
ground floor open space as currently drafted in the DSP.
2. Minimum Depth of Commercial Space (50 Feet): Standard 6.4.D.1 of the Draft
DSP requires a minimum average of 50 feet in depth of ground floor commercial
space for properties located in the Mixed-Use Boulevard sub-area to ensure that
adequate tenant spaces are designed for projects. Based on the plans, the
project provides 47.7 feet, which is less than a 50 foot average depth. Additional
ground floor setback provided for the project, which exceeds the minimum 20’-0”
per the Draft DSP, has reduced the amount of tenant space depth. However, the
average size of the proposed tenant spaces are adequate to allow for retail or
restaurant uses, and the total amount of commercial square footage provided in
the project provides flexibility in combining tenant spaces as needed. The
additional ground floor setback was proposed in response to pedestrian safety
concerns expressed by the Commission and to provide adequate ground floor
open space at the street corner and additional sidewalk width al ong Lincoln
Boulevard.
500 SOUTH GRAND AVENUE, SUITE 1480 LOS ANGELES, CALIFORNIA 90071 PHONE 213.622.8095
WWW.KEYSERMARSTON.COM
ADVISORS IN: Real Estate Redevelopment Affordable Housing Economic Development
SAN FRANCISCO A. Jerry Keyser Timothy C. Kelly Kate Earle Funk Debbie M. Kern Reed T. Kawahara David Doezema
LOS ANGELES Kathleen H. Head James A. Rabe Gregory D. Soo-Hoo Kevin E. Engstrom Julie L. Romey
SAN DIEGO Paul C. Marra
MEMORANDUM
To: Steve Mizokami, Associate Planner
City of Santa Monica
From: Kathleen Head
Tim Bretz
cc: Jing Yeo, Acting Principal Planner
Date: September 18, 2015
Subject: 1560 Lincoln Boulevard: Value Enhancement & Fiscal Impact Analysis
At your request, Keyser Marston Associates, Inc. (KMA) reviewed the proposal
submitted by NMS Properties, Inc. (Developer) to develop the property located at 1560
Lincoln Boulevard (Site) with a mixed-use development consisting of apartments, ground
floor retail space, and subterranean parking (Proposed Project). The KMA analysis
consists of the following components:
1. KMA prepared pro forma analyses to compare the land value supported by the
following:
a. A project that meets the base zoning standards imposed on the Site
(Base Zoning Alternative); and
b. The Proposed Project, which utilizes certain height and floor area (FAR)
incentives provided by the City of Santa Monica (City).
2. KMA prepared a fiscal impact analysis of the Proposed Project. The fiscal
impact assumptions are based on the City’s fiscal year 2014/15 budget.
EXECUTIVE SUMMARY
The following table summarizes the differences between the Proposed Project and the
scope of development allowed by the Base Zoning Alternative:
Steve Mizokami, City of Santa Monica September 18, 2015
1560 Lincoln Blvd: Value Enhancement & Fiscal Impact Analysis Page 2
1506013v2;SM:TRB
19305.016.001
Base Zoning
Alternative
Proposed
Project
Difference
Apartment Units 63 100 37
Retail Square Footage 14,610 14,610 -0-
Required Parking Spaces 104 167 63
The analysis prepared by KMA concludes that the Proposed Project supports a land
value that is $2.21 million more than the land value supported by the Base Zoning
Alternative. This represents the estimated value enhancement created by the height
and FAR incentives proposed to be utilized for the Proposed Project.
KMA prepared a fiscal impact analysis based on the development scope for the
Proposed Project. This analysis estimates the net revenue to the City’s General Fund at
approximately $18,600 per year.
BACKGROUND STATEMENT
The scope of development included in the Proposed Project exceeds the development
scope allowed by the base zoning standards imposed on the Site. In order to obtain
height and FAR incentives, the Developer is proposing to enter into a Development
Agreement with the City. As one metric in the evaluation of the proposed Development
Agreement terms, the City requested that KMA analyze the enhanced value created by
the proposed incentives.
VALUE ENHANCEMENT ANALYSIS
It is the fundamental premise of this analysis that providing building height and FAR
incentives will enhance the economic value of the Site. To quantify the amount of this
value enhancement, KMA conducted pro forma analyses for the Base Zoning Alternative
and the Proposed Project. The value enhancement is estimated by comparing the
supportable land value for the Base Zoning Alternative to the supportable land value for
the Proposed Project. KMA then crosschecked this analysis with a review of recent
property sales in the area.
The KMA financial analyses are described in the following sections of this memorandum.
These analyses are presented in Appendices A and B, and are organized as follows:
Table 1: Estimated Construction Costs
Table 2: Estimated Stabilized Net Operating Income
Table 3: Estimated Supportable Land Value
Steve Mizokami, City of Santa Monica September 18, 2015
1560 Lincoln Blvd: Value Enhancement & Fiscal Impact Analysis Page 3
1506013v2;SM:TRB
19305.016.001
Base Zoning Alternative Analysis
Scope of Development
The scope of development under the Base Zoning Alternative can be described as
follows:
1. The gross building area (GBA) is estimated at 58,788 square feet, and is
comprised of the following:
a. Residential Component – 44,178 square feet; and
b. Retail Component – 14,610 square feet.
2. The development includes 63 residential units, with an average unit size of 599
square feet. The units are allocated as follows:
Number of
Units
Unit Size
(Square Feet)
Studio Units 12 450
One-Bedroom Units 44 600
Two-Bedroom Units 7 850
Total / Average 63 599
3. One-hundred four subterranean (104) parking spaces are required for the Base
Zoning Alternative. These spaces can be provided in two subterranean parking
levels.
4. The City’s Affordable Housing Production Program requires that at least 10% of
the units in the project must be set aside for 50% income households, and that
these units must include at least two bedrooms. A fractional unit requirement of
less than .75 units can be fulfilled through the payment of an affordable housing
fee. The assumptions applied in the Base Zoning Alternative can be described
as follows:
a. Six two-bedroom units affordable to 50% income households are required
to be included in the development.
Steve Mizokami, City of Santa Monica September 18, 2015
1560 Lincoln Blvd: Value Enhancement & Fiscal Impact Analysis Page 4
1506013v2;SM:TRB
19305.016.001
b. The Base Zoning Alternative generates a 0.3 fractional unit obligation.
Based on the City’s published “Affordable Housing Development Cost” of
$312,609, the fractional unit fee is estimated at $94,000.
Pro Forma Analysis (Appendix A)
The following sections of the analysis summarize the major assumptions applied in the
KMA pro forma analysis of the Base Zoning Alternative:
Estimated Construction Costs (Appendix A – Table 1)
Direct Costs
KMA assumed that the Base Zoning Alternative could be developed using Type V
construction standards. In addition, KMA assumed that the Base Zoning Alternative
would not be subject to prevailing wage requirements. Based on these assumptions,
KMA estimates the direct costs as follows:
1. The site improvement costs are estimated at $15 per square foot of land area, or
$563,000.
2. The subterranean parking costs are estimated as follows:
a. The 1st-level subterranean parking costs are estimated at $30,000 per
space; and
b. The 2nd-level subterranean parking costs are estimated at $35,000 per
space.
3. Based on Type V construction standards, the building costs are estimated as
follows
a. The residential building costs are estimated at $130 per square foot of
residential GBA; and
b. The retail building costs are estimated at $150 per square foot of retail
GBA.
4. The retail tenant improvement costs are estimated at $45 per square foot of retail
GBA
5. The contractor costs, inclusive of overhead, profit, general conditions, builder’s
risk insurance and contingency allowance, are estimated at 20% of other direct
costs.
Steve Mizokami, City of Santa Monica September 18, 2015
1560 Lincoln Blvd: Value Enhancement & Fiscal Impact Analysis Page 5
1506013v2;SM:TRB
19305.016.001
KMA estimates the total direct costs at $14.9 million, or $253 per square foot of GBA.
Indirect Costs
KMA utilized the following assumptions to estimate the indirect costs for the Base Zoning
Alternative:
1. The architecture, engineering and consulting costs are estimated at 8% of direct
costs.
2. Based on KMA’s experience with similar projects in the City of Santa Monica, the
public permits and fees costs are estimated at $16 per square foot of GBA.
3. The fractional unit affordable housing fee is estimated at $94,000.
4. The taxes, insurance, legal and accounting costs are estimated at 3% of direct
costs.
5. The marketing and leasing costs are estimated as follows:
a. The residential marketing costs are estimated at 2% of direct costs; and
b. The retail leasing commissions are estimated at $3.00 per square foot of
retail GBA.
6. A development management fee equal to 4% of direct costs is provided.
7. An indirect cost contingency allowance equal to 5% of other indirect costs is
provided.
KMA estimates the total indirect costs at $3.79 million.
Financing Costs
The financing costs for the Base Zoning Alternative are estimated as follows:
1. The land carrying costs are estimated at $1.31 million based on a 5.5% interest
rate and a 21-month development period.
2. The construction and absorption period interest costs are estimated at $1.43
million. These costs are based on the following assumptions:
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a. The construction period interest costs are based on a 5.5% interest rate,
an 18-month construction period, and a 60% average outstanding loan
balance.
b. The absorption period interest costs are based on a three-month
absorption period with a 100% average outstanding balance.
3. The financing fees are set at 2.50 points. This equates to $1.24 million in
financing fees.
KMA estimates the total financing costs at $3.98 million.
Total Construction Costs
The following table summarizes the KMA construction cost estimates:
Total Direct Costs $14,898,000
Total Indirect Costs 3,793,000
Total Financing Costs 3,978,000
Total Construction Costs $22,669,000
Per Square Foot of GBA $386
Estimated Stabilized Net Operating Income (Appendix A – Table 2)
Residential Net Operating Income
1. The rents for the market-rate residential units are estimated as follows:
Studio Units $2,150
One-Bedroom Units $2,850
Two-Bedroom Units $3,800
2. The rents for the two-bedroom units affordable to 50% income households are
based on the calculation methodology imposed by California Health and Safety
Code (H&SC) Section 50053, and are set at $689 per unit per month.1
3. A $10 per unit per month allowance is provided for miscellaneous income.
1 The affordable rents are net of the applicable utility allowance published in 2014-2015 by the
City. The allowance equals $40 per month for two-bedroom units.
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4. The City requires the parking to be unbundled from the residential and retail
rents. In addition, the tenants in the 50% income units have the option to use
one space at no cost, or to receive a rent reduction equal to one-half of the
parking lease rate. The parking revenues are estimated as follows:
a. The market rent for the parking is estimated at $150 per space per month.
This rate is applied to 98 spaces in the Base Zoning Alternative.
b. The six spaces dedicated to the 50% income units are estimated to
generate effective income of $75 per space per month.2
5. A 5% vacancy and collection allowance is provided.
6. KMA estimates the residential operating expenses as follows:
a. The general operating expenses are estimated at $6,000 per unit per
year; and
b. The annual property tax payments are estimated at $5,646 per unit per
year.3
Based on the preceding assumptions, KMA estimates the effective gross income (EGI)
for the residential component at $1.99 million and the operating expenses at $733,700.
The resulting residential net operating income (NOI) is $1.26 million.
Retail Net Operating Income
1. Revenues:
a. The retail rent is set at $5.50 per square foot of retail gross leasable area
(GLA) per month.
b. The common area maintenance (CAM) reimbursements are estimated at
$10 per square foot of GLA per year.
2. A 5% vacancy and collection allowance is provided.
3. KMA estimates the retail operating expenses as follows:
a. The CAM expenses are estimated at $10 per square foot per year.
2 If the 50% income tenant does not use a parking space, the Developer can lease that space at
the estimated market rate of $150 per month. However, the tenant’s apartment rent reduction
decreases the effective income from each space to $75 per month.
3 The estimate is based on a 4.5% capitalization rate and a 1.27% property tax rate.
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b. The management fee is set at 3% of effective gross retail income.
KMA estimates the EGI for the retail component at $897,200, and the operating
expenses at $151,200. Based on these assumptions, the retail NOI is set at $746,000.
Total Net Operating Income
KMA estimates the NOI for the residential component at $1.26 million, and for the retail
component at $746,000. The resulting NOI for the Base Zoning Alternative equals $2.01
million.
Estimated Supportable Land Value (Appendix A – Table 3)
The supportable land value is equal to the difference between the estimated value of the
Base Zoning Alternative, and the sum of the $22.67 million in estimated construction
costs and an allowance for developer profit equal to 12% of the Base Zoning
Alternative’s estimated value. The value supported by the Base Zoning Alternative is
estimated by capitalizing the NOI at a capitalization rate that reflects current market
conditions.
To estimate the value supported by the Base Zoning Alternative, KMA capitalized the
NOI at a 4.87% rate; this rate is derived from a weighted average of 4.5% for the
residential component and 5.5% for the retail component. The valuation analysis
prepared by KMA is summarized in the following table:
Estimated Net Operating Income $2,006,300
Capitalization Rate 4.87%
Project Value $41,197,000
The resulting supportable land value for the Base Zoning Alternative, under the KMA
analysis can be summarized as follows:
Project Value $41,197,000
(Less) Developer Profit (4,944,000)
(Less) Total Construction Costs (22,669,000)
Supportable Land Value $13,584,000
Per Square Foot of Land Area $362
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Proposed Project Analysis
Scope of Development
The following summarizes the scope of development for the Proposed Project:
1. The project includes 113,200 square feet of GBA, which is comprised of the
following:
a. Residential Component – 98,590; and
b. Retail Component – 14,610 square feet.
2. The development includes 100 residential units, with an average unit size of 798
square feet. The units are allocated as follows:
Number of
Units
Unit Size
(Square Feet)
Studio + Loft Units 7 611
One-Bedroom Units 39 629
Two-Bedroom Units 44 899
Three-Bedroom Units 10 1,147
Total / Average 100 798
3. One-hundred sixty-seven (167) subterranean parking spaces are required to be
provided. It is assumed that three subterranean parking levels will be required to
accommodate these spaces.
4. Under the City’s Affordable Housing Production Program requirements, the
affordability assumptions for the Proposed Project are as follows:
a. Ten (10) two-bedroom units affordable to 50% income households are
required to be included in the development.
b. The Proposed Project does not generate a fractional unit obligation.
Pro Forma Analysis (Appendix B)
The following sections of the analysis summarize the major assumptions applied in the
KMA pro forma analysis of the Proposed Project:
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Estimated Construction Costs (Appendix B – Table 1)
Direct Costs
KMA assumed that the Proposed Project will be developed using Type III construction
standards. In addition, KMA assumed that the Proposed Project will not be subject to
prevailing wage requirements. Based on these assumptions, KMA estimates the direct
costs as follows:
1. The site improvement costs are estimated at $20 per square foot of land area, or
$750,000.
2. The subterranean parking costs are estimated as follows:
a. The 1st-level subterranean parking costs are estimated at $30,000 per
space;
b. The 2nd-level subterranean parking costs are estimated at $35,000 per
space; and
c. The 3rd-level subterranean parking costs are estimated at $40,000 per
space.
3. Based on Type III construction standards, the building costs are estimated as
follows:
a. The residential building costs are estimated at $185 per square foot of
residential GBA; and
b. The retail building costs are estimated at $150 per square foot of retail
GBA.
4. The retail tenant improvement costs are estimated at $45 per square foot of retail
GBA.
5. The contractor costs, inclusive of overhead, profit, general conditions, builder’s
risk insurance and contingency allowance, are estimated at 20% of other direct
costs.
KMA estimates the total direct costs at $32.9 million, or $291 per square foot of GBA.
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Indirect Costs
KMA utilized the following assumptions to estimate the indirect costs for the Proposed
Project:
1. The architecture, engineering and consulting costs are estimated at 6% of direct
costs.
2. As was the case with the Base Zoning Analysis, the public permits and fees
costs are estimated at $16 per square foot of GBA.
3. The taxes, insurance, legal and accounting costs are estimated at 3% of direct
costs.
4. The marketing and leasing costs are estimated as follows:
a. The residential marketing costs are estimated at 2% of direct costs; and
b. The retail leasing commissions are estimated at $3.00 per square foot of
retail GBA.
5. A development management fee equal to 4% of direct costs is provided.
6. An indirect cost contingency allowance equal to 5% of other indirect costs is
provided.
KMA estimates the total indirect costs at $7.13 million.
Financing Costs
The financing costs for the Proposed Project are estimated as follows:
1. The land carrying costs are estimated at $1.74 million based on a 5.5% interest
rate and a 24-month development period.
2. The construction and absorption period interest costs are estimated at $3.68
million. These costs are based on the following assumptions:
a. The construction period interest costs are based on a 5.5% interest rate,
an 18-month construction period, and a 60% average outstanding loan
balance.
b. The absorption period interest costs are based on a six-month absorption
period with a 100% average outstanding balance.
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3. The financing fees are set at 2.50 points. This equates to $2.37 million in
financing fees.
KMA estimates the total financing costs at $7.79 million.
Total Construction Costs
The following table summarizes the KMA construction cost estimates:
Total Direct Costs $32,896,000
Total Indirect Costs 7,130,000
Total Financing Costs 7,789,000
Total Construction Costs $47,815,000
Per Square Foot of GBA $422
Estimated Stabilized Net Operating Income (Appendix B – Table 2)
Residential Net Operating Income
1. The market rents are estimated as follows:
Studio + Loft Units $3,200
One-Bedroom Units $2,993
Two-Bedroom Units $3,990
Three-Bedroom Units $4,550
2. The rents for the 50% income two-bedroom units are set at $689 per unit per
month.4
3. A $10 per unit per month allowance is provided for miscellaneous income.
4. The parking rents have been unbundled from the residential and retail rents. The
parking revenues are estimated as follows:
a. One-hundred fifty-seven (157) parking spaces will be leased at the
estimated market rate rent of $150 per space per month; and
4 The rent setting methodology is described in the analysis of the Base Zoning Alternative.
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b. The Developer is will receive effective income estimated at $75 per space
per month from the 10 parking spaces that will be available to the 50%
income tenants.
Based on the preceding assumptions, KMA estimates the EGI for the residential
component at $4.02 million and the operating expenses at $1.35 million. The resulting
residential NOI is $2.67 million.
Retail Net Operating Income
1. Revenues:
a. The retail rent is set at $5.50 per square foot of retail GLA per month.
b. The CAM reimbursements are estimated at $10 per square foot per year.
2. A 5% vacancy and collection allowance is provided.
3. KMA estimates the retail operating expenses as follows:
a. The CAM expenses are estimated at $10 per square foot of GLA per
year.
b. The management fee is set at 3% of effective gross retail income.
KMA estimates the EGI for the retail component at $897,200, and the operating
expenses at $151,200. Based on these assumptions, the retail NOI is set at $746,000.
Total Net Operating Income
KMA estimates the NOI for the residential component at $2.67 million, and for the retail
component at $746,000. The resulting NOI for the Proposed Project equals $3.41
million.
Estimated Supportable Land Value (Appendix B – Table 3)
The valuation analysis prepared by KMA for the Proposed Project is summarized in the
following table. The 4.72% capitalization rate is derived from a weighted average of
4.5% for the residential component and 5.5% for the retail component.
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Estimated Net Operating Income $3,411,700
Capitalization Rate 4.72%
Project Value $72,282,000
The resulting supportable land value based on the results of the KMA analysis is
summarized in the following table:
Project Value $72,282,000
(Less) Developer Profit (8,674,000)
(Less) Total Construction Costs (47,815,000)
Supportable Land Value $15,793,000
Per Square Foot of Land Area $421
Estimated Value Enhancement
The value enhancement created by the proposed increase in height and FAR is equal to
the difference between the land values supported by the Base Zoning Alternative and
the Proposed Project. The following table presents the KMA estimate of the value
enhancement:
Supportable Land Value
Proposed Project $15,793,000
Base Zoning Alternative 13,584,000
Estimated Value Enhancement $2,209,000
As a crosscheck to the land value estimates derived from the value enhancement
analyses, KMA compiled information for properties that have recently sold within the
vicinity of the Site. Given the limited number of vacant land parcels near the Site, KMA
focused the research on the recent sales of commercial buildings. The parameters of
the property sales survey are as follows:
1. Sales transactions between May 2013 and May 2015 were included in the
survey.
2. Non-arms length transactions, multi-property transactions, and transactions
without sales prices were excluded.
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Based on the search parameters outlined above, KMA documented five improved
property sales transactions within a 0.5-mile radius of the Site. The survey results are
detailed in Appendix C, and the values per square foot of land area are summarized in
the following table:
Property Sales
Minimum Price $357
Maximum Price $694
Weighted Average Price $412
As can be seen in the preceding table, the values associated with recent property sales
range from $357 to $694 per square foot of land area. The large spread in the values is
likely due to the varying quality and intensity levels of the existing improvements on the
properties.
The KMA value enhancement analyses resulted in a supportable land value of $362 per
square foot of land area for the Base Zoning Alternative, and a $421 per square foot
land value for the Proposed Project. As would be expected, the supportable land value
under the Base Zoning Alternative falls at the low end of the range of recent sales.
Comparatively, the land value supported by the Proposed Project falls near the weighted
average value of the recent sales.
FISCAL IMPACT ANALYSIS (APPENDIX D)
The City has requested that KMA provide an analysis of the fiscal impacts the Proposed
Project could potentially create on the City’s General Fund. KMA reviewed the City’s
fiscal year 2014/15 budget, and estimated the Proposed Project’s fiscal impacts as
follows.
Fiscal Impact Analysis Assumptions
The major assumptions used in this fiscal impact analysis can be described as follows:
1. Population Estimates:
a. KMA applied an average household size of 1.50 persons per residential
unit.
b. The retail employment is estimated at two employees per 1,000 square
feet of retail GBA.
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c. The employment-based resident equivalent factor is set at 0.50
employees per resident (i.e. two employees equate to one resident).
2. The total General Fund revenue that could potentially be generated by the
Proposed Project is estimated at $290,500 based on the following assumptions:
a. The property taxes are estimated based on a $72.28 million assessed
value for the Proposed Project, and the assumption that the City’s
General Fund receives 14% of the 1.0% base property tax levy. This
equates to $101,200 per year.
b. KMA estimated the motor vehicle license in-lieu fee (MVLIF) revenue that
could be generated by the Proposed Project based on the ratio the
Proposed Project’s assessed value represents of the total assessed value
of properties within Santa Monica. When this ratio is applied to the $8.45
million in MVLIF the City received in fiscal year 2014/15, the Proposed
Project is estimated to generate $21,000 in MVLIF revenue per year.
c. The sales tax revenue that could be received by the City is estimated at
$72,500 per year, based on the following assumptions:
i. The City’s share of sales tax revenue is equal to 1.25% of taxable
sales occurring in Santa Monica. This includes the revenue
generated by Measure Y.
ii. The expenditures on taxable goods made by the Proposed
Project’s residents, in retail establishments in Santa Monica, are
estimated at approximately $11,330 per unit per year.
iii. The taxable sales projected to be generated by the retail
component of the Proposed Project are estimated at $400 per
square foot per year of retail GBA.
d. The utility tax revenue is estimated at $264 per person served. This
equates to $40,900 per year.
e. The Business License Fee is set by the City at $1.25 per $1,000 in gross
receipts for both the residential and retail components. The annual
revenues are estimated at $12,900 per year.
f. Miscellaneous revenues are estimated at $271 per person served, or
$42,000 per year.
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3. The General Fund expenditures projected to be incurred as a result of the
Proposed Project are estimated at $271,900 per year based on the following
assumptions:
a. The aggregate departmental expenditures are estimated at $539 per
person served, which equates to $83,500 per year.5
b. The public safety expenditures are estimated at $907 per person served,
or $140,600 per year.
c. The community services are estimated at $308 per person served, which
equals $47,800 per year.
Fiscal Impact Analysis Findings
The General Fund revenue and expenditures analysis for the Proposed Project is
presented in Appendix D. The results are summarized in the following table:
Estimated General Fund Revenues $290,500
(Less) Estimated General Fund Expenditures ($271,900)
Net Annual General Fund Revenue / (Cost) $18,600
5 The aggregate departments are comprised of administration, information services, finance,
public works, planning and community development, and housing and economic development.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Base Project Pro Forma; trb
APPENDIX A
SUPPORTABLE LAND VALUE
BASE ZONING ALTERNATIVE
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Base Project Pro Forma; trb
APPENDIX A - TABLE 1
ESTIMATED CONSTRUCTION COSTS
BASE ZONING ALTERNATIVE - TYPE V CONSTRUCTION
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Direct Costs
Site Improvement Costs 37,500 Sf Land $15 /Sf Land $563,000
Parking Spaces
1st-Level Subterranean 76 Spaces $30,000 /Space 2,280,000
2nd-Level Subterranean 28 Spaces $35,000 /Space 980,000
Building Costs
Residential 44,178 Sf Res GBA $130 /Sf Res GBA 5,743,000
Retail 14,610 Sf Retail GBA $150 /Sf Retail GBA 2,192,000
Tenant Improvements - Retail 14,610 Sf Retail GBA $45 /Sf Retail GBA 657,000
Contractor Costs 1 20%Other Direct Costs 2,483,000
Total Direct Costs 58,788 Sf GBA $253 /Sf GBA $14,898,000
II.Indirect Costs
Arch, Eng, & Consulting 8.00%Direct Costs $1,192,000
Public Permits & Fees/Impact Fees 2 58,788 Sf GBA $16.00 /Sf GBA 941,000
Fractional Unit Affordable Housing Fee 0.30 Fractional Unit $312,609 AH Dev Cost 94,000
Taxes, Ins, Legal & Acctg 3.00%Direct Costs 447,000
Marketing
Residential 2.00%Direct Costs 298,000
Retail 14,610 Sf Retail GBA $3.00 /Sf Retail GBA 44,000
Development Management 4.00%Direct Costs 596,000
Soft Cost Contingency Allowance 5.00%Other Indirect Costs 181,000
Total Indirect Costs $3,793,000
III.Financing Costs
Land Carrying Costs 3 $13,585,000 Financed 5.50%Interest $1,308,000
Interest During Construction 4 $22,669,000 Financed 5.50%Interest 1,434,000
Financing Fees
Construction Loan $22,669,000 Financed 2.50 Points 567,000
Permanent Loan $26,778,050 Financed 2.50 Points 669,000
Total Financing Costs $3,978,000
IV.Total Construction Costs 58,788 Sf GBA $386 /Sf GBA $22,669,000
1 Includes contractors' fees, general requirements, builder's risk insurance and a direct cost contingency allowance.
2 Based on KMA's experience with similar projects in Santa Monica. City staff should verify the accuracy of this estimate.
3 Based on an 18-month construction period and a 3-month absorption period with a 100% average outstanding balance.
4 Based on an 18-month construction period with a 60% average outstanding balance and a 3-month absorption period with a 100% average
outstanding balance.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Base Project Pro Forma; trb
APPENDIX A - TABLE 2
ESTIMATED STABILIZED NET OPERATING INCOME
BASE ZONING ALTERNATIVE - TYPE V CONSTRUCTION
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Residential Rental Income
Market Rate Units 1
Studio Units 12 Units $2,150 /Unit/Month $309,600
One-Bedroom Units 44 Units $2,850 /Unit/Month 1,504,800
Two-Bedroom Units 1 Unit $3,800 /Unit/Month 45,600
50% Income Two-Bdrm Units 2 6 Units $689 /Unit/Month 49,600
Gross Rental Income $1,909,600
Laundry and Miscellaneous Income 63 Units $10 /Unit/Month 7,600
Market Rate Parking Income 3 98 Spaces $150 /Space/Month 176,400
Affordable Unit Parking Income 4 6 Spaces $75 /Space/Month 5,400
Gross Residential Income $2,099,000
(Less) Vacancy and Collection 5%Gross Residential Income (105,000)
Effective Gross Residential Income $1,994,000
II.Residential Operating Expenses
General Operating Expenses 63 Units $6,000 /Unit/Year $378,000
Property Taxes 5 63 Units $5,646 /Unit/Year 355,700
Total Residential Operating Expenses 63 Units $11,600 /Unit/Year $733,700
III.Residential Net Operating Income $1,260,300
IV.Retail Income
Retail Space 12,425 Sf Retail GBA $66.00 /Sf GLA/Year $820,100
CAM Reimbursements 12,425 Sf Retail GBA $10.00 /Sf GLA/Year 124,300
Gross Retail Income $944,400
(Less) Vacancy and Collection 5%Gross Retail Income (47,200)
Effective Gross Retail Income $897,200
V.Retail Operating Expenses
CAM Expenses 12,425 Sf Retail GBA $10.00 /Sf GLA/Year $124,300
Management Fee 3%Effective Gross Income 26,900
Total Retail Operating Expenses 12,425 Sf Retail GBA $12.17 /Sf/Year $151,200
VI.Retail Net Operating Income $746,000
VII.Total Net Operating Income $2,006,300
1
2
3
4
5 Based on a 4.50% capitalization rate for the residential component and a 1.27% property tax rate.
The affordable rents are net the applicable utility allowance as published by the City in 2014-2015: $40 for two-bedroom units.
The market rate rents equate to: $4.78/sf/month for studio units; $4.75/sf/month for one-bedroom units and $4.47/sf/month for two-
The parking is uncoupled from the market rate units and retail space. The space rent is estimated at $150/space/month.
50% income tenants can use one parking space at no cost. Alternatively, these tenants can receive a rent reduction equal to 1/2 of the
prevailing parking rent. The Developer will implicitly receive 1/2 the market rate parking rent for the 6 50% income units.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Base Project Pro Forma; trb
APPENDIX A - TABLE 3
ESTIMATED SUPPORTABLE LAND VALUE
BASE ZONING ALTERNATIVE - TYPE V CONSTRUCTION
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Estimated Project Value
Net Operating Income $2,006,300
Capitalization Rate 1 4.87%
Estimated Project Value $41,197,000
II.Supportable Land Value
Estimated Project Value $41,197,000
(Less) Developer Profit 12%Estimated Project Value (4,944,000)
(Less) Total Construction Costs (22,669,000)
III.Supportable Land Value 37,500 Sf Land $362 /Sf Land $13,584,000
1 Based on a weighted average of: a 4.50% capitalization rate for the residential component and a 5.50% capitalization rate for the commercial
component. Based on the rates published by RERC for the 4th quarter of 2014 and adjusted for the strength of the Santa Monica real estate
market.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Proposed Project Pro Forma; trb
APPENDIX B
SUPPORTABLE LAND VALUE
PROPOSED PROJECT
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Proposed Project Pro Forma; trb
APPENDIX B - TABLE 1
ESTIMATED CONSTRUCTION COSTS
PROPOSED PROJECT - TYPE III CONSTRUCTION
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Direct Costs
Site Improvement Costs 37,500 Sf Land $20 /Sf Land $750,000
Parking Spaces
1st-Level Subterranean 76 Spaces $30,000 /Space 2,280,000
2nd-Level Subterranean 69 Spaces $35,000 /Space 2,415,000
3rd-Level Subterranean 22 Spaces $40,000 /Space 880,000
Building Costs
Residential 98,590 Sf Res GBA $185 /Sf Res GBA 18,239,000
Retail 14,610 Sf Retail GBA $150 /Sf Retail GBA 2,192,000
Tenant Improvements - Retail 14,610 Sf Retail GBA $45 /Sf Retail GBA 657,000
Contractor Costs 1 20%Other Direct Costs 5,483,000
Total Direct Costs 113,200 Sf GBA $291 /Sf GBA $32,896,000
II.Indirect Costs
Arch, Eng, & Consulting 6.00%Direct Costs $1,974,000
Public Permits & Fees/Impact Fees 2 113,200 Sf GBA $16.00 /Sf GBA 1,811,000
Fractional Unit Affordable Housing Fee 0 Fractional Unit $312,609 AH Dev Cost 0
Taxes, Ins, Legal & Acctg 3.00%Direct Costs 987,000
Marketing
Residential 2.00%Direct Costs 658,000
Retail 14,610 Sf Retail GBA $3.00 /Sf Retail GBA 44,000
Development Management 4.00%Direct Costs 1,316,000
Soft Cost Contingency Allowance 5.00%Other Indirect Costs 340,000
Total Indirect Costs $7,130,000
III.Financing Costs
Land Carrying Costs 3 $15,793,000 Financed 5.50%Interest $1,737,000
Interest During Construction 4 $47,815,000 Financed 5.50%Interest 3,682,000
Financing Fees
Construction Loan $47,815,000 Financed 2.50 Points 1,195,000
Permanent Loan $46,983,300 Financed 2.50 Points 1,175,000
Total Financing Costs $7,789,000
IV.Total Construction Costs 113,200 Sf GBA $422 /Sf GBA $47,815,000
1 Includes contractors' fees, general requirements, builder's risk insurance and a direct cost contingency allowance.
2 Based on KMA's experience with similar projects in Santa Monica. City staff should verify the accuracy of this estimate.
3 Based on an 18-month construction period and a 6-month absorption period with a 100% average outstanding balance.
4 Based on an 18-month construction period with a 60% average outstanding balance and a 6-month absorption period with a 100% average
outstanding balance.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Proposed Project Pro Forma; trb
APPENDIX B - TABLE 2
ESTIMATED STABILIZED NET OPERATING INCOME
PROPOSED PROJECT - TYPE III CONSTRUCTION
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Residential Rental Income
Market Rate Units 1
Studio Units 0 Units $0 /Unit/Month $0
Studio + Loft Units 7 Units $3,200 /Unit/Month 268,800
One-Bedroom Units 39 Units $2,993 /Unit/Month 1,400,500
Two-Bedroom Units 34 Units $3,990 /Unit/Month 1,627,900
Three-Bedroom Units 10 Units $4,550 /Unit/Month 546,000
50% Income Two-Bdrm Units 2 10 Units $689 /Unit/Month 82,700
Gross Rental Income $3,925,900
Laundry and Miscellaneous Income 100 Units $10 /Unit/Month 12,000
Market Rate Parking Income 3 157 Spaces $150 /Space/Month 282,600
Affordable Unit Parking Income 4 10 Spaces $75 /Space/Month 9,000
Gross Residential Income $4,229,500
(Less) Vacancy and Collection 5%Gross Residential Income (211,500)
Effective Gross Residential Income $4,018,000
II.Residential Operating Expenses
General Operating Expenses 100 Units $6,000 /Unit/Year $600,000
Property Taxes 5 100 Units $7,523 /Unit/Year 752,300
Total Residential Operating Expenses 100 Units $13,500 /Unit/Year $1,352,300
III.Residential Net Operating Income $2,665,700
IV.Retail Income
Retail Space 12,425 Sf Retail GLA $66.00 /Sf GLA/Year $820,100
CAM Reimbursements 12,425 Sf Retail GLA $10.00 /Sf GLA/Year 124,300
Gross Retail Income $944,400
(Less) Vacancy and Collection 5%Gross Retail Income (47,200)
Effective Gross Retail Income $897,200
V.Retail Operating Expenses
CAM Expenses 12,425 Sf Retail GLA $10.00 /Sf GLA/Year $124,300
Management Fee 3%Effective Gross Income 26,900
Total Retail Operating Expenses 12,425 Sf Retail GLA $12.17 /Sf/Year $151,200
VI.Retail Net Operating Income $746,000
VII.Total Net Operating Income $3,411,700
1
2
3
4
5 Based on a 4.50% capitalization rate for the residential component and a 1.27% property tax rate.
The affordable rents are net the applicable utility allowance as published by the City in 2014-2015: $40 for two-bedroom units.
The market rate rents equate to: $5.24/sf/month for studio + loft units; $4.76/sf/month for one-bedroom units; $4.44/sf/month for two-
bedroom units; and $3.97/sf/month for three-bedroom units.
The parking is uncoupled from the market rate units and retail space. The space rent is estimated at $150/space/month.
50% income tenants can use one parking space at no cost. Alternatively, these tenants can receive a rent reduction equal to 1/2 of the
prevailing parking rent. The Developer will implicitly receive 1/2 the market rate parking rent for the 10 50% income units.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Proposed Project Pro Forma; trb
APPENDIX B - TABLE 3
ESTIMATED SUPPORTABLE LAND VALUE
PROPOSED PROJECT - TYPE III CONSTRUCTION
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Estimated Project Value
Net Operating Income $3,411,700
Capitalization Rate 1 4.72%
Estimated Project Value $72,282,000
II.Supportable Land Value
Estimated Project Value $72,282,000
(Less) Developer Profit 12%Estimated Project Value (8,674,000)
(Less) Total Construction Costs (47,815,000)
III.Supportable Land Value 37,500 Sf Land $421 /Sf Land $15,793,000
1 Based on a weighted average of: a 4.50% capitalization rate for the residential component and a 5.50% capitalization rate for the commercial
component. Based on the rates published by RERC for the 4th quarter of 2014 and adjusted for the strength of the Santa Monica real estate
market.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Sales Comps; trb
APPENDIX C
PROPERTY SALES COMPARABLES
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; Sales Comps; trb
APPENDIX C
PROPERTY SALES COMPARABLES
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
Type Address Year Built Sales Date Site Size (Sf)Sales Price Price / Sf Land
Retail Storefront / Office 1327 5th Street 1930 7/2/2013 7,497 $5,200,000 $694
Retail Service Station 1398 Lincoln Boulevard 1985 7/11/2013 4,792 $1,968,000 $411
Retail Storefront 1427 Lincoln Boulevard 1956 7/15/2013 7,501 $2,775,000 $370
Retail Storefront 1448 Lincoln Boulevard 1923 6/14/2013 15,002 $5,350,000 $357
Auto Repair Bldg 1124 Santa Monica Boulevard 1943 7/31/2014 17,511 $6,250,000 $357
Weighted Average $412
Minimum $357
Maximum $694
Source: Costar, 5/2015
Note: Building sales transactions for the 0.5-miile radius surrounding 1415 5th Street from 5/4/2013 - 5/4/2015. Non-arms length transactions,
multi-property transactions, and transactions without sales prices were excluded.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; FIA; trb
APPENDIX D
PROPOSED PROJECT
FISCAL IMPACT ANALYSIS
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; FIA; trb
APPENDIX D - TABLE 1
POPULATION AND TOTAL PERSONS SERVED ESTIMATES
PROPOSED PROJECT
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Estimated Number of Residents
Occupied Housing Units 1 95
Persons Per Unit 1.50
Estimated Total Residential Population 143
II.Estimated Number of Employees Served
Retail Square Feet 11,804
Estimated Retail Square Feet Per Employee 500
Estimated Number of Employees 24
Employment Based Resident Equivalent 0.5
Estimated Number of Employees Served 12
III.Estimated Number of Persons Served
Estimated Total Residential Population 143
Estimated Number of Employees Served 12
Total Persons Served 155
1 Based on 100 total housing units and a 5% vacancy rate.
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; FIA; trb
APPENDIX D - TABLE 2
ANNUAL GENERAL FUND REVENUES
PROPOSED PROJECT
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Property Tax Revenue
Assessed Value $72,282,000
Property Tax Rate 1.00%
Total Property Tax Revenue $722,820
City Share of Property Tax Revenue 14.00%
City Property Tax Revenue $101,200
II.Motor Vehicle License In-Lieu Fee Revenue
FY 2013-2014 MVLF Revenue $8,446,245
Percent of Assessed Value 0.249%
Motor Vehicle License In-Lieu Fee Revenue $21,000
III.Sales Tax Revenue
A.Aggregate Resident Sales Tax Revenue
Taxable Sales $11,330 /Unit
Number of Occupied Housing Units 95
Taxable Sales $1,076,350
Sales Tax Rate (Includes Measure Y Revenue)1.25%
Aggregate Resident Sales Tax Revenue $13,500
B.Commercial Sales Tax Revenue
Taxable Sales $4,721,500
Sales Tax Rate (Includes Measure Y Revenue)1.25%
Commercial Sales Tax Revenue $59,000
Total Sales Tax Revenue $72,500
IV.Utility Tax Revenue $264 Per Person Served $40,900
V.Business License Revenue
A.Residential Business License Tax Revenue
Residential Gross Income $4,018,000
Residential Rate $1.25 Per $1,000 of gross receipts
Residential Business License Tax Revenue $5,000
B.Commercial Business License Tax Revenue
Retail Gross Receipts $6,295,333
Professional Services Rate $1.25 Per $1,000 of gross receipts
Commercial Business License Tax Revenue $7,900
Total Business License Revenue $12,900
VI.Miscellaneous Revenues $271 Per Person Served $42,000
VII.Total Annual Revenues $290,500
Prepared by: Keyser Marston Associates, Inc.
File name: 1560 Lincoln_6 18 15; FIA; trb
APPENDIX D - TABLE 3
ANNUAL GENERAL FUND EXPENDITURES & NET FISCAL IMPACT
PROPOSED PROJECT
1560 LINCOLN BOULEVARD
SANTA MONICA, CALIFORNIA
I.Annual Expenditures
Aggregate Departmental Expenditures $539 Per Person Served $83,500
Public Safety Costs $907 Per Person Served 140,600
Community Services Costs $308 Per Person Served 47,800
Total Annual Expenditures $271,900
II.Net Fiscal Impact Calculation
Total Annual Revenues $290,500
Less Total Annual Expenditures ($271,900)
Net Fiscal Impact $18,600
1 Includes the following departments: administration, information services, finance, public works, planning and community
development, and housing and economic development.
ATTACHMENT F
Community Meeting, ARB Concept,
& Planning Commission Float-Up Summary
Community Meeting
A community meeting was held for the project on August 8, 2013 at the Ken Edwards
Center based on the project’s previous design presented at the June 25, 2014 Planning
Commission meeting. Seven (7) members of the public were in attendance.
ARB Concept Design Review
On September 16, 2013, the Architectural Review Board conceptually reviewed the
project’s previous design that was considered by the Planning Commission at the June
25, 2014 meeting. As noted, the project was significantly redesigned based on the
Commission’s design concerns expressed at the meeting, which was again reviewed by
the Commission on November 12, 2014. Considering the limited design concerns
expressed from the Commission related to the project’s site planning, building
configuration, open space, and overall design layout, the project’s design was appropriate
for the Commission’s formal review on July 22, 2015 as currently designed. Further, no
additional design comments were provided by the Commission during their formal review.
Planning Commission Float-Up Review
On June 25, 2014, the Planning Commission conducted a public hearing to discuss
conceptual plans for the proposed mixed-use building. The project design consisted of a
building designed around an internal courtyard and a corner pla za highlighted with an
oculus structure centralized at the street corner. Based on the Commission’s concerns
with the overall project design, the applicant made significant design changes to the
overall site plan and design concept in efforts to address concerns expressed during the
float-up review.
At the November 12, 2014, Planning Commission meeting, the Commission reviewed the
revised conceptual Development Agreement proposal and recommended that staff
initiate the Development Agreement negotiation and review process. The Commission
was supportive of the project’s redesign, and provided additional comments and outlined
potential community benefits for the project.
Planning Commission Float-Up Comments and Responses
At the November 12, 2014 Planning Commission meeting the Commission reviewed the
conceptual Development Agreement proposal and recommended that staff initiate the
Development Agreement negotiation and review process. The Commission was
generally supportive of the project’s redesign, and provided additional comments and
outlined potential community benefits for the project. The Commission’s comments are
summarized as follows:
Project Design
1. Ground Floor Open Space: Consider providing additional ground floor open space
and achieve compliance with the draft DSP standard of 20% open space on the
ground floor.
Response: The proposed project has increased the ground floor open space to
comply with the 20% standard, however as discussed, a portion of the open space
is located underneath cantilevered portions of the building with an 18 foot height
clearance instead of the 21 foot requirement per the draft standard. Nonetheless,
the proposed open space is adequately designed and meets the intent of the open
space provision.
2. Bioswales: Study the feasibility of implementing bioswales adjacent to the site
along Lincoln Boulevard and Colorado Avenue.
Response: A bioswale will be installed on the Lincoln Boulevard parkwa y.
Implementing a bioswale along Colorado Avenue was also studied, however a
bioswale infiltration system would not be feasible along this street due to the light
rail infrastructure located below Colorado Avenue.
3. Building Cantilever: Consider reducing the amount of building cantilever by
providing additional building stepback on upper floors (single comment).
Response: The project’s street wall presence consists of a series of interlocking
box-frame projections and recessed balconies with expansive gl azing along both
streets that enhanced the visual interest of the building . Furthermore, above the
podium level, the building is divided into three building sections connected by
pedestrian bridges, and the spacing of the building sections provides openings in
the building elevations. These breaks in the building length visually reduce the
overall building mass of the project, similar to the intent of upper -level stepback
standards.
4. Water Efficiency: Reduce the project’s water usage, and provide individual sub-
meters for commercial and residential units.
Response: The project would use non-potable water sources for landscape
irrigation, and achieve 30% reduction below CalGreen baseline for interior building
water usage. Furthermore, the project would provide individual sub-meters for
commercial and residential units. The possibility of using greywater for toilet
flushing was extensively discussed and researched and staff ultimately determined
that given the regulatory uncertainty and relatively new te chnology, by North
American standards, the best approach would be a meaningful contribution
towards water conservation that could be used by the City for water conservation
programs and grants for pilot projects that will inform future requirements for
greywater.
Community Benefits
5. Affordable Housing: Increase percentage above 20% since the project is a Tier 3
project. The 10% very-low affordable units shall be at least 2 bedroom units,
compliant with AHPP requirements. Provide deeper level of affordability than
moderate level for units beyond AHPP requirements and provide these units
evenly among all unit types.
Response: At the time of the Commission’s float-up review, the applicant
proposed moderate income units. Since the float-up review, all moderate income
units have been removed and replaced with affordable units that are available only
to 50% and 80% income households. This proposal exceeds that required of Tier
2 projects and is the first such mixed-income housing project to offer such a deep
affordability mix.
6. Transportation Demand Management Plan: TDM plan should focus on trip
reduction, and establishing a circulator/TMO for the area.
Response: The TDM plan includes measures that would reduce vehicular trips and
parking demand generated by the proposed project including transportation
allowances for residents and employees. The funding and formation of a citywide
TMA was in the budget presented to City Council on May 27, 2015. If adopted by
City Council, the citywide TMA would be formed by the end of 2015 and would be
funded for three years. The project would provide a monetary contribution of
$50,000 that could be used for initiation and continued operations of a TMA.
7. Sustainable Design Features: Design the building to achieve a LEED Platinum
equivalent.
Response: The project would be designed to achieve a minimum LEED® for
Homes Platinum certification as established by the LEED® Rating System.
8. Contributions: Contributions shall include, but not limited to, a contribution towards
Historic Preservation programs.
Response: The project would provide an estimated $2.3 million in contributions
that would support transportation, parks and recreation, big blue bus,
transportation management association, early childhood initiatives, affordable
housing, water conservation, and historic preservation programs in the City.
9. Surplus Parking: Public parking shall be reviewed based on parking needs for the
overall downtown area. The driveway location would not be suitable for a public
parking facility due to the lack of visibility along 7 th Court Alley.
Response: As previously discussed in the report, 20 surplus parking spaces at the
project site could be requested by the City to be part of the public parking supply.
It is anticipated that the parking could potentially be for Downtown employees who
purchase monthly parking permits from the City. Use of the parking spaces by
monthly parking permit employees who would be familiar with locating the project’s
subterranean garage would address concerns for the lack of driveway visibility. As
discussed, use of the shared parking by existing or new monthly parki ng permit
employees could increase parking availability within the public parking garages
and facilities that are more centrally located in the Downtown area.
1560 Lincoln Blvd
Santa Monica, CA 90401
Corner Rendering / 10.13.2015
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UNIT COUNT 7% LOFT 3 9% ONE BR 44% TWO BR 10% THREE BR 100% Total MEETING PRIORITY LIST CRITERIA OF:20% MIN. TWO BR 10% MIN. THREE BROPEN SPACE PROVIDED OPEN SPACE:G ROUND LEVEL COMMON OPEN SPACE:1ST FLOOR PASEO 1ST FLOOR RETAIL UNCOVERED PATIO 1ST FLOOR RETAIL COVERED PATIO SUBTOTAL GROUND LEVEL:ADDITIONAL COMMON OPEN SPACE:2ND FLOOR COURTYARD 5TH FLOOR ROOF DECK PRIVATE OPEN SPACE (BALCONIES > 35 SF):100 BALCONIES @ 50 SF AVERAGE GRAND TOTAL:5,500 SF 775 SF 1,500 SF 7,775 SF 3,000 SF 1,500 SF 5,000 SF 17,275 SF*GROUND FLOOR OPEN SPACE RATIO:7,775 SF / 37,500 LOT AREA = 20.7%* DOES NOT INCLUDE 8,000 SF ROOF DECKREQUIRED OPEN SPACE PER DRAFT DSP:37,500 LOT AREA X 30% = 11,250 SF SITE:1560 LINCOLN BLVD
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AFFORDABLE HOUSING AFFORDABLE HOUSING PRODUCTION PROGRAM COMPLIANCE T HIS PROJECT SHALL COMPLY WITH SECTION 9.56.040 OF THE SMMC PROVIDING 20% AFFORDABLE UNITS ON-SITE AS FOLLOWS:10% 1-BEDROOMS AT 50% ADJUSTED MEDIAN INCOME = 10 UNITS 5% 2-BEDROOMS AT 50% ADJUSTED MEDIAN INCOME = 5 UNITS 5% 2-BEDROOMS AT 80% ADJUSTED MEDIAN INCOME = 5 UNITS AVERAGE AFFORDABLE BEDROOM COUNT = 1.5 BEDROOMS/UNIT
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UNIT MIX TYPE QTY. AVG. AREA 7 61 SF 1 BR 14 104 SF 56 536 SF 12 113 SF625 SF 915 SF 1,135 SF392 BR 44 3 BR 10LOFT 7 665 SF TOTAL 100 UNITS1 BR
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PARKING REQUIRED PARKING REQUIREMENTS PER DSP:R ESIDENTIAL - MARKET RATE:Loft: 0.5 stalls / unit 1 BR: 1 stall / unit 2 BR: 1.5 stalls / unit 3 BR: 1.5 stalls / unit RESIDENTIAL - AFFORDABLE:1BR: (1 stall / unit per SMMC) / 2 = .5 stalls / unit 2BR: (1.5 stalls / unit per SMMC) / 2 = .75 stalls / unit VISITOR:10% = .1 stalls / unit COMMERCIAL - RESTAURANT > 5,000 SF 1 stall / 300 sf COMMERCIAL - OUTDOOR DINING > 500 SF 1 stall / 300 sf COMMERCIAL - MONTHLY STALLS7 units x 0.5 = 3.5 stalls 29 units x 1 = 29 stalls 34 units x 1.5 = 51 stalls 10 units x 1.5 = 15 stalls 10 units x .5 = 5 stalls 10 units x .75 = 7.5 stalls 100 units x .1 = 10 stalls TOTAL REQUIRED RESIDENTIAL STALLS: 121 STALLS 13,775 restaurant sf / 300 = 46 stalls 2,680 sf - 500 sf = 2,180 sf / 300 = 7 stalls 20 Stalls TOTAL REQUIRED COMMERCIAL STALLS: 73 STALLS TOTAL REQUIRED RESIDENTIAL + COMMERCIAL: 121 + 73 = 194 STALLS PROVIDED PARKING:RESIDENTIAL: 146 STALLS (25 RESIDENTIAL SURPLUS STALLS)COMMERCIAL: 66 STALLS (13 COMMERCIAL SURPLUS STALLS)MONTHLY: 20 STALLS TOTAL: 232 STALLS
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LINCOLN AVE WEST NTS A 7TH CT EAST NTS B ADJACENT SITE SOUTH NTS C COLORADO AVE NORTH NTS D
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LINCOLN AVE EAST NTS A 7TH CT WEST NTS B ADJACENT SITE NORTH NTS C COLORADO AVE SOUTH NTS D
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(E) ADJACENT 1-STORY BUILDING(E) ADJACENT 2-STORY BUILDING(E) ADJACENT 1-STORY BUILDING(E) ADJACENT 1-STORY BUILDING(E) ADJACENT 1-STORY BUILDING
(E
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56' - 11"26' - 0"44' - 8"22' - 5"
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R
(E
)
P
A
R
K
I
N
G
L
O
T
(E
)
C
O
N
S
T
R
U
C
T
I
O
N
S
I
T
E
(E
)
P
A
R
K
I
N
G
L
O
T
8
8
'
-
6
"
4
9
'
-
6
"
G
R
O
U
N
D
L
E
V
E
L
E
A
S
E
M
E
N
T
1
2
'
-
0
"
1
5
0
'
-
0
"
RE
S
I
D
E
N
T
I
A
L
EN
T
R
A
N
C
E
21
'
-
0
"
48
'
-
0
"
40
'
-
0
"
13
1
'
-
0
"
GROUND LEVEL EASEMENT10' - 0".
E
X
I
S
T
I
N
G
A
L
L
E
Y
PL
A
Z
A
TOTAL SIDEWALK WIDTH20' - 0" MIN
1
5
'
-
0
"
PA
R
K
W
A
Y
B
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S
W
A
L
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PARKWAY LANDSCAPING
6
'
-
0
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L
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G
T
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A
L
S
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W
A
L
K
W
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2
2
'
-
0
"
(
2
0
'
-
0
"
M
I
N
)
CO
U
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T
Y
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R
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T
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N
D
F
L
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R
+8
9
.
7
'
+8
8
.
6
'
+86.8'+87.5'
15
6
0
L
I
N
C
O
L
N
B
L
V
D
CO
L
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R
A
D
O
/
L
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C
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L
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SA
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T
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M
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A
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C
A
9
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1
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E
P
L
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N
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=
5
0
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-
0
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/
1
0
.
1
3
.
2
0
1
5
N
NO
T
E
:
A
V
E
R
A
G
E
N
A
T
U
R
A
L
G
R
A
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E
=
+
8
8
.
1
5
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S
S
S
S
S
S
S
C
C
S
S
S
C
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
S
S
S
S
S
C
C
S
S
S
S
C
S
S
S
S
S
C
ST
O
R
A
G
E
1
5
0
'
-
0
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13
4
'
-
6
"
1
5
0
'
-
0
"
13
4
'
-
6
"
S
T
A
I
R
RE
S
I
D
E
N
T
I
A
L
EL
E
V
A
T
O
R
ST
A
I
R
RE
S
I
D
E
N
T
I
A
L
EL
E
V
A
T
O
R
R
A
M
P
U
P
2
0
%
S
L
O
P
E
M
A
X
.
RE
S
I
D
E
N
T
I
A
L
PA
R
K
I
N
G
S
T
O
R
A
G
E
2
5
'
-
0
"
1
8
'
-
0
"
1
8
'
-
0
"
2
5
'
-
5
"
1
8
'
-
0
"
15
'
-
0
"
2
5
'
-
0
"
1
8
'
-
0
"
8
'
-
6
"
1
8
'
-
0
"
(2
6
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
(3
2
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
TY
P
7'
-
6
"
TY
P
8'
-
6
"
32
'
-
3
"
7
'
-
6
"
39
'
-
3
"
A.B.
PA
R
K
I
N
G
:
18
,
7
6
0
S
F
RE
S
I
D
E
N
T
I
A
L
:
4
7
S
T
A
L
L
41
S
T
A
N
D
A
R
D
S
T
A
L
L
S
8
C
O
M
P
A
C
T
S
T
A
L
L
S
(
1
7
%
)
C.RESIDENTIAL BIKE PARKING:58 LONG TERM STALLS
15
6
0
L
I
N
C
O
L
N
B
L
V
D
CO
L
O
R
A
D
O
/
L
I
N
C
O
L
N
SA
N
T
A
M
O
N
I
C
A
,
C
A
9
0
4
0
1
P 3
P
L
A
N
/
A
s
i
n
d
i
c
a
t
e
d
/
1
0
.
1
3
.
2
0
1
5
NNOTE:COLUMN LOCATIONS WILL BE APPROVED IN THE PLAN CHECK PROCESS
C
S
S
S
S
S
S
S
S
S
S S S S S S S SS S SS S
S
S
S
S
S
S
S S S
S
S
S
S
S
S
S S S S S SS
S
S
S
S
S
S
S
S
S S
S
S C C
S
S
S
S
S
S
C
S
SS
S
C
S
S
S
S
S
S
S
S
S
C
S
S
S
S
RE
S
I
D
E
N
T
I
A
L
PA
R
K
I
N
G
ST
O
R
A
G
E
1
5
0
'
-
0
"
25
0
'
-
0
"
150' - 0"
25
0
'
-
0
"
STORAGE
18
'
-
0
"
2
5
'
-
0
"
1
8
'
-
0
"
1
8
'
-
0
"
2
7
'
-
0
"
1
8
'
-
0
"
RE
T
A
I
L
EL
E
V
A
T
O
R
S
T
A
I
R
RE
S
I
D
E
N
T
I
A
L
EL
E
V
A
T
O
R
R
A
M
P
CL
R
20
'
-
0
"
2
0
%
S
L
O
P
E
M
A
X
.
RE
S
I
D
E
N
T
I
A
L
EL
E
V
A
T
O
R
ST
O
R
A
G
E
1
8
'
-
0
"
2
5
'
-
8
"
1
8
'
-
0
"
2
5
'
-
5
"
1
8
'
-
0
"
18
'
-
0
"
2
5
'
-
0
"
1
8
'
-
0
"
(
2
4
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
STORAGE
(
1
8
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
ST
A
I
R
BI
C
Y
C
L
E
RE
P
A
I
R
AR
E
A
1
8
'
-
0
"
(
1
8
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
(
1
8
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
7'
-
3
"
7'
-
6
"
(1
4
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
(1
4
)
B
I
C
Y
C
L
E
P
A
R
K
I
N
G
9
'
-
0
"
8
'
-
0
"
9
'
-
0
"
9'
-
0
"
6
'
-
2
"
9
'
-
0
"
TY
P
8'
-
6
"
TY
P
7'
-
6
"
1
5
'
-
0
"
15' - 0"
10
'
-
0
"
1
0
'
-
0
"
16
'
-
7
"
2
4
'
-
2
"
2
4
'
-
0
"
2
9
'
-
0
"
16
'
-
6
"
A.B.
PA
R
K
I
N
G
:
36
,
5
0
0
S
F
RE
S
I
D
E
N
T
I
A
L
:
8
9
S
T
A
L
L
S
79
S
T
A
N
D
A
R
D
S
T
A
L
L
S
6
C
O
M
P
A
C
T
S
T
A
L
L
S
(
7
%
)
4
D
A
S
S
T
A
L
L
S
C.RESIDENTIAL BIKE PARKING:106 LONG TERM STALLS
15
6
0
L
I
N
C
O
L
N
B
L
V
D
CO
L
O
R
A
D
O
/
L
I
N
C
O
L
N
SA
N
T
A
M
O
N
I
C
A
,
C
A
9
0
4
0
1
P 2
P
L
A
N
/
A
s
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n
d
i
c
a
t
e
d
/
1
0
.
1
3
.
2
0
1
5
NNOTE:COLUMN LOCATIONS WILL BE APPROVED IN THE PLAN CHECK PROCESS
S S S S S S S S
S
S
S
S
C
S S
S
S
S
S
S S S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
C
C
C
S
C
S
S
C CS S S
S
S
S S S S S
S
SC SC
S
S
S
S
S S
S
C C
C
S
C
C
C
S
S
S
S
S
S
S
S
S
S
S
S
C
S
C
S
C
ST
O
R
A
G
E
STORAGE
25
0
'
-
0
"
150' - 0"
25
0
'
-
0
"
1
5
0
'
-
0
"
R
A
M
P
R
E
S
I
D
E
N
T
I
A
L
E
L
E
V
A
T
O
R
S
T
A
I
R
ST
A
I
R
25
'
-
0
"
1
8
'
-
0
"
1
8
'
-
0
"
2
5
'
-
0
"
1
8
'
-
0
"
1
8
'
-
0
"
2
7
'
-
0
"
1
8
'
-
0
"
CL
R
20
'
-
0
"
2
0
%
S
L
O
P
E
M
A
X
.
RE
T
A
I
L
EL
E
V
A
T
O
R
15
'
-
0
"
(9
)
C
O
M
M
B
I
K
E
PA
R
K
I
N
G
EL
E
C
T
R
I
C
A
L
CO
M
M
E
R
C
I
A
L
PA
R
K
I
N
G
RE
S
I
D
E
N
T
I
A
L
EL
E
V
A
T
O
R
SH
O
W
E
R
STORAGE
1
8
'
-
0
"
2
5
'
-
2
"
1
5
'
-
0
"
1
8
'
-
0
"
2
5
'
-
8
"
1
8
'
-
0
"
MO
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
MO
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
M
O
N
T
H
L
Y
TR
A
S
H
1
8
'
-
0
"
6
'
-
0
"
GU
E
S
T
GU
E
S
T
G
U
E
S
T
G
U
E
S
T
G
U
E
S
T
G
U
E
S
T
G
U
E
S
T
G
U
E
S
T
G
U
E
S
T
G
U
E
S
T
9
'
-
0
"
8
'
-
0
"
9
'
-
0
"
18
'
-
0
"
9'
-
0
"
6
'
-
2
"
9
'
-
0
"
9'
-
0
"
8
'
-
0
"
17
'
-
3
"
A.B.
PA
R
K
I
N
G
:
36
,
5
0
0
S
F
CO
M
M
E
R
C
I
A
L
:
6
6
S
T
A
L
L
S
53
S
T
A
N
D
A
R
D
S
T
A
L
L
S
10
C
O
M
P
A
C
T
S
T
A
L
L
S
(
1
5
%
)
3
D
A
S
S
T
A
L
L
S
C.D.
MO
N
T
H
L
Y
P
A
R
K
I
N
G
:
2
0
S
T
A
L
L
S
12
S
T
A
N
D
A
R
D
S
T
A
L
L
S
7
C
O
M
P
A
C
T
S
T
A
L
L
S
(
4
0
%
)
1
D
A
S
S
T
A
L
L
CO
M
M
E
R
C
I
A
L
B
I
K
E
P
A
R
K
I
N
G
:
9
L
O
N
G
T
E
R
M
S
T
A
L
L
S
E.RESIDENTIAL GUEST: 10 STALLS 9 STANDARD STALLS 1 DAS STALL
15
6
0
L
I
N
C
O
L
N
B
L
V
D
CO
L
O
R
A
D
O
/
L
I
N
C
O
L
N
SA
N
T
A
M
O
N
I
C
A
,
C
A
9
0
4
0
1
P 1
P
L
A
N
/
A
s
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n
d
i
c
a
t
e
d
/
1
0
.
1
3
.
2
0
1
5
NNOTE:COLUMN LOCATIONS WILL BE APPROVED IN THE PLAN CHECK PROCESS
COLORADO AVE
LI
N
C
O
L
N
B
L
V
D
7T
H
C
T
D
R
I
V
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W
A
Y
A
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P
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LO
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F
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C
A
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F
F
U
T
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R
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TI
C
K
E
T
B
O
O
T
H
25
0
'
-
0
"
32' - 6"45' - 0"26' - 0"51' - 10"150' - 0"
1
5
0
'
-
0
"
25
0
'
-
0
"
1
4
F
T
.
C
L
R
H
T
20
'
-
3
"
21
'
-
0
"
43
'
-
0
"
50
'
-
0
"
38
'
-
4
"
18
'
-
8
"
69' - 1"GROUND LEVEL SETBACK10' - 0"
2
0
%
S
L
O
P
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M
A
X
.
LI
N
E
O
F
B
U
I
L
D
I
N
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A
B
O
V
E
LINE OF BUILDING ABOVE ALLEY CENTERLINE
14
1
6
S
F
CO
M
M
E
R
C
I
A
L
6
1
'
-
6
"
8
5
'
-
6
"
3
'
-
0
"
OUTDOOR DINING 2,680 SF
15
1
7
S
F
CO
M
M
E
R
C
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A
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LO
F
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LO
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PA
S
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5,
0
0
0
S
F
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S
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D
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N
T
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L
LO
B
B
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LO
F
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F
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CO
M
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TR
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15
1
1
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M
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C
I
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16
2
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S
F
CO
M
M
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C
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A
L
1720 SFCOMMERCIAL 1319 SFCOMMERCIAL 1464 SFCOMMERCIALSTAIR
ST
A
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V
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ST
A
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PA
R
K
W
A
Y
B
I
O
S
W
A
L
E
PARKWAY LANDSCAPING
69
'
-
0
"
40
'
-
0
"
11
6
'
-
1
"
34' - 6"
2
5
'
-
0
"
12
0
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F
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AB
O
V
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12
0
S
F
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11
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F
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32' - 6"34' - 6"41' - 9"SIDEWALK20' - 0" MIN
S
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5 SHORT TERM BIKE PARKING3 SHORT TERM BIKE PARKING
1
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15
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0
L
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73
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9
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40
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63
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6'
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RESIDENTIAL:(10) 1-BR UNITS (12) 2-BR UNITS (2) 3-BR UNITS (24) TOTAL UNITS
15
6
0
L
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N
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25
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2
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2
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69
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31
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80
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RESIDENTIAL:(10) 1-BR UNITS (12) 2-BR UNITS (2) 3-BR UNITS (24) TOTAL UNITS
15
6
0
L
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RESIDENTIAL:(10) 1-BR UNITS (12) 2-BR UNITS (2) 3-BR UNITS (24) TOTAL UNITS
15
6
0
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15
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10.13.2015
10.13.2015
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P
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S
A
N
D
T
R
A
N
S
I
T
I
O
N
S
W
I
L
L
B
E
AP
P
R
O
V
E
D
I
N
T
H
E
P
L
A
N
C
H
E
C
K
P
R
O
C
E
S
S
1560 Lincoln Blvd
Santa Monica, CA 90401
Corner Rendering / 10.13.2015
LINCOLN / COLORADO
1560 Lincoln Blvd
Santa Monica, CA 90401
Paseo Rendering / 10.13.2015
LINCOLN / COLORADO
1560 Lincoln Blvd
Santa Monica, CA 90401
Courtyard Rendering / 10.13.2015
LINCOLN / COLORADO
1560 Lincoln Blvd
Santa Monica, CA 90401
Lincoln Blvd Rendering / 10.13.2015
LINCOLN / COLORADO
1560 Lincoln Blvd
Santa Monica, CA 90401
LINCOLN / COLORADO
1560 Lincoln Blvd
Santa Monica, CA 90401
Colorado Blvd Rendering / 10.13.2015
LINCOLN / COLORADO
1560 Lincoln Blvd
Santa Monica, CA 90401
Retail Plaza Rendering / 10.13.2015
LINCOLN / COLORADO
Reference:
Agreement No. 10204
(CCS)