SR-410-003 (2)
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NQV 22 1986
CA:RMM:lld271/hpc
city Council Meeting ll-22-88
Santa Monica, California
STAFF REPORT
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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.
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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
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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
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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.
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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
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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
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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
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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
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09/26/88
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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.
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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.
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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
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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
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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.
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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