Agenda - City of Santa Monica

esidential unit.
(h)
Any increase or decrease in the number of bedrooms per
If a proposed modification does not exceed the Major Modification
thresholds established above, then the proposed modification may be reviewed in
accordance with Section 2.4.2.
2.4.4 City Consent to Modification. The Planning Director shall not
unreasonably withhold, condition, or delay its approval of a request for such Minor
Modification. The City may impose fees, exactions, conditions, and mitigation measures
in connection with its approval of a Minor or Major Modification, subject to any
applicable law. Notwithstanding anything to the contrary herein or in the Existing
Regulations, if the Planning Director approves a Minor Modification or if the City
approves a Major Modification (and the corresponding amendment to this Agreement for
such Major Modification), as the case may be, Developer shall not be required to obtain
any other Discretionary Approvals for such modification, except for ARB approval, in
the case of certain Major Modifications.
2.4.5 Right to Develop. Subject to the provisions of Section 3.3 below,
during the Term (as defined in ARTICLE 9 below) of this Development Agreement,
Developer shall have the vested rights (the “Vested Rights”) to (a) develop and construct
the Project in accordance with the following: (i) the Project Plans (as the same may be
modified from time to time in accordance with this Agreement); (ii) any Minor
Modifications approved in accordance with Section 2.4.2; (iii) any Major Modifications
which are approved pursuant to Section 2.4.3; and (iv) the requirements and obligations
of Developer related to the improvements which are specifically set forth in this
Agreement, and (b) use and occupy the Project for the permitted uses set forth in
Section 2.5. Except for any required approvals from the ARB pursuant to Section 6.1 of
this Agreement, the City shall have no further discretion over the elements of the Project
which have been delineated in the Project Plans (as the same may be modified from time
to time in accordance with this Agreement).
2.5 Permitted Uses. The City approves the following permitted uses for the
Project:
2.5.1 Above the Ground Floor: Rental Housing.
2.5.2 On the Ground Floor: The following uses shall be permitted on the
ground floor: (a) rental housing, and (b) any non-residential uses permitted by the Zoning
Ordinance in effect at the time the use is established, provided that all such uses shall be
primarily neighborhood serving goods, services, or retail uses and shall be subject to
Section 2.5.5 (Limitation on Non-residential Uses). These neighborhood-serving
nonresidential uses shall be small-scale general or specialty establishments primarily
serving residents or employees of the neighborhood, including guests of hotels located in
the neighborhood (“Neighborhood Serving Uses”). A determination that a use
constitutes a “Neighborhood Serving Use” shall be rendered by the City at the time of
issuance of a business license for each such individual use and not thereafter.
11
F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC