The move shall include stabilization before temporary relocation on the Project Site followed by permanent placement on a new foundation once the structural integrity of the return is assured.
Upon its return, the Queen Anne Landmark shall continue to face Ocean Avenue and be located south of its current location as shown on the Project Plans. In its new location, the Queen Anne Landmark shall retain its compass orientation, a close approximation of its current setback from Ocean Avenue, and its proximate relationship to finished grade through continued use of a raised foundation. Protecting the safety and integrity of the Queen Anne Landmark shall be of utmost importance during the relocation and Project excavation.
Rehabilitation. The Queen Anne Landmark shall be rehabilitated and restored after relocation. This rehabilitation would preserve, repair (as necessary), and restore important exterior character-defining features including restoring the corner tower to its original height with its widow’s walk, restoring the second floor porch on the west elevation to its full length, restoring the front gable ornamentation, restoring the brick chimney above the roof plane to its original height, and replacing the current contemporary asphalt shingle roof with flame-retardant wood shingles. Such restoration and reconstruction shall be based on historic photograph documentation and physical evidence as shall be presented to the Landmarks Commission. As shown on the Project Plans, various incompatible additions shall be removed, including the unenclosed catwalk and staircase connecting Queen Anne Landmark and the 1333 Ocean Avenue Rear Structure. The interior of the Queen Anne Landmark would be modified for adaptive use as an integral part of the Cultural Uses Campus. On the north and east elevations it is anticipated that a new opening at the first floor would be established for integration into the Cultural Uses Campus, subject to review and approval by the Landmarks Commission (or City Council on appeal). The south elevation has been substantially modified over the years, including the addition of non-original dormers at the second floor which are targeted to be removed for reconstruction of the original side-gable on this elevation, with a single dormer. A contemporary two-story addition shall be constructed at the building’s north and east elevations using a hyphen element for the connection between the Queen Anne Landmark and the contemporary new building. All rehabilitation and restoration work shall be subject to a certificate of appropriateness process and shall be guided by a qualified historic preservation
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Packet Pg. 354 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 32 professional with at least seven (7) years of relevant experience who meets the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, and/or Architecture pursuant to 36 C.F.R. Part 61, App. A. Notwithstanding the foregoing, if evidence of additional character-defining features is discovered during the course of rehabilitation that the qualified historic preservation professional determines potentially warrants additional restoration work not previously anticipated to the Queen Anne Landmark to restore it to its 1906 date of construction and such restoration would not be in conflict with the rehabilitation work approved by the Certificate of Appropriateness to adaptively use the Queen Anne Landmark as part of the Cultural Uses Campus, then that discovery shall be identified to the City Landmarks Commission Planning Staff Liaison (Historic Preservation Officer) to consider whether such further restoration can be administratively approved by the Historic Preservation Officer as a minor modification to the Certificate of Appropriateness. If such restoration work can be approved administratively without causing delays to the construction schedule and is approved, then such further restoration work shall be completed. Alternatively, where any such in situ discovery does not warrant actual restoration, this newly discovered information shall, at a minimum, be added to the archival recordation documentation required by Exhibit "D", Section A, MM-CR-1.
Retrofitting. Rehabilitation of the Queen Anne Landmark is also expected to include seismic and structural retrofitting, handicap accessibility improvements, firelife safety improvements, and upgrades to modernize mechanical/electrical/plumbing systems and equipment. All rehabilitation work shall conform with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the California Historical Building Code.
Certificate of Appropriateness Process. Rehabilitation, restoration, moving, preservation protection measures and relocation of the Queen Anne Landmark shall be subject to a Certificate of Appropriateness as required by Article 6 of this Agreement.
Benefits. Rehabilitation of the Queen Anne Landmark in
accordance with the required Certificate of Appropriateness would: (1) make the building safer in light of today's building codes, (2) rehabilitate and restore its character-defining features, (3) make the building more accessible to persons with disabilities, (4) continue to reinforce the legacy of buildings that were once constructed as early residences on Ocean Avenue, (5) repurpose the building as part of a Cultural Uses Campus and (6) ensure it endures for future generations.
(b) Spanish Colonial Revival Landmark. The Spanish Colonial Revival Landmark currently located at 1337 Ocean Avenue shall be rehabilitated and restored after its repositioning on site as part of the Project’s Cultural Uses Campus. The Spanish Colonial Revival Landmark was designated as a City Landmark on July 12, 2004. (LC-04-LM005.) This designation does not include the building’s interior.
Significance. Spanish Colonial Revival architecture was especially popular in Santa Monica during the 1920s and 1930s and was an important influence on the architectural history and character of the City. Originally constructed in 1926, the Spanish Colonial Revival Landmark is now one of the few remaining historic buildings along Ocean Avenue of the Spanish Colonial Revival style. This building was originally constructed as a
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Packet Pg. 355 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 33 mixed-use building that included four apartment units above a ground floor commercial space, before eventually being converted entirely to commercial use. This building therefore embodies the evolutionary urban development of the City’s architectural history, particularly along Ocean Avenue; additionally, its architectural design and composition are valuable to the study of this early period of Santa Monica’s development; and its presence on Ocean Avenue across from Palisades Park is noteworthy, particularly given its instructive proximity to two other Citydesignated Landmarks, the Gussie Moran House and the Queen Anne Landmark.
Character-Defining Features. This Spanish Colonial Revival Landmark retains the essential physical features that constitute its style of architecture including stuccoed exterior walls, red clay barrel tile shed, roofs and parapet coping, wrought iron balconettes, arched shaped window and door openings, and wood-framed French doors; however, character-defining features that are no longer extant include the cast stone Churrigueresque-inspired decorative surround with flanking spiral engaged columns at the west elevation entrance to the building and missing decorative sconces, as documented in historic photographs.
Moving and Relocation. The process for moving the Spanish Colonial Revival Landmark during Project construction shall comply with professional standards and guidelines identified in the National Park Service’s publication entitled, Moving Historic Buildings (1979). The move shall include stabilization before temporary relocation on the Project Site followed by permanent placement on a new foundation once the structural integrity of the new location is assured. The relocated Spanish Colonial Revival Landmark shall continue to face Ocean Avenue at the conclusion of its relocation and be located north of its current location and north of the Queen Anne Landmark, as shown on the Project Plans. In this new location, the Spanish Colonial Revival Landmark shall retain its current compass orientation, its minimal setback from Ocean Avenue, and its proximate relationship to finished grade. Protecting the safety and integrity of the Spanish Colonial Revival Landmark shall be of utmost importance during the relocation and Project excavation.
Rehabilitation. The Spanish Colonial Revival Landmark shall be rehabilitated and restored after relocation. This rehabilitation would preserve, repair (as necessary), and restore important exterior character-defining features including reconstructing the cast stone Churrigueresque-inspired decorative surround with flanking spiral engaged columns at the west elevation entrance to the building. The decorative sconces would also be reconstructed. Such restoration and reconstruction shall be based on historic photograph documentation and physical evidence as shall be presented to the Landmarks Commission. The vision is for the building’s west elevation to be restored to its period of significance as determined by the Landmarks Commission. As shown on the Project Plans, various incompatible additions shall be removed, including the rear addition and the 1337 Ocean Avenue Rear Structure. The east and south elevations have been previously altered and a two-story addition shall be constructed in this location using a hyphen element for the connection between the Spanish Colonial Revival Landmark and the contemporary new construction. All rehabilitation and restoration work shall be subject to a certificate of appropriateness process and shall be guided by a qualified historic preservation professional with at least seven (7) years of relevant experience who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, and/or Architecture pursuant to 36 C.F.R. Part 61, App. A.
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Packet Pg. 356 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 34 Notwithstanding the foregoing, if evidence of additional character-defining features is discovered during the course of rehabilitation that the qualified historic preservation professional determines potentially warrants additional restoration work not previously anticipated to the Spanish Colonial Revival Landmark to restore it to its 1926 date of construction and such restoration would not be in conflict with the rehabilitation work approved by the Certificate of Appropriateness to adaptively use the Spanish Colonial Revival Landmark as part of the Cultural Uses Campus, then that discovery shall be identified to the City’s Historic Preservation Officer to consider whether such further restoration can be administratively approved by the Historic Preservation Officer as a minor modification to the Certificate of Appropriateness. If such restoration work can be approved administratively without causing delays to the construction schedule and is approved, then such further restoration work shall be completed. Alternatively, where any such in situ discovery does not warrant actual restoration, this newly discovered information shall, at a minimum, be added to the archival recordation documentation required by Exhibit "D", Section A, MM-CR-1.
Retrofitting. Rehabilitation of the Spanish Colonial Revival Landmark is expected to include seismic and structural retrofitting, handicap accessibility improvements, fire-life safety improvements, and upgrades to modernize mechanical/electrical/plumbing systems and equipment. All rehabilitation work shall be performed in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the California Historical Building Code.
Certificate of Appropriateness Process. Rehabilitation, restoration, moving, preservation protection measures and relocation of the Spanish Colonial Revival Landmark shall be subject to a Certificate of Appropriateness as required by Article 6 of this Agreement.
Benefits. Rehabilitation of the Spanish Colonial Revival Landmark in accordance with the required Certificate of Appropriateness would: (1) make the building safer in light of today's building codes, (2) rehabilitate and restore its character-defining features, (3) make the building more accessible to persons with disabilities, (4) continue to reinforce the legacy of buildings that were constructed historically on Ocean Avenue during early stages of Santa Monica’s development, (5) repurpose the building as part of the Cultural Uses Campus and (6) ensure that the Spanish Colonial Revival Landmark endures for future generations. (c) HABS Archival Documentation. Prior to issuance of any building permits for demolition, abatement, grading, excavation, relocation or rehabilitation directly affecting either the Queen Anne Landmark or the Spanish Colonial Revival Landmark, Developer shall first have obtained and submitted to the City Planning Division a Historic American Buildings Survey (“HABS”) Level III of the existing conditions of the two Citydesignated Landmarks. (d) Preservation-Protection Plan Together with Developer’s application(s) for one or more certificates of appropriateness as to the relocation and rehabilitation of the Queen Anne Landmark and the Spanish Colonial Revival Landmark, Developer’s historic preservation professional shall prepare and submit a Preservation Protection Plan to support conformance with applicable criteria from the Secretary of the Interior’s
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Packet Pg. 357 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 35 Standards for the Treatment of Historic Properties and Moving Historic Buildings (NPS, 1979) as to the steps that will be followed during the course of moving and relocating the Landmark buildings. In addition to the protection of the Landmark buildings during excavation and construction of the Project, the Preservation Protection Plan shall also include a discussion and analysis of the preservation, rehabilitation and restoration of the exteriors of the Landmark buildings and their character-defining features, as well as the points of connection between the Landmark buildings and the new construction. The Preservation Protection Plan shall also include a discussion and analysis of the criteria specified in Santa Monica Municipal Code Sections 9.56.140(A) and (C) for issuance of the requisite Certificate(s) of Appropriateness.
Upon issuance of the Project’s first demolition, grading, excavation, shoring or comprehensive building permit, the Developer shall engage a qualified historic preservation architect, structural engineer, arborist and general contractor, subject to City Staff approval of their respective credentials, to execute work in compliance with the Preservation Protection Plan. The final Preservation Protection Plan may be modified from time to time as necessary and appropriate subject to approval by the Landmarks Commission or the Landmarks Commission Secretary in accordance with Article 6.
(e) Performance Bond. Prior to issuance of a building permit that includes the scope of work pertaining to the Queen Anne Landmark and the Spanish Colonial Revival Landmark further described in Exhibit “F” (“Bonded Scope of Preservation Work”), Developer shall provide the City with a performance bond (the “Bond”) for completion of the Bonded Scope of Preservation Work. The City shall be named as dual obligee on the Bond. The Bond shall be duly executed by a responsible corporate surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Further, the Bond shall be signed by both Developer and surety and properly notarized on the City’s forms or such other forms as required by City. The Bond amount shall be 100 percent of the total estimated cost of the Bonded Scope of Preservation Work, which shall be determined by the City’s Building Official at the time of issuance of the building permit that includes the Bonded Scope of Preservation Work. The form of the Bond shall be substantially in the form referenced in Government Code Section 66499.1. The form of the Bond and credit rating of the surety shall be reasonably approved by the City Attorney; provided, however that the credit rating shall not be required to be greater than an “A” rating. The obligation to provide the Bond shall automatically terminate, with no further action required by the City, upon the earlier to occur of (i) issuance of a Certificate of Occupancy for both the Queen Anne Landmark and the Spanish Colonial Revival Landmark or the Project as a whole, or (ii) a determination by the City’s Building Official that the Bonded Scope of Preservation Work has been completed. The Developer’s failure to complete the Bonded Scope of Preservation Work before the expiration of the building permit for the Bonded Scope of Preservation Work within the timeframe allowed under the SMMC (including any extensions that may be granted) shall constitute a Default under Article 11 of this Agreement. The completion of the Bonded Scope of Preservation Work shall be determined by the City’s Building Official. In the event of such Default, in addition to any remedies authorized under Article 11 of this Agreement, City may exercise its remedies as dual obligee on the Bond to cure such default.
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Packet Pg. 358 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 36 2.8.3 Operating Parameters for the Cultural Uses Campus. (a) Except as provided herein, Developer shall continuously operate and maintain the Cultural Uses Campus in accordance with this Section 2.8.3 for the Life of the Project as defined in Section 1.32.
(b) The Cultural Uses Campus shall be a minimum of 33,725 square feet of Floor Area, including a minimum of 18,550 square feet of Floor Area in the Cultural Uses Building that is open to the public as set forth in subparagraph (c), below, and devoted to Cultural Facilities uses, excluding Cultural Accessory Uses, office space, and/or archive/storage space. Notwithstanding the foregoing, if the Floor Area of the Cultural Uses Campus is reduced below the minimum requirements specified in this Section 2.8.3 by either (a) the Landmarks Commission (or City Council on appeal) as part of the Design Review process to be performed in accordance with Article 6 or (b) the Coastal Commission as part of the coastal development permit process for this Project, then the Floor Area otherwise required by this Section 2.8.3 shall automatically be lowered to match the resulting Floor Area allowed by the corresponding Certificate of Appropriateness or Coastal Development Permit(s), whichever is smaller. (c) The Cultural Uses Campus shall generally be open to the public a minimum of seven (7) hours per day for a minimum of six (6) days per week. Notwithstanding the foregoing, Developer may temporarily close the Cultural Uses Campus (or portions thereof) (i) if Developer is making, with reasonable diligence, maintenance/repairs/restorations; (ii) for closures necessitated by changing exhibits; (iii) due to public safety needs or force majeure events; and (iv) Developer may temporarily close portions of the Cultural Uses Campus for private events consistent with operations of other Cultural Facilities in Los Angeles County as long as Developer complies with the provisions of this Section 2.8.3. (d) The Parties acknowledge that there may be an interruption in service from time to time if there is a change in the operator of the Cultural Uses Campus.
Notwithstanding Article 11 of this Agreement, any disruption in service due to a change in the operator of the Cultural Uses Campus shall not constitute a Default by Developer so long as Developer is, in good faith, actively pursuing a new operator of the Cultural Uses Campus. (e) If a change in the operator of the Cultural Uses Campus causes an interruption in services that exceeds six (6) months, (i) Developer shall be obligated to submit a written report and verification to the City outlining the steps being taken to identify a new Cultural Uses Campus operator and schedule of performance for resuming service to the public; (ii) Developer shall be required to offer incentives to prospective operators that include, but are not limited to, offering subsidized rent for the Cultural Uses Campus; and (iii) Developer shall provide a written status update report to the City every two months until a new operator is retained and a schedule of performance for resuming service is established. Interruption in service due to remodeling to facilitate a change in operator shall not count toward the six-month time period in this Section 2.8.3(g) so long as building permits are active in accordance with SMMC Ch. 8.08. However, if the building permit expires before the remodeling work is completed, the six-month period shall relate back and commence with the cessation of use.
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Packet Pg. 359 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 37 Following receipt of one or more status update reports, the City Manager may request to meet and confer with Developer. After such meeting, the City Manager may (a) require the Developer to provide additional incentives to prospective operators of the Cultural Uses Campus (e.g. covering the cost of remodeling/tenant improvement work, assisting with fundraising/securing sponsorships, providing rent reductions/abatements, etc.) and/or (b) determine whether an alternative community benefit shall be required on an interim basis for the remainder of the anticipated closure of the Cultural Uses Campus (e.g. pop-up community programming to be held at the Cultural Uses Campus and/or reasonable subsidy for community programming or community access to other Cultural Facilities during the remainder of the anticipated closure of the Cultural Uses Campus).
(f) Developer understands, acknowledges and agrees, as follows:
(i) Prior to the City Council’s consideration and approval of this Agreement, Developer provided development and operating pro forma numbers to City representatives for the Cultural Facilities, which indicates a deficit of approximately $1.85 million dollars per year to operate the Cultural Facilities; (ii) Developer has represented to City that, notwithstanding the annual operating deficit from the Cultural Facilities, Developer will use the income generated from other uses within the Project (i.e., hotel, residential, retail) if necessary to subsidize the Cultural Facilities. Prior to any transfer of the Project Site in accordance with Section 13.1 of this Agreement, the Property Transferee (as defined in Section 13.1.4) shall affirm its/their obligation to comply with this subsection (ii) in the Assumption Agreement required by Section 13.3 of this Agreement;
(iii) Therefore, under no circumstances shall the Developer’s failure to subsidize the annual operating deficit constitute an Excusable Delay unless and except to the extent that inability to subsidize the Cultural Facilities is directly associated with war, insurrection, walk-outs, riots, acts of terrorism, floods, pandemic, earthquakes, fires, casualties, acts of God, Severe Economic Shock or similar grounds beyond the control of Developer. (iv) Nothing in this subparagraph (f) precludes Developer from obtaining charitable donations or other income/revenue streams to support the Cultural Facilities and offset any operating deficit.
(g) The Cultural Uses Campus shall be designed to attract and exhibit works of local, international, established and emerging artists, including architects, and implement world-class exhibitions and programs meeting high professional standards in the museum or similar Cultural Facilities field. For a minimum of fifteen (15) years from the issuance of the Project’s Certificate of Occupancy, pieces from the archives of Frank O. Gehry shall be shown at one or more permanent or rotating exhibit(s) at the Cultural Uses Campus. (h) Developer shall have the discretion to determine the inaugural structure/model for governance and operations of the Cultural Uses Campus pursuant to Developer’s stated commitment set forth in Section 2.8.3(h) with good faith consideration given to selecting an exemplary organization(s) with the demonstrated experience, knowledge, and
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Packet Pg. 360 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 38 expertise to consistently provide world-class exhibitions and programs meeting high professional standards in the museum or similar Cultural Facilities field, and to successfully operate in accordance with a fiscally-sustainable business and development plan. This may include, but not be limited to, selection of a mission-driven/public benefit non-profit organization or commercial entity to operate the Cultural Uses Campus. Any subsequent change of the primary Cultural Facilities type (e.g., from a museum to a library) shall require Developer to obtain City Manager approval of the structure/model for governance and operations for the new Cultural Facility that is part of the Cultural Uses Campus.
(i) Developer shall employ a highly skilled and qualified Cultural Uses Campus Director and professional curatorial, education and programming, technical, and security staff, comparable in training and qualifications to the staff employed for such purposes at other similarly-sized private museums or Cultural Facilities, and otherwise meeting high professional standards in the museum or similar Cultural Facilities field. (j) Developer shall prepare an Education and Community
Programming Plan (“Programming Plan”) that includes (i) a description of the Programming Plan’s primary components/activities that provide high quality and diverse opportunities for education and engagement with the community; and (ii) the process, with specific performance milestones, by which educational and community programming will be developed and implemented for the Cultural Uses Campus. More specifically, the Programming Plan must address the following:
i. How the Programming Plan aligns with the mission of the Cultural Uses Campus, including Developer’s stated commitment to attract and exhibit works of local, international, established and emerging artists, including architects. ii. How community, educator, and other stakeholder
engagement will be conducted (e.g. community surveys, consultation with DTSM Inc. and youth-serving organizations, etc.), with specific performance milestones, to inform the type and content of programming to be held at the Cultural Uses Campus. iii. How the Programming Plan demonstrates Developer’s
stated commitment to youth education and creating opportunities for higher education students for research and education and incorporates the minimum requirements for Public Schools and Non-Profit Access as set forth in this Section 2.8.3.
iv. Prior to issuance of a Certificate of Occupancy for final building permit signoff for the interior (a/k/a tenant improvement) work for the Cultural Uses Campus, the inaugural Education and Community Programming Plan shall be subject to review and approval by the City Manager, or his or her designee, regarding the content and implementation of the Programming Plan. Subsequent changes to the Programming Plan shall be allowed pursuant to the good faith curatorial discretion of the Cultural Uses Campus Director or other associated professional staff. The City Manager, or his or her designee, shall only review and approve changes and/or a new Programming Plan following a change in Cultural Uses Campus operator or change in the type of Cultural Facility pursuant to Section 2.8.3(h).
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Packet Pg. 361 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 39 (k) Developer shall offer to each of the elementary, middle, and high schools in Santa Monica and Santa Monica College at least once per year that it will provide a field trip opportunity to the Cultural Uses Campus for a subset of each school’s students and associated staff, based on each school’s recommendation and taking into consideration any capacity restrictions at the Cultural Uses Campus with entry to the Cultural Uses Campus provided by Developer at no charge. For the public elementary, middle, and high schools in Santa Monica, Developer shall also cover the cost of transportation to/from the Cultural Uses Campus for the students and associated staff.
(l) At least four (4) times per year (e.g., quarterly), Developer shall offer to a non-profit organization in Santa Monica that provides after school programming for underrepresented youth a field trip opportunity to the Cultural Uses Campus for a subset of the non-profit organization’s youth and associated staff, based on each organization’s recommendation and taking into consideration any capacity restrictions at the Cultural Uses Campus, including transportation to/from the Cultural Uses Campus for the youth and staff, with both the transportation and entry to the Cultural Uses Campus provided by Developer at no charge.
(m) If there is an entry/admission fee to the Cultural Uses Campus, (i) there shall be a discounted rate for students/youth and all Santa Monica residents, which may be managed through a reservation system, and (ii) there shall be one (1) day per month when the entry/admission fee is waived for Santa Monica residents (i.e. “free day” for residents) subject to any capacity restrictions at the Cultural Uses Campus.
(n) Whenever this Section 2.8.3 requires City Manager review and approval, such review and approval shall be undertaken in good faith and with due diligence and shall not be unreasonably withheld, conditioned or delayed.
2.8.4 Publicly Accessible Open Space. Prior to Certificate of Occupancy for the Project, Developer shall establish the publicly-accessible open space that is identified in Exhibit “G” of this Agreement, including the Publicly-Accessible Observation Deck shown on Exhibit “G”, in accordance with the requirements in this Section 2.8.4 (“Publicly-Accessible Open Space”).
(a) The Publicly-Accessible Open Space shall be approximately 16,800 square feet (12,000 square feet at the ground level and 4,800 square feet at the PubliclyAccessible Observation Deck), as shown on Exhibit “G”. (b) The Publicly-Accessible Open Space shall be owned, operated and maintained by Developer at a maintenance standard equivalent to or greater than the standard for the Project’s private ground-level open space.
(c) Except for the Publicly-Accessible Observation Deck, Developer shall generally make the Publicly-Accessible Open Space accessible to the public, without charge, from 8:00 a.m. to 10:00 p.m. daily.
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Packet Pg. 362 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 40 (d) Developer shall make the Publicly-Accessible Observation Deck accessible to the public, at a minimum, from 12:00 p.m. to 8:00 p.m. daily from Memorial Day through Labor Day, and, at a minimum, from 12:00 p.m. to 6:00 p.m. the remainder of the year.
Developer may charge the public up to $1.00 per person (adjusted annually for inflation by the percentage change in the Consumer Price Index commencing on July 1, 2023 and on July 1st of each year thereafter) for access to the Publicly-Accessible Observation Deck so long as one hundred percent (100%) of the net income (i.e., income less expenses) is donated to the Santa Monica Education Foundation, a California nonprofit public benefit corporation, or successor entity. If there is no longer a nonprofit entity that supports Santa Monica public schools in a manner similar to the Santa Monica Education Foundation, then Developer may either (a) select another nonprofit that serves the Santa Monica community to receive the above-described net income or (b) no longer charge the public for access to the Publicly-Accessible Observation Deck. Notwithstanding the foregoing, there shall be no charge for children ages 10 years and younger that are accompanied by an adult.
(e) Notwithstanding the requirement for Developer to generally make the Publicly-Accessible Open Space available to the public as provided in Sections 2.8.4(c) and (d), during these hours Developer may (i) utilize the Publicly-Accessible Open Space for public events and art or cultural installations that are programmed by Developer and open to the public, (ii) place informational wayfinding kiosks and signage (including any directory of the Project’s uses and/or commercial tenants) within the Publicly-Accessible Open Space, (iii) temporarily close the Publicly-Accessible Open Space for Project Site maintenance/repairs or public safety, and (iv) for a maximum of five days per month, temporarily close the Publicly-Accessible Open Space to the general public for private events in the evenings starting at 5:00 p.m provided that the Publicly-Accessible Open Space may not be closed on both Friday and Saturday evenings of the same week. The Publicly-Accessible Open Space may be temporarily closed one additional evening (after 5:00 p.m.) per month for special events hosted by Santa Monica-based non-profits. (f) The public use of the Publicly-Accessible Open Space shall be: (i) consistent with the terms and conditions of this Agreement; (ii) solely for pedestrian access to and passive use of the Publicly-Accessible Open Space by the public, including walking, strolling, viewing and similar activity; (iii) consistent with the rules and regulations contained in the Security Plan described in the following paragraph; and (iv) compatible with Developer’s development, use and enjoyment of the Project as a hotel, retail and residential project. No use other than passive use of the Publicly-Accessible Open Space by the public shall be permitted.
Nothing in this Agreement shall give members of the public the right, without prior written consent of Developer, which consent may be conditioned or withheld by Developer in Developer’s sole discretion, to engage in any other activity in or on the Publicly-Accessible Open Space, including, without limitation any of the following: (A) cooking, dispensing or preparing food; (B) selling any item or engaging in the solicitation of money, signatures, or other goods or services; (C) sleeping or staying overnight; (D) using sound amplifying equipment; or (E) engaging in any illegal, dangerous, intimidating or other activity that Developer reasonably deems to be inconsistent with other uses on the Publicly-Accessible Open Space and with the continuous, orderly, and safe operation of the Project or with the use of the Publicly-Accessible Open Space by other members of the public for the permitted purposes, such as excessive noise or boisterous activity, bicycle or skateboard riding skating or similar activity, being intoxicated, having offensive bodily hygiene, having shopping carts or other wheeled conveyances (except
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Packet Pg. 363 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 41 for wheelchairs and baby strollers/carriages). The Publicly-Accessible Open Space shall remain Developer’s private property with members of the public permitted to occupy and use the Publicly-Accessible Open Space in a manner consistent with this Agreement. Nothing in this Agreement shall be deemed to mean that the Publicly-Accessible Open Space is a public park or is subject to legal requirements applicable to a public park or other public space. (g) Pursuant to EIR Mitigation Measure DCP MM PS-2, Developer shall prepare and implement a security plan for all of the Project’s common and public spaces, including the Publicly-Accessible Open Space (“Security Plan”). The Security Plan will, among other things, establish rules and regulations for public use of the Publicly-Accessible Open Space and will establish private security patrols for the Property including the Publicly-Accessible Open Space. Developer shall have sole responsibility for the conduct of private security patrols. (h) Prior to or concurrent with the submittal of the Project’s building permit application, Developer shall submit a signage proposal, subject to the approval of the Community Development Director, that clearly identifies the Publicly-Accessible Open Space location(s), hours of availability, and access and use restrictions identified in this Section 2.8.4.
Prior to issuance of a final Certificate of Occupancy, Developer shall install such approved signage in the Publicly-Accessible Open Space.
(i) Nothing in this Agreement is intended to limit the rights of any member of the public to use the Publicly-Accessible Open Space for any purpose which, on private land open to public use during specified hours, is protected by the United States Constitution, the California Constitution or any other applicable federal or California law that overrides the rights granted to Developer under this Agreement with respect to limitations on use of the Publicly-Accessible Open Space.
2.8.5 Sustainable Design Status: LEED® Platinum Requirement. Developer shall design the Project so that, at a minimum, the Project as a whole shall achieve LEED® “Platinum” certification under the LEED® v4 Rating System (“Sustainable Design Status”).
Moreover, Developer shall retain the services of a LEED accredited professional to consult with Developer regarding implementation 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 Design Review in accordance with Article 6, Developer shall submit a preliminary checklist of anticipated LEED® credits, including proposed water efficiency measures, (that shall be prepared by the LEED® accredited professional) for review by the City, along with a narrative to demonstrate that the Project is likely to achieve the Sustainable Design Status.
(b) Prior to submittal of the plan check application for the Project, Developer shall:
1) Submit for review by the City an updated checklist of anticipated LEED® credits along with a narrative describing the Project’s sustainable features to demonstrate that the Project is likely to achieve the Sustainable Design Status;
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Packet Pg. 364 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 42 2) Retain the services of a third party, independent individual (the “Commissioning Authority”) designated to organize, lead, review, and complete the process of verifying and documenting that the Project and all of its systems and assemblies are planned, designed, installed, and tested to meet the Sustainable Design Status; and 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 US Green Business Certification Inc., and the Developer has exhausted all administrative remedies and appeals of that denial, then the City shall issue a final Certificate of Occupancy upon the Developer paying a fine in the amount of Four Dollars ($4.00) per square foot of net new Project Floor Area to be used for the City’s Sustainability Programs. This fine may be waived if the City in its sole discretion determines that Developer made a good faith effort to achieve the Sustainable Design Status.
2.8.6 Water Conservation. Project landscaping for all the Buildings shall be irrigated with greywater, stormwater, rainwater, recycled water and/or other approved nonpotable water supply.
2.8.7 Recycled Water Infrastructure Program Improvements. Developer shall:
(a) Prior to issuance of a building permit for the Project, pay to the City its out-of-pocket costs to extend the non-potable water distribution main across Ocean Avenue; and
(b) After City extends the non-potable water distribution main across Ocean Avenue and prior to certificate of occupancy for the Project, extend such main to the Project Site pursuant to specifications provided by City in order to service the Project. After installation, Developer shall have no duty of maintenance or repairs of the non-potable water distribution main.
2.8.8 Urban Runoff. Notwithstanding that the Development Application was deemed complete and pending prior to Ordinance No. 2546 (CCS) becoming effective, the Project shall store and reuse rainwater in accordance with SMMC Section 7.10.090(d).
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Packet Pg. 365 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 43 2.8.9 Additional Energy Conservation Measures. In addition to the energy conservation measures included as project features in Section 2.7.11 above, the Project, except for the energy for the electric vehicle charging infrastructure, shall be designed to use and shall achieve 15% less energy than required by the 2019 California Energy Code. This requirement shall be satisfied prior to issuance of the Project’s building permit.
2.8.10 Local Hiring Program. Developer shall implement and monitor the Local Hiring Program as set forth in Exhibits “I-1” and “I-2”. At least sixty (60) days before recruitment is opened up to general circulation for initial hiring in all or part of the Project’s commercial areas, Developer or the operator of the commercial space shall prepare and submit to the City’s Community Development Director for review and approval a written local hiring program consistent with the obligations under this Agreement for permanent employment. The approved local hiring plan may be amended by Developer from time to time thereafter, subject to the Community Development Director’s review and approval. Failure of any tenant to comply with the Local Hiring Program 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 reasonable enforcement actions to bring such tenant into compliance with this lease provision.
2.8.11 Internship Program. During the Life of the Project, the Developer shall make available at least two (2) internships within the Hotel Uses during each school year (which for this purpose includes the following summer) to students who attend a high school in Santa Monica or Santa Monica College. The internship shall be paid at the City’s minimum wage unless a student requests an unpaid internship in order to obtain school credit(s) (or more school credits) for such internship. Developer will inform City’s Director of Community Development, Santa Monica High School, Santa Monica College, Virginia Avenue Park Advisory Board, Virginia Avenue Park Youth Employment Services, and at least one provider of affordable housing in Santa Monica (e.g. Community Corporation of Santa Monica) of the availability of, and selection criteria for, such internship prior to the start of each school year. The Developer shall also participate annually in Hospitality Training Academy, or any successor entity, internship fair/events to advertise the availability of the hotel internship. Developer shall select interns in accordance with its normal practice of hiring the most qualified candidate and shall make a good faith effort to hire residents of the 90404 zip code (Pico Neighborhood) as the first priority and other Santa Monica residents as the second priority when most qualified or equally qualified as other applicants who are not residents of the 90404 zip code or Santa Monica residents, as applicable. Subject to the requirements specified in this Section 2.8.11, Developer retains full discretion to establish selection criteria for, and to select, the students for the internship.
2.8.12 Enhanced Transportation Impact Fee. Prior to obtaining a building permit for the Project, Developer shall pay to the City the sum of Two Million, Two Hundred Fifty Five Thousand Dollars ($2,255,000.00) to be used by the City for transportation and mobility infrastructure improvements. This enhanced fee is instead of the Transportation Impact Fee that would otherwise be required for the Project pursuant to SMMC Ch. 9.66.
2.8.13 Economic Equity/Opportunity Fund Contribution. Prior to issuance of a building permit for the Project, Developer shall make a contribution to the City in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00). The City shall utilize this contribution to
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Packet Pg. 366 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 44 support economic equity and opportunity initiatives, including but not limited to seed funding for economic opportunity initiatives to support local entrepreneurs from disadvantaged communities, investments in community partnerships and non-profit organizations that support economic equity and opportunity initiatives, and other initiatives as determined by the City or as developed through current and future community processes. The City shall deposit such monies into a separate restricted account to be used exclusively for the economic equity and opportunity initiatives as described above through guidelines established by the City or through current and future community processes.
2.8.14 Equal Opportunity Subcontracting. The following language shall be included in all construction contracts between the Developer and its contractors for the Project:
“The Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, or suppliers. The Contractor shall provide equal opportunity for subcontractors that are qualified and experienced in performing the scope of work required for a project of the Project’s quality and complexity to participate in subcontracting opportunities. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination or other contract remedies.”
At least thirty (30) days before recruitment of subcontractors by any of Developer’s construction contractors, Developer shall submit documentation to the Community Development Director, evidencing its construction contractors’ outreach about bid opportunities to enhance participation by all classes of subcontractors, vendors, or suppliers who are qualified and experienced to perform the scope of work required for a project of the Project’s quality and complexity, including, without limitation, women business enterprises, minority business enterprises, and local business enterprises. The scope of documentation shall be reasonably determined by the Community Development Director.
2.8.15 Enhanced Affordable Housing Commercial Linkage Fee. Prior to obtaining a building permit for the Project Developer shall pay to the City the sum of Four Hundred Thousand Dollars ($400,000.00) to be used by the City to facilitate the development and availability of housing affordable to a broad range of households with varying income levels within the City. This enhanced fee is instead of the Affordable Housing Commercial Linkage fee that would otherwise be required for the Project pursuant to SMMC ch. 9.68.
2.8.16 Gehry Partners as Architect. Developer understands, acknowledges, and agrees that City has materially relied upon Developer’s representation that Gehry Partners will continue to be the lead design architect for the Project through issuance of the Project’s Certificate of Occupancy, and that this representation is deemed by the Parties as a community benefit.
2.8.17 Clean Power. Developer shall contract with the Clean Power Alliance, or similar/successor entity, for electrical service for the Project under the 100% Green Power tier
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Packet Pg. 367 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 45 (which is sourced entirely from wind, solar and geothermal sources) at all times such tier is offered as a service option by the electric utility provider.
2.8.18 Enhanced Parks and Recreation Fee. Prior to obtaining a building permit for the Project, Developer shall pay to the City the sum of Two Million, One Hundred Sixty Thousand Dollars ($2,160,000.00) to be used by the City for off-site parks and recreation projects and programs. This enhanced fee is instead of the Parks and Recreation Development Impact Fee that would otherwise be required for the Project pursuant to SMMC.
2.9 Parking.
2.9.1 Total Number of Spaces. The total number of parking spaces (including all standard-sized, compact, accessible and tandem spaces) provided in the Project’s subterranean space shall be 285, including up to 40% compact parking spaces, unless modified in accordance with Sections 2.4.2 and/or 2.4.3 of this Agreement. Notwithstanding SMMC Section
9.28.120(P), compact parking need not be evenly distributed in parking areas or levels so long as valet or attendant parking is provided. If compact parking is not provided in accordance with SMMC Section 9.28.120(P), valet or attendant parking shall be required at all times unless such requirement is waived in whole or in part by the Director of the Department of Transportation.
In addition to the marked parking spaces, the opportunity for increasing the parking capacity of the garage exists by parking vehicles in the aisles in those portions of the parking garage staffed with attendant or valet parking. In accordance with Condition 24 of Section B of Exhibit “D” to this Agreement, the final auto parking layout specifications shall be subject to the review and approval of the Mobility Division and the Building and Safety Division, and the standards in SMMC Section 9.28.120 shall apply except as provided in this Agreement. So long as the total number of vehicular parking spaces complies with the requirements in this Section 2.9.1, Developer may request and the Director of the Department of Transportation may approve modifications to or waivers of parking design and development standards in Santa Monica Municipal Code Ch. 9.28. This Agreement and the Project Plans set forth the exclusive off-street parking requirements. Provided, and to the extent that the Developer supplies the quantity of parking required under this Agreement, Developer shall have no obligation to pay any parking in-lieu fees to City. Further, provided that Developer supplies the quantity of parking required under this Section, the design, location or position of any parking layout may be revised subject to review and approval by the Director of the Department of Transportation.
2.9.2 Shared Parking. Developer may make any unused on-site parking available for lease consistent with the terms of Exhibit "H", Section (e)(1)(iv).
2.9.3 Parking and Loading Operations Plan. Prior to the issuance of a building permit for the Project, the Developer shall submit a Parking and Loading Operations Plan to the Director of the Department of Transportation for review and approval. The contents of the Plan shall include the following information and any other information as specified by the Mobility Division at the time of submittal: 1) Project location and description of parking and loading facilities; 2) parking and loading layout including accessibility and circulation; 3) hours of operation and staffing of parking and loading facilities; and 4) an operational restriction limiting the delivery/freight trucks to the WB-40 truck sizes with a 50’ maximum length. Developer shall notify all commercial tenants within the Project in writing as part of their lease of the operational
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Packet Pg. 368 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 46 restriction limiting the delivery/freight trucks to the WB-40 truck sizes with a 50’ maximum length.
2.9.4 Bicycle Parking. Bicycle Parking for the Project shall be provided in accordance with Condition 27 of Section B of Exhibit “D” to this Agreement (Bicycle Parking), Section (d)(1)(ii) of Exhibit “H” to this Agreement (Employee Secure Bicycle Storage), Section (d)(1)(iv) of Exhibit “H” to this Agreement (Commercial Short-Term Bicycle Parking), Section (d)(2)(i) of Exhibit “H” to this Agreement (Residential Secure Bicycle Storage), and Section (d)(2)(ii) of Exhibit “H” to this Agreement (Residential Short-Term Bicycle Parking). In accordance with Condition 24 of Section B of Exhibit “D” to this Agreement, the final bicycle parking layout, distribution of bike parking throughout the project, and types of bike parking equipment shall be subject to the review and approval of the Mobility Division. At least one of the stairways from the B1 level on the Second Street Parcel shall have a bicycle channel/runnel to the ground level to facilitate walking a bicycle up/down the stairway.
2.9.5 Ocean Avenue On-Street Valet.
(a) Developer may request an on-street valet permit for its commercial operations, however the City reserves the exclusive right to utilize and manage the public right-of-way in a manner that may preclude on-street valet operations in the future. Prior to commencement of on-street valet operations, Developer shall obtain a valet permit in accordance with SMMC ch. 6.120 or any successor thereto. Unless otherwise approved by the Director of the Department of Transportation, or his or her designee, the valet zone shall be used for the purpose of Project patron/visitor and first-time hotel guest drop-off. Returning and departing Project guests/visitors will be directed to the Project’s drop-off/pick-up point located on Level B1 (using the ramp located off First Court Alley). The final location and size of the valet zone would be subject to review and approval by the City’s Director of the Department of Transportation, or his or her designee. The Project shall adequately staff the valet drop off to avoid queuing outside of the approved valet zone.
(b) Prior to issuance of a building permit for the Project, Developer shall submit to the Community Development Director for review and approval a wayfinding/signage plan alerting/directing Project visitors accessing the Project via vehicle to the Project’s subterranean garage entrance off of First Court Alley. If the Community Development Director and the Public Works Director reasonably determine that it is necessary for one or more of such signs to be located in the public right-of-way (e.g. along Arizona Avenue/First Court Alley) in order for Project visitors to be alerted to the location of the Project’s subterranean garage entrance, then Developer shall obtain a license agreement from the City for such signage, which shall not be unreasonably denied, withheld or delayed.
2.9.6 Second Street Egress. Prior to the issuance of the Project’s Certificate of Occupancy, Developer shall install “No Left Turn” and/or other appropriate signage and/or pavement markings to discourage vehicles from exiting the Project and making a left turn onto Second Street.
2.9.7 This Section 2.9 shall survive the Term of this Agreement and shall remain binding on City and Developer, its successors and assigns, and shall continue in effect for
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Packet Pg. 369 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 47 the Life of the Project. Notice of the terms and conditions in this Section 2.9 shall be recorded separately from and concurrently with this Agreement, stating they are applicable for the Life of the Project.
2.10 Design.
(a) Setbacks. Developer shall maintain the ground-level setbacks necessary to achieve the DCP’s minimum Building Frontage Line requirements in DCP Section 9.10.060.D, as described by Section 2.10(k), below. In the event that any inconsistencies exist between the Zoning Ordinance and the setbacks established by this Agreement, then the setbacks established by this Agreement shall prevail.
(b) Building Height. The maximum Building Height shall be 130 feet for the Hotel Building, 60 feet for the Cultural Uses Building, 58 feet for the Corner Building, 75 feet for the Santa Monica Boulevard Building, and 106 feet for the Second Street Building(s). In the event that any inconsistencies exist between the Zoning Ordinance and the Building Height allowed by this Agreement, then the Building Height allowed by this Agreement shall prevail. (c) Stepbacks. Thirty-Five Percent (35%) of the Building Height above 60 feet on any street-facing facades shall stepback from the Building Frontage Line required in DCP Section 9.10.060.D by a minimum of 5 feet. Stepbacks are not required to be open to the sky. In the event that any inconsistencies exist between the Zoning Ordinance and the setbacks required by this Agreement, then the setbacks established by this Agreement shall prevail. (d) Height Projections. Projections shall be permitted including up to 15 feet from the roof deck for photovoltaic panels, 14 feet from the roof deck for solar thermal water heaters, 22 feet from the roof deck for elevators/elevator shafts and associated equipment, and 12 feet from the roof deck for rooftop features for outdoor living areas such as sunshade, open railings, trellises and landscaping. Projections on the Hotel Building to accommodate the Publicly-Accessible Observation Deck shall be permitted up to 26 feet from the roof deck for elevators/elevator shafts and associated equipment, up to 15 feet from the roof deck for the remainder of the elevator lobby and other projections, and up to 16 feet from the roof deck for mechanical screening. For the Corner Building, architectural features may extend an unlimited number of feet above the roof deck so long as they are within the overall 58-foot building height limit. For the Cultural Uses Building, skylights up to 9 feet above the roof deck shall be permitted. There shall be no limit on the amount of roof area that can be covered by photovoltaic panels, solar thermal water heaters and outdoor living areas provided that such height projections are setback from the roof edge as shown on the Project Plans and are approved pursuant to Section 6.1. Except at provided in this Section 2.10(d), projections shall be consistent with SMMC Section 9.21.060 and Table 9.21.060. In the event that any inconsistencies exist between the Zoning Ordinance and the projections permitted by this Agreement, then the projections permitted by this Agreement shall prevail.
(e) Projections from Buildings into Minimum Setbacks. The Project shall comply with DCP Section 9.10.120 governing projections into minimum setbacks. SMMC Section 9.21.110 shall not apply to the Project.
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Packet Pg. 370 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 48 (f) Signage. Exterior signs on the Property that are visible from a public right-of-way shall be subject to Chapter 9.61 of the SMMC (Santa Monica Sign Code) in effect as of the Effective Date, a copy of which is contained within Exhibit "C"; provided, however, that any review of the sign required by Chapter 9.61 of the SMMC, including with respect to the sign’s location, size, materials, and colors, shall be in accordance with the procedures set forth in Article 6 of this Agreement. Pursuant to SMMC 9.61.130 and Section 6.1, one or more sign adjustments may be approved. Directional signs for vehicles shall be located at approaches to driveways as required by the City's Mobility Division.
(g) Resource Recovery and Recycle Storage and Staging Areas. Refuse and recycling storage and staging areas shall be provided in accordance with the Project Plans and City-approved Construction Plans and Specifications, which are subject to the review and approval of the Director of Public Works pursuant to SMMC Section 9.21.130. (h) Swimming Pool. Because the Project’s swimming pool is located on a roof deck, as shown on the Project Plans, the swimming pool standards included in SMMC Section 9.21.160 shall not apply to the Project.
(i) Fences, Walls and Hedges. The location, size, materials, and color of any fences, walls and hedges, as applicable, shall be reviewed in accordance with the Design Review procedures and criteria set forth in Article 6 of this Agreement and the modification and waiver procedures and findings in SMMC ch. 9.43 shall not apply. The Landmarks Commission or ARB (or the City Council on appeal), as applicable, may authorize fences, walls and hedges that exceed the maximum heights included in SMMC Section 9.21.050; provided however that no fences, walls or hedges are allowed in the setback/open space area between the Queen Anne Landmark and Ocean Avenue or the Spanish Colonial Revival Landmark and Ocean Avenue. (j) Reflective Materials. Notwithstanding SMMC Section 9.21.120, in reviewing and approving the Project’s design pursuant to Article 6, the Landmarks Commission or ARB (or the City Council on appeal), as applicable, may allow any of the buildings’ façade to have more than twenty-five percent (25%) of a highly reflective material(s). (k) DCP Development Standards. In addition to the development standards applicable to the Property pursuant to DCP Section 9.10.080 (height limit, Maximum Floor Area and open space), the Project shall achieve the DCP’s minimum Building Frontage Line requirements in DCP Section 9.10.060. In order to achieve these Building Frontage Line requirements (20 feet minimum along Ocean Avenue, 15 feet minimum along Second Street, and 18 feet minimum along Santa Monica Boulevard), the Project shall be setback a minimum of 3 feet and 6 inches (3’-6”) from the Second Street property line. Except as provided in this Section
2.10(k) and consistent with DCP Section 9.10.080, the DCP’s generally applicable standards and regulations, including those applicable to the Ocean Transition District and Bayside Conservation (2nd and 4th Streets) designations, shall not apply to the Project. (l) Loading Spaces. Loading spaces for the Project are conceptually shown on the Project Plans and shall be subject to review and approval by the Director of the Department of Transportation. Design/dimensions of Project loading spaces may be revised by the Developer and any revisions shall be subject to review and approval by the Director of the
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Packet Pg. 371 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 49 Department of Transportation. The loading requirements in Zoning Ordinance, including those in SMMC Section 9.28.080, shall not apply to the Project.
(m) Windows in Bedrooms. All bedrooms in residential units shall have at least one window.
2.11 Contract with City. Developer hereby acknowledges that in approving this Agreement for the Project, the City is waiving certain fees and taxes and modifying certain development standards that would otherwise be applicable to the Project such as increasing unit density and other property development standards compared with the DCP’s standards for base projects in the Ocean Transition and Bayside Conservation (2nd and 4th Streets) designations, as applicable. 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 the Affordable Housing Units for occupancy by income qualified households. The parties agree and acknowledge that this is a contract providing forms of assistance to the Developer within the meaning of Civil Code Section 1954.52(b) and Chapter
4.3 of the State Planning and Zoning Laws, Government Code Section 65915 et seq.
2.12 Coastal Commission Review. After the Effective Date of the Development Agreement and the 1992 LUP Amendment, in order to allow Developer to file its application with the California Coastal Commission for the Project’s Coastal Development Permit prior to completion of the Design Review Process required by Article 6 of this Agreement, the Community Development Director, or his or her designee, shall provide Developer with a fully completed and executed Section 2 of the Local Agency Review Form (Appendix B of the Coastal Development Permit Application) and stamp two sets of Project Plans within 15 days after receiving such a written request and the associated processing fee from Developer.
2.13 Dedication and Acceptance of Street Easement. Prior to the closure of the southern portion of First Court Alley for general vehicular access to facilitate it becoming the Pedestrian Mall, Developer shall dedicate to City and City shall accept the re-routed First Court Alley vehicular access across the Second Street Parcel (the “Re-Routed First Court Alley”) as a public right-of-way in pursuant to a surface easement agreement in the form of Exhibit "O" attached hereto.
2.14 Ellis Act Waiver. Developer understands, acknowledges, and agrees that this Development Agreement is a voluntary contract between the City and Developer, detailing the obligations of both parties and specifying the standards and conditions that will govern development of the Project on the Property. Developer further understands, acknowledges, and agrees that the Developer’s provision of the Project’s Rental Housing Units, including the Replacement Units and the Affordable Housing Units referenced in Sections 2.7 and 2.8, is consideration for the City’s direct financial contribution in the form of the City’s grant of a license to Developer to use public property as specified in Sections 2.2(c) and (d) of this Development Agreement. Developer understands, acknowledges and agrees that the City’s grant of a license to Developer constitutes a direct financial contribution within the meaning of California Government Code sections 7060.1 and 65916; Developer, therefore, waives any rights to withdraw the Project’s Rental Housing Units from the rental market during the Life of the Project under the Ellis Act (Government Code sections 7060 et seq.) unless (a) the Project is
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Packet Pg. 372 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 50 damaged or destroyed and the Ellis Act is being used to facilitate the removal and rebuilding of the Project, including the Rental Units, in accordance with this Development Agreement or (b) expressly authorized by the City Council as a major amendment to this Development Agreement.
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 “J” 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 Project Site’s property lines 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, after hours construction permits can be granted for concrete pours.
3.3 Outside Building Permit Issuance Date.
a. 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. Issuance of a Foundation Only Permit pursuant to Section 2.4.6 constitutes a building permit for purposes of this Section 3.3.
For purposes of clarity, if Developer has not been issued a building permit for the Project by the Outside Building Permit Issuance Date, the City shall not be required to pursue its remedies under Section 11.4 of this Agreement, and this Agreement shall, instead, automatically terminate. “Outside Building Permit Issuance Date” means the date that is eight (8) years after the Effective Date; provided that the Outside Building Permit Issuance Date shall automatically be extended by applicable Excusable Delays and otherwise in accordance with the remainder of this paragraph.
b. If the approval of the Project design does not occur within six (6) months of the submittal by Developer to the ARB or Landmarks Commission of the Project design pursuant to Article 6, then the Outside Building Permit Issuance Date shall be automatically extended one month for each additional month or partial month greater than six (6) that the final ARB or Certificate of Appropriateness approval, as applicable, is delayed. If the approval by the California Coastal Commission of the Project does not occur within six (6) months of the submittal by Developer to the Coastal Commission, then the Outside Building Permit Issuance Date shall automatically be extended one month for each additional month or partial month greater than six (6) that the Coastal Commission approval is delayed.
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Packet Pg. 373 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 51 c. At any time after the Effective Date but before the Outside Building Permit Issuance Date, Developer may deliver written notice to the Community Development Director, requesting an extension of the Outside Building Permit Issuance Date for an additional twelve (12) months. The Community Development 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 Outside Building Permit Issuance Date and can demonstrate that: (a) the condition of the Project Site 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. If a building permit for all or part of the Project expires (e.g., is not timely exercised) or lapses and the Outside Building Permit Issuance Date has not expired, Developer may file for renewal of such building permit or a new/replacement building permit prior to the Outside Building Permit Issuance Date, as it may be extended pursuant to Section 3.3 above.
3.5 Damage or Destruction. If the Project, or any part thereof, is damaged or destroyed within the Term, Developer shall be entitled to reconstruct the Project in accordance with this Agreement if: (a) Developer obtains a building permit for this reconstruction prior to the expiration of this Agreement and (b) the Developer is not in Breach of this Agreement. In addition, if the Project, or any part thereof, is damaged or destroyed beyond the Term but within fifty-five (55) years of issuance of the Project’s Certificate of Occupancy, Developer shall be entitled to reconstruct the Project in accordance with SMMC Section 9.27.040; provided, however, that if Developer rebuilds the Project, then Developer remains obligated to satisfy the significant project features (Section 2.7) and community benefits (Section 2.8) to the extent that they were required by this Agreement for the Project. This Section 3.5 shall survive the expiration of the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and City and shall continue in effect for fifty-five (55) years from the issuance of the final certificate of occupancy for the Project.
3.6 Final Determination That the 101 Santa Monica Boulevard Building, 1327 Ocean Avenue Building, 1333 Ocean Avenue Rear Structure and 1337 Ocean Avenue Rear Structure Are Not Eligible for Designation as Landmarks or Structures of Merit. Due the prior review and consideration of the demolition permit applications for the 101 Santa Monica Boulevard Building, 1327 Ocean Avenue Building, 1333 Ocean Avenue Rear Structure and 1337 Ocean Avenue Rear Structure, these existing buildings shall not be designated or evaluated for designation as City landmarks or structures of merit up through the Outside Building Permit Issuance Date. Notwithstanding the foregoing, (a) no demolition permit(s) for the 1333 Ocean Avenue Rear Structure shall be issued until the Project has received its Certificate(s) of Appropriateness addressing removal of its physical connection(s) with the Queen Anne Landmark Building in accordance with Article 6 below and (b) no demolition permit(s) for the 1337 Ocean Avenue Rear Structure shall be issued until the Project has received its Certificate(s) of Appropriateness addressing removal of its physical connection(s) with the Spanish Colonial Revival Landmark Building in accordance with Article 6 below.
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Packet Pg. 374 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 52 ARTICLE 4
PROJECT FEES, EXACTIONS, MITIGATION MEASURES
AND CONDITIONS
4.1 Fees, Exactions, Mitigation Measures and Conditions. Except as expressly set forth in Section 2.8 (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, mitigation measures, conditions, and standards of construction set forth in this Agreement, including Exhibits “D”, “J” and “K”, respectively, attached hereto, and no others. If any of the mitigation measures or conditions set forth on Exhibit “D” is satisfied by others, Developer shall be deemed to have satisfied such measures or conditions.
Notwithstanding the foregoing, except to the extent specifically provided otherwise, this Agreement does not require Developer to pay any exactions nor implement any mitigation measures nor satisfy any conditions of approval if Developer does not obtain a building permit for the Project prior to expiration of the Outside Building Permit Issuance Date including any extensions thereof or any tolling thereof in accordance with Section 3.3.
4.2 Conditions on Modifications. The City may impose fees, exactions, mitigation measures and conditions in connection with its approval of Minor or Major Modifications, provided that all fees, exactions, mitigation measures and conditions shall be in accordance with any applicable law.
4.3 Implementation of Mitigation Measures and Conditions of Approval.
4.3.1 Compliance with Mitigation Measures and Conditions of Approval.
Developer shall be responsible for implementing the mitigation measures set forth in Section A of Exhibit “D” attached hereto, and Developer shall be responsible to adhere to the conditions of approval set forth in Section B of Exhibit “D” in accordance with the timelines established in Exhibit "D".
4.3.2 Survival of Mitigation Measures and Conditions of Approval. If Developer proceeds with the construction of the Project or any portion thereof, except as otherwise expressly limited in this Agreement, the community benefits required by Section 2.8, and the obligations and requirements imposed by the mitigation measures and conditions of approval set forth in the attached Exhibit “D”, “E-1”, “E-2”, and “I-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 and for any reconstruction authorized by Section 3.5. Notice of the community benefits, mitigation measures and conditions of approval shall be recorded by the City separately and concurrently with this Agreement. Such notice shall include a process by which Developer, after expiration of the Term of this Agreement, can seek and the City can approve modifications to the requirements in this Agreement. For the avoidance of doubt, none of the requirements in this Agreement that run for the Life of the Project shall be interpreted to either (a) compel Developer to operate the Project beyond its “useful life” as determined by Developer or (b) prevent Developer from seeking future City entitlements to redevelop the Project Site (in which case the conditions and requirements in those future City entitlements would apply).
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Packet Pg. 375 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 53 4.3.3 Fee Waivers and Reductions. Except as otherwise provided herein, the Project shall be entitled to all fee waivers and fee reductions available for projects involving City-designated landmarks and/or affordable housing under the SMMC.
ARTICLE 5
EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS
5.1 Development Standards for the Project Site; Existing Regulations. The following development standards and restrictions set forth in this Section 5.1 govern the use and development of the Project and shall constitute the Existing Regulations, except as otherwise expressly required by this Agreement.
5.1.1 Defined Terms. The following terms shall have the meanings set forth below:
(a) “Existing Regulations” collectively means all of the following which are in force and effect as of the Effective Date: (i) the General Plan (including, without limitation, the LUCE); (ii) the DCP, (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; (v) the City’s 1992 LUP, as amended by the 1992 LUP Amendment; and (vi) the development standards and procedures in Article 2 of this Agreement. (b) “Subsequent Code Changes” collectively means all of the following which are adopted or approved subsequent to the Effective Date, whether such adoption or approval is by the City Council, any department, division, office, board, commission or other agency of the City, by the people of the City through charter amendment, referendum, initiative or other ballot measure, or by any other method or procedure: (i) any amendments, revisions, additions or deletions to the Existing Regulations; or (ii) new codes, ordinances, rules, regulations, standards, specifications and official policies of the City governing or affecting the grading, design, development, construction, occupancy or use of building or improvements or any exactions therefor. “Subsequent Code Changes” includes, without limitation, any amendments, revisions or additions to the Existing Regulations imposing or requiring the payment of any fee, special assessment or tax.
5.1.2 Existing Regulations Govern the Project. Except as provided in Section
5.2, development of the Buildings and improvements that will comprise the Project, including without limitation, the development standards for the demolition, grading, design, development, construction, occupancy or use of such Buildings and improvements, and any exactions therefor, shall be governed by the Existing Regulations. The City agrees that this Agreement is consistent with the General Plan, including the LUCE, the DCP, the 1992 LUP as amended by the 1992 LUP Amendment, and the 2018 Draft LUP. 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
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Packet Pg. 376 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 54 City or any agency or body thereof, other than the matters of Design Review as specified in Article 6 and review of modifications to the Project as expressly set forth in Sections 2.4.2, 2.4.3,
2.5.3, 2.5.4, and 2.6; (b) the application of any subsequent local development or building moratoria, development or building rationing systems or other restrictions on development which would adversely affect the rate, timing, or phasing of construction of the Project, and (c) Subsequent Code Changes which are inconsistent with this Agreement.
5.2 Permitted Subsequent Code Changes.
5.2.1 Applicable Subsequent Code Changes. Notwithstanding the terms of Section 5.1, this Agreement shall not prevent the City from applying to the Project the following Subsequent Code Changes set forth below in this Section 5.2.1. (a) Processing fees and charges imposed by the City to cover the estimated actual costs to City of processing applications for development approvals including:
(i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Project Site in effect at the time an application for a grading permit or building permit is applied for; (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by Developer; (iv) fees for monitoring compliance with any development approvals, or any environmental impact mitigation measures; (v) utility charges; and (vi) fees that may be paid in-lieu of satisfying water neutrality or water recycling requirements, if applicable; 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 Project Site or to businesses occupying the Project Site; provided that (i) the tax is of general applicability City-wide and does not burden the Project Site 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 Community Plan area 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
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Packet Pg. 377 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 55 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, which consent may be withheld by Developer in its sole discretion. (f) Collection of such fees or exactions as are imposed and set by governmental entities not controlled by City but which are required to be collected by City. (g) Wastewater/water connection fees, including capital facility and construction fees, which are adopted by the City Council from time to time and apply generally throughout the City.
(h) Regulations which do not impair the rights and approvals granted to Developer under this Agreement. For the purposes of this Section 5.2.1(h), regulations which impair Developer’s rights or approvals include, but are not limited to, regulations which (i) materially increase the cost of the Project (except as provided in Section 5.2.1(a), (b), and (d) above), or (ii) which would materially delay development of the Project or that would cause a material change in the uses of the Project as provided in this Agreement. (i) Generally applicable codes or actions necessary to comply with a declaration of a Water Shortage Emergency pursuant to the California Water Code.
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 Project Site. 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 Project Site 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 Project Site is concerned. If there is any conflict or inconsistency between the
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Packet Pg. 378 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 56 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 Project Site or the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Project Site except as expressly provided in this Agreement.
5.6 1992 LUP Amendment Application to Coastal Commission. Within 45 days after receiving a written request from Developer and confirmation from Developer that Developer will be ready to file its application for the Project’s Coastal Development Permit within 45 days, City shall file a fully completed application with the California Coastal Commission for an amendment to the 1992 LUP and such amendment application shall be consistent with the 1992 LUP Amendment approved by the City Council concurrent with its approval of the Project.
Upon its filing, City shall promptly provide Developer with a conformed copy of the amendment application and shall process the 1992 LUP Amendment application in good faith so that it may be brought forward for consideration by the California Coastal Commission concurrently with the Commission's consideration of the Project's Coastal Development Permit(s). Developer shall reimburse the City for its actual and reasonable costs incurred in connection with processing such amendment application after provision of an invoice by the City.
ARTICLE 6
DESIGN APPROVAL
6.1 Design Approval.
a. Except as provided in this Article 6 and consistent with Mitigation Measure CR-1 as set forth in Exhibit “D”, the design of the Cultural Uses Campus--including but not limited to (i) design of the Cultural Uses Building, (ii) protection, relocation (both temporary and permanent), rehabilitation and/or restoration of the Queen Anne and Spanish Colonial Revival Landmarks, (iii) connections between the Cultural Uses Building and the Landmark Buildings and (iv) open space improvements in the portion of the Project Site north of the Hotel Building within the area delineated on Exhibit “L”--shall be subject to review and approval or conditional approval by the Landmarks Commission in accordance with the Certificate of Appropriateness procedures and criteria set forth in SMMC Section 9.56.170. Notwithstanding the foregoing, a member of the ARB as may be appointed by the ARB shall be encouraged to be present and may participate in the Landmarks Commission’s discussion and deliberation but may not cast a vote at any Landmarks Commission hearings for approval, conditional approval, or
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Packet Pg. 379 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 57 denial, of one or more Certificates of Appropriateness for the Project. Subject to Section 6.1(c) below, as to these improvements the Landmarks Commission shall have the jurisdiction outlined in SMMC Section 9.56.140, which supplants the jurisdiction of the ARB per Existing Regulations 9.55.120 with respect to the Project improvements covered by this Section 6.1(a), as if the delineated area(s) shown on Exhibit "L" were a Landmark Parcel. b. Except as provided in this Article 6, the design of all Project improvements and open space except those addressed in Section 6.1(a) above and as delineated within the red hatching on Exhibit “L” shall be subject to review and approval or conditional approval by the ARB in accordance with design review procedures in SMMC 9.55.120 except that a Landmarks Commissioner, as may be appointed by the Landmarks Commission, shall be encouraged to be present and may participate in discussion and deliberation but may not cast a vote at any ARB hearings for design approval, conditional approval, or denial of the Project improvements not covered by Section 6.1(a). The ARB’s approval of the Project’s design pursuant to this Section 6.1(b) shall not occur until after the Landmarks Commission’s approval of the Certificate of Appropriateness for the Cultural Uses Campus pursuant to Section 6.1(a); provided however that the ARB’s approval of the Project’s design may occur prior to the Landmarks Commission’s approval of the Certificate of Appropriateness for the Cultural Uses Campus landscape/hardscape design if the Applicant elects to defer the Landmarks Commission’s decision as to landscape and/or hardscape to a later time. c. Consistent with Existing Regulations, neither the ARB nor the Landmarks Commission (nor the City Council on appeal) may require modifications to the Buildings’ design which negate the fundamental development standards established by this Agreement. For example, neither the ARB nor the Landmarks Commission (nor the City Council on appeal) can require reduction in the overall height of the buildings, reduction in the number of stories in the buildings, reduction in number of hotel rooms or residential units, reduction in the Floor Area greater than two percent (2%) or expansion of the open space. The ARB or the Landmarks Commission (or the City Council on appeal) may not, directly or indirectly, take action that has the effect of (x) preventing the moving, temporary staging or ultimate repositioning of the Queen Anne Landmark and/or Spanish Colonial Revival Landmark as shown on the Project Plans or (y) requiring elimination of any of the physical connections between the Buildings. d. Either or both the ARB’s approval and Landmarks Commission’s certificate of appropriateness are appealable to the City Council (and not the Planning Commission). Appeal of an ARB approval shall be in accordance with the procedures set forth in SMMC 9.37.130; provided, however, that the City Council shall schedule a public hearing to be held within forty-five (45) days after the notice of appeal is properly filed and the City Council shall render its decision on the appeal within thirty (30) days from the date set for the initial public City Council appeal hearing unless the Developer requests a continuance or otherwise agrees to grant an extension. Appeal of a Landmarks Commission certificate of appropriateness shall be in accordance with the procedures set forth in SMMC 9.56.180. e. Unless the Developer requests a continuance or otherwise agrees to grant an extension, if either the ARB or Landmarks Commission does not render a final decision within 120 days of the ARB application or Certificate of Appropriateness application (or amendment application), as applicable, being filed, Developer may request that the City Council
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Packet Pg. 380 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 58 conduct a public hearing or hearings and render a final decision on the applicable design application. The City Council shall schedule such hearing within 45 days of receiving such request unless Developer consents to an extension of such 45-day time period, which consent Developer may withhold in its sole discretion.
f. After initial design approval of the Project, any future modifications to the approved design shall be reviewed by the same body and the same process outlined above in this Article 6 for the initial design approval for the Project; provided, however, that City Staff shall be authorized to approve minor modifications.
g. Amendments to ARB approval(s) and Certificate(s) of Appropriateness for the Project and ARB approval and Certificate of Appropriateness applications filed subsequent to approval of the initial ARB approval and Certificate(s) of Appropriateness governing design, colors, materials, and landscaping shall be reviewed by the Landmarks Commission or ARB, as applicable, pursuant to the same processes outlined above in this Article 6; provided, however, that City Staff shall be authorized to approve minor modifications to any Certificate of Appropriateness and/or ARB approval.
6.2 Conceptual Design Review. Developer may elect from time to time, prior to filing an application for a Certificate of Appropriateness or ARB approval, to seek conceptual review(s) from the Landmarks Commission or the Architectural Review Board (or both, separately or jointly) in duly noticed public hearings. Upon receiving such request from Developer, City shall promptly schedule such conceptual review(s). The body not holding the conceptual review may (but is not required to) send a liaison to the conceptual review (e.g., if the Landmarks Commission is holding a conceptual review, the ARB may send a liaison).
6.3 Notification to Design Review Bodies. City Staff shall notify the Landmarks Commission of any ARB hearings regarding the Project and shall notify the ARB of any Landmarks Commission hearings regarding the Project.
6.4 Expiration of Design Approvals. Notwithstanding any provisions of the Existing Regulations, no ARB approval and/or no Certificate of Appropriateness granted with respect to the Project shall expire prior to expiration of the Outside Building Permit Issuance Date, including any extensions thereof or any tolling thereof in accordance with Section 3.3.
6.5 Concurrent Processing of One Foundation Only Permit. Developer may concurrently process plan check for one or more foundation-only permits (SMMC § 8.08.060) during the processing of processing of an ARB application and/or Certificate of Appropriateness application(s) pursuant to this Article 6. Developer hereby agrees to accept the risk of plan check revisions if necessitated by the outcome of the ARB design review and/or Landmarks Commission’s review of a Certificate of Appropriateness.
6.6 Concurrent Application to California Coastal Commission. In order to allow Developer to file its application with the California Coastal Commission for the Project’s Coastal Development Permit prior to completion of the Design Review Process required by this Article, the Community Development Director, or his or her designee, shall provide Developer with a fully completed and executed Section 2 of the Local Agency Review Form (Appendix B of the
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Packet Pg. 381 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 59 Coastal Development Permit Application) and stamp two sets of Project Plans within 15 days after receiving such a written request and the associated processing fee from Developer.
ARTICLE 7
CITY TECHNICAL PERMITS
7.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below:
7.1.1 “Technical City Permits” means any Ministerial Approvals, consents or permits from the City or any office, board, commission, department, division or agency of the City, which are necessary for the actual construction of the Project or any portion thereof in accordance with the Project Site Plan and this Agreement. Technical City Permits include, without limitation (a) building permits, (b) related mechanical, electrical, plumbing and other technical permits, (c) demolition, excavation and grading permits, (d) encroachment permits, (e) tieback and shoring permits, (f) off-site improvement permits, and (g) temporary and final certificates of occupancy.
7.1.2 “Technical Permit Applications” means any applications required to be filed by Developer for any Technical City Permits.
7.2 Diligent Action by City.
7.2.1 Upon satisfaction of the conditions set forth in Section 7.3, the City shall accept the Technical Permit Applications filed by Developer with the City and shall diligently proceed to process such Technical Permit Applications to completion.
7.2.2 Upon satisfaction of the conditions set forth in Section 7.3, the City shall diligently issue the Technical City Permits which are the subject of the Technical Permit Applications.
7.2.3 In accordance with SMMC Chapter 9.64, the Project shall receive priority building department plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.
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;
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Packet Pg. 382 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 60 (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 Design Approval referred to in Article 6 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, including those in Exhibit “D”, 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 or offsite improvements, as applicable;
(c) The proposed Building conforms to the development standards for such Building 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 or offsite improvements, as applicable, conforms to the Administrative and Technical Construction Codes of the City (Article VIII of the SMMC) (the “Technical Codes”) in effect on the date that the Technical Permit Application is filed.
7.3.3 New Technical Requirements. From time to time, the City’s Technical Codes are amended to meet new technical requirements related to techniques of building and construction. If the sole means of achieving compliance for the Project with such revisions to the Technical Codes made after the Effective Date (“New Technical Requirements”) would require an increase from the allowable Building Height established in this Agreement for the Project, then the Community Development 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 Community Development Director’s receipt of a written request for such relief from Developer. Developer is required to supply the Community Development 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 Community Development 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
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Packet Pg. 383 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 61 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 Community Development Director, which may be granted or withheld in the Community Development Director’s sole discretion.
ARTICLE 8
AMENDMENT AND MODIFICATION
8.1 Amendment and Modification of Development Agreement. Subject to the notice and hearing requirements of the applicable Development Agreement Statutes, this Agreement may be modified or amended from time to time only with the written consent of Developer and the City or their successors and assigns in accordance with the provisions of the SMMC and Section 65868 of the California Government Code.
ARTICLE 9
TERM
9.1 Effective Date. This Agreement shall be dated, and the obligations of the Parties hereunder shall be effective as of the date upon which the ordinance approving this Agreement becomes effective (the “Effective Date”). The Parties shall execute this Agreement within ten (10) working days of the Effective Date.
9.2 Term.
9.2.1 Term of Agreement. The term of this Agreement shall commence on the Effective Date and shall continue for ten (10) years thereafter (the “Term”), unless the Term is otherwise terminated pursuant to Section 11.4, after the satisfaction of all applicable public hearing and related procedural requirements, or pursuant to Section 3.3. Notwithstanding the foregoing, if either (a) the approval of the Project design does not occur within six (6) months of the submittal of the Project design pursuant to Article 6 by Developer to the Landmarks Commission or ARB, as applicable, and/or (b) the approval by the California Coastal Commission of the Project does not occur within six (6) months of the submittal by Developer of the Project to the Coastal Commission, then the Term shall automatically be extended one month for each additional month or partial month greater than six (6) that the Landmarks Commission approval, ARB approval and/or Coastal Commission approval, as applicable, is delayed.
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Packet Pg. 384 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 62 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 Agreement once each year, on or before March 31st (each, a “Periodic Review”), in accordance with this Article 10 in order to determine whether or not Developer is out-of-compliance with any specific term or provision of this Agreement.
10.2 Evidence of Good Faith Compliance. On or before October 1st of each year, Developer shall deliver to the City a written report demonstrating that Developer has been in good faith compliance with this Agreement during the twelve (12) month period prior to the anniversary of the Effective Date. The written report shall be provided in the form established by the City at the time of the first annual report, if any, which form shall not change materially thereafter without Developer’s consent. For purposes of this Agreement, the phrase “good faith compliance” shall mean the following: (a) compliance by Developer with the requirements of the Existing Regulations, except as otherwise modified by this Agreement; and (b) compliance by Developer with the terms and conditions of this Agreement, subject to the existence of any specified Excusable Delays (as defined in Section 15.8 below) which prevented or delayed the timely performance by Developer of any of its obligations under this Agreement.
10.3 Information to be Provided to Developer. Prior to any public hearing concerning the Periodic Review of this Agreement, the City shall deliver to Developer a copy of all staff reports prepared in connection with a Periodic Review, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review. If the City delivers to Developer a Notice of Breach pursuant to Section 11.1 below, the City shall concurrently deliver to Developer a copy of all staff reports prepared in connection with such Notice of Breach, all written comments from the public, and all related exhibits concerning such Notice of Breach.
10.4 Notice of Breach; Cure Rights. If during any Periodic Review, the City reasonably concludes on the basis of substantial evidence that Developer has not demonstrated that it is in good faith compliance with this Agreement, then the City may issue and deliver to Developer a written Notice of Breach pursuant to Section 11.1 below, and Developer shall have the opportunity to cure the default identified in the Notice of Breach during the cure periods and in the manner provided by Section 11.2 and Section 11.3, as applicable.
10.5 Failure of Periodic Review. The City’s failure to review at least annually compliance by Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement.
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Packet Pg. 385 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 63 10.6 Termination of Development Agreement. If Developer fails to timely cure any material item(s) of non-compliance set forth in a Notice of Breach, 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” or “Default”), 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 sixty (60) days after receipt by Developer of the Notice of Breach; provided that if such monetary Breach is the result of an Excusable Delay or the cure of the same is delayed as a result of an Excusable Delay, Developer shall deliver to the City reasonable evidence of the Excusable Delay.
11.1.3 Non-Monetary Breach. In the case of a non-monetary Breach by either Party, the alleged defaulting Party shall promptly commence to cure the identified Breach and shall diligently prosecute such cure to completion; provided that the defaulting Party shall complete such cure within thirty (30) days after receipt of the Notice of Breach or provide evidence of Excusable Delay that prevents or delays the completion of such cure. The thirty (30) day cure period for a non-monetary Breach shall be extended as is reasonably necessary to remedy such Breach; provided that the alleged defaulting Party commences such cure promptly after receiving the Notice of Breach and continuously and diligently pursues such remedy at all times until such Breach is cured.
11.1.4 Excusable Delay. Notwithstanding anything to the contrary contained in this Agreement, the City’s exercise of any of its rights or remedies under this Article 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8 below.
10.B.b
Packet Pg. 386 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 64 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) sixty (60) 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 nondefaulting party if the other Party causes an Event of Non-Monetary Default to occur.
11.3.3 Writ of Mandate. The City and Developer hereby stipulate that Developer shall be entitled to obtain relief in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any Event of Non-Monetary Default by the City of its obligations and duties under this Agreement. Nothing in this Section 11.3.3, however, is intended to alter the evidentiary standard or the standard of review applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to the Project.
11.3.4 No Damages Relief Against City. It is acknowledged by Developer that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys’ fees and court costs, the City shall not be liable in damages to Developer, and Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages:
(a) for any default under this Agreement;
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Packet Pg. 387 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 65 (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; or (c) constitute Damages which arise under Section 14.1.
11.3.7 No Other Limitations. Except as expressly set forth in this Section 11.3, the provisions of this Section 11.3 shall not otherwise limit any other rights, remedies, or causes
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Packet Pg. 388 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 66 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 with Section 12.1) of its intention to modify or terminate this Agreement unless Developer (or the Secured Lender) cures or corrects the acts or omissions that constitute the basis of such determinations by the City (a “Hearing Notice”). The Hearing Notice shall be delivered by the City to Developer in accordance with Section 15.1 and shall contain the time and place of a public hearing to be held by the City Council on the determination of the City to proceed with modification or termination of this Agreement. The public hearing shall not be held earlier than:
(i) thirty-one (31) days after delivery of the Hearing Notice to Developer or (ii) if a Secured Lender has delivered a Request for Notice in accordance with Section 12.1, the day following the expiration of the “Secured Lender Cure Period” (as defined in Section 12.1). (b) If, following the conclusion of the public hearing, the City Council: (i) determines that an Event of Non-Monetary Default has occurred or the Developer has not been in good faith compliance with this Agreement pursuant to Section 10.1, and (ii) further determines that Developer (or the Secured Lender, if applicable) has not cured (within the applicable cure periods) the acts or omissions that constitute the basis of the determination under clause (i) above or if those acts or omissions could not be reasonably remedied prior to the public hearing that Developer (or the Secured Lender) has not in good faith commenced to cure or correct such acts or omissions prior to the public hearing or is not diligently and continuously proceeding therewith to completion, then upon making such conclusions, the City Council may modify or terminate this Agreement. The City cannot unilaterally modify the provisions of this Agreement pursuant to this Section 11.4. Any such modification requires the written consent of Developer. If the City Council does not terminate this Agreement, but proposes a modification to this Agreement as a result of the public hearing and Developer does not (within five (5) days of receipt) execute and deliver to the City the form of modification of this Agreement submitted to Developer by the City, then the City Council may elect to terminate this Agreement at any time after the sixth day after Developer’s receipt of such proposed modification.
11.5 Cessation of Rights and Obligations. If this Agreement is terminated by the City pursuant to and in accordance with Section 11.4, the rights, duties and obligations of the Parties under this Agreement shall cease as of the date of such termination, except only for those rights and obligations that expressly survive the termination of this Agreement. In such event, any and
10.B.b
Packet Pg. 389 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 67 all benefits, including money received by the City prior to the date of termination, shall be retained by the City.
11.6 Completion of Improvements. Notwithstanding the provisions of Sections 11.2,
11.3, 11.4, and 11.5, if prior to termination of this Agreement, Developer has satisfied the community benefits owed to the City under this Agreement as a condition to issuance of a building permit and 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 (a) complete construction of the Building in accordance with the terms of the building permit and this Agreement, subject to its continuing obligations to construct the Project with all significant project features (Section 2.7) and satisfy all outstanding community benefits (Section
2.8) and, (b) 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 building 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 Project Site. This Agreement shall not prevent or limit Developer (in its sole discretion), from encumbering the Project Site (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 Project Site (a “Mortgage”). Each mortgagee of a mortgage or a beneficiary of a deed of trust (each, a “Secured Lender”) on the Project Site shall be entitled to the rights and privileges set forth in this Article 12. Any Secured Lender may require from the City certain interpretations of this Agreement. The City shall from time to time, upon request made by Developer, meet with Developer and representatives of each of its Secured Lenders to negotiate in good faith any Secured Lender’s request for interpretation of any part of this Agreement. The City will not unreasonably withhold, condition or delay the delivery to a Secured Lender of the City’s written response to any such requested interpretation.
12.1.1 Mortgage Not Rendered Invalid. Except as provided in Section 12.1.2, neither entering into this Agreement nor a Breach of this Agreement, nor any Event of Monetary Default nor any Event of Non-Monetary Default shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.
12.1.2 Priority of Agreement. This Agreement shall be superior and senior to the lien of any Mortgage. Any acquisition or acceptance of title or any right or interest in or with respect to the Project Site 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.
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Packet Pg. 390 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 68 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 Project Site 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 Project Site encumbered by the Secured Lender’s lien, the City shall send to such Secured Lender a copy of each such Notice of Breach and each such Hearing Notice from the City to Developer. The copy of the Notice of Breach or the Hearing Notice sent to the Secured Lender pursuant to this Section 12.1.3(a) shall be addressed to such Secured Lender at its address last furnished to the City. The period within which a Secured Lender may cure a particular Event of Monetary Default or Event of Non-Monetary Default shall not commence until three days after 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 Breach 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) twenty (20) 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 Project Site 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
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Packet Pg. 391 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 69 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 Project Site, 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 Project Site.
(b) Nothing in Section 12.1.4(a) is intended, nor should be construed or applied, to limit or restrict in any way the City’s authority to terminate this Agreement, as against any Secured Lender as well as against Developer if any curable Event of Monetary Default or an Event of Non-Monetary Default is not completely cured within the Secured Lender’s Cure Period.
ARTICLE 13
TRANSFERS AND ASSIGNMENTS
13.1 Transfers and Assignments.
13.1.1 Not Severable from Ownership Interest in Project Site. This Agreement shall not be severable from Developer’s interest in the Project Site and any transfer of the Project Site or any portion thereof, shall automatically operate to transfer the benefits and burdens of this Agreement with respect to the transferred Project Site or transferred portions, as applicable.
13.1.2 Transfer Rights. Developer may freely sell, ground lease, transfer, exchange, hypothecate, encumber or otherwise dispose of its interest in the Project Site (collectively referenced herein as “transfer”), without the consent of the City; provided, however, that prior to issuance of the first building permit for a Building, Developer shall record an Agreement to Hold Parcels as a Single Building Site in accordance with SMMC Section
9.21.030 in the customary form approved by the City Attorney against the Ocean Avenue Parcel and the Second Street Parcel. The Agreement to Hold Parcels as a Single Building Site shall ensure that the Project Site shall not be separately transferred until both (a) the Final Certificate of Occupancy is issued for the Project (or if the City issues a Final Certificate of Occupancy for a portion of the Project, Final Certificate of Occupancies have been issued covering all Buildings in the Project) and (b) a final parcel map or final subdivision map is obtained in accordance with SMMC Ch. 9.54 (Land Divisions), or successor thereto.
13.1.3 Future Subdivision. Developer may elect to proceed with a subdivision of the Project Site in accordance with SMMC Ch. 9.54 (Land Divisions), or successor thereto so long as no portion of the Project Site is separately transferred from another portion of the Project Site until after a Final Certificate of Occupancy is issued for the Project.
13.1.4 Transfer of Rights to the Project Site. The rights and obligations of the Developer and City under this Agreement apply to the entire Project Site upon transfer.
Developer shall, however, give written notice to the City, in accordance with Section 15.1, of any transfer of the Project Site, disclosing in such notice (a) the identity of the transferee of the
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Packet Pg. 392 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 70 Project Site (the “Property Transferee”) and (b) the address of the Property Transferee as applicable.
13.2 No Release Upon Transfer if Transferor Remains Owner. Upon the transfer of any rights and interests of Developer to the Project Site, all owners of any parcel on the Project Site shall be jointly and severally liable along with any and all Property Transferee(s). Upon the transfer of the entire Project Site which results in the transferor no longer having any ownership in any portion of the Project Site, then the transferor shall be released from its obligations under this Agreement once the executed Assumption Agreement is provided to the City in accordance with Section 13.3.
13.3 Assignment to Property Transferee. Prior to any transfer, Developer shall provide written notice of such transfer to City; and the Property Transferee shall execute and deliver to City a written agreement in which the Property Transferee expressly and unconditionally assumes all of the obligations jointly and severally with all other owners of the Project Site in the form of Exhibit "M" attached hereto (the “Assumption Agreement”). Upon transfer of the Project Site and the express assumption of Developer’s obligations under this Agreement by the Property Transferee, the City shall look to all owners of any parcel on the Project Site and/or any and all Property Transferees for compliance with the provisions of this Agreement. Any such Property 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 remain jointly and severally liable along with the new Property Transferee and any other owners of the Project Site unless and until the executed Assumption Agreement is delivered to the City.
ARTICLE 14
INDEMNITY TO CITY
14.1 Indemnity. Developer agrees to and shall defend, indemnify and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, volunteers and other representatives (collectively referred to as “City Indemnified Parties”) from and against any and all loss, liability, damages, cost, expense, claims, demands, suits, attorney’s fees and judgments (collectively referred to as “Damages”), including but not limited to claims for damage for personal injury (including death) and claims for property damage arising directly or indirectly from the following: (1) for any act or omission of Developer or 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 Project Site accessible to the public; and (3) any third party claims resulting from the City’s approval of the Pedestrian Mall, if such claims are asserted under the claims provisions of the Pedestrian Mall Law of 1960 (Streets and Highways Code sections 11000 et seq.). 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 negligence or willful
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Packet Pg. 393 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 71 misconduct of any City Indemnified Parties. This Section 14.1 applies to all Damages suffered or alleged to have been suffered by the City Indemnified Parties regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project.
14.2 City’s Right to Defense. The City shall have the right to approve legal counsel retained by Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right, at Developer’s cost and expense, (a) 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) certified mail, postage prepaid, return receipt requested. Such notice shall be addressed as follows:
To City:
City of Santa Monica
1685 Main Street, Room 204
Santa Monica, CA 90401
Attention: City Manager
With a copy to:
City of Santa Monica
1685 Main Street, Mail Stop 28
Santa Monica, CA 90401
Attn: Community Development Department Director
To Developer:
OCEAN AVENUE PARTNERS, LLC and BELLE VUE PLAZA
c/o Worthe Real Estate Group
100 Wilshire Boulevard, Suite 1600
Santa Monica, CA 90401
Attn: Jeff Worthe
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Packet Pg. 394 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 72 With a copy to:
Harding Larmore Kutcher & Kozal, LLP
1250 Sixth Street, Suite 200
Santa Monica, California 90401
Attn: Paula J. Larmore
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. Should any of the Conditions of Approval set forth in Section B of Exhibit “D” attached hereto conflict with any of the Mitigation Measures set forth in Section A of Exhibit “D” attached hereto, the more stringent or exacting requirement shall control.
15.3 Binding Effect. The Parties intend that the provisions of this Agreement shall constitute covenants which shall run with the land comprising the Project Site 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 in accordance with Article 13. Every Party who now or hereafter owns or acquires any right, title, or interest in or to any portion of the Project during the Term is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project.
15.4 Agreement Not for Benefit of Third Parties. This Agreement is made and entered into for the sole protection and benefit of Developer and the City and their respective successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
15.5 No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the City and Developer or to render either Party liable in any manner for the debts or obligations of the other.
15.6 Estoppel Certificates. Either Party and any Secured Lender may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing (each, an “Estoppel Certificate”): (a) that this Agreement is in full force and effect, (b) that this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (c) whether or not, to the knowledge of the responding Party, the requesting Party is in Breach or claimed Breach in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such Breach or
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Packet Pg. 395 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 73 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 SMMC Section 9.38.020(E), 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, nonperformance 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, pandemic, 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 injunctive relief, restraining orders, restrictions or moratoria by judicial decisions or by litigation, contesting the validity, or seeking the enforcement or clarification of, this Agreement or the EIR, 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, the EIR, the corresponding Mitigation Monitoring Program, the Project’s Statement of Overriding Considerations, or any permit or approval Developer deems necessary or desirable for the implementation of the Project;
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Packet Pg. 396 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 74 (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 or due to a global pandemic; (f) The occurrence of two or more quarters of Revenue per Average Room (“RevPAR”) declines of seven and one-half percent (7.5%) or more in the aggregate (versus the corresponding periods in the previous calendar year) in the STAR Report published by STR, Inc. for the competitive set (which, in addition to the Miramar, includes Viceroy, Shutters, Casa Del Mar, Loews, Le Merigot and Ritz-Carlton Marina del Rey) (“Severe Economic Shock”); and/or
(g) 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, pandemic, earthquakes, fires, casualties, acts of God, Severe Economic Shock or similar grounds beyond the control of 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, without regard to any choice of law provisions thereof.
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, the Environmental Impact Report for the Project, and/or any other City approvals contemplated by 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’
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Packet Pg. 397 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 75 fees on any appeal as well as any attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. Such attorneys’ fees shall be paid whether or not such action is prosecuted to judgment. In any case where this Agreement provides that the City or Developer is entitled to recover attorneys’ fees from the other, the Party so entitled to recover shall be entitled to an amount equal to the fair market value of services provided by attorneys employed by it as well as any attorneys’ fees actually paid by it to third Parties. The fair market value of the legal services for public attorneys shall be determined by utilizing the prevailing billing rates of comparable private attorneys.
15.12 Recordation. Parties shall cause this Agreement to be recorded against title to the Project Site in the Official Records of the County of Los Angeles in accordance with California Government Code Section 65868.5. The cost, if any, of recording this Agreement shall be borne by Developer.
15.13 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section 15.13. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof of this Agreement.
15.14 Construction of this Agreement. The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.
15.15 Other Governmental Approvals. Developer may apply for such other permits and approvals as may be required for development of the Project in accordance with this Agreement from other governmental or quasi-governmental agencies having jurisdiction over the Project Site including, without limitation, applying for issuance of a Coastal Development Permit(s) by the California Coastal Commission. The City shall reasonably cooperate with Developer in its endeavors to obtain such permits and approvals.
15.15.1 Further Assurances; Covenant to Sign Documents. Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, which may be necessary or proper to achieve the purposes and objectives of this Agreement.
15.15.2 Processing. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to all legal requirements, promptly initiate, diligently process, and complete at the earliest possible time all required steps, and expeditiously act upon any approvals and permits necessary for the development by Developer of the Project in accordance with this Agreement, including, but not limited to, the following:
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Packet Pg. 398 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 76 (a) the processing of applications for and issuing of all Discretionary Approvals requiring the exercise of judgment and deliberation by City; (b) the holding of any required public hearings; and
(c) the processing of applications for and issuing of all City Technical Permits requiring the determination of conformance with the Existing Regulations.
15.15.3 No Revocation. The City shall not revoke or subsequently disapprove any approval or future approval for the development of the Project or the Project Site once issued by the City provided that the development of the Project or the Project Site is in accordance with such approval. Any revocation or subsequent disapproval by the City shall state in writing the reasons why the development of the Project or the Project Site is not deemed to be in accordance with such approval 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 Project Site, the City shall not delay or stop the development, processing or construction of the Project Site, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or Developer of the initial petition or complaint challenging this Agreement or the Project, the Developer may apply to the Community Development Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement. The Community Development Director may approve such tolling, consistent with the standard in Section 15.27, for up to five years during the pendency of the litigation and shall provide Developer with notice of his or her decision on the tolling request within forty (40) days of receiving Developer’s request.
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 Jurisdiction and 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. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
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 Project Site
Exhibit “B” Project Plans
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Packet Pg. 399 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 77 Exhibit “C” SMMC Article 9 (Planning and Zoning)
Exhibit “D” Mitigation Measures and Conditions of Approval Exhibit “E-1” Conditions of Approval to Dispense Alcohol at Restaurants Exhibit “E-2” Hotel Conditions of Approval to Dispense Alcohol Exhibit “F” Bonded Scope of Preservation Work
Exhibit “G” Publicly-Accessible Open Space
Exhibit “H” Transportation Demand Management Plan
Exhibit “I-1” Local Hiring Program for Construction
Exhibit “I-2” Local Hiring for Permanent Employment
Exhibit “J” Construction Mitigation Plan
Exhibit “K” Permitted Fees and Exactions
Exhibit “L” Design Review Diagram
Exhibit “M” Form of Assignment and Assumption Agreement Exhibit “N” Form of First Court Alley License and Pedestrian Mall Maintenance Agreement
Exhibit “O” Form of Re-Routed First Court Alley Easement Agreement Exhibit “P” Form of Deed Restriction for Affordable Housing Units Except as to the Project Plans, 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 Project Site 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 Project Site, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record.
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Packet Pg. 400 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 78 15.21 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandum. The City Attorney shall be authorized, upon consultation with, and approval of, Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum or whether the requested clarification is of such character to constitute an amendment of this Agreement which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further action by the City Council.
15.22 Acknowledgments, Agreements and Assurance on the Part of Developer.
15.22.1 Developer’s Faithful Performance. The Parties acknowledge and agree that Developer’s faithful performance in developing the Project on the Project 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. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Project Site, and further acknowledges that the consideration is necessary to mitigate the direct and indirect impacts caused by Developer on the Project Site.
15.22.2 Obligations to be Non-Recourse. As a material element of this Agreement, and in partial consideration for Developer’s execution of this Agreement, the Parties each understand and agree that the City’s remedies for breach of the obligations of Developer under this Agreement shall be limited as described in Sections 11.2 through 11.4 above.
15.23 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.
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Packet Pg. 401 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 79 15.24 Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift or dedication of the Project Site, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property. Developer shall have the right to prevent or prohibit the use of the Project Site, or the Project, or any portion thereof, including common areas and building and improvements located thereon, by any person for any purpose inimical to the development of the Project, including without limitation to prevent any person or entity from obtaining or accruing any prescriptive or other right to use the Project Site or the Project. Any portion of the Project Site 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 Project Site that would deprive Developer of the material benefits of this Agreement or would materially and unreasonably interfere with the development of the Project as contemplated by this Agreement.
15.25 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 is hereby authorized to prepare, execute, and record those additional agreements.
15.26 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.
15.27 Community Development Director Approval. Whenever this Agreement requires Community Development Director review and approval, such review and approval shall be undertaken in good faith and with due diligence and shall not be unreasonably withheld, conditioned or delayed.
15.28 City Manager Approval. Whenever this Agreement requires City Manager review and approval, such review and approval shall not preclude the City Manager from consulting with the City Council before rendering an approval.
[The remainder of this page is intentionally left blank.]
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Packet Pg. 402 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) 80 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:
BELLE VUE PLAZA,
a California limited partnership
By: ________DRAFT_______________
Name: __________________________
Title: ___________________________
OCEAN AVENUE PARTNERS, LLC,
a Delaware limited liability company
By: ________DRAFT_______________
Name: __________________________
Title: ___________________________
CITY:
CITY OF SANTA MONICA,
a municipal corporation
By: ________DRAFT_______________
Name: ___________________________
Title: _____________________________
ATTEST:
By: ________DRAFT_______________
Name: ______________________________
City Clerk
APPROVED AS TO FORM:
By: ________DRAFT_______________
Name: ______________________________
City Attorney
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Packet Pg. 403 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “A”, Page 1
EXHIBIT “A”
LEGAL DESCRIPTION OF PROJECT SITE
Ocean Avenue Parcel
101 Santa Monica Boulevard:
LOTS M, N, O, AND P BLOCK 148 OR THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1327 Ocean Avenue:
LOT "S" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1333 Ocean Avenue:
LOT "R" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1337 Ocean Avenue:
LOT "Q" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Second Street Parcel
LOTS I, J, K, L, BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNT
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Packet Pg. 404 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “B”, Page
1 EXHIBIT “B”
PROJECT PLANS
[See separate PDF attachments.]
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Packet Pg. 405 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “C”, Page 1
EXHIBIT “C”
SMMC ARTICLE 9 (PLANNING AND ZONING)
[To come.]
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Packet Pg. 406 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “D”, Page 1
EXHIBIT “D”
MITIGATION MEASURES AND
CONDITIONS OF APPROVAL
SECTION A – MITIGATION MEASURES AND PROJECT DESIGN FEATURES PDF VIS-1: Outdoor Lighting. Outdoor lighting shall not produce obtrusive glare onto the public-right-of-way or adjacent properties, in accordance with Santa Monica Municipal Code (SMMC) Section 9.21.080.
PDF AQ-1: Demolition, Grading and Construction Activities.
1. Compliance with South Coast Air Quality Management District (SCAQMD) Rule 403. The proposed Project shall comply with all applicable standards of the SCAQMD, including the following provisions of Rule 403:
• All unpaved demolition and construction areas shall be wetted at least three times daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD Rule 403.
• The construction area shall be kept sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind.
• All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., instantaneous winds speeds greater than 25 miles per hour [mph]), so as to prevent excessive amounts of dust. As an alternative to discontinuing work, compliance with Rule 403, Table 3 control measures may be implemented in accordance with Rule 403 Section (g)(2).
• All dirt/soil loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust.
• All dirt/soil materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust. • General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.
• Trucks having no current hauling activity shall not idle and be turned off. • Ground cover in disturbed areas shall be replaced as quickly as possible.
2. Compliance with SCAQMD Rule 1113. The Project shall comply with all applicable standards of the SCAQMD, including Rule 1113, which establishes a maximum Volatile Organic Compound (VOC) emissions rate of 50 grams per liter (g/L) for exterior paints and finishes.
3. Anti-Idling Regulation. In accordance with Section 2485 in Title 13 of the California Code of Regulations, the idling of all diesel-fueled commercial vehicles (weighing over 10,000 pounds) during construction shall be limited to five minutes at any location.
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Packet Pg. 407 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “D”, Page 2
4. Construction Equipment. If used in connection with construction activities, the following types of equipment shall meet or exceed the U.S. Environmental Protection Agency (USEPA) Tier 4 emission standards:
• Tower cranes;
• Rubber-tired hydraulic cranes as required for specific lifts; • All-terrain rubber-tired forklift and material-handling equipment; • Concrete trucks and hydraulic boom pumps during foundation construction;
• Material deliveries (daily);
• Office trailers and storage containers;
• Light trucks;
• Miscellaneous small tools, compressors, mixers, generators, and portable welding machines; and
• Earthmoving equipment used during excavation.
PDF AQ-2: Emergency Generators. The proposed Project’s emergency generators shall meet the USEPA Tier 4 standard for diesel emissions.
PDF AQ-3: Electric Vehicle (EV) Charging. The proposed Project shall provide EV charging stations and stub outs within the subterranean parking garage pursuant to the requirements of the SMMC.
PDF EN-1: Solar Electric Photovoltaic (PV) System. The proposed Project shall provide a minimum PV solar system for the Project site of at least 2.0 watts/sf of building footprint (approx. 125-kilowatt PV system), pursuant to the requirements of the City of Santa Monica Green Building Code Solar Ordinance.
PDF GHG-1: Sustainable Design Features. The proposed Project will incorporate sustainable design features, which may include the following, or comparable, elements:
• Energy efficient HVAC systems;
• Operable windows;
• High-performance building envelope usage to maximize insulation; • Lighting systems designed with occupancy sensors and dimmers to minimize energy use;
• Water efficient equipment and plumbing infrastructure, including low-flow toilet fixtures in hotel and residences;
• Harvesting of stormwater for landscape irrigation; and • Low-water drought tolerant landscape plant palette.
PDF GHG-2: Construction Waste Management. The proposed Project will implement a construction waste management plan (WMP) to divert a minimum of 70 percent of all mixed construction and demolition (C&D) debris to City certified construction and demolition waste processors, pursuant to SMMC Article 8, Chapter 8.108.
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Packet Pg. 408 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “D”, Page 3
PDF GHG-3: Operational Waste Management. The proposed Project will include easily accessible recycling areas dedicated to the collection and storage of nonhazardous materials such as paper, corrugated cardboard, glass, plastics, metals, and landscaping debris (trimmings), consistent with the City’s Zero Waste Strategic Plan.
PDF HYD-1: Stormwater Pollution Prevention Plan (SWPPP). Prior to beginning any construction activities, the Applicant must obtain coverage under the NPDES General Construction Permit by preparing and submitting a Notice of Intent (NOI) and an adequate SWPPP, which shall include:
• Site description addressing the elements and characteristics specific to the site; • Descriptions of BMPs for erosion and sediment controls; • BMPs for construction waste handling and disposal;
• Implementation of approved local plans;
• Proposed post-construction controls, including a description of local postconstruction erosion and sediment control requirements; and • Non-stormwater management.
The SWPPP must also contain a visual monitoring program; a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the Clean Water Act Section 303(d) List for sediment.
PDF NOI-1: Pile Driving. Pile driving shall not be used for construction of the proposed Project.
PDF T-1: Transportation Demand Management (TDM) Plan. The Applicant shall prepare a TDM Plan that would include trip reduction strategies to reduce singleoccupancy vehicle trips and achieve a 2.2 Average Vehicle Ridership (AVR) target for employees at the Project Site and shall include, at a minimum, the following TDM strategies: unbundled parking, onsite bicycle facilities (i.e., shower, racks, and lockers), transit pass subsidies, and participation in a Transportation Management Association.
MM AQ-1: Super Compliant Coatings. To reduce VOC levels during the architectural coating phase, low VOC-emission paint shall be used with levels of 10 g/L or less (e.g., paints from the SCAQMD’s list of Super Compliant Architectural Coatings, such as Benjamin Moore Natural Odorless, Zero VOC Paint). The Applicant or construction contractor shall also utilize high-pressure low-volume (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent. The Applicant or construction contractor shall implement additional measures to reduce daily and quarterly VOC levels related to architectural coatings to the extent determined feasible by the City and APCD, such as extending coating applications by limiting daily coating activities. City staff shall ensure measures are depicted on all submitted building and construction plans submitted to City prior to the issuance of building permits. City building inspectors shall ensure compliance.
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Packet Pg. 409 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “D”, Page 4
MM CE-1: The Applicant shall prepare, implement and maintain a Construction Impact Mitigation Plan (CIMP) for review and approval prior to issuance of a building permit to address manage traffic during construction and shall be designed to:
• Prevent traffic impacts on the surrounding street network • Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable
• Ensure safety for both those constructing the proposed Project and the surrounding community
• Prevent substantial truck traffic through residential neighborhoods • Provide for coordination with the Metro regarding the Metro layover zone on 2nd Street regarding traffic controls.
• Provide for coordination with adjacent or nearby construction projects The CIMP shall be subject to review and approval by the following City departments: Public Works, Fire, Community Development, and Police to ensure that the Plan has been designed in accordance with this mitigation measure and meets City standards. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction • A detailed CIMP for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Strategic and Transportation Planning Division prior to commencement of construction and implemented in accordance with this approval.
• Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit.
• An Applicant-funded onsite monitor shall be present to ensure safety when Metro workers are in the immediate vicinity, or when more dangerous activities are occurring (e.g., raising of heavy equipment to roof levels). The CIMP shall identify the activities that would prompt the presence of an onsite monitor.
• Streets and equipment shall be cleaned in accordance with established Public Works Department requirements.
• Trucks shall only travel on a City-approved construction route. Truck queuing/staging shall not be allowed on City streets. Queuing may occur on the construction site itself to the extent there is space available on the construction site.
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Packet Pg. 410 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “D”, Page 5
• Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be onsite, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.
• Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City.
• A Caltrans transportation permit shall be obtained for any transportation of heavy construction equipment and/or materials on state highways. • Vehicles hauling dirt and sediment materials on- and off-site must cover said materials in plastic coverings to prevent unplanned spills.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction
• The Applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved CIMP). • The Applicant shall obtain a Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required, for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-ofway. • The Applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Metro, Police Department, Fire Department, Public Works Department, and Community Development Department), and all owners and residential and commercial tenants of property within a radius of 500 feet.
• The Applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to 2 weeks per each submittal. Coordination with Metro regarding construction activities that may impact Metro bus lines (e.g., Metro layover zone) or result in closures lasting over 6 months shall be initiated at least 30 days in advance of construction activities.
The Applicant shall obtain Mobility Division approval of any haul routes for earth, concrete, or construction materials and equipment hauling.
MM-CR-1: The Applicant shall implement and comply with all of the measures from the Historic Resources Technical Report – Ocean Avenue Project (2020) prepared by Ostashay & Associates Consulting (see Appendix E). These measures shall be formalized as a part of the Development Agreement Process, identified in all final site plans, and implementation shall be confirmed by the City prior to the issuance of any permit, demolition, abatement, grading/excavation, relocation, or rehabilitation work the two City-designated Landmark.
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Packet Pg. 411 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “D”, Page 6
1. Archival Recordation Documentation. Prior to the issuance of any permit, demolition, abatement, grading/excavation, relocation, or rehabilitation work the two City- designated Landmarks onsite, the Applicant shall have prepared recordation documents similar in format and content to an Historic American Buildings Survey (HABS) Level III recordation document.
2. Preparation of a Preservation-Protection Plan. The Applicant shall develop a Preservation-Protection Plan to support conformance with applicable The Secretary of the Interior’s Standards for the Treatment of Historic Properties.
At a minimum, a Preservation-Protection Plan shall be prepared for the two historic buildings and their associated character-defining features.
3. Historic Preservation Professional Oversight. Final site plans for the two City- designated Landmark buildings onsite shall be developed in coordination with a qualified historic preservation professional.
4. Santa Monica Landmarks Commission. The Applicant shall obtain a Certification of Appropriateness (or equivalent approval pursuant to the Development Agreement) issued by City Landmarks Commission.
5. Compliance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties. Any maintenance, repair, stabilization, rehabilitation, relocation, preservation, conservation, or reconstruction proposed for any exterior portion of the City-designated Landmark Buildings shall comply with The Secretary of the Interior’s Standards for the Treatment of Historic Properties.
6. California Historic Building Code Compliance. Where applicable, any work for code mitigations such egress, fire safety, railing heights, door widths, ADA accessibility, etc. shall utilize and follow the perspective code of the California Historical Building Code and the relevant guidelines specific in The Secretary of the Interior’s Standards for the Treatment of Historic Properties and NPS briefs, bulletins, references and guidelines.
7. Seismic Retro-Fit Plans and Reviews. Any and all seismic plans to stabilize and retro- fit the two City-designated Landmark buildings shall be prepared for the proposed Project and shall comply with the California Historical Building Code and the relevant guidelines specific in The Secretary of the Interior’s Standards for the Treatment of Historic Properties Standards and NPS briefs, bulletins, references and guidelines. Such plans shall be reviewed and approved by the historic preservation consultant for compliance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties prior to formal submittal to the City for review, plan check, and building and safety review.
8. Project Plans and Reviews. Any and all project plans, including but not limited to architectural, structural, mechanical, relocation, landscape plans shall be prepared by the Applicant and reviewed and approved by the qualified historic preservation professional for compliance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties prior to formal submittal to the City for design review, plan check and building and safety review.
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9. Historic Material Replacement. In compliance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties Standards, in cases where the project would replace a distinctive historic feature or material, the new feature shall match the old in design, type, color, texture, profile, material, and overall appearance. Consistent with The Secretary of the Interior’s Standards for the Treatment of Historic Properties, all such work shall be accurately reproduced based on historical, pictorial, and physical documentation and evidence. Such replacement of features shall be supported by investigations and studies conducted as part of the Preservation-Protection Plan prepared for this project.
10. Compatible New Construction. As the current site plans are considered conceptual and such plans have not yet been finalized, it is possible that final site plan could include elements that would result in a potentially significant impact to the historic resources onsite. Therefore, for any new construction proposed, the historic preservation consultant shall consult with the Applicant team during the entire design process to insure that the new permanent built forms are compatible with the historic qualities and characteristics of the historic buildings located within and adjacent to the Project site.
11. Relocation/Construction Monitoring. The Preservation-Protection Plan requires the Applicant to retain a qualified historic preservation professional with at least 7 years of relevant experience who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, and/or Architecture pursuant to 36 CFR Part 61, to provide guidance and oversight for the preservation, relocation, and rehabilitation of the two City-designated Landmark buildings onsite. Once the project has been approved and entitled, the historic preservation professional shall conduct onsite construction monitoring during the relocation, demolition, excavation, and construction phases of the project.
12. Vibration Impact Measures and Monitoring Assessments. in coordination with the City and qualified historic preservation professional the Applicant shall assure avoidance of vibration impacts to such resources and their associated character- defining features, as identified in the Preservation-Protection Plan, by preparing a pre-construction vibration survey report and post-construction damage assessment survey report. These reports shall be prepared by a qualified structural engineer with qualifications in completed historic preservation projects that conformed to The Secretary of the Interior’s Standards for the Treatment of Historic Properties. These reports shall be submitted to the City for review and approval prior to initiating any type of construction work activity onsite (pre-construction vibration survey report) and upon completion of such work (post-construction damage assessment survey report).
13. Shoring Impact Prevention. To ensure the protection of the onsite historic resources during shoring and excavation, the Preservation-Protection Plan shall describe the methodology for stabilizing and disconnecting both City Landmarks from their existing foundations, placing them on temporary support structures, and transferring them to a safe location on the Project site
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such as the 101 Santa Monica Boulevard property before excavation is commenced. After the two Landmarks are placed on their permanent foundations, excavation would occur under and around them for construction of the basement level of the Cultural Uses Campus and subterranean parking.
This aspect of the Preservation-Protection Plan shall reference guidance from the publication of the National Park Service by John Obed Curtis entitled, Moving Historic Buildings. The Preservation-Protection Plan shall describe protective measures and monitoring that would be taken to anticipate and prevent increased dust, vibration, and fire risk to the two Landmark buildings consistent with “Temporary Protection, Tech Note No. 3, Protecting a Historic Structure during Adjacent Construction,” published by the Technical Preservation Services, National Park Service. The Preservation-Protection Plan shall also include a construction employee training program that emphasizes protection of historic resources for all construction workers involved.
14. Unanticipated Discoveries. The Applicant should be aware of the possible encounter of unanticipated discoveries on site upon implementation of the proposed Project, particularly during excavation, grading, demolition, and relocation activities. In the event that any unusual or distinctive architectural features associated with the design or use of the Landmark buildings are encountered during site preparation, grading, demolition, excavation, relocation, or construction activities around the two sites work shall be immediately stopped and relocated from that area until it can be assessed by the City or qualified onsite historic preservation consultant. Such features, if determined to be important character-defining features of either building, it shall be assessed, possibly salvaged, and reused in the project as directed by the preservation consultant in coordination with the Applicant and City staff.
15. Interpretive Educational Program. To assist the public in understanding the historical, cultural, and architectural significance of the City-designated Landmarks commemorative interpretive signage, displays, and/or plaques shall be created and incorporated into the Project site, particular as part of the Cultural Use Campus. The displays, signage, plaques and exhibits created for the site may incorporate salvaged “period appropriate” items from the historic buildings and any historical information, photographs, postcards, plans and illustrations, maps and brochures, etc. of the buildings, Ocean Avenue, the downtown commercial area in a creative medium accessible or visible to the public. The Applicant, in coordination with the historic preservation professional shall prepare a technical memorandum detailing the historic interpretive program (exhibits) requirements, conceptual design and content, and implementation schedule. This memorandum shall be reviewed by the City Landmarks Commission staff liaison, the Landmarks Commission and other interested parties, and shall be prepared to the satisfaction of the City of Santa Monica. The Applicant shall submit quarterly reports (i.e. January, April, July, and October) prepared by the historic preservation professional to the City Landmarks Commission staff liaison documenting the progress of the historic interpretive project (exhibits) implementation plan.
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MM CR-2: Archaeological Construction Monitoring. Archaeological monitoring shall be conducted by a qualified professional archaeologist familiar with the types of prehistoric and historic-period archaeological resources that could be encountered within the Project site. All grading, excavation, trenching, and site preparation including vegetation removal between 2 and 6 feet bgs and existing fill soils shall be monitored. A monitoring program shall be developed and implemented prior to the commencement of construction activities to ensure the effectiveness of monitoring.
DCP MM CR-3a: Archaeological Data Recovery: For projects that inadvertently discovered buried prehistoric or historic-period archaeological resources the City shall apply a program that combines resource identification, significance evaluation, and mitigation efforts into a single combined effort. This approach would combine the discovery of deposits (Phase 1), determination of significance and assessment of the project’s impacts on those resources (Phase 2), and implementation of any necessary mitigation (Phase 3) into a single consolidated investigation. This approach must be driven by a Treatment Plan that sets forth explicit criteria for evaluating the significance of resources discovered during construction and identifies appropriate data recovery methods and procedures to mitigate project effects on significant resources. The Treatment Plan shall be prepared prior to issuance of building permits by a Registered Professional Archaeologist (RPA) who is familiar with urban historical resources, and at a minimum shall include:
• A review of historic maps, photographs, and other pertinent documents to predict the locations of former buildings, structures, and other historical features and sensitive locations within and adjacent to the specific development area;
• A context for evaluating resources that may be encountered during construction;
• A research design outlining important prehistoric and historic-period themes and research questions relevant to the known or anticipated sites in the study area;
• Specific and well-defined criteria for evaluating the significance of discovered remains; and
• Data requirements and the appropriate field and laboratory methods and procedures to be used to treat the effects of the project on significant resources.
The Treatment Plan shall also provide for a final technical report on all cultural resource studies and for curation of artifacts and other recovered remains at a qualified curation facility, to be funded by the developer. To ensure compliance with City and State preservation laws, this plan shall be reviewed and approved by the Historic Landmarks Commission and the City of Santa Monica Planning Division prior to issuance of building permits.
DCP MM CR-3b: Inadvertent Discoveries: In the event of any inadvertently discovered prehistoric or historic-period archaeological resources during construction, the developer shall immediately cease all work within 50 feet of the discovery. The
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proponent shall immediately notify the City of Santa Monica Planning and Community Development Department and shall retain a Registered Professional Archaeologist (RPA) to evaluate the significance of the discovery prior to resuming any activities that could impact the site. If the archaeologist determines that the find may qualify for listing in the California Register, the site shall be avoided, or a data recovery plan shall be developed pursuant to MM CR-3a. Any required testing or data recovery shall be directed by a RPA prior to construction being resumed in the affected area. Work shall not resume until authorization is received from the City.
DCP MM CR-4a: Paleontological Monitoring. Construction activities involving excavation or other soil disturbance to a depth greater than 6 feet within Downtown shall be required to retain a qualified Paleontological Monitor as defined by the Society for Vertebrate Paleontology (SVP) (2010) equipped with necessary tools and supplies to monitor all excavation, trenching, or other ground disturbance in excess of 6 feet deep. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. In the event that a paleontological resource is discovered, the monitor will have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and collected if necessary.
The Paleontological Monitor will periodically assess monitoring results in consultation with the Principal Paleontologist. If no (or few) significant fossils have been exposed, the Principal Paleontologist may determine that full-time monitoring is no longer necessary, and periodic spot checks or no further monitoring may be recommended. The City shall review and approve all such recommendations prior to their adoption and implementation.
DCP MM CR-4b: Inadvertent Discovery of Fossils. If fossils are discovered during excavation, the Paleontological Monitor will make a preliminary taxonomic identification using comparative manuals. The Principal Paleontologist or his/her designated representative then will inspect the discovery, determine whether further action is required, and recommend measures for further evaluation, fossil collection, or protection of the resource in place, as appropriate. Any subsequent work will be completed as quickly as possible to avoid damage to the fossils and delays in construction schedules. If the fossils are determined to be significant under CEQA, but can be avoided and no further impacts will occur, the fossils and locality will be documented in the appropriate paleontological resource records and no further effort will be required. At a minimum, the paleontological staff will assign a unique field number to each specimen identified; photograph the specimen and its geographic and stratigraphic context along with a scale near the specimen and its field number clearly visible in close-ups; record the location using a GPS with accuracy greater than 1 foot horizontally and vertically (if such equipment is not available at the site, use horizontal measurements and bearing[s] to nearby permanent features or accurately surveyed benchmarks, and vertical measurements by sighting level to point[s] of known elevation); record the field number and associated specimen data (identification by taxon and element, etc.)
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and corresponding geologic and geographic site data (location, elevation, etc.) in the field notes and in a daily monitoring report; stabilize and prepare all fossils for identification, and identify to lowest taxonomic level possible by paleontologists, qualified and experienced in the identification of that group of fossils; record on the outside of the container or bag the specimen number and taxonomic identification, if known. Breathable fabric bags will be used in packaging to avoid black mold.
Upon completion of fieldwork, all significant fossils collected will be prepared in a properly equipped paleontology laboratory to a point ready for curation.
Preparation will include the careful removal of excess matrix from fossil materials and stabilizing and repairing specimens, as necessary. Following laboratory work, all fossils specimens will be identified to the lowest taxonomic level, cataloged, analyzed, and delivered to an accredited museum repository for permanent curation and storage. The cost of curation is assessed by the repository and is the responsibility of the Project proponent.
At the conclusion of laboratory work and museum curation, a final report shall be prepared describing the results of the paleontological mitigation monitoring efforts associated with the Project. The report will include a summary of the field and laboratory methods, an overview of the Project area geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. If the monitoring efforts produced fossils, then a copy of the report will also be submitted to the designated museum repository.
DCP MM HAZ-2a.a: Asbestos-Containing Materials (ACM), Lead-Based Paints (LBP), polychlorinated biphenyls (PCBs), and Molds. Prior to any the issuance of a demolition permit, the Applicant shall conduct a comprehensive survey of ACM, LBP, PCBs, and molds. If such hazardous materials are found to be present, the applicant shall follow all applicable local, state and Federal codes and regulations, as well as applicable best management practices, related to the treatment, handling, and disposal of ACM, LBP, PCBs, and molds to ensure public safety.
DCP MM HAZ-2a.b: Potential Onsite Hazardous Materials or Conditions. A visual survey and reconnaissance-level investigation of the existing site shall be conducted to determine if there are any structures or features within or near the buildings that are used to store, contain, or dispose of hazardous materials. For any development within the Downtown area that has not been subject to a Phase I ESA or successful remediation efforts in the past, a Phase I ESA shall be performed to determine the likelihood of contaminants in areas beyond what has already been assessed in accordance with ASTM E 1527-05 as may be amended. If the Phase I ESA finds that contaminated soil is suspected to be present within any building excavation footprint or open space area, the Applicant shall perform soil sampling and analysis to determine the extent of contamination. If contaminants are detected in soil at or above regulatory levels, then the results of the soil sampling shall be reviewed and acted upon by the SMFD or the Planning Department and other regional or state regulatory agencies as needed.
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DCP MM HAZ-2c: Discovery of Contamination. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction at a development site, construction activities in the immediate vicinity of the contamination shall cease immediately. A qualified environmental specialist (e.g., a licensed Professional Geologist [PG], a licensed Professional Engineer [PE] or similarly qualified individual) shall conduct an investigation to identify and determine the level of soil and/or groundwater contamination. If contamination is encountered, a Human Health Risk Management Plan shall be prepared and implemented that: (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development; and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, postdevelopment maintenance or access limitations, or some combination thereof.
Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., SMFD). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area.
DCP MM HAZ-2d: Soils Management Plan: For project sites with onsite soil contamination, prior to approval of the first grading plan or issuance of the first demolition permit, whichever occurs first, the project Applicant shall submit a soils management plan and a transportation plan to the appropriate cleanup agency (e.g., Los Angeles RWQCB, DTSC, SMFD) for review and approval. The soils management plan and transportation plan shall include the following tasks.
Soils Management Plan
Affected soils shall be either directly loaded into awaiting trucks for immediate offsite disposal or temporarily stockpiled on plastic sheeting prior to load-out and offsite disposal. If temporarily stockpiled, soil removed from the excavations shall be placed next to or as close as possible to the excavation from which it came.
Prior to load-out, the construction contractor shall prepare waste profiles and example waste manifests for approval by the receiving facilities. Soil and material segregation, stockpile handling, truck loading, and storm water management practices shall be followed during the remedial action according to the following.
Soil and Material Segregation
Overburden soils shall be screened with an organic vapor analyzer (OVA) in accordance with SCAQMD Rule 1166. Any significant quantities of construction debris encountered during excavation shall be segregated and disposed of in accordance with Federal, State, and local regulations. Soil cuttings during the installation of soldier piles shall be disposed of offsite with any affected soils from the deep excavation.
Stockpile Management
• The stockpiled soils for load-out shall be segregated by waste classification:
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• Nonhazardous waste.
• VOC-contaminated nonhazardous waste with OVA readings greater than 50 parts per million (ppm) but less than 1,000 ppm.
• VOC-contaminated nonhazardous waste with OVA readings of 1,000 ppm or greater. These soils shall be immediately sprayed with water or suppressant and placed in a sealed container (roll-off bin) or directly loaded into a suitable transport truck, moistened with water, and covered with a tarp for offsite transportation to the appropriate disposal facility, as specified in the SCAQMD Rule 1166 Mitigation Plan.
The temporary stockpiles containing affected soils shall be managed as follows:
• The temporary stockpiles for non-VOC contaminants shall be placed on plastic sheeting and kept moist during working hours and covered with plastic sheeting at the end of the day to control dust.
• The VOC-contaminated stockpiles shall be placed on plastic sheeting and immediately covered with plastic sheeting. The edges of the plastic shall have an overlap of at least 24 inches. The plastic shall be secured at the base of the stockpile and along the seams of overlapping plastic sheeting with sandbags or equivalent means. The stockpiles shall remain covered until load-out. • Daily inspections of the stockpiles shall be conducted to verify the integrity of the stockpile covers. Any gaps, tears, or other deficiencies shall be corrected immediately. Daily records shall be kept of stockpile inspections and any repairs made.
• If necessary, commercial vapor suppressants and sealants shall be prepared and applied to VOC-contaminated soil in accordance with the manufacturer’s recommendations.
• During stockpile generation and removal, only the working face of the stockpile shall be uncovered.
Decontamination Methods and Procedures
Each piece of equipment used for the excavation of affected soils shall have a clean-out bucket or continuous edge across the cutting face of its bucket. No excavation of affected soil shall be permitted with equipment utilizing teeth across the cutting edge of its bucket.
Entry to the contaminated areas (i.e., work exclusion zones) shall be limited to avoid unnecessary exposure and related transfer of contaminants. In unavoidable circumstances, any equipment or truck(s) that come into direct contact with affected soil shall be decontaminated to prevent the onsite and offsite distribution of contaminated soil. The decontamination shall be conducted within a designated area by brushing off equipment surfaces onto plastic sheeting. Trucks shall be visually inspected before leaving the site, and any dirt adhering to the exterior surfaces shall be brushed off and collected on plastic sheeting. The storage bins or beds of the trucks shall be inspected to ensure the loads are properly covered and secured. Excavation equipment surfaces shall also be brushed off prior to removing the equipment from contaminated areas.
Movement of affected soils from the excavation area to temporary stockpiles shall be conducted using enclosed transfer trucks, if possible. If affected soils must be moved within an open receptacle (e.g., loader bucket), the travel path for the
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loader shall be scraped following this activity, with scraped soils placed in the temporary stockpile for load-out.
Sampling equipment that comes into direct contact with potentially contaminated soil or water shall be decontaminated to assure the quality of samples collected and/or to avoid cross-contamination. Disposable sampling equipment intended for one-time use shall not be decontaminated, but shall be packaged for appropriate offsite disposal.
Decontamination shall occur prior to and after each designated use of a piece of sampling equipment, using the following procedures:
• Non-phosphate detergent and tap-water wash, using a brush if necessary. • Tap-water rinse.
• Initial deionized/distilled water rinse.
• Final deionized/distilled water rinse.
Truck Loading
Trucks may be loaded directly from the excavation or temporary stockpile based on truck availability and excavation logistics. Trucks shall be routed, and stockpile areas shall be located so as to avoid having trucks pass through impacted areas. The truckloads shall be wetted and tarped prior to exiting the site.
All soil hauled from the site shall comply with the following:
• Materials shall be transported to an approved treatment/disposal facility. • No excavated material shall extend above the sides or rear of the truck/trailer. • Trucks/trailers carrying affected soils shall be completely tarped/covered to prevent particulate emissions to the atmosphere. Prior to covering/tarping, the surface of the loaded soil shall be moistened.
• The exterior of the trucks/trailers shall be cleaned off prior to leaving the site to eliminate tracking of material offsite.
Storm Water Management
The good housekeeping practices prescribed in the City’s Urban Runoff Mitigation Plan (SMMC Section 7.10.060) shall be implemented during soil excavation activities to contain and control storm water runoff that might convey contaminated or excessive sediments. If rainfall is expected, the areas around open excavations shall be graded and bermed to prevent storm water from flowing into the excavation. Any standing water that collects in the bottom of the excavations shall be removed and handled in accordance with Federal, State, and local regulations. The water shall be sampled and analyzed either as standing water in the excavation or following containment in a temporary above-ground storage tank. Depending on the volume of water and the sampling results, options for handling the standing water could include:
• Pumping the standing water into temporary above-ground storage tanks for reuse onsite for dust suppression.
• Pumping the standing water through filters and a carbon adsorption filter (if required based on analytical results) prior to discharge to a storm drain, subject to approval by the City of Santa Monica Water Resources Protection Programs Division.
• Pumping the standing water into vacuum trucks for transport and disposal at a recycling facility.
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Transportation Plan
All affected soils shall be transported offsite for lawful management and disposal.
Prior to load-out, the construction contractor shall prepare waste profiles for the receiving facility using analytical data from the previous environmental site assessment.
MM NOI-1: Construction Noise Management Plan. A Construction Noise Management Plan shall be prepared by the applicant and approved by the City. The Plan would address noise and vibration impacts and outline measures that would be used to reduce impacts. Measures would include:
• To the extent that they exceed the applicable construction noise limits, excavation, foundation-laying, and conditioning activities shall be restricted to between the hours of 10:00 a.m. and 3:00 p.m., Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code. • The Applicant’s construction contracts shall require implementation of the following construction best management practices (BMPs) by all construction contractors and subcontractors working in or around the project sites to reduce construction noise levels:
o The Applicant and its contractors and subcontractors shall ensure that construction equipment is properly muffled according to manufactures specifications or as required by the City’s Department of Building and Safety, whichever is the more stringent.
o The Applicant and its contractors and subcontractors shall place noisegenerating construction equipment and locate construction staging areas away from sensitive uses, where feasible, to the satisfaction of the Department of Building and Safety.
o The Applicant and its contractors and subcontractors shall implement noise attenuation measures which may include, but are not limited to, noise barriers or noise blankets to the satisfaction of the City’s Department of Building and Safety.
• The Applicant’s contracts with its construction contractors and subcontractors shall include the requirement that construction staging areas, construction worker parking and the operation of earthmoving equipment within the Project site, are located as far away from vibration- and noise-sensitive sites as possible. Contract provisions incorporating the above requirements shall be included as part of the Project’s construction documents, which shall be reviewed and approved by the City.
The Applicant shall require by contract specifications that heavily loaded trucks used during construction shall be routed away from residential streets to the extent possible. Contract specifications shall be included in the proposed Project’s construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
MM NOI-2: To reduce the potential for construction-related vibration effects to structures, prior to the issuance of a building permit, the Applicant shall perform an inventory of the structural condition of the onsite City-designated Landmarks at
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1333 Ocean Avenue and 1337 Ocean Avenue as well as the offsite Citydesignated Landmark at 1323 Ocean Avenue. Based on a survey of the building’s structural condition, a vibration specialist will determine the appropriate Caltrans vibration structural damage potential criteria, and for each piece of equipment, assess a standoff distance from the building. The construction contractor(s) shall restrict the use of vibration-generating equipment, within the minimum applicable standoff distances to not exceed the building’s applicable structural damage criteria. If the vibration- generating construction equipment is required to be used within these minimum applicable distances, the construction contractor(s) shall implement one of the following measures:
a. Restrict the use of large bulldozers and other similarly large vibrationgenerating equipment, so that the vibration-generating portion of the equipment (i.e., the motor, engine, power plant, or similar) remains at the minimum standoff distances unless it can be demonstrated to the satisfaction of the City based on
in-situ measurements (prior to initiation of full-scale construction activities) that vibration levels can be kept below the applicable structural damage potential criteria, as determined by the vibration specialist, through any combination of revised setbacks, alternative equipment and methods, alternative sequencing of activities, or other vibration-reducing techniques. b. Install and maintain at least one continuously operational automated vibrational monitor on the side of the building facing the construction activity and capable of being programmed with two predetermined vibratory velocities levels: a first- level alarm equivalent to 0.05 in/sec PPV less than the appropriate Caltrans vibration structural damage potential criteria and a regulatory alarm level equivalent to the Caltrans vibration structural damage potential criteria. The monitoring system must produce real-time specific alarms (via text message and/or email to onsite personnel) when velocities exceed either of the predetermined levels. In the event of a first-level alarm, feasible steps to reduce vibratory levels shall be undertaken, including but not limited to halting/staggering concurrent activities and utilizing lowervibratory techniques. In the event of an exceedance of the regulatory level, work in the vicinity of the affected building shall be halted and the building visually inspected for damage. Results of the inspection must be logged. In the event damage occurs, such damage shall be repaired. For the offsite Gussie Moran House and onsite historic City-designated Landmarks at 1333 Ocean Avenue and 1337 Ocean Avenue, and the offsite City- designated Landmark at 1323 Ocean Avenue such repairs shall be conducted in consultation with a qualified preservation consultant and, if warranted, in a manner that meets the Secretary of the Interior’s Standards. For the offsite Gussie Moran House, the contractor may also locate the vibration monitors on or near the Project Site if access to the offsite Gussie Moran House is restricted, in which case the first level and regulatory alarm shall be adjusted to an equivalent level accounting for the vibration attenuation rate based on the distance to the offsite building.
The Project Applicant shall use good faith efforts to secure the voluntary
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cooperation of the owner of the Gussie Moran House in allowing the Project Applicant to comply with the requirements of this mitigation measure.
MM TCR-1: Native American Construction Monitoring Prior to issuance of demolition permit, a Native American tribal monitor from the Gabrieleño Band of Mission Indians – Kizh Nation shall be retained by the Applicant. The appropriate Native American monitor shall be selected based on consultation under AB 52 and shall be identified on the most recent contact list provided by the Native American Heritage Commission. The Native American monitor shall be present during construction excavations such as clearing/grubbing, grading, trenching, or any other construction excavation activity associated with the project. The frequency of monitoring shall consider the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (e.g., younger alluvium versus older alluvium), and the depth of excavation, and if found, the abundance and type of prehistoric archaeological resources encountered. Full-time field observation shall be reduced to part- time inspections or ceased entirely if determined appropriate by the Gabrieleño Band of Mission Indians – Kizh Nation.
MM WW-1: Sewer Study and Monitoring. Prior to the issuance of the first building permit, the applicant shall submit a sewer study to the City's Water Resources Manager that shows that the City's sewer system can accommodate the entire development (i.e., would not result in d/D over 0.5). 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 on 2nd Street and Ocean Avenue (between Santa Monica Boulevard and Broadway) to the satisfaction of the Water Resources Manager.
Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer.
DCP MM U-1 Fair Share Contribution: If a City Sewer Master Plan is completed prior to the issuance of the last building permit for the project, the project applicant shall provide a fair share contribution (based the methodology set forth by the City’s Sewer Master Plan) to the City’s Capital Improvements Program or any Public Infrastructure Financing Program (PIFP) required to upgrade sewer service to the site (i.e., Ocean/ Main corridor). A security shall be provided or a payment agreement executed prior to issuance of the last building permit for the project.
DCP MM PS-1: The City shall require applicants of development projects with buildings that are seven stories and higher in the Downtown to prepare a high-rise pre-fire plan.
At a minimum, the pre-fire plan shall address the types and capabilities of fire protection systems, the layout of the building, locations of stairwells and elevators, and how evacuation will be handled. A copy of the plan shall be kept in the fire control room and a copy shall be filed with the SMFD fire marshal. The plan shall be revised every 5 years.
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DCP MM PS-2: The City shall require applicants of development projects over a specifies square footage in the Downtown to prepare and implement a security plan for common or public spaces, including parking structures/lots, courtyards, other open areas, public or common area walkways stairways and elevators as a condition of their development agreement. The security plan will identify the locations of 911-capable phones in parking garages and other public area, will establish rules and regulations for public use of the courtyard areas, and establish private security patrols for the property. Private security patrols shall work in coordination with the SMPD. The plan shall be subject to review and approval by the SMPD.
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SECTION B – 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. During construction of the Project, Developer will use industry standard methods to monitor the effects of the construction on Palisades Park.
3. During Design Review, the ARB and/or Landmarks Commission, as applicable, shall pay particular attention to any proposed highly reflective materials on the Project’s façade to avoid obtrusive glare onto the public-right-of-way or adjacent properties.
CITY PLANNING
Administrative Conditions
4. In the event Developer violates or fails to comply with any conditions of approval of this Agreement, 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 July 14, 2022, 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 the Development Agreement, including these conditions of approval.
6. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to review as provided in the Development Agreement. Construction shall be in conformance with the plans submitted or as modified in accordance with the Development Agreement.
7. Except as otherwise provided by the Development Agreement, project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of the Downtown Community Plan, 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. In accordance with Section 2.7.7 of the Development Agreement, 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.
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Project Operations
9. 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.
10. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12 or any successor thereto).
Final Design
11. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to Design Review in Article 6 of the Development Agreement.
12. Landscaping plans shall comply with Chapter 9.26 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Chapter.
13. 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. During Design Review, the Landmarks Commission and/or ARB, as applicable, 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 Landmarks Commission or ARB, 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.
14. No gas or electric meters shall be located within the required Building Frontage Line setback areas. During Design Review pursuant to Article 6 of the Development Agreement, the Landmarks Commission and/or ARB, as applicable, shall pay particular attention to the location and screening of such meters.
15. As appropriate and if consistent with the Secretary of the Interior’s Standards, the Landmarks Commission and/or ARB, as applicable, shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.
Construction Plan Requirements
16. 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
17. 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
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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.
18. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.
Construction Period
19. There shall be no construction activities that require opening, closing, or blocking of streets, sidewalks, alleys, or street parking in retail areas of the City over the holiday season that runs from the day before Thanksgiving through January 2nd. Exemptions are allowed for emergencies and special conditions authorized in advance by the Director of Public Works. The following areas are affected by this condition: Downtown (Wilshire to the 10 Freeway and Lincoln to Ocean Avenue); Main Street (Pico to the Southerly City limit); Montana Avenue (6th Court to 17th Street); Pico Boulevard (from the Ocean to the Easterly City limit at Centinela).
Standard Conditions
20. 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.
21. 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.
22. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.
Condition Monitoring
23. 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.
MOBILITY DIVISION
24. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Mobility Division and Building and Safety Division:
http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation_Manag ement/ParkingStandards.pdf
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25. Where a driveway, garage, parking space or loading zone intersects with the public rightof-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
26. 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 Mobility Division Manager but shall not exceed a twenty percent slope. Please reference the following standards:
http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation_Manag ement/RampSlope.pdf
27. Bicycle parking provided in the Project shall meet the requirements of SMMC Section
9.28.140.
BIG BLUE BUS
28. 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.
29. 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
30. 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.
31. 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
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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.
32. 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
33. Developer shall enroll the property in the Savings By Design incentive program where available through Southern California Edison prior to submittal of plans for Design Review. Developer shall execute an incentive agreement with Southern California Edison prior to the issuance of a building permit.
34. The project shall comply with requirements in Chapter 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 Chapter 8.108 of the Santa Monica Municipal Code.
RENT CONTROL
35. Consistent with Agreement Section 2.7.1 and 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 Rent Control Charter Amendment 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
36. 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 in accordance with Agreement Section 2.7.1.
PUBLIC WORKS
General Conditions
39. Developer shall be responsible for the payment of the following applicable 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
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f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two.
Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan.
40. Developer shall comply with the Construction Mitigation Plan set forth in Exhibit “J” 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. Prior to approval an offsite improvement permit by the City’s Public Works Department, the City Engineer shall review final design plans (including the final excavation plans and potential impacts on the water main and sewer mains in First Court Alley) and shall confirm in his or her sole discretion whether the design plans and their impact on the water/sewer mains would reasonably require replacement by the Developer. If such replacement is required, it shall be completed prior to issuance of a Certificate of Occupancy for the Project. Prior to ground disturbance, all proposed work associated with the sewer/water connections and/or new sewer/water main(s) would be subject to review and approval by the City Department of Public Works.
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.
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45. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.
Water Resources
46. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works.
47. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City 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
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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 drainpipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters.
53. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.
54. The fire services and domestic services 3-inches or greater must be above ground (or first basement level, if acceptable to Developer), 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 2.7.10 of this Agreement, plumbing fixtures that meet the standards for 20% water use reduction specified in the 2019 California Green Building Standards Code are required on all new development and remodeling where plumbing is to be added.
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 Design Review, 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;
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c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;
d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties;
e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site.
g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD.
59. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks 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.
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
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placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements.
65. Prior to the issuance of a Certificate of Occupancy for the Project, provide new streetpedestrian 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. Refuse and recycling storage and staging areas shall be provided in accordance with Development Agreement Section 2.10(g). Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure.
69. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi-family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include:
a. List of materials such as white paper, computer paper, metal cans, and glass to be recycled;
b. Location of recycling bins;
c. Designated recycling coordinator;
d. Nature and extent of internal and external pick-up service; e. Pick-up schedule; and
f. Plan to inform tenants/ occupants of service.
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Miscellaneous
70. 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.
71. 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
72. The Project shall comply with the Fire Code and Building Code in effect at the time the Project’s building permit plan check application is filed.
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Packet Pg. 435 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-1”, Page 2
EXHIBIT “E-1”
CONDITIONS OF APPROVAL TO DISPENSE ALCOHOL AT RESTAURANTS In any areas designated for restaurant space on the Project Plans and any outdoor dining areas associated with such spaces, a restaurant operator (which may be Developer) may dispense for sale or other consideration alcoholic beverages on the following terms and conditions:
1. This approval is for a Type 47 (On Sale General — Eating Place) alcohol license only.
Any request to modify the license type shall require a separate conditional use permit or a Development Agreement amendment pursuant to Section 2.4.3 (Major Modifications).
2. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. Sunday through Wednesday with complete closure and all restaurant employees vacated from the restaurant by 1:00 a.m., and 8:00 a.m. to 1:00 a.m. Thursday through Saturday with complete closure and all restaurant employees vacated from the restaurant by 2:00 a.m.
All alcoholic beverages must be removed from any outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted. Any after-hours operations or special events shall be subject to review and approval of a temporary use permit.
3. No video or other amusement games shall be permitted in the restaurant.
4. If a counter service area is provided, 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.
5. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
6. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The restaurant shall serve food to patrons during all hours the restaurant is open for customers.
7. The restaurant shall maintain a kitchen or food-serving area in which a variety of food is prepared.
8. Sale of alcoholic beverages for consumption beyond the restaurant premises shall be permitted if authorized by the restaurants’ California Alcoholic Beverage Control (“ABC”) license.
9. Entertainment may only be permitted in the manner set forth in SMMC Section 9.31.290, Restaurants with Entertainment.
10. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served.
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11. The restaurant operations shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities, or other actions. The operator of the restaurant shall control noisy patrons leaving the restaurant premises.
12. 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.
For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer. All food items shall be available from the restaurant’s full service menu.
13. No organized queuing of patrons at the entry or checking of identification to control entry into and within the restaurant premises shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant premises.
14. 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 beverage at the restaurant premises.
15. Areas of the restaurant premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code.
16. Prior to commencement of alcohol service in the restaurant premises, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
17. Concurrently with filing an application with the State ABC, the restaurant operator shall provide a signed copy of this Exhibit “E-1” to the local office of the State Alcoholic Beverage Control department (“ABC”).
18. Prior to commencement of alcohol service in the restaurant premises, the restaurant operator shall submit a plan for approval by the Community Development Director regarding restaurant 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 90 days of the effective date of the exemption determination. In the case of new restaurant employees, the plan shall require all such new restaurant employees to attend an ABC-sponsored alcohol awareness training program within 90 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 Director. The restaurant operator shall provide the City with an annual report regarding compliance with this condition within 60 days of receiving a written
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request from the City. The restaurant shall be subject to any future City-wide alcohol awareness training program condition affecting similar establishments.
19. Prior to commencement of alcohol service pursuant to this Exhibit “E-1”, the restaurant shall also submit a plan describing the restaurant's program to discourage patrons from drinking and driving (e.g. designated driver and/or alternative ride program), which shall be offered by the restaurant operator to the restaurant's patrons. The plan shall specify how the restaurant 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 more than one alcoholic beverage or highlighting alternative options for getting home (e.g. public transit/rideshare/walk).
20. Notices shall be prominently displayed urging patrons to leave the restaurant and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
21. Employees of the restaurant shall walk a 100-foot radius from the restaurant premises 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.
22. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.
23. Prior to or concurrently with submitting the signed acknowledge of these conditions to the Community Development Director, restaurant operator shall submit the restaurant premises plan to the Community Development Director so that the Community Development Director can verify that the restaurant premises are within the areas designed for restaurant on the Project Plans. After such confirmation, minor amendments to the restaurant premises shall be subject to approval by the Community Development Director in accordance with Section 2.4.2 (Minor Modifications) of this Agreement. A significant change in the approved concept for the alcohol service areas in this Exhibit "E-1" shall require either a Conditional Use Permit or a Development Agreement amendment pursuant to Section 2.4.3 (Major Modifications). Construction shall be in substantial conformance with the plans approved by the Community Development Director. No increase in the intensity of operations allowed by this Exhibit “E-1” shall occur without prior approval from the City of Santa Monica and State ABC (if required by the ABC).
24. The restaurant operator authorizes reasonable City inspection of the restaurant premises to ensure compliance with this Exhibit “E-1” and will bear the reasonable cost of these inspections as established by SMMC Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with this Exhibit “E-1”.
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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
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Packet Pg. 439 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-2”, Page 1
EXHIBIT “E-2”
HOTEL CONDITIONS OF APPROVAL TO DISPENSE ALCOHOL
Hotel operator (which may be Developer) may sell or furnish alcoholic beverages for consumption in the portions of the hotel and the Cultural Use Campus as shown on the Exhibit “E-2.A” (“Licensed Premises”) on the following terms and conditions without obtaining a Conditional Use Permit. For the avoidance of doubt, restaurants located outside of the "Licensed Premises" shown on Exhibit "E-2.A" but within the Hotel Building may offer alcoholic beverages pursuant to Sections 2.6.1 or 2.6.2 of the Development Agreement dated _______________, 202___ and recorded on __________ in the Office of the Los Angeles County Recorder as Instrument No. ______________ (the (“Development Agreement”) governing the development and operation of the Project, including the Licensed Premises.
1. This approval is for the following alcohol license types only: Type 21 (Off-Sale General), Type 47 (On Sale General -- Eating Place), Type 66 (Controlled Access Cabinet), and Type 68 (Portable Bar). For any particular license type, the Licensed Premises may have more than one license and/or duplicates.
2. Seating and Locations. Seating and locations in which alcohol is served shall not exceed the following:
• Licensed Premises as shown on Exhibit “E-2.A” including:
o Hotel minibars
o Room service to hotel rooms
o 1
st Floor Hotel Lobby
▪ up to 30 interior seats
o 2
nd Floor Hotel Lounge
▪ up to 20 interior seats
o 2
nd Floor Pool Deck and Bar
o Meeting/Banquet Space on Level B2 and 2nd Floor
o Sundry Shop
o Hotel common areas, including the lobby areas, spa, business center, and the outdoor areas shown on Exhibit “E-2.A”
o Cultural Uses Campus, including the lobby area, gallery spaces, 4th floor roof terrace, and café.
The seating configurations for each of the alcohol serving areas may be altered or rearranged so long as the overall number of seats in the Licensed Premises is not expanded. No more than 15% of the overall seating in the Licensed Premises shall be counter/bar seating.
3. Only the sundry shop may be covered by a Type 21 (Off-Sale General) alcohol license(s).
A separate conditional use permit or amendment to this Agreement shall be required for additional locations within the Licensed Premises or on the Property to be authorized for
10.B.b
Packet Pg. 440 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-2”, Page 2
a Type 21 (Off-Sale General) alcohol license. In the remainder of the Licensed Premises, off-site sales of beer and wine are allowed consistent with and pursuant to the applicable Type 47 (On Sale General -- Eating Place) alcohol license.
4. Hotel employees may sell or furnish alcoholic beverages for consumption within the areas described in Section 2 above between the hours of 6:00 AM to 2:00 AM (next day) daily, subject to the following additional restrictions:
a. 1st Floor Hotel Lobby: The permitted hours of alcoholic beverage service shall be 6:00 a.m. to 2:00 a.m. (next day) daily.
b. 2nd Floor Pool Deck and Cultural Uses Campus 4th Level Roof Terrace: The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 10:00 p.m. daily, except if pursuant to an event with catering license. c. Sundry Shop: The permitted hours of off-site alcoholic beverage sales shall be 12:00 p.m. to 12:00 a.m. (next day) daily.
5. Hotel Rooms and Room Service.
a. Mini-bars/refrigerators shall be permitted in individual hotel rooms, subject to the terms and conditions in this Exhibit “E-2” in addition to the following conditions if they will contain alcoholic beverages:
1. Restocking of the mini-bars/refrigerators shall be performed during daily service of the hotel rooms, but shall not be performed between the hours of 2:00 a.m. and 6:00 a.m.; and
2. Alcohol shall be stored only within approved liquor cabinets, which shall be accessible through key access or other controls restricting availability only to registered guests 21 years of age or older.
b. Room service of alcoholic beverages for consumption in hotel guest rooms and adjoining private outdoor space is permitted to hotel guests and their guests 21 years of age or older who provide proof of age if requested by room service personnel and subject to the terms and conditions in this Exhibit “E-2”. c. With respect to the mini-bars/refrigerators in individual hotel rooms described in subsection (a) of this Section 5 and room service of alcoholic beverages as provided in subsection (b) of this Section 5, the hotel operator shall not be obligated to obtain any additional Discretionary Approvals from the City, including without limitation any Conditional Use Permits, so long as they are operated within the scope of this Exhibit “E-2”.
6. Hotel shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the Licensed Premises. The hotel shall serve food during all hours alcohol service is available in the Licensed Premises. If there are hours during which food is not served in a particular area of the Licensed Premises, alcohol shall not be served in such area during such hours.
7. 2
nd Floor Pool Deck/Bar: Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent
10.B.b
Packet Pg. 441 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-2”, Page 3
with the bottle service. For purposes of this paragraph, “Liquor bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks.
8. The hotel 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 premises and other alcohol-serving venues participating in the “pubcrawl”.
9. The operation of the Licensed Premises shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
10. Any alcoholic beverages sold for consumption beyond the Licensed Premises must be sold in sealed, unopened bottles, packages or containers.
11. The primary use of the Licensed Premises shall be for Hotel Uses, Cultural Facilities Uses, and Accessory Uses. In the hotel, alcohol may be available to registered hotel guests and their visitors, other patrons of the hotel (including its restaurants, lounges, bar, spa and sundry shop), and persons attending functions in the Meeting/Banquet Rooms/2nd Floor Pool Deck. In the Cultural Facilities, alcohol may be available to patrons/visitors to the Cultural Uses Campus, including persons attending functions in the Cultural Uses Campus.
12. Music (live, acoustical, amplified, disc jockey, or recorded) shall be permitted in all areas of the Licensed Premises covered by this Exhibit “E-2.A”) provided (a) there is no dancing, (b) there is no cover charge or minimum drink purchase requirement, and (c) the volume of the music complies with the provisions of the Noise Ordinance (SMMC Chapter 4.12) at all times. Notwithstanding the foregoing, dancing shall be permitted in all areas of the Licensed Premises when dancing is associated with events or activities such as wedding receptions, charity events, instructional classes, reunions, performances, ceremonies, parties, banquets, receptions, celebrations, etc.
13. Notwithstanding the foregoing, alcohol service is only permitted within the Meeting/Banquet spaces on Level B2 and the 2nd Floor and the Cultural Uses Campus provided these rooms/facilities, at the time alcohol is served, are being used for events or activities such as meetings, conferences, lectures, training or instructional classes, conventions, demonstrations, competitions, speeches, services, presentations, celebrations, contests, fundraisers, commemorations, reunions, performances, auctions, ceremonies, parties, banquets, receptions, and other analogous events or activities occurring in comparable hotel meeting and banquet facilities or Cultural Facilities.
14. Except for special events and in the outdoor areas (including the pool deck and roof terrace), alcohol shall not be served in any disposable container such as disposable plastic or paper cups.
10.B.b
Packet Pg. 442 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-2”, Page 4
15. The hotel operator shall prohibit loitering and control noisy guests leaving the Licensed Premises.
16. Any minimum purchase requirement may be satisfied by the purchase of beverages or food.
17. The Licensed Premises shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12).
18. The hotel shall not conduct recycling deposits, pressure washing, or other noise generating activity audible from the exterior of the buildings between the hours of 11 PM and 7 AM.
19. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
20. The hotel operator shall ensure that any graffiti on the Licensed Premises is promptly removed through compliance with the City's graffiti removal program.
21. The hotel operator shall employ staff to patrol the Licensed Premises to ensure patrons of the hotel are not disruptive to adjoining properties and area residents.
22. Prior to commencement of alcohol service pursuant to this Exhibit “E-2”, a security plan shall be submitted to the Chief of Police for review of approval. The plan shall address both physical and operational security issues.
23. Prior to commencement of alcohol sales pursuant to this Exhibit “E-2”, the hotel operator shall submit a plan for approval by the Community Development Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The hotel operator shall provide the City with an annual report regarding compliance with this condition within 60 days of receiving a written request from the City. The hotel shall be subject to any future citywide alcohol awareness training program condition affecting similar establishments.
24. Prior to commencement of alcohol service pursuant to this Exhibit “E-2”, the hotel operator shall also submit a plan describing the establishment's program to discourage patrons from drinking and driving (e.g. designated driver and/or alternative ride program), which shall be offered by the hotel operator to the establishment's patrons. The plan shall specify how the hotel 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 more than one alcoholic beverage or highlighting alternative options for getting home (e.g. public transit/rideshare/walk).
10.B.b
Packet Pg. 443 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-2”, Page 5
25. The hotel operator authorizes reasonable City inspection of the Licensed Premises to ensure compliance with the conditions set forth in this Exhibit “E-2” and will bear the reasonable costs of these inspections as established by SMMC Section 2.72.010 and Resolution No. 9905 (CCS) or any successor legislation thereto. These inspections shall be no more intrusive than necessary to ensure compliance with this Section.
26. Minor amendments to the seating and location where alcohol is served as shown on Exhibit "E-2.A" shall be subject to approval by the Community Development Director in accordance with Section 2.4.2 (Minor Modifications) of this Agreement. A significant change in the approved concept for the alcohol service areas in this Exhibit “E-2” shall require either a Conditional Use Permit or a Development Agreement amendment pursuant to Section 2.4.3 (Major Modifications). Construction shall be in substantial conformance with the Project Plans as modified by the City Council, Landmarks Commission, California Coastal Commission or Community Development Director. No increase in the intensity of operations allowed by this Exhibit “E-2” shall occur without prior approval from the City of Santa Monica and California Department of Alcoholic Beverage Control (“ABC”) (if required by the ABC).
27. Concurrently with filing an application to the ABC for one or more alcohol licenses, the applicant shall provide a copy of this signed Exhibit “E-2” to the local office of the ABC.
Acknowledgement of Hotel 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
10.B.b
Packet Pg. 444 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E
-2”, Page 6
EXHIBIT “E-2.A”
Licensed Premises
[Behind this page.]
10.B.b
Packet Pg. 445 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) DN
UP
M
DN
UP
DN
UP
DN
UP E
MAIN
ENTRANCE
10% 20% RAMP DOWN FROM ALLEY
ONE WAY
CULTURAL
USES
ENTRY LOBBY
CULTURAL
USES
CULTURAL
USES
CU
LOADING
CULTURAL
USES
WC
BOH
46'-5"
36'-3"
70'-10"
33'-0"
UP
HOTEL
LOBBY
OBS
LOBBY
EVENT
LOBBY
HOTEL
BOH
RETAIL /
RESTAURANT
BOH
RETAIL/
RESTAURANT
GUEST LOBBY
SERVICE / OBS
LOBBY
PRIMARY
TRANSFORMER
ROOM
TRASH AND
RECYCLING
GENERATOR
ROOM SECURITY OFFICE
WC
PP
HH
SP
SIGN AT BUILDING
FACE STARTING
14'-0" MIN. CLR HEIGHT
SIGN AT BUILDING
FACE STARTING
15'-5" MIN. CLR HEIGHT
PAVEMENT STRIPING TO SHOW
WHERE RRR TRUCK LOADING
OPERATIONS MUST OCCUR.
20' MIN.
20' MIN.
20' MIN.
80'-0" RIDE SHARE / PASSENGER LOADING ZONE
SPANISH COLONIAL
LANDMARK BUILDING
QUEEN ANNE
LANDMARK BUILDING
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
SANTA MONICA BLVD.
2ND ST.
1ST COURT
OCEAN AVE.
NEW VEHICULAR ALLEY
RETAIL
RETAIL
RETAIL
RESIDENTIAL
MAIN
LOBBY
RETAIL /
RESTAURANT
RETAIL /
RESTAURANT
LOADING
DOCK
LEASING
OFFICE
10%
20% RAMP
UP FROM
LEVEL B3
ONE WAY
WATER
METER
GAS
METER
FIRE
COMMAND
CENTER
DATA
INCOMING
SERVICE
ROOM
COM. COM.
D
BLDG
A
LOBBY
MAIL
ROOM
PACKAGE
ROOM
PARCEL
ROOM ELEC.
TRASH
AND
RECYCLING
SEE NOTE A
4'-0" 4'-0" 5'-0"
DN
UP
DN
UP
DN
DN
UP
DN
UP
R
R
R
R R R
S
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-201 1/16"=1'-0"
FLOOR PLANLEVEL 01
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
NOTE A
TRASH LOADING CONCEPT IS TO UTILIZE
PORTABLE INDUSTRIAL LIFTS TO UNLOADPRIVATE CONTAINERS BY THE BUILDINGS OPERATIONAL STAFF.CITY BINS ARE NOT INTENDED TO BE MOVED EXCEPT BY CITY RRR STAFF.
CONCEPT WILL BE FURTHER DEVELOPED BY A
WASTE / RECYCLING MANAGEMENT CONSULTANT
DURING SCHEMATIC DESIGN.
LICENSED PREMISES
SK-0318.1
Exhibit "E-2.A"
p. 1
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DN
M
DN
DN
UP
DN
UP E
CULTURAL
USES
OPEN TO BELOW
OPEN TO BELOW
OPEN TO BELOW
BOH
80'-10"
40'-6"
UP
UP
COM.
ELEC.
R
DN
UP
COM.
R
DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
ELEC.
COM.
R
B2.01
1 BR
B2.02
2 BR
B2.03
1 BR
B2.04
1 BR
C2.01
1 BR
C2.02
1 BR
C2.03
1 BR
D2.01
1 BR
D2.02
3 BR
D2.03
1 BR
D2.05
1 BR
D2.04
2 BR
D2.06
1 BR
RETAIL/ RESTAURANT
C2.04
STUDIO
A2.01
1 BR
A2.03
2 BR
A2.04
1 BR
A2.05
STUDIO
D2.07
STUDIO
D2.08
1 BR
A2.02
STUDIO
D
H2.01
1.5 BAY
H2.02
1.5 BAY
H2.03
1 BAY
H2.04
1 BAY
H2.05
1 BAY
H2.06
1 BAY
H2.07
1 BAY
H2.08
1 BAY
H2.09
1 BAY
H2.10
1 BAY
HH
SS
WC
LOUNGE
POOL
BAR
MEETING
ROOM 2
MEETING
ROOM 1
POOL
BUSINESS
CENTER
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-202 1/16"=1'-0"
FLOOR PLANLEVEL 02
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.2
Exhibit "E-2.A"
p. 2
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry H3.01
1.5 BAY
H3.02
1.5 BAY
H3.03
1 BAY
H3.04
1 BAY
H3.05
1 BAY
H3.06
1 BAY
H3.07
1 BAY
H3.08
1 BAY
H3.09
1 BAY
H3.10
1 BAY
H3.11
1 BAY
H3.12
1 BAY
H3.13
1 BAY
H3.14
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
DN
UP
DN
UP
R
ELEC.
COM.
DN
UP
DN
UP
R
COM.
DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
C3.01
2 BR
C3.02
2 BR
D3.04
STUDIO
D3.01
1 BR
D3.02
3 BR
D3.03
1 BR
D3.06
1 BR
D3.05
2 BR
D3.07
1 BR
A3.01
1 BR
A3.02
STUDIO
A3.03
2 BR
A3.04
1 BR
D3.08
STUDIO
D3.09
1 BR
B3.01
1 BR
B3.02
2 BR
B3.03
1 BR
B3.04
1 BR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-203 1/16"=1'-0"
FLOOR PLANLEVEL 03
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.3
Exhibit "E-2.A"
p. 3
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DN
DN E
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
CULTURAL USES
ROOF TERRACE
SKYLIGHT
OPEN TO BELOW
SKYLIGHT
OPEN TO BELOW
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
H4.01
1.5 BAY
H4.02
1.5 BAY
H4.03
1 BAY
H4.04
1 BAY
H4.05
1 BAY
H4.06
1 BAY
H4.07
1 BAY
H4.08
1 BAY
H4.09
1 BAY
H4.10
1 BAY
H4.11
1 BAY
H4.12
1 BAY
H4.13
1 BAY
H4.14
1 BAY
HH
SS
DN
UP
DN
UP
R
ELEC.
COM.
DN
UP
DN
UP
COM.
R
DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
COM.
ELEC.
R
B4.01
1 BR
B4.02
2 BR
B4.03
STUDIO
B4.04
1 BR
D4.01
1 BR
D4.02
3 BR
D4.03
1 BR
D4.04
1 BR
D4.07
1 BR
D4.06
1 BR
D4.05
2 BR
A4.01
1 BR
A4.02
STUDIO
A4.03
2 BR
A4.04
1 BR
C4.01
2 BR
C4.02
2 BR
D4.08
STUDIO
D4.09
1 BR
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-204 1/16"=1'-0"
FLOOR PLANLEVEL 04
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.4
Exhibit "E-2.A"
p. 4
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DN
UP
DN
UP
R
ELEC.
COM.
DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
COM.
ELEC.
R
DN
BUILDING
"C"
ROOF
EL. +60'-0"
CULTURAL USES ROOF
H5.01
1.5 BAY
H5.02
1.5 BAY
H5.03
1 BAY
H5.04
1 BAY
H5.05
1 BAY
H5.06
1 BAY
H5.07
1 BAY
H5.08
1 BAY
H5.09
1 BAY
H5.10
1 BAY
H5.11
1 BAY
H5.12
1 BAY
H5.13
1 BAY
H5.14
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC
TELECOM
D5.01
3 BR
D5.02
1 BR
D5.03
3 BR
D5.04
1 BR
D5.05
1 BR
D5.06
1 BR
A5.01
1 BR
A5.02
STUDIO
A5.03
2 BR
A5.04
1 BR
B5.01
1 BR
B5.02
2 BR
B5.03
STUDIO
B5.04
1 BR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-205 1/16"=1'-0"
FLOOR PLANLEVEL 05
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.5
Exhibit "E-2.A"
p. 5
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
R
ELEC.
COM.
DN
BUILDING
"C"
ROOF
BUILDING
"A"
ROOF
B6.01
1 BR
B6.02
2 BR
D6.01
3 BR
D6.02
1 BR
D6.03
1 BR
D6.04
1 BR
D6.05
1 BR
D6.06
1 BR
B6.03
2 BR
TERRACE
TERRACE
TERRACE
TERRACE
H6.01
2 BAY
H6.02
3 BAY
H6.03
2 BAY
H6.04
3 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-206 1/16"=1'-0"
FLOOR PLANLEVEL 06
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.6
Exhibit "E-2.A"
p. 6
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DN
UP
DN
UP
R
ELEC.
COM.
DN
UP
DN
UP
COM.
ELEC.
R
BUILDING
"A"
ROOF
D7.01
3 BR
D7.02
1 BR
D7.03
1 BR
D7.04
1 BR
D7.05
1 BR
D7.06
1 BR
B7.01
1 BR
B7.02
2 BR
B7.03
2 BR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
H7.01
2 BAY
H7.02
1 BAY
H7.03
1 BAY
H7.04
1 BAY
H7.05
1 BAY
H7.06
1 BAY
H7.07
1 BAY
H7.08
1 BAY
H7.09
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-207 1/16"=1'-0"
FLOOR PLANLEVEL 07
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.7
Exhibit "E-2.A"
p. 7
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry D8.01
3 BR
D8.02
3 BR
D8.03
3 BR
B8.01
1 BR
B8.02
2 BR
B8.03
2 BR
H8.01
2 BAY
H8.02
1 BAY
H8.03
1 BAY
H8.04
1 BAY
H8.05 H8.06 1 BAY
1 BAY
H8.07
1 BAY
H8.08
1 BAY
H8.09
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
DN
UP
DN
UP
COM.
ELEC.
R
DN
UP
DN
UP
R
COM.
ELEC.
D8.01
3 BR
D8.02
3 BR
D8.03
3 BR
B8.01
1 BR
B8.02
2 BR
B8.03
2 BR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-208 1/16"=1'-0"
FLOOR PLANLEVEL 08
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.8
Exhibit "E-2.A"
p. 8
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry H9.01
2 BAY
H9.02
1 BAY
H9.03
1 BAY
H9.04
1 BAY
H9.05
1 BAY
H9.06
1 BAY
H9.07
1 BAY
H9.08
1 BAY
H9.09
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
DN
UP
DN
UP
COM.
ELEC.
R
DN
BUILDING
"D"
ROOF
B9.01
1 BR
B9.02
2 BR
B9.03
2 BR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-209 1/16"=1'-0"
FLOOR PLANLEVEL 09
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.9
Exhibit "E-2.A"
p. 9
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry H10.01
2 BAY
H10.02
1 BAY
H10.03
1 BAY
H10.04
1 BAY
H10.05
1 BAY
H10.06
1 BAY
H10.07
1 BAY
H10.08
1 BAY
H10.09
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
4'-0" 4'-0" 5'-0"
4'-0" 4'-0" 5'-0"
BUILDING
"B"
ROOF DN
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-210 1/16"=1'-0"
FLOOR PLANLEVEL 10
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.10
Exhibit "E-2.A"
p. 10
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry H11.01
2 BAY
H11.02
1 BAY
H11.03
1 BAY
H11.04
1 BAY
H11.05
1 BAY
H11.06
1 BAY
H11.07
1 BAY
H11.08
1 BAY
H11.09
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-211 1/16"=1'-0"
FLOOR PLANLEVEL 11
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.11
Exhibit "E-2.A"
p. 11
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry H12.01
2 BAY
H12.02
1 BAY
H12.03
1 BAY
H12.04
1 BAY
H12.05
1 BAY
H12.06
1 BAY
H12.07
1 BAY
H12.08
1 BAY
H12.09
1 BAY
HH
SS
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-212 1/16"=1'-0"
FLOOR PLANLEVEL 12
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.12
Exhibit "E-2.A"
p. 12
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry SP
PUBLICLY
ACCESSIBLE
ROOF DECK
COOLING
TOWER
MEP OBS LOBBY
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-213 1/16"=1'-0"
DECKOBSERVATIONROOF PLAN
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.13
Exhibit "E-2.A"
p. 13
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry
MEP SITE
CROSS-OVER
BELOW
VAULT
DN
UP
FR
DN
UP
FR
DN
UP
DN
UP
DN
UP
DN
UP
DN
UP
DN
UP
R
S
R R
HH
SS
DN
UP
DN
UP
D
SERVICE
LOBBY
GUEST
LOBBY
OPEN TO
BELOW
OPEN TO
BELOW
UTILITY VAULT
10% 20% RAMP UP TO 2ND ST
20% RAMP DOWN
FROM ALLEY
RETAIL /
RESTAURANT
RESIDENTIAL
TRASH AND
RECYCLING
RESIDENTIAL
TRASH AND
RECYCLING
RESIDENTIAL
TRASH AND
RECYCLING
RESIDENTIAL
TRASH AND
RECYCLING
RESIDENTIAL
STORAGE
LOCKERS
72 UNITS
EMPLOYEE
FACILITIES
ENG. &
MAINTENANCE
WORKSHOP
SPA
RETAIL /
RESTAURANT
STORM
WATER
TANK
STORM
WATER
PUMPS
STORM
WATER
TANK
STORM
WATER
PUMPS
ADMINISTRATIVE OFFICES
HOUSEKEEPING
CHILLERS
LINEN /
UNIFORM
STORAGE
RESIDENTIAL
LONG-TERM
BICYCLE
STORAGE
RESIDENTIAL
OFFICES
STORAGE
STORAGE
RESIDENTIAL
ENGINEERING AND
MAINTENANCE
WORKSHOP
MECHANICAL
MECHANICAL
RESIDENTIAL
STORAGE
LOCKERS
28 UNITS
OPEN TO
BELOW
OPEN TO
BELOW
OPEN TO
BELOW
SPA
LOBBY
SPA
RETAIL
SWITCHGEAR
ROOM
SEE NOTE A
SEE NOTE A
SEE NOTE A
SEE NOTE A
A3-205
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-1B1 1/16"=1'-0"
FLOOR PLANLEVEL B1
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTEL
PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
NOTE A
TRASH LOADING CONCEPT IS TO UTILIZE
PORTABLE INDUSTRIAL LIFTS TO UNLOADPRIVATE CONTAINERS BY THE BUILDINGS OPERATIONAL STAFF.
CITY BINS ARE NOT INTENDED TO BE MOVED
EXCEPT BY CITY RRR STAFF.
CONCEPT WILL BE FURTHER DEVELOPED BY A
WASTE / RECYCLING MANAGEMENT CONSULTANT
DURING SCHEMATIC DESIGN.
LICENSED PREMISES
SK-0318.14
Exhibit "E-2.A"
p. 14
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry A3-205
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
SSS
S S S
SSSSSSSSSSSSSS
SSSSSSSSSSS
SSSSSSSSSSS
S S S S
SSSSS
SSSS
C
C
S S S S S S
S
SSSS
S
HVS
CCC
C
C
S
S
C
HC HC
TO HOTEL / RETAIL
VALET
TO RESIDENTIAL
VALET
HOTEL /
RETAIL VALET
10%
20% RAMP DOWN
TO LEVEL B3
RAMP UP
TO 2ND ST
RAMP DOWN
FROM ALLEY
ONE WAY
ONE WAY
GARAGE
EXHAUST
BANQUET
BALLROOM
BANQUETSTORAGE
GARAGE
INTAKE
BANQUET
BOH
CULTURAL
USES
CULTURAL
USES
BOH
WC
SERVICE
LOBBY
GUEST
LOBBY
EVENT
LOBBY
PARKING LAYOUTS WILL BE REVISED
DURING SD TO ACCOMMODATE THE
REQUIRED 285 PARKING SPACES
10%
DN
UP
UP
M
DN
UP
DN
UP
DN
UP
4'-0" 4'-0" 5'-0"
FR
DN
UP
4'-0" 4'-0" 5'-0"
FR
PP
HH
SS
R R
R
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-1B2 1/16"=1'-0"
FLOOR PLANLEVEL B2
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
LICENSED PREMISES
SK-0318.15
Exhibit "E-2.A"
p. 15
10.B.b
Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry Exhibit “F”, Page 1
EXHIBIT “F”
BONDED SCOPE OF PRESERVATION WORK
The Bonded Scope of Preservation Work shall only include relocation and rehabilitation of the exterior structural elements of the Queen Anne Landmark and Spanish Colonial Revival Landmark as approved by the City’s Landmarks Commission through the process set forth in Article 6 of this Agreement and as indicated on the building plans approved by the City’s Building Official prior to issuance of a building permit including the Bonded Scope of Preservation Work, including, without limitation, stabilization of the Queen Anne Landmark and Spanish Colonial Revival Landmark in preparation for detaching them from their foundations and moving them elsewhere on the Project Site. The Bonded Scope of Preservation Work shall also include moving the buildings, preparing new foundations, and attaching the Landmarks to their new foundations.
As to the Queen Anne Landmark, the Bonded Scope of Preservation Work shall also include exterior rehabilitation/restoration to restore the corner tower to its original height with its widow’s walk, restore the second floor porch on the west elevation to its full length, restore the front gable ornamentation, restore the brick chimney above the roof plane to its original height, replace the current contemporary asphalt shingle roof with flame-retardant wood shingles, removal of non-original dormers at the second floor of the south elevation, and reconstruction of the original side-gable on this elevation with a single dormer. The Bond shall also cover the possibility that any new openings created on the north and east elevations of the Queen Anne Landmark may need to be restored their pre-Project condition if the Project is abandoned midstream.
As to the Spanish Colonial Revival Landmark, the Bonded Scope of Preservation Work shall also include exterior rehabilitation/restoration work to reconstruct the cast stone Churrigueresque-inspired decorative surround with flanking spiral engaged columns at the west elevation entrance to the building and reconstructing the decorative sconces. The Bond shall also cover the possibility that any new openings created on the south and east elevations of the Spanish Colonial Revival Landmark may need to be restored their pre-Project condition if the Project is abandoned midstream.
The Bonded Scope of Preservation Work may also include other exterior elements of the rehabilitation of the Queen Anne and Spanish Colonial Revival Landmarks which are approved as part of the Certificate(s) of Appropriateness authorizing such rehabilitation/restoration. The Bonded Scope of Preservation Work covered by the Bond shall not include additional aspects of the Project that may be included in the Certificate(s) of the Appropriateness such as the landscaping, irrigation, lighting, mechanical, electrical or plumbing systems, or interior rehabilitation/restoration work. Notwithstanding the foregoing, the exterior rehabilitation/restoration work covered by the Bond shall include any interior construction activity that directly impacts the exterior appearance or overall structural integrity of the Queen Anne and Spanish Colonial Revival Landmarks, but only to the extent such work directly and materially impacts the exterior appearance or overall structural integrity of the Queen Anne and Spanish Colonial Revival Landmarks.
10.B.b
Packet Pg. 461 Attachment: OAP DA 2nd Reading 2022.07.26 Part 1 of 2 through exhibit F (5241 : 2nd Reading - Gehry DA) Exhibit “E-2”, Page 1
EXHIBIT “G”
PUBLICLY-ACCESSIBLE OPEN SPACE
[Behind this page.]
10.B.c
Packet Pg. 462 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) DN
UP
M
DN
UP
DN
UP
DN
UP E
MAIN
ENTRANCE
10% 20% RAMP DOWN FROM ALLEY
ONE WAY
CULTURAL
USES
ENTRY LOBBY
CULTURAL
USES
CULTURAL
USES
CU
LOADING
CULTURAL
USES
WC
BOH
46'-5"
36'-3"
70'-10"
33'-0"
UP
HOTEL
LOBBY
OBS
LOBBY
EVENT
LOBBY
HOTEL
BOH
RETAIL /
RESTAURANT
BOH
RETAIL/
RESTAURANT
GUEST LOBBY
SERVICE / OBS
LOBBY
PRIMARY
TRANSFORMER
ROOM
TRASH AND
RECYCLING
GENERATOR
ROOM SECURITY OFFICE
WC
PP
HH
SP
SIGN AT BUILDING
FACE STARTING
14'-0" MIN. CLR HEIGHT
SIGN AT BUILDING
FACE STARTING
15'-5" MIN. CLR HEIGHT
PAVEMENT STRIPING TO SHOW
WHERE RRR TRUCK LOADING
OPERATIONS MUST OCCUR.
20' MIN.
20' MIN.
20' MIN.
80'-0" RIDE SHARE / PASSENGER LOADING ZONE
SPANISH COLONIAL
LANDMARK BUILDING
QUEEN ANNE
LANDMARK BUILDING
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
SANTA MONICA BLVD.
2ND ST.
1ST COURT
OCEAN AVE.
NEW VEHICULAR ALLEY
RETAIL
RETAIL
RETAIL
RESIDENTIAL
MAIN
LOBBY
RETAIL /
RESTAURANT
RETAIL /
RESTAURANT
LOADING
DOCK
LEASING
OFFICE
10%
20% RAMP
UP FROM
LEVEL B3
ONE WAY
WATER
METER
GAS
METER
FIRE
COMMAND
CENTER
DATA
INCOMING
SERVICE
ROOM
COM. COM.
D
BLDG
A
LOBBY
MAIL
ROOM
PACKAGE
ROOM
PARCEL
ROOM ELEC.
TRASH
AND
RECYCLING
SEE NOTE A
4'-0" 4'-0" 5'-0"
DN
UP
DN
UP
DN
DN
UP
DN
UP
R
R
R
R R R
S
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-201 1/16"=1'-0"
FLOOR PLANLEVEL 01
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTEL
PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
NOTE A
TRASH LOADING CONCEPT IS TO UTILIZE
PORTABLE INDUSTRIAL LIFTS TO UNLOADPRIVATE CONTAINERS BY THE BUILDINGS OPERATIONAL STAFF.
CITY BINS ARE NOT INTENDED TO BE MOVED
EXCEPT BY CITY RRR STAFF.
CONCEPT WILL BE FURTHER DEVELOPED BY A
WASTE / RECYCLING MANAGEMENT CONSULTANT
DURING SCHEMATIC DESIGN.
MAIN
ENTRANCE E T A E
QUEEN ANNE QUEEN ANNE QU EN A E
LANDMARK BUILDING LANDMARK BUILDING L NDM RK BU G
Publicly-AccessibleGround level Open Space:12,000sf approximately SK-0318
Exhibit "G"
p. 1
10.B.c
Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) SP
PUBLICLY
ACCESSIBLE
ROOF DECK
COOLING
TOWER
MEP OBS LOBBY
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-213 1/16"=1'-0"
DECKOBSERVATIONROOF PLAN
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTEL
PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
SK-0318.13
Publicly-AccessibleObservation Deck:Roof Level Observation Deck4,800sf approximately
PUBLICLY PUBL CLY
ACCESSIBLE ACCESS BLE
ROOF DECK ROOF DECK ROOF DECK
OBS LOBBY
Exhibit "G"
p. 2
10.B.c
Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “H”, Page 1
EXHIBIT “H”
TRANSPORTATION DEMAND MANAGEMENT PLAN
Transportation Demand Management 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 a Temporary Certificate of Occupancy or 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 Exhibit H, Section (d) must be shown on the construction drawings and be approved by the City, it being acknowledged and agreed that the City’s issuance of the Project’s building permit shall be deemed “approval by the City”, and no further changes to the City-approved plans shall be mandated by the City following granting of the building permit. The purpose of the TDM Plan is to result in the Project achieving the AVR Target in accordance with Exhibit H, Section (e)(1)(v) below 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. ii. Monitor the TDM Plan, and
iii. Report annually in a manner required by this Agreement, (4) Initial annual budget to implement the TDM Plan,
(5) Duties, responsibilities, and qualifications of the Project Transportation Coordinator, as defined by Exhibit H, Section (e)(1)(i) below, who is responsible for the preparation, implementation, and monitoring of the TDM Plan, (6) TDM Plan program measures as required by this Agreement, and (7) Implementation strategy that specifies how the TDM Plan will be implemented so that trip reduction measures will commence with the initial hiring and opening of the different uses at the Project (e.g., hotel, museum, and other commercial), 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; provided, however, if the
10.B.c
Packet Pg. 465 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “H”, Page 2
Certificate of Occupancy is not issued on the first day of the month the report may be filed by the first day of the month following the first anniversary of the project’s Certificate of Occupancy (e.g. if the Certificate of Occupancy is issued July 9, 2022, then the first annual report would be submitted by August 1, 2023 and by August 1st annually thereafter). The TDM Annual Status Report shall include the following:
(1) Confirmation of compliance with all TDM Plan elements, (2) AVR calculations and documentation for the monitoring year based upon cumulative employee surveys for the project undertaken for one consecutive week each year. The survey must be conducted in accordance with Exhibit H, Section (e)(1)(iv), (3) Updated statement of commitment from Developer,
(4) Updated annual budget to implement TDM Plan,
(5) Updated contact information including name, e-mail address, and proof of certification of the Project Transportation Coordinator, (6) Effect of the TDM Plan on commute modes, parking availability, and transit ridership during the previous Plan year, and (7) Updated implementation strategy.
(c) Applicability of Transportation Demand Management Ordinance. The TDM Plan referred to in this Exhibit H replaces and supersedes the “developer” TDM Plan requirements included in SMMC Chapter 9.53 (the Transportation Demand Management Ordinance), or any successor thereto including but not limited to SMMC Section 9.53.110-140.
Any “employer” (as defined in SMMC Section 9.53.020(S)) located within the Project will be required to comply with the employer requirements set forth in SMMC Chapter 9.53 (the Transportation Demand Management Ordinance), or any successor thereto, including SMMC Sections 9.53.050 to 9.53.100 as applicable.
(d) Physical Elements
(1) Measures Applicable to Project's Commercial Component Only:
(i) On-Site Transportation Information. Developer shall provide, for the Life of the Project, on-site transportation information located where the greatest number of employees, hotel guests and visitors are likely to see it. Such information may be provided in an on-site physical location(s), such as a bulletin board or kiosk, or through other media, such as on a website or other digital means. The location(s) may be relocated from time to time thereafter by the Developer. The transportation information for employees, visitors and residents shall include information about access to various transportation options, which may be different for each group, and shall include:
A. Current maps, routes and schedules for public
transit routes within one-half mile of the Project site.
10.B.c
Packet Pg. 466 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “H”, Page 3
B. Transportation agency information, including
regional ridesharing agency, local transit operators, and certified Transportation Management Organization (“TMO”) where available.
C. Ridesharing promotional material supplied by
commuter-oriented organizations.
D. Bicycle route and facility information, including
rental and sale locations within one-half mile of the Project site, regional/local bicycle maps, and bicycle safety information.
E. A list of facilities available for carpoolers,
vanpoolers, bicyclists, transit riders and pedestrian commuters at the site.
F. Walking and biking maps for employees and
visitors, which shall include but not be limited to information about convenient local services and restaurants within walking distance of the Project.
G. Information to commercial tenants and employees
of the Project regarding local rental housing agencies. (ii) Employee Secure Bicycle Storage. Developer shall provide secure bicycle parking for commercial employees in the Subterranean Space and/or the ground floor as shown on the Project Plans but no less than 0.2 spaces/hotel room and 1 space/3,000 square feet of Floor Area for the retail/restaurant/Cultural Uses space. For the purpose of this Exhibit H, Section (d)(1)(ii), secure bicycle parking shall mean an enclosed bicycle locker; a fenced, covered, locked or guarded bicycle storage area with bike racks within; a rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or a secure, non-public parking garage. No more than 50% of the secure employee bicycle parking may be provided in a vertical or hanging rack. At least one electrical outlet shall be available in the secure employee bicycle parking area for the use of electrical assisted bicycle charging. Prior to the Project’s Design Review approval, the location and type of secure bicycle storage shall be submitted for review and approval by the Department of Transportation Director or his/her designee. 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.
(iii) Employee Showers and Locker Facilities. Developer shall provide a minimum of four showers with dressing areas for use by employees 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 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 workday. Lockers shall be for short-term use by employees, located in close proximity to the showers and dressing areas, and shall be distributed with priority given to those who utilize active commutes.
(iv) Short-Term Bicycle Parking. Developer shall provide bicycle parking for short-term public use as shown on the Project Plans but no less than eight (8)
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spaces for the hotel plus one (1) space per 4,000 square feet of Floor Area for the retail/restaurant/Cultural Facilities uses. No more than 50% of the short-term bicycle parking may be provided in a vertical or hanging rack. Prior to the Project’s Design Review approval, the location and type of bike racks to be provided shall be submitted for review and approval by the Department of Transportation Director or his/her designee. For each required short-term bicycle parking space, 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. (2) Measures Applicable to Project's Residential Component Only:
(i) Convenient and Secure Bicycle Storage for Residents.
Developer shall provide a convenient and secure bicycle parking area for residents of the Project in the Subterranean Space and/or the ground floor as shown on the Project Plans but no less than one (1) secure bicycle space per residential bedroom and/or studio. For the purposes of this Exhibit H, Section (d)(2)(i), secure bicycle parking shall mean an enclosed bicycle locker; a fenced, covered, locked or guarded bicycle storage area with bike racks within; a rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or a secure, non-public parking garage. No more than 50% of the secure resident bicycle parking may be provided in a vertical or hanging rack. At least two electrical outlets shall be available in the secure resident bicycle parking area for the use of electrical assisted bicycle charging. Prior to the Project’s Design Review approval, the location and type of secure bicycle storage shall be submitted for review and approval by the Department of Transportation Director or his/her designee. If the secure bicycle storage is not secure individual bicycle lockers, 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 secure residential spaces required by Exhibit H, Section (d)(2)(i). No more than 50% of the short-term bicycle parking may be provided in a vertical or hanging rack. Prior to the Project’s Design Review approval, the location and type of bike racks to be provided shall be submitted for review and approval by the Department of Transportation Director or his/her designee. For each required short-term bicycle parking space, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a highsecurity 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 Project’s Commercial Component Only:
(i) Project Transportation Coordinator. Developer shall designate a Project Transportation Coordinator (the “PTC”) to manage the TDM Plan elements applicable to the Project’s commercial component and participate in City-sponsored workshops and information roundtables relating to transportation demand management. The PTC shall be responsible for making informational materials on options for alternative transportation modes
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and opportunities, particularly programs that involve commuter subsidies such as parking cash out and vanpool subsidies, available to employees of the commercial components of the Project.
In addition, transit fare media and day/month passes shall be made available through the PTC to employees, visitors, and residents during typical business hours to the extent transit providers make such media/passes available for third party distribution/sale (i.e., if a transit provider does not provide physical passes for distribution/sale, the PTC’s role may be assisting employees, visitors and residents with purchasing such passes online or directing them to the nearest location to purchase such passes). In the event that the Project is sold or transferred, the developer shall notify the Department of Transportation Director of the new point of contact for the successor within thirty calendar days of such sale or transfer. At Developer’s option, any responsibilities of the Transportation Coordinator under this Exhibit H may be provided through the TMO contemplated in Exhibit H, Section (e)(1)(ii) below.
(ii) Transportation Management Organization. Developer shall be required to actively participate in the establishment and ongoing activities of a certified Transportation Management Organization ("TMO"), or any successor entity, if established and includes the Project site, including payment of annual dues at a level commensurate with the trip reduction services provided by the TMO and assuming that Developer is granted voting rights commensurate with its dues level, attendance at organizational meetings, providing travel and parking demand data to the TMO, and making available information to commercial tenants relative to the services provided by the TMO. Developer shall require in all leases it executes as landlord for commercial space within the Project that any commercial tenants qualifying as an “employer” as defined in SMMC Section 9.53.020(S) be required to participate in the TMO and that all subleases contain this same provision. At the discretion of Developer, to be approved by the Department of Transportation Director or his/her designee through a Minor Modification, some or all of the services required by this Exhibit H may be provided through the TMO. (iii) Carpool Parking. In compliance with SMMC Section
9.28.150, two vehicular parking spaces shall be designated as preferential parking for carpools/vanpools. If demand for carpool/vanpool parking exceeds the amount provided, as indicated by the annual TDM Plan report, additional preferential carpool/vanpool parking shall be designated in order to meet the demand.
(iv) 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. 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 a daily or monthly rate as follows: A minimum daily rate of $8 shall be charged. If parking spaces are leased on a monthly basis, the monthly rate shall not be less than twenty (20) times the minimum daily rate. Developer may, subject to the Department of Transportation 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.
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Remaining commercial unbundled parking spaces that are not reserved, 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.
If the California Coastal Commission refuses to approve this section’s requirement for unbundled parking for commercial space, this provision shall be null and void and an amendment to this Development Agreement shall not be required. In the event that subsequent California Coastal Commission review of the Project or components of the Project allows the City to require unbundled parking in accordance with this Section, the City reserves the right to require unbundled parking for leases of the Project’s commercial space that are entered into after the unbundled parking requirement becomes effective again. If required by City, such modification shall be deemed as a Minor Modification pursuant to Section 2.4.2 of this Agreement.
(v) AVR Target. For Project employees, Developer shall
endeavor to achieve an average vehicle ridership ("AVR") of 2.2 (the “AVR Target”) within three years of the issuance of the Certificate of Occupancy. The 2.2 AVR shall continue to be achieved and maintained thereafter.
A. Remedy for Not Achieving AVR Target. If the
AVR Target has not been achieved, then, within 60 days of the submission of the annual report showing non-compliance, the Developer shall submit to the Department of Transportation Director modifications to the TDM Plan that are designed to achieve the AVR Target. In addition, during this 60-day period, the Department of Transportation Director or his/her designee 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) designed to achieve the AVR Target shall be implemented within 30 days following approval. Within six (6) months of implementation of the TDM Plan modifications, Developer shall submit a follow-up monitoring report. For purposes of the follow-up monitoring report, Developer may elect to use one of the following methods to calculate AVR achievement in lieu of a comprehensive employee survey: (1) Developer may survey a statistically representative sample of commute modes of peak period employees based on the prior AVR survey, so long as at least 10% of all peak period employees respond; or (2) if Developer has implemented an online or mobile survey tool that allows periodic or automatic reporting of employee transportation modes, Developer may use some or all of the information from said tool to calculate AVR so long as the information used reflects a statistically representative sample of peak period employees. If the follow-up monitoring report documents that the Project continues to not achieve the applicable AVR Target, Developer shall pay the City a penalty (“Compliance Penalty”) of the lesser of (a) the Alternative Compliance Fee pursuant to SMMC Section 9.53.140(E) or (b) a Project-Specific Penalty Fee calculated as follows:
Step 1:
Step 2:
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Step 3:
Step 4:
Project-Specific Penalty Fee = Project-Specific Penalty Fee Rate x Daily Vehicle Reduction Needed to Achieve AVR Target x Workdays Per Year (based on 22 workdays per month) For the purpose of the above calculation: (a) the Project-Specific Penalty Fee Rate shall be the per employee Daily Transportation Allowance as defined in Exhibit H, Section (e)(1)(xv) below; and (b) Total Employee Trips Per Week and Total Vehicle Trips Per Week shall be defined as the sum of both the AM and PM Employee Trips and Vehicle Trips.
Payment of the Compliance Penalty does not constitute AVR attainment and the Developer shall continue to work with the City to modify the TDM plan to reach attainment of the AVR target.
Any Compliance Penalty funds shall be used to pay for the cost of TDM administration, outreach, implementation, and other trip reduction activities intended to offset any employee trips produced by the Project in excess of the target AVR.
B. Failure to Achieve AVR Not a Default.
Developer’s failure to achieve the AVR Target will not constitute a default under this Agreement so long as (a) Developer is continuing to implement additional measures designed to achieve compliance with its AVR Target pursuant to Exhibit H, Section (e)(1)(v)(A) above and (b) Developer has paid the Compliance Penalty pursuant to Exhibit H, Section (e)(1)(v)(A) above.
C. AVR Calculation. AVR calculations and
documentation for a monitoring year shall be based on data obtained from cumulative employee surveys for the Project, undertaken for one consecutive week each year. The survey must be conducted in accordance with SMMC Section 9.53.060(B)(2)(d), except that zero emission vehicles shall be counted as a vehicle arriving at the worksite. (vi) New Employee Orientation. As part of new employee
orientation for new employees of Developer, Developer shall notify Project employees in writing regarding the Project’s TDM Plan, including the TDM Plan’s incentives for employees to commute to/from the Project via a non-single occupancy vehicle commute mode.
Developer shall write the requirements of the New Employee Orientation into any leases executed with commercial tenants of the Project, who shall have ultimate responsibility for adherence to the New Employee Orientation requirements by their own employees. Failure of such tenant to comply with the New Employee Orientation 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 reasonable enforcement actions to bring such tenant into compliance with this lease provision.
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(vii) Parking Cash Out. Developer shall require all commercial tenants to meet the requirements of California Health and Safety Code Section 43845, if applicable (the “Parking Cash Out”). Developer shall require that commercial tenants require its employees accepting the parking cash out to execute a contract agreeing said employee did not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance and did not park in the City of Santa Monica. If an employee is eligible to receive both (a) the Parking Cash Out described in this section and (b) the Daily Transportation Allowance described in Exhibit H, Section (e)(1)(xv) below, commercial tenant shall only be required to offer such employee the greater of the Parking Cash Out and the Daily Transportation Allowance.
Developer shall write the requirements of the Parking Cash Out into any leases executed with commercial tenants of the Project. Commercial tenants 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 reasonable enforcement actions to bring such tenant into compliance with this lease provision. (viii) Employee Incentives Living Close to Project. Developer shall provide incentives for employees that live within one-half mile of the Project to commute to/from the Project via a non-single occupancy vehicle commute mode. Details of the incentives shall be specified in the TDM Plan.
(ix) Bicycle Commuting Training Information. Developer shall provide information regarding availability of bike commute training either on-site or offsite, including on the internet. Such information may be provided by a third-party. (x) Shared Bicycles/Mobility Devices. If City-sponsored Citywide bikeshare or dockless mobility devices are not available within a 2-block radius of the Project site, Developer shall provide free on-site shared bicycles intended for employee use during the workday (e.g. Bike@Work Program).
(xi) Free Bike Valet. Developer shall provide bike valet service, free of charge, during all automobile valet operating hours. This requirement shall only apply if automobile valet service is provided.
(xii) Commuter Matching Services. Developer shall provide commuter matching services for all of its employees on an annual basis and for all of its new employees upon hiring.
(xiii) Employee Flex-Time Schedule. Developer shall provide information about any options available for compressed work schedule, flex-time schedule, and telecommuting and the benefits of such options.
(xiv) Employee Guaranteed Return Trip. Developer shall
provide its employees who rideshare or bicycle to work (this includes transit riders, vanpoolers, walkers, carpool), with a return trip to their point of commute origin at no additional cost to the employee, when a personal emergency situation or unplanned overtime requires it. The
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Developer shall also write the requirements of the Employee Guaranteed Return Trip into any leases it executes as landlord for space within the Project.
Commercial tenants shall have ultimate responsibility for adherence to the Employee Guaranteed Return Trip requirements. Failure of such tenant to comply with the Employee Guaranteed Return Trip 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 reasonable enforcement actions to bring such tenant into compliance with this lease provision. (xv) Daily Transportation Allowance. Developer shall provide employees who use a non-single occupancy vehicle commute mode a daily direct cash subsidy/transportation allowance for each day that they use a non-single occupancy -vehicle commute mode equal to at least 100% of the value of the applicable monthly regional transit pass (i.e., the level of transit pass necessary for commuting to/from employee’s home to the Property) divided by 20 (the “Daily Transportation Allowance”). Developer and City agree that the Metro EZ Pass (or a pass of no substantially greater geographic coverage in this same region) constitutes an applicable regional transit pass and that Developer shall not be obligated to pay for any pass that exceeds the cost of the Metro EZ Pass. If the monthly regional transit pass becomes free, the transportation allowance provided for in this section amount shall be set by Council, provided that such amount is no greater than the lower of (a) that substitute amount charged to other developers (as defined in SMMC 9.53.020(J)) in the DCP area, and (b) the amount of the transportation allowance in effect immediately before the monthly regional transit pass becomes free. An employee accepting the Daily Transportation Allowance shall be required to (i) execute a contract agreeing said employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance and (ii) shall be required to submit a daily commute tracking form affirming that said employee utilized an eligible non-single occupancy vehicle commute mode for at least 51% of their daily commute. The subsidies will be disbursed quarterly at a minimum. The employee recipient must demonstrate compliance as reasonably required by Developer.
Notwithstanding the above, in the event a commercial tenant’s employee qualifies for the Parking Cash Out described in Exhibit H, Section (e)(1)(vii) above, the value of the Daily Transportation Allowance for such commercial tenant’s employees must be at least 110% of the value of the Parking Cash Out divided by 20 and the commercial tenant shall only be required to offer such employee the Daily Transportation Allowance described in this section and not also the Parking Cash Out. Developer shall write the Daily Transportation Allowance requirements into any leases executed with commercial tenants of the Project. Failure of such tenant to comply with the Daily 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 reasonable enforcement actions to bring such tenant into compliance with this lease provision.
(xvi) 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 and hospitality. Such incentives shall include the following:
A. Customer incentive program
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B. Public directions prioritizing rideshare modes
C. Special events rideshare services
D. Shared ride service
(2) Measures Applicable to Project’s Residential Component:
(i) Unbundled Parking. Developer shall not require residents of the rental housing units to lease parking spaces. Any parking space leased by such tenants shall be a separate line item on the lease and priced in accordance with Exhibit H, Section (e)(1)(iv). Developer may, subject to the Department of Transportation Director’s approval, reconfigure the parking spaces and operations from time-to-time in order to facilitate unbundling of parking.
Residential unbundled parking spaces that are not leased or sold to on-site users built for their unit or use may be used for other on-site uses, leased to other on-site tenants, or leased to off-site users on a month-to-month basis.
If the California Coastal Commission refuses to approve this requirement for unbundled parking for the residential rental housing units this provision shall be null and void and an amendment to this Agreement shall not be required.
(ii) Transportation Welcome Package for Residents. The
Developer shall provide new residents of the rental housing units of the Project with one Transportation Welcome Package. The welcome package shall, at a minimum, include the information required in Exhibit H, Section (d)(1)(i)(A)-(F), above. (iii) Local Preference Marketing Plan. The Developer shall prepare and implement a marketing and outreach program for the rental of the rental housing units, except for any on-site affordable units. 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 a 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. 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.
(iv) TMO Participation. The Developer shall actively
participate in the ongoing activities of a certified TMO, if established or any successor entity, and includes the Project site, including attendance at organizational meetings, and making information available to Project residents about the services provided by the TMO. (v) Monthly Transportation Allowance. Developer shall offer a monthly transportation allowance equal to at least 100% 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,
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Metro TAP Pass or equivalent) (the “Monthly Transportation Allowance”). Developer and City agree that the Metro EZ Pass (or a pass of no substantially greater geographic coverage in this same region) constitutes an applicable 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 Monthly Transportation Allowance shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. If any resident qualifies for a discounted transit pass (e.g. senior or child), Developer shall only be obligated to pay the discounted rate applicable to such resident. A resident accepting the Monthly Transportation Allowance shall not lease parking and shall be required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use Santa Monica and will not own or long-term lease an automobile in association with a residential use Santa Monica for so long as they are in receipt of the Monthly 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 Monthly Transportation Allowance if the parent that is primarily responsible for transporting the child is also eligible for the Monthly 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 Monthly Transportation Allowance.
(f) Changes to TDM Plan. Subject to approval by the Department of Transportation Director or his/her designee, the Developer may modify the TDM Plan provided the TDM Plan, as modified, is reasonably anticipated to be equal or superior in its effectiveness at mitigating the traffic-generating effects of the Project.
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EXHIBIT “I-1”
LOCAL HIRING PROGRAM FOR CONSTRUCTION
Local Hiring Policy For Construction. Developer shall implement a local hiring policy (the “Local Hiring Policy”) for construction of the Project, consistent with the following guidelines:
1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by Developer and its contractors at the Project of residents of the City of Santa Monica (the “Targeted Job Applicants”), and in particular, those residents who are “Low-Income Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Project construction employment opportunities and have a fair opportunity to apply and compete for such jobs.
2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. However, only about one-third (32.2 percent) of the City's resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City's resident and non-resident work force is required to commute long distances to find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts.
b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent return from work outside the area. c. The Pico Neighborhood is Santa Monica’s most culturally diverse and economically disadvantaged neighborhood. Serving the most vulnerable members of the Pico Neighborhood has long been a priority for the City of Santa Monica.
Economic recovery and improvement programs, such as local hire opportunities with prioritization for residents in the Pico Neighborhood, defined as the 90404 zip code, would be one important step to support these priorities. 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.
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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 “I-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 Map 2-7 of the City of Santa Monica’s Adopted 6th Cycle 2021-2029 Housing Element or any resident who resides in Santa Monica’s 90404 zip code (Pico Neighborhood);
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, Developer and/or its Contractors are 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.
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5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs related to the construction of the Project, by Developer and its Contractors.
6. Outreach. So that Targeted Job Applicants are made aware of the availability of On-Site Jobs, Developer or its Contractors shall advertise available On-Site Jobs in the Santa Monica Daily Press or similar local media and electronically on a City-sponsored website, if such a resource exists. In addition, Developer shall consult with and provide written notice to at least five first source hiring organizations, which may include but are not limited to the following:
(a) Local first source hiring programs.
(b) Trade unions.
(c) Apprenticeship programs at local colleges.
(d) Santa Monica educational institutions.
(e) Other non-profit organizations involved in referring eligible applicants for job opportunities.
Developer shall also notify the City’s Director of Community Development, or his or her designee, of the availability of On-Site Jobs and solicit the City’s input as to first source hiring organizations or other organizations to provide notice of the On-Site Jobs. If the City’s Director of Community Development, or his or her designee, does not respond to a request for input with thirty (30) days of Developer’s request, Developer’s obligation to solicit City’s input under this Exhibit “I-1”, Section 6 shall be satisfied.
7. Hiring. Developer and its contractor(s) shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs, in accordance with their normal practice to hire the most qualified candidate for each position and shall make a good faith effort to hire Targeted Job Applicants when most qualified or equally qualified as other applicants. The City acknowledges that the Contractors shall determine in their respective subjective business judgment whether any particular Targeted Job Applicant is qualified to perform the On-Site Job for which such Targeted Job Applicant has applied.
Contactors are not precluded from advertising regionally or nationally for employees in addition to its local outreach efforts.
8. Term. The Local Hiring Policy shall continue to apply to the construction of the Project until the final certificate of occupancy for the Project has been issued by the City.
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EXHIBIT “I-2”
LOCAL HIRING PROGRAM FOR PERMANENT EMPLOYMENT
Local Hiring Policy For Permanent Employment. The Developer (if an Operator) or Commercial Operator shall implement a local hiring policy (the “Local Hiring Policy”), consistent with the following guidelines:
1. Purpose. The purpose of the Local Hiring Policy is to facilitate the employment by the commercial tenants of the Project of residents of the City of Santa Monica (the “Targeted Job Applicants”), and in particular, those residents who are “Low-Income Individuals” (defined below) by ensuring Targeted Job Applicants are aware of Project employment opportunities and have a fair opportunity to apply and compete for such jobs. The goal of this policy is local hiring.
2. Findings.
a. Approximately 73,000-74,000 individuals work in the City. The City has a resident labor force of approximately 57,300. However, only about one-third (32.2 percent) of the City's resident labor force works at jobs located in the City, with the balance working outside of the City. Consequently, a significant portion of the City's resident and non-resident work force is required to commute long distances to find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts.
b. Due to their employment outside of the City, many residents of the City are forced to leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parent return from work outside the area. c. The Pico Neighborhood is Santa Monica’s most culturally diverse and economically disadvantaged neighborhood. Serving the most vulnerable members of the Pico Neighborhood has long been a priority for the City of Santa Monica.
Economic recovery and improvement programs, such as local hire opportunities with prioritization for residents in the Pico Neighborhood, defined as the 90404 zip code, would be one important step to support these priorities. d. Of the approximately 45,000 households in the City, thirty percent are defined as low-income households or lower, with eleven percent of these households defined as extremely low income and eight percent very low income. Approximately
7.6% of the City's residents are unemployed.
e. By ensuring that Targeted Job Applicants are aware of and have a fair opportunity to compete for Project jobs, this Local Hiring Policy will facilitate job opportunities to City residents which would expand the City's employment base
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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. 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 Map 2-7 of the City of Santa Monica’s Adopted 6th Cycle 2021-2029 Housing Element or any resident who resides in Santa Monica’s 90404 zip code (Pico Neighborhood);
b. Second Priority: Any resident of a household with no greater than 80% Median Income that resides within the City; and
c. Third Priority: Any resident of a household with no greater than 80% Median Income that resides within a five (5) mile radius of the project site.
For purposes of this Local Hiring Policy, the Commercial Operator is authorized to rely on the most recent year’s income tax records (W-2) and proof of residency (e.g. driver’s license, utility bill, voter registration) if voluntarily submitted by a prospective job applicant for purposes of assessing a Targeted Job Applicant’s place of residence and income.
5. Coverage. The Local Hiring Policy shall apply to all hiring for On-Site Jobs.
Notwithstanding the foregoing, the Local Hiring Policy shall not apply to temporary employees utilized while a permanent employee is temporarily absent or while a replacement is being actively sought for a recently-departed permanent employee.
Furthermore, the Local Hiring Policy shall not preclude the re-hiring of a prior employee or the transfer of an existing employee from another location.
6. Recruitment.
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a. Local Hiring Goal – The Developer has established a local hiring goal of 30% of the total full and part-time jobs in the Project being held by Santa Monica residents. There shall be no penalties to the Developer, nor shall the Developer be deemed to be in default under the Development Agreement, if such goal is not achieved. The Developer shall report its actual local hiring results to the City as part of its annual reports as mandated by Section 10.2 of the Development Agreement. The annual report shall include the following information:
(i) First source hiring organizations that were contacted; (ii) How many referrals from first source hiring organizations were interviewed;
(iii) How many Targeted Job Applicants were hired;
(iv) Any community activities related to recruitment and local hiring that took place in the past calendar year, and;
(v) Recruitment initiatives planned for the following calendar year. b. Advanced Local Recruitment - Initial Hiring for New Business. So that Targeted Job Applicants are made aware of the availability of On-Site Jobs, at least 30 days before recruitment (“Advanced Recruitment Period”) is opened up to general circulation for the initial hiring by a new business, the Commercial Operator shall advertise available On-Site Jobs in the Santa Monica Daily Press, or Santa Monica Police Activity League or similar organization, or similar local media and electronically on a City-sponsored website, if such a resource exists. In addition, the Commercial Operator shall consult with and provide written notice to at least five 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
Commercial Operator shall also notify the City’s Director of Community Development, or his or her designee, of the availability of On-Site Jobs and solicit the City’s input as to first source hiring organizations or other organizations to provide notice of the On-Site Jobs. If the City’s Director of Community Development, or his or her designee, does not respond to a request for input with thirty (30) days of Commercial Operator’s request, Commercial Operator’s
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obligation to solicit City’s input under this Exhibit “I-2”, Section 6(b) shall be satisfied.
The Commercial Operator shall hold the positions open for no more than 30 days in order to allow for referrals from the first source hiring organizations. The Commercial Operator shall review information provided by the selected organizations with respect to all applicants referred by such organizations and interview those individuals, who, following a review of such information, are determined by the Commercial Operator to meet the Commercial Operator’s written minimum qualifications for the position. The Commercial Operator shall maintain a written record explaining the reasons for not selecting any individual referred to Commercial Operator by the selected organizations who was interviewed by Commercial Operator for the position. c. Advanced Local Recruitment - Subsequent Hiring. For subsequent employment opportunities, the Advanced Recruitment Period for Targeted Job Applicants can be reduced to at least 7 days before recruitment is opened up to general circulation. Alternatively, Commercial Operator may also use an established list of potential Targeted Job Applicants of not more than one year old. d. Obligations After Completion of Advanced Recruitment Period. Once these advanced local recruitment obligations have been met, the Commercial Operator is not precluded from advertising regionally or nationally for employees.
7. Hiring. The Commercial Operator shall consider in good faith all applications submitted by Targeted Job Applicants for On-Site Jobs in accordance with their normal practice to hire the most qualified candidate for each position and shall 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
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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.
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Packet Pg. 483 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “J”, Page 1
EXHIBIT “J”
CONSTRUCTION MITIGATION PLAN
1. A construction mitigation plan shall be prepared by the applicant in accordance with SMMC Chapter 8.98, for approval by the following City departments prior to issuance of a building permit: PWD; Fire; 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. Without limiting the generality of the foregoing, this plan shall:
a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Indicate where any cranes are to be located for erection/construction; c. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;
d. Set forth the extent and nature of any pile-driving operations; e. Describe the length and number of any tiebacks which must extend under the public right-of-way and other private properties;
f. Specify the nature and extent of any dewatering and its effect on any adjacent buildings;
g. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;
h. Specify the nature and extent of any helicopter hauling; i. State whether any construction activity beyond normally permitted hours is proposed;
j. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks;
k. Describe construction-period security measures including any fencing, lighting, and security personnel;
l. Provide a grading and drainage plan;
m. Provide a construction-period parking plan which shall minimize use of public streets for parking;
n. List a designated on-site construction manager;
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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. Queuing may occur on the construction site itself to the extent there is space available on the construction site.
e. Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.
f. Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. g. Off-street parking shall be provided for construction workers. This may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica.
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Packet Pg. 485 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “J”, Page 3
Project Coordination Elements That Shall Be Implemented Prior To Commencement of Construction
3. Developer shall implement the following measures before construction is commenced:
a. The traveling public shall be advised of impending construction activities (e.g. information signs, portable message signs, media listing/notification, implementation of an approved traffic control plan).
b. Any construction work requiring encroachment into public rights-of-way, detours or any other work within the public right-of-way shall require approval from the City through issuance of a Use of Public Property Permit, Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any Caltrans Permits required. c. Timely notification of construction schedules shall be given to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Department of Public Works, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 1,000 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
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Packet Pg. 486 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “J”, Page 4
wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. Immediately after commencing dirt removal from the site, the general contractor shall provide the City with written certification that all trucks leaving the site are covered in accordance with this condition of approval.
e. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, streets and sidewalks within 150 feet of the site perimeter shall be swept and cleaned a minimum of twice weekly or as frequently as required by the PWD. f. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 25 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 25 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust. As an alternative to discontinuing work, compliance with Rule 403, Table 3 control measures may be implemented in accordance with Rule 403 Section (g)(2). Securely cover all material transported on and off-site to prevent excessive amounts of dust.
i. Limit on-site vehicle speeds to 15 mph.
j. Sweep streets at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).
k. Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation.
5. Construction equipment used on the site shall meet the following conditions in order to minimize NOx and ROC emissions:
a. Diesel-powered equipment such as booster pumps or generators should be replaced by electric equipment to the extent feasible; and
b. The operation of heavy-duty construction equipment shall be limited to no more than 5 pieces of equipment at one time.
c. Developer shall ensure that architectural coatings used on the Project comply with SCAQMD Rule 1113, which limits the VOC content or architectural coatings.
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Packet Pg. 487 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “J”, Page 5
Noise Attenuation
6. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers.
7. Electrical power shall be used to run air compressors and similar power tools.
8. For all noise-generating activity on the project site associated with the installation of new facilities, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors.
9. Pile driving, excavation, foundation-laying, and conditioning activities (the noisiest phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00 PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code.
10. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels at to 83 dB or less from 8:00 to 6:00 PM weekdays and 9:00 AM to 5:00 PM Saturdays. Per the Noise Ordinance, construction noise may exceed 83 dB if it only occurs between 10:00 AM and 3:00 PM.
Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers around the perimeter of the project construction site.
Construction Period
11. Any construction related activity in the public right-of-way will be required to acquire the approvals by the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans.
12. During construction, a security fence eight feet in height shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.
13. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.
14. Developer shall prepare a notice, subject to the review by the Director of 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 1,000 feet of the Project at least five (5) days prior to the start of construction.
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15. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.
16. A copy of these conditions shall be posted in an easily visible and accessible location 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. 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 Municipal Code Chapter 9.61, Signs, including Section 9.61.160(C) Temporary Sign Regulations.
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Packet Pg. 489 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “K”, Page 1
EXHIBIT “K”
PERMITTED FEES AND EXACTIONS
1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made:
(a) Upon submittal for Design Review, Developer shall pay City fees for processing of Certificate of Appropriateness and ARB applications, as applicable; (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, Landscape, Excavation and Shoring Permit fees (collected by Building & Safety)
• Shoring Tieback fee (collected by Public Works Department) • Construction and Demolition (C&D) Waste Management performance security fee (SMMC Chapter 8.108) (collected by the Public Works Department)
• Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by the Public Works Department)
• Water Capital Facilities Fee & Water Meter Installation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by the Public Works Department)
• Fireline Meter fee (SMMC Section 7.12.090) (collected by the Public Works Department)
• Water Neutrality Fee (SMMC 7.16.050) (collected by the Public Works Department)
(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.
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Packet Pg. 490 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “K”, Page 2
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) (Public Works Department)
• Utility Excavation Permit fee (SMMC 7.06.070) (Public Works Department) • Street Permit fee (SMMC 7.04.790) (Public Works Department)
3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.
4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an invoice for same from the City.
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Packet Pg. 491 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “L”, Page
1 EXHIBIT“L”
DESIGN REVIEW DIAGRAM
[Behind this page.]
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UP
M
DN
UP
DN
UP
DN
UP E
MAIN
ENTRANCE
10% 20% RAMP DOWN FROM ALLEY
ONE WAY
CULTURAL
USES
ENTRY LOBBY
CULTURAL
USES
CULTURAL
USES
CU
LOADING
CULTURAL
USES
WC
BOH
46'-5"
36'-3"
70'-10"
33'-0"
UP
HOTEL
LOBBY
OBS
LOBBY
EVENT
LOBBY
HOTEL
BOH
RETAIL /
RESTAURANT
BOH
RETAIL/
RESTAURANT
GUEST LOBBY
SERVICE / OBS
LOBBY
PRIMARY
TRANSFORMER
ROOM
TRASH AND
RECYCLING
GENERATOR
ROOM SECURITY OFFICE
WC
PP
HH
SP
SIGN AT BUILDING
FACE STARTING
14'-0" MIN. CLR HEIGHT
SIGN AT BUILDING
FACE STARTING
15'-5" MIN. CLR HEIGHT
PAVEMENT STRIPING TO SHOW
WHERE RRR TRUCK LOADING
OPERATIONS MUST OCCUR.
20' MIN.
20' MIN.
20' MIN.
80'-0" RIDE SHARE / PASSENGER LOADING ZONE
SPANISH COLONIAL
LANDMARK BUILDING
QUEEN ANNE
LANDMARK BUILDING
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
SANTA MONICA BLVD.
2ND ST.
1ST COURT
OCEAN AVE.
NEW VEHICULAR ALLEY
RETAIL
RETAIL
RETAIL
RESIDENTIAL
MAIN
LOBBY
RETAIL /
RESTAURANT
RETAIL /
RESTAURANT
LOADING
DOCK
LEASING
OFFICE
10%
20% RAMP
UP FROM
LEVEL B3
ONE WAY
WATER
METER
GAS
METER
FIRE
COMMAND
CENTER
DATA
INCOMING
SERVICE
ROOM
COM. COM.
D
BLDG
A
LOBBY
MAIL
ROOM
PACKAGE
ROOM
PARCEL
ROOM ELEC.
TRASH
AND
RECYCLING
SEE NOTE A
4'-0" 4'-0" 5'-0"
DN
UP
DN
UP
DN
DN
UP
DN
UP
R
R
R
R R R
S
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-201 1/16"=1'-0"
FLOOR PLANLEVEL 01
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
NOTE A
TRASH LOADING CONCEPT IS TO UTILIZE
PORTABLE INDUSTRIAL LIFTS TO UNLOADPRIVATE CONTAINERS BY THE BUILDINGS OPERATIONAL STAFF.CITY BINS ARE NOT INTENDED TO BE MOVED EXCEPT BY CITY RRR STAFF.
CONCEPT WILL BE FURTHER DEVELOPED BY A
WASTE / RECYCLING MANAGEMENT CONSULTANT
DURING SCHEMATIC DESIGN.
SK-0318.1
BOUNDARY for LANDMARKSCOMMISSION DESIGN REVIEW
Exhibit "L"
p. 1
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Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) DN
M
DN
DN
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CULTURAL
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OPEN TO BELOW
OPEN TO BELOW
OPEN TO BELOW
BOH
80'-10"
40'-6"
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ELEC.
R
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R
B2.01
1 BR
B2.02
2 BR
B2.03
1 BR
B2.04
1 BR
C2.01
1 BR
C2.02
1 BR
C2.03
1 BR
D2.01
1 BR
D2.02
3 BR
D2.03
1 BR
D2.05
1 BR
D2.04
2 BR
D2.06
1 BR
RETAIL/ RESTAURANT
C2.04
STUDIO
A2.01
1 BR
A2.03
2 BR
A2.04
1 BR
A2.05
STUDIO
D2.07
STUDIO
D2.08
1 BR
A2.02
STUDIO
D
H2.01
1.5 BAY
H2.02
1.5 BAY
H2.03
1 BAY
H2.04
1 BAY
H2.05
1 BAY
H2.06
1 BAY
H2.07
1 BAY
H2.08
1 BAY
H2.09
1 BAY
H2.10
1 BAY
HH
SS
WC
LOUNGE
POOL
BAR
MEETING
ROOM 2
MEETING
ROOM 1
POOL
BUSINESS
CENTER
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN
TELECOM
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202A3-201
A3-202
A3-201A3-206
2007-032
THE
OCEAN
AVENUE
PROJECT
GEHRY PARTNERS, LLP.
ARCHITECTCLIENT
WORTHE
REAL ESTATE GROUP
TRUE NORTH A2-202 1/16"=1'-0"
FLOOR PLANLEVEL 02
Conceptual Plan
for Reference Only
Design Work in Progress
LEGEND
HOTELPUBLIC / OBS. DECK
SERVICE AND MECHANICAL
RETAIL/ RESTAURANT
CULTURAL USES
RESIDENTIAL
SK-0318.2
BOUNDARY for LANDMARKSCOMMISSION DESIGN REVIEW
Exhibit "L"
p. 2
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Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “M”, Page 1
EXHIBIT “M”
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
Recording Requested By and
When Recorded Mail To:
Harding, Larmore, Kutcher & Kozal, LLP
1250 Sixth Street, Suite 200
Santa Monica, CA 90401
Attn: Paula J. Larmore
________________________________________________________________________
ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into by and between ___________________________, a _____________________________ (“Assignor”), and ________________________, a __________________ (“Assignee”).
R E C I T A L S
[NOTE TO DRAFTER: This form Assignment and Assumption Agreement is drafted for a purchase and sale of the full Project Site. If the transfer is other than a purchase and sale and/or less than the entire Project Site is being transferred, this form needs to be revised. Notably, if less than the entire Project Site is being transferred and/or the Project Site or any portion therefore is being transferred to more than one owner, this form needs to be revised to add joint and several liability for all owners of the Project Site in accordance with Development Agreement Section 13.2.]
A. The City of Santa Monica (“City”) and Assignor entered into that certain Development Agreement dated _______________, ____ (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.
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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 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 (a) delivery of this Agreement (b) the assignment and assumption contained herein, and (c) the release of Assignor in accordance with Section 13.2 of the Development Agreement. 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 Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below.
“ASSIGNOR”
_________________________________
“ASSIGNEE”
_____________________________
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Packet Pg. 496 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “M”, Page 3
RECEIPT BY CITY
The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this ___ day of ________________, ________.
CITY OF SANTA MONICA
___________________________________
By: _______________________________
Community Development Director
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Packet Pg. 497 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “N”, Page 1
EXHIBIT “N”
FORM OF FIRST COURT ALLEY AIRSPACE LICENSE AND PEDESTRIAN MALL
MAINTENANCE AGREEMENT
FIRST COURT ALLEY LICENSE AND
PEDESTRIAN MALL MAINTENANCE AGREEMENT
This First Court Alley License and Pedestrian Mall Maintenance Agreement (hereinafter “Agreement”) is made and entered into as of this ____ day of ________________, 20__ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (hereinafter “City”), and BELLE VUE PLAZA, a California limited partnership, and OCEAN AVENUE PARTNERS, LLC, a Delaware limited liability company (hereinafter jointly “Developer”), with reference to the following:
R E C I TA L S:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. City is the owner of the public right-of-way interest in First Court alley, an approximately 20’-wide north-south public alley connecting Arizona Avenue (on the north) to Santa Monica Boulevard (on the south), in the City of Santa Monica, County of Los Angeles, State of California. Vehicle traffic travels one-way (southbound only) on First Court alley.
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C. Developer is the owner of multiple parcels of real property commonly known as 1327-1337 Ocean Avenue and 101 Santa Monica Boulevard (all of which are located west of First Court and fronting on Ocean Avenue, collectively referred to as the “Ocean Avenue Parcel”) and 129 Santa Monica Boulevard (located on the east side of First Court and fronting on Second Street, referred to as the “Second Street Parcel”) in the City of Santa Monica, County of Los Angeles, State of California (collectively, the “Project Site”). A map of the Project Site is included as Exhibit “A”.
D. Developer is redeveloping the Project Site with a mixed-use project (“Project”) consisting of, among other things, a hotel, residential rental units, a Cultural Uses Campus, as well as other commercial uses, and subterranean parking. Developer and the City have entered into a Development Agreement dated _______________, 202___ for reference purposes, and recorded on __________ in the Office of the Los Angeles County Recorder as Instrument No. ______________ (the (“Development Agreement”) governing the development and operation of the Project on the Project Site. The off-site improvement plans for the Project approved by the City on [date] (“Construction Plans”) are on file with the City (Ref # of stamped drawings).
E. As a component of the Project, general vehicle traffic on First Court alley will be re-routed onto Second Street through a new public alley to be located on the northern portion of the Second Street Parcel (the “Re-routed Alley”). Developer shall separately provide the City with a public right-of-way easement for the Re-routed Alley pursuant to the easement agreement being executed and recorded concurrently herewith (the “Easement Agreement for Re-Routed Alley”).
F. On May 24, 2022, the City Council adopted Resolution No. 11420 stating its intention to adopt a pedestrian mall on a portion of First Court alley adjacent to the Project site (“Pedestrian Mall”) pursuant to the Pedestrian Mall Law of 1960, California Streets & Highways Code Sections 11000 et seq., and setting a public hearing date of September 27, 2022 for the City Council to make a determination on the adoption of the Pedestrian Mall. The Pedestrian Mall is more particularly described in the Legal Description and plat map attached hereto as Exhibit “B”.
G. On __________, 2022, the City Council adopted Resolution No.___________ determining that the Pedestrian Mall shall be established and introduced for first reading Ordinance No. _____establishing the Pedestrian Mall.
H. On __________, 2022, the City Council adopted Ordinance No. _________ establishing the Pedestrian Mall.
I. Consistent with California Streets and Highways Code Sections 11100, et seq., City and Developer propose that Developer will improve and maintain at Developer’s sole cost and expense certain pedestrian improvements on the surface of the Pedestrian Mall in the location shown on the Construction Plans. The pedestrian improvements are intended to enhance the pedestrian connectivity and overall pedestrian experience adjacent to and through the Project. The City’s property rights as to the Pedestrian Mall shall remain intact, but Developer shall be obligated to clean, repair and maintain the surface of the Pedestrian Mall and its improvements as provided in this Agreement.
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J. The Project includes two subterranean tunnels (“Tunnels”) that will be located beneath portions of the Pedestrian Mall in order to: (a) connect the Project’s subterranean garage located beneath Developer’s property on either side of the Pedestrian Mall, (b) minimize the number of curb cuts and (c) internalize vehicle circulation within the Project. Both Tunnels will be two levels established at the Project’s subterranean levels B2 and B3. The Project also includes elevated residential open space on the Project’s second floor that is located on a platform that projects above the Pedestrian Mall (“Platform”). The general public will have no right to use this Platform; its use will be reserved for residents of the Project and their guests. As specified below, Developer will bear the full cost and expense of designing, constructing, maintaining and repairing the Tunnels and the Platform during the Term of this Agreement and any extensions hereof.
K. The City and Developer are entering into this Agreement to document the Developer’s obligations as to the Pedestrian Mall. This Agreement also provides the Developer with a license to use the airspace and subterranean space above and below First Court alley for purposes of giving Developer access and use rights as specified herein.
NOW, THEREFORE, in furtherance of the foregoing Recitals, in consideration of the mutual covenants contained herein and in exchange for the valuable consideration receipt of which is hereby acknowledged, the parties to this Agreement hereby agree as follows:
TERMS
SECTION 1. TERM OF AGREEMENT.
This Agreement shall commence on the Execution Date and terminate automatically upon the earlier to occur of (i) the reversion of First Court alley’s use as a vehicular public right-of-way consistent with Streets & Highways Code Section 11603 (as amended from time to time), (ii) the termination of this Agreement, or (iii) the termination of the Re-routed Alley as a public right of way (“Term”). Notwithstanding the foregoing, in the event termination is due to either subsections 1(i) or 1(iii), and Developer is not then in material breach of this Agreement as to any portion of the License Area, then Developer’s license for the License Area (as described in Section 4 below) shall continue so long as Developer continues to comply with its maintenance, repair and insurance obligations as to the License Area.
SECTION 2. PEDESTRIAN MALL IMPROVEMENTS.
Conditioned upon the City’s adoption of the Pedestrian Mall in accordance with the Streets & Highway Code Section 11000 et seq., prior to issuance of the Project’s Certificate of Occupancy for the Hotel Building (as defined by the Development Agreement), Developer shall construct the Pedestrian Mall improvements in accordance with that certain Offsite Improvement plan no. [____], approved by the City Engineer on [date], which is attached hereto as Exhibit “C”, and any modifications thereto approved by the City Engineer (the “Pedestrian Mall Improvements”).
The City reserves and retains all powers and responsibility for policing and enforcement of the Pedestrian Mall as a public right-of-way. The City also retains and reserves the right, without cause, to terminate the Pedestrian Mall at any time during the Term and revert its use to that of a
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Packet Pg. 500 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “N”, Page 4
public alley consistent with Streets & Highways Code Section 11603; provided, however, that the termination of the Pedestrian Mall shall cause the concurrent termination of the Re-Routed Alley easement described in Recital E, herein.
In accordance with Ordinance No. _____ (CCS) and California Streets & Highways Code Section 11101(b), members of the general public shall be prohibited from driving private motorized vehicles across the Pedestrian Mall. Notwithstanding this prohibition as to vehicular access by the general public, the City reserves the right to traverse across the Pedestrian Mall with police, fire and other municipal and emergency vehicles in the manner and times it deems necessary and appropriate in its sole and absolute discretion. Developer shall provide the City with access through a controlled-access point (e.g. gate or bollards) to be installed by Developer across the north end of the Pedestrian Mall and a controlled-access point (e.g. retractable bollards) to be installed by Developer across the curb cut at the south end of the Pedestrian Mall, in accordance with the off-site improvement plans approved by the City Engineer. Furthermore, Developer shall have the right to vehicle access during the course of performing its duties of construction, maintenance or repair of the Pedestrian Mall Improvements.
SECTION 3. PUBLIC UTILITIES.
Developer acknowledges, understands and agrees that the City and other publicly or privately owned utilities with statutory or other legal rights to install or access utilities under First Court alley (referenced hereinafter as “Utility Provider(s)”) may require new installation/maintenance/repair/replacement/upgrades of their respective utilities (referenced hereinafter as “Utility Improvements”) under the surface of First Court alley, including the Pedestrian Mall, as deemed necessary by the respective Utility Providers.
Developer additionally acknowledges, understands and agrees that such Utility Providers may cause resulting damage to or removal of the Pedestrian Mall Improvements as a result of the need to make Utility Improvements, the City shall bear no responsibility for the repair or replacement of the Pedestrian Mall Improvements as a result of such damage, and the Developer shall replace or repair the Pedestrian Mall Improvements as a result of the Utility Improvements as soon as reasonably possible but no later than thirty (30) days, subject to any then-existing permit requirements of the City and the approval of the City Engineer.
SECTION 4. GRANT OF LICENSE.
4.1 Definition of License Area.
A. Platform License Area. The phrase “Platform License Area” shall mean and refer to the volume of airspace above a portion of the Pedestrian Mall as described in this Agreement and more fully set forth in the legal description attached hereto on Exhibit “D”, incorporated herein by reference, and based that certain Offsite Improvement plan no. [____], approved by the City Engineer on [date], which is attached hereto as Exhibit “E”, and any modifications thereto approved by the City Engineer (“Platform Improvement Plan”).
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B. Tunnel License Areas. The phrase “Tunnel License Areas” shall mean and refer to the two subsurface volumes of airspace beneath a portion of the Pedestrian Mall as more fully set forth in legal description attached hereto on Exhibit ”F”, and based upon that certain Offsite Improvement plan no. [____], approved by the City Engineer on [date], which is attached hereto as Exhibit “G” ”, and any modifications thereto approved by the City Engineer (“Tunnel Improvement Plan”). The Tunnels will physically connect two of the Project’s subterranean parking levels on the Ocean Avenue Parcel with the those on the Second Street Parcel, as shown on the Construction Plans. In accordance with Exhibit G, the Tunnel License Area will be located below existing utilities located beneath the Pedestrian Mall.
C. License Area. The Platform License Area and the Tunnel License Areas may be collectively referred to as the “License Area” in this Agreement.
4.2 Grant of License for Platform. On the terms and conditions set forth in this Agreement, the City hereby grants to Developer an exclusive License within the Platform License Areas for (1) the construction, maintenance and repair/reconstruction of the Platform in accordance with Exhibit “E” and (2) the use and enjoyment of the Platform by Developer’s tenants, guests, invitees, employees, contractors, subcontractors and consultants, as well as guests and invitees of Developer’s tenants (“Permitted Users of Platform License Area”). The rights granted herein shall be exercised consistent with the terms and conditions of the Development Agreement, as may be modified from time to time. The general public shall have no right of access to the Platform.
4.3 Grant of License for Tunnels. On the terms and conditions set forth in this Agreement, the City hereby grants to Developer an exclusive License within the Tunnel License Areas for: (1) the construction, maintenance and repair/reconstruction of the two dual-level subterranean Tunnels connecting the Ocean Avenue Parcel and the Second Street Parcels at the second and third levels of the Project’s subterranean levels beneath the Pedestrian Mall in accordance with Exhibit “G” and (2) the use of the Tunnels by Developer’s guests, invitees, employees, contractors, subcontractors and consultants, as well as guests and invitees of Developer’s tenants (“Permitted Users of Tunnel License Areas”). The rights of access to the Tunnels shall be monitored and controlled by the Developer in accordance with the Development Agreement, as may be modified from time to time, and all applicable laws and regulations.
4.4 Reservation of City’s Property Rights as to First Court Alley. Except only as altered by the rights, privileges and obligations granted to and imposed upon Developer by this Agreement, the City’s property rights as to the entirety of First Court, including the Pedestrian Mall, will remain intact.
SECTION 5. CONSIDERATION.
Developer’s construction of the Pedestrian Mall Improvements and grant of the easement for the Re-routed Alley constitute full and complete consideration for the City’s grant of the licenses granted hereunder.
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SECTION 6. MAINTENANCE AND REPAIRS.
6.1 Maintenance and Repairs of the Pedestrian Mall.
A. During the Term of this Agreement, Developer, at its sole obligation and expense, shall keep the mutually agreed upon improvements to the Pedestrian Mall and all of the surface of the Pedestrian Mall in a good order, condition and repair.
B. Developer, at its sole obligation and expense, shall maintain the Pedestrian Mall and its improvements in a clean and safe condition in accordance with a maintenance plan (the “Maintenance Plan”), which shall include, without limitation, keeping the Pedestrian Mall’s surface evenly covered with the type of surfacing material originally installed thereon, or with substitute thereof approved by the City’s Public Works Director; promptly removing stray papers, debris and refuse; washing or thoroughly sweeping the surface thereof; periodically cleaning any lighting fixtures and replacing nonfunctioning bulbs as and when needed; maintaining any landscaping in a thriving condition; maintaining all signage in a clean and orderly condition; monitoring for and promptly removing graffiti; inspections for wear and repair/replacement as needed, and preventative care as needed. The Maintenance Plan as approved by the City’s Director of Public Works is attached hereto as Exhibit “H”. The Maintenance Plan may be amended from time to time upon mutual agreement of the Developer and the Director of Public Works.
C. If during the Term of this Agreement, any damage or destruction occurs to the Pedestrian Mall, including as a necessary result of Utility Improvements as described further in Section 3 above, Developer shall bear the cost to restore, repair or rebuild such damaged portions of the Pedestrian Mall to its prior condition unless otherwise agreed to in writing by City.
D. If at any time a determination is made by the City that the Pedestrian Mall is not safe due to conditions requiring maintenance and repairs, the City shall provide written notification to Developer. City is authorized to take immediate steps to discontinue use of the unsafe Pedestrian Mall by the public until all required repairs are performed. Any maintenance, repairs, or replacement/reconstruction necessary to make the Pedestrian Mall safe shall be performed promptly by Developer and in accordance with all applicable laws and governmental permits and inspections. All such work shall be completed with due diligence.
E. Developer’s failure to perform necessary maintenance and repairs required by this Section 6.1, after default and an opportunity to cure, shall constitute a material default of this Agreement subject to Section 17, below. In such event, City shall have the right, but no obligation, to make repairs at the Developer’s expense or, alternatively, to exercise its right to terminate this Agreement and remove the Pedestrian Mall improvements at the Developer’s expense. If City elects to perform any such maintenance or repairs, then upon completion of such maintenance or repairs Developer shall pay all costs incurred within ten (10) days of receipt of the City’s invoice. Failure to timely pay such costs shall constitute a material default of this Agreement. Notwithstanding the foregoing, Developer shall be excused from performing any obligation or undertaking in this Section 6.1 in the event and so long as the performance of any such obligation or undertaking is prevented or delayed or hindered by (a) war, insurrection, walkouts, riots, acts of terrorism, floods, pandemic, earthquakes, fires, casualties, acts of God, or similar
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grounds for excused performances or (b) inability to secure necessary labor, materials or tools, due to strikes, lockouts, or similar labor disputes or due to a global pandemic.
F. Notwithstanding the foregoing, if the Project is damaged/destroyed and not repaired/rebuilt pursuant to Section 26.1(b), then Section 26.2 (Restoration of Public Property and Termination of Re-Routed Alley License) shall apply instead of this Section 6.1.
6.2 Maintenance and Repairs of the License Area and Improvements Thereon.
A. Developer, at its sole obligation and expense, shall keep the Platform and Tunnels, including all structural and nonstructural components of the Platform and Tunnels, and all of the License Area in a good order, condition and repair.
B. Developer shall maintain the Platform and Tunnels in a clean and safe condition which shall include, without limitation, sweeping, visual inspection for graffiti, graffiti removal, inspections for wear and repair as needed, and preventative care as needed, including painting.
C. If at any time a determination is made that the Platform and/or Tunnels are not safe due to conditions requiring maintenance and repairs, Developer shall take immediate steps to discontinue use of the unsafe Platform and/or unsafe Tunnel(s) until all required repairs are performed. Any maintenance or repairs necessary to make the Platform and/or Tunnels safe shall be performed promptly and in accordance with all applicable laws and governmental permits and inspections.
D. Developer’s failure to perform necessary maintenance and repairs required by this provision, after default and an opportunity to cure, shall constitute a material default of this Agreement subject to Section 17, below.
E. Notwithstanding the foregoing, if the Project is damaged/destroyed and not repaired/rebuilt pursuant to Section 26.1(b), then Section 26.2 (Restoration of Public Property and Termination of Re-Routed Alley License) shall apply instead of this Section 6.2.
SECTION 7. CONDUCT AND RIGHTS OF ENTRY TO LICENSE AREA BY CITY.
The Developer shall at all times conduct its operations within the License Area in such a manner so that the License Area shall not become or constitute a nuisance either public or private.
Notwithstanding anything to the contrary, it is expressly understood and agreed that the City, any authorized agent thereof, and any Utility Provider shall have the right of entry onto and upon the License Area for the purposes of making Utility Improvements within the License Area. City shall use reasonable good faith efforts to exercise its rights of access in such a manner as to avoid the City’s unreasonable or unnecessary interference with the Developer’s use of the License Area and provide at least seventy-two (72) hours prior written notice to Developer; however, such right of entry shall be permitted without any prior notice whatsoever in the event of an emergency.
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Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that the City: (i) cannot guarantee nor shall it assume any liability in the event that any other public agency or Utility Provider fails to give to Developer such notice as described herein above, and (ii) shall not be responsible or liable for the acts, errors, or omissions of any other public agency or third party with respect to such other public agency’s or third party’s actions regarding Utility Improvements within the License Area.
SECTION 8. EMPLOYEES’ AND MECHANICS’ LIENS
At all times during the Term of this Agreement, Developer shall keep the License Area and Pedestrian Mall free and clear of any mechanics’ liens and any other liens for labor, services, supplies, equipment, or material incurred by Developer. Developer shall at all times fully pay and discharge and wholly protect, defend, and hold harmless the City on account of those liens, claims, assertions, or the filing thereof.
SECTION 9. TAXES.
In the event that the Los Angeles County Assessor determines that this Agreement creates a possessory interest in public property, which is subject to taxation, Developer shall pay any and all taxes levied upon such interest. Developer shall also pay any and all taxes levied upon personal property and improvements belonging to Developer within the License Area, as well as all sales and other taxes levied against the Developer’s operations.
SECTION 10. INSURANCE REQUIREMENTS.
Prior to Developer commencing construction of the Project, Developer shall procure and maintain at Developer’s own cost and expense for the duration the Term of this Agreement, insurance as set forth in Exhibit “I” covering the Pedestrian Mall and License Area.
SECTION 11. LAWS AND REGULATIONS.
In fulfilling its obligations under this Agreement, Developer shall comply with applicable laws, ordinances, statutes, rules and regulations enacted by the City of Santa Monica, County of Los Angeles, State of California and Federal Government. Developer shall be required to obtain any and all building permits that may be required in connection with the construction of the Platform, the Tunnels and any other improvements in the License Area, as well as the Pedestrian Mall. Nothing in this Agreement shall be interpreted as a waiver or modification of any laws.
SECTION 12. PERMITS AND LICENSES.
Developer shall be required to obtain any and all permits or licenses that may be required from time to time in connection with the operation of its business activities in the License Area.
By executing this Agreement, Developer understands, acknowledges and agrees that City is acting in its proprietary capacity and nothing herein shall be interpreted as a waiver or modification of Developer’s obligations to obtain required permits for any off-site improvements for the Project
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or associated work contemplated in this Agreement. Similarly, nothing herein shall be deemed as the City’s regulatory pre-approval of any such improvements or work.
SECTION 13. TRANSFER.
This Agreement shall not be severable from Developer’s (or its successors or assigns) interest in the Project Site and any transfer of the Project Site or any portion thereof, shall automatically operate to transfer the benefits and burdens of this Agreement with respect to the transferred Project Site or transferred portions, as applicable.
SECTION 14. WAIVER OF BREACH.
A waiver by the City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character.
SECTION 15. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION.
15.1 As to Pedestrian Mall.
Developer shall indemnify, defend and hold harmless City, including but not limited to members of its City Council, boards and commissions, officers, agents, and employees and volunteers (collectively the “City Indemnitees”), from and against any and all loss, damages, liability, claims, demands, suits, costs and expenses, whatsoever, including reasonable attorneys’ fees and judgments, arising directly or indirectly from or related to (i) the physical condition of the improvements to the Pedestrian Mall; (ii) the maintenance or lack of maintenance of the Pedestrian Mall by Developer, its officers, agents, contractors, consultants, employees, and representatives; (iii) the breach or default in the performance of any obligation of the Developer as to the Pedestrian Mall under this Agreement; (iv) any negligence or willful misconduct by the Developer or any of its officers, agents, contractors, consultants, employees, and representatives, and (v) claims from any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with services or work conducted or performed at Developer’s request as to the Pedestrian Mall. Notwithstanding anything to the contrary, Developer shall not be responsible for claims arising from the sole active negligence or willful misconduct of the City.
This indemnification shall survive the termination of the Pedestrian Mall as to any and all claims arising during the Pedestrian Mall Term.
15.2 As to License Area.
Developer shall indemnify, defend and hold harmless City Indemnitees from and against any and all loss, damages, liability, claims, demands, suits, costs and expenses, whatsoever, including reasonable attorneys’ fees and judgments, arising directly or indirectly from or related to (i) the condition of the License Area and improvements thereon; (ii) use of the License Area and improvements thereon by Permitted Users of Tunnel License Areas and Permitted Users of
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Platform License Area; (iii) the conduct of Developer’s business, activities and operations in, upon or about the License Area; (iv) the breach or default in the performance of any obligation of Developer as to the License Area under this Agreement; (v) any negligence or willful misconduct by the Permitted Users of Tunnel License Areas and Permitted Users of Platform License Area; and (vi) claims from any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with services or work conducted or performed at Developer’s request as to the License Area. Notwithstanding anything to the contrary, Developer shall not be responsible for claims arising from the sole active negligence or willful misconduct of the City.
These indemnification provisions shall survive the termination of this Agreement as to any and all claims arising during the Term of this Agreement.
SECTION 16. INDEPENDENT CONTRACTOR.
It is understood and agreed that Developer, in the performance of this Agreement, will be acting in the wholly independent capacity and not as the agent, employee, partner, or joint venturer of the City.
SECTION 17. DEFAULT.
17.1 Material Events of Default. The failure of Developer to perform any of the covenants, conditions or provisions of this Agreement, including, the obligation to maintain and repair the Platform, Tunnels, and/or Pedestrian Mall, where such failure continues without Developer having initiated steps to remedy for longer than thirty (30) calendar days after written notice thereof from the City to the Developer shall constitute a material default and breach of this Agreement by Developer.
17.2 Notice of Default and Opportunity to Cure. In the event Developer fails or refuses to perform any material provisions of this Agreement at the time and in the manner required hereunder, City shall send to Developer a notice of default. If such default is not cured within a period of thirty (30) days after receipt by Developer from City of written notice of default, the remedies in Section 17.3 shall apply; provided, however, that if the nature of Developer’s noncompliance is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion.
17.3 Remedies.
(i) Platform. In the event of any material default or breach by the Developer with respect to the Platform License Area, the City may perform or cause to be performed any unfulfilled obligations of Developer with respect to the Platform and be reimbursed by Developer for the cost thereof within fifteen (15) calendar days after delivery to Developer of the written receipts reflecting the cost expended by the City. In addition, in the event the Developer fails to cure any default with respect to the Platform License Area, the City shall have the right to terminate the license for the Platform License Area and all of the Developer’s rights thereto. Upon
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termination of the license for the Platform License Area, Developer shall promptly initiate and diligently pursue all steps necessary to remove the Platform from the Platform License Area. All costs incurred by the City relating to this default and remedy shall be chargeable to the Developer.
The termination of the license for the Platform pursuant to this Section 17.3(i) shall not constitute an automatic default of the license for the Tunnels unless there is a concurrent event of any material default or breach by the Developer with respect to the Tunnel License Areas. (ii) Tunnels. In the event of any material default or breach by the Developer with respect to the Tunnel License Areas, the City may perform or cause to be performed any unfulfilled obligations of Developer with respect to the Tunnel License Areas and be reimbursed by Developer for the cost thereof within fifteen (15) calendar days after delivery to Developer of the written receipts reflecting the cost expended by the City. In addition, in the event the Developer fails to cure any default with respect to the Tunnel License Areas, the City shall have the right to terminate the license for the Tunnel License Areas and all of the Developer’s rights thereto; provided, however, that City shall provide Developer with sufficient time to reconfigure vehicular ingress/egress to/from the subterranean garages. Upon termination of the license for the Tunnel License Areas, Developer shall promptly initiate and diligently pursue all steps necessary to remove the two subterranean tunnels and all improvements from the Tunnel License Areas. All costs incurred by the City relating to this default and remedy shall be chargeable to the Developer.
The termination of the license for the Tunnels pursuant to this Section 17.3(ii) shall not constitute an automatic default of the license for the Platform, unless there is a concurrent event of any material default or breach by the Developer with respect to the Platform License Area. (iii) Pedestrian Mall. In the event of any material default or breach by the Developer with respect to the Pedestrian Mall, the City may perform or cause to be performed any unfulfilled obligations of Developer with respect to the Pedestrian Mall and be reimbursed by Developer for the cost thereof within fifteen (15) calendar days after delivery to Developer of the written receipts reflecting the cost expended by the City. In addition, in the event the Developer fails to cure any default with respect to the Pedestrian Mall and the City reverts its use to that of a public alley consistent with Streets & Highways Code Section 11603, City shall not be obligated to reimburse Developer for any costs Developer has incurred with respect to designing, constructing or improving the Pedestrian Mall. Upon such a termination of the Pedestrian Mall, Developer shall promptly initiate and diligently pursue all steps necessary to remove the Pedestrian Mall Improvements and repave First Court Alley in accordance with Section 26.2. City shall, at Developer’s request promptly execute any documents required to terminate the easement being granted to the City as described in Recital E for the Re-Routed Alley and terminate use of the easement concurrently with any termination of the Pedestrian Mall. The termination of the Pedestrian Mall pursuant to this Section 17.3(iii) shall not constitute an automatic default of the Platform or Tunnel licenses unless there is a concurrent event of any material default or breach by the Developer with respect to the Platform License Area or the Tunnel License Areas, as applicable.
(iv) Additional Remedies. Except with respect to the right of complete and final termination of this Agreement, which is addressed in Section 26, the remedies provided for in this Section 17 shall not limit the rights or remedies which the City may have at law or equity.
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SECTION 18. NOTICES.
All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing and shall be deemed served when delivered personally, or seventy-two (72) hours after the deposit thereof in the United States mail, postage prepaid, registered, or certified, addressed as hereinafter provided.
All notice, demands, requests or approvals from Developer to City shall be addressed as follows:
City of Santa Monica
1685 Main Street, Room 209
Santa Monica, California 90401
Attention: City Manager
With a copy to:
City Attorney’s Office
1685 Main Street, Room 310
Santa Monica, California 90401
And
City of Santa Monica
Community Development Department
1901 Main Street, Suite E
Santa Monica, CA 90405
Attention: Community Development Director
All notices, demands, requests or approvals from the City to Developer shall be addressed to:
Ocean Avenue Partners, LLC and Belle Vue Plaza
c/o Worthe Real Estate Group
100 Wilshire Boulevard, Suite 1600
Santa Monica, California 90401
Attn: Jeff Worthe
With copy to:
Harding Larmore Kutcher & Kozal, LLP
1250 Sixth Street, Suite 200
Santa Monica, California 90401
Attn: Paula J. Larmore
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SECTION 19. ESTOPPEL CERTIFICATE
Either Party and any Secured Lender (as such term is defined in the Development Agreement) may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing (each, an “Estoppel Certificate”): (a) that this Agreement is in full force and effect, (b) that this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (c) whether or not, to the knowledge of the responding Party, the requesting Party is in Default or claimed Default in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such Default or claimed Default, 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 a Material Event of Default and, if so, specifying each such event.
A Party receiving a request for an Estoppel Certificate shall execute and return such Certificate within fifteen (15) days following the receipt of the request therefor. If the party receiving the request hereunder does not execute and return the certificate in such 15-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 14 AND 19 OF THE FIRST COURT ALLEY AIRSPACE LICENSE AND PEDESTRIAN MALL MAINTENANCE 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.
SECTION 20. ATTORNEYS’ FEES AND COSTS OF LITIGATION.
Should either party hereto institute any action or proceeding in court to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses and such amount as the court may adjudge to be reasonable attorneys’ fees for the costs incurred by the prevailing party in such action or proceeding.
SECTION 21. CAPTIONS FOR CONVENIENCE.
The captions herein are for convenience only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.
SECTION 22. COUNTERPARTS.
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This Agreement may be executed in several counterparts, each of which is an original, and all of which together constitute but one and the same document.
SECTION 23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. Except to the extent expressly referenced herein, all prior or contemporaneous agreements, understandings, representations and statements, whether direct or indirect, oral or written, are merged into and superseded by this Agreement, and shall be of no further force or effect.
SECTION 24. SEVERABILITY.
The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
SECTION 25. GOVERNING LAW.
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties, shall be interpreted and construed pursuant to the laws of the State of California.
SECTION 26. TERMINATION.
26.1 Termination. All licenses from City to Developer granted pursuant to this Agreement shall terminate automatically and the licenses granted herein will terminate and revert back to the City, without any further notice, and Developer’s obligation to design, construct and maintain the Pedestrian Mall shall terminate in the event the Project, or any part thereof, is damaged or destroyed as defined by Development Agreement Section 3.5 and the Developer does not intend to repair or reconstruct the Project. If Developer fails to commence construction of the Project on the Project Site by the deadline of the Development Agreement’s “Outside Building Permit Issuance Date” as it may be extended under the Development Agreement, then this Agreement in its entirety shall become null and void and the licenses granted herein shall be of no further legal force and effect.
26.2 Restoration of First Court Alley. Upon the earlier to occur of expiration or termination of this Agreement, Developer shall reimburse the City for its actual costs to remove the Pedestrian Mall improvements and repave First Court Alley in accordance with the City’s then standard specifications for alleys. If Developer fails to meet its obligations under this Section 26.2, the City may remove the Pedestrian Mall improvements and charge all costs thereof to the Developer. City shall, at Developer’s request promptly execute any documents required to terminate the license being granted to the City as described in Recital E for the Re-Routed Alley and terminate use of the license concurrently with any termination of the Pedestrian Mall.
26.3 Removal of Tunnels and Platform. Upon the earlier to occur of: (i) Developer’s permanent abandonment of the Platform License Area and the Tunnel License Areas, or (ii) mutual agreement to terminate the licenses for the Tunnels and Platform, Developer shall have the
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obligation to obtain all necessary permits and perform all necessary work to remove the Platform and to backfill the Tunnels in a timely manner. If Developer fails to meet its obligations under this Section 26.3, the City may remove the Platform and backfill the Tunnels and charge all costs thereof to the Developer.
SECTION 27. EXHIBIT LIST.
Exhibit A: Map of Project Site
Exhibit B: Legal Description of Pedestrian Mall and Plat Map Exhibit C: Pedestrian Mall Improvement Plans
Exhibit D: Platform License Area Legal Description
Exhibit E: Platform Improvement Plans
Exhibit F: Tunnel License Areas Legal Description
Exhibit G: Tunnel Improvement Plans
Exhibit H: Pedestrian Mall Maintenance Plan
Exhibit I: Insurance Requirements
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
DEVELOPER:
BELLE VUE PLAZA,
a California limited partnership
By: ________DRAFT_______________
Name: __________________________
Title: ___________________________
OCEAN AVENUE PARTNERS, LLC,
a Delaware limited liability company
By: ________DRAFT_______________
Name: __________________________
Title: ___________________________
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CITY:
CITY OF SANTA MONICA,
a municipal corporation
By: ________DRAFT_______________
Name: ___________________________
Title: _____________________________
ATTEST:
By: ________DRAFT_______________
Name: ______________________________
City Clerk
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Exhibit “A”
Map of Project Site
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “B”
Legal Description of Pedestrian Mall and Plat Map
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “C”
Pedestrian Mall Improvement Plans
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “D”
Platform License Area Legal Description
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “E”
Platform Improvement Plans
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “F”
Tunnel License Areas Legal Description
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “G”
Tunnel Improvement Plans
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “H”
Pedestrian Mall Maintenance Plan
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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Exhibit “I”
Insurance Requirements
[To be added prior to execution of the First Court Alley License and Pedestrian Mall Maintenance Agreement.]
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EXHIBIT “O”
FORM OF RE-ROUTED FIRST COURT ALLEY EASEMENT AGREEMENT
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street, Room 310
Santa Monica, CA 90401
Attention: Senior Land Use Attorney________________________________________ Space Above This Line For Recorder’s Use
No Recording Fee Required
Government Code Section 27383
EASEMENT AGREEMENT FOR RE-ROUTED
PUBLIC ALLEY
THIS EASEMENT AGREEMENT FOR RE-ROUTED PUBLIC ALLEY (“Easement Agreement”) is executed on this ________ day of _________, 20___ (“Execution Date”) by and between BELLE VUE PLAZA, a California limited partnership (“Grantor”), and the CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and its charter (“Grantee”).
RECITALS
A. WHEREAS, Grantor is the owner the real property commonly known as 129 Santa Monica Boulevard in the City of Santa Monica, County of Los Angeles, State of California, more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference as the “Second Street Parcel.”
B. WHEREAS, Grantee is the owner of a public right-of way interest in First Court alley, an approximately 20’-wide north-south public alley connecting Arizona Avenue (on the north) to Santa Monica Boulevard (on the south), in the City of Santa Monica, County of Los Angeles, State of California. Vehicle traffic travels one-way (southbound only) on First Court alley.
C. WHEREAS, Grantor and OCEAN AVENUE PARTNERS, LLC, a Delaware limited liability company (together, “Developer”), and Grantee are parties that certain Development Agreement, dated _____________ for reference purposes, and recorded on _____________in the Office of the Los Angeles County Recorder as Instrument No. _____________ (the “Development Agreement”). The Development Agreement governs the development and operation of a mixed-use project (“Project”) consisting of, among other things, a hotel, residential rental units, a Cultural Uses Campus, as well as other commercial uses, and
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subterranean parking located on the Second Street Parcel as well as real property commonly known as 1327-1337 Ocean Avenue and 101 Santa Monica Boulevard (collectively referred to in the Development Agreement as the “Ocean Avenue Parcel”).
D. WHEREAS, the Development Agreement contemplates the southernmost portion of First Court alley between Arizona Avenue (on the north) and Santa Monica Boulevard (on the south) to be closed off for general vehicular access in order to facilitate said portion of First Court alley becoming a pedestrian mall (“Pedestrian Mall”) and on ____________, 20__, the Santa Monica City Council adopted Ordinance No. _______, establishing the Pedestrian Mall.
E. WHEREAS, Developer and Grantee have entered into that certain First Court Alley License and Pedestrian Mall Maintenance Agreement dated concurrently herewith (“Pedestrian Mall Agreement”) authorizing the Developer to improve the surface of said portion of First Court alley with the Pedestrian Mall improvements.
F. WHEREAS, the Development Agreement contemplates that Grantor will improve and grant to Grantee, and Grantee will accept from Grantor, an easement for a new east-west minimum 20’ wide public alley over a portion of the Second Street Parcel in order to facilitate re-routed right-of-way access from southbound First Court alley onto Second Street, as more particularly described herein.
G. WHEREAS, pursuant to the Development Agreement, Grantor has obtained a building permit for the Project or a building permit for the Project is ready to be issued, which includes a new alley for public right-of-way egress from First Court alley to Second Street across that portion of the Second Street Parcel legally described, depicted, and diagrammed in Exhibit “B,” attached hereto and incorporated herein by reference (“Re-routed Alley”).
H. WHEREAS, the portion of the Project developed on the Second Street Parcel includes (1) a subterranean garage, portions of which are beneath the Re-routed Alley, and (2) a mixed-use building(s) (the “Second Street Building(s)”) with retail/restaurant space located at the ground floor and residential apartments located above the ground floor, elevated portions of which will extend over the Re-routed Alley. The Re-routed alley is located within a defined airspace that does not include the subterranean garage beneath the Re-routed alley or any elevated portions of the Second Street Building(s).
I. WHEREAS, Grantor now desires to grant to Grantee, and Grantee desires to accept from Grantor, an exclusive easement with specified dimensions as shown on Exhibit “B” (“Easement Area”, also referred to herein as Re-Routed Alley) for use as a public right-of-way and on the terms and conditions set forth herein.
J. WHEREAS, Developer desires to construct certain improvements constituting the Re-routed Alley (the “Public Improvements”) within the Easement Area consistent with that certain Offsite Improvement plan no. [____], approved by the City Engineer on [date], which is attached hereto as Exhibit “C” (“Alley Improvement Diagram”).
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K. WHEREAS, Grantor agrees to be responsible for the maintenance, repair and replacement of the Re-routed Alley, including, without limitation, any associated future capital improvements necessary to maintain the Re-routed Alley, except as expressly provided herein.
L. WHEREAS, Grantor acknowledges, understands, and agrees that Grantor assumes certain risks and that Grantee shall have no responsibility for damages arising from any faults or deficiencies related to Grantor’s construction, maintenance, or public use of the Rerouted Alley or the improvements identified in the Alley Improvement Diagram.
M. WHEREAS, nothing herein shall be interpreted to modify or waive City's or Grantor's respective rights and obligations under the Development Agreement except as expressly stated herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Description of Airspace of Easement Area.
The Easement Area is legally described, depicted, and diagramed in Exhibit “B”.
2. Grant of the Easement Area to Grantee.
Subject to the terms and conditions set forth in this Easement Agreement, upon Grantor’s completion of the Public Improvements consistent with the Alley Improvement Diagram, Grantor hereby grants to Grantee, and Grantee hereby accepts, an exclusive easement for public right-of way purposes on, over and through the Easement Area for use as a public alley (the “Easement”). This grant includes all Public Improvements to be constructed by Grantor in the Easement Area in accordance with the Alley Improvement Diagram. Except as expressly granted herein, the Easement granted herein provides Grantee rights only with respect to the Easement Area. Grantee shall have no right to construct or install subsurface public utilities, utility lines, utility equipment, or similar equipment in any portion of the Second Street Parcel without the written approval of the Grantor in its sole and absolute discretion.
3. General Public’s and Grantee’s Right to Use the Easement Area.
The right to use the Easement Area by Grantee and the general public shall be as a onedirection, eastbound public right-of-way connecting First Court alley to Second Street and for no other purpose. The right to commence use of the Easement Area by Grantee and the general public shall not commence until all of the Public Improvements have been completed to the satisfaction of the City Engineer. At that time, consistent with Streets & Highways Code Section 1806, subdivision (c), the City Engineer shall execute and record a Certificate of Acceptance in a form consistent with Exhibit “D” attached hereto.
4. Character of Easement.
The rights granted by this Easement Agreement shall inure to the benefit of the general public as a public right-of-way, including passage for refuse and recycling collection and public safety vehicles, and shall be subject to the terms and conditions of this Easement Agreement. For the avoidance of doubt, except in the event of an emergency or an immediate threat to public
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health and safety, Grantee shall have no right to prevent Grantor or its tenants, invitees, guests, employees, agents, contractors or subcontractors from using the Re-routed Alley to exit from the Project’s subterranean parking garage.
5. Improvements; Maintenance.
Prior to its use by Grantee or the general public, Grantor shall construct the Public Improvements in accordance with the Alley Improvement Diagram attached hereto as Exhibit “C”. Grantee shall have the right to install additional lighting, alley signage, and directional signage within the Easement Area (collectively, “Grantee Improvements”) without the approval of the Grantor; provided, however, that prior to Grantee’s installation of Grantee Improvements, Grantee shall offer to meet and confer with Grantor to review the details for installation (e.g. specific size, location(s), timing, logistics, etc.) in order to avoid inadvertent conflict with Grantor’s operation of the Project.
Grantor shall keep the Public Improvements in sound physical condition and good repair consistent with the Alley Improvement Diagram. The Grantor shall be responsible to perform customary street sweeping services as to this public alley..
6. Term of Easement.
The Easement granted in this Easement Agreement shall commence on the acceptance of the Public Improvements by the City Engineer and shall remain in effect until the sooner of (i) termination of the Pedestrian Mall Agreement and reversion of First Court alley’s use as a vehicular public right-of-way consistent with Streets & Highways Code Section 11603 (as amended from time to time) or (ii) the City’s vacation of the Easement. Upon termination of the Pedestrian Mall, (a) the Easement Area shall automatically convert to a private driveway and the public’s right to use of the Easement shall terminate, (b) Grantee shall, at Grantor’s request, promptly execute any documents required to terminate this Easement Agreement, and (c) Grantor shall have the right to retain the Second Street curb cut, subject to reasonable conditions of approval imposed by the City Engineer or the City’s Traffic Engineer. Grantee acknowledges that modifications to the Re-routed Alley may be required to ensure vehicular access to/from the Project’s subterranean garage(s) upon the revocation or termination of the Tunnel License in the Pedestrian Mall Agreement and that Grantor may apply for a permit from the City for such modifications, which permit shall not be unreasonably withheld.
7. Reservation of Property Rights; Reversion.
Consistent with Streets & Highways Code Section 104.2, with the exception of the Easement Area, Grantor retains all rights to use, improve, and maintain all other areas of the Second Street Parcel consistent with the Development Agreement and all applicable governing regulations. Upon termination or expiration of the Easement Agreement, the interest in, and rights to, the Easement Area granted to Grantee by this Easement Agreement shall be extinguished and shall revert to Grantor.
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8. Indemnity and Release of Claims by Grantor.
a. Indemnity.
Grantor agrees to defend, indemnify, protect, and hold harmless Grantee, its agents, officers, boards and commissions, and employees (collectively, “Grantee Indemnitees”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorneys’ fees, or payments for injury to any person or property caused or claimed to be caused by the acts, errors, and/or omissions of Grantor, or Grantor's employees, agents, officers, contractors, subcontractors, consultants, and subconsultants in connection with Grantor’s construction or maintenance of the Re-routed Alley or the improvements identified in the Alley Improvement Diagram (collectively, “Losses”); provided, however, that Grantor's duty to defend, indemnify, protect and hold harmless shall not include any Losses to the extent arising from the active negligence or willful misconduct of the Grantee Indemnitees. Notwithstanding Grantor's obligation to defend Grantee hereunder, Grantee has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Grantor, if Grantee chooses to do so.
b. Enforcement Costs.
Grantor agrees to pay any and all costs the Grantee incurs enforcing the indemnity, defense, and hold harmless provisions set forth in Section 8(a) herein unless any of the Grantee Indemnitees are found to be actively negligent or to have committed willful misconduct by a court of law of competent jurisdiction, in which case Grantor’s financial obligations shall be reduced proportionally as determined by the court.
c. Release of Claims.
In consideration for Grantee’s acceptance of the Grantor’s grant of the Easement, Grantor releases and waives all claims against the Grantee Indemnitees arising from the use of the Easement Area as a public right-of-way, and agrees that the Grantee shall not be liable for any Losses to Grantor arising from the use of the Easement Area as a public right-of-way and/or Grantee’s construction or installation of Grantee’s improvements or Grantee’s maintenance of the Easement Area except to the extent caused by the active negligence or willful misconduct of the Grantee Indemnitees.
d. Survival.
Grantor’s obligations under Section 8(a)-(c) shall survive termination or expiration of this Easement Agreement.
e. Insurance.
Grantor shall procure, maintain, and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with Grantor’s construction or maintenance of the Re-routed Alley or the improvements identified in the Alley Improvement Diagram. Grantor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit “E.”
9. No Obligation for Grantor to Provide Security.
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Grantor shall have no obligation to provide surveillance or security for the public’s use of the Easement Area. The Re-Routed Alley within the Easement Area shall be public property once the Easement takes effect and continuing until its lawful termination.
10. Attorneys’ Fees and Costs.
If legal action is brought by either Grantor or Grantee because of breach of this Easement Agreement or in order to enforce a provision of this Easement Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
11. Notices.
All written notices and demands of any kind that any party may be required or may desire to serve on the other party in connection with this Easement Agreement may be served by registered or certified mail as an alternative to personal service. Any such notice or demands served by registered or certified mail shall be deposited in the United States mail with postage thereon fully prepaid, addressed to the party to be served as follows:
If to Grantee: City Manager
City of Santa Monica
1685 Main Street, Room 209
Santa Monica, CA 90401
With a copy to:
City Attorney
City of Santa Monica
1685 Main Street, Room 310
Santa Monica, CA 90401
If to Grantor: Ocean Avenue Partners, LLC
Care of: Worthe Real Estate Group
100 Wilshire Boulevard, Suite 1600
Santa Monica, California 90401
Attention: Jeff Worthe
With a copy to:
Harding Larmore Kutcher & Kozal
1250 6th Street, Suite 200
Santa Monica, CA 90401
Attention: Paula J. Larmore
Service of any notice or demand made by mail shall be deemed complete on the date of actual delivery. Any party hereto may, from time to time by notice in writing served upon the other party in the aforesaid manner, designate a different mailing address or a different person to whom all notices and demands are thereafter to be addressed.
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12. Governing Law.
This Easement Agreement shall be governed by and construed in accordance with the laws of the State of California.
13. Binding Effect.
This Easement Agreement shall run with the Second Street Parcel and be binding on and inure to the benefit of the successors and assigns of Grantor and Grantee.
14. No Irrevocable Offer
This Easement Agreement shall not be deemed to be constitute an irrevocable offer of dedication of real property pursuant to Government Code Section 7050.
15. Incorporation of Recitals and Exhibits.
The Recitals and Exhibits set forth above are incorporated herein and made a part of the terms and conditions of this Easement Agreement.
16. Counterparts; Execution.
This Easement Agreement may be signed in counterparts with the same effect as if the signatures to each counterpart were upon a single instrument, and all such counterparts together shall be deemed an original of this Easement Agreement. The execution of this Easement Agreement may be effectuated by digital or electronic signatures, including through DocuSign, Portable Document Format, or equivalent means; an executed counterpart or original may be delivered via facsimile, electronic mail, DocuSign, or other equivalent means; and the execution or delivery of the Easement Agreement through the aforementioned means shall be valid and given equal force and effect as wet-ink signatures personally delivered.
IN WITNESS WHEREOF, this Easement Agreement has been executed by the parties as of the date herein first above written in Santa Monica, California.
GRANTEE
CITY OF SANTA MONICA
a municipal corporation
By: _________________________
DAVID WHITE
City Manager
APPROVED AS TO FORM:
SANTA MONICA CITY ATTORNEY
_________________________
____________________________
City Attorney
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ATTEST:
____________________________
DENISE ANDERSON-WARREN
City Clerk
GRANTOR:
BELLE VUE PLAZA, a California limited
partnership
By: ____________________________
Name: __________________________
Title: ___________________________
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Exhibit “A”
SECOND STREET PARCEL LEGAL DESCRIPTION
LOTS I, J, K, L, BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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Exhibit “B”
RE-ROUTED ALLEY LEGAL DESCRIPTION AND MAP OF DEDICATION [To be added prior to execution of Easement Agreement.]
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Exhibit “C”
ALLEY IMPROVEMENT DIAGRAM
[To be added prior to execution of Easement Agreement.]
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Exhibit “D”
CERTIFICATE OF ACCEPTANCE
This is to certify that the easement interest in real property conveyed by the Easement Agreement dated __________ from BELLE VUE PLAZA, a California limited partnership ("Grantor"), to the CITY OF SANTA MONICA, a municipal corporation ("Grantee"), is hereby accepted by order of the City Council of the City of Santa Monica on __________ and Grantee consents to recordation thereof by its duly authorized officer. The name of the vehicular public right-of-way shall be [__________].
Dated: ___________________
CITY OF SANTA MONICA
a municipal corporation
By: _________________________
[Name]
City Engineer
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Exhibit “E”
MINIMUM INSURANCE REQUIREMENTS
[To be added prior to execution of Easement Agreement.]
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EXHIBIT “P”
FORM OF DEED RESTRICTION FOR AFFORDABLE HOUSING UNITS
Recording Requested By:
City of Santa Monica
When Recorded Mail To:
City Planning Division – Mail Stop 28
1685 Main Street
Santa Monica, CA 90401
Attention: Planning Manager_________________________________________________ Space Above This Line For Recorders Use
No Recording Fee Required
Government Code Section 27383
[NOTE TO DRAFTER: THIS FORM IS INTENDED TO REFLECT THE CITY'S
STANDARD DEED RESTRICTION FORM WITH MODIFICATIONS TO BE CONSISTENT WITH DEVELOPMENT AGREEMENT SECTIONS 2.7.1, 2.7.2 AND 2.8.1. IN THE EVENT
OF ANY INCONSISTENCIES BETWEEN THIS EXHIBIT/FORM OF DEED RESTRICTION
AND THE DEVELOPMENT AGREEMENT, THE DEVELOPMENT AGREEMENT PREVAILS.]
AGREEMENT IMPOSING RESTRICTIONS
ON RENTS & OCCUPANCY OF REAL PROPERTY
THIS AGREEMENT IMPOSING RESTRICTIONS ON RENTS & OCCUPANCY OF REAL PROPERTY, entered into this [____] day of [___________] 20 _ (“Agreement”), by and between the CITY OF SANTA MONICA, a Municipal Corporation (hereinafter the "City"), and BELLE VUE PLAZA, a California limited partnership, and OCEAN AVENUE PARTNERS, LLC, a Delaware limited liability company (collectively the “Developer”), is made with reference to the following:
R E C I T A L S:
A. Developer is the owner of certain real property located in the City of Santa Monica, State of California, commonly known as 101 Santa Monica Boulevard, 1337 Ocean Avenue, 1333 Ocean Avenue, 1327 Ocean Avenue and 129 Santa Monica Boulevard, in the City of Santa Monica, in the County of Los Angeles, California (hereinafter referred to as the "Subject Property").
B. The Subject Property consists of:
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(1) approximately 52,570 square feet of land located in the City of Santa Monica, State of California, commonly known as 101 Santa Monica Boulevard, 1337 Ocean Avenue, 1333 Ocean Avenue, 1327 Ocean Avenue (collectively the “Ocean Avenue Parcel”) which consists of:
(i) the land located in the City of Santa Monica, State of California, commonly known as 101 Santa Monica Boulevard (and also commonly known as 103 Santa Monica Boulevard, 105 Santa Monica Boulevard, 107 Santa Monica Boulevard, 109 Santa Monica Boulevard, 111 Santa Monica Boulevard, 113 Santa Monica Boulevard, 115 Santa Monica Boulevard, 1355 Ocean Avenue and 1357 Ocean Avenue) that is currently improved with a two-story mixed-use commercial/residential structure with a rooftop penthouse apartment (the “101 Santa Monica Boulevard Building”) and surface parking, (ii) the land located in the City of Santa Monica, State of California, commonly known as 1337 Ocean Avenue that is currently improved with (i) a two-story building that was originally built in 1926, is a City-designated Landmark (LC-04-LM-005) and is in commercial use (the “Spanish Colonial Revival Landmark”), a detached one-story rear structure that is in commercial use (the “1337 Ocean Avenue Rear Structure”), and surface parking,
(iii) the land located in the City of Santa Monica, State of California, commonly known as 1333 Ocean Avenue that is currently improved with a two-story building that was originally built in 1906, is a City-designated Landmark (LC-01LM-001) and is in commercial use (the “Queen Anne Landmark”), a separate two-story rear structure that is in commercial use and is connected to the 1333 Ocean Avenue Landmark by an unenclosed catwalk and staircase (the “1333 Ocean Avenue Rear Structure”), and surface parking and (iv) the land located in the City of Santa Monica, State of California, commonly known as 1327 Ocean Avenue that is currently improved with a two-story building that is in commercial use (the “1327 Ocean Avenue Building”) and surface parking; and (2) approximately 30,000 square feet of land located in the City of Santa Monica, State of California, commonly known as 129 Santa Monica Boulevard (the “Second Street Parcel”) that is currently improved with surface parking.
C. The Subject Property is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this reference.
D. The Subject Property has nineteen (19) residential rental dwelling units (“Existing Unit(s)”) located in the existing 101 Santa Monica Boulevard Building that are subject to the Santa Monica Rent Control Law (Article XVIII of the City Charter) (“RCL”)).
E. The City and Developer have executed that certain Development Agreement (“Development Agreement”) dated [insert] and recorded on [date] in the Office of the Los County Recorder as Instrument No. [insert], pertaining to the Developer’s construction of “the Project,” as specifically defined in Recital L of the Development Agreement.
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F. The Project includes the demolition of the nineteen (19) Existing Units and replacement of these units within the Project (“Replacement Units”), and the Development Agreement (Sections 2.7.1, 2.7.2 and 2.8.1) requires that three (3) of the Replacement Units are deed-restricted as affordable for Eighty Percent Income Households and five (5) of the Replacement Units are deed-restricted as affordable for Moderate Income Households subject to certain exceptions for Displaced Tenants specified in the Development Agreement.
G. In addition to the eight (8) deed-restricted affordable Replacement Units, the Development Agreement requires seventeen (17) additional deed-restricted affordable units for a total of twenty-five (25) deed-restricted affordable units in the Project.
H. The City approved the Development Agreement, subject to the conditions of this Agreement, which are imposed for the benefit of the City, the public, and surrounding landowners and without which the Project would not be approved.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. RECITALS.
The Recitals stated above, are hereby incorporated by reference into this Agreement and adopted by the parties to this Agreement as true and correct.
2. DEFINITIONS.
2.1 “Affordable Units” means dwelling units within the Project that are available to and occupied by Thirty Percent, Fifty Percent, Eighty Percent and Moderate Income Households at Affordable Rent (as such terms are defined below).
2.2 “Affordable Rent” means:
(a) For Thirty Percent Income Households, the product of thirty percent times thirty percent of the Area Median Income adjusted for household size appropriate for the unit. (b) For Fifty Percent Income Households, the product of thirty percent times fifty percent of the Area Median Income adjusted for household size appropriate for the unit. (c) For Eighty Percent Income Households whose gross incomes exceed the maximum incomes for Fifty Percent Income Households, the product of thirty percent times sixty percent of the Area Median Income adjusted for household size appropriate for the unit. (d) For Moderate Income Households, the product of 30 percent times 110 percent of the Area Median Income adjusted for household size appropriate for the unit.
2.3 “Area Median Income or AMI” means the median family income published from time to time by the United States Department of Housing and Urban Development ("HUD") for the Los Angeles-Long Beach Metropolitan Statistical Area.
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2.4 “Displaced Tenant(s)” means a tenant(s) with a lease for an Existing Unit in effect at the time that the Existing Units are withdrawn/removed from the rental housing market.
2.5 “Eighty Percent Income Household” means a household whose gross income does not exceed the eighty percent income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. Eighty Percent Income Households include Fifty Percent Income Households.
2.6 “Fifty Percent Income Household” means a household whose gross income does not exceed the fifty percent income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. Fifty Percent Income Households include Thirty Percent Income Households.
2.7 “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 ninety-nine (99) 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 the Development Agreement, then the Life of the Project shall be deemed to have ended as of the date of such damage or destruction. For purposes herein, if a building within the Project is issued a certificate of occupancy separate from another building within the Project, then the Life of the Project shall be determined for each separate building for which a certificate of occupancy has been issued.
2.8 “Moderate Income Household” means a household whose gross income exceeds the maximum income for an 80% income household and whose gross income does not exceed the lesser of: (i) 120% of the Area Median Income, adjusted for household size, as published and periodically updated by the California Department of Housing and Community Development (HCD) or (ii) twice the income limit for 50% income households, adjusted for household size, as published and periodically updated by HUD.
2.9 “Price-Restricted Replacement Units” means the eleven (11) Replacement Units in the Project that are/will be subject to the RCL and are not Affordable Units.
2.10 “Rent” has the same meaning as provided in title 25, section 6918 of the California Code of Regulations, as amended from time to time in accordance with law.
2.11 “Thirty Percent Income Household” means a household whose gross income does not exceed the thirty percent income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.
3. CONTRACT WITH CITY.
Developer hereby acknowledges that by executing the Development Agreement for the Project, the City has provided certain vested rights to the Developer for the Project. In exchange for these vested rights, which are of financial benefit to the Developer, Developer has entered into this contract with this City and agreed to the other conditions of the Development Agreement, including the requirement included in this Agreement to provide and maintain twenty-five (25)
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Affordable Units on the Subject Property for occupancy by qualified households who meet the requirements specified in this Agreement.
4. DEVELOPER TO PROVIDE AND MAINTAIN TWENTY-FIVE (25) AFFORDABLE UNITS.
(a) Upon issuance of a Certificate of Occupancy for the Project, Developer shall provide and maintain 25 Affordable Units on the Subject Property, as follows:
• Four (4) Affordable Units shall be available to and occupied by Thirty Percent Income Households at Affordable Rent;
• Four (4) Affordable Units shall be available to and occupied by Fifty Percent Income Households at Affordable Rent;
• Six (6) Affordable Units shall be available to and occupied by Eighty Percent Income Households at Affordable Rent;
• Eleven (11) Affordable Units shall be available to and occupied by Moderate Income Households at Affordable Rent; and
• Notwithstanding the foregoing, (i) the maximum allowable rent for Displaced Tenants that income-qualify for an Affordable Unit shall be governed by Section 5.2(a) of this Agreement and (ii) the five (5) Replacement Units that are Affordable Units for Moderate Income Households may be occupied by Displaced Tenants that do not income-qualify for an Affordable Unit in accordance with Section 5.2(b) of this Agreement.
The Affordable Units shall include a minimum of three (3) studios units, eight (8) one-bedroom units and nine (9) two-bedroom units with the remaining five (5) Affordable Units consisting of either studio or one-bedroom units.
Developer shall submit plans to the City's Building Official, identifying the unit numbers and exact locations of all of the Affordable Units. The submittal of these plans with the required identification of Affordable Units shall be a condition precedent to Developer obtaining a building permit for the Project. Prior to issuance of a Certificate of Occupancy for the Project, the Developer shall update the plans to specify the income-level for each Affordable Unit consistent with the requirements in this Section 4(a).
(b) The Affordable Units shall be rental units and the maximum rent shall be calculated pursuant to the formula set forth in Section 5 of this Agreement. (c) The City shall issue a Certificate of Occupancy for the Project ("Certificate") expressly contingent upon compliance with the terms of this Agreement. A valid Certificate shall be required at all times to continue to use or occupy the Project. A breach of this Agreement shall
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be grounds for revoking the Certificate. The City shall provide reasonable notice and an opportunity to cure any breach of this Agreement prior to revoking the Certificate. (d) Except for the eight (8) Replacement Units that are Affordable Units, the Affordable Units shall comply with the following minimum unit sizes: 500 square feet for studios, 600 square feet for one-bedrooms, 850 square feet for two-bedrooms and 1,080 square feet for three-bedrooms. The minimum unit sizes for the eight (8) Replacement Units that are Affordable Units shall be (i) pursuant to the terms of a Removal Permit issued by the Rent Control Board or (ii) if the Existing Units are removed from the rental housing market pursuant to Development Agreement Section 2.7.1(c), reasonably comparable in total floor area (up to a 15% difference) to the Displaced Tenant’s prior Existing Unit, as applicable. The minimum unit size requirements in SMMC Section 9.10.070(C)(1)(a)(iv) shall not apply to the Project. (e) Except for the eight (8) Replacement Units that are Affordable Units, the average number of bedrooms per unit for the Affordable Units shall be equal to or greater than 1.5. The eight (8) Replacement Units that are Affordable Units shall be studio or one-bedroom units.
5. TERMS FOR THE RENTAL OF THE AFFORDABLE UNITS.
5.1 Except as provided in Section 5.2 with respect to Displaced Tenants, the following terms shall apply for the rental of the Affordable units:
(a) The maximum Affordable Rent for the 25 Affordable Units on the Subject Property shall be calculated as follows:
For Thirty Percent Income Households
Area Median Income x 30% x Bedroom Adjustment Factor x 30% = Maximum Affordable Rent (Annual).
For Fifty Percent Income Households
Area Median Income x 50% x Bedroom Adjustment Factor x 30% = Maximum Affordable Rent (Annual).
For Eighty Percent Income Households
Area Median Income x 60% x Bedroom Adjustment Factor x 30% = Maximum Affordable Rent (Annual).
For Moderate Income Households
Area Median Income x 110% x Bedroom Adjustment Factor x 30% = Maximum Affordable Rent (Annual).
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(b) The Maximum Allowable Rent figures must be divided by twelve to determine the maximum allowable monthly rent.
(c) Area Median Income - As periodically published by HUD, currently $80,000 (2021).
(d) Bedroom Adjustment Factors
0 Bedroom .7 3 Bedrooms 1.00
1 Bedroom .8 4 Bedrooms 1.08
2 Bedroom .90
(e) Affordable Rents 2020:
Studio 1-BR 2-BR 3BR
Thirty Percent Income Household $ 420 $ 480 $ 540 $ 600 Fifty Percent Income Household $ 700 $ 800 $ 960 $1,000 Eighty Percent Income Household $ 840 $ 960 $1,080 $1,200 Moderate Income Household $1,540 $1,760 $1,980 $2,200
(f) In the event the Area Median Income is no longer established or published by HUD, the parties shall substitute a similar standard established by the State of California. (g) Minimum Occupancy Requirements
0 bedroom 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
3 bedrooms 3 occupants
4 bedrooms 5 occupants
5.2 Affordable Unit Terms for Displaced Tenants Exercising their Right of First Refusal to Occupy the Project. If a Displaced Tenant exercises his/her right of first refusal to occupy the Project in accordance with Development Agreement Section 2.7.1, then the following shall apply:
(a) If a Displaced Tenant income qualifies for an Affordable Unit, such Displaced Tenant shall have the first priority to occupy the applicable Affordable Unit at a maximum allowable rent that is the lower of the rent in effect at the time of the Displaced Tenant's displacement plus allowed Annual General Adjustments pursuant to RCL Section 1805 or the deed restricted rent for the applicable income category of the Displaced Tenant, upon issuance of a certificate of occupancy for the Second Street Building(s) and/or Santa Monica Boulevard Building, as applicable.
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(b) If (x) a Displaced Tenant does not income qualify for an Affordable Unit and (y) the Project's eleven (11) Price-Restricted Replacement Units are occupied by (or have already been assigned to) other Displaced Tenants, then such Displaced Tenant shall have the first priority to occupy one of the Project's five (5) Replacement Units that are Moderate Income Affordable Units and the maximum allowable rent shall be the rent that is the rent in effect at the time of the Displaced Tenant’s displacement plus allowed Annual General Adjustments pursuant to RCL Section 1805. After vacancy by the Displaced Tenant, the applicable Moderate Income Affordable Unit shall be subject to all requirements for a Moderate Income Household as set forth in this Agreement.
6. HOUSEHOLD ADJUSTMENT FACTORS.
The Household Adjustment Factors are as follows:
1 person 0.7
2 persons 0.8
3 persons 0.9
4 persons 1.0
5 persons 1.08
6 persons 1.16
7 persons 1.24
8 persons 1.32
During the duration of this agreement, Developer agrees to make reasonable efforts to rent vacant Affordable Units within sixty (60) days.
7. TENANT SELECTION.
Except with respect to Displaced Tenants exercising their right of first refusal to occupy the Project in accordance with Development Agreement Section 2.7 and Section 5.2 of this Agreement, Developer shall select households from the City-developed list of income qualified households. Except with respect to Displaced Tenants, only households selected from the Citydeveloped list of income qualified households shall occupy any of the Affordable Units.
8. CITY APPROVAL OF DOCUMENTS.
The Conditions, Covenants and Restrictions (CC&R's), if any, for the Subject Property shall include reference to all applicable obligations and duties of the parties created by this Agreement. The City Attorney of the City of Santa Monica shall approve as to form the CC&R's prior to recordation of the final subdivision or parcel map for the Subject Property.
Developer shall rent the Affordable Units pursuant to the terms and conditions of a lease or rental agreement approved by the City. At least ninety (90) days prior to the expected completion date, Developer shall submit to the City Housing Division of the Community Services Department for review a copy of the lease agreement to be used. In addition to any other provision required by the City to ensure compliance with Chapter 9.64 and the Administrative Guidelines
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for Chapter 9.64, as they may be amended from time to time, said lease or rental agreement shall contain a provision prohibiting subleasing of the Affordable Units or revising the composition of the household without Developer's permission. For the avoidance of doubt, the Development Agreement and this Agreement shall prevail if there is a conflict or inconsistency between the Development Agreement, this Agreement, and any provision of Chapter 9.64 and the Administrative Guidelines for Chapter 9.64. Developer shall not approve any change that renders the Affordable Units in noncompliance with the household income requirements of this Agreement. The addition to the household of minor children, a spouse, or registered domestic partner shall not be deemed a change in the household requiring Developer's prior approval pursuant to this Section.
Developer shall lease the Affordable Units concurrently with all other units in the Project so as to avoid prolonged vacancy of the Affordable Units during lease-up of the Project.
9. ATTORNEYS' FEES AND COSTS.
In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs.
10. APPOINTMENT OF OTHER AGENCIES.
The City may designate, appoint or contract with any other public agency to perform City's obligations under this Agreement.
11. SEVERABILITY.
In the event any limitation, condition, restriction, covenant or provision contained in this Agreement is held to be invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall, nevertheless, be and remain in full force and effect.
12. NOTICES.
All notices required under this Agreement shall be sent by certified mail, return receipt requested, to the following addresses:
TO THE CITY OF SANTA MONICA: City of Santa Monica
City Planning Division – Mail Stop 28
1685 Main Street
Santa Monica, California 90401
Attn: Planning Manager
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With a copy to: City of Santa Monica
Housing Division
1685 Main Street
Santa Monica, California 90401
Attn: Housing Manager
TO THE DEVELOPER: OCEAN AVENUE PARTNERS, LLC
and BELLE VUE PLAZA, LP
c/o Worthe Real Estate Group
100 Wilshire Boulevard, Suite 1600
Santa Monica, CA 90401
Attn: Jeff Worthe
With a copy to: Harding Larmore Kutcher & Kozal
1250 Sixth Street, Suite 200
Santa Monica, CA 90401
Attn: Paula J. Larmore
Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above.
13. HOLD HARMLESS.
As between the City and the Developer, the Developer is deemed to assume responsibility and liability for, and the Developer shall indemnify and hold harmless the City and its City Council, boards and commissions, officers, agents, servants or employees from and against any and all claims, loss, damage, charge or expense, whether direct or indirect, to which the City or its City Council, boards and commissions, officers, agents, servants or employees may be put or subjected, by reason of any damage, loss or injury of any kind or nature whatever to persons or property caused by or resulting from or in connection with any act or action, or any neglect, omission or failure to act when under a duty to act, on the part of the Developer or any of Developer's officers, agents, servants, employees or subcontractors in his or their performance hereunder.
14. BURDEN TO RUN WITH PROPERTY.
The covenants and conditions herein contained shall apply to and bind the heirs, successors and assigns of all the parties hereto and shall run with and burden the Subject Property for the benefit of the City, the public and surrounding landowners, until terminated in accordance with the provisions hereof. Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property.
15. SALE OR CONVERSION OF PROPERTY.
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In the event of sale or conversion of the Subject Property, any Conditions, Covenants and Restrictions (CC&R's) for the property, shall incorporate by reference all obligations and duties of the parties created by this Agreement. Reporting obligations set forth in Section 24 below, shall be set forth in the CC&R's if any, for the Project.
16. PROHIBITION AGAINST DISCRIMINATION.
Developer agrees not to discriminate against any actual or potential occupant of the Subject Property on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, age, pregnancy, marital status, disability, HIV, family composition, source of income, the use of a rental subsidy voucher, or the potential or actual occupancy of minor children. Developer further agrees to take affirmative action to ensure that no such person is discriminated against for any of the aforementioned reasons.
17. STANDING TO ENFORCE AGREEMENT.
Violation of this Agreement may be enjoined, abated or remedied by appropriate legal proceeding in a court of competent jurisdiction by any aggrieved party, including but not limited to, the parties hereto, or their respective successors, heirs and assigns.
The right to specific performance of this Agreement shall be an appropriate remedy for a breach of this Agreement because of the uniqueness of the Property and the inherent difficulty in calculating adequate damages.
18. INTEGRATED AGREEMENT.
This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto.
19. APPLICABLE LAW.
All questions pertaining to the validity and interpretation of this Agreement shall be determined in accordance with the laws of California applicable to contracts made to and to be performed within the State.
20. CITY AUTHORITY TO ENFORCE LAW
The obligation of the Owner pursuant to this Agreement are in addition to, and in no way limit, the authority of the City to enforce all laws and regulation applicable to the Subject Property.
Nothing in this Agreement shall limit the authority of the City to take appropriate action to enforce the terms of any permit issued by the City relating to the Subject Property.
21. DURATION OF AGREEMENT.
This Agreement shall terminate and become null and void at the end of the Life of the Project.
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22. AMENDMENT OF AGREEMENT.
This Agreement, and any Section, subsection, or covenant contained herein, may be terminated or amended only upon the written consent of all parties hereto.
23. RECORDING OF AGREEMENT.
The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles.
24. YEARLY REPORT.
Developer shall issue a written report to City on an annual basis commencing one year from the date of issuance of the Certificate of Occupancy and continuing thereafter throughout the term of the Agreement. The report shall include documentation of tenant income and assets, and state the rent level then being charged for the Affordable Units, whether the occupants are assisted by a rental housing subsidy program, the number of occupants in the household, whether there have been any changes in the composition of the household, whether any vacancies have occurred during the reporting year, any changes in income of the residents of the affordable units, and such other information as may be required by City staff. Failure of a tenant to provide Developer with information Developer is obligated to provide to the City under this Section 24 shall not constitute a Default by Developer under this Agreement so long as such tenant’s lease requires tenant to provide such information to Developer and Developer is actively pursuing reasonable enforcement actions to bring such tenant into compliance with the applicable lease provision. Notwithstanding the foregoing, Developer shall not be required to obtain/request information about tenant income and assets and any changes thereto for Displaced Tenants occupying Affordable Units pursuant to Section 5.2(b) of this Agreement.
25. COMPLIANCE MONITORING.
Pursuant to City of Santa Monica Resolution 10635 (CCS) and Santa Monica Municipal Code Sections 9.64.050 and 9.64.060, Developer shall pay the reasonable regulatory costs of ensuring compliance with this Agreement through a Compliance Monitoring Fee, adopted and approved on November 22, 2011 and administratively revised on an annual basis.
26. COUNTERPART SIGNATURE PAGES.
This Agreement may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall together constitute one (1) and the same instrument.
27. AUTHORITY TO EXECUTE.
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The undersigned declare they have full authority to execute this Agreement on behalf of Developer and bind Developer to all the terms and conditions contained herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
ATTEST: “CITY”
CITY OF SANTA MONICA
a Municipal Corporation
___________________________
Denise Anderson-Warren
City Clerk By: ____________________________
David White
APPROVED AS TO FORM: City Manager
SANTA MONICA CITY ATTORNEY
__________________________
Name: _____________________
City Attorney “DEVELOPER”
NAME
a ___________________
By __________________________
NAME: ___________________
Title: _____________________
Prepared by:
10.B.c
Packet Pg. 548 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “P”, Page 14
EXHIBIT A
Legal Description of Subject Property
Ocean Avenue Parcel
101 Santa Monica Boulevard:
LOTS M, N, O, AND P BLOCK 148 OR THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1327 Ocean Avenue:
LOT "S" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1333 Ocean Avenue:
LOT "R" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1337 Ocean Avenue:
LOT "Q" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA
MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Second Street Parcel
LOTS I, J, K, L, BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
10.B.c
Packet Pg. 549 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “P”, Page 15
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On ________________, 20__, before me,________________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________
Notary Public in and for said State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
10.B.c
Packet Pg. 550 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA) Exhibit “P”, Page 16
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On ________________, 20__, before me,________________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________
Notary Public in and for said State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
10.B.c
Packet Pg. 551 Attachment: OAP DA 2nd Reading 2022.07.26 Part 2 of 2 exhibits G-P (5241 : 2nd Reading - Gehry DA)
WORTHE REAL ESTATE GROUP
GEHRY PARTNERS, LLP.
THE OCEAN AVENUE PROJECT
SANTA MONICA, CALIFORNIA
July 14, 2022
10.B.d
Packet Pg. 552 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
VICINITY PLAN /
SHEET INDEX
A0-101
TRUE NORTH
SHEET INDEX
SHEET NUMBER SHEET NAME
SHEET SHEET TITLE SCALE
A0 PROJECT INFORMATION
A0-000 TITLE / COVER NTS
A0-100 PROJECT DATA
A0-101 VACINITY PLAN / SHEET INDEX NTS
A0-102 AERIAL VIEW NTS
A0-103 PROJECT STATISTICS NTS
A0-110 RENDERING VIEW FROM SANTA MONICA PIER NTS
A0-111 RENDERING OCEAN AVENUE NTS
A0-112 RENDERING STREESCAPE VIEWS NTS
A0-113 RENDERING VIEW OF PEDESTRIAN MALL / 1ST STREET COURT NTS A0-114 RENDERING VIEW OF SANTA MONICA BLVD & 2ND STREET NTS A0-115 RENDERING VIEW OF CULTURAL USES FROM OCEAN AVE NTS A0-116 RENDERING VIEW FROM OCEAN AVE & CALIFORNIA AVE NTS A2-200 FLOOR PLANS
A2-201 FLOOR PLAN LEVEL 1 1"=40' A2-202 FLOOR PLAN LEVEL 2 1"=40' A2-203 FLOOR PLAN LEVEL 3 1"=40' A2-204 FLOOR PLAN LEVEL 4 1"=40' A2-205 FLOOR PLAN LEVEL 5 1"=40' A2-206 FLOOR PLAN LEVEL 6 1"=40' A2-207 FLOOR PLAN LEVEL 7 1"=40' A2-208 FLOOR PLAN LEVEL 8 1"=40' A2-209 FLOOR PLAN LEVEL 9 1"=40' A2-210 FLOOR PLAN LEVEL 10 1"=40' A2-211 FLOOR PLAN LEVEL 11 1"=40' A2-212 FLOOR PLAN LEVEL 12 1"=40' A2-213 PUBLICLY ACCESSABLE ROOF DECK PLAN 1"=40' A2-214 ROOF PLAN 1"=40' A2-2B1 LEVEL B1 FLOOR PLAN 1"=40' A2-2B2 LEVEL B2 FLOOR PLAN 1"=40' A2-2B3 LEVEL B3 FLOOR PLAN 1"=40' L2-200 LANDSCAPING PLANS L2-201 GROUND FLOOR SEATING AND LANDSCAPE PLAN 1"=40' L2-202 LEVEL 2 SEATING AND LANDSCAPE PLAN 1"=40' A3 ELEVATIONS AND SECTIONS A3-201 SECTION 1"=40' A3-202 SECTION 1"=40' A3-203 SECTION 1"=40' A3-204 SECTION 1"=40' A3-205 SECTION 1"=40' A3-206 SECTION 1"=40' A9 PROJECT DATA A9-101 A.N.G. CALCULATIONS
A9-102 AVERAGE BUILDING HEIGHT A9-103 URBAN DESIGN CONCEPT A9-104 URBAN DESIGN CONCEPT A9-110 CULTURAL USES A9-111 HISTORICAL BUILDINGS - LANDMARKS COMMISSION
A9-112 HISTORICAL BUILDING REVIEW
A9-113 QUEEN ANNE OVERVIEW
A9-114 SPANISH COLONIAL OVERVIEW
A9-115 HISTORICAL BUILDING CONSTRUCTION SEQUENCING
A9-120 OPEN SPACE GROUND LEVEL A9-121 OPEN SPACE OBSERVATION DECK A9-122 LARGE SITE REGULATIONS
A9-123 LARGE SITE REGULATIONS
TRUE NORTH
10.B.d
Packet Pg. 553 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
PROJECT OVERVIEW
1. CULTURAL USES BUILDING
2. LANDMARK BUILDINGS
3. PUBLICLY-ACCESSIBLE
OBSERVATION DECK
4. HOTEL
5. RENTAL APARTMENTS
6. RESTAURANT/RETAIL 1 2 2 3 4 5 5 5 5 6 6 6 6
AERIAL VIEW
A0-102
10.B.d
Packet Pg. 554 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
PROJECT
STATISTICS
A0-103
PROJECT INFORMATION
PROJECT NAME: OCEAN AVENUE PROJECT
EXISTING PROJECT ADDRESSES: 101 SANTA MONICA BOULEVARD, 1337 OCEAN AVENUE, 1333 OCEAN AVENUE, 1327 OCEAN AVENUE AND 129 SANTA MONICA
BOULEVARD
PROJECT DESCRIPTION: MIXED-USE PROJECT INCLUDING HOTEL, RESIDENTIAL
APARTMENTS, RETAIL/RESTAURANT, CULTURAL USES / CAMPUS
INCORPERATING TWO CITY-DESIGNATED LANDMARKS, AND
BELOW-GRADE PARKING.
LEGAL DESCRIPTION: OCEAN AVENUE PARCEL
101 SANTA MONICA BOULEVARD:
LOTS M, N, O, AND P BLOCK 148 OR THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1327 OCEAN AVENUE:
LOT "S" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1333 OCEAN AVENUE:
LOT "R" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1337 OCEAN AVENUE:
LOT "Q" IN BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 80 AND 81, AND IN BOOK 39 PAGE 45 ET. SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SECOND STREET PARCEL
LOTS I, J, K, L, BLOCK 148 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DCP DISTRICT: ESTABLISHED LARGE SITE OVERLAY, OCEAN TRANSITION (OCEAN AVENUE PARCEL), BAYSIDE CONSERVATION (2ND AND
4TH) (SECOND STREET PARCEL)
AVERAGE NATURAL GRADE (A.N.G): 77', SEE SHEET A9-101
KEY SUSTAINABILITY ELEMENTS: LEED PLATINUM
WATER NEUTRALITY
USE OF RECYCLED WATER
DOWNTOWN COMMINUTY PLAN - STANDARDS AND REGULATIONS
MAXIMUM HEIGHT PERMITTED: 130’ (DCP 9.10.080(A))
PROJECT HEIGHT: MAX. 130', SEE SHEETS A9-101 & A9-102
MAXIMUM FAR PERMITTED: 4.0 (DCP 9.10.080(B)(2))
PROJECT F.A.R.: 2.95 (243,630 SF / 82,569 SF)
OPEN SPACE REQUIREMENTS: 50% OF TOTAL PARCEL AREA COMPRISE OF THE FOLLOWING:
MIN 25% LOCATED AT THE GROUND FLOOR AND REMAINDER
WITHOUT A REGULATED LOCATION (DCP 9.10.080(C)(1))
PROJECT OPEN SPACE: COMPLIES, SEE SHEET A9-109 & A9-110 BUILDING FRONTAGE LINE: 15’ WIDE ALONG 2ND STREET, 20’ WIDE ALONG OCEAN AVENUE, 18’ WIDE ALONG SANTA MONICA BOULEVARD (DCP
ILLUSTRATION 4.11 BUILDING FRONTAGE LINE)
PROJECT SET BACKS: COMPLIES, SEE SHEET A9-101+A7:B20A5:E20A2:E20B9A9:B20A1:E20
PARKING
VEHICLES 285 PER DA SECTION 2.9
EV CHARGING INFRASTRUCTURE
EV CHARGERS - 10% OF THE VEHICULAR PARKING SPACES
EV READY - 4.5% OF VEHICULAR PARKING SPACES
EV READY, RACEWAYS/CONDUITS – 38.5% OF VEHICULAR PARKING SPACES BICYCLES - LONG TERM 0.2 SPACES/HOTEL ROOM AND 1 SPACE/3,000 SQUARE FEET OF FLOOR AREA FOR THE RETAIL/RESTAURANT/CULTURAL USES SPACE; 1 SPACE/RES BEDROOM
BICYCLES - SHORT TERM
NO LESS THAN EIGHT (8) SPACES FOR THE HOTEL PLUS 1 SPACE/4,000 SQUARE FEET OF FLOOR AREA FOR THE RETAIL/RESTAURANT/CULTURAL FACILITIES USES, 10% OF
LONG-TERM FOR RESIDENTIAL USE
FINAL AUTO AND BIKE PARKING LAYOUT SUBJECT TO REVIEW AND APPROVAL BY MOBILITY DIVISION
PROJECT FLOOR AREA
ABOVE-GRADE BELOW-GRADE TOTAL
ABOVE-GRADE MECHANICAL /
SHARED SERVICES
(I.E. TRASH, STORAGE, UTILITIES)
4,800 SF -- 4,800 SF
ROOFTOP PUBLICLY-ACCESSIBLE OBSERVATION
DECK
ENCLOSED ROOFTOP LOBBY AREA
240 SF -- 240 SF
CULTURAL USE CAMPUS
INCLUDES RELOCATED CITY-DESIGNATED
LANDMARKS
17,100 SF 18,400 SF 35,500 SF
RETAIL/RESTAURANT/COMMERCIAL
28,130 SF
INCLUDES 4,940 SF OUTDOOR
DINING
7,980 SF 36,110 SF
RESIDENTIAL
100 UNITS 103,900 SF 13,800 SF 117,700 SF
HOTEL
120 ROOMS
SPA
MEETING & BANQUET SPACE
COMMON AREA
BACK OF HOUSE
94,400 SF 28,000 SF 122,400 SF
TOTAL FLOOR AREA PER SMMC 9.04.080 248,570 SF 68,180 SF 316,750 SF
TOTAL FLOOR AREA FOR FAR CALC PER SMMC
9.04.090 243,630 SF -- -- FAR: 2.95 (243,630 SF/82,569 SF)
10.B.d
Packet Pg. 555 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
VIEW FROM
SANTA MONICA
A0-110
PIER
10.B.d
Packet Pg. 556 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
OCEAN AVENUE
A0-111
10.B.d
Packet Pg. 557 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
STREETSCAPE
VIEWS
A0-112
VIEW OF OCEAN AVENUE PASEO VIEW OF SANTA MONICA BLVD
10.B.d
Packet Pg. 558 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
PEDESTRIAN
MALL \ 1ST
A0-113
COURT ALLEY
10.B.d
Packet Pg. 559 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
VIEW OF SANTA
MONICA BLVD &
A0-114
2ND STREET
10.B.d
Packet Pg. 560 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
VIEW OF
CULTURAL USES
A0-115
FROM OCEAN AVE
10.B.d
Packet Pg. 561 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
RENDERING
VIEW FROM
OCEAN AVE &
A0-116
CALIFORNIA AVE
10.B.d
Packet Pg. 562 Attachment: Exhibit B Project Plans 07.26.2022 Part 1 of 3 (5241 : 2nd Reading - Gehry DA)
PEDESTRIAN MALL EXTERIOR
SPACE DN UP M DN
UP DN UP DNUP E
MAIN
ENTRANCE
10% 20% RAMP DOWN
FROM ALLEY ONE WAY
CULTURAL USES
1681 SF ENTRY LOBBY
1001 SF CULTURAL USES
1930 SF
CULTURAL USES
2336 SF CU
LOADING
1021 SF CULTURAL USES
548 SF WC
488 SF
BOH
176 SF UP HOTEL
LOBBY
1574 SF OBS
LOBBY
562 SF EVENT
LOBBY
655 SF HOTEL BOH
168 SF RETAIL / RESTAURANT BOH
1055 SF RETAIL/ RESTAURANT
3685 SF GUEST LOBBY
200 SF SERVICE / OBS
LOBBY
200 SF PRIMARY
TRANSFORMER
ROOM
1130 SF TRASH AND
RECYCLING
560 SF GENERATOR
ROOM
553 SF SECURITY OFFICE
210 SF WC
385 SF
DN
UP 4'-0" 4'-0"
5'-0" FR
UP
DN PP H H S P
SIGN AT BUILDING
FACE STARTING
14'-0" MIN. CLR HEIGHT SIGN AT BUILDING
FACE STARTING
15'-5" MIN. CLR HEIGHT PAVEMENT STRIPING TO SHOW
WHERE RRR TRUCK LOADING
OPERATIONS MUST OCCUR.
20' MIN. 20' MIN. 20' MIN. 80'-0" RIDE SHARE / PASSENGER LOADING ZONE 78'-0" VALET PARKING ZONE
SPANISH COLONIAL
LANDMARK BUILDING
QUEEN ANNE
LANDMARK BUILDING
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206 SANTA MONICA BLVD.
2ND ST.
1ST COURT
OCEAN AVE. NEW VEHICULAR ALLEY
RETAIL
3735 SF
RETAIL
3621 SF RETAIL
2921 SF
RESIDENTIAL MAIN
LOBBY
1339 SF
RETAIL / RESTAURANT
3863 SF RETAIL / RESTAURANT
1236 SF
LOADING
DOCK
1515 SF LEASING
OFFICE
316 SF
10%
20% RAMP UP FROM
LEVEL B3
ONE WAY WATER METER
367 SF GAS METER
387 SF
FIRE COMMAND
CENTER
236 SF
DATA
INCOMING
SERVICE ROOM
280 SF COM. COM. D
BLDGA
LOBBY
165 SF
MAIL ROOM
468 SF PACKAGE ROOM
109 SF PARCEL ROOM
162 SF ELEC. 98 SF TRASH
AND
RECYCLING
560 SF SEE NOTE A
DN
UP 4'-0" 4'-0"
5'-0" FR DNUP
DN
UP DN
DN
UP
DN
UP R R R R R R S
SHEET NUMBER GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653 ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT SIZE: 11"x17" THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022 TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK SERVICE AND MECHANICAL LEVEL 1
FLOOR PLAN
A2-201
NOTE A
TRASH LOADING CONCEPT IS
TO UTILIZE PORTABLE
INDUSTRIAL LIFTS TO UNLOAD
PRIVATE CONTAINERS BY THE
BUILDINGS OPERATIONAL
STAFF. CITY BINS ARE NOT
INTENDED TO BE MOVED
EXCEPT BY CITY RRR STAFF.
CONCEPT WILL BE FURTHER
DEVELOPED BY A WASTE /
RECYCLING MANAGEMENT
CONSULTANT DURING
SCHEMATIC DESIGN.
PER CONDITION 24 OF SECTION B
OF DA EXHIBIT “D”, FINAL AUTO AND
BICYCLE PARKING LAYOUT
SPECIFICATIONS SHALL BE SUBJECT
TO REVIEW AND APPROVAL OF THE
MOBILITY DIVISION AND BUILDING
AND SAFETY DIVISION.
10.B.e
Packet Pg. 563 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
DN M DN DNUP DNUP E
CULTURAL USES
3272 SF
OPEN TO BELOW
OPEN TO BELOW
OPEN TO BELOW
BOH
387 SF UP UP COM.
ELEC. R DNUP COM. R
DN
UP
DN
UP
COM. ELEC. R
DN
UP
DN
UP
ELEC.
COM. R B2.01
1 BR
933 SF B2.02
2 BR
1074 SF
B2.03
1 BR
711 SF B2.04
1 BR
735 SF
C2.01
1 BR
982 SF
C2.02
1 BR
656 SF
C2.03
1 BR
731 SF
D2.01
1 BR
875 SF D2.02
3 BR
1367 SF
D2.03
1 BR
777 SF
D2.05
1 BR
890 SF D2.04
2 BR
998 SF
D2.06
1 BR
862 SF
RETAIL/ RESTAURANT
662 SF
C2.04
STUDIO
759 SF
A2.01
1 BR
835 SF
A2.03
2 BR
1168 SF A2.04
1 BR
839 SF
A2.05
STUDIO
532 SF
D2.07
STUDIO
446 SF
D2.08
1 BR
789 SF
A2.02
STUDIO
519 SF D
H2.01
1.5 BAY
871 SQ. FT. H2.02
1.5 BAY
924 SQ. FT.
H2.03
1 BAY
509 SQ. FT.
H2.04
1 BAY
471 SQ. FT.
H2.05
1 BAY
477 SQ. FT.
H2.06
1 BAY
454 SQ. FT.
H2.07
1 BAY
454 SQ. FT.
H2.08
1 BAY
477 SQ. FT.
H2.09
1 BAY
457 SQ. FT. H2.10
1 BAY
512 SQ. FT. H H S S
WC
LOUNGE
POOL BAR
MEETING
ROOM 2
MEETING
ROOM 1
POOL BUSINESS CENTER GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP FR
DN
UP FR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 2
FLOOR PLAN
A2-202
10.B.e
Packet Pg. 564 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) H3.01
1.5 BAY
922 SQ. FT. H3.02
1.5 BAY
912 SQ. FT.
H3.03
1 BAY
535 SQ. FT.
H3.04
1 BAY
498 SQ. FT.
H3.05
1 BAY
465 SQ. FT.
H3.06
1 BAY
478 SQ. FT.
H3.07
1 BAY
446 SQ. FT.
H3.08
1 BAY
407 SQ. FT. H3.09
1 BAY
446 SQ. FT.
H3.10
1 BAY
463 SQ. FT.
H3.11
1 BAY
506 SQ. FT.
H3.12
1 BAY
452 SQ. FT.
H3.13
1 BAY
472 SQ. FT.
H3.14
1 BAY
526 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP
4'-0"
4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP
DN
UP R
ELEC.
COM. DNUP DNUP RCOM. DNUP DNUP
COM.
ELEC. R
DN
UP
DN
UP
COM.
ELEC. R DNUP DNUP
C3.01
2 BR
1039 SF
C3.02
2 BR
1297 SF
D3.04
STUDIO
507 SF
D3.01
1 BR
875 SF D3.02
3 BR
1367 SF
D3.03
1 BR
758 SF
D3.06
1 BR
815 SF D3.05
2 BR
960 SF
D3.07
1 BR
862 SF
A3.01
1 BR
835 SF
A3.02
STUDIO
542 SF
A3.03
2 BR
1123 SF
A3.04
1 BR
775 SF
D3.08
STUDIO
446 SF
D3.09
1 BR
789 SF
B3.01
1 BR
912 SF B3.02
2 BR
1074 SF
B3.03
1 BR
762 SF B3.04
1 BR
735 SF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL
CULTURAL USES
RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 3
FLOOR PLAN
A2-203
10.B.e
Packet Pg. 565 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
DN DN E
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
CULTURAL USES ROOF TERRACE
SKYLIGHT OPEN TO BELOWSKYLIGHT OPEN TO BELOW
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
H4.01
1.5 BAY
912 SQ. FT. H4.02
1.5 BAY
890 SQ. FT.
H4.03
1 BAY
536 SQ. FT.
H4.04
1 BAY
484 SQ. FT.
H4.05
1 BAY
489 SQ. FT.
H4.06
1 BAY
481 SQ. FT.
H4.07
1 BAY
445 SQ. FT.
H4.08
1 BAY
434 SQ. FT. H4.09
1 BAY
408 SQ. FT. H4.10
1 BAY
465 SQ. FT. H4.11
1 BAY
518 SQ. FT. H4.12
1 BAY
452 SQ. FT. H4.13
1 BAY
493 SQ. FT. H4.14
1 BAY
501 SQ. FT. H H S S
DN
UP
DN
UP R
ELEC.
COM. DNUP DNUP COM. R DNUP DNUP
COM.
ELEC. R
DN
UP
DN
UP
COM. ELEC. R
B4.01
1 BR B4.02
2 BR
B4.03
STUDIO B4.04
1 BR
D4.01
1 BR D4.02
3 BR
D4.03
1 BR
D4.04
1 BR
D4.07
1 BR
D4.06
1 BR D4.05
2 BR
A4.01
1 BR
A4.02
STUDIO
A4.03
2 BR
A4.04
1 BR
C4.01
2 BR
C4.02
2 BR
D4.08
STUDIO
D4.09
1 BR
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 4
FLOOR PLAN
A2-204
10.B.e
Packet Pg. 566 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) DN
UP
DN
UP R
ELEC.
COM. DNUP DNUP
COM.
ELEC. R
DN
UP
DN
UP
COM. ELEC. R DN BUILDING
"C" ROOF
EL. +60'-0" CULTURAL USES ROOF
H5.01
1.5 BAY
870 SQ. FT. H5.02
1.5 BAY
855 SQ. FT.
H5.03
1 BAY
504 SQ. FT.
H5.04
1 BAY
464 SQ. FT.
H5.05
1 BAY
468 SQ. FT.
H5.06
1 BAY
497 SQ. FT.
H5.07
1 BAY
460 SQ. FT.
H5.08
1 BAY
439 SQ. FT. H5.09
1 BAY
420 SQ. FT. H5.10
1 BAY
463 SQ. FT. H5.11
1 BAY
524 SQ. FT. H5.12
1 BAY
475 SQ. FT. H5.13
1 BAY
470 SQ. FT. H5.14
1 BAY
502 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC TELECOM
FR
DN
UP FS
DN
UP
D5.01
3 BR
1505 SF
D5.02
1 BR
846 SF
D5.03
3 BR
1130 SF D5.04
1 BR
788 SF
D5.05
1 BR
742 SF
D5.06
1 BR
872 SF
A5.01
1 BR
835 SF
A5.02
STUDIO
542 SF
A5.03
2 BR
1123 SF
A5.04
1 BR
775 SF
B5.01
1 BR
813 SF B5.02
2 BR
1027 SF
B5.03
STUDIO
590 SF B5.04
1 BR
875 SF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 5
FLOOR PLAN
A2-205
10.B.e
Packet Pg. 567 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
DNUP DNUP
COM.
ELEC. R
DN
UP
DN
UP R
ELEC.
COM.
DN
BUILDING
"C" ROOF
BUILDING
"A" ROOF
B6.01
1 BR B6.02
2 BR
D6.01
3 BR
D6.02
1 BR
D6.03
1 BR
D6.04
1 BR D6.05
1 BR
D6.06
1 BR
B6.03
2 BR
TERRACE
TERRACE
TERRACE
TERRACE
H6.01
2 BAY
1046 SQ. FT.
H6.02
3 BAY
1613 SQ. FT.
H6.03
2 BAY
1167 SQ. FT.
H6.04
3 BAY
1725 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 6
FLOOR PLAN
A2-206
10.B.e
Packet Pg. 568 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) DN
UP
DN
UP R
ELEC.
COM. DNUP DNUP
COM.
ELEC. R
BUILDING
"C" ROOF
BUILDING
"A" ROOF
D7.01
3 BR
1409 SF
D7.02
1 BR
757 SF
D7.03
1 BR
671 SF
D7.04
1 BR
781 SF D7.05
1 BR
755 SF
D7.06
1 BR
905 SF B7.01
1 BR
788 SF B7.02
2 BR
1061 SF B7.03
2 BR
1185 SF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
H7.01
2 BAY
1018 SQ. FT.
H7.02
1 BAY
549 SQ. FT.
H7.03
1 BAY
516 SQ. FT.
H7.04
1 BAY
578 SQ. FT.
H7.05
1 BAY
502 SQ. FT. H7.06
1 BAY
495 SQ. FT.
H7.07
1 BAY
570 SQ. FT.
H7.08
1 BAY
549 SQ. FT.
H7.09
1 BAY
626 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 7
FLOOR PLAN
A2-207
10.B.e
Packet Pg. 569 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
BUILDING
"C" ROOF
BUILDING
"A" ROOF
D8.01
3 BR
D8.02
3 BR
D8.03
3 BR B8.01
1 BR B8.02
2 BR B8.03
2 BR
H8.01
2 BAY
H8.02
1 BAY
H8.03
1 BAY
H8.04
1 BAY
H8.05 H8.06 1 BAY
1 BAY
H8.07
1 BAY
H8.08
1 BAY
H8.09
1 BAY H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR DNUP DNUP
COM.
ELEC. R
DN
UP
DN
UP R
COM. ELEC.
D8.01
3 BR
D8.02
3 BR
D8.03
3 BR B8.01
1 BR B8.02
2 BR B8.03
2 BR
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 8
FLOOR PLAN
A2-208
10.B.e
Packet Pg. 570 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) H9.01
2 BAY
1045 SQ. FT.
H9.02
1 BAY
548 SQ. FT.
H9.03
1 BAY
492 SQ. FT.
H9.04
1 BAY
558 SQ. FT.
H9.05
1 BAY
485 SQ. FT. H9.06
1 BAY
486 SQ. FT.
H9.07
1 BAY
550 SQ. FT.
H9.08
1 BAY
544 SQ. FT.
H9.09
1 BAY
610 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR DNUP DNUP
COM.
ELEC. R
DN
BUILDING
"C" ROOF
BUILDING
"A" ROOF
BUILDING
"D" ROOF B9.01
1 BR
788 SF B9.02
2 BR
1061 SF B9.03
2 BR
1185 SF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 9
FLOOR PLAN
A2-209
10.B.e
Packet Pg. 571 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) H10.01
2 BAY
1034 SQ. FT.
H10.02
1 BAY
545 SQ. FT.
H10.03
1 BAY
459 SQ. FT.
H10.04
1 BAY
558 SQ. FT.
H10.05
1 BAY
504 SQ. FT. H10.06
1 BAY
481 SQ. FT.
H10.07
1 BAY
553 SQ. FT.
H10.08
1 BAY
507 SQ. FT.
H10.09
1 BAY
567 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
BUILDING
"C" ROOF
BUILDING
"A" ROOF
BUILDING
"D" ROOF
BUILDING
"B" ROOF DN
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 10
FLOOR PLAN
A2-210
10.B.e
Packet Pg. 572 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) H11.01
2 BAY
1046 SQ. FT.
H11.02
1 BAY
544 SQ. FT.
H11.03
1 BAY
501 SQ. FT.
H11.04
1 BAY
572 SQ. FT.
H11.05
1 BAY
505 SQ. FT. H11.06
1 BAY
480 SQ. FT.
H11.07
1 BAY
570 SQ. FT.
H11.08
1 BAY
508 SQ. FT.
H11.09
1 BAY
562 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
BUILDING
"C" ROOF
BUILDING
"A" ROOF
BUILDING
"D" ROOF
BUILDING
"B" ROOF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 11
FLOOR PLAN
A2-211
10.B.e
Packet Pg. 573 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) H12.01
2 BAY
1051 SQ. FT.
H12.02
1 BAY
555 SQ. FT.
H12.03
1 BAY
502 SQ. FT.
H12.04
1 BAY
568 SQ. FT.
H12.05
1 BAY
504 SQ. FT. H12.06
1 BAY
507 SQ. FT.
H12.07
1 BAY
576 SQ. FT.
H12.08
1 BAY
511 SQ. FT.
H12.09
1 BAY
579 SQ. FT. H H S S
GUEST
LOBBY
SERVICE
LOBBY
ELEC LINEN TELECOM
DN
UP 4'-0" 4'-0"
5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR
BUILDING
"C" ROOF
BUILDING
"A" ROOF
BUILDING
"D" ROOF
BUILDING
"B" ROOF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
LEVEL 12
FLOOR PLAN
A2-212
10.B.e
Packet Pg. 574 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
BUILDING
"A" ROOF
BUILDING
"B" ROOF
BUILDING
"C" ROOF
BUILDING
"D" ROOF
DN
UP FR
DN
UP FR S P
PUBLICLY
ACCESSIBLE ROOF DECK
COOLING
TOWER
MEP OBS LOBBY
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
PUBLICLY
ACCSESSIBLE
ROOF DECK
A2-213
PLAN
10.B.e
Packet Pg. 575 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
HOTEL ROOF
EL. +130'-0"
BUILDING
"A" ROOF
BUILDING
"B" ROOF
BUILDING
"C" ROOF
BUILDING
"D" ROOF
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
RESIDENTIAL BUILDING ROOF HEIGHTS RANGE FROM
+53'-106'
CORNER
RESTAURANT / RETAIL APPROXIMATE HEIGHT
IS +44'
POTENTIAL ZONES
AVAILABLE FOR SOLAR
PANELS, SHOWN DASHED
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK
SERVICE AND MECHANICAL
ROOF PLAN
A2-214
10.B.e
Packet Pg. 576 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
MEP SITE CROSS-OVER
BELOW
VAULT
DN
UP 4'-0" 4'-0" 5'-0" FR
DN
UP 4'-0" 4'-0"
5'-0" FR DNUP
DN
UP DNUP DNUP DNUP
DN
UP R S R R H H S S
DN
UP DNUP D
SERVICE
LOBBY GUEST
LOBBY OPEN TO
BELOW
OPEN TO
BELOW
UTILITY VAULT
10% 20% RAMP UP
TO 2ND ST
20% RAMP DOWN
FROM ALLEY
RETAIL / RESTAURANT
5089 SF RESIDENTIAL TRASH AND
RECYCLING
564 SF RESIDENTIAL TRASH AND
RECYCLING
435 SF RESIDENTIAL TRASH AND
RECYCLING
555 SF
RESIDENTIAL TRASH AND
RECYCLING
375 SF
RESIDENTIAL STORAGE
LOCKERS
72 UNITS
3377 SF
EMPLOYEE
FACILITIES
3261 SF ENG. & MAINTENANCE WORKSHOP
586 SF
SPA
3290 SF RETAIL / RESTAURANT
1671 SF
STORM WATER
TANK
308 SF STORM WATER
PUMPS
336 SF
STORM WATER
TANK
294 SF STORM WATER
PUMPS
163 SF
ADMINISTRATIVE OFFICES
1912 SF HOUSEKEEPING
1136 SF CHILLERS
1592 SF LINEN / UNIFORM
STORAGE
488 SF
RESIDENTIAL
LONG-TERM
BICYCLE
STORAGE
1682 SF RESIDENTIAL OFFICES
341 SF
STORAGE
270 SF STORAGE
257 SF RESIDENTIAL ENGINEERING AND MAINTENANCE WORKSHOP 1218 SF
MECHANICAL
1202 SF
MECHANICAL
1202 SF
RESIDENTIAL STORAGE
LOCKERS
28 UNITS
1483 SF
OPEN TO
BELOW
OPEN TO
BELOW
OPEN TO
BELOW
SPA
LOBBY
566 SF SPA RETAIL
230 SF
SWITCHGEAR
ROOM
527 SF
SEE NOTE A
SEE NOTE A
SEE NOTE A
SEE NOTE A A3-205
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653 ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT SIZE: 11"x17" THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022 TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK SERVICE AND MECHANICAL LEVEL B1
FLOOR PLAN
A2-2B1
NOTE A
TRASH LOADING CONCEPT IS
TO UTILIZE PORTABLE
INDUSTRIAL LIFTS TO UNLOAD
PRIVATE CONTAINERS BY THE
BUILDINGS OPERATIONAL
STAFF. CITY BINS ARE NOT
INTENDED TO BE MOVED
EXCEPT BY CITY RRR STAFF.
CONCEPT WILL BE FURTHER
DEVELOPED BY A WASTE /
RECYCLING MANAGEMENT
CONSULTANT DURING
SCHEMATIC DESIGN.
PER CONDITION 24 OF SECTION B
OF DA EXHIBIT “D”, FINAL AUTO AND
BICYCLE PARKING LAYOUT
SPECIFICATIONS SHALL BE SUBJECT
TO REVIEW AND APPROVAL OF THE
MOBILITY DIVISION AND BUILDING
AND SAFETY DIVISION.
10.B.e
Packet Pg. 577 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) A3-205
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206 S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S C C S S S S S S S SS S S S HV S C CC C C S S C HC HC
TO HOTEL / RETAIL VALET
TO RESIDENTIAL VALET HOTEL / RETAIL VALET
10%
20% RAMP DOWN
TO LEVEL B3 RAMP UP
TO 2ND ST RAMP DOWN
FROM ALLEY ONE WAY
ONE WAY GARAGE
EXHAUST
BANQUET BALLROOM
BANQUET STORAGE GARAGE
INTAKE
BANQUET BOH
CULTURAL USES
CULTURAL USES
BOH
WC
SERVICE
LOBBY GUEST
LOBBY
EVENT
LOBBY
PARKING LAYOUTS WILL BE REVISED
DURING SD TO ACCOMMODATE THE REQUIRED 285 PARKING SPACES 10%
DN
UP
UP M DNUP DNUP
DN
UP 4'-0" 4'-0" 5'-0" FR
DN
UP 4'-0" 4'-0" 5'-0" FR PP H H S S R R R
SHEET NUMBER GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653 ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT SIZE: 11"x17" THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022 TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK SERVICE AND MECHANICAL LEVEL B2
FLOOR PLAN
A2-2B2
PER CONDITION 24 OF SECTION B
OF DA EXHIBIT “D”, FINAL AUTO AND
BICYCLE PARKING LAYOUT
SPECIFICATIONS SHALL BE SUBJECT
TO REVIEW AND APPROVAL OF THE
MOBILITY DIVISION AND BUILDING
AND SAFETY DIVISION.
10.B.e
Packet Pg. 578 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S C S S C S S C C C S S S C C C S S S C C C S S S C C C S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S C S S S S S S S HV HC HCHC S S C S C S S SS S S C S S C C C C CC C S S S C C C S SC CC S C CCC C A3-205
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206 RESIDENTIAL VALET RAMP UP
TO LEVEL B3 ONE WAY
ONE WAY
GARAGE
EXHAUST
GARAGE
EXHAUST
HOTEL, CULTURAL USES
AND
RETAIL
LONG-TERM
BICYCLE
STORAGE
STORAGE
GARAGE
INTAKE
GREASE
INTERCEPTOR SERVICE
LOBBY
ELEV. CONTROL ROOM
PARKING LAYOUTS WILL BE REVISED
DURING SD TO ACCOMMODATE THE REQUIRED 285 PARKING SPACES 20%
10% DNUP
DN
UP DNUP
DN
UP FR S P P R S S R R R
SHEET NUMBER GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653 ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT SIZE: 11"x17" THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022 TRUE NORTH
LEGEND
RETAIL/ RESTAURANT HOTEL CULTURAL USES RESIDENTIAL PUBLIC / OBS. DECK SERVICE AND MECHANICAL LEVEL B3
FLOOR PLAN
A2-2B3
PER CONDITION 24 OF SECTION B
OF DA EXHIBIT “D”, FINAL AUTO AND
BICYCLE PARKING LAYOUT
SPECIFICATIONS SHALL BE SUBJECT
TO REVIEW AND APPROVAL OF THE
MOBILITY DIVISION AND BUILDING
AND SAFETY DIVISION.
10.B.e
Packet Pg. 579 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
PLAN COMMON NAME BOTANICAL NAME
MAJESTIC BEAUTY
FRUITLESS OLIVE OR
SIMILAR OLEA EUROPAEA
'MONHER' SITE PLANTING LEGEND
NATCHEZ CRAPE MYRTLE OR SIMILARLAGERSTROEMIA INDICA
X FAURIEI 'NATCHEZ' NOTES
EVERGREEN MATURE HEIGHT 35' MATURE WIDTH 35' WATER USE: DROUGHT TOLERANT DECIDUOUS MATURE HEIGHT 20' MATURE WIDTH 20' WATER USE: DROUGHT TOLERANT MIXED GROUNDCOVER
INCLUDING UC VERDE
BUFFALO GRASS AND
COASTAL NATIVE MEADOW OR SIMILAR
BUCHLOE DACTYLOIDES
'UC VERDE' AND
SESLERIA AUTUMNALIS OVERSEEDED WITH S&S
SEEDS CA COASTAL NATIVE WILDFLOWER MIX DECIDUOUS MATURE HEIGHT 25'' WATER USE: LOW TO VERY LOW
FLAME TREE OR SIMILAR DELONIX REGIA MAGNOLIA
LITTLE GEM OR SIMILAR MAGNOLIA GRANDIFLORA
EVERGREEN MATURE HEIGHT 15' MATURE WIDTH 5' WATER USE: DROUGHT TOLERANT AMERICAN SWEETGUM
OR SIMILAR
LIQUIDAMBAR
STYRACIFLUA DECIDUOUS MATURE HEIGHT 16' MATURE WIDTH 16' WATER USE: DROUGHT TOLERANT EVERGREEN IN SOUTH MATURE HEIGHT 60' MATURE WIDTH 40' WATER USE: DROUGHT TOLERANT PEDESTRIAN MALL
EXTERIOR
SPACE DN UP M DN
UP DN UP DNUP E UP
DN
UP 4'-0" 4'-0"
5'-0" FR
UP
DN PP H H S P
SIGN AT BUILDING
FACE STARTING
14'-0" MIN. CLR HEIGHT SIGN AT BUILDING
FACE STARTING
15'-5" MIN. CLR HEIGHT PAVEMENT STRIPING TO SHOW
WHERE RRR TRUCK LOADING
OPERATIONS MUST OCCUR.
20' MIN. 20' MIN. 20' MIN. 80'-0" RIDE SHARE / PASSENGER LOADING ZONE 78'-0" VALET PARKING ZONE
SPANISH COLONIAL
LANDMARK BUILDING
QUEEN ANNE
LANDMARK BUILDING
A3-205
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
MAIN
ENTRANCE
10% 20% RAMP DOWN
FROM ALLEY ONE WAY
CULTURAL USES
ENTRY
LOBBY CULTURAL USES
CULTURAL USES CU
LOADING
LOBBY HOTEL
LOBBY OBS
LOBBY
EVENT
LOBBY RETAIL / RESTAURANT BOH
RETAIL/ RESTAURANT
RETAIL / RESTAURANT
RETAIL / RESTAURANT RETAIL / RESTAURANT
RESIDENTIAL MAIN
LOBBY
RETAIL / RESTAURANT
RETAIL / RESTAURANT
LOADING
DOCK
5%
20% RAMP UP FROM
LEVEL B3
ONE WAY D
TRASH
10%
20% RAMP UP FROM
LEVEL B3
ONE WAY COM. COM. D
SEE NOTE A
DN
UP 4'-0" 4'-0"
5'-0" FR DNUP
DN
UP DN
DN
UP
DN
UP R R R R R R S SANTA MONICA BLVD.
2ND ST.
1ST COURT
OCEAN AVE. NEW VEHICULAR ALLEY
SHEET NUMBER GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653 ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT SIZE: 11"x17" THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022 TRUE NORTH
GROUND
FLOOR SEATING
AND LANDSCAPE
L2-201
PLAN
PER CONDITION 24 OF SECTION B
OF DA EXHIBIT “D”, FINAL AUTO AND
BICYCLE PARKING LAYOUT
SPECIFICATIONS SHALL BE SUBJECT
TO REVIEW AND APPROVAL OF THE
MOBILITY DIVISION AND BUILDING
AND SAFETY DIVISION.
10.B.e
Packet Pg. 580 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
PLAN COMMON NAME BOTANICAL NAME
MAJESTIC BEAUTY
FRUITLESS OLIVE OR
SIMILAR OLEA EUROPAEA
'MONHER' SITE PLANTING LEGEND
NATCHEZ CRAPE MYRTLE OR SIMILARLAGERSTROEMIA INDICA
X FAURIEI 'NATCHEZ'
NOTES
EVERGREEN MATURE HEIGHT 35' MATURE WIDTH 35' WATER USE: DROUGHT TOLERANT DECIDUOUS MATURE HEIGHT 20' MATURE WIDTH 20' WATER USE: DROUGHT TOLERANT
MIXED GROUNDCOVER
INCLUDING UC VERDE
BUFFALO GRASS AND
COASTAL NATIVE MEADOW OR SIMILAR
BUCHLOE DACTYLOIDES
'UC VERDE' AND
SESLERIA AUTUMNALIS OVERSEEDED WITH S&S
SEEDS CA COASTAL NATIVE WILDFLOWER MIX
DECIDUOUS MATURE HEIGHT 25'' WATER USE: LOW TO VERY LOW
FLAME TREE OR SIMILAR DELONIX REGIA MAGNOLIA
LITTLE GEM OR SIMILAR MAGNOLIA GRANDIFLORA
EVERGREEN MATURE HEIGHT 15' MATURE WIDTH 5' WATER USE: DROUGHT TOLERANT AMERICAN SWEETGUM
OR SIMILAR
LIQUIDAMBAR
STYRACIFLUA
DECIDUOUS MATURE HEIGHT 16' MATURE WIDTH 16' WATER USE: DROUGHT TOLERANT EVERGREEN IN SOUTH MATURE HEIGHT 60' MATURE WIDTH 40' WATER USE: DROUGHT TOLERANT DN M DN DNUP DNUP E UP UP COM.
ELEC. R DNUP COM. R
DN
UP
DN
UP
COM. ELEC. R
DN
UP
DN
UP
ELEC.
COM. R
A3-205
A3-101
A3-102
A3-103
A3-204 A3-203
A3-202
A3-201
A3-202
A3-201
A3-206
H2.01
1.5 BAY H2.021.5 BAY
H2.03
1 BAY
H2.04
1 BAY
H2.05
1 BAY
H2.06
1 BAY
H2.07
1 BAY
H2.08
1 BAY
H2.09
1 BAY
H2.10
1 BAY H H S S
LOUNGE
POOL BAR MEETING ROOM
MEETING ROOM
POOL
BUSINESS CENTER
CULTURAL USES
OPEN TO BELOW
OPEN TO BELOW
OPEN TO BELOW
BOH
B2.01
1 BR B2.02
2 BR
B2.03
1 BR B2.04
1 BR
C2.01
1 BR
C2.02
1 BR
C2.03
1 BR
D2.01
1 BR D2.02
3 BR
D2.03
1 BR
D2.05
1 BR
EL. +95'-8"
D2.04
2 BR
D2.06
1 BR
RETAIL/ RESTAURANT
C2.04
STUDIO
A2.01
1 BR
A2.03
2 BR A2.04
1 BR
A2.05
STUDIO
D2.07
STUDIO
D2.08
1 BR
A2.02
STUDIO D
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
LEVEL 2
SEATING AND
LANDSCAPE
L2-202
PLAN
10.B.e
Packet Pg. 581 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
HOTEL ROOF MAXIMUM HEIGHT
+130' ABOVE A.N.G.
GROUND LEVEL +0' (+77'-0" A.N.G.)
CULTURAL USES
SANTA
MONICA
BLVD
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESTAURANT / RETAIL EVENT LOBBY MECHANICAL RETAIL / RESTAURANT CULTURAL USES
CULTURAL USES
CU LOADING
DOCK
PARKING
PARKING
CULTURAL USES
PARKING
EMPLOYEE
FACILITIES RESIDENTIAL BOH
PARKING
EVENT LOBBY
BANQUET KITCHEN
ROOF MAXIMUM HEIGHT
+60' ABOVE A.N.G.
HOTEL POOL
PARKING RAMP BEYOND HOTEL BOH
PL PL
VALET BOH
HOTEL BOH
MECHANICAL
HEIGHT RANGES
+53' - +106' ABOVE A.N.G. RESIDENTIAL BLDG ROOF
CULTURAL USES
OPENING
BEYOND OPENING
BEYOND OPENINGBEYOND
OPENING
BEYOND
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
OBSERVATION
ELEV. / LOBBY 26'-0"
HOTEL
MECH.
ELEV. 22'-0" D CBA H M
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
SECTION
A3-201
10.B.e
Packet Pg. 582 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) SANTA
MONICA
BLVD
PARKING
PARKING
CULTURAL USES
PARKING
BALLROOM LOBBY
BALLROOM PREFUNCTION
SPA LOBBY SPA
PL PL
CULTURAL USES
CULTURAL USES
ENTRY LOBBY
CULTURAL USES
CULTURAL USES
RESTAURANT / RETAIL
RESTAURANT / RETAIL
RESTAURANT / RETAIL
RESIDENTIAL BLDG ROOF
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
HOTEL
RESTAURANT / RETAIL HOTEL LOBBY
OBSERVATION
DECK OBSERVATIONDECK
HEIGHT RANGES
+53'- +108' ABOVE A.N.G.
MAXIMUM HEIGHT
+130' ABOVE A.N.G.
GROUND LEVEL +0'-0" (+77'-0" A.N.G.)
ROOF MAXIMUM HEIGHT
+60'-0" ABOVE A.N.G.
HOTEL ROOF 22'-0" 22'-0"
HOTEL ELEVATOR 18'-0" D CBA H M
A3-202
A3-201
A3-202
A3-201
A3-206
SECTION
A3-202
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
10.B.e
Packet Pg. 583 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) GROUND LEVEL +0'-0" (+77'-0" A.N.G.)
RESIDENTIAL
BLDG C
PL PL
2ND ST OCEAN AVE
RESIDENTIAL
BLDG A
PL PL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL RESIDENTIAL RESIDENTIAL
RESIDENTIAL RESIDENTIAL MECH. RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL RESIDENTIAL RESIDENTIAL
RESTAURANT / RETAIL RESIDENTIAL BOH
PARKING
PARKING
RESTAURANT / RETAIL MECH.
RESIDENTIAL RESIDENTIAL
PARKING
PARKING
MECH. HOTEL
RESIDENTIAL
BLDG B
CORNER
RESTAURANT
/ RETAIL
RESTAURANT / RETAIL
HEIGHT RANGES
+53' - +106' ABOVE A.N.G. RESIDENTIAL BLDG ROOF
RESTAURANT / RETAIL
SECTION CUT TAKEN THROUGH
TUNNELS CONNECTING GARAGES
RESTAURANT / RETAIL
RESTAURANT / RETAIL
MECH.
MECH. D CBA H M S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S C S S C S S C C C S S S C C C S S S C C C S S S C C C S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S C S S S S S S S HV HC HCHC S S C S C S S SS S S C S S C C C C CC C S S S C C C S SC CC S C CCC C DNUP DN
UP DNUP
DN
UP FR S P P R S S R R R
SECTION
A3-203
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
KEY PLAN
KEY PLAN
10.B.e
Packet Pg. 584 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) 2ND ST OCEAN AVE
HOTEL
PARKING
PARKING
RESIDENTIAL BOH
PARKING
PARKING
RESTAURANT / RETAIL
RESIDENTIAL
BLDG C
RESIDENTIAL
BLDG A
CORNER
RESTAURANT / RETAIL
PL PL PL PL
MECH.
RESIDENTIAL MAIN LOBBY RETAIL / RESTAURANT
RESIDENTIAL
BLDG B
RESIDENTIAL BLDG ROOF
GROUND LEVEL +0'-0" (+77'-0" A.N.G.)
HEIGHT RANGES
+53' - +106' ABOVE A.N.G.
RETAIL / RESTAURANT D CBA H M
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
KEY PLAN
SECTION
A3-204
10.B.e
Packet Pg. 585 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) GROUND LEVEL +0'-0" (+77'-0" A.N.G.)
SANTA
MONICA
BLVD
PL
RESIDENTIAL
BLDG D
PL
PARKING
PARKING
PARKING
PARKING
RESIDENTIAL
LONG-TERM
BICYCLE STORAGE
RESIDENTIAL MAIN LOBBY
AND MAILROOM
NEW
VEHICULAR
ALLEY
PARCEL
ROOMS RESTAURANT / RETAIL RAMP
TO LEVEL B3 MECH.
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
LOCKERS RESIDENTIALLOCKERS
RESIDENTIAL
BLDG C
MECHANICAL RESIDENTIAL BLDG ROOF HEIGHT RANGES
+53' - +106' ABOVE A.N.G.
RESIDENTIAL TRASH /
RECYCLING 15'-5" CLR MIN D CBA H M
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
KEY PLAN
SECTION
A3-205
10.B.e
Packet Pg. 586 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA) GROUND LEVEL +0'-0" (+77'-0" A.N.G.)
RESIDENTIAL BLDG ROOF HEIGHT RANGES
+53' - +106' ABOVE A.N.G.
SANTA
MONICA
BLVD
PL
RESIDENTIAL
BLDG D
PL
PARKING
TUNNEL CONNECTION
RESTAURANT / RETAIL
RESIDENTIAL
BLDG B
PARKING
TUNNEL CONNECTION
PARKING
TUNNEL CONNECTION
PARKING
TUNNEL CONNECTION
NEW VEHICULAR
ALLEY
LOADING
DOCK RESIDENTIAL MAIN LOBBY
PARKING
BEYOND 29'-0" 29'-0" 10'-0" 10'-0" 10'-0" 10'-0"
ESTIMATED LOCATION OF EXISTING UTILITIES TO
REMAIN D CBA H M
A3-202
A3-201
A3-202
A3-201
A3-206
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
KEY PLAN
SECTION
A3-206
10.B.e
Packet Pg. 587 Attachment: Exhibit B Project Plans 07.26.2022 Part 2 of 3 (5241 : 2nd Reading - Gehry DA)
SANTA MONICA
BLVD
PARKING
PARKING
CULTURAL USES
PARKING
BALLROOM LOBBY
BALLROOM PREFUNCTION
SPA LOBBY SPA
CULTURAL USES CULTURAL USES
ENTRY LOBBY CULTURAL USES RESTAURANT / RETAIL
RESTAURANT / RETAIL
RESTAURANT / RETAIL
HOTEL
HOTEL HOTEL HOTEL HOTEL HOTEL HOTEL HOTEL HOTEL HOTEL HOTEL HOTEL RESTAURANT / RETAIL HOTEL LOBBY
OBSERVATION
DECK OBSERVATIONDECK 9'-2" 21'-8" 20'-10" 22'-0" 22'-0" HOTEL ELEVATOR 18'-0" D CBA H M
A3-202
A3-201
A3-206 0 32' 64' 128' SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
GROUND LEVEL +0'-0" (+77'-0" A.N.G.)
+53' - +106' ABOVE A.N.G. RESIDENTIAL BLD ROOF HEIGHTS RANGES HOTEL ROOF MAX HEIGHT +130' ABOVE A.N.G.
KEY PLAN
A.N.G. CALCULATIONS
Average Natural Grade is established by the City of Santa Monica standards for the purpose of calculating building height.
CALCULATIONS
79’-8” 79.67
78’-11” 78.92
77’-10” 77.83
78’-7” 78.58
75’-8” 75.67
75’-4” 75.33
75’-2” 75.17
75’-0” 75.00
TOTAL: 616.17
AVERAGE NATURAL GRADE
616.17 8 = 77'-0" A.N.G.
A.N.G.
CALCULATIONS
A9-101
10.B.f
Packet Pg. 588 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH 0 16' 32' 64'
AVERAGE BUILDING HEIGHT
Understanding that building height is a sensitive topic, we have utilized the concept of Average Building Height to demonstrate the interplay between height and density on this site. The purpose of relying on an average height concept for buildings within the downtown core is to encourage the incorporation of publicly accessible open space at the ground level of new projects, and to encourage a variety of scales within allotted zoning envelopes. It is a tool that would allow minimizing floorplates at higher elevations, providing control of access to natural light, view corridors, and ocean breezes.
As an example, the approved housing project at 5th and Broadway has a maximum height of 84', and an average height of 64'-10".
The project we are proposing has a maximum height of 130', but an average height of only 48'-1".
The average building height concept can be used in conjunction with additional requirements to control appropriate building massing. A detailed description of this concept is provided in the appendix.
Solar studies to assess shade/shadow has been updated for the revised design, and are provided in the appendix.
AVERAGE
BUILDING
HEIGHT
A9-102
10.B.f
Packet Pg. 589 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA) Cultural Uses
Max. Roof Height
+60' above A.N.G.
Gussie
Moran
House
Ocean Avenue Project Santa Monica Blvd 1401 Ocean Ave Georgian Hotel
Bay Cities
Guaranty Building
+140'
123 Santa Monica
Blvd Parking
+80'
Hotel Roof Max. Height
+130' above A.N.G.
Residential Min. Height
+53' above A.N.G.
Residential Max. Height
+106' above A.N.G. Shangri-La Hotel
+80'
+40-45'
+90'
1431 Ocean Ave
+180'
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
URBAN DESIGN CONCEPT
The design team has received significant input from the community outreach process, the planning department, and the architectural review board. The extensive outreach process used in developing the approved DCP informs the revised project, resulting in a lower maximum height appropriate to the downtown context. A slender tower is oriented in an east-west direction, maximizing views to the oceanfront for areas to the east.
To reduce the height of the project, area that previously occupied the taller portions of the project has been redistributed in a responsible manner to other portions of the site.
The tower location remains weighted towards Ocean Avenue, however its height has been reduced from 244' to 130', measured to the roof. The tower's new height associates it more with the mid-rise buildings in downtown as opposed to the tall towers.
The residential component has been distributed among four distinct buildings with varying heights from 106' to 53'. The existing context has a series of mid-rise buildings along Santa Monica Boulevard from 5th Street to Ocean Avenue, and the taller residential buildings have therefore been placed along this street.
The lower height buildings have been placed on the north side of the site, along each of 2nd Street (residential) and Ocean Avenue (museum complex).
The building street fronts are modulated to enhance activity by allowing for a variety of experiences at the sidewalk. Breaks in the building facade help maintain a scaled relationship to pedestrians and the adjacent context.
URBAN DESIGN
CONCEPT
0 32' 64' 128' A9-103
10.B.f
Packet Pg. 590 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA) +0'-0" A.N.G.
Ocean Ave Ocean Avenue Project 2nd St 201 Santa Monica Blvd Alley Bay Cities Guaranty
Building
1352 3rd St 3rd St
Residential Min. Height
+53' above A.N.G.
Residential Max. Height
+106' above A.N.G. +90'
+140'
100 Wilshire Blvd
+300'
1299 Ocean Ave
+150'
The Huntley Hotel
+175'
Hotel Roof Max. Height
+130' above A.N.G.
Juniper Building
+50'
PL PL PL PL
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
URBAN DESIGN
CONCEPT
A9-104
10.B.f
Packet Pg. 591 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
CULTURAL FACILITIES
Cultural facilities and activated open space are key elements in the project's conceptual design and configuration. The design proposes preservation and re-use of two landmarked buildings to be combined with a new Gehry-designed building to form an approximately 35,500 sf cultural uses campus on the northern part of the site.
Preliminary discussions are underway with potential arts partners to establish what we aspire to be an acclaimed and important exhibition venue promoting both regional and internationally known works.
The three ground level cultural uses buildings define the boundaries of a new publicly accessible open space that supports the City's urban design goals to reinvigorate the eastern side of Ocean Avenue. The area will be landscaped and designed to invite pedestrian access and circulation to and from the sidewalk and between buildings accessing the cultural uses and retail/restaurants.
FIGURE 17 - CULTURAL USES CAMPUS PLAN
CULTURAL
USES
A9-110
RENDERING OF PROPOSED CULTURAL USES CAMPUS FROM OCEAN AVENUE
10.B.f
Packet Pg. 592 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
LANDMARKS
COMMISSION
DESIGN REVIEW
A9-111
10.B.f
Packet Pg. 593 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
HISTORICAL
BUILDING
OVERVIEW
A9-112
SPANISH COLONIAL
QUEEN ANNE
SPANISH COLONIAL
QUEEN ANNE
10.B.f
Packet Pg. 594 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
QUEEN ANNE
OVERVIEW
A9-113
QUEEN ANNE LANDMARK, WEST ELEVATION, VIEW EAST (REAL
PHOTO POSTCARD,1907)
10.B.f
Packet Pg. 595 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
SPANISH
COLONIAL
OVERVIEW
A9-114
SPANISH COLONIAL REVIVAL LANDMARK (COURTESY
OF MIKE MALLORY,1931)
10.B.f
Packet Pg. 596 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
DEPICTION OF
CONSTRUCTION
SEQUENCING
A9-115
FOR PROTECTION
OF LANDMARKS
10.B.f
Packet Pg. 597 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022 PUBLICLY ACCESSIBLE SPACES
PUBLICLYACCESSIBLE
OPEN SPACE
A9-120
GROUND LEVEL
PEDESTRIAN MALL AT 1ST COURT ALLEY
PEDESTRIAN PASEO AT OCEAN AVENUE VIEW OF SANTA MONICA BOULEVARD
10.B.f
Packet Pg. 598 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA) PL PL
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE
2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
A publicly accessible observation deck of approximately 5,000 sf, located at the top of the building, allows for panoramic views of Santa Monica and the ocean, transforming the height of the building into a public amenity. Unparalleled views of the surrounding region will create a unique outdoor visitor experience and destination not currently available in Downtown Santa Monica.
FIGURE 19 - DIAGRAMMATIC OCEAN AVENUE ELEVATION SHOWING PUBLIC
AMENITIES SHOWING LOCATION OF CULTURAL USES AND OBSERVATION DECK
RENDERING FROM OBSERVATION DECK LOOKING SOUTH
PUBLICLYACCESSIBLE
OBSERVATION
A9-121
DECK
10.B.f
Packet Pg. 599 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401 c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
LARGE SITE REGULATIONS
C. OPEN SPACE-GROUND FLOOR
50% of total parcel area comprised of the following:
25% located at Ground Floor and 25% without a
regulated location.
Calculated per 9.10.080(C) of DCP
TRUE NORTH 0 16' 32' 64'
OPEN SPACE
GROUND LEVEL
A9-122
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Packet Pg. 600 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA)
SHEET NUMBER
GEHRY PARTNERS, LLP
GEHRY PARTNERS, LLP.
LOS ANGELES, CALIFORNIA 90066 USA
FAX 310-458-2644 TEL 310-393-9653
ARCHITECT
FAX: 310-482-3006 TEL: 310-482-3000
12541 BEATRICE STREET
CLIENT
100 WILSHIRE BLVD. SUITE 1600 SANTA MONICA, CA 90401
c
WORTHE
REAL ESTATE GROUP
DRAWN BY DATE 2007-032
SCALE
PROJECT
SIZE: 11"x17"
THE
OCEAN AVENUE
PROJECT
TITLE
LOS ANGELES, CA
JULY 14, 2022
TRUE NORTH
OPEN SPACE
UPPER LEVELS
A9-123
10.B.f
Packet Pg. 601 Attachment: Exhibit B Project Plans 07.26.2022 Part 3 of 3 (5241 : 2nd Reading - Gehry DA) City Council
Report
City Council Meeting: July 26, 2022
Agenda Item: 11.A
1 of 3
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022 Ballot That Would Remove Sections 1011 and 1012 from the Santa Monica City Charter
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would remove Sections 1011 and 1012 from the Santa Monica City Charter to allow the City Council to adopt an ordinance to establish and define the powers and duties of the Personnel Board in the Santa Monica Municipal Code; and
2. If the resolution placing an amendment to remove Sections 1011 and 1012 from the City Charter on the November 8, 2022, ballot (Attachment A) is approved, authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.
Executive Summary
Following consideration of a staff recommendation for a ballot measure to revise the membership criteria for the City’s Personnel Board at its July 12 meeting, the Council directed staff to return with a ballot measure to remove Sections 1011 and 1012 from the Santa Monica City Charter to allow the City Council to adopt an ordinance to establish and define the powers and duties of the Personnel Board in the Santa Monica Municipal Code. This will align the Personnel Board with several other City Boards and Commissions that are governed by the Municipal Code and will provide the City Council with authority to revise eligibility requirements, term limits, and powers and duties of the Personnel Board through ordinance rather than a ballot measure.
11.A
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Discussion
On July 12, 2022, consistent with the City’s efforts to expand civic engagement and promote inclusive participation in the civic process, the City Council considered whether to adopt a resolution to place a measure on the November 8, 2022, general election ballot amending the City Charter’s Personnel Board eligibility requirements to: 1) include, in addition to City residents, individuals that live in Los Angeles County and are either employed full time in the City of Santa Monica, or own property in the City, or have been issued a business license by the City; and 2) amend the term of service for Personnel Board members from five years to four years (Attachment A).
The Personnel Board is a 5-member advisory body to the City Council and Human Resources Director on matters pertaining to personnel administration and is a quasi- judicial review body for hearing employee appeals of certain disciplinary actions. In conducting its business, the Board considers the rights and interests of City employees, the City administration and the citizens and taxpayers of Santa Monica.
The Personnel Board is established by, and its powers and duties are defined in Sections 1011 and 1012 of the City Charter. Any changes to the eligibility requirements, term limits, responsibilities or functions of the Personnel Board need to be made by ballot measure, which is inefficient and can be cost prohibitive. Other City Boards and Commissions, such as the Landmarks Commission, Arts Commission, and Social Services Commission, are established by, and their powers and duties defined in, the Municipal Code. Any changes to the eligibility requirements, term limits, responsibilities or functions of those Boards and Commissions may be made by ordinance of the City Council. This is more efficient and cost effective than a ballot measure.
Removing Sections 1011 and 1012 from City Charter will allow the City Council to establish and define the powers and duties of the Personnel Board by ordinance and will further allow the City Council to incorporate any amendments to eligibility requirements or term limits the Council deems appropriate, including those discussed by Council at its July 12 meeting. This recommendation will align the Personnel Board with several other City Boards and Commissions that are governed by the Municipal Code rather than the City Charter.
11.A
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If Council adopts the attached resolution to place the measure on the ballot, staff will return to the City Council with an ordinance establishing and defining the powers and duties of the Personnel Board, which will only become effective if the ballot measure is approved by the voters. If the ballot measure is not approved by the voters, Sections 1011 and 1012 will remain in the City Charter, and the Personnel Board’s eligibility requirements, term limits, powers and duties will remain unchanged.
Next Steps
The California Elections Code allows for the City Council to amend the City Charter on its own motion and to submit the proposed amendment to the voters at an established statewide general election, provided there are at least 88 days before the election.
Financial Impacts and Budget Actions
The cost of placing the measure on the ballot will be covered by the FY 2022-23 election budget.
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:
A. July 12, 2022 Staff Report re Revising Membership Requirements for Personnel Board (Web Link)
B. Reso re PB out of Charter (7-26-22) (Attachment A)
C. Written Comments
11.A
Packet Pg. 604
1 City Council Meeting: July 26, 2022 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS A MEASURE TO AMEND THE CITY CHARTER TO REMOVE SECTIONS 1011 AND 1012 AND ALLOW THE CITY COUNCIL TO
ESTABLISH AND DEFINE THE POWERS AND DUTIES OF THE PERSONNEL
BOARD BY ORDINANCE
WHEREAS, the Personnel Board is a 5-member advisory body to the City Council and Human Resources Director on matters pertaining to personnel administration and is a quasi- judicial review body for hearing employee appeals of certain disciplinary actions; and
WHEREAS, in conducting its business, the Personnel Board has a broad purview to consider any matter related to the administration of City personnel including the rights and interests of City employees, and those of the citizens and taxpayers of Santa Monica as they relate to the City’s personnel; and
WHEREAS, the Personnel Board is established by, and its powers and duties are defined in, Sections 1011 and 1012 of the City Charter; and WHEREAS, since 2018 to the present, at least four Personnel Board members had reached their service term limit and—due to the Board’s essential function and the importance of its work for the administration of City personnel—were asked by City staff to continue their service until replacements could be appointed, which resulted in lengthy
11.A.b
Packet Pg. 605 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 2 extended terms of several years for those Board members who graciously agreed to continue their service; and
WHEREAS, despite the City’s ongoing best efforts at promoting public service and at generating interest amongst City residents and other forms of community outreach, there still remains difficulty in recruiting prospective applicants to serve on the Personnel Board; and
WHEREAS, any changes to the eligibility requirements, term limits, responsibilities or functions of the Personnel Board need to be made by ballot measure, which is inefficient and can be cost prohibitive; and
WHEREAS, other City Boards and Commissions are established by, and their powers and duties defined in, the Municipal Code; and
WHEREAS, any changes to the eligibility requirements, term limits, responsibilities or functions of those Boards and Commissions may be made by ordinance of the City Council, which is more efficient and cost effective than a ballot measure; and
WHEREAS, removing Sections 1011 and 1012 from the City Charter will allow the City Council to: establish and define the powers and duties of the Personnel Board by ordinance; incorporate any amendments to eligibility requirements or term limits the Council deems appropriate; and align the Personnel Board with several other City Boards and Commissions that are governed by the Municipal Code rather than the City Charter; and
WHEREAS, pursuant to California Elections Code Section 10403, the City Council has previously requested that the County of Los Angeles consent and agree to
11.A.b
Packet Pg. 606 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 3 the consolidation of all aspects of a General Municipal Election with the Statewide General Election scheduled for Tuesday, November 8, 2022, for the purpose of electing members of the Santa Monica City Council, the Santa Monica Rent Control Board, the Santa Monica-Malibu Unified School District, and the Santa Monica College Community College District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. At the General Municipal Election called for November 8, 2022, the following measure shall be submitted to the qualified electors of the City of Santa Monica:
MEASURE "_":
Shall the City Charter be amended to
remove Sections 1011 and 1012 to allow
the City Council to establish and define
the powers and duties of the Personnel
Board by ordinance?
YES ________
NO _________
SECTION 2. The City Clerk shall file a certified copy of this resolution with the Board of Supervisors and with the county election department of the County of Los Angeles.
SECTION 3. The City of Santa Monica recognizes that additional costs may be incurred by the County by reason of the addition of this measure to the ballot and agrees to reimburse the County for any additional costs.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an
11.A.b
Packet Pg. 607 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 4 impartial analysis of it, which shall not exceed 500 words in length. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. ln accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk's office.
SECTION 5. The City Council authorizes its members, as follows, to file written arguments for or against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:
FOR:
AGAINST:
All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney’s impartial analysis, and any arguments for or against the measure, as well as any rebuttal, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before
11.A.b
Packet Pg. 608 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 5 the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Numbers 11425 (CCS) and 11426 (CCS) are referred to and incorporated into this resolution for more particulars concerning the conduct of General Municipal Election to be held on November 8, 2022, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
11.A.b
Packet Pg. 609 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 6 Exhibit 1
Sections 1011 and 1012 of the City Charter are hereby repealed in their entirety as follows:
1011. Personnel Board.
There shall be a Personnel Board consisting of five members to be appointed by the City Council from the residents of the City. To be eligible for appointment, each appointee shall neither hold public office or employment nor be a candidate for any other public office or position and shall not be an officer of any local, state or national partisan political club or organization.
The members of the Personnel Board shall serve for a term of five years and until their respective successors are appointed and qualified. The terms of such members shall be staggered so that the term of one thereof shall expire on each succeeding July 1st. Any vacancy on the Board shall be filled by the City Council for the unexpired term. 1012. Personnel Board. Powers and duties.
The Personnel Board shall have power and be required to:
(a) After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of Civil Service rules and regulations; (b) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Council, City Manager, and the Personnel Director;
(c) Hear appeals of any officer or employee in the classified service who is suspended, demoted or removed, and report in writing to the appointing authority, City Manager and City Council, its findings, conclusions, and recommendations; and
11.A.b
Packet Pg. 610 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 7 (d) Act in and advisory capacity to the City Council and the Personnel Director on personnel administration.
11.A.b
Packet Pg. 611 Attachment: Reso re PB out of Charter (7-26-22) (Attachment A) [Revision 1] (5275 : 1 2022.07.26 Ballot Measure 2022 Personnel Board Staff 1 Vernice Hankins
From: Elliot Gordon <[email protected]>
Sent: Monday, July 25, 2022 4:39 PM
To: councilmtgitems
Cc: Lori Gentles
Subject: Item 11 A on July 26 City Council Agenda
EXTERNAL
Dear City Council: I am writing to express my concern regarding Item 11A on the Agenda for July 26, the proposal to adopt a resolution placing a ballot measure on the November 8, 2022 ballot that would remove Sections 1011 and 1012 from the Santa Monica City Charter. I am the current Chair of the Personnel Board and have served on the Board since 2013. By way of background, as Chief People Officer Lori Gentles advised the Council earlier this month, the Board, which to quote Councilmember Brock is not a "glitzy, fun, party organization" (yet) has struggled to attract interested and qualified residents of Santa Monica to become members. This issue was addressed at multiple Board meetings and resulted in a recommendation from staff, based upon those discussions, to propose a ballot amendment to expand the qualification criteria in order to expand the pool of potential applicants, increase the ability of the Board to reflect the diversity of the city's workforce, and allow those who are not resident the City but have a stake in it to be eligible to serve. I just recently learned that in response to that recommendation, the Council instead asked the staff to prepare a very different proposal that would remove the sections of the City Charter creating the Board and enumerating its powers and responsibilities and placing it in the Municipal Code instead.
For the reasons detailed below, I request that the Council submit the ballot measure as originally proposed to change the eligibility criteria for serving on the Board and reserve for further consideration and deliberation by the Council and/or a charter commission the more far reaching issue of removing the Personnel Board from the City Charter.
As a matter of process, this development concerns me. While the staff under the leadership of Lori Gentles engaged in a dialogue with the Board about the pros and cons of expanding the eligibility criteria, the action by the City Council at the last Board meeting and the proposed action on July 26 has precluded the Board from providing any input on the far broader proposal now before the Council. The Personnel Board is not scheduled to have its next meeting until July 28 and it might even be too late to agendize this proposal. (And I understand that this week is the latest the Council can act to get something on the ballot). Further, I have been advised that the Brown Act would preclude me from discussing this issue with other Board members outside of an official Board meeting. I also understand from the video of the Council meeting that there is a plan to have a charter review commission take a broader look at the charter, including presumably the issue of whether certain boards and commissions presently in the charter should be moved to the code.
The fact that the proposal regarding the Personnel Board is presently before the Council is solely due to happenstance, i.e. the fact that a proposal addressing a far narrower issue was presented to the Council. I do not see any urgency in this action and believe that from a process standpoint, it makes far more sense to have the charter commission consider the proposal regarding the Personnel Board as part of its broader review of boards and commissions or that the Council do so after more input from stakeholders. That will give the commission and the council a greater opportunity to consider the pros and cons of such an action and consider the possible unintended as well as intended consequences that might arise.