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SR-410-003 (2) . . '1/0'- 0(1) 3 ~-B NQV 22 1986 CA:RMM:lld271/hpc city Council Meeting ll-22-88 Santa Monica, California STAFF REPORT {jl G ,-.--, TO: Mayor and City Council city Attorney FROM: SUBJECT: Ordinance Approving the First Amendment to the Development Agreement Between the City of Santa Monica and SoPac Propertiesl Inc. ~o\ (5v&--~o r---"'~ ,'_G.> ~ At its meeting on October 25, 1988, the City council introduced for first reading an ordinance approving the First Amendment to the Development Agreement between the City of Santa Monica and SoPac Properties, Inc. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney tfJ~ 7l~ . . " . . C/ED:PB:SF:AS Council Mtg: october 25, 1988 2 5 1988 Santa Monica, California TO: Mayor and city Council FROM: city staff SUBJECT: Recommendation To Introduce for 1st Reading, Approving Amendment Number One To Development For Colorado Place Phase III Located at Colorado Avenue. Ordinance Agreement 2000-2200 INTRODUCTION This report recommends that the city council introduce for first reading an ordinance approving the first amendment to the Development Agreement between the City of Santa Monica and SOPAC Properties, Inc. for the Colorado Place Phase III project located at 2000-2200 Colorado Avenue. This amendment expands Section 9 (g) evii) and modifies Section 6 (a) of the Development Agreement regarding the provision of parking to Santa Monica College and the commencement of the project.s excavation. BACKGROUND At the City's request, until construction of the Colorado Phase III development has begun, the applicant agreed to provide approximately 400 parking spaces on the subject property for the use of Santa Monica College. This parking provision would expire in June 1989. The city has requested that parking continue to be made available on the property until January 31, 1992. Due to this request, the beginning excavation date of the development - 1 - ~~~ , . . specified in Section 6 (a) of the Development Agreement must be extended from December 17, 1988 (provided all necessary permits and financing has been obtained) to January 31, 1992. On October 5, 1988 the Planning Commission reviewed and approved the above referenced request. The modifications to the agreement and the staff analysis are discussed in the Planning Commission staff report (Attachment A). The Planning commission statement of Official Action is contained in Attachment B. Because Development Agreements are contracts with the city and implemented by ordinance, the final action of development agreements and related amendments must be taken by the City Council. BUDGET/FINANCIAL IMPACT The recommendation presented in this report has a budget impact in that beginning on February 1, 1989 the City will pay for all costs of operation and maintenance of the parking site. As necessary, budget adjustments will be submitted to Council as part of the FY 1988/89 mid-year budget review. RECOMMENDATION It is respectfully recommended that the city council approve the first Amendment to the Development Agreement between the city of Santa Monica and SOPAC Properties, Inc. with the findings included in the Planning Commission Statement of Official Action and introduce for first reading the ordinance approving this amendment. - 2 - . . Prepared by: Paul Berlant, Director of Planning Suzanne Frick, Principal Planner Amanda Schachter, Associate Planner Planning Division Community and Economic Development Department Attachments: Attachment A: Planning commission staff Report Attachment B: Planning Commission statement of Official Action Attachment C: First Amendment to Development Agreement Attachment D Ordinance Approving Third Amendment to Development Agreement AS PC/CCAMDCOL 10/19/88 - 3 - . . A-t\-o.C.\''IYYl e n + A CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: October 5, 1988 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: Amendment Number One to Colorado Place Phase III Development Agreement Address: 2000-2200 COlorado Avenue Applicant: SOPAC Properties, INC. SUMMARY Action: To expand Section 9(g) evii) and modify Section 6(a) of the Colorado Place Phase III Development Agreement regarding the provision of parking to Santa Monica College and the commencement of the project's excavation. Recommendation: Approval. SITE LOCATION AND DESCRIPTION The subject property is a 562,428 sq. ft. parcel located on the south side of Colorado Avenue between Twentieth Street and Cloverfield Boulevard having a frontage of l212. 87 feet. Sur- rounding uses consist of the Department of Motor Vehicles, in- dustrial and manufacturing uses, and a church (M2) to the north, industrial and manufacturing uses (Ml and M2) to the south, the Water Garden development site (M2) to the east, and the Evening Outlook to the west (M2). Zoning Districts: M2 Land Use Districts: Special Office Parcel Area: 562,428 square feet PROPOSED PROJECT Proposed are two modifications to the Development Agreement en- tered into on December l7, 1988 between the City and SOPAC Prop- erties, Inc. regarding the Colorado Place Phase III development. At the City's request, until construction of the development has begun, the applicant has agreed to provide approximately 400 parking spaces on the subject property for the use of Santa Moni- ca College. This parking provision, the specifics of which were - 1 - . . not included in Section 9(g) (vii) of the Development Agreement, would expire in June 1989. The City has requested that parking continue to be made available on the property until January 3l, 1992. Due to this request, the beginning excavation date of the development specified in section 6(a) of the Development Agree- ment must be extended from December 17, 1988 (provided all neces- sary permits and financing has been obtained) to January 31, 1992. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Section 9814 of the Santa Monica Municipal Code states that Development Agreements must be consistent with the General Plan and any applicable specific plan. Development standards, includ- ing uses, density, height, and setbacks that are specified in a Development Agreement may vary from those of the zoning district. This project was found to be consistent wit the policies, objec- tives, intensity of development, and land uses for the Special Office District of the Land Use Element. The requested modifica- tions do not affect those development standards. CEQA STATUS An Environmental Impact Report has been prepared for the Colorado Place Phase III development and certified by the City Council. This modification request, however,is categorically exempt from the provisions of CEQA, Santa Monica Guidelines for Implementa- tion Class 5(lO). FEES The Colorado Place Phase III development project is subject to the following fees: Housing and Parks Mitigation Program (Or- dinance 1367 CCS), and a Traffic Improvement Fee. ANALYSIS To accommodate the City's request to extend the dates when park- ing will be available on the subject property, the applicant has proposed expanding section 9(g) (vii) of the Development Agreement to specify that approximately 400 parking spaces shall be made available to Santa Monica College until January 31, 1992. This parking shall be free to the City, wi th the exception of in- surance premiums and indemnifications, until January 31, 1989. After that date, the city shall be responsible for both the operating and maintenance costs of the parking site. The proper- ty owner reserves the right to relocate the parking anywhere on the site during the terms of the agreement, but shall be respon- sible for paving/demolition costs resulting from the relocation. The existing conditions of the agreement noted in Section 9(g) evii) will remain in effect, including the property owner's ability to terminate the agreement upon 90 days prior written notice to the city and to the College and the requirement that - 2 - . . the parking use shall not interfere with either the property owner's or their tenants use of the property. The property owner has submitted an application to the Planning Division for review and approval of the first phase of develop- ment and they are actively pursuing the issuance of the required permits and financing. However, in order to comply with the city's parking request I they require that the beginning excava- tion date be extended to January 31, 1992. This date will coin- cide with the date the parking agreement expires. Conclusion This request to extend the terms of the parking agreement and to modify the beginning excavation dates merits approval in that the applicant filed the amendment to comply with the city's request to continue the parking agreement until 1992 and that the appli- cant intends to proceed with the development in the manner specified in the Development Agreement. RECOMMENDATION Planning staff respectfully recommends that the expansion of Sec- tion geg) (vii) and the modification of section 6(a) of the Colorado Place Phase III Development Agreement be approved sub- ject to the following condition. CONDITIONS OF APPROVAL 1. This determination shall not become effective for a period of fourteen days from the date of the determination or, if appealed, until a final determination is made on the appeal. Prepared by: Amanda Schachter, Associate Planner PC/AMDCOL AS 09/26/88 - 3 - . . AYro.c.'-1 yY) e n+ ~ STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Amendment Number One to Colorado Place Phase III LOCATION: 2000-2200 Colorado Avenue APPLICANT: SOPAC properties REQUEST: To expand section 9 (g) (vii) and modify Section 6(a) of the Colorado Place Phase III Development Agreement regarding the provision of parking to Santa Monica College and the commencement of the project's excavation. PLANNING COMMISSION ACTION 10/5/88 Date. x Approved based on the following findings and subject to the conditions below. Denied. other. FINDINGS 1. The amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan in that no changes are being made to the development. 2. The amendment is compatible with uses authorized in the district. 3. The amendment is in conformity with the publ ic necessity, convenience, general welfare and good land use practice in that parking will be made available to Santa Monica College. 4. The amendment will not adversly affect the orderly develop- ment of the property in that it will not affect the comple- tion of the project. s. The amendment has little fiscal impact in that there will be no change in the required fees. - 1 - . . CONDITIONS 1. This determination shall not become effective for a period of fourteen days from the date of the determination or, if ap- pealed/ until a final determination is made on the appeal. VOTE Ayes: Nays: Abstain: Absent: Vacancy: Farivar, Hecht, Lambert, Pyne, Nelson None None Mechur One I hereby certify that this statement of accurately reflects the final determination commission of the city of Santa Monica. Official Action of the Planning signature date print name and title PC/STAMDCOL AS 10/07/88 - 2 - . . ~1'Yl-e-V1+ C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: LilllCk McHose & Charles 725 Figueroa st., suite 1200 Los Angeles, Californla 90017 Att'n.: Thomas R. Larmore, Esq. AMENDMENT NUMBER ONE TO DEVELOPMENT AGREEMENT This Amendment Number One to Development Agreement is entered into as of the day of , 1988, by and between THE CITY OF SANTA MONICA, a Charter city organized and existing under the laws of the state of California (the "City"), and SOPAC PROPERTIES, INC., a Delaware corporation ( "Property Owner"), with reference to the following facts: A. The City and property Owner entered lnto that certain Development Agreement dated as of December 16, 1987 and recorded December 17, 1987 in the Official Records of the County of Los Angeles as Instrument Number 87-1996737 (the "Development Agreementtl) relating to that certain real property located in the City of santa Monica, state of California more particularly described in Exhibit A attached hereto and commonly known as IIColorado Place Phase JIIII (the "Property"). B. Under Section 9 (g) (vii) of the Development Agreement, Property Owner agreed to offer the use of the Property to the City for overflow parking for Santa Monica College (the "College") in conjunction with any shuttle system that may be implemented by the college or the City subject to certain conditions, including the ability of Property Owner to terminate the use of the parking upon ninety (90) days prior written notice. C. In addition, at the Clty'S request, Property Owner, by letter dated December 16, 1987 (the "Parking Letter"), agreed to make approximately 400 parking spaces available to the City and the College until June, 1989. The city made this special request outside the provisions of the Development Agreement because the abillty of Property Owner to termlnate the use of the parking facilities upon 90 days notice created uncertainties for the City Wl th respect to its need to replace parking on public streets surrounding the College eliminated by the creation of a preferential parking district. D. Because of certaln limitations on expansion of parking space by the College and the desire of the city to continue to make parking available to the College and its students, the City desires to amend the Development Agreement in order to extend the period of time during which the Property can be used for College . . parking in conJunction with the current shuttle system from June, 1989 to January 31, 1992 under the terms set forth in the Parking Letter. E. Property Owner 1S agreeable to such extension and to such amendment to the Development Agreement subject to the right to relocate the parking on the Property in order to facilitate development of the Property and to extend the date for 1n1 tial commencent of construction. F. Property Owner has submitted an application to the City Planning Department for review and approval of the first phase of construction on the Property in accordance with the Development Agreement and has been diligently seeking all necessary permits, approvals and financing needed to commence such construction. In return for Property Owner's willingness to amend the Development Agreement and assure the avallability of parking on the Property as specified hereln, the City is willing to specifically extend the date by which excavation must be commenced on the Property to January 31, 1992. NOW, THEREFORE, IN CONSIDERATION of the foregoing facts and the mutual covenants set forth herein, the parties hereby agree as follows: 1. The following shall be added to section 9(g)(vii) of the Development Agreement: Property owner also agrees to make available to the city and the College parking for approximately 400 cars on the Real Property until January 31, 1992. until January 31, 1989, such parking will be at no cost to the City or the College except for insurance preminWlA. and appropriate indemnifications. Beginning on February 1, 1989, the City shall pay for all costs of operation and maintenance of the parking site including, without limitation, security, insurance, repairs and utilities. Property Owner shall have the right from tille to time to relocate the parking on the Real Property with Property owner being responsible for the cost of any d~lition and paving at the new location. 2. Section 6(a) of the Development Agreement shall be modified to read as follows: ( a) Beginnipg Excavation. Property Owner agrees to commence excavation for the initial building of the project by January 31, 1992, provided that all necessary permits, approvals and financing are obtained for such building. . . So long as Property Owner is diligently seeking said permits, approvals and financing, its inability to commence excavation within sa1d period shall not be a default hereunder. Nothing in this Agreement shall preclude Property owner from comaencing excavation prior to January 31, 1992 so long as all applicable requirements are satisfied with respect to such excavation. 3. Except as specifically modified in this Agreement Number One, the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Property Owner have entered into this Amendment Number One as of the date first above wr1tten. APPROVED AS TO FORM: THE CITY OF SANTA MONICA, a municipal corporation By: City Attorney City Manager Attest: SOPAC PROPERTIES, INC., a Delaware corporation By: President