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Agenda - City of Santa Monica

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12. Project Design. As a result <strong>of</strong> this Agreement, there are enhanced elements <strong>of</strong><br />

the Project design, including an Enhanced Walkway Area as shown on the Project<br />

Plans. Developer shall make the Enhanced Walkway Area accessible to the<br />

public at all times, except between the hours <strong>of</strong> 2:00am through 6:00 am. The<br />

public use <strong>of</strong> that certain area designated on the Project Plans as “Enhanced<br />

Walkway” shall be: (i) consistent with the terms and conditions <strong>of</strong> this<br />

Agreement; (ii) solely for pedestrian access to and passive use <strong>of</strong> the Enhanced<br />

Walkway by the public, including walking, strolling, and similar activity; and (iii)<br />

compatible with Developer’s development, use and enjoyment <strong>of</strong> the Project. No<br />

use other than pedestrian access to and passive use <strong>of</strong> the Enhanced Walkway by<br />

the public shall be permitted on the Enhanced Walkway. Notwithstanding the<br />

above, Developer may limit public access to the Enhanced Walkway Area during<br />

other hours, but only if the Enhanced Walkway area is utilized for outdoor dining.<br />

13. Ground floor commercial tenant spaces shall maintain exposed ceilings to ensure<br />

adequate floor to ceiling heights for prospective commercial tenants.<br />

CITY PLANNING<br />

Administrative Conditions<br />

14. In the event permittee violates or fails to comply with any conditions <strong>of</strong> approval<br />

<strong>of</strong> this permit, no further permits, licenses, approvals or certificates <strong>of</strong> occupancy<br />

shall be issued until such violation has been fully remedied.<br />

Conformance with Approved Plans<br />

15. This approval is for those plans dated________ a copy <strong>of</strong> which shall be<br />

maintained in the files <strong>of</strong> the <strong>City</strong> Planning Division. Project development shall<br />

be consistent with such plans, except as otherwise specified in these conditions <strong>of</strong><br />

approval.<br />

16. Minor amendments to the plans shall be subject to approval by the Director <strong>of</strong><br />

Planning. A significant change in the approved concept shall be subject to review<br />

as provided in the Development Agreement. Construction shall be in conformance<br />

with the plans submitted or as modified in accordance with the Development<br />

Agreement.<br />

17. Except as otherwise provided by the Development Agreement, project plans shall<br />

be subject to complete Code Compliance review when the building plans are<br />

submitted for plan check and shall comply with all applicable provisions <strong>of</strong><br />

Article IX <strong>of</strong> the Municipal Code and all other pertinent ordinances and General<br />

Plan policies <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Monica</strong> prior to building permit issuance.<br />

Fees<br />

18. No building permit shall be issued for the project until the developer complies<br />

with the requirements <strong>of</strong> Part 9.04.10.20 <strong>of</strong> the <strong>Santa</strong> <strong>Monica</strong> Municipal Code,<br />

66<br />

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

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