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Agenda - City of Santa Monica

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2.9.4 Permitted Projections. Projections shall be permitted as reflected<br />

on the Project Plans. In the event that any inconsistencies exist between the Zoning<br />

Ordinance and the projections permitted by this Agreement, then the projections<br />

permitted by this Agreement shall prevail.<br />

2.9.5 Signage. The location, size, materials, and color <strong>of</strong> any signage<br />

shall be reviewed by the ARB (or the Planning Commission on appeal) in accordance<br />

with the procedures set forth in Section 6.1 <strong>of</strong> this Agreement. All signs on the Property<br />

shall be subject to Chapter 9.52 <strong>of</strong> the Zoning Ordinance (<strong>Santa</strong> <strong>Monica</strong> Sign Code) in<br />

effect as <strong>of</strong> the Effective Date, a copy <strong>of</strong> which is set forth in its entirety in Exhibit "E".<br />

Directional signs for vehicles shall be located at approaches to driveways as required by<br />

the <strong>City</strong>'s Strategic Transportation Planning Division.<br />

Project Plans.<br />

2.9.6 Balconies. Balconies shall be provided in accordance with the<br />

2.9.7 Open Space. The amount and location <strong>of</strong> Project open space shall<br />

be provided in accordance with the Project Plans.<br />

2.9.8 Floor Area. The amount <strong>of</strong> Floor Area shall be permitted as set<br />

forth in this Agreement and as depicted on the Project Plans. In the event that any<br />

inconsistencies exist between the Zoning Ordinance and the FAR allowed by this<br />

Agreement and as depicted on the Project Plans, then the FAR allowed by this<br />

Agreement and as depicted on the Project Plans shall prevail.<br />

2.10 Contract with <strong>City</strong>. Developer hereby acknowledges that in approving<br />

this Development Agreement for the Project, the <strong>City</strong> is waiving fees and taxes and<br />

modifying development standards otherwise applicable to the Project such as increasing<br />

unit density, reducing parking standards, and other property development standards. In<br />

exchange for such forms <strong>of</strong> assistance from the <strong>City</strong>, which are <strong>of</strong> financial benefit to the<br />

Developer, Developer has entered into this contract with the <strong>City</strong> and agreed to the other<br />

conditions <strong>of</strong> the Development Agreement, including the requirement to provide and<br />

maintain eight (8) affordable units on site for occupancy by income qualified households.<br />

The parties agree and acknowledge that this is a contract providing forms <strong>of</strong> assistance to<br />

the Developer within the meaning <strong>of</strong> Civil Code Section 1954.52(b) and Government<br />

Code Section 65915 et seq.<br />

ARTICLE 3<br />

CONSTRUCTION<br />

3.1 Construction Mitigation Plan. During the construction phase <strong>of</strong> the<br />

Project, Developer shall comply with the Construction Mitigation Plan attached as<br />

Exhibit “H” hereto.<br />

3.2 Construction Hours. Developer shall be permitted to perform construction<br />

between the hours <strong>of</strong> 8:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to<br />

5:00 p.m. Saturday; provided that interior construction work which does not generate<br />

25<br />

F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC

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