O2565City Council -Meeting: December 12-,-2017 Santa -Monica, -California --- --- - --
ORDINANCE NUMBER Z-5iC5 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION,
AND NMS1313 6th STREET, LLC
WHEREAS, Developer is the owner of certain real property located at 1313-1325
6th Street in the City of Santa Monica, in the County of Los Angeles, California (hereinafter
referred to as the "Subject Property"); and
WHEREAS, Developer wishes to construct a 6 -story, 60 -foot high, building totaling
64 residential units, 4,860 square feet of indoor commercial space, 1,697 square feet of
outdoor ground floor commercial space, 138 parking spaces within four levels of
subterranean parking (hereinafter referred to as the "Project'); and
WHEREAS, the Project is exempt from the provisions of the California
Environmental Quality Act ("CEQA")(Public Resources Code sections 21000 et seq.)
because it meets all of the criteria under CEQA section 21155.1, as more fully detailed in
the accompanying City Council staff report prepared for this Project (under Environmental
Analysis); and
1
------------ ---W- H€RE-AS -- the--proposed—DevelopmentAgreement—is—consistent with—the— -
objectives, policies, general land uses and programs specified in the Land Use and
Circulation Element ("LUCE") and Downtown Community Plan ("DCP"), as described
below and as detailed in the accompanying City Council staff report prepared for this
Project and exhibits thereto, including but not limited to the following findings ("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 DCP Goal LU1 calls for a high quality, mixed-use district
offering opportunities for housing for people across the income spectrum, jobs arts
and culture, local -serving retail and gathering places. The proposed mixed-use
project includes expansive outdoor seating areas that are gathering spaces and
that will support restaurant and other neighborhood serving uses on the ground
floor. Consistent with DCP Goal LU4, the mixed-use project provides a range of
housing opportunities, including affordable and family housing. The project will
provide 15 affordable housing units in proximity to the future light rail transit and
employment center within the Downtown core, and 10 three-bedroom family units.
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, and early childhood initiatives in the City.
2
2. The -proposed -development agreement is- compatible -with -the-usesauthorized-in - - ---
the district in which the real property is located, in that the subject property is
located in the NV Neighborhood Village Downtown Community Plan District, which
supports mixed-use development. The proposed development agreement is
consistent with LUCE Policy 825.11 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 15 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, vacant parcel used for surface parking with
a mixed-use project that is compliant with the DCP. The site is currently vacant
(undeveloped). The proposed project includes 64 new residential units on the
upper floors and 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, and early childhood
initiatives. Further, the project seeks to be consistent with the City's sustainability
goals by committing to LEEDO for Homes Platinum certification, the use of
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----- —- —renewable- sources for heating the-roof-top-pooITpowering the -projects 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 DCP. 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 64 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, and early childhood initiatives 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 DCP.
6. The proposed development agreement will have a positive impact on the City that
will enhance Santa Monica's highly valued community character. The project
would provide monetary contributions that would support transportation, parks and
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- recreation,-early-childhood-initiatives; affordable-housing,-historic-preservation-and
cultural arts programs in the City. Further, the ground floor commercial uses would
generate City business license and sales tax revenues towards the City's general
fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon Findings 1-6, as referenced in the recitals, above, the
Development Agreement attached hereto as Exhibit 1 and incorporated herein by
reference by and between the City of Santa Monica, a municipal corporation, and
NMS1313 611 Street, LLC, is hereby approved.
SECTION 2. Each and every term and condition of the Development Agreement
approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica
Municipal Code and any appendices thereto. The City Council of the City of Santa Monica
finds that public necessity, public convenience, and general welfare require that any
provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the
provisions of this Development Agreement, to the extent of such inconsistencies and no
further, be repealed or modified to that extent necessary to make fully effective the
provisions of this Development Agreement,
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION-4. If—any —sectionsubsectionsentence,clause,or—phrase—of-this—
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days
from its adoption.
APPROVED AS TO FORM:
LANE DILG
City Attorney
A
DEVELOPMENT AGREEMENT
7
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
No Recording Fee Required
California Government Code Section 27383
Space Above Line For Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF SANTA MONICA
AND
1313 6TH STREET LLC
,2017
Recitals...........................................................................................................................................
l
Article1
Definitions..............................................................................................................3
Article 2
Description of the Project......................................................................................
6
2.1
General Description...............................................................................................7
2.2
Principal Components of the Project.....................................................................
7
2.3
No Obligation to Develop......................................................................................
7
2.4
Vested Rights.........................................................................................................
8
2.5
Authorized Uses...................................................................................................10
2.6
Alcoholic Beverage Permits................................................................................11
2.7
Significant Project Features.................................................................................11
2.8
LUCE Community Benefits.................................................................................12
2.9
Parking.................................................................................................................30
2.10
Design..................................................................................................................
31
2.11
Contract With City...............................................................................................
31
Article 3
Construction.........................................................................................................
32
3.1
Construction Mitigation Plan ...............................................................................
32
3.2
Construction Hours..............................................................................................
32
3.3
Outside Building Permit Issuance Date...............................................................
32
3.4
Construction Period.............................................................................................
32
3.5
Damage or Destruction....................................................................:...................
32
Article 4
Project Fees, Exactions, and Conditions..............................................................
33
4.1
Fees, Exactions, and Conditions..........................................................................33
4.2
Conditions on Modifications................................................................................
33
i
---- - 4-3
ImplementationofConditions-of Approval...:::.............................................:...
33 -- - -
Article 5
Effect of Agreement on City Laws and Regulations...........................................
33
5.1
Development Standards for the Property; Existing Regulations .........................33
5.2
Permitted Subsequent Code Changes..................................................................
35
5.3
Common Set of Existing Regulations..................................................................
36
5.4
Conflicting Enactments........................................................................................
36
5.5
Timing of Development.......................................................................................
36
Article 6
Architectural Review Board................................................................................
37
6.1
Architectural Review Board Approval................................................................37
6.2
Expiration of ARB Approval...............................................................................
37
Article 7
City Technical Permits.........................................................................................
37
7.1
Definitions............................................................................................................37
7.2
Diligent Action by City........................................................................................
37
7.3
Conditions for Diligent Action by the City..........................................................
38
7.4
Duration of Technical City Permits.....................................................................
39
7.5
Accessibility of Affordable Units........................................................................
39
Article 8
Amendment and Modification.............................................................................40
8.1
Amendment and Modification of Development Agreement ...............................
40
Article9
Term.....................................................................................................................40
9.1
Effective Date......................................................................................................
40
9.2
Term.....................................................................................................................41
Article 10
Periodic Review of Compliance..........................................................................
41
10.1
City Review.........................................................................................................
41
10.2
Evidence of Good Faith Compliance...................................................................41
10.3
Information to be Provided to Developer............................................................
41
ii
- ------ --- - 10:4
-Notice of -Breach, -Cure -Rights.- ::::::,-:::..............................................................
41 -- - -
10.5
Failure of Periodic Review..................................................................................
42
10.6
Termination of Development Agreement............................................................
42
10.7
City Cost Recovery..............................................................................................42
Article11
Default..................................................................................................................42
11.1
Notice and Cure...................................................................................................
42
11.2
Remedies for Monetary Default...........................................................................
43
11.3
Remedies for Non -Monetary Default..................................................................
43
11.4
Modification or Termination Agreement by City ................................................
45
11.5
Cessation of Rights and Obligations....................................................................45
11.6
Completion of Improvements..............................................................................
46
Article12
Mortgagees............................................................................................................46
12.1
Encumbrances on the Property............................................................................
46
Article 13
Transfers and Assignments..................................................................................48
13.1
Transfers and Assignments..................................................................................48
13.2
Release Upon Transfer.........................................................................................
48
Article 14
Indemnity to City.................................................................................................
48
14.1
Indemnity.............................................................................................................
48
14.2
City's Right to Defense........................................................................................
49
Article 15
General Provisions...............................................................................................49
15.1
Notices.................................................................................................................
49
15.2
Entire Agreement; Conflicts................................................................................
50
15.3
Binding Effect......................................................................................................
50
15.4
Agreement Not for Benefit of Third Parties........................................................
50
15.5
No Partnership or Joint Venture..........................................................................
50
iii
-------- 15:6-
Estoppel Certificates:- .::::. :::::::::.....::: :::-:_...::::-:-., :-::.-.::,-:-......
:50--- ----------
15.7
Time.....................................................................................................................51
15.8
Excusable Delays.................................................................................................
51
15.9
Governing Law....................................................................................................
52
15.10
Cooperation in Event of Legal Challenge to Agreement .....................................
52
15.11
Attorneys' Fees....................................................................................................
52
15.12
Recordation..........................................................................................................53
15.13
No Waiver............................................................................................................53
15.14
Construction of this Agreement...........................................................................
53
15.15
Other Governmental Approvals...........................................................................
53
15.16
Venue..................................................................................................................54
15.17
Exhibits................................................................................................................
54
15.18
Counterpart Signatures.........................................................................................
55
15.19
Certificate of Performance...................................................................................55
15.20
Interest of Developer............................................................................................
55
15.21
Operating Memoranda.........................................................................................55
15.22
Acknowledgments, Agreements and Assurance on the Part of Developer .........
55
15.23
Not a Public Dedication.......................................................................................
56
15.24
Other Agreements................................................................................................
57
15.25
Severability and Termination...............................................................................
57
Exhibit "A"
Legal Description of Property
Exhibit `B"
711 Colorado Legal Description
Exhibit "C"
711 Colorado Deed Restriction
Exhibit "D"
Project Plans
Exhibit `B"
Zoning Ordinance (SMMC Article 9)
Exhibit "F"
Permitted Fees and Exactions and Conditions of Approval
Exhibit "G"
Alcohol Conditions
Exhibit "H"
Off -Site Deed Restriction
iv
-- --------Exhibit "r-' - -Agreement Imposing Restrictions on Rents &- Occupancy -of-Real---- ---- --
Property
Exhibit "J-1" and "J-2" Local Hiring Program
Exhibit "K" Construction Mitigation Plan
Exhibit "L" Assignment and Assumption Agreement
v
--- -- ------ ----------------DEVELOPMENT AGREEMENT-- - — ---- ---- ---
This Development Agreement ("Agreement"), dated 2017 ("Effective
Date"), is entered into by and between 1313 6h' Street LLC, a Delaware limited liability
company ("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. and Chapter 9.60
of the Santa Monica Municipal Code (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 15,000 square feet of land located in the
City of Santa Monica, State of California, commonly known as 1325 6th Street, Santa Monica
CA as more particularly described in Exhibit "A" attached hereto and incorporated herein by
this reference (the "Property").
C. The City has identified the approximately 15,000 square foot Property within the
Downtown District in the City's Land Use and Circulation Element of its General Plan (the
"LUCE") and within the "Neighborhood Village" land use district of the Downtown Community
Plan area. To aid in the redevelopment of the Property, the City and Developer desire to allow
Developer to construct a residential mixed use project with subterranean parking.
D. On June 25, 2015, 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.
12DEV-005. The Development Application is to permit construction of a six (6) story, sixty
(60) -foot mixed- use project consisting of sixty-four (64) residential rental units above 11,057
square feet of ground floor neighborhood -serving commercial uses (including service area) and
one hundred and thirty-eight (13 8) below grade parking spaces, as more fully described in this
Agreement.
E. On July 25, 2017, the City Council adopted the "Downtown Community Plan"
("DCP") which includes development standards and regulations that govern the Property. The
City Council adopted related amendments to the Citywide Zoning Ordinance ("Zoning
Ordinance") on August 8, 2017 which further regulate development in the downtown area.
The DCP limits residential/mixed use projects in the "Neighborhood Village" District to 60 -feet
in height and a 3.5 to 1 Floor Area Ratio. DCP Section 9.10.110 allows Development
Agreements to modify any DCP standard other than building height and FAR.
F. The proposed Project at the Property is consistent with the LUCE and all aspects
of the City's General Plan, and the DCP height and FAR limits, but varies in certain aspects from
other DCP and Zoning Ordinance standards and regulations. Therefore, adoption of this
Agreement will allow for the issuance of permits for the Project.
-- -- -G. Developer has-paid-all-neeessary-eosts-and-fees-associated v ith-the-City's ---- - ----
processing of the Development Application and this Agreement.
H. 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 21155 and 21155.1.
I. The primary purpose of the Project is to provide a mix of uses including 64
residential units above 11,057 square feet of ground floor commercial uses (including service
area) and one hundred and thirty-eight (13 8) total subterranean automobile parking spaces as
well as off-site Affordable Units located at 711 Colorado. 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.
J. 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 the DCP, and (7) otherwise achieve the goals and purposes for which the Development
Agreement Statutes were enacted.
K. 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) seven (7) Affordable
Units for Thirty Percent Income Households and a minimum of nine (9) ) Affordable Units for
One Hundred Percent Income Households, for a total of sixteen (16) Affordable Units located
within an off-site 100% Affordable Senior Housing Project at 711 Colorado Avenue; (b)
sustainable building design at a LEED® Platinum certification rating, (c) transportation demand
management ("TDM") benefits, (d) additional Transportation, Parks and Recreation and
Affordable Housing Commercial Linkage Fees in excess of SMMC requirements, (e) electric
vehicle charging stations, (f) photovoltaic rooftop panels, (g) a local hiring program and (h) a
local housing preference plan.
L. 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 and
the DCP.
M. On October 4, 2017, 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 including this Agreement.
2
-- -- N- On -November -28; 2017, 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.
O. On December 12, 2017, the City Council adopted Ordinance No.
approving this Agreement.
NOW THEREFORE, in consideration for the covenants and conditions hereinafter set
forth, the Parties hereto do hereby agree as follows:
ARTICLE 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 "611 Street Parking Easement" means that certain Parking Rights Easement
Agreement and Right of First Refusal, dated as of May 15, 2012, by and between Developer and
Alcion (as defined below), recorded in the Official Records (as defined below) on May 16, 2012
as Document No. 20120733486, as amended, modified, supplemented and/or assigned by (a) that
certain Assignment of Right of First Refusal, dated as of September 12, 2016, by and between
Alcion and PS 1314 (as defined below), recorded in the Official Records on October 5, 2016 as
Document No. 20161219663, and (b) that certain First Amendment to Parking Rights Easement
Agreement and Right of First Refusal, dated as of December 16, 2016, by and among Developer,
Alcion and PS 1314, recorded in the Official Records on December 28, 2016 as Document
No. 20161647712, as further amended, modified and/or supplemented from time to time.
1.2 "711 Street Parking Easement" has the meaning in Section 9.1(b) below.
1.3 "100% Affordable Senior Housing Project" means the off-site affordable
housing project described in Section 2.8.1 located at 711 Colorado Avenue. This defmition is
specific to this Agreement and modifies the definition of 100% Affordable Housing Project
included in SMMC §9.52.020.0050. Notwithstanding DCP Section 9.10.070C. I (a)(ii)(1), the
100% Affordable Senior Housing Project may be owned in whole or in part and/or operated by
the Developer, or a related entity, as opposed to a non-profit housing provider.
1.4 "711 Colorado" means the approximately 7,500 square feet of land located in the
City of Santa Monica, State of California, commonly known as 711 Colorado Avenue, as more
particularly described in Exhibit `B" attached hereto and incorporated herein by this reference.
1.5 "711 Colorado Deed Restriction" means the Replacement Agreement Imposing
Restrictions on Rents & Occupancy for a 100% Affordable Senior Housing Project to be
developed at 711 Colorado, entered into on April 22, 2015 and recorded in the Los Angeles
County Clerk Recorder's office on July 16, 2015 as Instrument No. 20150860370, attached to
this Agreement as Exhibit "C".
1.6 "Affordable Rent" means
- -- - - -- 1.6A — For Thirty Percent Ineome-Households the-produet of -thirty -percent times --
thirty percent of the Area Median Income adjusted for household size appropriate for the
unit. Notwithstanding anything to the contrary herein, Affordable Rent limits for the Off -Site
Affordable Senior Units shall be subject to applicable provisions of the 711 Colorado Deed
Restriction.
1.6.2 For One Hundred Percent Income Households, the product of thirty
percent times the Area Median Income adjusted for household size appropriate for the unit.
Notwithstanding anything to the contrary herein, Affordable Rent limits for the Off -Site
Affordable Senior Units shall be subject to applicable provisions of the 711 Colorado Deed
Restriction.
1.7 "Affordable Units" means dwelling units associated with the Project that are
deed restricted for the greater of seventy-five (75) years or the Life of the Project and are
available to and occupied by Thirty Percent Income Households and/or One Hundred Percent
Income Households at Affordable Rent.
1.8 "Agreement" means this Development Agreement entered into between the City
and Developer as of the Effective Date.
1.9 "ARB" means the City's Architectural Review Board.
1.10 "Area Median Income or AMI" has the same meaning asset forth in SMMC
section 9.64.020(K) for the On -Site Affordable Units and has the meaning set forth in Section 3
of the 711 Colorado Deed Restriction for the Off -Site Affordable Senior Units (defined as
income equal to two (2) times the very low income limit for a four person household in the Los
Angeles County area as established periodically by the Department of Housing & Urban
Development ("HUD"), but in no event less than $85,400).
1.11 `Building" means the Project's or the 100% Affordable Senior Housing Project's
single above grade structure.
1.12 "Building Height" means the vertical distance at any point in a given plane
measured from the Average Natural Grade (ANG), Segmented Average Natural Grade (SANG),
or Theoretical Grade (TG) as defined in Sections 9.52.020.0990, 9.52.020.1020, and
9.52.020.1030, respectively, of the Zoning Ordinance.
1.13 "City Council" means the City Council of the City of Santa Monica, or its
designee.
1.14 "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.
1.15 "City Parties" means the City, its City Council, boards and commissions,
departments, officers, agents, employees, volunteers and other representatives.
1.16 "Certificate of Occupancy" means either temporary or permanent Certificate of
Occupancy, unless otherwise expressly specified in this Agreement.
0
- --- -- - 1.1-7-- -- "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.
1.18 "Downtown Community Plan" is a Specific Plan adopted by the City Council
by Resolution #11061 (CCS) on July 25, 2017 to regulate development in the downtown area, as
well as related zoning ordinance amendments (Ordinance Nos. 2551, 2552, and 2553) adopted
by the City Council (on second reading) on August 8, 2017.
1.19 "Effective Date" has the meaning set forth in Section 9.1, below.
1.20 "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.
1.21 "Floor Area Ratio' and FAR" means floor area ratio as defined in
Section 9.52.020.0880 of the Zoning Ordinance.
1.22 "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."
1.23 "Legal Action" means any action in law or equity.
1.24 "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 seventy five (75) 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.
1.25 "Lincoln Easement' has the same meaning set forth in Section 9.1(c), below.
1.26 "Maximum Floor Area" means 46,124 square feet of floor area.
1.27 "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.
1.28 "Off -Site Affordable Senior Units" means the Affordable Units associated with
the Project made available to and occupied by Thirty and/or One Hundred Percent Income
Households at Affordable Rent, within the 100% Affordable Senior Housing Project located off-
site at 711 Colorado.
1.29 "Off -Site Deed Restriction" means the deed restriction to be recorded against
711 Colorado in form substantially similar to Exhibit "H".
- - - -------l.30---"On-Site Affordable Units" means -dwelling the -Project -that are --------- -
- - -----------
deed restricted for the greater of 75 years of the Life of the Project and are available to and
occupied by Thirty Percent Income Households at Affordable Rent.
1.31 "On -Site Deed Restriction" means the deed restriction to be recorded against the
Property in form of Exhibit "P'.
1.32 "One Hundred Percent Income Household" for the On -Site Affordable Units
means a household whose gross income does not exceed the Median Income limits applicable to
Los Angeles County, adjusted for household size, as published and periodically updated by the
City; and for the Off -Site Affordable Units has the same meaning as set forth in Section 4 of the
711 Colorado Deed Restriction.
1.33 "Parties" mean both the City and Developer and "Party" means either the City
or Developer, as applicable.
1.34 "Planning Director" means the Planning Director of the City of Santa Monica, or
his or her designee.
1.35 "Project' means the development project reflected on the Project Plans.
1.36 "Project Plans" mean the plans for the Project that are attached to this
Agreement as Exhibit "D".
1.37 "Rental Housing Units" means the 64 residential rental units in the Project.
1.38 "Senior Citizens" means a person 55 years of age or older, as defined by Civil
Code Sections 51.3(b)(1) and 51.3(b)(4).
1.39 "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.
1.40 "Thirty Percent Income Household" means a household whose gross income
does not exceed the 30% income limits applicable to Los Angeles County, adjusted for
household size, as published and periodically updated by the City; and for the Off -Site
Affordable Units has the same meaning as set forth in Section 4 of the 711 Colorado Deed
Restriction.
1.41 "WISE and Healthy Aging" a Santa Monica based non-profit agency whose
mission is to enhance the dignity, independence and quality of life for older adults through
leadership, advocacy and innovative services.
1.42 "Zoning Ordinance" means the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance (Chapter 9.01 to 9.52 of the SMMC) set forth in its entirety as part of
Exhibit "E" (Planning and Zoning).
ARTICLE 2
DESCRIPTION OF THE PROJECT
----- --- -- 2..1-- General-Desgliption.-T-he-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:
2.2.1 Demolition and removal of the existing structures and uses on the
Property
2.2.2 Construction of a new multi -story mixed-use residential/commercial
building with a Maximum Floor Area of 46,124 square feet, including:
(a) On and above the ground floor, 64 market rate residential
apartment units, consisting of 10 three -bedrooms, 13 two -bedrooms, 32 one -bedrooms, and 9
studio units, and accessory uses including courtyards and roof decks for use by the occupants of
the housing units and their guests as depicted on the Project Plans;
(b) Up to 6,557 square feet of indoor and outdoor commercial Floor
Area on the ground floor and 4,500 square feet of service area;
2.2.3 Construction of a four (4) -level subterranean parking garage with 138
parking spaces and other uses in accordance with the Project Plans and as described further in
this Article 2 and Section 2.5 below;
2.2.4 Ensuring the development of affordable housing through the development
of a 100% Affordable Senior Housing Project on the property located at 711 Colorado in
accordance with Sections 2.7.4 and 2.8.1. Alternatively, due to the risk that the 100%
Affordable Senior Housing Project described in Section 2.8.1(a) may not be completed despite
Developer's good faith efforts to ensure the 100% Affordable Senior Housing Project is realized,
On -Site Affordable Housing units may be provided pursuant to Sections 2.7.4(b) and 2.8.1(c).
2.3 No Obligation to Develop.
2.3.1 Except as specifically provided herein:
(a) Nothing in this Agreement shall be construed to require Developer
to proceed with the construction of the Project or any portion thereof.
(b) The decision to proceed or to forbear or delay in proceeding with
construction of the Project or any portion thereof shall be in Developer's sole discretion.
(c) Failure by Developer to proceed with construction of the Project or
any portion thereof shall not give rise to any liability, claim for damages or cause of action
against Developer, except as may arise pursuant to a nuisance abatement proceeding under
SMMC Chapter 8.96, or any successor legislation.
-- -- - ----- 2.3:2- - Failure by Developer to proceed with constructionofthe-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 2.2.4 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 "F" 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 under the DCP
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;
(c) Any reduction in the number of Affordable Units required under
Section 2.7.4 and 2.8.1.
(d) Any increase in the number of market rate Rental Housing Units in
excess of 64 units;
- (e) Any change in the Rental Housing Units that results -in the -Project
having less than 15% three-bedroom units, less than 20% two-bedroom units, or more than 15%
studio units;
(f) Any increase in the number of parking spaces shown on the Project
Plans.
(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 2.7 and community benefits as set forth in Section 2.8.
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 9.2.1 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;
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, and (c) develop, construct, use and occupy the100% Affordable Senior
Housing Project on the property located at 711 Colorado in accordance with an Administrative
Approval that is consistent with Sections 2.7.4 and 2.8.1 of this Agreement. 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 either (i) 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) and (ii) the 100% Affordable Senior Housing Project on the property located at 711
Colorado which shall be implemented through an Administrative Approval consistent with
Sections 2.7.4 and 2.81 below
0
- - 2.4.6 Foundation Only -Building Permit. SMMC Section 8.08 070(b) allows for - -
issuance of partial permits for portions of a structure. Developer may submit an application for a
single 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 Authorized Uses. The City approves the following permitted uses for the Project:
2.5.1 Above the Ground Floor: Rental housing and amenities for the exclusive
use of occupants of the residential units.
2.5.2 On the Ground Floor:
(a) Permitted Uses. Rental housing (and associated amenities for the
exclusive use of occupants of the residential units) and any non-residential uses permitted by the
Zoning Ordinance 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, Active Neighborhood Serving
Uses of not more than 5,500 square feet of usable area, not including subterranean storage areas,
outdoor dining area, the transformer area, electrical room, bicycle parking areas, meter area, or
refuse area, shall be deemed "small scale establishments." Such uses (a) may not commence
until the requisite business license is obtained, and (b) are not permitted above the ground floor.
(b) 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, with
the exception of any uses that are defined as Permitted Uses herein, 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, Active Neighborhood Serving Uses of not more than 5,500 square feet of usable
area, not including subterranean storage areas, outdoor dining area, the transformer area,
electrical room, bicycle parking areas, meter area, or refuse area, shall be deemed "small scale
establishments." 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.
(c) 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
Ordinance in effect when the use is sought to be established, provided that all such uses shall be
10
- Active Neighborhood Serving Uses as defined in this Section 2.5.2 and shall be subject to -
Section 2.5.2. 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.
2.6 Alcoholic Beverage Permits.
2.6.1 In the event Developer or a business operator proposes anew 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 9.41, or any successor thereto, except for Restaurants
complying with Section 2.6.2 below. No Conditional Use Permit shall be required for catered
events for which Developer obtains the permits then required for such events. This Section 2.6
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.
2.6.2 Restaurants which offer alcoholic beverages incidental to meal service
shall be exempt from the provisions of Section 9.41 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 "G" 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. Notice of the terms and conditions in Exhibit "G"
shall be recorded separately from and concurrently with this Agreement.
2.7 Significant Project Features. Set forth below in this Section 2.7 are the significant
project features to be achieved and/or developed in accordance with the terms of this Agreement.
2.7.1 Increased Tax Revenues. Increasing tax revenues, including sales tax,
property tax, business license tax, parking tax, and utility user's tax;
2.7.2 Aesthetic Enhancement to the Downtown Core. Development of a well-
designed mixed use development;
2.7.3 Construction Employment Opportunities. An estimated one -hundred
(100) new design and construction related employment opportunities;
2.7.4 Affordable Housing Production Program.
(a) In satisfaction of its affordable housing obligations under SMMC
Section 9.64, the Affordable Housing Production Program ("AHPP'), prior to obtaining a
building permit for the Project, Developer shall record a deed restriction against the Property
("On -Site Deed Restriction") to ensure that two (2) one -bedroom and one (1) two-bedroom On -
Site Affordable Units are available to and occupied by Thirty Percent Income Households at
Affordable Rent ("On -Site AHPP Units"), as specified in the On -Site Deed Restriction. The
On -Site Deed Restriction shall be in the form attached hereto as Exhibit "I".
(b) As an alternative to providing the On -Site AHPP Units, Developer
may elect to record a deed restriction against 711 Colorado ("Off -Site Deed Restriction")
substantially in form attached hereto as Exhibit "H" to ensure that four (1) one -bedroom and
one (1) two-bedroom Off -Site Affordable Senior Units are available to and occupied by Senior
11
-Citizen Thirty Percent Income Households at Affordable Rent ("Off -Site AHPP Units"), as
specified in the 711 Colorado Deed Restriction; provided, however, that the Off -Site Deed
Restriction is recorded prior to issuance of the building permit for the Project. The On -Site Deed
Restriction shall terminate upon issuance of a Certificate of Occupancy for the 100% Affordable
Senior Housing Project at 711 Colorado, as more specifically described in Section 2.8.1.
2.7.5 Developer Contribution for Cultural Arts. Developer shall, prior to the
issuance of a building permit for the construction of the Project, satisfy the private developer
cultural arts requirement through payment of one hundred seventeen thousand dollars ($117,000)
fee (in lieu of installation of on-site public art), pursuant to SMMC Chapter 9.30.
2.7.6 Developer Contribution for School Facilities. Developer shall provide the
Santa Monica -Malibu Unified School District with fee revenue for capital improvements as
required by California Gov't Code § 65995;
2.7.7 Water Neutrality Ordinance. Developer shall comply with the terms of the
City's Water Neutrality Ordinance as codified in SMMC Section 7.16.050 er seq. and any
Implementing Regulations promulgated by the Director of Public Works. Developer shall have
the option to pay required in lieu off -set fees as established by the City Council.
2.7.8 Runoff Conservation and Sustainable Management Ordinance. Developer
shall comply with the City's Runoff Conservation and Sustainable Management Ordinance, as
set forth in SMMC Chapter 7.10.
2.7.9 Various standard public improvements and fees. Developer shall pay fees
and construct improvements as required by the Santa Monica Municipal Code.
2.8 LUCE Community Benefits. Set forth below in this Section 2.8 are the additional
community benefits that will be provided by the Project:
2.8.1 Affordable Housine.
(a) In addition to the On -Site AHPP Units provided in accordance
with Section 2.7.4(a), above, Developer shall ensure that two (2) one -bedroom and two (2) two-
bedroom On -Site Affordable Units are available to and occupied by Thirty Percent Income
Households at Affordable Rent ("On -Site Community Benefit Units), as specified in the On -Site
Deed Restriction attached hereto as Exhibit "I".
(b) Alternatively, in the event Developer elects to provide Off -Site
AHPP Units in accordance with Section 2.7.4(b), above, Developer shall ensure that three (3)
one -bedroom Off -Site Affordable Units and two (2) two-bedroom Off -Site Affordable Units are
available to and occupied by Senior Citizen Thirty Percent Income Households at Affordable
Rent, as specified in the 711 Colorado Deed Restriction; and a minimum of eleven (11) studio
Off -Site Affordable Units and ten (10) one -bedroom Off -Site Affordable Units are affordable to
Senior Citizen One Hundred Percent Income Households at Affordable Rent ("Off -Site
Community Benefit Units"), as specified in the 711 Colorado Deed Restriction. The Off -Site
Community Benefit Units shall be included in the Off -Site Deed Restriction attached hereto as
Exhibit `°H".
12
- -- -(c)The Developer's provision of- Off -Site -AHPP Units and -Off -Site -- ---
Community Benefit Units in accordance with Section 2.7.4(b) and Section 2.8.1(b) shall also
satisfy Developer's obligation as set forth in the Deed Restriction Unit Equivalency Table
identified in Section 2(a) of the 711 Colorado Deed Restriction.
(d) The 100% Affordable Senior Housing Project shall be approved by
Administrative Approval pursuant to SMMC Chapter 9.39, and DCP Section 2A.4, subject to the
following specific requirements:
(1) No unit within the 100% Affordable Senior Housing
Project shall be less than 375 square feet in size.
(2) The 100% Affordable Senior Housing Project shall
comply with the terms of the 711 Colorado Deed Restriction, except as expressly modified by
this Agreement and by the Off -Site Deed Restriction referenced and defined in Section
2.8.1(b)(14), below. In the event of any conflict between the 711 Colorado Deed Restriction
and/or the Off -Site Deed Restriction and either the Affordable Housing Production Program set
forth in SMMC Chapter 9.64, the Zoning Ordinance, and/or the DCP, the 711 Colorado Deed
Restriction or the Off -Site Deed Restriction shall control.
(3) The On -Site Affordable Units shall be no smaller than the
average size of comparable market rate units in the Project.
(4) The 100% Affordable Senior Housing Project shall be
exempt from the DCP open space and courtyard requirements. Further, up to thirty (30) percent
of the ground floor building frontage may project into the required ground floor setback along
Colorado Avenue to accommodate mechanical room, utilities, elevator, residential lobby area,
required parking garage access, and/or other essential building functions.
(5) The 100% Affordable Senior Housing Project upper
building levels shall be allowed to cantilever over the building frontage line but in no case over
the property line.
(6) For the Life of the Project, Developer shall coordinate
with City staff and provide an annual contribution of the greater of $5,400 or amount necessary
to pay for a minimum of twelve (12) hours per month of on-site visits and/or case management
services. The contribution shall be payable to the City and used for WISE & Healthy Aging
("WISE") to provide on-site support services to Senior Citizen residents at the 100% Affordable
Senior Housing Project. The first annual payment shall be made concurrently with the execution
of this Agreement and all subsequent payments made on July 1 thereafter. The annual
contribution shall increase annually by CPI. The contribution shall be placed in a restricted
account to be used only for services to residents of the 100%Affordable Senior Housing Project.
Services shall be managed by the City as an enhancement to the Human Services Grant Program
and include, but are not limited to services focusing on referral into and coordination with senior
recreational programming, adult day care, transportation, mental health services and eligibility
determination for government/public benefits, including assistance with application process, as
well as referrals and coordination with other social services agencies within the greater Los
Angeles Westside community. WISE shall have priority access to the 100% Affordable Senior
13
- Housing Project's on-site community room to provide regular office hours and in person -
consultation meetings with project residents and to facilitate community activities serving older
adults. Developer will also identify a van -accessible passenger loading area for pick up and drop
off services on the Project site, subject to review and approval by the City's Mobility Division.
City shall produce annual monitoring reports regarding the services being provided at the 100%
Affordable Senior Housing Project in conjunction with the Human Services Grant Program
regular reporting cycle.
In the event WISE is not able to provide services to residents of the 100% Affordable Senior
Housing Project or is otherwise terminated for any reason, the City shall select an alternate
service provider. The alternate service provider shall be beholden to the same operating
conditions, as required by this Development Agreement.
(7) Developer shall pay for the cost of a Transportation
Allowance for the residents of the 100% Affordable Senior Housing Project as described in this
subsection (6). Developer shall pay for the cost of 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, Breeze Bike Share monthly pass (or other comparable bicycle
share pass), Metro EZ Pass, Metro TAP Pass or equivalent]. Developer and City agree that the
Metro EZ Pass (or a pass of no substantially greater geographic coverage in this same region)
constitutes a regional transit pass and that Developer shall not be obligated to pay for any pass
that exceeds the cost of the Metro EZ Pass. The Resident Transportation Allowance shall be
available to all residents of the 100% Affordable Senior Housing Project listed on a lease and
their immediate family living at the same address. Immediate family includes partner, spouse,
children, and parents. If any resident qualifies for a discounted transit pass (e.g. senior),
Developer shall only be obligated to pay the discounted rate applicable to such resident. A
resident accepting the Transportation Allowance shall elect not to take a parking space(s) at the
100% Affordable Senior Housing Project and be required to execute a contract (and reaffirm
such contract each time the Transportation Allowance is distributed) 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).
(8) Developer shall pay for the cost of wi-fi access (or other
comparable technology as long as wi-fi or other comparable technology is commercial readily
available and provided by a local carrier) for the residents of the 100% Affordable Senior
Housing Project.
(9) The 100% Affordable Senior Housing Project design
must be approved by the ARB, pursuant to SMMC Section 9.55.
(10) The 100% Affordable Senior Housing Project may
include a minimum of 1,200 square feet of ground floor Active Neighborhood Serving Uses, as
defined in Section 2.5.2.
(11) The 100% Affordable Senior Housing Project shall not be
required to provide more than seventeen (17) vehicular parking stalls and one passenger loading
ts!
stall. Theonepassenger loading stall shall be designated on the Project site, and subject to the
approval of the City's Mobility Division.
(12) The 100% Affordable Senior Project shall not be required
to provide more than (i) one (1) long term and (1) short term commercial bicycle parking stalls
and (ii) seventeen (17) long term and two (2) short term residential bicycle parking stalls.
(13) The 100% Affordable Senior Project shall comply with
the Americans for Disabilities Act.
(14) In the event Developer elects to construct the Project and
provide the Off -Site AHPP Units and Off -Site Community Benefit Units in accordance with
Sections 2.7.4(b) and 2.8.1(b), above, then one (1) of the two bedroom Affordable Units
restricted for Thirty Percent Income Households shall be reserved for WISE's exclusive use to
provide temporary shelter for victims of elder abuse (the Elder Abuse Victim Unit). WISE shall
be responsible for occupying and utilizing the Elder Abuse Victim Unit in coordination with the
City's Housing Department. The Elder Abuse Victim Unit shall not be used by any single
eligible occupant for a period lasting more than three (3) months. WISE shall ensure that
eligible Santa Monica Senior Citizen residents be granted first priority for use of the Elder Abuse
Victim Unit.
(e) If the City does not approve the 100% Affordable Senior Housing
Project at 711 Colorado Avenue, Developer may seek City approval of an equivalent 100%
Affordable Senior Housing Project at another location(s) within the LUCE's Downtown after
undertaking all necessary additional environmental review. Such affordable housing project
would be required to comply with all of the provisions of Sections 2.8.1(a) -(b) and 2.7.4(a)
except that the location of the project would not be at 711 Colorado Avenue.
(f) The Project may not obtain its Certificate of Occupancy and shall
not offer residential units for rent until one of the following occurs:
(1) The Off -Site Deed Restriction is recorded against 711
Colorado, a Certificate of Occupancy has been issued for the 100% Affordable Senior Housing
Project at 711 Colorado, and all Off -Site Affordable Units are offered for rent in accordance with
the Off -Site Deed Restriction; or
(2) The On -Site Deed Restriction is recorded against the
Property and all On -Site Affordable Units are offered for rent in accordance with the On -Site
Deed Restriction.
2.8.2 Affordable Housing Availability for Disabled Households.—Developer
shall inform local disability advocacy organizations of the availability of the Affordable Units
and 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 Housing Division is
currently accepting applications.
15
- 2.8.3 Sustainable Design Status: LEEDS Platinum Requirement '_Developer
shall design the Project so that, at a minimum, the Project shall achieve LEEDS "Platinum"
certification under the LEEDS 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 LEEDS credits (that shall
be prepared by the LEEDS 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 LEEDS 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 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.
16
- - 2.8.4 Water Conservation. The Project shall achieve a Water Conservation -
Requirement, defined as, (i) fifty (50) percent 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)
(c)
factor of 3.2 or less;
(d)
water factor of 4.5 or less
1.75 gallons per minute or less showerheads;
Individual clothes washers shall have a CEE integrated water
Common use clothes washers installed shall have an integrated
(e) 0.5 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;
(f) 1.5 gallon per minute kitchen sink faucets;
(g) All commercial tenant space and residential units shall be
individually sub -metered;
2.8.5 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, excluding the
elevators, as depicted on the Project Plans, and in accordance with SMMC Chapter 8.106.
(b) The Project shall be designed to use, and shall achieve, 15% less
energy than required by the California Energy Code.
(c) 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 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 any rooftop areas
designated for tenant amenity space as identified on the Project Plans. 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
17
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.
2.8.6 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 2.8.6(d) must be shown on the construction drawings
and be approved by the City. The TDM Plan shall result in the Developer achieving 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 (this shall not be
applicable to residential units)
(ii) Monitor the TDM Plan
(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
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(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 2.8.6(e)(2)(v) except
that zero emission vehicles shall be counted as vehicles.
(3) Updated statement of commitment from Developer
(4) Update annual budget to implement TDM Plan
(5) Contact information including name, e-mail address, and
proof of certification of the Project Transportation Coordinator, as defined by
Section 2.8.6(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):
(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 maybe 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
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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 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 car sharing service, if such a service is
available from a third -parry provider on terms mutually and reasonably acceptable to such third -
party provider and the Developer (including a reasonable indemnification as well as reasonable
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 car share parking spaces shall be located on the P 1 level, as identified
on the Project Plans.
(2) Measures Applicable to Proi ect'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 six (6) 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, commercial employee secure bicycle storage shall be provided in an
area separate from the secure bicycle storage for residents. The location of the long-term
commercial bicycle parking spaces shall have one electrical outlet for bike battery charging.
(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
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
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.
(3) Measures Applicable to Project's Residential Component
Onlv:
(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 2.8.6(d)(2)(i) with a minimum of ten (10)
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:
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 1/8t° 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.
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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 particularity 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
of such change. Transportation Coordinator services may be provided through the TMA
contemplated in Section 2.8.6(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 2.8.6(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 commercial space.
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„1 of 2.0 within two years
of Certificate of Occupancy. The 2.0 AVR shall continue to be achieved and maintained
thereafter.
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(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 2.8.6(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 showing non-compliance, 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:
A. The AVR calculation shall be based on data
obtained from an employee survey as defined in SMMC Section 9.53.060(13)(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.
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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.
(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 2.8.6(e)(2)(vi) and Section 2.8.6(e)(2)(viii), as applicable, or
the Transportation Allowance identified in Section 2.8.6(e)(3)(iii) shall be offered to the
resident/employee.
(vii) 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.
(viii) Transportation Allowance. Developer must provide
a transportation allowance equal to at least 75 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
24
Pass or equivalent). An employee accepting the TransportationAllowanceshall 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 2.8.6(e)(2)(vi) and this Section
2.8.6(e)(2)_(viii), as applicable, or the Transportation Allowance identified in Section
2.8.6(e)(3)(iii) shall be offered to the residentlemployee.
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.
(ix) 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.
(x) 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 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.
(xi) On-site Shared Bikes. Developer shall provide at
least two free on-site shared bicycles intended for employee use during the work day (e.g.
Bike@Work Program). The number of on-site shared bicycles may be increased by the Planning
Director based on demonstrated demand. This requirement may be combined with on-site shared
bikes for resident and guest use pursuant to Section 2.8.6(e)(3)(iv) of this Agreement. This shall
be optional if citywide bikeshare is available within a 2 -block radius of the project site.
(xii) 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.
(xiii) 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.
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(xiv) Commuter Matching Services. Developer shall
provide commuter matching services for all employees on an annual basis and for all new
employees upon hiring.
(xv) 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:
modes
A. Customer incentive program
B. Public directions prioritizing rideshare
C. Special event rideshare services
D. Shared ride service
(3) Measures Applicable to Project's Residential Component
On1v:
(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 2.8.6(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.
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 75 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
26
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 at
least two free on-site shared bicycles intended for resident and guest use. The number of on-site
shared bicycles may be increased by the Planning Director based on demonstrated demand. This
requirement may be combined with on-site shared bikes for resident and guest use pursuant to
Section 2.8.6(e)(2)(xi) of this Agreement. 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 commercial 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 discretion of Developer, to be approved by the Planning Director through a Minor
Modification, some or all of the services required by this Section 2.8.6(f) may be provided
through the TMA.
(g) Changes to TDMPlan. 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.
27
(h) Compliance Penalty ifAVR Target is Not Achieved. If a 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 is
Total Number of Employee Trips Per Week _ Total Number of Vehicle Trips
Actual AVR i— Produced by Project Per Week
Step 2:
Total Number of Employee Trips Per Week _ Total Number of Vehicle Trips Allowed
AVR Target to Achieve Target AVR Per Week
Step 3:
Total Number of Total Number of _ Vehicle Trip Reduction Necessary _ Dairy Vehicle Reduction
Produced Trips - Allowable Trips to Achieve AVR Target / S "' Nae tied to Achieve AVR Target
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.
2.8.7 Enhanced Transportation Impact Fee. Prior to issuance of a building
permit for the Project, Developer shall pay the City a Transportation Impact Fee in the amount of
Four Hundred Forty -Four Thousand Dollars ($444,000.00). The City shall deposit such monies
into a separate restricted account to be used exclusively for transportation programs.
2.8.8 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 Six Hundred
Twenty -Four Thousand Dollars ($624,000.00) 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.
2.8.9 Enhanced Affordable Housing Commercial Linkage Fee. Prior to the
issuance of a building permit for the Project, Developer shall pay the City an Affordable Housing
Commercial Linkage Fee of Six Hundred Thousand Dollars ($600,000). The City shall deposit
such monies into a separate restricted account to be used exclusively for affordable housing
production.
2.8. 10 Developer Contribution for Early Childhood Initiatives. Prior to the
issuance of a building permit for the Project, Developer shall make a contribution to the City in
the amount of Fifty -Six Thousand Dollars ($56,000.00). The City shall utilize this contribution
to support early childhood initiatives including but not limited to infant, toddler and pre-school
tuition subsidies, family services, family support and parent engagement strategies, home
IM
visitation 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.
2.8.11 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 thirty percent (30%) 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 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).
2.8.12 Local Hiring Program. Developer shall implement and monitor the Local
Hiring Program as set forth in Exhibits "J-1" and "J-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.
2.8.13 Shared Parking Availability. Except as restricted by Sections 2.8.12 and
2.8.13 of this Agreement, at all times during the operation of the Project, Developer shall cause
at least twenty (20) of the parking spaces ("Shared Spaces") provided in the Project to be
available to the general public including commercial visitors, all guests for residential units, and
any commercial tenants and their employees. The Shared Spaces shall be shared on a first-come,
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first-served basis. The Shared Spaces shall be offered at market rates in accordance with Section
2.8.6(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 2.8.13 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.
2.8.14 Use of Parking Spaces. Of the total 138 parking spaces in the Project:
Developer shall not use more than ninety-five (95) parking spaces, including the Shared Spaces,
located within the Project at any given time for on-site or off-site residential or commercial
users. The remaining forty-three (43) parking spaces located within the Project shall remain
available to be utilized by Condo Owner (as defined in the 6th Street Parking Easement) and/or
the other Benefitted Parties (as defined in the 6th Street Parking Easement) pursuant to the terms
of the 6' Street Parking Easement and/or any subsequent permanent parking easement and/or
lease related to such parking spaces entered into between Developer and Condo Owner (as
defined in the 6t11 Street Parking Easement).
2.8.15 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) employees of businesses located within an one-half mile radius of the Property, and (v)
employees of businesses outside the one-half mile radius but within the City of Santa Monica.
Developer shall market the Rental Housing Units, except for the Affordable Units, exclusively to
the foregoing employee categories for a period of 90 days when the units are initially offered for
rent. For purposes of this Section 2.8, 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.
2.9 Parking.
2.9.1 Number of Parking Spaces. The number of parking spaces provided in the
Project shall be 138, 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 maximum parking requirements under the Existing Regulations, including without
limitation Chapter 9.28 of the Zoning Ordinance.
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2.10 Desien:
(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 DCP and/or
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 DCP and/or
the Zoning Ordinance and the building height allowed by this Agreement, then the building
height allowed by this Agreement shall prevail.
(c) Ste by acks. Developer shall maintain the stepbacks for the Project as set
forth on the Project Plans. In the event that any inconsistencies exist between the DCP and/or
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 DCP and/or 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.
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.
(g) DCP Development and Design Standards. In the event of a conflict
between any DCP development and/or design standard and the Project Plans, the Project Plans
shall control.
2.11 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 either sixteen (16) Affordable Units off-site or five (5) Affordable Units
on-site for occupancy by income qualified households per the terms of this Agreement. 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.
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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 "K" 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 (or Foundation Only
Permit pursuant to Section 2.4.6) 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 sixtieth (60th) 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 forty-eighth (48th) 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 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
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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 2.8
(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
Exhibit "F") attached hereto, and no others. If any of the conditions set forth on Exhibit "F"
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 "F" in accordance with the timelines
established in Exhibit "F".
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 "F," "J-1," and "J-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.
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 the 100% Affordable Senior Housing Project, and shall constitute
the Existing Regulations, except as otherwise expressly required by this Agreement.
below:
5. 1.1 Defined Terms. The following terms shall have the meanings set forth
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- - (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 DCP, except as modified herein (iii) the Zoning Ordinance except
as modified herein; (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 and the 100% Affordable Senior
Housing Project. Except as provided in Section 5.2, development of the Building and
improvements that will comprise the Project and the 100% Affordable Senior Housing 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, shallbegoverned by the Existing Regulations. The City agrees that this
Agreement is consistent with the General Plan, including the LUCE, and the DCP 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,
2.4.31 2.5.2(b), and 2.5.2(c); (b) the application of any subsequent local development or building
moratoria, development or building rationing systems or other restrictions on development which
would adversely affect the rate, timing, or phasing of construction of the Project, and
(c) Subsequent Code Changes which are inconsistent with this Agreement. The 100%
Affordable Senior Housing Project shall be exempt from (a) all Discretionary Approvals or
review by the City or any agency or body thereof and (b) the application of any subsequent local
development or building moratoria, development or building rationing systems or other
restrictions on development which would adversely affect the rate, timing, or phasing of
construction of the Project, and (c) Subsequent Code Changes which are inconsistent with this
Agreement. The 100% Affordable Senior Housing Project shall be (i) approved pursuant to an
Administrative Approval (as defined by SNMC Chapter 9.39) that is consistent with Section
2. 8.1 of this Agreement and (ii) subject to architectural review by the ARB as specified in
Section 6.1. and
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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 and the 100%
Affordable Senior Housing 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 and 711 Colorado 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 and 711 Colorado or to businesses occupying the Property and 711 Colorado;
provided that, (i) the tax is of general applicability City-wide and does not burden the Property or
711 Colorado 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(8), regulations which
impair Developer's rights or approvals include, but are not limited to, regulations which
(i) materially increase the cost of the Project or the 100% Affordable Senior Housing 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 the 100% Affordable Senior Housing Project or that would cause a
material change in the uses of the Project or the 100% Affordable Senior Housing 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 or to 711
Colorado. 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 or 711 Colorado 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 or 711 Colorado 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 711 Colorado or to the
Project and the 100% Affordable Senior Housing 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,
36
structures, residential units that can be built each year on the Property or 711 Colorado except as
expressly provided in this Agreement.
ARTICLE 6
ARCHITECTURAL REVIEW BOARD
6.1 Architectural Review Board Approval. The Project and the 100% Affordable
Senior Housing 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 or the 100% Affordable Senior
Housing 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 the 100% Affordable
Senior Housing 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.
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7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the City shall
diligently issue the Technical City Permits which are the subject of the Technical Permit
Applications.
7.3 Conditions for Diligent Action by the City.
7.3.1 Acceptance and Processing of Technical Permit Applications. The
obligation of the City to accept and diligently process the Technical Permit Applications which
are filed by Developer, and then issue the Technical City Permits, is subject to the satisfaction of
the following conditions:
(a) Developer shall have completed and filed all Technical Permit
Applications which are required under the administrative procedures and policies of the City
which are in effect on the date when the Technical Permit Application is filed; provided that such
procedures and policies are uniformly in force and effect throughout the City;
(b) Developer shall have paid all processing and permit fees
established by the City in connection with the filing and processing of any Technical Permit
Application which are in effect on the date when the Technical Permit Application is filed;
provided that such fees are uniformly in force and effect throughout the City; and
(c) If required for the particular Technical Permit Application,
Developer shall have obtained the approval of the ARB referred to in Section 6.1 above.
7.3.2 Issuance of a Technical City Permit. The obligation of the City to issue a
Technical City Permit which is the subject of a Technical Permit Application filed by Developer
is subject to the satisfaction of the following conditions (and only such conditions and no others):
(a) Developer shall have complied with all of its obligations under this
Agreement which are required to be performed prior to or concurrent with the issuance of the
Technical City Permits for the proposed 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 at the Property and/or 711 Colorado
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
38
construction. If the sole means of achieving compliance for the Project with such revisions to
the Technical Codes made after the Effective Date ("New Technical Requirements") would
require an increase from the allowable Building Height established in this Agreement for the
Project, then the Planning Director is hereby authorized to grant Developer limited relief from
the allowable Building Height without amending this Agreement if the requested relief is in
compliance with the City's General Plan. Any such approval shall be granted only after the
Planning Director's receipt of a written request for such relief from Developer. Developer is
required to supply the Planning Director with written documentation of the fact that compliance
with the New Technical Requirements cannot be achieved by some other method. Any such
relief shall only be granted to the extent necessary in the Planning Director's determination for
Developer to comply with the New Technical Requirements.
7.4 Duration of Technical City Permits. The duration of Technical City Permits
issued by the City, and any extensions of the time period during which such Technical City
Permits remain valid, shall be established in accordance with the Technical Codes in effect at the
time that the Technical City Permits are issued. Subject to 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 100% Affordable Senior Housing Projector the Project (if a Notice of
Election to provide the Affordable Units on-site is recorded pursuant to Section 2.8.1(b)) shall
provide mobility features complying with 2016 California Building Code Chapter 1113, Sections
11B 809-2 through 11B 809-4, or any successor thereto, and shall be on an accessible route as
required by Section 11 B-206, or any successor thereto. Four percent (4%) of the Affordable
Units in the 100% Affordable Senior Housing Project or the Project (if a Notice of Election is
recorded to provide the Affordable Units on-site pursuant to Section 2.8.1(bl) shall provide
communication features complying with 2013 California Building Code Chapter 1113-809.5, 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 for the 100% Affordable Senior Housing
Project (or the Project if a Notice of Election is recorded to provide the Affordable Units on-site
pursuant to Section 2.8.1(b)), 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.
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ARTICLE 8
AMENDMENT AND MODIFICATION
8.1 Amendment and Modification of Development Agreement. Subject to the notice
and hearing requirements of the applicable Development Agreement Statutes, this Agreement
may be modified or amended from time to time only with the written consent of Developer and
the City or their successors and assigns in accordance with the provisions of the SMMC and
Section 65868 of the California Government Code.
ARTICLE 9
TERM
9.1 Effective Date. This Agreement shall be dated, and the obligations of the Parties
hereunder shall be effective as of the date upon which all of the following events have occurred
(the "Effective Date"):
(a) The ordinance approving this Agreement becomes effective;
(b) The City (or its designee) has acquired title to Parcel 3 (as defined in the 7' Street
Parking Easement) free from all liens other than those approved by the City or its
designee (which approval shall be deemed evidenced by the City's (or its designee's)
acquisition of title to Parcel 3), including, without limitation, the lien of that certain
Parking Rights Easement Agreement and Right of First Refusal, dated as of May 15,
2012, by and between 1337 7th Street LLC, a Delaware limited liability company ("71
Street Owner"), and Alcion PS Santa Monica Owner LLC, a Delaware limited liability
company (together with its successors and assigns, "Alcion"), recorded in the Official
Records of Los Angeles County (the "Official Records") on May 16, 2012 as Document
No. 20120733487, as amended, modified, supplemented and/or assigned by (a) that
certain Assignment of Right of First Refusal, dated as of September 12, 2016, by and
between Alcion and PS 1314 LLC, a Delaware limited liability company ("PS1314"),
recorded in the Official Records on October 5, 2016 as Document No. 20161219664, and
(b) that certain First Amendment to Parking Rights Easement Agreement and Right of
First Refusal, dated as of December 16, 2016, by and among 7th Street Owner, Alcion and
PS 1314, recorded in the Official Records on December 28, 2016 as Document
No. 20161647804 (collectively, the "7th Street Parking Easement"); and
(c) The recordation in the Official Records of a Parking Rights Easement Agreement
and Right of First Refusal (the "Lincoln Easement") on substantively identical terms to
the 7th Street Parking Easement or on such other terms as are approved by Condo Owner
(as defined in the 7th Street Parking Easement) (which approval shall be deemed
evidenced by Condo Owner's execution of the Lincoln Easement), which shall burden
that certain real property commonly known as 1430-1444 Lincoln Boulevard, Santa
Monica, CA (the "Lincoln Property") in favor of Condo Owner. As of the date of the
mutual execution of this Agreement, Condo Owner is D WF V 1314 7TH ST, LLC, a
Delaware limited liability company.
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 1" 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 Parry as a breach by any other Party of this Agreement.
10.6 Termination of Development Agreement. If Developer fails to timely cure any
item(s) of non-compliance set forth in a Notice of Default, then the City shall have the right but
not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant
to Section 11.4 below.
10.7 City Cost Recovery. Following completion of each Periodic Review, Developer
shall reimburse the City for its actual and reasonable costs incurred in connection with such
review 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 (3 0)
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 Del .—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 (3 0) 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 11.3.31 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 Aeainst 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
- - 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 (3 1) days after delivery of the Hearing Notice to Developer or (ii) if a Secured
Lender has delivered a Request for Notice in accordance with Section 12. 1, the day following the
expiration of the "Secured Lender Cure Period" (as defined in Section 12.1).
(b) If, following the conclusion of the public hearing, the City
Council: (i) determines that an Event of Non -Monetary Default has occurred or the Developer
has not been in good faith compliance with this Agreement pursuant to Section 10.1 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 PrioritfAgreement. 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
- 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(x) shall be addressed to such Secured Lender at its address last
furnished to the City. The period within which a Secured Lender may cure a particular Event of
Monetary Default or Event of Non -Monetary Default shall not commence until the City has sent
to the Secured Lender such copy of the applicable Notice of Breach or Hearing Notice.
(b) After a Secured Lender has received a copy of such Notice of
Default or Hearing Notice, such Secured Lender shall thereafter have a period of time (in
addition to any notice and/or cure period afforded to Developer under this Agreement) equal to:
(a) ten (10) business days in the case of any Event of Monetary Default, and (b) thirty (30) days
in the case of any Event of Non -Monetary Default, during which period the Secured Lender may
provide a remedy or cure of the applicable Event of Monetary Default or may provide a remedy
or cure of the applicable Event of Non -Monetary Default; provided that if the cure of the Event
of Non -Monetary Default cannot reasonably be completed within thirty days, Secured Lender
may, within such 30 -day period, commence to cure the same and thereafter diligently prosecute
such cure to completion (a "Secured Lender's Cure Period"). If Developer has caused an
Event of Monetary Default or an Event of Non -Monetary Default, then each Secured Lender
shall have the right to remedy such Event of Monetary Default or an Event of Non -Monetary
Default, as applicable, or to cause the same to be remedied prior to the conclusion of the Secured
Lender's Cure Period and otherwise as herein provided. The City shall accept performance by
any Secured Lender of any covenant, condition, or agreement on Developer's part to be
performed hereunder with the same force and effect as though performed by Developer.
(c) The period of time given to the Secured Lender to cure any Event
of Monetary Default or an Event of Non -Monetary Default by Developer which reasonably
requires that said Secured Lender be in possession of the Property to do so, shall be deemed
extended to include the period of time reasonably required by said Secured Lender to obtain such
possession (by foreclosure, the appointment of a receiver 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
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- -Default or an Event of Non -Monetary Default is not completely cured within the Secured
Lender's Cure Period.
ARTICLE 13
TRANSFERS AND ASSIGNMENTS
13.1 Transfers and Assignments.
13. 1.1 Not Severable from Ownership Interest in Property. This Agreement shall
not be severable from Developer's interest in the Property and 711 Colorado and any transfer of
the Property and 711 Colorado or any portion thereof shall automatically operate to transfer the
benefits and burdens of this Agreement with respect to the transferred Property or 711 Colorado
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 or 711 Colorado,
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 or 711 Colorado, disclosing in such
notice, (a) the identity of the transferee of the Property or 711 Colorado (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 or to 711 Colorado, Developer shall be released
from its obligations under this Agreement to the extent of such sale, transfer or exchange with
respect to the Property and/or 711 Colorado 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 and/or 711 Colorado
(if applicable) in the form of Exhibit "L" attached hereto (the "Assumption Agreement").
Upon such transfer of the Property and/or 711 Colorado 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
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indirectly from the following: (1) for any act or omission of Developer or those of its officers,
board members, agents, employees, volunteers, contractors, subcontractors or other persons
acting on its behalf (collectively referred to as the "Developer Parties") which occurs during the
Term and relates to this Agreement; (2) for any act or omission related to the operations of
Developer Parties, including but not limited to the maintenance and operation of areas on the
Property accessible to the public. Developer's obligation to defend, indemnify and hold
harmless applies to all actions and omissions of Developer Parties as described above caused or
alleged to have been caused in connection with the Project or Agreement, except to the extent
any Damages are caused by the active negligence or willful misconduct of any City Indemnified
Parties. This Section 14.1. applies to all Damages suffered or alleged to have been suffered by
the City Indemnified Parties regardless of whether or not the City prepared, supplied or approved
plans or specifications or both for the Project.
14.2 City's Right to Defense. The City shall have the right to approve legal counsel
retained by Developer to defend any claim, action or proceeding which Developer is obligated to
defend pursuant to Section 14.1.1, 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 Ci :
City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager .
Fax: 310-917-6640
With a Copy to:
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attn: Planning and Community Development Director
Fax: -310-458-3380
To Developer:
1313 6" Street LLC
1430 5TH Street, Suite 101
Santa Monica, CA 90401
With a Copes:
Dave Rand, Esq.
Armbruster Goldsmith & Delvac LLC
12100 Wilshire Boulevard, Suite 1600
Los Angeles, CA 90025
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 and 711 Colorado
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 or the
100% Affordable Senior Housing 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,
50
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 compliance 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;
51
- - - -(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.
52
15.12 Recordation. The Parties shall cause this Agreement to be recorded against title
to the Property and 711 Colorado 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 Parry 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 or the 100% Affordable Senior
Housing Project in accordance with this Agreement from other governmental or quasi -
governmental agencies having jurisdiction over the Property or 711 Colorado. 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 and the 100% Affordable Senior Housing 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 and the Administrative
Approval for the 100% Affordable Housing Project;
(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 or the 100%
Affordable Senior Housing Project and 711 Colorado once issued by the City provided that the
53
development of the Projector the Property or the 100% AffordableSeniorHousing Projector
711 Colorado is in accordance with such approval. Any disapproval by the City shall state in
writing the reasons for such disapproval and the suggested actions to be taken in order for
approval to be granted.
15.15.4 Processing During Third Party Litigation. If any third -party lawsuit is
filed against the City or Developer relating to this Agreement or to other development issues
affecting the Property or 711 Colorado, the City shall not delay or stop the development,
processing or construction of the Property or 711 Colorado, or issuance of the City Technical
Permits, unless the third parry 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 and/or the 100%
Affordable Senior Housing 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"
711 Colorado Legal Description
Exhibit "C"
711 Colorado Deed Restriction
Exhibit "D"
Project Plans
Exhibit "E"
Zoning Ordinance (SMMC Article 9)
Exhibit "F"
Permitted Fees and Exactions and Conditions of
Approval
Exhibit "G"
Alcohol Conditions
Exhibit "H"
Off -Site Deed Restriction
Exhibit "I"
Agreement Imposing Restrictions on Rents &
Occupancy of Real Property
Exhibit "J-1" and "J-2"
Local Hiring Program
54
Exhibit "K7 Construction Mitigation Plan
Exhibit "L" Assumption Agreement
Except as to the Project Plans (attached hereto as Exhibit "D") 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 and 711 Colorado, 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 Acknowledements, 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 the
55
100% Affordable Senior Housing Project at 711 Colorado (unless a Notice of Election is
recorded to provide the Affordable Units on-site) and in constructing and installing certain public
improvements pursuant to this Agreement and complying with the Existing Regulations will
fulfill substantial public needs. The City acknowledges and agrees that there is good and
valuable consideration to the City resulting from Developer's assurances and faithful
performance thereof and that same is in balance with the benefits conferred by the City on the
Project and the 100% Affordable Senior Housing 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 and the 100% Affordable Senior Housing Project on the community and the Property
and 711 Colorado, and further acknowledges that the consideration is necessary to mitigate the
direct and indirect impacts caused by Developer on the Property and on 711 Colorado.
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 711 Colorado, or of the Project or the 100% Affordable Senior
Housing 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 and the 100% Affordable Senior Housing as private property. Developer shall have the
right to prevent or prohibit the use of the Property and 711 Colorado, or the Project and the
100% Affordable Senior Housing 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 or the 100% Affordable Senior Housing 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 or 711 Colorado or the 100% Affordable Senior Housing
Project. Any portion of the Property or 711 Colorado 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 or 711 Colorado 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.
56
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
the remaining provisions are not rendered impractical to perform, taking into consideration the
purposes of this Agreement.
57
- 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:
1313 6t' Street LLC
1430 5TH Street, Suite 101
Santa Monica, CA 90401
By:
Name: Scott Walter
Title: CEO
CITY:
CITY OF SANTA MONICA,
a municipal corporation
By:
Name: Rick Cole
Title: City Manager
ATTEST:
By:
Name: Denise Anderson -Warren
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Lane Dilg
Title: City Attorney
9.1
EXHIBIT `°A'>
LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the County of Los Angeles, State of California,
described as follows:
Parcel 2 of Parcel Map No. 71418, in the City of Santa Monica, County of Los Angeles, State of
California, as per map filed in Book 371 Pages 35 and 36 of Parcel Maps, in the Office of the
County Recorded of said County.
OW21KIK 11' 1
EXHIBIT "A"
1
EXHIBIT «B»
711 COLORADO LEGAL DESCRIPTION
All that certain real property situated in the County of Los Angeles, State of California,
described as follows:
The Northeast 75 feet of Lots "M" and "N" in Block 192, of Town of Santa Monica, in the
in the City of Santa Monica, County of Los Angeles, State of California, as per Map
recorded in Book 3, Page 80 et seq., of Miscellaneous Records and in et seq., of
Miscellaneous Records of said County.
APN: 4291-022-012
EXHIBIT «C>
711 COLORADO DEED RESTRICTION
EXHIBIT "C"
1
EXHIBIT «D,
PROJECT PLANS
EXHIBIT "D"
1
EXHIBIT "E"
ZONING ORDINANCE (SMMC ARTICLE 9)
EXHIBIT `B"
1
EXHIBIT «F»
PERMITTED FEES AND EXACTIONS AND CONDITIONS OF APPROVAL
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)
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
EXHIBIT' F"
1
- 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.
I�:II lYlfii�fti
EXHIBIT «F" (Cont.)
CONDITIONS OF APPROVAL
Project Specific Conditions
1. The project shall provide the Significant Project Features and LUCE Community Benefits
as established in Sections 2.7 and 2.8 of this Agreement.
2. This Agreement shall be dated, and the obligations of the Parties hereunder shall be
effective as of the date upon which all of the following events have occurred:
a. The City (or its designee) has acquired title to Parcel 3 (as defined in the 7th Street
Parking Easement) free from all liens other than those approved by the City or its
designee (which approval shall be deemed evidenced by the City's (or its
designee's) acquisition of title to Parcel 3), including, without limitation, the lien
of the 7th Street Parking Easement; and
b. The recordation in the Official Records of the Lincoln Easement on substantively
identical terms to the 7' Street Parking Easement or on such other terms as are
approved by Condo Owner (as defined in the 7th Street Parking Easement) (which
approval shall be deemed evidenced by Condo Owner's execution of the Lincoln
Easement), which shall burden the Lincoln Property in favor of Condo Owner.
3. The Architectural Review Board shall pay particular attention to the following design
elements of the project:
a. Enhancing the visual interest of the north elevation to avoid blank walls; and
b. Orientation of mezzanine level residential units to ensure that they achieve
sufficient access to natural light and ventilation.
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, 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
EXHIBIT' F"
1
Development Agreement. Construction shall be in conformance with the plans submitted
or as modified in accordance with the Development Agreement.
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 Chapter 9.30 of the Santa Monica Municipal Code, Private Developer
Cultural Arts Requirement. If the developer elects to comply with these requirements by
providing on-site public art work or cultural facilities, no final City approval shall be
granted until such time as the Director of the Community and Cultural Services Department
issues a notice of compliance in accordance with Section 9.30.160(B).
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, paleontological, or human 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 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.
Mosu1:IYIiiW
14. Landscaping plans shall comply with Chapter 9.26 (Landscaping) 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.
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
E) I IT' '
22. There shall be no construction activities that require opening, closing; or blockingof
streets, sidewalks, alleys, or street parking in retail areas of the City over the holiday season
that runs from the day before Thanksgiving through January 2°d. Exemptions are allowed
for emergencies and special conditions authorized in advance by the Director of Public
Works. The following areas are affected by this condition: Downtown (Wilshire to the 10
Freeway and Lincoln to Ocean Avenue); Main Street (Pico to the Southerly city limit);
Montana Avenue (6th Court to 17' Street); Pico Boulevard (from the Ocean to the Easterly
city limit at Centinela).
Standard Conditions
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 installed
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/Departinents/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:
hllp://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation Manag
emem/RampSlope.pdf
30. Bicycle parking provided in the Project shall meet the requirements of SMMC Section
9.28.140, and any successor thereto.
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
EXHIBIT "F"
5
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 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 $50,000.00 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
Mr. I1771Is0
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 $30,000.00. All demolition
only permits require a $1,000.00 deposit or $1.00 per square foot, whichever is the
greater of the two.
Some of these fees shall be reimbursed to developer in accordance with the City's standard
practice should Developer not proceed with development of the Project. In order to receive
a refund of the Construction and Demolition performance deposit, the owner or contractor
must provide receipts of recycling 70% of all materials listed on the Waste Management
Plan.
40. Developer shall comply with the Construction Mitigation Obligations set forth in
Exhibit "X' 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
E-5=IT 'T"
7
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
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.
EXHIBIT' F"
8
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
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 2.8.4 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
EXHIBIT' '
9
- 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 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 lkm
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
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 required.
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;
EXHIBIT "F"
11
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.
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
E)=IT' '
12
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.
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 (1) (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
EXHIBIT "F"
13
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
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
EXHIBIT "P
14
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
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.
I 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 tum.
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.
I 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.
E) E IT 'T"
15
F -q
Manual opening gates may be locked with a padlock, as long it is accessible to be
opened by means of forcible entry tools.
The Fire Prevention Division shall approve locking device specification.
98'
28' R
TYP'
28' —>
98' DIAMETER
CUL-DE-SAC
01
120' HAMMERHEAD
I
20'-'
28'
< — 20'
60, "Y' MINIMUM CLEARANCE
AROUND A FERE
HYDRANT
28' R
TYP
I
"– 70'-3
20'–T
–a – 20'
ACCEPTABLE ALTERNATIVE
TO 120' HAMMERHEAD
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 ru:
is Buildings or facilities exceeding 30 feet in height or more than 3 stories in height
shall have at least 2 means of fire apparatus access for each structure.
ii. Buildings or facilities having a gross floor area of more than 62,000 square feet
shall be provided with 2 fire apparatus access roads.
iii. When two access roads are required, they shall be placed a distance apart equal to
not less than one half of the length of the maximum overall diagonal dimension of
the property or area to be accessed measured in a straight line between access.
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.
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.
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.
EXHIBIT' '
18
• 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.
• 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
L 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
EXHIBIT' F"
19
with this regulation and the present zoning of the subdivision or allowed land
use as approved by the County's Regional Planning Commission or city
planning department.
B. Fire Prevention Engineering Section
1. The Department's Fire Prevention Engineering Section shall review
building plans and apply fire flow and hydrant spacing requirements in
accordance with this regulation.
III. POLICY
A. The procedures, standards, and policies contained herein are provided to ensure
the adequacy of, and access to, fire protection water and shall be enforced by
all Department personnel.
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)
EXHIBIT "F"
20
Public
Fire Flow Duration
Hydrant
of Flow
SSPacing
a. Single family dwelling 1,250 GPM 2 hrs.
600 ft.
and detached condominiums
(1 — 4 Units)
(Under 5,000 square feet)
b. Detached condominium 1,500 GPM 2 hrs.
300 ft.
(5 or more units)
(Under 5,000 square feet)
C. Two family dwellings 1,500 GPM 2 hrs.
600 ft.
(Dunlexes)
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 Ins. 300 ft.
EXHIBIT "F"
20
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
The Department's Fire Prevention Engineering Section shall review building plans and apply
fire flow requirements and hydrant spacing in accordance with the following:
1. Residential
Building Occupancy Classification
a. Single family dwellings - Fire Zone 3 (Less than 5,000 square feet)
Duration
Public Hydrant
Fire Flow of Flow
Spacine
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 Ins
600 ft.
b. Single family dwellings — VHFHSZ (Less than 5,000 square feet)
On a lot of one acre or more 1,000 GPM 2 Ins. 600 ft.
On a lot less than one acre 1,250 GPM 2 Ins 600 ft.
NOTE: FOR SINGLE FAMILY DWELLINGS GREATER THAN 5,000
SQUARE FEET IN AREA SEE TABLE
EXHIBIT "F"
21
Duration
Fire Flow of Flow
c. Two family dwellings — VHFHSZ (Less than 5,000 square feet)
Duplexes
2. Mobile Home Park
a. Recreation Buildings
1,500 GPM 2 Ins
Public Hydrant
Spacine
0111111
i1
Refer to Table 1 for fire flow according to building
size.
b. Mobile Home Park 1,250 GPM 2 Ins 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
I. 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
Other than single family dwellings, such as commercial,
industrial, multi -family dwellings, private schools, institutions,
detached condominiums (five or more units), etc.
EXHIBIT "F"
22
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.
(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,
EXHIBIT "F"
23
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.
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
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. 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
EXHIBIT "F"
25
g. Painted with two coats of red primer and one coat of traffic signal
yellow for public hydrants and one coat of red for on-site hydrants,
with the exception of the stems and threads
2. Underground shut-off valves are to be located:
a. A minimum distance of 10 feet from the hydrant
b. A maximum distance of 25 feet from the hydrant
Exception: Location can be less than 10 feet when the water main is
already installed and the 10 -foot minimum distance cannot be satisfied.
3. All new water mains, laterals, gate valves, buries, and riser shall be a
minimum of six inches inside diameter.
4. When sidewalks are contiguous with a curb and are five feet wide or less,
fire hydrants shall be placed immediately behind the sidewalk. Under no
circumstances shall hydrants be more than six feet from a curb line.
5. The owner -developer shall be responsible for making the necessary
arrangements with the local water purveyor for the installation of all
public facilities.
6. Approved fire hydrant barricades shall be installed if curbs are not
provided (see Figures 1, 2, and 3 following on pages 11 and 12).
EXHIBIT "F"
26
Barricade/Clearance Details
i CONCRETE CPP
O BARRICADE POST
CONCRETE FILLED
T MIN MIN P DIA. SCHEDULE 44
_. STEEL, SEE NOTE #1
Figure 1
6°
Figure 2
4 4
PLAN
FIRE HYDRANT BARRICADES'
(TYPICAL)
EXHIBIT "F"
27
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.
EXHIBIT' '
28
H. Private fire nrotection systems for rural commercial and industrial develonment
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 replacementon lice
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.
EXHIBIT "F"
29
TABLE 1 *
BUILDING SIZE
(First floor area)
Fire Flow* (1) (2)
Duration
Hydrant Spacing
Under 3,000
sq.
ft.
1,000 GPM
2 Ins
300 ft
3,000 to 4,999
sq.
ft.
1,250 GPM
2 Ins
300 ft
5,000 to 7,999
sq.
ft.
1,500 GPM
2 Ins
300 ft
8,000 to 9,999
sq.
ft.
2,000 GPM
2 Ins
300 ft
10,000 to 14,999
sq.
ft.
2,500 GPM
2 Ins
300 ft
15,000 to 19,999
sq.
ft.
3,000 GPM
3 Ins
300 ft
20,000 to 24,999
sq.
ft.
3,500 GPM
3 Ins
300 ft
25,000 to 29,999
sq.
ft.
4,000 GPM
4 Ins
300 ft
30,000 to 34,999
sq.
ft.
4,500 GPM
4 Ins
300 ft
35,000 or more
sq.
ft.
5,000 GPM
5 Ins
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 " F"
30
EXHIBIT "G"
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.
(14) The permitted hours of alcoholic beverage service shall be 9:OOAM to 11:OOPM
Sunday through Thursday, 9:OOAM to 12:OOAM 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
EXHIBIT "G"
dining areas no later than I O:OOPM Sunday through Thursday and I I :OOPM Friday and Saturday.
No afterhours 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
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).
EXHIBIT "G"
2
(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 "G" 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 "G".
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
EXHIBIT "G"
3
EXHIBIT "H"
OFF SITE DEED RESTRICTION
EXHIBIT "H"
1
EXHIBIT "I"
AGREEMENT IMPOSING RESTRICTIONS ON
RENTS & OCCUPANCY OF REAL PROPERTY
EXHIBIT "I"
1
EXHIBIT 61J-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:
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.
EXMIT "J-1"
1
3. Definitions.
a. "Contract" means a contract or other agreement for the providing of any
combination of labor, materials, supplies, and equipment to the construction of the
Project that will result in On -Site Jobs, directly or indirectly, either pursuant to the
terms of such contract or other agreement or through one or more subcontracts.
b. "Contractor" means a prime contractor, a sub -contractor, or any other entity that
enters into a Contract with Developer for any portion or component of the work
necessary to construct the Project (excluding architectural, design and other "soft"
components 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 "J-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.
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.
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:
E)=1T "J-1"
2
(a) Local first source hiring programs.
(b) Trade unions.
(c) Apprenticeship programs at local colleges
(d) Santa Monica educational institutions
(e) Other non-profit organizations involved in referring eligible applicants for job
opportunities.
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.
Term. The Local Hiring Policy shall continue to apply to the construction of the Project until the
final certificate of occupancy for the Project has been issued by the City.
EXHIBIT "J-1"
3
EXHIBIT "J-2"
LOCAL HIRING PROGRAM FOR PERMANENT EMPLOYMENT
Local Hiring Policy For Permanent Employ. The Developer (if an Operator) or
Commercial Operator shall implement a local hiring policy (the "Local Hiring Policy"),
consistent with the following guidelines:
Pte. 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. 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.
C. 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
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.
EX111BIT "J-2"
1
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 "I-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.
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 fall 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
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;
1®0.4011,11lfilb.W
(ii) How many job fairs were held locally in places easily accessible by the
Targeted Job Applicants (e.g. Virginia Avenue Park or other similar
venues);
(iii) Number and by -person names of Santa Monica resident referrals from first
source hiring organizations who were interviewed;
(iv) Number and by -person names of Targeted Job Applicants that reside in
Santa Monica that were hired in a permanent position;
(v) Any community activities related to recruitment and local hiring that took
place in the past calendar year, and;
(vi) 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 social
service organization, or similar local media and electronically on a City -
sponsored website, if such a resource exists. Also, outreach (specifically written
outreach) should be available in English, Spanish, and other languages as
necessary to reach Targeted Job Applicants. In addition, the Commercial
Operator shall consult with and provide written notice to the City of Santa Monica
Human Services Division and 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, including organizations funded by the City's Human
Services Grants Program.
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
E=IT "Y2"
3
Commercial Operator by the selected organizations who was interviewed by Commercial
Operator for the position.
C. Advanced Local Recruitment - Subsequent Hirin¢. 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.
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.
E)=IT "J-2"
4
EXHIBIT "K"
CONSTRUCTION MITIGATION PLAN
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;
1. Provide a grading and drainage plan;
In. Provide a construction -period parking plan which shall minimize use of public
streets for parking;
n. List a designated on-site construction manager;
EXHIBIT "K"
1
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.
£ Any requests for work before or after normal construction hours within the public
right-of-way shall be subj ect 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.
EXHIBIT "K"
2
Project Coordination Elements That Shall Be Implemented Prior To Commencement of
Construction
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 listinginotification,
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.
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
EXHIBIT "K"
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 P WD.
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.
Noise Attenuation
6. All diesel equipment shall be operated with closed engine doors and shall be equipped with
factory -recommended mufflers.
EXHIBIT "K"
4
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 developer
who will respond to complaints related to the proposed construction. The notice shall be
mailed to property owners and residents of the neighborhood within 1000 feet of the Proj ect
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
EXHIBIT "K"
5
work.
16. A copy of these conditions shall be posted in an easily visible and accessible location at all
times during construction at the project site. The pages shall be laminated or otherwise
protected to ensure durability of the copy.
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.
E)aHBIT "K"
6
EXHIBIT "L"
ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
Armbruster Goldsmith & Delvac LLP
12100 Wilshire Blvd., Suite 1600
Los Angeles, CA 90025
Attn: Dave Rand, 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").
RECITALS
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
E) I IT "L"
1
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"
1=3211-01�
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
Planning Director
EXHIBIT "L"
Approved and adopted this 12th day of December, 2017.
Ted Winterer, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Esterlina Lugo, Deputy City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2565 (CCS) had its introduction on
November 28, 2017, and was adopted at the Santa Monica City Council meeting
held on December 12, 2017, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O'Connor, O'Day, Vazquez,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ATTEST-
lP P—ot$
Esterlina Lugo, Deputy Cit Clerk Date
A summary of Ordinance No. 2565 (CCS) was duly published pursuant to
California Government Code Section 40806.