PD — 24 - South Lake Avenue Development

A.

Land Use. All of the land use regulations and additional use regulations of CD-5, Area 2 Subarea B District that are not inconsistent with this planned development shall apply. In cases of conflict, this ordinance shall prevail.

1.

Permitted Uses. The following land uses shall be permitted: any use permitted in CD-5, Area 2, subarea B, but cinemas will be prohibited. No Conditional Use Permit shall be required for a project over 25,000 square feet that is consistent with the approved plans for this PD.

2.

Conditionally Permitted Uses. The following land uses shall be conditionally permitted: and conditionally permitted use (including the sale of alcohol) in CD-5 Area 2, subarea B including commercial entertainment (except cinemas which are prohibited).

B.

Development Standards. All of the development standards and additional development standards of the CD-5, Area 2, subarea B district that are not inconsistent with this planned development shall apply. In cases of conflict, this planned development shall prevail.

1.

New Construction. New construction shall substantially conform to the site plan entitled, "Illustrative Site Plan: South Lake Avenue Retail Development Project," dated March 2, 1998 attached hereto as Exhibit 4 and incorporated by reference.

2.

Floor Area. New construction shall not exceed 150,216 square feet of gross floor area (excluding outdoor dining) and shall substantially conform to the "Illustrative Site Plan: South Lake Avenue Retail Development Project." In addition, a minimum of 1,197 parking spaces shall be provided in accordance with the approved shared parking analysis for the project. The new construction shall be in compliance with the approved share parking analysis for the project and with the Final Environmental Impact Report trip generation totals (AM and PM peaks, and average daily trips) as determined by the City's Zoning Administrator and transportation administrator. Restaurant uses shall not exceed 27,000 square feet.

3.

Height. The total height of each of the buildings shall be as follows:

a.

Building A as shown in the "Illustrative Site Plan: South Lake Avenue Retail Development Project" shall not exceed 50 feet in height.

b.

Building B as shown in the "Illustrative Site Plan: South Lake Avenue Retail Development Project" shall not exceed 48 feet in height.

c.

The buildings marked as C (boutiques) as shown in the "Illustrative Site Plan: South Lake Avenue Retail Development Project" shall not designed as low as possible. The building parapet height at its northern end shall not exceed the existing parapet height of the terrace/walkway wall, and the roof elevation of the boutiques shall be no higher than the walkway. It is understood that to accommodate this requirement, no pedestrian rooftop access will be provided on the new building. It is also understood that the actual height of Building C will vary as it continues south from its northernmost point. Mechanical equipment will be concealed from view and project above the roof level.

d.

Appurtenances may exceed the height limit per subsection (I) of Table 17.33.080 except, that no appurtenances are allowed on Building C.

e.

Each of the three kiosks shall not exceed 200 square feet. The principal kiosk structures will be "counter height" and no taller than 54 inches or four and one half feet from ground level. Displayed merchandise will be at or below such counter height. Any weather protection or "roof" structures will be as minimal as possible, will be easily removable, and will be designed to minimize any obstruction of views of the Macy's building. The kiosks shall not be used for the sale of T-shirts, discount novelty items or cigarettes. The location of the kiosks shall be generally as shown on the Illustrative Site Plan.

4.

Yards. The yards for the site shall be as follows:

a.

The corner yard along Hudson Avenue shall be a minimum of 7 feet and a maximum of 10 feet.

b.

The front yard along East Del Mar Boulevard shall be 0 feet except that the parking structure shall have a yard of 10 feet.

c.

The corner yard along South Lake Avenue may be a maximum of 5 feet.

5.

Floor-Area-Ratio. The maximum floor area ratio for the site shall be 1.2 to 1 (excluding the building at 475 S. Lake Avenue).

6.

Design Review. New construction and alterations to existing structures and to the site shall be submitted to the Design Commission or to the planning director for review and approval in accordance with the procedures and design review thresholds in Chapter 17.92 that apply to the CD-5 sub-district.

7.

Public Art. New construction shall meet the Public Art Design Standard of Chapter 17.78.

8.

Parking. The proposed new construction shall comply with the following:

a.

There shall be a minimum of 1,197 parking spaces located on the site of the development and the surface lot at 950 San Pasqual Street. The amount of new compact spaces provided shall be in accordance with 17.68.100.

b.

A parking structure at the southeast corner of East Del Mar Boulevard and South Hudson Avenue shall be permitted in accordance with the site plan entitled, "Illustrative Site Plan: South Lake Avenue Retail Development Project."

c.

A shared parking arrangement is permitted without a minor Conditional Use Permit.

d.

The parking lot at 950 San Pasqual Street shall meet the current adopted CD-5 parking landscape requirements to the extent that such landscaping will not reduce the amount of parking presently provided. A landscape and irrigation plan shall be reviewed and approved by the Zoning Administrator prior to issuance of a building permit for new construction under this PD. The landscaping improvements shall be installed prior to the final Certificate of Occupancy for the new construction.

e.

New parking and loading areas shall conform to the requirements of the Zoning Code and shall be reviewed by the director of Public Works and Transportation Department prior to issuance of a building permit for new construction.

9.

Additional Requirements. The applicant or successor in interest shall meet the requirements of the Public Works and Transportation Department set forth in the revised memo titled South Lake - Forest City Development Revised Conditions Environmental Impact Report and Planned Development dated, February 6, 1998.

10.

Mitigation Measures. The applicant or successor in interest shall meet all mitigation measures identified in the Final approved Mitigation Monitoring Program and will participate in an on-going mitigation monitoring program to ensure the appropriate implementation of the mitigation measures and conditions of approval.