Agenda - City of Santa Monica

DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”), dated ____________, 2013
("Effective Date"), is entered into by and between 1320 2 nd STREET, LLC, a California
limited liability company (“Developer”), and the CITY OF SANTA MONICA, a
municipal corporation organized and existing pursuant to the laws of the State of
California and the Charter of the City of Santa Monica (the “City”), with reference to the
following facts:
RECITALS
A. Pursuant to California Government Code Section 65864 et seq., Chapter
9.48 of the Santa Monica Municipal Code, and Santa Monica Interim Ordinance No.
2356 (collectively, the “Development Agreement Statutes”), the City is authorized to
enter into binding development agreements with persons or entities having a legal or
equitable interest in real property for the development of such real property.
B. Developer is the owner of approximately 15,000 square feet of land
located in the City of Santa Monica, State of California, commonly known as 1318 to
1324 2 nd Street , as more particularly described in Exhibit “A” attached hereto and
incorporated herein by this reference (the “Property”).
C. The City has included the Property within the Downtown Core land use
designation, which is also part of the Downtown District, under the City’s recently
adopted Land Use and Circulation Element of its General Plan (the “LUCE”). The
Property is located within the BSC-4 (Bayside Commercial District – 4) under the City’s
Zoning Ordinance. To aid in the redevelopment of the Property, the City and Developer
desire to allow Developer to construct a mixed-use building with subterranean parking..
D. On January 13, 2012, Developer filed an application for a Development
Agreement, pursuant to Santa Monica Municipal Code (“SMMC”) Section 9.48.020
(the “Development Application”). The Development Application was designated by the
City as Application No. DEV 12001. The Development Application is for the planned
development of the Property with an approximately 46,421square foot mixed use project
containing 53 residential units, approximately 6,664 square feet of ground floor
commercial space, a two-level subterranean parking garage, and related facilities
(collectively the “Project”). The Project is more fully descried in this Agreement.
E. On April 26, 2011, the City Council adopted Interim Ordinance No 2356
("IZO"). The City Council extended and/or modified the IZO on several occasions
thereafter. The IZO prohibits the issuance of permits for development projects which
would constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1
or which would exceed 32 feet in height in the Downtown Core as delineated in the Land
Use Designation Map approved by the City Council on July 6, 2010 unless developed
pursuant to a development agreement adopted in accordance with SMMC Chapter 9.48.
Adoption of this Agreement will allow for the issuance of permits for the Project.
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