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SR-11-14-1989-8A e CA:RMM:rmd996ajhpca city council Meeting 11-14-89 t/i p- tJ/~ e f!.A NOV 1 4 1989 Santa Monica, California STAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Approving the Development Agreement Between Reliance Development Group, Inc. and the city of Santa Monica At its meeting on October 10, 1989, the City Council introduced for first reading a development agreement between the city and Reliance Development Group, Inc. At the time the City Council introduced the ordinance for first reading, certain exhibits to the development agreement had not been prepared and, therefore, were not before the City Council. Accordingly, it is necessary to re-introduce the ordinance for first reading. The development agreement attached to the accompanying ordinance is now complete and all changes made by the City council at its October 10, 1989, meeting have been incorporated into the documents. The language added to the Development Agreement by the City Council at its October 10, 1989, meeting which would restrict traffic from cutting through the site between Walgrove/23rd Street and Bundy Drive after the start of construction has been modified by City staff to clarify its intent. The language added by the City Council to section 3 (g) provided: Y-A NOV 1 4 1969 - 1 - . . Airport Avenue shall be closed to through traffic when the building permit is issued for the first building in Phase I of the project so that no traffic (other than emergency vehicles) may thereafter traverse Airport Avenue from Bundy Drive to 23rd StreetjWalgrove Avenue or from 23rd streetjWalgrove Avenue to Bundy Drive subject to section 47. All Project construction traffic must access the Project from Bundy Drive. The newly revised language reads as follows: Airport Avenue shall be closed to through traffic following the date on which the building permit for Building 1 or Building 2 in Phase I is issued, whichever occurs first. As used in this subsection (g), "through traffic" shall mean (l) any traffic travelling between Bundy Drive and Walgrove/23rd street whose destination is not Santa Monica Airport or the Airport Surplus Parcel; (2) any traffic travelling from Walgrovej23rd Street whose destination is the Airport Residual Land; (3) any traffic travelling from the Airport Residual Land whose exiting destination is Walgrovej23rd street. As used in this - 2 - . . subsection (g), "through traffic" shall not include emergency vehicular traffic or traffic using Airport Avenue to access or exit the Project via Bundy Drive. All Project-related traffic (including construction-related traffic) shall access and exit the Project from roads (including Airport Avenue) leading directly to Bundy Drive. (It should be noted that additional restrictions on traffic contained in Section 3(g) remain unchanged.) Finally, a referendum petition has been filed with the city Clerk against the adoption of Resolution Number 7917 (CCS) adopting amendments to the General Plan relating to this project. Assuming this referendum petition contains sufficient verified signatures, the effectiveness of Resolution Number 7917 (CCS) is stayed commencing on the date of filing of the referendum. Under applicable laws, the Development Agreement is required to be consistent with the General Plan. In light of the fact that Resolution Number 7917 (CCS) appears to be stayed, a question arises as to whether or not the city Council can introduce, approve, or execute the Development Agreement before completion of the referendum process. In order to resolve this question, the accompanying ordinance has been revised to provide for the repeal of the ordinance should the referendum process result in the repeal or disapproval of Resolution Number 7917 (CCS). The language reads as follows: - 3 - e . SECTION 6. This Ordinance and the attached Development Agreement between Reliance Development Group, Inc., a Delaware corporation, and the City of Santa Monica shall be void and of no further force or effect if, following a referendum petition: (1) the City Council repeals Resolution Number 7917 (CCS) in lieu of submitting it to the voters for their approval as provided for in Elections Code section 4055 or (2) a majority of voters voting on the Resolution fail to approve Resolution Number 7917 (CCS). RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. - 4 - - . CA:RMM:rmd995jhpca City Council Meeting 11-14-89 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN RELIANCE DEVELOPMENT GROUP, INC. AND THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement attached hereto as Exhibit "A" and incorporated herein by reference between Reliance Development Group, Inc., a Delaware corporation, and the City of Santa Monica, a municipal corporation, is hereby approved. SECTION 2. Each and every term and condition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement. - 1 - . . Elections Code section 4055 or (2) a majority of voters voting on the Resolution fail to approve Resolution Number 7917 (CCS). APPROVED AS TO FORM: 'If r ~ '~,":--t.- '\ ..0'" oJ --"'\... -"" V T \.. ... ROBERT M. MYERS City Attorney y..~')------ { J / - 3 - qIO-o/S" 1..A. OCT - 3 1989 STAFF REPORT AIRPORT RESIDUAL LAND DEVELOPMENT PROJECT SANTA MONICA CITY COUNCIL OCTOBER 3, 1989 1..A OCT - 3 1989 TABLE OF CONTENTS page Introduction 1 overview 3 site Location and Description 4 project Description Project Phasing Project site Plan and Design Landscape and Garden Amenities Project circulation Project Parking 5 6 7 8 8 9 Background on Airport AgreeMents 9 !dentiflcatlon of Develop~ent Optlons fo~ Resldual Land Parcel 10 Development Goal and Ob]ectlves 11 Developer Selectlon Process 12 CEQA Cornpl1ance/Environmental ReVlew Process 12 Preparatlon of EIR Draft ErR First Supplemental EnVlron~ental Analysls Second Supplemental EnVlron~ental Analysls 13 14 15 15 Traffic and Circulatlon 16 Alternative Access options 17 Air Quality 19 Alternatives 20 Development Agreement 20 Ground Lease Agreement 21 Disposition and Development Agreement Declaration of Covenants, Conditions, and Restrictions 22 23 Municipal Code and General Plan Conformance 24 General Plan Amendment 24 Proposed Land Use Element objective and Policies Proposed Urban Design Objective and Policies 25 26 Budget I Financial Impact 27 One Time Fees and Charges Annual Tax Revenue Annual Payments 27 28 28 Planning Commission Actions and Recommendations 29 staff Recommendations 32 CEQA Recommendations 33 General Plan Amendment Recommendation 34 Development Agreement Recommendations 34 Ground Lease Agreement Recommendation 34 Disposition and Development Agreement 34 Declaration of Covenants, Conditions, and Restrictions 34 Phase 4 Community Planning Process 35 Attachments A. project Site Plans B. parking Comparlson Charts c. Final Environmental Impact Report (Volume 4) D. Summary of EIR Trafflc Analysls, Comments on the Analysis, and Responses to Comments E. Intersection Impact Tables F. Summary of Impacts of ProJect Alternatives G. Development Agreement and Summary of Agreement H. Modifications to Development Agreement for "No Impact" Project I. Lease Agreement J. Disposltion and Development Agreement K. Declaration of Covenants, Conditions, and Restrictlons L. General Plan Compllance Table M. General Plan Amendment N. Comparison of Ground Rent Income O. statement of Overriding Considerations P. Findings for Approval of Development Agreement C/ED:EDD:PPD Council Meeting: October 3, 1989 Santa Monica, California TO: The Mayor and city Council FROM: City staff SUBJECT: Recommendation to Certify Final Environmental Impact Report; Adopt statement of Overriding Considerations; Adopt General Plan Amendment No. 11; Adopt Development Agreement: Approve Lease Agreement: Approve Disposition and Development Agreement; and Approve Declaration of , Covenants, Conditions, and Restriction for Development of the Residual Land Parcel at the Santa Monica Airport INTRODUCTION This report provide~ recommendations concern~ng parcel of residual land at the southeast corner of the the City council with staff's the development of the 37.56 acre the Santa Monica Airport located in City of Santa Monica. This report: 1) summarizes the process by which Reliance Development Group was selected by the City council to prepare detailed development plans for the property; 2) describes changes that have been made to the project to reduce or eliminate significant environmental impacts based on environmental analyses, Planning Commission recommendations, and public comments; 3) describes the intent of the architect and developer in the design of the project and site plan; 4) outlines the Environmental Impact Report (EIR) preparation process, summarizes its key findings, recommends its certification, and recommends adoption of a statement of Overriding Considerations; 5) summarizes the proposed General Plan Amendment and recommends its approval; 6) summarizes the Development Agreement for the project and recommends its approval; 7) summarizes the Lease Agreement with Reliance Development Group and recommends it approval; 8) summarizes the Disposition and Development Agreement and recommends its approval; and - 1 - 9) summarizes the Declaration of Covenants, Conditions, and Restrictions and recommends its approval. This report also contains the Planning Commission's actions and recommendations to the City council on certifying the Final EIR and approving the General Plan Amendment No. 11 and draft Development Agreement. The Planning commission recommended to the City Council that the Council approve a no impact proj ect containing 600,000 - 750,000 gross square feet of floor area to be developed in two phases. The Commission also recommended that the City council conduct an independent evaluation of the business terms of the proposed lease. Reliance Development Group, selected by the city Council in October 1987 to develop the project, originally proposed to build one of ,two alternative development schemes totalling between 1,278,600 and 1,340,000 square feet (l,360,500 and 1,418,200 gross square feet) of development to be constructed in four phases. Scenario "A" consisted of offices, retail, restaurant, and soundstage/studio uses. scenario "B" eliminated the studio complex and developed only office, retail, and restaurant uses. However, staff does not recommend approval of the originally proposed project but suggests two alternatives: 1) 1,015,000 square feet (l,078,100 gross square feet) of development if the city council desires to approve a project that provides significant revenue to the city with minimal significant impacts (Alternative 3A as described in the Final EIR). 2) 822,000 square feet (873,000 gross square feet) of development if the city Council wishes to approve a project that generates no significant environmental impacts but is willing to accept less annual and long-term revenue from the property. (Alternative 3C as described in the Final EIR). If the Council selects either one of these alternatives, the project will: 1) be developed in three phases rather than four on 26.33 to 28.53 acres rather than 36.73 acres of residual land in the City of Santa Monica as originally proposed, 2) eliminate the Studio Scenario "A" of the originally proposed project from consideration at this time since the feasibility and desirability of building a studio complex in a three phase project has not been analyzed or evaluated, and 3) delete the former Phase 4 acreage so the City can retain 8.20 to 10.40 acres of residual land to develop with community arts, education, and recreational uses. - 2 - This staff report delineates what in staff's opinion are the two most viable options available to the City council -- 1) approval of a project (Alternative 3A of the Final EIR) that is estimated to generate $2.4 billion over the full term of the lease and generate significant traffic impacts at only 3 intersections during the morning rush hour and a significant air quality impact at 1 nearby intersection; or 2) approval of a smaller project (Alternative 3C of the Final EIR) that will generate less revenue and cause no significant environmental impacts. A project larger than the upper end of the range recommended by City staff will generate greater revenue to the city but will result in an unacceptible increase in the number of significant environmental impacts. A project smaller than the lower end of the range will result in a project that is economically infeasible to construct and will result in no project being built under the current financial terms, if at all. The developer has adv~sed the City that any reductions in the project below the 873,000 gross square foot level would require substantial renegotiation of the business deal for the developer to determine ifhe is willing to proceed. If approved, either project will result in a 24% to 38% reduction in the project size from that originally proposed by the developer. However, the Planning Commission has also recommended an option to the City council that it believes eliminates significant impacts from the project. That project would contain 600,000 to 750,000 square feet and be constructed in 2 phases. OVERVIEW Development of the residual land parcel at the Santa Monica Airport located at Bundy Drive and Airport Avenue represents the culmination of a five year planning process. Agreements approved by the City of Santa Monica and the Federal Aviation Administration (FAA) in 1984 provided for the reconfiguration of the Airport facility in such a manner as to leave available a large parcel of City-owned land for alternative uses. The City prepared a number of planning and market studies to narrow the range and scale of uses for the parcel and conducted a public process to prepare a Request for Development Proposal (RFP) that outlined the City's goal and objectives for development of the parcel as well as the land use and development standards for the site. Many of these development standards for the project were based on preliminary traffic studies prepared by consultants for the City and on the City's desire that the project fit within the context of the surrounding neighborhoods. The specific development parameters for the project -- size, layout, height, setback, design standards, project amenities -- - 3 - have been refined as the formal environmental analyses of the project have progressed. These parameters are contained in the Development Agreement for the proj ect as are other provisions that are intended to mitigate the environmental impacts of the proj ect and to respond to other community concerns about the project. The City has involved the community at each step in the process to pI an, rev iew , and cons ider this proj ect. workshops were conducted with neighborhood groups at each key step in the environmental review process to answer questions and solicit comments. The City met a number times with key planning and traffic staff from the City of Los Angeles to explain the project and to answer their questions. Santa Monica City officials met with Los Angeles Councilmembers Ruth Galanter and Marvin Braude and their staffs to answer questions and to respond to their concerns and issues. The proj ect and all documents recommended for approval in this staff report will allow development of a project that will achieve the City's goal and obj ecti ves to develop a long-term revenue stream to the City while eliminating all or virtually all significant environmental impacts on the surrounding community. SITE LOCATION AND DESCRIPTION The project site is an irregularly shaped parcel of residual land located at the Santa Monica Airport. The site is located at the southeast corner of the ci- of Santa Monica at the intersection of Bundy Drive and Airport Avenue. The east and south sides of the property abut the City'S boundaries with the City of Los Angeles. Surrounding uses consist of the Santa Monica Airport to the north and west, a single-family residential neighborhood across Bundy Drive in the City of Los Angeles to the east, and a commercial office complex and single-family residential neighborhood in the City of Los Angeles to the south. The project will require less land area to accommodate the commercial development than was originally proposed. Depending on the City council's actions, the development proj ect will be constructed on 26.33 to to 28.53 acres of residual land. The City will retain between 8.2 to 10.4 acres of residual land to develop with community uses. (0.83 acres of residual land in the City of Los Angeles is not part of this project.) Original Project Original Project Parcel Area: ~esidual Land not in Project: TOTAL RESIDUAL LAND 36.73 acres (in Santa Monica) 0.83 acres (in Los Angeles) 37~56 aores - 4 - Minimal I~pact Project Revised Project Parcel Area: city Retained Surplus Land: Residual Land not in Project: 28.53 acres (in Santa Monica) 8.20 acres (in Santa Monica) 0.83 acres (in Los Angeles) TOTAL RESIDUAL LAND 37.56 acres No Impact Project Revised Project Parcel Area: city Retained Surplus Land: Residual Land not in Project: 26.33 acres (in Santa Monica) 10.40 acres (in Santa Monica) 0.83 acres (in Los Angeles) TOTAL RESIDUAL LAND 37.56 acres PROJECT DESCRIPTION The project to be developed on the Santa Monica Airport Residual Land Development Parcel consists of a mixed-use development containing office uses with support retail, restaurant, child day care, and ancillary uses and conununi ty uses. (The originally proposed development scheme containing a studio complex with soundstages, production offices, and warehouse/storage space has been dropped from consideration since Phase 4 of the original project has been deleted.) The originally proposed proj ect totaled up to 1,340,000 square feet (l,4l8,200 gross square feet) of development to be constructed in four phases. Depending on the city council's action, the project would contain either: 1. 1,015,000 square feet (1,078,100 gross square feet) of development to be constructed in three phases and up to 124,800 square feet of building area for recreational, arts, education, and other non-commercial community uses constructed on the former "phase 4" acreage of the parcel, or 2. 822,000 square feet (873,000 gross square feet) of development to be constructed in two or three phases and up to 124,800 square feet of building area for recreation, arts, education, and other non-commercial uses on the former "Phase 4" acreage. The minimal impact project (#1 above) would contain seven, six-story (84') office buildings totalling approximately 977,400 square feet (1,039,200 gross square feet) of office space: retail space totalling about 21,370 square feet (21,800 gross square feet): restaurant uses totalling about 7,250 square feet (8,040 square feet); and a child day care center of about 8,700 square feet (9,000 gross square feet). There would be four parking - 5 - structures property. located in the project to serve all uses (See Attachment A1: Minimal Impact site plan.) on the The no impact project (#2 above) uses would contain six, six-story (84') office buildings totalling approximately 784,400 square feet (834,000 gross square feet) of office space; retail space totalling about 2l,370 square feet (2l,800 gross square feet); restaurant uses totalling about 7,250 square feet (8,040 square feet); and a child day care center of about 8,700 square feet (9,000 gross square feet). There would be four parking structures located in the project to serve all uses on the property. (See Attachment A: No Impact project site Plan) In general, the location and height of buildings in the project respond to the scale of the adj acent community. The tallest structures would be located on the north side of the parcel adj acent to the Santa Monica Airport away from the small scale single-family neighborhood to the south of the project. The lower height parking structure will be located on the south side of the parcel and will be consistent with the scale of the neighborhood to the south. The development project would be constructed by Reliance Development Group on City-owned land which will be leased to the developer. Arts, education, recreation, and community uses will be considered by the city on that portion of the residual land parcel it retains. A subsequent planning process is recommended to refine the location, use, and management of recreation, arts, education, and community uses on this portion of the residual land site; to determine the number of peak hour vehicular trips generated by these uses; and to adjust the size of the Reliance project accordingly. project Phasing The original project was to be completed in four phases. The projects discussed in this staff report can be corn~leted in three phases. Each phase will provide adequate serv~ces, physical improvements, circulation, open space, and parking to serve the needs of that phase. A subdivision map application would be filed in the future to subdivide the property into parcels coinciding with the property boundaries associated with each building and phase. Phase 1 of the project would contain approximately 366,000 square feet (386,600 gross square feet) of development. The developer must take possession of the first portion of the site and commence paying ground rent to the City one year after execution of the Disposition and Development Agreement (ODA). Construction of Phase 1 must commence within 30 months of signing the DDA. Phase 2 of the project would contain approximately 371,100 square feet (396,600 gross square feet) of floor area. The developer must take possession of the property on which Phase 2 will be - 6 - built and begin paying ground rent for that portion of the property 4 years after the ODA is signed. Construction of Phase 2 buildings should commence in late 1993 if market conditions permit but is not required to commence until 9 years after execution of the Ground Lease to accommodate potential fluctuations in the market for office space. The size of Phase 3 of the project would vary depending on the actions taken by the City Council. If the Council approves a minimal impact project, Phase 3 would contain 277,600 square feet (294,800 gross square feet). If the City Council approves a no impact project, Phase 3 would contain about 85,000 square feet (90,000 gross square feet). The developer must accept possession of the Phase 3 portion of the property within 6 years after the DDA is signed and begin paying the city ground rent for that portion ,of the property at that time. Construction of Phase 3 buildings should start in late 1995 if market conditions warrent but must commence within 13 years of signing the DDA. Phase 3 may be developed at the same time as Phase 2 due to the relatively low amount of floor area in Phase 3 of the project. Any proj ect approved within the range described in this staff report reduces the size of the proj ect sufficiently to obviate the need to build a fourth phase. As a result, the surplus land devoted to the former Phase 4 will be retained by the City for primarily community uses but Airport-related, or Airport-compatible uses would be permitted as well, if desired. Once begun, actual construction of each phase should take about 12 to 18 months to complete but in no case more than 30 months after construction has commenced. It is anticipated that construction of the recommended proj ect could be completed by mid-1997 rather than mid-199B as anticipated for the original project if market conditions allow for the development of each phase in a timely manner as expected. project Site Plan and Design The developer and architects for the project have attempted to create a plan that is substantially different from that of the usual business park. The prevailing design of business parks features freestanding buildings surrounded by surface parking lots with a limited amount of usable open space remaining for landscaped areas. Ordinarily, these landscaped spaces provide some aesthetic and greenery relief, but lack any substantial function for the enj oyment of users of the complex and the surrounding community. The proposed development differs from this design because office buildings, parking structures, and roads are located around the perimeter of the site. The remaining available land is consolidated into a central, shared open space. Due to the size of these central plazas and gardens, landscaping may be achieved on a larger scale than if the individual building pads were to be landscaped independently. The architects have designed the buildings to reinforce the campUS-like feeling of the development, as required by the City's - 7 - stated objectives for development of the property. A variety of building shapes and sizes are used to form the proj ect. The different buildings will be unified by a shared palette of colors and materials which will create a consistent aesthetic treatment. The architects envision building materials to include buff colored masonry accented with colored marble and granite at the base and lightly tinted non-glare glass. Landscape and Garden Amenities The primary organizing feature of the proj ect is a series of linked gardens that stretch from Bundy Drive to the western end of the development around which the buildings are oriented. To achieve this central garden space, the architects placed access roads, the office buildings and parking structures around the perimet~ of the site, thus creating three clearly defined, auto-free, open spaces at the center of the project, similar to a college campus or town square. Each of the three gardens provides a focal point for each development phase. As a result of this design and the timing of improvements, each phase achieves a look of completeness without relying on the construction of subsequent phases. The architects have designed each garden to have its own distinct character. Each garden serves a different purpose, attempts to evoke a different mood, and contains landscape materials that symbolize the southern California environment. The architects have organized the buildings in Phase ~ of the development around the Cypress Garden which is oriented toward Bundy Drive and is designed to welcome visitors to the project. The Cypress Garden contains a grove of cypress trees representative of a Mediterranean civic plaza. cypress trees are drought-tolerant. Phase 2 is oriented around the Palm Court and Hedgerow Garden which are the centerpieces of the development. These two open spaces provide the primary connection between the second phase's parking facilities and office buildings. The Palm Court is landscaped with a grove of mature palm trees and contains a large, terraced pool of water. The adjacent Hedgerow Garden is located next to retail shops and restaurants that screen the lower floors of one of the proj ect t s parking structures. This garden is comprised of an expanse of lawn bordered by a serpentine hedge of shrubs. The buildings contained in Phase 3 of the development surround the Orange Grove Garden containing a cluster of mature orange trees. The elegance of the original project's site plan and gardens has been maintained in the site plan for any project within the recommended project size range. Project circulation The main entrance to the project is located on the west side of Bundy Drive approximately 35' north of the current location of - 8 - Airport Avenue. This main entrance road will be 65 I wide and will accommodate two in-bound and four out-bound lanes. The entrance avenue will extend for a distance of approximately 300l into the project site, at which point traffic is routed around a 60-foot diameter landscaped median which comprises an entry focal point. Two secondary roads are located approximately 550' north and 200' south of the main entrance. These roads allow only right turns in and out. Circulation is provided around the perimeter of Phases 1, 2, and 3 via a 33' wide drive. The need for a secondary leg of this perimeter road extending into the originally proposed Phase 4 portion of the site would be eliminated in the revised proj ect except to provide emergency access to the project. Project ,Parking Parking for the project is provided in four parking structures which extend above and below grade. Each structure is located in close proximity to the buildings they serve. In this recommended project, the developer has expanded Parking Stucture #1 adjacent to Building 1 in Phase 1 of the proj ect to better serve that building and has eliminated the originally proposed underground parking level which extended beneath a maj ori ty of the area covered by the central water feature and Palm Court. The revised project eliminates the need for the western-most of the two parking structures that would have been located in Phase 4 of the project. The placement of the parking structures at the perimeter of the site increases the amount of centrally located, usable C01\U'l\on open space which may be provided for the project, thus permitting the campus like layout free from vehicular interference sought by the developer. In order for this concept to work effectively, the Development Agreement stipulates that safe and attractive pedestrian access be provided between each of the parking structures and the buildings they are intended to serve. Total parking required by the city'S Zoning Code for the completed project ranges from 3,466 parking spaces for the minimal impact project to 2,823 - 2,917 spaces for the no impact project alternatives. The developer must provide at least the minimum number of spaces required by Code but is currently planning to provide between 277 and 453 more spaces than required. (See Attachment B.) BACKGROUND ON AIRPORT AGREEMENTS The development of the residual land parcel at the Santa Monica Airport is the CUlmination of a major planning program conducted by the City of Santa Monica. This planning program was an effort by the City to resolve ongoing community issues concerning the operation of the Airport, to plan for the appropriate use and/or reuse of Airport property, and to use a City-owned asset in a - 9 - financially responsible manner to increase revenue for the City that could be spent to help meet the needs of the community. In November 1983, after a series of planning and noise studies, publ ic hearings, and workshops, the City Counci 1 adopted the Airport Layout Plan and Noise Mitigation program for the Santa Monica Airport. The Layout Plan recommended, among other things, that Airport operations and related businesses be consolidated and relocated primarily to the north side of the airfield, away from the adjacent residential community in the City of Los Angeles. The planned reconfiguration of Airport facilities resulted in 37.56 acres of Airport property designated as IIresidual land" not needed for aviation purposes. It should be noted that 0.83 acres (36,134 square feet) of the total 37.56 acres of Airport property which was designated as residual land is located in the city of Los Angeles. This portion of the residual land property is not included as part of the project for either the original project or the revised project. In January 1984, the city approved an Airport Master Agreement with the Federal Aviation Administration (FAA). This Agreement requires the relocation of Airport facilities and the improvement of the airfield as outlined in the Layout Plan and obligates the city to operate the Airport until the year 2015. This Master Agreement also prohibits the city from selling the residual land parcel, restricts the use of the site to only "airport compatible" uses, and mandates that the Airport remain in continuous operation during all improvement and development activity_ The relocation of Airport facilities and construction of improvements to the airfield are occurring as a project separate from the development of the residual land parcel. IDENTIFICATION OF DEVELOPMENT OPTIONS FOR RESIDUAL LAND PARCEL Once the basic plan for the Airport facility was adopted and agreements with the FAA were executed, the City of Santa Monica began to investigate its options to develop the residual land parcel and to select a developer for the site. The City conducted a market study to help determine the range of appropriate uses for the property and prepared a preliminary traffic analysis to estimate the appropriate scale of development for the property based on the traffic conditions of the surrounding street system. In July 1985, the City Council directed staff to draft a Request for Development Proposal (RFP) in conjunction with the City Planning Commission that would both identify the type of development the City desired for the Residual Land Parcel and invite developers to submit development schemes to the city for its consideration. City staff prepared a draft RFP for the - 10 - Planning Commission's consideration. The Planning Commission held a public hearing on the draft RFP in January 1986 and revised the document to respond to community comments and Commission concerns. The Commission unanimously approved the revised draft RFP. In January 1986, this revised draft RFP was transmi tted to the Architectural Rev iew Board and the Airport Commission for their review and comment. The City council reviewed the revised draft RFP along with Planning Commission, Architectural Review Board, and Airport Commission comments and approved the Final RFP in February 1986. The approved Final RFP and application packet were issued in April 1986. DEVELOPMENT GOAL AND OBJECTIVES The city I s RFP contained not only the land use and development standards for the site but also the City's goal and objectives for the use of the property. The goal and objectives articulate the City 1 S purpose for developing the property and the desired result of that development as follows. Goal: Transform an underutilized pUblic land asset into an innovative, aesthetically superior, high quality working environment that produces significant new revenue, employment, business opportunity and related benefits for project site users, and the city in general. Objectives: a) To create a project that is financially feasible and that provides a significant revenue stream to the city. b) To develop a project that minimizes significant adverse impacts on the surrounding area. c) To design a project with buildings and public open spaces that are architecturally superior in design and detailing, provide a campus-like setting, are sensi ti ve to the scale and character of the area and the City, and are aesthetically harmonious. d) To - develop a project that meets the today I s market and the future needs of users. needs of its many e) To establish a construction phasing schedule will promote the successful completion of project and the timely delivery of revenue other project benefits. that the and - 11 - f) To ensure that the project is well maintained over time and will remaJ.n a positJ.ve asset to the city and the developer. DEVELOPER SELECTION PROCESS In June 1986, the city received proposals from eight major development firms. A Selection Advisory Committee consisting of City staff set out to evaluate each proposal. The Committee reviewed each developer's financial capability to undertake a project of this size, the firm's experience with projects of similar scale and character, its experience in working with public agencies on similar pUblic/private partnerships, as well as the, qualifications of key staff, management experience, organization and management approach, and responsiveness to the City's RFP of proposed lease terms and preliminary project design. Three development teams emerged as the most financially capable and experienced of the group. In October 1986, each of the three finalists were given several months to prepare more detailed and refined development plans for the City's consideration and to provide more information on projected development costs and phasing of construction. Each developer was also requested to provide the City with a lease offer for the City's consideration. In March 1987, City staff received the detailed development proposals and lease offers from the three development teams chosen by the Selection Advisory committee. The Committee evaluated each development proposal in a number of land use and lease agreement areas and recommended to the City council that it select Reliance Development Group to develop the property. In October 1987, following a public hearing, the City Council authorized the City Manager to exclusively negotiate with Reliance Development Group all lease, development, land disposition and other agreements that are necessary for development of the property. CEQA COMPLIANCE/ENVIRONMENTAL REVIEW PROCESS The Final Environmental Impact Report (FEIR) on the project consists of four volumes: o Volume 1: Revised Draft EIR, o Volume 2: Responses To Comments on the Draft EIR, and o Volume 3: Supplemental EIR and Response to Comments on the Draft SEIR (SEIR#l). o Volume 4: Supplemental EIR No.2 and Response to Comments. - 12 - All four volumes of the Final EIR must be considered in deliberations regarding the project. If the recommended project is approved, the Ci ty Counc~l must also adopt a statement of Overrid~ng Considerations under Section 15091 of the CEQA Guidelines for each significant impact which cannot be mitigated to below a level of significance. Further, the statement of Overriding Considerations has been written to include all intersections in the City of Los Angeles significantly impacted before mitigations to ensure that the project may proceed if the City of Los Angeles blocks implementation of the street and intersection improvements called for as mitigation measures in that city. City of Santa Monica staff and its consultants believe all mitigation measures are feasible, necessary, and effective. However, it is possible that, for whatever reason, the City of Los Angeles may determine not to allow such measures to be implementation. The Statement of overriding Considerations will allow the project to move forward under these circumstances in accordance with CEQA. On July 20, 1988, Volumes 1 and 2 were distributed to the City council. Volume 3 was attached to the November 30, 1988 Planning Commission staff report on the project. Volume 4 is attached to this report. (See Attachment C: Final EIR Volume 4.) Preparation of the EIR Preparation of the EIR began in November 1987. City staff determined that the EIR must analyze the potential environmental impacts that may result from development of the proposed project on: earth, air quality, water, energy, noise, light and glare, shadows, risk of upset, human health, population, land use, housing demand, utilities, right-of-way, transportation & circulation, public services, fiscal, recreation, cultural resources, aesthetics and neighborhood effects. Staff selected EIP Associates and Kaku Associates to prepare the EIR. EIP Associates prepared the Water Garden I s ErR and had extensive experience with similar projects. Kaku Associates, the traffic consultant working with EIP Associates, had extensive experience in preparing traffic analyses in both Santa Monica and Los Angeles and had an excellent understanding of the traffic conditions in the wests ide area of Los Angeles and the analytical methodologies appropriate for the area. The City of Santa Monica encourages public participation in the EIR preparation process beyond that required by the California Environmental Quality Act (CEQA) so as to make the EIR documents as complete and accurate as possible. To this end, staff sent a Notice of Preparation (NOP) of the ErR to approximately 8,000 residents living in the area surrounding the project, to nearby Los Angeles and Santa Monica neighborhood groups, to Los Angeles Councilmembers Braude and Galanter; to Los Angeles city staff, and to County and State agencies that would have potential concerns about the project. The public review period mandated by State law (CEQA) for the Notice of Preparation is 30 days; the NOP public review period allotted by the City was over 45 days. - 13 - city staff also conducted a number of EIR scoping meetings to introduce community groups to the proj ect, prov ide them with a timeline for the EIR preparation and project approval processes, and identify environmental concerns that community representatives thought should be studied in the EIR. staff met with: the Technical Look Committee (interdepartmental City staff review), santa Monica neighborhood groups (briefings to which were invited Sunset Park Area Neighbors [SPAN], Pico Neighborhood Association, Mid-City Neighbors and the Ocean Park COIllIllunity Organization), Los Angeles neighborhood groups (Homeowners Organized to Monitor their Environment [H.O.M.E.], North Westdale Homeowners, Westdale Homeowners, Hilltop), the Santa Monica Airport Commission, Councilmembers Braude and Galanter I s staffs and city of Los Angeles Planning Department and Department of Transportation staff. Draft EIR On April 15, 1988, the Draft Environmental Impact Report (DEIR) was made available to the pUblic. Staff mailed the Notice of Completion (NOC) of the DEIR to approximately 1,000 interested persons and project-adjacent residents. Copies of the DEIR and NOC were sent to Los Angeles City, Los Angeles County, the State Clearinghouse, the FAA, Santa Monica and Los Angeles neighborhood associations, and Los Angeles Councilmembers Braude and Galanter. DEIR workshops were conducted by the ErR consultants and the Planning Division with the leadership of all interested Santa Monica and Los Angeles neighborhood associations. In addition, Santa Monica and Los Angeles neighborhood groups met with the developer to discuss the overall project plan, potential neighborhood impacts, and proposed DEIR mitigation measures and findings. The DEIR found that the project would result in beneficial impacts related to Hydrology, Aesthetics, Public Services (schools), Fiscal, and Recreation. The document found that all potentially significant environmental impacts could be mitigated to less than significant levels except for significant adverse air quality impacts resulting from the project at two intersections near the project. The OEIR found that the orginally proposed project would result in no significant traffic impacts since the traffic analysis in this volume of the ErR assumed that Centinela Avenue south of the proj ect would be widened as proposed in the adopted Coastal Transportation Corridor Specific Plan of the City of Los Angeles (Ordinance No. 160.394). Forty comment letters were received in response to the DEIR. The majority of comments focused on the topics of Traffic, Alternatives, Aesthetics, Air Quality, and Access. The EIR consultants and City staff responded to all comments in Volume 2: Response to Comments on the Draft EIR. - 14 - The ci ty of Los Angeles Planning Department staff and Councilmember Galanter stated in their comment letters that the City of Los Angeles did not intend to widen centinela Avenue as proposed in its adopted Specific Plan for the area south of the City of Santa Monica. supplemental Environmental Impact Report No. 1 As required by CEQA, a supplemental environmental impact report must be prepared when new information arises subsequent to the preparation of a draft EIR that may create the possibility of additional significant impacts that were not addressed in the original draft document. To ensure a full and complete environmental analysis and the requisite public comment on that analysis, City staff determined it was appropriate to prepare a Supplemental Environmental Impact Report (SEIR # 1) that eval ua ted the potential impacts of the project if centinela Avenue south of the project was not widened. The SEIR #1 focused on three topics originally studied in the DEIR: Traffic, Air Quality, and Project Alternatives. The traffic analysis contained in the SEIR #1 assumed that Centinela Avenue south of the Airport site would not be widened and the air quality analysis was conducted based upon the new traffic impact analysis. Two additional project alternatives were analyzed in greater detail -- a Three Phase project comprised of 1,078,068 gross square feet and a Two Phase project comprised of 791,775 gross square feet. Sixty-nine comment letters were received in response to the Draft SEIR #1. The comments focused on the three topics studied in the SEIR, Traffic, Air Quality and Alternatives. The EIR consultants and City staff responded to all comments in Volume 3: Supplemental EIR #1. Both the City of Los Angeles and Culver City requested that additional intersections be analyzed for significant impacts. These intersections were: o Bundy Drive/Pico Boulevard (Los Angeles) o Centinela Avenue/Washington Boulevard (Culver City) o Centinela Avenue/Washington Place (Culver City) o Walgrove Avenue/Washington Boulevard (Culver city) o Inglewood BOUlevard/Washington Boulevard (Culver City) To respond to these requests, the EIR consultants conducted an analysis of traffic impacts at the above intersections. That analysis showed that no significant traffic impacts would be generated by the project at these intersections that could not be mitigated. Supplemental Environmental Impact Report No. 2 - 15 - The Planning Commission held two public hearings on the project and Volumes 1-3 of this EIR on November 30, 1988, and December 7, 1988. However, on December 1st, shortly after the first Planning commission hearing on the project, the state Supreme Court released its decision on the "Laurel Heights Improvement Association of San Francisco, Inc. vs. Regents of University of California." The ruling on this case provided new standards regarding the level of detail necessary to discussing project alternatives in an EIR. The City hired an outside legal counsel specializing in EIR and land use law. His recommendation was to prepare a second supplement to the EIR that followed the neW standards provided in the Laurel Heights case and other recent court decisions. SEIR #2 was prepared to expand the project alternatives analysis contained in Volumes land 3. A total of 15 distinct alternatives were examined in SEIR #2. These included nine land use alternatives that had been analyzed or discussed at some point during the planning process for the project began in the early 1980s and six project alternatives were contained in Volumes 1 and 3 which were brought forward into this analysis and in some cases modified slightly. SEIR #2 also provided additional information on access options and wastewater issues which addressed points of concern raised at the two Planning Commission public hearings held on November 30, 1988 and December 7, 1988. The SEIR #2 traffic analysis studied 37 intersections. The five addi tional intersections discussed in "Response to Comments on SEIR #1" were included in the traffic analysis of SEIR #2 at the request of Culver city and the city of Los Angeles. Twenty-seven comment letters were received in response to the Draft SEIR #2. Comments focused on the two main topics studied in SEIR #2, Alternatives and Traffic. The EIR consultants and city staff responded to all comments in Volume 4 of the EIR. TRAFFIC AND CIRCULATION The FEIR (Volumes 1-4) analyzes the potential traffic impacts resulting from the project, from a broad range of project alternatives, and from various project access options. The traffic ana.lysis prepared for the FEIR studied 37 key intersections in Santa Monica, Los Angeles, and Culver city. The traffic analysis consistently used conservative assumptions. A summary of the traffic analysis contained among the four volumes of the EIR, sampling of the most common pUblic comments on that analysis, and staff's response to those comments is contained in Attachment 0: Summary of Traffic Analysis. - 16 - Santa Monica's criteria for determining a "significant" traffic impact is the same as that used in the city of Los Angeles. If the addition of project traffic to an intersection results in an increase of 0 .02 or greater in the Volume to Capaci ty Ratio (V/C), and the intersection is projected to operate at a level of service (LOS) of E or F after the addition of the proj ect traffic, that intersection is considered to be significantly impacted. The Final EIR found that the minimal impact project Alternative 3A (Three Phase Proj ect) with arts, education, recreation, and community uses on the "Phase 4" portion of the site would significantly impact up to 18 intersections before mitigation. Only 3 intersections during the morning peak hour would remain significantly impacted after implementing the recommended street and intecsection improvements, a Transportation Demand Management (TOM) program to reduce peak hour trips by 15% , and adding impacted intersections in the City of Los Angeles to that City's Automated Traffic Surveillance and Control (ATSAC) system which increases intersection capacities by 7% (see Attachment E: Intersection Impact Tables). The FEIR found that the no impact project at 822,000 square feet (873,000 gross square feet) with arts, education, recreation, and community uses (Alternative 3C) would significantly impact up to 16 intersections before mitigation but that NO intersections would remain significantly impacted after implementing the recommended mitigation. Alternative Access options Access to the proposed project is provided by one main road and two secondary roads to Bundy Or i ve . The FEIR examined the feasibility of a number of access options and the changes in traffic patterns and traffic impacts that would result. The first option provided access to the proj ect from Walgrove Avenue/23rd Street along Airport Avenue in addition to access to Bundy Drive. The FEIR found that if access was provided to Bundy and Walgrove/23rd Street, 11 intersections would be significantly impacted during the morning peak period (as compared to 10 if only Bundy access is permitted) and 17 during the evening peak period (compared to 15). This access option shifts impacts from Bundy Drive, a major arterial, to local serving residential streets thus significantly impacting the residential neighborhoods west and south of the Airport property in both Los Angeles and Santa Monica. The FEIR concludes that the significant impacts on these residential streets and the steep grade and sharp curves at Walgrove Avenue and 23rd street make this access option undesirable. The FEIR also studied the changes to traffic patterns and traffic impacts if additional project access was provided to Centinela Avenue north the project by means of a perimeter road around the end of the Airport runway, a tunnel, or a satellite parking lot - 17 - at the end of centinela connected to the project with a shuttle in addition to Bundy Drive. The FEIR examined the feasibility of using the existing Airport perimeter road connecting Airport facilities on the north and south sides of the runway. Preliminary studies prepared for the FEIR found that the existing roadway is too narrow to carry large numbers of vehicles. The FEIR then investigated the feasibility of widening the existing Airport perimeter road to accommodate Airport and proj ect traffic. However, both of these options utilizing the airport perimeter road proved infeasible since the FAA, which governs the existing Airport perimeter road, stated that it will not allow the use of the Airport perimeter road for residual land project traffic. The road can be used only by Airport users and cannot be used by the general public. The FEIR then studied the feasibility of constructing a second "public" perimeter road to Centinela Avenue parallel to the existing Airport perimeter road. Preliminary engineering studies undertaken for this analysis found that the construction of the second perimeter road would preclude the widening of Bundy Drive adjacent to the project using Airport property. There was insufficient property between the end of the runway and Bundy Drive to construct both improvements so the FEIR analysis studied the second perimeter road and the widening of Bundy Drive on Airport property separately. The FEIR examined the feasibility of constructing a tunnel below the runway to connect the project to Centinela Avenue. The FEIR found that the tunnel would cost $8-9 million to construct and would require that the City amend its agreement with the FAA to utilize Airport land intended to be used for Airport uses for tunnel portals and ramps that would not service Airport uses. The FEIR found this option did not effectively mitigate project impacts and was not cost-effective. Finally, the FEIR analyzed a satellite parking lot north of the runway connected to the project with a shuttle bus or van. The FEIR found that the satellite lot/shuttle bus would cost about $235,000 per year to operate, would reduce the desirability of the project compared to other projects that don't require employees to park in satellite lots, would use property designated for Airport uses requiring amendment of agreements with the FAA, and would not significantly shift traffic patterns or reduce impacts. For each of these options providing additional access to the project from the north, the FEIR found that for the originally proposed project, 13 intersections would be significantly impacted during the morning peak period (as compared to 10 if onl~ Bundy access is permitted) and 17 during the evening peak per~od (compared to 15). If the second perimeter road is constructed, precluding the widening of Bundy Drive, five intersections would remain significantly impacted after other mitigation measures are - l8 - implemented. If Bundy Drive adjacent to the project is widened using Airport property, only three intersections would be left significantly impacted by the revised project after mitigation. staff recommends that the project's access remain on Bundy Drive, that no perimeter road be built (thus allowing for the required widening of Bundy Drive adjacent to the project), and no western access be permitted because more intersections are significantlY impacted if additional access to the north or west is permitted, because of the high capital cost to construct a tunnel below the runway and annual cost to operate a satellite parking lot, because these options are not cost-effective and because of the inability of the City to use land designated for Airport uses for project related improvements. The city should maintain the ability to widen Bundy Drive adjacent to the project which is precluded by constructing a second perimeter road. This widening will not only reduce the number of significantly impacted intersections from five to only three but also allow the City to increase the increased capacity of the street which will be needed to accommodate both project traffic and future traffic growth in the area. Elimination of all peak hour vehicular trips from the uses in "phase 4" of the project or reducing the size of the project will result in no intersections significantly impacted. AIR QUALITY The FEIR identified two types of air quality impacts associated with the project: 1) short-term impacts during construction from dirt, dust, suspended particulates, and construction related mobile emissions, and 2) long-term impacts from automobile emissions, particularly carbon monoxide (CO). According to the FEIR, the short-term construction impacts would not be significant in that they can be mitigated through dust abatement and adequate equipment maintenance. The FEIR's analysis of long-term air quality impacts focuses on carbon monoxide (CO) emissions, as these are one of the most important pollutants from motor vehicles. The analysis involves a worst-case, conservative scenario that assumed severe meteorologic conditions, construction of all cumulative projects in the surrounding subregion, no traffic mitigation programs to reduce the traffic generated by any project in the area, and a 2% background traffic growth factor. The FEIR concludes that the minimal impact project would have significant long-term air quality impacts at one intersection, as compared with 2 intersections for the originally proposed p:oject. The FEIR finds that the no impact project alternatives w~ll generate no significant air quality impacts. - 19 - ALTERNATIVES The FEIR analyzed a total of 15 different alternatives to the originally proposed Airport Residual Land Development Project. Those alternatives are: Alternative 1 Alternative 2 Alternative 3 3A 3B 3C Alternative 4 Alternative 5 Alternative 6 Alternative 7 Alternative 8 Alternative 9 Alternative 10 Alternative l1 Alternative l2 Alternative 13 Alternative 14 Alternative 15 Reduced studio Reduced Office Three Phase Project Three Phase project on 27 acres (Minimal Impact Project at 1,015,000 sf.) Three Phase/Reduced Height on 37 acres Three Phase/Reduced Density (No Impact project at 822,000 square feet) Two Phase Business Park Research and Development/Light Industrial Airport Expansion No Project Regional Shopping Mall Neighborhood Commercial Center Residential Hotel Regional Park Off-Site Alternative: City Yards Off-Site Alternative: Bus Yards These alternatives were identified from studies and analyses of potential uses for the site prepared during the initial planning stages of the city I s efforts project to develop the parcel, logical variations of the proposed project, and large City-owned off-site locations that could accommodate a project of a similar size. All Alternatives in the FEIR were compared to the originally proposed four phase project. (See Attachment F: Summary of Impacts of Project Alternatives.) DEVELOPMENT AGREEMENT The Development Agreement contains the land use and development standards that will regulate the uses, height, size, design, and scale of the Airport Residual Land Development proj ect. The Agreement also delineates the responsibilities and obligations of both the Developer and the City before, during, and after construction of the project. A draft Development Agreement was submitted by the Developer when the application for the project was submitted. As the City prepared the Environmental Impact Report and conducted its - 20 - neighborhood workshops and meetings, City staff met with the Developer and recommended that numerous changes be made to the draft document. These modifications were intended to incorporate the recommendations contained in the environmental documents on the project and to respond to community and neighborhood concerns about the project. The Development Agreement is included in Attachment G and a summary of that Agreement is included as Attachment G2. The Development Agreement was written for the minimal impact project. No changes are necessary if the City Council approved this alternative. However, if the City Council approved the no impact project, specific changes to the draft Development Agreement document are necessary These changes are contained in Attachment H: Recommended Modifications to Development Agreement. GROUND LEASE AGREEMENT The Ground Lease Agreement between the City of Santa Monica and Reliance Development Group contains the business terms for the leasing of the site to Reliance for development of the residual land project. (See Attachment I: Ground Lease.) The Ground Lease was prepared with the guidance of outside legal counsel who specializes in real estate matters and ground leases. The lease provides the city with both a guaranteed source of ground rent income from the property and an opportunity to participate in the various types of profits the developer may realize from the development project. The lease requires that Reliance Development Group pay the City a guaranteed base rent commencing when Reliance takes possession of the land for each phase of development. The guaranteed base rent for Phase 1 will commence one year after execution of the Disposition and Development Agreement (DDA) i for Phase 2, four years after execution of the DDAi and for Phase 3, six years after exectution of the DDA. The annual guaranteed base rent paid to the City equals $3.30 per rentable square feet of development to be constructed in each phase or approximately $1,160,000 per year for Phase 1 and an additional $1,225,000 per year for Phase 2. If the city Council approves the minimal impact proj ect, Phase 3 will generate an additional $916,000 per year. If the Council approves the no impact alternative, Phase 3 will generate about $279,000 annually. In 1996, after the developer has taken possession of the land for all three phases of the project, guaranteed ground rent is estimated to total $3,272,000 annually for the minimal impact project and $2,792,000 annually for the no impact project. The lease provides for the escalation of the initial guaranteed base rent rate to keep up with inflation. The first rent - 21 - increase will occur on January 1, 1999, with a minimum increase of 25% and a maximum increase of 69%. In 1999, the total guaranteed base rent paid to the City for all phases will be approximately $4,853,000 annually (assuming 4% annual inflation) for the minimal impact project and $4,133,000 annually for the no impact project alternative. After 1999, the guaranteed base rent will increase every five years. The Ground Lease also requires Reliance Development Group to pay the City a share of the net revenue it receives from tenants in the proj ect and a share of the net proceeds resulting from the sale of the leasehold interest or from refinancing the project. The City will receive 16% of the net tenant rental revenue, 15% of the net sale proceeds, and 8.5% of the net refinancing proceeds. Assuming conservative tenant rents and inflation, participation rent could increase the total amount of the City's income from the property by 35% over the full term of the lease. In 1996, once the proj ect is fully built out and generating income to the developer, the proj ect is estimated to generate $870,000 annually in participation rent to the City. The Ground Lease also, among other things, requires certain guarantees to ensure construction of the project and the payment of rent and provides processes to remedy or cure defaults. DISPOSITION AND DEVELOPMENT AGREEMENT The Disposition and Development Agreement (DDA) contains the all of the provision regulating the transfer of the property to Reliance Development Group. (See Attachment J: Disposition and Development Agreement.) The DDA mandates the timing each phase is to be conveyed to Reliance and delineates the area of the phases to be leased. The ODA also describes the improvements to be constructed on each phase. All phases are to be leased in accordance with the DDA and each phase must comply with the terms of the DDA, Development Agreement, and Ground Lease. The DDA: 1. allows for small shifts in the boundary lines between Phases as long as they do not materially alter the amount of land being conveyed at one time; 2. allows Reliance to accelerate the take down of each phase as long as the prior phase has been completed, all guarantees are in place, and the property is taken subj ect to any unexpired leases the City may have on that portion of the property: 3. permits the City to use the residual land property until it is leased for development as long as the City's use does not prevent the City from conveying the property to Reliance on schedule. However, the City must consider Reliance'S request to modify or avoid a use if the use could have a material - 22 - adverse effect on Reliance's proJect but the city may screen potentially adverse uses from view rather than avoid or modify the use; 4. requires completion of all buildings, traffic improvements, infrastructure, mitigations measures, and landscaping and common area improvements required for each phase; 5. requires that Reliance execute the Ground Lease, CC & Rs, and any guarantees for each Phase prior to taking possession of the phase; 6. allows for the increase in guaranteed base rent if more space in each building is rented than was originally anticipated; 7. contains prov~s~ons related to title reports and title insurance; 8. requires that the construction of buildings in Phases 2 and 3 commence within 13 years of execution of the DDA and that any construction, once it is started, be completed within 30 months; 9. defines the level of quality of construction of the buildings in the project; 10. requires an employment service that targets qualified local area residents and provides employment opportunities for them at the project; 11. provides for the cleanup of toxic substances if they are found on the parcel. If toxic clean up exceeds $1,000,000 for each of the first and second Phases, and $1.5 million for third phase, the city may terminate all agreements and stop the project. The project may continue if Reliance pays for all toxic clean up costs over the city's limits; 12. provides for the City to borrow up to $5 million from Reliance at 9% interest for any purpose it chooses. The loan can be paid back from ground rent paid to the City but in no case will the payment need to exceed 50% of the City's rent in anyone year; and 13. requires Reliance to guarantee completion of construction once it is begun and guarantee five years of base rent for each phase until construction of all improvements in that phase is complete, 1 year of base rent until the buildings are at least 80% leased, and 6 months thereafter for the term of the Ground Lease. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS The Declaration of Covenants 1 (CC&Rs): Conditions and Restrictions - 23 - 1. describes and defines the separate real property interests associated with the project: 2. establishes the common area plan to coordinate and integrate the phased development: 3. establishes and egress, access, utilities: creates reciprocal easements circulation, maintenance, for ingress, passage, and 4. provides for the creation of a non-profit association to budget, assess, and collect assessments from project owners to pay taxes and insurance attributable to the common areas; 5. delineates the responsibilities of the association for oper~tion, maintenance, repair, easements, streets, drives, lights, the water feature and landscaping, and all other shared improvements; 6. requires that all private and common area improvements be maintained in good and clean order and condition consistent with the standards provided in the Ground Lease: 7. requires all parties to make all necessary and appropriate capital and operating repairs within reasonable periods of time: 8. allows each parking structure to be owned by a separate entity but requires that all structures be managed and operated by the association; and 9. regulates subsequent construction activity in the project once it is initally complete so this activity does not interfere with other project owners and with the use of the common areas. The CC & Rs also permit the City, after the Ground Lease expires on a portion of the property, to relocate easements, to connect new improvements constructed by the City to the remaining existing proj ect 's common areas, to use the remaining existing common areas if the city share in the cost to maintain those areas, and vice versa. (See Attachment K: Declaration of Covenants, Conditions, and Restrictions.) ~UNICIPAL conE AND GENERAL PLAN CONFORMANCE The project is proposed to be approved by adoption of a development agreement because development of the proj ect will occur in a number of phases over an extended period of time. The development agreement will provide a consistent set of land use and development standards for the entire period of project - 24 - development and a program of mitigation measures and other developer obligations to help minimize impacts. Sections 9800-9820 of the Municipal Code establish procedures for adopting development agreements. To approve a development agreement, the city Council must determ:Lne that the proposed development agreement "is consistent with the General Plan and any applicable specific Plan. II However, development standards such as density, maximum height or permitted uses contained in a development agreement may vary from those established in the zoning district by Code. As the General Plan Compliance Table contained in Attachment L indicates, the revised project is in conformity with the General Plan and proposed General Plan Amendment as contained in Attachment M: General Plan Amendment. with approval of the proposed General Plan Amendment as discussed below, the project will be compatible with the allowable intensity of development, land uses, heights, setbacks and other development standards established for the Airport residual land parcel. GENERAL PLAN AMENDMENT The Land Use Element of the General Plan does not address the project site in great detail. As part of the project approval process, a General Plan Amendment is proposed that will refine and add language to the City's Land Use Element that incorporates the goal, objectives, and development standards approved by the City in the RFP for the project. The major purpose of the proposed General Plan Amendment is to add a new land use district which will be called the Airport Commercial District. The proposed General Plan Amendment is provided as Attachment M: General Plan Amendment. The new Airport Commercial District would allow development of a "well-landscaped, campus-like environment to include such uses as studio and support facilities, hotel, restaurant, research and development offices, laboratories, light manufacturing facilities, general offices, small business incubator facilities, child care facilities, support retail services, and other uses compatible with these (and surrounding) uses." It should be made clear that not all of these uses would ultimately be located on the residual land parcel. Uses to be permitted in the project are regulated by the Development Agreement for the project. The new Airport Commercial District encompasses only the Reliance developed land (Phases 1 through 3). The City-retained former t1phase 4" of the project would remain in the current Public Lands District of the City's General Plan. Proposed Land Use Element Objective and Policies Objective 1.14 states that the Airport Commercial District is proposed to t1facilitate transformation of a City-held land asset - 25 - into an innovative aesthetically superior, high quality office and working environment that produces employment, business opportunities and related benefits... II. All development will comply with the Airport Master Agreement executed by the city and Federal Aviation Administration and approved by Resolution No. 6814 (CCS) adopted January 24, 1984. Three new policies are proposed to be added to the Land Use Element. Policy No. 1.14.1 lim1ts building height to a maximum of 84 feet, exclusive of specific features; establishes an allowable intensity of 0.85 F.A.R. for occupied buildings: and provides for an additional F.A.R. of 0.98 to be used exclusively for above-grade parking structures if a comprehensive development plan, such as a development agreement, is approved. (If the no impact project alternative is approved by the City Council, the FAR fo~ occupied buildings can be reduced to 0.75 FAR as recommended by the City Council.) Policy No. 1.14.2 requires uses to be "Airport compatiblell in accordance with the Airport Master Agreement. The Request for Development Proposal for the Airport residual land parcel set parameters for development of the site based on the provisions of the Airport Master Agreement, Land Use and Circulation Elements, and the recommendations of the Planning commission on that RFP. These parameters listed the following as desired uses: research and development offices and laboratories, including support assembly and light manufacturing: general offices; small business incubator facilities and support programs; retail outlets and restaurants intended primarily for the convenience of employees working within the projecti and other uses determined to be compatible with the Airport. Unacceptable uses were defined as those uses that are not compatible with Airport operations or are not consistent with City-wide land use policies, including residential, medical office, specialty and general retail, public assembly, and heavy industrial uses. Policy 1.14.3 requires the provision of a child day care center facility within any development on the Airport Residual Land. The Development Agreement expands on the specific requirements regarding the fulfillment of this requirement. Proposed Urban Design Objective and Policies Objective 3.6 states that the Airport Commercial District is intended to accommodate airport-compatible businesses in a well-landscaped, campus-like environment Which will be compatible with neighboring residential areas. Five new policies are proposed to guide design of the development. Policy 3.6.1 requires that the development include buildings that are arChitecturally superior in design and detailing, sensitive to the scale and character of the area and City, aesthetically harmonious and which provide a campus-like setting with public open spaces. Design of the proposed development conforms to these criteria. Buildings will have large setbacks from property - 26 - lines and are designed around a campus-like theme incorporating large, focal landscaped areas. Policy 3.6.2 encourages the design of building elements and articulation which produce visual interest, especially at the pedestrian level. Several of the proposed buildings feature curved facades defining an interesting geometry to the site design, in addition to tiering and recessing of building facades. The palette of exterior finishes will be approved by the Architectural Review Board to ensure visual interest to the project. Pol icy 3 . 6.3 Agreement and requirements. requires compliance with applicable Federal the Airport Master Aviation Regulation Policy 3.6.4 specifies that public art be incorporated in the Airport commercial District. The proposed site design is particularly well suited to accomplish this in that wide expanses of gardens, water features and usable open space are provided which may easily accommodate art forms such as sculptures, murals, special events and the like. Policy 3.6.5 requires the development of a comprehensive landscaping program which will create park-like open space available to all employees, visitors and the general public, consistent with security considerations. This has been achieved through the design of four, accessible, theme gardens; plazas; a courtyard and water gardens with bridge and fountain features. BUDGET/FINANCIAL IMPACT The project will provide economic benefits to the City of Santa Monica resulting from one time fees and charges, annual tax revenues, and annual payments. One Time Fees and Charges Santa Monica Municipal Code section 9046 specifies housing and parks mitigation measures which may be satisfied by payment of a one-time, in-lieu fee to the City. Based on this program, the developer will pay an estimated in-lieu housing/parks mitigation fee of $5,850,000 if the council approves the minimal impact project and $4,738,500 if the Council approves the no impact project alternative. The minimal impact project will generate approximately $243,500 in development impact fees for the Santa Monica/Malibu Unified School District. The no impact project alternative will generate about $197,200. The minimal impact project will generate building permit, planning application, and about $488,700 in engineering fees - 27 - related to processing and approving the development. The no impact project alternative w~ll generate about $396,800. Annual Tax Revenue The minimal impact project will generate a net increase in annual revenue to the City of approximately $1,271,400 (1996 dollars) annually at buildout in possessory interest property taxes, retail sales tax, utility user's tax, business license fees, fines, and forfeitures. The no impact project alternative will generate about $1,030,000 (1996 dollars) annually. Annual Payments The City of Santa Monica will retain ownership of the land on which the project will be constructed. The City will lease the land to the developer for 55 years but the developer may request up to two 10 year extensions of the lease. The developer will pay the city rent for the land based on the number of rentable square feet of floor area to be constructed in each phase. The original project proposed by Reliance Development Group was estimated to generate $29.8 million in guaranteed ground rent revenue to the City in the first 10 year term of the lease. The minimal impact proj ect will generate approximately $27,940,000 in guaranteed ground rent to the City in the first 10 years of the lease. The no impact proj ect alternative are estimated to generate $25,786,000 in guaranteed ground rent in the first 10 years of the lease. The annual base rent will escalate every 5 years to keep pace with inflation so annual guaranteed ground rent will increase as the project matures. In addition to guaranteed ground rent, the City will receive rent based on a percentage of the net annual revenue paid to the developer by the project tenants and of the net profits from any sale of the leasehold interest or refinancing of loans. As tenants' lease rates increase, the city's ground rent from participation in the project revenue will also increase. As a result, the annual guaranteed and participation rent payments to the City (in actual dollars) from the minimal impact project is estimated to equal: $ 1,160,000 in the second year of the lease increasing to $ 5,142,000 per year in year 11 increasing up to $ 8,l34,OOO per year in year 21 increasing up to $12,564,000 per year in year 31 increasing up to $54,278,000 per year in year 56 increasing up to $116,239,000 in the last year of the lease (75th year) Total revenue to the City in guaranteed and participation ground rent (in actual dollars) for the minimal impact project is estimated at: - 28 - $ 27,940,000 in the first 10 years $ 102,891,000 in the first 20 years $ 744,113,000 in the first 55 years $2,377,040,000 in the full 75 year term of the lease For the no impact project alternative, the annual guaranteed and participation ground rent payments to the City (in actual dollars) is estimated to equal: $ 1/160,000 in the second year of the lease increasing to $ 4,393,000 per year in year 11 increasing up to $ 6,947,000 per year in year 21 increasing up to $10/726,000 per year in year 31 increasing up to $46,322,000 per year in year 56 increasing up to $99,191,000 in the last year of the lease (75th year) Total revenue to theCity in guaranteed and participation ground rent (in actual dollars) for the no impact project alternative is estimated at: $ 25,786,000 in the first 10 years $ 88,400,000 in the first 20 years $ 635,734,000 in the first 5S years $2,029,222,000 in the full 75 year term of the lease (See Attachment N: Comparison of Ground Rent Revenue.) PLANNING COMMISSION ACTIONS AND RECOMMENDATIONS The City Planning Commission held a public hearing on the proposed project on September 13, 1989 at which 65 people spoke about the project (40 in opposition, 20 in support, and 5 neutral). The Commission continued the meeting to september 14th in order to ask questions of the developer and City staff. (Only five Planning commissioners were present at the public hearing and subsequent deliberation and recommendation meetings. Commissioner Rosenstein was asked by the City council to not participate in the process and Commissioner Kaufman had a conflict of interest.) The Commission continued the september 14th meeting to September 21st. On September 21st, the Planning Commission met to consider the proposed proj ect and to approve a recommendations to the city Council on certifying the Final EIR, approving General Plan Amendment Number 11, and approving the draft Development Agreement for the project. The Planning commission discussed a broad range of topics during its deliberation of the project. Individual Commissioners: 1. questioned the validity of using the newest ITE Manual for trip generation rates (4th Edition) versus an older version of the manual to determine the number of trips generated by the project, - 29 - 2. questioned the accuracy of the traffic data contained in the FEIR when the average daily tr1ps identified for the Airport in the " cumulative pro] ects 1 ist II in an ErR for another project was larger than the da1ly trip figure contained in the EIR specifically prepared for the Airport project, 3. questioned the finding that the project would not generate significant traffic impacts in Sunset Park, 4. questioned the amount of revenue estimated to be generated by the project, 5. disagreed with the use of an inflexible development agreement that did not allow the City to change its mind on the appropriateness of development on the parcel, 6. felt that the Commission should place greater consideration on the fiscal analysis since the revenue was the primary reason to proceed with the proposed project, and 7. felt that the public should vote on the project since it committed public land to a single use for a long period of time. commissioner Mechur suggested that the following conditions be forwarded to the City Council which recommended conditions of approval for the project: 1. Require that a Neighborhood Protection Plan be approved for Sunset Park within one year after issuance of the Certificate of Occupancy for the first building in the project. list of contained 2. Require that a portion of the arts fee from the project (25%) be directed to art programs in the city's schools and to school beautification. 3. Require that a portion of the project (up to 10%) revenue be used for Sunset Park neighborhood improvements such as street and alley paving, street tree planting, adding bike paths, utility undergrounding, park upkeep and refurbishment, construction of a new park building at the Clover Park extension, street improvements to discourage cut-through traffic, affordable housing, street lighting where requested, sidewalk repairs, and increasing police patrols. 4. Require that 1% of the annual proj ect revenue not to exceed $100,000 per year be placed in an Airport Trust Fund to be used to study reuse options for the Airport property if the City decides to close the Airport in the year 2015. (Note: The City cannot assume it can close the Airport in 2015. That date is when the City's current agreement with the FAA expires.} - 30 - 5. Require that a portion of the revenue be used for special programs in Sunset Park schools. 6. Require that 50% of the Hous1ng Mitigation Fee be used for affordable hous1ng 1n Sunset Park. 7. Require that the TDM program include the purchase of vans for vanpools and that the TDM program implement changes in work shifts if the TDM trip reduction goal is not met. 8. Require that showers and bicycle lockers be provided to encourage employees to ride bikes to work. The Planning commission made a number of motions at its September 21st meeting. Commissioner Mechur moved and Commissioner Pyne seconded the motion to certify the EIR. Commissioners Farivar stated that there were discrepencies with other EIRs and was not convinced that the EIR consultants used appropriate methodologies to analyze traffic impacts. commissioner Lambert stated that she had reservations about the EIR, that she understood that experts often disagree as to methodology and assumptions but didn't believe any of the experts, and felt that EIRs contradict her personnal experience in certain instinces. Chairmember Nelson stated that the ErR on the project was one of the most comprehensive he has read which, sentiment was reiterated by Commissioner Pyne. The Planning Commission approved the motion to recommend certification of the Final EIR by a vote of 4 yes and 1 no (Farivar). Commissioner Pyne moved and Chairperson Nelson seconded the motion to approve the no impact project Alternative 3C [Three Phase -- Reduced Density or 822,000 square feet (873,000 gross square feet)] subj ect to conditions of approval related to the use of project revenue listed by Commissioner Mechur. Commissioner Mechur stated that he could not support the no impact Alternative 3c and made a substitute motion to recommend approval of a 4 story project built in three phases or a 6 story project built in two phases containing 750,000 square feet with his recommended list of uses for the project revenue. The substitute motion died for lack of a second. Commissioner Farivar made another substitute motion to recommend that the City Council reduce the size of the no impact Al ternative 3C by 20%, that the City Council hire an outside expert to analyze the financial deal, and that the project be placed on the ballot because the 75 year lease term exceeded the City Council police powers and because future City Council's should be able to influence the future scope of the development. The substitute motion was seconded by Commissioner Mechur. The substitute motion failed 1 yes (Farivar) and 4 no. - 31 - Commissioner Nelson withdrew his second from the main motion stating that he wanted to facilitate a vote on a motion that could gain the support of at least four Cott~issioners. The main motion was removed from considerat~on. Commissioner pyne moved to recommend approval of an 800,000 square foot project with Commissioner Mechur1s list of recommended uses for the revenue and recommended that the City Council conduct an independent evaluation of the business deal. The motion died for lack of a second. commissioner Mechur moved and Chairperson Nelson seconded the motion to recommend approval of a no impact project of 750,000 gross square feet to be developed in two phases and to recommend that the City Council conduct an independent evaluation of the business, deal. Commissioner Farivar asked that the project size range from 600,000 gross square feet to 750,000 gross square feet. Commissioner Mechur and Chairperson Nelson agreed to include this change in the motion. After extended discussion, commissioner Lambert agreed to support the motion to facilitate approval of a Commission recommendation on the project. The motion passed 4 yes, 0 no, 1 abstention (pyne). Commissioner Farivar moved to recommend that the City council seriously consider placing the the Planning commission- recommended project on the ballot along with other alternatives for a vote of the residents. Seconded by Commissioner Mechur, the motion failed 3 yes (l1echur, Lambert, Farivar) to 2 no (Nelson, pyne). Chairperson Nelson moved and Commissioner Mechur seconded the motion to recommend approval of General Plan Amendment Number 11 as presented by staff with the FAR permitted for the proj ect reduced to 0.75 FAR. The motion passed unanimously. Chairperson Nelson moved to recommend approval of the Statement of overriding Considerations. Seconded, the motion failed 3 yes, I no (Farivar), 1 abstention (pyne). STAFF RECOMMENDATIONS staff has identified the range of choices for the City council to consider in its deliberations on approval of the development project for the residual land parcel at the Santa Monica Airport. This range was identified based on the findings contained in the Final EIR on the project and on staff I s understanding of the future financial well-being of the City of Santa Monica. The Council may desire to approve the 1,015,000 square foot (1,078,100 gross square feet) proj ect that generates a significant amount of stable new income to the City that is not limited in its use due to the City's Gann limit or other funding restrictions and that results in minimal environmental impacts on the immediate area. A larger project would generate an - 32 - unacceptable increase in the number and severity of impacts on the surrounding area. The Council may desire to approve a project that generates less income to the City but that is consistent with the Planning Commission's recommendation to approve a project with NO SIGNIFICANT IMPACTS. The Final ErR on the project clearly shows that no significant environmental impacts are generated by a project that contains 822,000 square feet (873,000 gross square feet). A project smaller than this level will reduce the project far below the level necessary to eliminate all significant environmental impacts. More importantly, a project smaller than this level will result in a project that is economically infeasible to build given the high quality of the construction and landscape amenities, the amount and scale of on-site infrastructure improvements needed to serve the project, the costs of mitigation, and generous amount of community amenities to be derived from development of this land. The developer is unwilling to build a project smaller than this level without significant new financial concessions from the City. To approve this project, the city Council must certify the EIR; adopt a finding of overriding consideration for potentially unmitigated significant adverse impacts if there are anYi approve a resolution approving General Plan Amendment Number lli approve an ordinance adopting the Development Agreement for the project; and approve resolutions directing the City Manager to negotiate and execute the Ground Lease Agreement, DDA, and CC&Rs consistent the documents attached to this staff report. Approval of the statement of Overriding Considerations for all impacts in the City of Los Angeles is necessary to ensure that the project can move forward if for some reason the City of Los Angeles blocks the developer or the City of Santa Monica from implementing the mitigations called for in the Final EIR and Development Agreement which are all feasible and reasonable improvements. Not approving this Statement permits the City of Los Angeles to make Santa Monica land use decisions more appropriately made by the City Council of the city of Santa Monica and should not be transfered to another jurisdiction. CEQA Recommendations 1. The Planning commission and City staff recommend that the City council certify the Final Environmental Impact Report consisting of Volumes 1, 2, 3, and 4 (SCH #88020320) as complying with the California Environmental Quality Act (cEQA) and the City'S Guidelines for Implementation of CEQA and as adequately analyzing the project. 2. Staff recommends that the city Council adopt the findings of overriding consideration contained in Attachment 0: statement of Overriding Considerations as required by CEQA which finds that the benefits of the project override the potentially unavoidable environmental risks of the project. - 33 - General Plan Amendment Recommendation and Finding 1. Staff recommends that the city Council adopt the General Plan Amendment contained in Attachment M if the Council approved the minimal impact project in that it is required for the public necessity, public convenience and general welfare because it will add comprehensive standards and policies by which to guide development within the Airport Residual Property which will be compatible with the Airport Master Agreement while meeting the City's goal to transform an underutilized public land asset into an innovative, aesthetically superior, high quality working environment that produces significant new revenue, employment, business opportunity and related benefits for project site users and the City in general. 2. If the City council approves the no impact project alternative, staff recommends that the City Council modify the General Plan Amendment contained in Attachment M to reduce the permitted FAR for occupied buildings to 0.75 FAR which reflects the Planning Commission's recommended modifications to the Amendment and which will accommodate the no impact project building area. Development Agreement Recommendations and Findings 1. staff recommends that the city Council approve the attached ordinance (Attachment G) adopting the Development Agreement as contained in Attachment G if the city Council approves the minimal impact project (Alternative 3A). 2. If the City Council approves the no impact project alternatives, staff recommends that the City council adopt the attached ordinance (Attachment G) adopting the Development Agreement with the modifications contained in Attachment H and with the finding contained in Attachment p: Findings for Approval of Development Agreement for the Airport Residual Land Development Project. Ground Lease Agreement Recommendation staff recommends that the City Council approve the attached resolution (Attachment I) authorizing the City Manager to negotiate and execute the Ground Lease between the city of Santa Monica and Reliance Development Group consistent with the document contained in Attachment I. Disposition and Development Agreement staff recommends that the City Council approve the attached resolution (Attachment J) authorizing the City Manager to negotiate and execute the Disposition and Development Agreement (DDA) between the City of Santa Monica and Reliance Development Group DDA consistent with the document contained in Attachment J. Declaration of Covenants, Conditions, and Restrictions - 34 - staff recommends that the City Council approve the attached resolution (Attachment K) authorizing the city Manager to negotiate and execute the the Declaration of covenants, Conditions, and Restrictions (CC & Rs) between the City of Santa Monica and Reliance Development Group (CC & Rs) consistent with the document contained in Attachment K. Phase 4 Community Planning Process staff recommends that the City Council direct City staff to commence a community planning process to: 1. Determine the specific uses to be located on the surplus portion of the residual land parcel, 2. Determine the desireability of retaining the "Barker Hanger" located on City-retained land in "phase 4" of the residual land parcel and, if retained, determine the appropriate use or reuse of the building, including retaining the present use of the building for Airport-related and Airport-compatible uses. 3. Determine the peak hour vehicular trips generated by the uses to be include on this portion of the parcel, 4. Adjust the Reliance development proj ect accordingly within the bounds recommended in this staff report. Prepared by: Peggy Curran, Director community and Economic Development Department Paul Berlant, Director of Planning City Planning Division Christopher S. Rudd, Sr. Administrative Analyst Economic Development Division Suzanne Frick, Principal Planner City Planning Division Johanna Marie GUlliCk, Associate Planner EIR Case Planner City Planning Division Attachments: A. Project Site Plans B. Parking Comparison Charts C. Final Environmental Impact Report (Volume 4) - 35 - D. Summary of EIR Trafflc Analysis, Comments on the Analysis, and Responses to Comments E. Intersection Impact Tables F. summary of Impacts of project Alternatives G. Development Agreement and Summary of Agreement H. Recommended Modifications to Development Agreement I. Lease Agreement J. Disposition and Development Agreement K. Declaration of Covenants, Conditions, and Restrictions. L. General Plan Compliance Table M. General Plan Amendmant N. Comparison of Ground Rent Income o. statement of Overriding considerations P. Findings for Approval of Development Agreement w/air2cc september 28, 1989 - 36 - t..."f. A 0-- . i.. i__i F.... _""_ Pre.. i df" It t. '0'1'~ ./ ~1-,rfTl~r'l vice Prc'ildent. IrDr-e 1... Recording secretary: Jafl 7.:irncac: Corresponding Secretar)" t.-J'lr"',..; Sip ("" TU:ilsu ,et: t-.11<lr:V Sfel'" Directors' J~. ~ 0 !v..I-:::-p .ja~" Bc:'ke- (:;:)'-(1: pre;~.,.'e.se"- Lv1a B~~-....~.e'ser E~ c. t. i~~rl J~f""1c.c: r'!.'.)~ .~Irg E.,,..::::;I;....I r"r.-:.;r"'v::r r: I~ I.... 'I.. kerc:"', ~_I",=::: r_;r....t::'5 ':;;::Irl/ I .I~~"'" J e-" .~"") ~:.. ~.- 0;:: Hpr:~. .(n.z t!""~:-J !"~~~z. J....I~r> j.o:.~'Jf;'-"~r. i-la..'~'a j ~t:: r.., EI ~ K""C~fr't'lur<l B- an C',zcu"lal' Je~''''r.p. f"1:1';,."19 rv1'::;;'--:FHPf PI-k-:!-, CllPccd t1;:::pd GI'l'jvs rj"o,j C~"'d q,.,p~. ~~-'... S~~'si~g JIT S~lwl"aha'" Er:: 5.0<; AI'rp 5;-1111"- S~"2~rpP ')Ir::ttc. '!j~'.21' Z=1.......'"'~O::: SPAN Sunset Park Associated Neighbors 1 ')'jR C),I" "'treet · ~anta Motllca California 90405 <lei _.-J ~"'_ ... ........~., ~,A"",~. v""..-'-+--IAA/..,..44A..AA.- ,..u......~\.....Jl'L~v-..-..........~(.'-...........J.-1.-~~...,A........).,_JJ...t-I..... ..... ~;.../l.-"'..{. October 2, 1989 i I .. I ISanta Mon1ca C1ty Counc11 1685 Main street Santa Monica, CA 90401 Airport Residual Land Project :Re: t I !Dear Council Members: I IAS you are all aware our organization has been actively involved in the public process for I developments in and around our neighborhood for the past six years. This involvement has been !multilevel: individual members, committees and I the Board of Directors. Our members have been [particularly concerned about this project. A I great deal of time and effort has gone into our I participation. ; i The Board of Directors of S.P.A.N., in Iresponse to concerns of our members, has adopted a ;1 position in opposition of the above referenced proj ect. We remain opposed for a variety of Ireasons which adversely effect our quality of Ilife, individually and collectively. i ! Neighborhood Traffic Protection. For the [past few years, S.P.A.N. has insisted that the itraffic problems in our area were becoming I'intolerable. The added traffic from this project, as well as other projects planned for this area, :will only acerbate these conditions. We feel Ithat the residential character of the neighborhood must be not only protected, but enhanced. Thus Ifar, there has been a lot of talk and excitement :on the topic of neighborhood traffic protections, !but nothing concrete. certainly, a comprehensive :p~ogram acceptable to the majority of the :community is some time off. Therefore, S.P.A.N. ;will be opposed to the issuance of any building ,permits unless and until the Neighborhood Traffic Protection program is agreed upon and implemented in Sunset Park. Allocation of Lease Payments.. The city has not shown a great degree of foresight in the spending of its income. Instead of investing in infrastructure, we have seen social programs. This has lead to the sad condition that new development is used to fund infrastructure improvements and as older infrastructure improvements need replacing, the city needs to approve new proj ects to generate the revenue to pay for such improvements. S.P.A.N. recognizes that infrastructure improvements are needed, but we remain dubious as to the advisability of relying on new development to fund such improvements. Nonetheless this is the system that is currently in place. since the proposed project is located in our neighborhood and we will receive the brunt of any impacts, we feel that it is imperative that lease income from the project be first allocated to infrastructure improvements in Sunset Park. Residents have a hard time understanding why they have to pay for these improvements out of their own pockets while suffering under the impacts of very substantial existing residentially incompatible land uses. Additionally, S.P.A.N. is very concerned that public assets in our area, especially the parks, not be withdrawn from resident's use because of neglect. Parks need care and guarding or they will become unusable for the residents, like the parks and promenade in the downtown area. Promises that were made by the city at the time of the Clover Park expansion have yet to be funded. Each day the concern increases that these assets will be overrun and area residents only be able to use them at their own, substantial risk. We need only look to the recent attack on a lifeguard at Santa Monica beach to illustrate our concerns. If and only if these concerns are addressed and solved would S. P.A.N. be willing to consider the project at the Planning Commission's recommended scale. Sinc"ely yours, /!;/(/ ~ /" /~> \. h ~ . /'" I The/Board of Dlrector Sunset Park Associated Neighbors SRLT?BURG pqy BEPG~q~ TEL 1-2~3-473-3629 ~ '" A - Approved B - Built D - Defeated P - Pending No. Na.lne/Location };.and Use 1 1500 Appian Way Aquarium 2 730 Arizona Office Retail 3 Office Retail 100 Broadway 4 309 Broadway Retail Office Apartment Theatre 5 Retail Off ice '?A:206 SF 920 Broadway 6 Colorado Place. (Phase II) Theatra 7 Water Garden 2425 Olympic Office/Bank Medical Office Retail Re.staurant High Quality Health club Day Care 8 Santa Monica Beach Hotel 9 2233 Pico Blvd. Retail 10 2301 pico Blvd. Retail 11 pi co at Cloverfield Retail Dc: O~.89 17"20 No 005 p.02 July 21, 1989 Size 64,000 SF 17,624 2,739 SF SF A&B 72,105 24,859 SF SF 14,300 SF 57,000 SF 32 D.U. tS,800 SF A 21,538 SF A 44 D. U. 38)~~ SF 2,000 Seat l,137J577 SF 75,000 SF 40,000 SF 5Q,000 SF A 25,000 SF 7,000 SF 194 Rl1 63,000 SF D 54,391 SF P 62,770 SF SRLTZBUPG PRY BERGMQ~ T~L' 1-213-473-3689 Oct 03,89 17.20 No 005 P 03 12 Airport Expansion 13 1201 Santa Monica Atrium 1,200 SF A Mall (3rd st. Retail 6,007 SF Promenade) Office 24,700 SF Restaurant High Turnover 4,372 SF 14 1300 Santa Monica Theatre 4,970 Screens 15 Kramer Motors Car Dealership 4,372 SF 16 st. John's Hospital Parking Expansion 270 Spaces 17 Colorado Place Motel 270,283 SF A (Phase II) Office/Bank 672:,215 SF Medical Office 35,000 SF Health Club 37,048 SF Retail 10,000 SF Restaurant 25,000 SF High Quality 18 Greenwood II & III Office 212,000 SF 1'-. 19 1260 Lincoln Blvd. Office 34,88B SF 20 Edge-mar Farns Office 81000 SF A&B Retail 18,000 SF 21 3105 Main street Retail 7,28~ SF A Hotel 62,967 SF 22 1700 Ocean Avenue Hotel 349 RM 1o.&B 292,000 SF 23 1733 Ocean Avenue Office 60,000 SF A Retail 28,000 SF Restaurant 10,000 SF High Turnover 24 1746 Ocean Avenue Hotel 186 R.~ SPLTZBURG PRY BEPGMR~ TEL. 1-213-473-3689 Oct 03.?9 17 20 ~c O~5 P 04 25 1828 Ocean Avenue Retail 45,990 SF Restaurant 16,000 SF High Quality Office 10,600 SF 26 GTE Building Office 163,938 SF A&B 27 Parks ide Medical Medical Office. 28,000 SF A&B 2:8 Confort Inn Motel 66 R..VJ: D 29 Mira~ar Sheraton Expansion 270 Spaces Parking Structure 30 1438 2nd street Youth Hostel 200 Bods A 31 Unity By The Sea Church 8,294 SF P Retail 4,068 SF Office 21,283 SF 32 Parking Structure #5 Expansion 332 Spaces 33 Community services Office 23,300 SF A 34 4th street Hotel Hotel 140,000 SF A 1723 255 R!1 Retail 13,200 SF Office 26,400 SF 35 1636 5th stre.e.t Office 11,700 SF ASB 36 YMCA Addition Health Club 31,000 SF A&3 37 1245 16th street Medical Office 60,000 SF A&B 38 1452 16th street Office 23,934 SF A&B 39 St. John's Hospital Parking Expansion 277 Spaces SRLTZBURG PRY BEPG~RN TEL 1-213-47~-2689 Oct 03.89 17 20 ~o 005 P.05 8d:r'4~~~m/7 40#4/ 6'/;: Name/Looation ~~~ Q~~ ~ A 2320-2550 Broadway Colorado Place II Office 450,OOOSF A 1406 Montana Retail 17,624 SF Retail 11,250 SF Restaurant 1,600 SF Retail 3,011 SF Retail 4,991 SF Retail 9,736 SF Restaurant 5,170 SF ~Qt'ill ilr 2.1, ~e f!!f -Offiac J,660 31' ..A.-:,: ~. ~t ll~ "::--~:. :;~ I ;:::~ cr A 1310 Montana A 1101 Montana A 1610 Broadway A 525 Broadway A 1721 Broad~ay ~ -9~e Brlilaal,re:y J"11..!It CalRp19t:ge A 1301 Broadway Retail 4,280 SF A 2425 Olympic Medical Office 75,000 SF A Santa Monica Blvd. Hotel 194 RM 1 pica 120,016SF --P<w .~1~~""1"1 Dl "S. -Rotai 1:- 5-4, ~9-1 SF ....oi!l..e -^~.(:~ ............ -- - - - - ...,. A 1447 Cloverfield Office/ 2,000 SF Restaurant 34,000 SF A 2526 Pico Re.staurant 3,763 SF A 1300 Third street Theatre 45,000 SF ProMenade SRLTZ5UPG RAY BEPGMq~ TEL 1-~13-473-3629 A 1313 Third street Promenade 1256-1260 3rd street Promenade A *" U8:::.-- r _... 1'~VH.L,",.... ............. .., , 1.-,......,.", ... :;~4.1 1. i...i:l ~y=- ~~~~~~-~~~~~~~~~~ A 1790 Santa Monica A 1801 Santa Monica A 1919 Santa Monica A 1932 Santa Monica Part. A 3007 Santa Monica A 2601 Wilshire A 1340 Lincoln A 2809 Lincoln A 2207 Lincoln Oct 03,89 27"20 No 005 p 05 Theatre Office "Atri~\ 2~tilil .off iQ@- _RQ~ 1-;." \- ~ Rot TT.!~"" fTI" "Y".,.........., rr-.,... .........";:J.. - ---. r__ . --- Auto Sales Auto service Office Rotail Hotel Hotel Retail Restaurant Retail/Fast Food Restaurant A 1301 Santa Monica Blvd. Retail A 711 Olympic A 1447-1453 Ocean A Industrial Hotel 3134 Santa Monica Blvd. Retail 32,391 SF 22,500 SF l,:JOO aF ~/ eo)' 3F - ~ --,..,,, -.,-, ."''t, fVV ...,...- -4,31" 3F 34,050 SF 52,875 SF 41,240 SF 56,000 SF 30,000 SF 68 Roo~s 2,342 SF 2,341 SF 28,700 SF 1,629 SF 3,500 SF 40,000 SF 70,570 SF 2,500 SF SRLT2BUPG ppy B~PGMPN TEL" 1-213-473-3629 Oct 03.29 17 20 No 005 P 07 A 2336 Santa Monica Blvd Office 28,000 SF A 1535-1537 Ocean Restaurant 14,900 SF A 1250 4th Street Office 73,795 SF Retail 20,320 SF A 1407-13 5th Street Office 25,794 SF Retail 2,615 SF A 1721 22nd street Industrial 18, 100 SF Office 18,900 SF A 1655-70 20th Office 42,000 SF A Business Pa):");: Office 85,000 SF Expansion Health 20,000 SF Ocean Park Blvd. Club A&B 3440 Ocean Park Restaurant 5,419 SF Blvd. {dIU ~e1M/ -t 6~(j/ o&; ~~2,q Legend: A "" Approved ?-o ~ 0 ;:: Defeated B ;; Built p "'" Pending c:\60'::'O\stuff .. .{:... _oPrecision _~ ~... I'-esearch Jennifer L Polhemus, M.A. 252 I Tlmn ,-ecund Street. Santa MOnIca, Cahfoffila 90405-3102 (213) 399-1441 TO: SANTA MONICA CITY COUNCIL RE: FINANCIAL IMPACT OF RELIANCE PROPOSAL FOR AIRPORT RESIDUAL LAND DATE: OCTOBER 3, 1989 I. The projected revenue benefits from this project must be reduced by the additlonal costs that the City will incur. Estimated Amount A. C1ty'S 50% share of traffic mitlgation costs over $1.8 million (3a) or $1.6 million (3c) (such costs should 1nclude improvements to Airport Ave. and 23rd Street for SHe traffic) $ B. Cost of resolving rlght-of-way disputes with eX1st1ng Airport lessees (C&K Aviation and possibly others) $ C. Cost of remedy for tOX1C subsoil (limited to $3.5 million per DDA; then City has option to stop the ProJect) $ D. Cost of resolving the Barker Hangar matter (not relevant under Alternative 3c) $ E. Cost of litigating/resolving potent1al City of Los Angeles disputes regarding traffic and mltigations $ F. Cost of litigating/resolving lawsuits re- gardlng the parkland lssue (regardless of City's opinion on merit of suit) $ G. Cost to City's hous1ng stock not covered by .1.nadequate "in-lieu hous.1.ng and parks mit- 19at.1.0n fee" (See p. 4 of this memo) $ H. Other costs, not covered above, that Staff may .1.dentify pursuant to Clty Council request $ I. Total Additional Costs $ Page 2 Memo to City Council 10/3/89 II. The expected revenue benefits have not been adequately projected. A. Revenue should be analyzed in terms of present value (1989 dollars). In Attachment N to the Staff Report, the "NPV $" sections are the most relevant. B. C1ty Staff has refused to provide the assumptions used to project future revenue. 1. ProJections of the C1ty'S partic1pation in net income and refinancing proceeds are completely dependent upon assumpt10ns regarding occupancy, lease rates, and Reliance's expenses. The City Staff will not provide details regarding these assumptions or projections to the pub11c. 2. Pro formas in an earl1er Staff Report assume occupancy of 50% 1n the f1rst year of each phase, and 95% in every year thereafter. This is obviously over- opt1m~st1c. C. Future revenue prO]ect1ons have been provided only for d1screte per10ds of 5, 10, 20, 55, and 75 years. The va11d1ty of the proJect~ons cannot be evaluated without annual figures or, at the very least, a list of assump- t10ns used. D. An ~ndependent financ1al/economic consultant should be reta1ned to analyze the proposal and revenue projections. The projections require knowledge and experience that is beyond that of the City Staff. A consultant was used earlier to evaluate lease offers made by the three fina11sts. However, Re11ance's offer has been rev1sed substantially since that p01nt, and a new analysis should be performed by a new, qua11fled, independent consultant. III. A compelling need for addit10nal City revenues, beyond those that w~ll occur wlthout thlS proJect, has not been demonstrated. A. The Staff has not prepared a well-reasoned analysis of future budgetary needs, and the alternatlve methods of meeting those needs. The Plann1ng Commission requested such a report, and on September 19, 1989 (after the publlC hearlng) the Staff prepared an over-broad memo on the subject. Page 3 Memo to City Council 10/3/89 B. My crlticisms of the memo: 1. It adds up projected capital costs, $63-$82 million, without providing a tlmel1ne as to when they would be lncurred. ThlS impl1es that they are all immediate needs to be funded. 2. Some items on the llSt will probably be financed by bonds, and therefore do not belong on the llSt (e.g., Maln Library Expanslon $10-$12 mlll1on, New Police Fac11lty $12-$15 mill1on). 3. The Pier Parking Structure ($11 mlllion) will be partlally self-flnanclng. 4. No source references were prov1ded. The memo apparently was prepared to Justify its own concluslon. C. Santa Monica provides a level of services already higher than other cities 1n L.A. County. Our population lS not growlng appreciably. One maJor reason that the eXlsting level of services is stra1ned is due to the rapid commerclal overdevelopment 1n our City, not lDcreased needs of the stable population. D. The Staff has not considered Federal econOffilC conditions, 1ncludlng the very real posslbllity that Federal Govern- ment expenditures on schools, social services, and the infrastructure may increase as military expenditures decrease. IV. The Clty CounCll and the publlC have not been given enough data regardlng the financial benefits offered by this ProJect. A Statement of Overrldlng Considerations is ob- vlously not merited. A. There has been no lndependent, qualified appralsal of the property. B. There has been no lndependent, qualified financial/ economic analysis performed of the proposal. C. The Clty Staff has not provlded detail sufficlent that its work could be crltlcally analyzed. The Staff Report purports to summarize the facts, but actually it mis- states them. Page 4 Memo to City Council 10/3/89 D. Reliance, Staff, and "Santa Monicans for the Airport Endowment" have made false statements to the City Council and the pUblic regarding the revenues from this project. They have all stated that $28 million 1S guaranteed in the first ten years. 1. Attachment N of the Staff Report shows that only $21 million is guaranteed durlng the first 10 years. 2. In present value termsr only $12.4 million is guar- anteed in the flrst 10 years. 3. Peggy Curran testified before the Planning Commis- sion that the present value of revenue (guar. & part.) for the lease term was $60 million. It should be made clear that $60 million is for 75 years, not 55 years. v. The ".l.n-lieu housing m1.tigation fee" of $2.45 million (3a) does not adequately reflect the real cost to the City's hous1ng stock brought about by this proJect. The actual cost 1S over $11 million. A. The housing mitigat10n fee is meant to cover the cost of replac1ng the affordable hous1ng lost as a result of increased housing demand, wh1.ch results from additional off1ce workers seeking hous1ng in Santa Monica. B. The 1982 report "Office Development in Santa Monica: The Municipal Fiscal and Housing Impact," prepared by Hamilton, et. al., (Reliance's consultants on this pro- Ject) explains the theory beh1nd thl.S fee. c. The report also measures the actual housing cost of office development, 1n terms of the number of units the C1ty would have to replace to ma.l.nta1n the status quo. D. Using the average figure stated 1.0 the report of I unit per 4500 square feet, and a current cost estimate of $50,000 per unit, the real cost to the City is $11.3 m1l11.0n. Thl.S assumes the 3a "m1nimal 1mpact" project. E. Although the City Zonlng Code requ1.res a private de- veloper to pay much less than the real cost, only $2.45 ml.ll1.on, the burden should be greater 1n this project where the City is acting as co-developer. F. The "housing mitigatl.on fee" understates the City's actual cost by almost $9 milllon. ATTACHMENT C FINAL ENVIRONMENTAL IMPACT REPORT ON THE AIRPORT RESIDUAL LAND DEVELOPMENT PROJECT VOLUME NUMBER 4 The City Council received Volume 4 of the Final EIR on September 1, 1989, so it is not contained in this report. Copies are available for review at the following locations: 1. Planning and Zoning Division offices, Room 212, 1685 Main Street, Santa Monica 2. City Clerk's office, Room 102, 1685 Main street, Santa Monica 3. Santa Monica Main Library, 1343 6th street, Santa Monica Copies may be purchased for $4 from the Planning and Zoning office, Room 212 in City Hall. Copies of Volume 1, 2, and 3 of the Final EIR are also available for review at the above locations and may be purchased in the Planning and Zoning Office for $4 per volume. air2ccc - 1 - . ATTACHMEN'l' D .. AIRPORT RESIDUAL LAND DEVELOPMENT PROJEC~ SUMMARY OF TRAFFIC ANALYSES CONTAINED IN THE FINAL EIR, COMMENTS ON THE ANALYSES, AND RESPONSES TO COMMENTS INTRODUCTION The purpose of this report is to summarize the traffic analysis prepared for the Final Environmental Impact Report (FEIR) and provide responses to typical questions and comments that have been raised about the analysis. The intent of the report is to centralize all the information regarding traffic from the four volumes of the FEIR and other sources. The report is organized by topic. The beginning of each section describes how the traffic analysis was prepared. Below each description are the questions or comments typically made on that topic and the response to those questions or comments. The material is derived primarily from all four volumes of the FEIR. INTERSECTIONS ANALYZED Area of Analysis The traffic analysis prepared for the Final Environmental Impact Report (FEIR) on the Airport Residual Land Development proj ect studied the potential impacts the project would have on 37 key intersections in the region surrounding the project. These intersections are those most likely to be potentially impacted by the project and are located along those routes most likely to be used by project employees and visitors. In addition to the 33 intersections indicated on the map in Attachment 1, the FEIR also studied the impacts at four intersections in CuI ver ci ty at Walgrove Avenue / Washington Boulevard, Centinela Avenue / Washington Boulevard, Centinela Avenue / Washington Place, and Inglewood Boulevard / Washington Boulevard. The FEIR does not address potential traffic impacts on Lincoln Boulevard and on traffic in venice west of Lincoln. The study area was identified jointly by the Traffic Engineer of the City of Santa Monica and the staff of the City of Los Angeles Department of Transportation who determined that the area encompassing these intersections would be the most likely to be potentially significantly impacted. While other intersections outside of the study area may experience project related traffic impacts, it was determined that these intersections would not be significantly impacted by the project due to the distance to the project, travel patterns, and other factors. - 1 - EXISTING TRAFFIC Existing traffic counts Existing traffic counts used in the FEIR were obtained from the city of Santa Monica's Traffic Division, the Los Angeles Department of Transportation (LADOT), the state of California Department of Transportation (CalTrans). If traffic counts from these sources were more than 6 months old, "existing" levels of traffic were estimated by increasing the traffic data by 2% annually. If traffic counts for an intersection were more than 18 months old, new counts were performed by the FEIR traffic consultant. How were the traffic counts conducted? The traffic counts reflect a typical weekday during the course of the year. Using techniques which are approved by the LADOT and the city of Santa Monica and employed nationally, counts were taken on one day at each location. The LADOT supplied the traffic counts used in the FEIR for the intersection of Bundy/National. Are the Irexistinqn traffic counts too old? The majority of the traffic counts used in this analysis were conducted in 1988. Those that were older were factored upward to reflect the growth that may have occurred in the interim. The growth factors were obtained from the City of Los Angeles Department of Transportation (LADOT). The existing 1988 traffic count information was determined to be adequate by the City Parking and Traffic Engineer. Was traffic from the Santa Monica college Humanities Center, DC-3, and the Museum of Flying included in the existing traffic tables? The Traffic Analysis in the FEIR is intended to represent a "snapshot" taken at the time the EIR was prepared. That "snapshot" was taken at a time before these proj ects became known or were approved. This "snapshot" was presented in the FEIR and included 156 known "cumulative" proj ects as well as a 2% per year growth factor for regional growth and unknown projects. Projects such as the three mentioned fall within this "unknown" factor. It should be noted that several projects have been reduced in size, changed in scope or use, denied approval, or abandoned since the "snapshot" was taken, including the Shurgin project, Water Gardens, Playa Vista, and Admiralty Place. The traffic generated by these proj ects have not been deleted from the traffic analysis just as the traffic from the Santa Monica - 2 - College Humanities Center, Dc-3, and Museum of Flying has not been included. Were the trips generated by Colorado Place Phase 3 undercounted'l Some floor area for colorade Place Phase 3 was inadvertently left off of the cumulative projects list used by the consultants who prepared the EIR. However, a Usensitivitylt analysis was prepared to determine if this exclusion altered the findings of the EIRts traffic study. The analysis found that the V/C ratio was increased at some of the intersections within the study area, but this adjustment did not affect the overall results of the traffic analysis in the FEIR. No additional intersections are significantly impacted by the project with the addition of the Colorado Place Phase 3 traffic to the Cumulative Base forecast. Description of existing conditions The FEIR traffic analysis uses the Critical Movement Analysis (cMA) method to determine the capaci ty of an intersection to carry traffic. This capacity of the intersection depends on such factors as the turning movements in all directions at the intersection, the signal timing, and other characteristics such as the presence of bus stops, truck traffic, pedestrians, etc. Once the capacity is determined, existing traffic counts for the intersection are then used to determine the utilization rate for the intersection which is expressed as the traffic volume to intersection capacity (VIe) ratio. Each VjC ratio also has a Level of Service (LOS) category that best describes the operation of the intersection (IIA"= excellent, "Fit ... failure). Is the critical Movement Analysis appropriate to apply to a project in a hiqh density urban area1 The critical movement analysis method for conducting the intersection capacity analysis was used for all traffic studies for this project. It is an appropriate method for high-density urban areas. It is a commonly used method in the Los Angeles metropolitan area and is the method officially prescribed for use by the City of Los Angeles Department of Transportation for traffic studies in Los Angeles including the downtown area. PROJECTED TRAFFIC AND TRIP DISTRIBUTION The FEIR traffic consultants forecast future traffic conditions in the area, based on two potential sources of future traffic -- specific development projects proposed to be constructed in the area and non-specific sources. Traffic Generated by Cumulative Development in Area - 3 - The consultants for the FEIR traffic analysis assembled a list of 156 projects that were proposed to be constructed in the surrounding 93 square mile subregion utilizing information obtained from the planning departments for the cities of Santa Monica, Los Angeles, and Culver City. The traffic analysis assumed that no existing buildings were demolished to construct these new proj acts, that all proj ects would be constructed by 1997, that none of these projects would be reduced in scope or size, that none of the project developers would be required to reduce the amount of traffic generated by the project, and that none of the projects provided street or intersection improvements to mitigate their impacts. Annual Background Growth in Traffic The consultants for the traffic analysis also assumed that traffic in the subregion would increase by 2% annually. This increase in traffic is intended to account for future projects that will be proposed between the date the FEIR was prepared and 1997 and for general regional increases in the number of trips made by area residents, visitors, and employees. The FEIR uses an unrealistically high estimate of future traffic volumes by using a high annual background traffic growth rate, by including 156 projects in addition to the 2% annual growth rate, by assuming that all 156 projects are constructed and none of these projects mitigate their traffic impacts, and by not considering reductions on development activity in the area due to sewer permit allocation programs in LA and santa Monica and reductions in property development standards. The use of a 2% per year growth factor is not excessive. The inclusion of 156 projects in the cumulative projects list is indicative of the comprehensivness of the traffic impact analysis. The traffic impact analysis uses conservative assumptions in the development of future traffic projections to be sure that traffic growth is not underestimated. The 2% annual growth rate appears low. The LADOT has indicated that traffic growth in the area has increased at about 2% per year. The use of the 2% per year in conjunction with the addition of the traffic generated by the 156 cumulative projects in the area accurately reflects the potential growth in traffic in the area. Why wasn' t traffic generated by Colorado Place Phase 3 and Water Gardens included in the traffio analysis for the Airport project? The traffic forecasts developed in the FEIR does include traffic expected to be generated by the Water Garden and Colorado Place projects. - 4 - ;- Trip distribution To determine potential traffic impacts, the traffic consultants projected in which direction traffic would flow, based on studies done for the City's Land Use and circulation Elements and information received from the LADOT, the 1980 Census, and other studies on population and employment distribution. The FEIR estimates that 48% of the traffic will use the freeways to enter and exit the area and 52% of the project traffic will use surface streets (25% of the total traffic traveling on surface streets to the north, 15% traveling south, 6% traveling east, and 6% traveling west through Sunset Park and Santa Monica. (See Attachment 1.) What trip distribution model was used? Were trips routed to bypass critically congested intersections? The trip distribution and assignment methodology used in the study have been well documented in the FEIR. Figure 4.3-4 of Volume 1 illustrates the general distribution pattern of project-generated traffic. Figures 4.3-5a to 4.3-9b illustrate the projected assignment of project-generated traffic by phase to the specific intersections in the study area. Figures 4. 3-lla and 4.3-llb in volume 1 illustrate the assignment of future CUmulative Base traffic volumes to the specific intersections in the study area. These volumes represent the existing traffic, the effects of regional growth in the area, and the traffic from the 156 cumulative projects in the area. Figures 4.3-12a to 4.3-l7b in Volume 1 illustrate traffic from the cumulative project traffic for each phase and for the two land use alternatives of the project. A careful inspection of these figures would reveal that trips were not routed to avoid congested intersections. A review of the intersection capacity analysis for the Cumulative Base condition and the Cumulative Plus Project condition under various phases and land uses indicates that a number of the intersections in the study area are expected to operate at LOS E or F. The analysis has not minimized the impact of the cumulative traffic or the project traffic on the study area. ESTIMATED PROJECT TRAFFIC Trip Generation Rates To forcast the number of trips to be generated by the project, the consultants for the traffic analysis used the trip generation rates contained in the Institute of Transportation Engineers manual (4th Edition). For the office component of the project, the consultants used the trip generation rate for office projects containing over ~,ooo,ooo square feet. The consultants used the trip generation rates for general retail uses for the retail component of the project. For the restaurant component of the - 5 - project, the consultants used the trip generation rate for sit-down restaurants. The consultant assumed that 80% of the trips generated by the retail component would be by employees and visitors in the project and only 20% of the trips would be generated by patrons who would drive to the project to use just the retail shops. The consultant assumed that 50% of the trips generated by the restaurant and day care components would be by project employees and visitors and that 50% of the trips would be made by patrons and parents not visiting or working on the project. The Coastal Transporation Corridor Specific Plan trip qeneration rates should be used since they better reflect the traffic conditions on the westside of Los Angeles. The traffic analysis included in the FEIR is based on pI anning assumptions, techniques, and base data which are reliable and consistent with all national standards used in the traffic engineering profession. There is no basis to the assertion that the trip generation rates from the Coastal Transportation Corridor Specific Plan (CTC) "better reflect West Los Angeles trip data." The CTC rates are primarily derived from the ITE Trip Generation Manual 3rd Edition. The ITE Trip Generation Manual 3rd Edition, like the 4th Edition, is a document based on data obtained from national averages. There is no evidence that the CTC data is based on empirical data collected specifically from the West Los Angeles area. The 4th Edition is actually based on newer national data and includes a far greater data base including data originally used in the 3rd edition. It is a nationally accepted document and its use has superseded the use of the 3rd Edition in most areas. The 4th Edition also has several advantages over the 3rd Edition. The key advantage is the use of logarithmic formulae to calculate precise trip rates for the actual size of the project. The 3rd Edition presents trip generation rates for less precise ranges of proj ect size. Therefore, the trip generation rate for an office building which is 150,000 sf can be developed rather than using the rate for office building ranging in size from 100,000 sf to 200,000 sf. The trip generation rates used in the EIR to determine the amount of traffie anticipated to be generated by the office component of the development should be based on the formula identified for office buildings under 800,000 square feet rather than on the formual identified for larger office complexes. The method and factors used to develop trip generation estimates for the Airport Residual Land Development proj ect, and each of its phases, was developed in a manner which is totally consistent with the guidelines - 6 - provided in the Institute of Traffic Engineers CITE) Trip Generation Handbook. The handbook suggests that the total area of the project should be used when the buildings are "interrelated or house one tenant". All of the buildings within the proposed project are totally interrelated and have been designed to use a variety of common facilities including parking, internal roadways, recreation and open space, employee-serving retail and service uses, and social gathering areas. Therefore, it is reasonable and accurate to use the total area of the project and the trip generation rate for buildings or projects over 800,000 square feet. The trip generation rate for large buildings or projects is lower than the rate for smaller buildings or projects because they reflect some reduction in external trip generation due to single versus multiple trips made by deliveries, services, repair, etc.; use of on-site facilities for various business-related and non-business functions such as shopping, services and eating; and the tendency for higher auto occupancy rates among employees within larger complexes. All of these factors apply to this project. It should be noted that this discussion of trip generation rates refers only to trips external to the site. The use of the trip generation rate for larger buildings does not imply that these additional trips for deliveries, services, repairs, etc. will not occur. The majority of these trips will occur as pedestrian trips on site or as vehicle trips internal to the site. The specific office uses should be identified to determine the amount of traffic generated by the office component of the project. The description for "general office building" in the ITE Handbook, the category used in the EIR to estimate the amount of traffic generated by the office component of the project, includes a wide variety of potential tenants. The types of office uses included in the "general office" category include professional services, insurance companies, investment brokers, company headquarters, and services for tenants such as a bank or savings and loan, a restaurant or cafeteria, and service retail services. The trip generation rate is, therefore, an average of all of these activities in the proportion which is normally found in a typical general office building or project. The "general office" category does not provide the lowest possible trip generation rate available to use. The lowest rate is for more traditional office uses that do not include the wider range of office uses contained in the ngeneral officen category. - 7 - The ancillary uses permitted in the project will further increase project generated traffic. The Development Agreement does permit "ancillary commercial" uses in the project but recognizes the potential for higher traffic volumes that these uses may generate by: o limiting these uses to those that serve primarily employees and guests of, and visitors to, the project as stated on page 21 of the Development Agreement. o limiting the floor area of these uses to only 30,000 square feet (which is only 2.2%-2.4% of the total floor area). o permitting these uses if the trip generation rate for the specific type of ancillary commercial use is equal to or less than the rate for general office use. o permitting these uses if office floor area is reduced to totally offset any increase in peak hour trips if the trip generation rate for a specific ancillary commercial use exceeds the trip generation rate for general office. The EIR underestimates the traffic projected to be generated by the restaurant component of the project because the ErR assumes that the restaurants will be high-quality, low turnover establishments and because the ErR does not consider the permitted inclusion of fast food and take out restaurants which have high traffic generation rates. The project includes two types of eating establishments -- sit-down restaurants and take out restaurants. The sit-down restaurants are expected to be high-quality, low turnover establishments. One restaurant is planned for Phase 1 of the project near Bundy Drive and the other restaurant is proposed to be included in Phase 3 of the project adjacent to the Orange Grove Garden. The take out restaurants are to be located in the retail building located adjacent to the Hedgerow Garden. These take out restaurants will be included in both phase 1 and Phase 2 of the project and are clearly intended to serve primarily, if not exclusively, proj ect employees and their guests. The assumption that 50% of the patrons of the restaurants will be on-site employees and their guests is a realistic estimate by the EIR traffic engineer, the city of Santa Monica Parking and Traffic Engineer, and the staff of the Los Angeles Department of Transportation (LADOT). The proposed sit-down restaurants are expected to generate 770 daily auto - 8 - trips which is equivalent to 385 auto trips in and 385 out. It is expected that each auto has an average occupancy of 2.5 persons, indicating that a total of 960 people are expected to patronize the restaurant on a daily basis. It is reasonable to expect that 480 patrons per day could be generated from an office project with 5,000 or 6,000 employees. These 480 on-site patrons could be either actual employees or business visitors to one of the offices on site. The visitors could also be discounted since their trip was already considered in the office traffic generation estimate. For the take out restaurants (or for a higher-turnover restaurant) , it is reasonable to expect that a much higher percentage of the patrons eating at these establishments would be on-site employees or their guests. Few, if any, of the patrons of the take out restaurants would be persons who do not have a reason for being on the site. It is very unlikely that a motorist traveling down Bundy Drive will drive into the project, locate a parking space in the closest parking structure, walk to the take out restaurant, and eat lunch. These facilities will not even be readily visible from Bundy Drive to attract the casual motorist. TRAFFIC IMPACTS Definition of ..significant impact" The FEIR uses the following definition for "significant traffic impact" currently approved by both the Cities of Santa Monica and Los Angeles: A project is considered to have a significant traffic impact if the addition of project traffic to an intersection results in an increase of 0.02 or greater in the volume to capacity (VIe) ratio, and the intersection is projected to operate at a level of service of "E" or "F". This definition isolates the amount of traffic generated by the project from that traffic estimated to use the intersection in the future that is generated by other projects and from other sources. It ensures that mitigations required for a project are geared toward reducing or eliminating traffic impacts generated by that project. Specific xntersection Impacts The FEIR found that the developer-proposed project would result in significant traffic impacts at 6 intersection during the morning peak hour and no intersections during the evening peak hour after mitigation measures are implemented. - 9 - The FEIR found that the "Three Phase" project re.commended by city staff would resul t in significant traffic impacts at 3 intersections during the morning peak hour and no intersections during the evening peak hour after mitigation measures are implemented. The traffic consultants found that the traffic impacts at these intersections were put over the threshold to the "significant impact" category by only 75 vehicles per hour traveling through the intersection during the morning peak period. The FEIR found that no intersections would be impacted if the project contained 873,000 square feet of project floor area and up to 124,000 square feet of arts, education, and recreation space (the "Three Phase -- Reduced Density" project alternative). The FEIR found that the street and intersection improvements recommended by the traffic consultants in the FEIR (and which are required by the Development Agreement) will increase the capacity of some intersections to carry traffic beyond that needed only to accommodate project generated traffic. Some intersections will operate better than they would in the future if no project and no project related improvements are made. (This assumes that traffic will increase due to cumulative development projects in the surrounding sub-region and other general increases in traffic and no project related intersection improvements are made.) The data contained in the FEIR indicates that with the original project, 9 intersections would operate better in the future during the morning peak hour (5 better by 1 Level of Service, I by 2 Levels of Service) and 14 intersections would operate better during the evening peak hour (8 better by 1 Level of Service, 6 by 2 Level of Service) after mitigation measures are implemented. (see Attachment 3.) The data contained in the FEIR indicates with the recommended revised project, 9 intersections would operate better in the future during the morning peak hour (3 better by 1 Level of Service, 3 by 2 Levels of Service) and 17 intersections would operate better during the evening peak hour (5 better by 1 Level of Service) after mitigation measure.s are implemented. (See Attachment 4.) Why does the EIR find that the Intersection of centinela/ Palms will not be significantly impacted in the Two Phase Alternative? The criteria for determining a significant traffic impact were developed in conj unction with the city of Los Angeles Department of Transportation. The FEIR indicates that project traffic will significantly impact the intersection of Centinela and Palms before mitigation, but that mitigation measures will reduce the impact to a less than significant level. The fact that an intersection is currently operating at an nEtt or nFtt Level of Service is only one of two criteria used to determine if it is significantly impacted by a project. - 10 - The other relates to the degree to which the project traffic increases the vie ratio. Are the street and intersection improvements consistent with the roadway's classification? Many of the traffic mitigation measures are physical improvements to the street system such as intersection widenings, restriping, etc. However, the capacity that would be added by such improvements would not increase the roadway's capacity beyond that consistent with the roadway's classification - residential, arterial, etc. Does the EIR propose street and intersection improvements that are required to mitigate existing traffic problems? The traffic analysis in the FEIR has been conducted to satisfy the requirements of state and local environmental laws. These laws do not require that the existing traffic problems be mitigated, nor do they require the mitigation of future problems without the addition of project traffic. They do require that the analysis identify measures which mitigate the impacts generated by the project traffic under future conditions with the addition of traffic from cumulative projects in the area. The FEIR has done this. Freeway Impacts The FEIR found that proj ect-generated traffic would contribute from 0.2% to 1.3% of the traffic estimated to use freeway segments in the area in 1997. The highest volume of project - generated traffic (3,260 vehicles per day) is expected to use the Santa Monica Freeway segment between Bundy Drive and the San Diego Freeway. The FEIR found that the project is expected to add a minor amount of traffic to the freeway system so the project will not cause significant freeway traffic impacts. The EIR does not address the impacts the project will have on the freeway system and address potential mitigation of these impacts, and does not consider the effect of freeway congestion on surface street traffic. It is significant to note that if the rate at which traffic is allowed onto the freeways via the ramp meters is not changed, the freeways should not be impacted by any additional traffic in the area including that generated by the project during peak ramp-use hours. However, the existing freeway ramp situation may encourage a spreading of traffic to less congested ramps. The FEIR did not propose changing the ramp metering as a proposed mitigation measure of this project. The traffic expected to be generated by the Airport proj ect represents less than 2 % of the total future - 11 - traffic on the freeways is in the immediate area. The freeway system in the Los Angeles area, of which I-IO and I-40S are a part, is designed to provide for the regional access and circulation needs of the metropolitan area. Therefore, any analysis of existing and future needs for any part of this regional system must be conducted within a regional context. Proposed improvements to any of the elements of this system must be made within this regional context since it could affect the overall system operation. Traffic in Residential Neighborhoods The FEIR anticipates that the great majority of the project generated traffic will use the major arterial streets and secondary highways that provide direct access to freeway on and off ramps and that provide direct routes to and from the area. However, some motorists driving to and from the project may use residential streets in the area. To ensure that the impacts on the major arterials and secondary highways are not understated and that the specific street and intersection improvements are not undersized, the FEIR traffic analysis did not assume that any traffic would use residential streets. If the FEIR assumed that vehicles would turn off of the arterial or secondary highway to use residential streets, the projected amount of traffic using arterials and secondary highways "downstream" would be reduced. This would increase the possibility of underestimating the level of traffic impact on the maj or streets and potentially underestimating the improvements necessary to mitigate the impacts. The amount of traffic diverted into adjacent residential neighborhoods due to the closure of Airport Avenue to through traffic and to the construction of the project is not expected to be great. In 1985, it was estimated that 1,750 vehicles per day used Airport Avenue as a through street to drive between Walgrove Avenue/23rd street and Bundy Drive. Closure of Airport Avenue will divert these trips to other east-west streets in the vicini ty - most I ikely Ocean Park Boulevard, Palms, and Venice Boulevard. These streets provide the most direct access between the intersections of walgrove/23rd and centinela/Bundy. Some traffic generated by the project may use streets in adjacent residential neighborhoods but the amount of traffic lS not expected to be substantial. Few local residential streets in the area provide an attractive alternative route to the main arterials in the area that will serve the project. Through traffic is unlikely to use Dewey Street or Rose Avenue since they require multiple turning movements in order to drive between Walgreove/23rd and Bundy/Centinela. Future traffic congestion in the area may result in some motorists using alternative routes parallel to Centinela Avenue, such as Grandview Boulevard. The proposed project would contribute some traffic to local residential north-south streets, - 12 - but most of the traffic using alternate routes through the neighborhood would be from cumulative growth in the surrounding area. Intersection improvements on Cent inel a/Bundy to be implemented as part of the proposed project will help to improve the traffic flow on centinela and Bundy. This improved traffic flow will help to decrease the potential for the intrusion of traffic into residential neighborhoods attempting to avoid traffic congestion. The FEIR did attempt to quantify the number of project-generated trips that may use local residential streets to drive to or from the project. The FEIR estimates that up to 1 vehicle per minute during the morning and evening peak hours may travel on those residential streets (Pearl Street and Palms Boulevard) providing the most direct access between major arterials or secondary highways. Other, less direct residential streets such as Rose Avenue, 28th street, Stewart street, Barrington Avenue, Inglewood Avenue, and Charnock Avenue would carry between 20 and 30 vehicles per peak hour. How was the impact on neighborhood streets determined? What is the potential impact on small neighborhood streets in L.A. north of Ocean Park Boulevard? The analysis was based on a review of all possible routes through the area, observations of current traffic flow patterns and discussions with traffic engineers from LADOT and Santa Monica. In formulating the project study area, the engineers assessed the potential impact on residential streets in L.A. north of Ocean Park Boulevard as minimal, and this is why streets in this area were not included in the analysis. What impact on adjacent streets will there be from closing of Airport Avenue to through traffic? There is currently very little traffic using Airport Avenue (1750 vehicles per day). Although the exact amount is not known, it is estimated that the majority of this traffic is generated by the activities at the Airport and that very little is through traffic. The SEIR analysis concluded that the portion which is through traffic would be diverted to Ocean Park, Venice and Palms if the proj ect is implemented and Airport Avenue is closed. The volume of traffic expected to be diverted to these streets is expected to be very small. Neighborhood traffic intrusions will be a significant problem. The traffic volumes projected in the FEIR represented the maximum volumes which are expected to divert from the major arterials onto the residential streets. It should be noted that a portion of the project-generated - 13 - traffic using these streets will be residents who are expected to be employees of the proposed project. RECOMMENDED MITIGATION MEASURES Transporation Demand Management Program (TOM) The FEIR found that the proposed project presents an excellent opportunity for implementing a key component to a successful TDM program -- a computerized carpool matching program. The FEIR found that the ability to establish carpools of project employees will be facilitated because the project will likely contain a large number of employees who will work in offices that have similar work schedules. In addition, the developer can retain control over the matching process thus ensuring that all tenant in the project participate in the carpool matching program. The FEIR recommends that a implemented that would provide car and van pool vehicles and drivers be eliminated. parking management technique be preferential parking spaces for that parking subsidies for solo The FEIR recommends measures to increase transit service to the site equal to that available at other typical work sites in Santa Monica. The FEIR suggests such programs as the project developer contributing to the increase in bus service to the site, sponsoring a shuttle bus or van connecting the site to other bus lines in the vicinity, and SUbsidizing the cost of bus tokens. The FEIR estimates that peak hour traffic generated by the development would be reduced by 15% with the implementation of a TDM program. What is the success rate for other TDM programs. A 15% reduction in ~rips appears too high an estimate of possible trip reductions? The TDM programs included in the FEIR have a very broad history of experience in a variety of communities throughout Southern California. Experience in El Segundo with the El Segundo Employers Association, which includes several major employers such as Hughes Aircraft and the Aerospace company, in Irvine with Flour Corporation, in downtown Los Angeles with the Area, and in Pasadena with the Parson Company are all examples of previous programs which have achieved, and in most cases exceeded, the 15% goal identified in the FEIR. The key element of the TDM is a maj or rideshare program which includes both carpooling and vanpooling. These are both tried and proven programs whose feasibility are fairly well documented. Successful TDM programs have reduced traffic generation rates by 10% to 20%. The 15% reduction assumed in the FEIR was determined by the LADDT to be a realistic - 14 - estimate of the potential effectiveness of the TDM program for this project. Aren't TDM plans of~en ineffective in themselves? The City of Los Angeles does recognize the effect of TDM programs and has allowed for reduotions in project traffic of up to 15%. This has been a common practice in most ErR's for major projects where the developer agrees to implement such a program. In addition, the Development Agreement for the project requires the developer to pay a penalty fee if the 15% traffic reduction goal is not met. This fee would be used to supplement the developer's efforts to achieve the reduction goal. Automated Traffic Surveillance and Control system (ATSAC) The FEIR also recommends that the impacted intersections in the City of Los Angeles be connected to the Automated Traffic Surveillance and Control (ATSAC) system currently be installed in several areas of the City of Los Angeles. The system connects traffic signals in an area to a central computer that can adjust and coordinate the timing of the traffic signals in the area to account for various traffic conditions. This ensures that an optimum flow of traffic occurs between signals. According to the LADOT, the ATSAC system increases the capacity of an intersection by 7%. ATSAC should Los Angeles developer of installation. be installed at all intersections in the City of that are impacted by the project and the the project should pay the entire cost of The EIR specifies the use of ATSAC at significantly impacted intersections as one of a number of feasible mitigations. The implementation of mitigation measures that would involve interjurisdictional coordination would be subj eat to future negotiations between the jurisdictions and the developer. The FEIR analysis applies ATSAc mitigation measures to the significantly impacted intersections. Additionally, it does not appear appropriate that the proposed project should pay the full cost of installing ATSAC signalization. The ATSAC program would improve all traffic flow through the intersection, not simply that of the proposed project. stree~ and In~ersec~ion Improvements Finally, the FEIR recommends specific street and intersection improvement that will mitigate traffic impacts. The roadway improvements are intended to increase the capacity of the street system to carry traffic. The specific improvements were developed using the following priority system: - 15 - Priority 1 Priority 2 priority 3 priority 4 Priority 5 Improvements that can be implemented using the existing pavement width. Improvements that require additional pavement width but that can be accomplished within the existing public right-of-way. Improvements that require that additional right-of-way be utilized using Airport property (widening Bundy Drive between Airport Avenue and National Boulevard). Improvements that require that additional riqht-of-way on public property be used but for which no buildings are required to be demolished. Improvements that require that additional right-of-way on private property be obtained but for which no buildings would be required to be demolished. using this priority system, the FEIR consultants identified the most feasible of the street and intersection improvements needed to mitigate project impacts and those improvement what would in themselves have a minimum impact on the area. The FEIR found that these improvements would actually increase the capacity of the intersections at many locations beyond that which is needed to accommodate only project-generated traffic. At many locations, the project-implemented improvements are anticipated to improve the future operating conditions of the intersection to a level that is better than what is proj ected without the project and project-implemented improvements. The Development Agreement for the project requires the developer to pay for approximately the first $2 million in street and intersection improvement costs with both the developer and the city of Santa Monica sharing in all costs over that amount. Will the proposed improvements at several intersections result in substandard lane widths? It is recognized that some of the proposed improvements may require the use of substandard lanes. However, in those areas where substandard lanes are proposed, they are designed to match existing lane widths at that location. Installation of any such lanes within Los Angeles will need to be approved by that jurisdiction which has used them in the past. Costs related to the proposed street and intersection improvements should be paid by the developer of the project. - 16 - The costs of physical street improvements would be the responsibility of the project sponsor and the City of Santa Monica. The developer of the proj ect should pay the LOs Angeles Transportation rmpact Assessment since it is adjacent to the coastal Transportation Corridor Specific Plan area and should thus contribute to the i~provement of the reqional and subregional transportation system. The proposed project is located within the City of Santa Monica and outside of the coastal Corridor Specific Plan area which is located in Los Angeles. The Transportation Impact Assessment fee is not applicable to this project. The traffic mitigation measures constructed or paid for by the proposed project developer would contribute to the subregional transportation system's improvement. Why won't the proposed mitigations improve the existing problems of traffic congestion? As stated previously, the traffic analysis in the FEIR has been conducted to satisfy the requirements of State and local environmental laws. These laws do not require that the existing traffic problems be mitigated, nor do they require the mitigation of future problems without the addition of project traffic. They do require that the analysis identify measures Which mitigate the impacts generated by the proj ect traffic under future conditions with the addition of traffic from cumulative projects in the area. The FEIR has done this. Also, as mentioned previously, the future operation of some intersections will improve with the street and intersection improvements required of the project. Will the traffic on Palms be too heavy for a residential street? The maximum potential project-generated traffic on Palms Boulevard is expected to be 60 vehicles per hour during the peak hour only. During the remainder of the day, the project traffic will be significantly less. It is expected that this volume of traffic would not have a significant impact on this street. Will the street and intersection improvements work? The majority of the mitigation measures proposed for the proj ect are intended to increase the capacity of the roadway system. These include additional turn lanes at intersections, re-striping of lanes to improve traffic operations and computerized traffic signal control to increase traffic flow and capacity. These measures have - 17 - all been successfully implemented throughout Los Angeles and Santa Monica. will street and intersection improvements shift traffic to other streets? A minimal alDount of traffic may shift because of the intersection improvements, but it is estimated that the potential effect would be insignificant. What impacts will the mitigations themselves have such as the potential impact that changing the D"1m'her of lanes has on the "platooning" of cars approaching downstream? Analysis of the effect mitigation measures which involve physical improvements have is a relatively straightforward process. The key issue is the effect on the capacity of the intersection which can be determined by assessing the lane configuration for each approach after implementation of the measure. Although the effect on platooning of vehicles and flow patterns is not directly evaluated in this process, these factors have little impact on the overall capacity of specific intersections. The process used to evaluate the impact of various mitigation measures has been well documented and the worksheets for all intersections in the study area have been provided to both the City of Santa Monica Parking and Traffic Engineer and the City of Los Angeles Department of Transportation. Were improvements from other projects included in the existing conditions description of the area? A detailed review of all previously conducted EIR's for major projects was conducted to identify any roadway improvements which should be added to the Cumulative Base highway network. None of the approved improvements affected intersections within the project study area. What other mitigation measures are suggested if some of the street. and intersection improvement.s cannot. be made or are thwarted by other governmental agencies? All intersection improvements are feasible and are able to be constructed. Efforts are currently being made to reach agreement with the other agencies in the area that are responsible for the actual implementation of those measures outside the control of the City of santa Monica. ALTERNATIVE ACCESS ROUTES TO PROJECT Northern Access to santa Monica The FEIR analyzed changes to the traffic impacts in the subregion if a second access route was constructed to the north of the - 18 - project in addition to the project access to Bundy Drive. Three options were studied -- a perimeter road around the eastern end of the Airport runway, a tunnel below the Airport, and an off-site satellite project parking lot connected to the project by a shuttle bus. Each option would connect the project to centinela Avenue allowing motorists travelling to the project to use either Centinela Avenue north of the project or Bundy Drive to access the project. Perimeter road There are only two perimeter road options available due to the proximity of the Airport runway and Bundy Drive -- 1) use the existing Airport perimeter road or 2) construct a second, parallel perimeter road. The project cannot implement the first option due to restrictions on the use of the existing Airport perimeter road imposed by the Federal Aviation Administration (FAA). The city's agreement with the FAA required that the city construct the Airport perimeter road to allow Airport-related vehicular traffic to move between Airport facilities north and south of the runway without having to interfere with aircraft taking off and landing and to allow emergency vehicles to travel around the Airport grounds quickly. FAA funds were used to construct the Airport perimeter road. To use this road for project and public traffic, the City would be required to refund the federal money used to construct the road, to regrade and widen the roadway to accommodate general public traffic, to find al ternate means to allow for Airport related traffic to access facili ties on the north and south side of the runway, and to ensure that emergency vehicles could quickly access all areas of the Airport property easily without becoming "stuck in traffic". It is possible to construct a second perimeter road parallel to the Airport perimeter road for public use but this would preclude necessary roadway improvements on Bundy Drive. Bundy Drive is approximately 20' to 30' below and 40' east of the end of the Airport runway. A public, perimeter road parallel to and separated by a 4' median from the existing Airport perimeter road would need to be a minimum 30' wide to provide for two lanes in each direction. However it could not be located sufficiently below the runway level to avoid interferring with landing aircraft and above Bundy Drive to allow sufficient clearance by vehicles traveling along that street. This option would also have required that all the property between Bundy Drive and the Airport runway be utilized for Airport and project perimeter roads and would not allow the future widening of Bundy Drive to accommodate future increases in traffic projected to use Bundy in the future that is generated by growth and development in the SUbregion. other design options were explored such as a 24' widening of the existing Airport perimeter road and the construction of a 12' wide, separate perimeter road with a 12' widening of Bundy Drive. The first option did not satisfy the FAA's requirement that Airport and public traffic be separated. The second option did not provide an adequate lane width to carry one-way traffic into - 19 - or out from the project and a sufficient widening of Bundy Drive to accommodate future traffic growth. Tunnel A tunnel could be constructed below the Airport runway to connect the project to the centinela Avenue to the north. This al ternati ve access route would require the use of Airport land for tunnel portals and access roads. This use of Airport property for residual land serving use would require the city to request a change to its agreement with the FAA. The tunnel, portals, and access road would cost approximately $8 to 9 million to construct. There would be little change in the traffic impacts resulting from this alternative access route. satellite parking A satellite parking lot for project employees containing about 850 spaces and connected to the project with a shuttle bus could be constructed on a currently vacant 7.7 acre parcel at the northeastern corner of the Airport property. However, this parking lot would be adjacent to single family homes in the city of Los Angeles and would require that the City request revisions to its agreements with the FAA which requires that this parcel be utilized for land uses directly related to Airport operations or that serve Airport uses. The FEIR found that 23% of the trips to or from the project would be diverted from using Bundy Drive to use any of these alternative access routes to the project. The FEIR found that for the developer-proposed project, 5 intersections would operate better and 3 intersections would operate worse if this access route was opened in addition to the main access point on Bundy Drive than they would if only the Bundy access point is used. Where is it stated that the FAA will prohil::1i t a perimeter road around the Airport. A perimeter road should be constructed around the west end of the runway and connect to 23rd street. The FAA has stated to the City that Airport roads built with federal funds may not be used by the general pUblic. The FAA also has safety concerns over the loss of dedicated Airport access between the north and south sides of the runway. The Airport perimeter roads (both at the east and west end of the runway) were constructed for Airport access roads to allow safe passage between the north and south s ides of the Airport. Prior to their construction, Airport users and service vehicles had to cross the active runway, a condition which the FAA found to he unsafe. The roadway was constructed wi th Federal Airport Improvement Program funds I which require that the roadway be for Airport use only. The Santa Monica Municipal Airport is in the process of - 20 - designing and installing access controls on the road to prevent public use in response to identified FAA safety concerns. The above facts apply equally to the section of the road around the runway r S east end and to the section around the west end. Comments have been received that suggest that the runway be shortened, to allow for enough space to install another roadway for public use. The shortening of the runway is not possible. In settlement of the varied controversies surrounding the use of the Santa Monica Airport, the City of Santa Monica and the Federal Aviation Administration entered into the Santa Monica Airport Agreement on January 31, 1984. Section 9 of that agreement states: "At the present time the Santa Monica Airport has one runway designed which is 5,000 feet long and 150 wide. This runway will be continuously maintained in good operating condition by the City. II Section 12 of the agreement states: "The full runway length of 5,000 feet will be available at all times for takeoff.fI The FAA has indicated that they will not approve any shortening of the runway. A new intersection on 23rd street could not be easily provided. This issue was addressed under the Walgove Access Alternative in the FEIR. It would involve the complete realignment of the intersection. AdditionallY, it would divert traffic onto a two-lane residential street. Why have viable alternative access routes to and from the project into the city of Santa Monica not been suqqested? The FEIR has thoroughly analyzed a number of alternatives access routes to the project. The traffic analysis concludes that more intersections would be significantly impacted under any of the alternative access routes than there would be wi th the proposed Bundy access. A significant volume would be attracted to residential streets and more extensive roadway construction would be required (e.g., reconstruction of the WalgovejAirport Avenue intersection, construction of a tunnel under the airport to avoid the disruptions to airport operations of a perimeter road.) What assumptions were used to determine that no changes occur in the impacts if a northern access route is opened? The FEIR indicates that the addition of an alternative means of access to and from the site does not significantly change the impact of the project on the local street and highway system. The analyses also pointed out that this was not to imply that these alternate routes would not be used by project generated traffic. The analyses indicated that up to 23% of the project traffic would use the access to the north which - 21 - would connect with Centinela Avenue. This re-routing of project traffic off of Bundy onto this alternate route reduces the vie ratios at five of the intersections in the study area, especially those on Bundy north of the site. However, the number of intersections impacted by the project actually increases slightly. Western Access to Los Angeles and santa Monica The FEIR also analyzed the changes to the traffic impacts on the sUbregion if Airport Avenue was permitted to remain open to through traffic once the proj ect was constructed thus allowing project access to both Bundy Drive on the east and 23rd street;Walgrove Avenue to the west. The FEIR found that there would be a significant amount of additional traffic using the intersection where 23rd street, Walgrove Avenue, Airport Avenue, and Dewey street intersect. The FEIR found that major improvements would be required to be made to this intersection to eliminate or improve the current street curve and hill approaches to this intersection to enable the intersection to accommodate large increases in traffic. The FEIR found that 15% of the trips to or from the project would use this alternative access route to the project. The FEIR found that for the developer-proposed project, ~o intersections would operate better and 6 intersections would operate worse if this access route was opened in addition to the main access point on Bundy Drive than they would if only the Bundy access point is used. airtrafl - 22 - /....... ATTACHMENT 1 PROJECT SITE LoeA TrON FIGURE 4.3-1 I I I I r ! i j I I 1 ! ~ ~ a :it ~ . ! I ii c c . 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D .13 , 1 J4 , 1.13 In7 c:b&nvl In euau1nl". .... with Proj.~~ IIldq.Uon -.OJ(lottu) +~Ol . 03 -.17 C latt:u) -.01 (Iot:U1') X - 02 C Iotte1'1 -.32Clon.l') x - 04(80tl:l1') - U (latU1') - 10 C ..tUI') x -.03 C ..tt.l') X -.07 (Iotl:ll') - Ol(...tt.1'1 - 04(lanu) -.04 (..tt.r) - .14 (...n.r) x ..02 -.lOllal:url -.01 (..tterl -.01 (Iot:t.r) X.:Znt:.Ir..et.i.on \lP9ra.4M. one _ _are LOS thrOQgtl lap~ov...nt X2-Int.r..UC10J1 UP9r.~ t;wo or ~r. IDS u..:rov;h iapl"OY...nt. o 11 inuuoctlona operatl batt.r tIuln thy _141 if 1ft tha f~!;~I'. no prajoet .neS. no ,rojoc:t-l'llotoll lap~_u ar. wilt (5 llItanoct:lonl ~e by 1 LoYal of 5.rvle.) o 2 IfttonactlOft& 1Il1'O bpoct:olI (3 llIt.rloc:tlo... not al9f\1flcant:. 0 lnt:lnoetlo... an dgftlf1e.nt ) "/01=& ,; . A T T A C H MEN T F SUMMARY OF IMPACTS OF ALTERNATIVES TO THE PROPOSED AIRPORT PROJECT The following summary describes the major differences in impacts resulting from each Alternative compared to the originally proposed project. Alternative 1: Reduced studio alternative deletes 200,000 square feet of office space from the studio Scenario A of the original project. This alternative results in fewer traffic, air quaiIty, and noise impacts. Implementation of Alternative A would decrease the original project's beneficial fiscal and employment impacts by reducing projected annual revenues by 14% and employment opportunities by 17%. Alternative 2: Reduced office alternative delete 200,000 square feet of office space from the office scenario B of the original project. This alternative results in fewer traffic, air quality, aesthetics, and noise impacts. Implementation of Alternative 2 would decrease the original project's beneficial fiscal and employment impacts by reducing projected annual revenues by 15% and employment opportunities by 9%. Alternative 3A - Recommended and Revised Project: Three Phase project contains 1,015,000 square feet (1,078,068 gross square feet) of development. This alternative would be constructed on 28.53 acres, an arts and education center of 124,800 gross square feet is proposed for the remaining acreage. The alternative results in fewer traffic, air quality and aesthetics impacts. Implementation of Alternative 3A would decrease the original project's beneficial fiscal and employment impacts by reducing projected annual revenues by 22% and employment opportunities by 11-18% Alternative 3B: Three phase/reduced height project is similar to Alternative 3A with the exception that the project would utilize all 37.5 acres, building height would be reduced from six to three stories, and the arts and education center would not be included adjacent to this project. The alternative results in fewer traffic, air - 1 - ,; qUality, shade, and shadow impacts but greater land Use, aesthetics, recreation and hydrology impacts. Implementation of alternative 3B would decrease the original project's beneficial fiscal and employment impacts by reducing projected annual revenues by 22% and employment opportunities by 16-23%. Al'ternative 3C: Three phase/reduced density project contains 872,868 gross square feet of office, retail, restaurant and day care, and 124,800 gross square feet of recreation, arts, and education uses. This alternative would eliminate all significant traffic and air quality impacts and result in fewer public services and utilities, and energy impacts. Implementation of Alternative 3C would decrease the original project's beneficial fiscal and employment opportunities by 18-25%. Alternative 4: Two phase proj ect would eliminate two phases of the original project and consist of 916,175 gross square feet including an arts and education center and a 5.4 acre park. This alternative would eliminate all significant traffic impacts and result in fewer air quality, land use, aesthetics, housing, pUblic services and utilities and energy impacts. Implementation of Alternative 4 would decrease the original proj ect I s beneficial fiscal and employment impacts by reducing projected annual revenues by 42% and employment opportunities by 35-40%. Alternative 5: Business park alternative increases the scope of the project to include additional uses - a health club and a hotel - but retains the same total floor area of the project by reducing the amount of office redevelopment. This alternative results in fewer traffic, recreational and energy impacts and greater public services and utili ties and housing impacts. Implementation of Alternative 5 would increase the positive cost/revenue balance expected with the original project by increasing projected annual revenues by approximately 4%. Additionally, this alternative would increase employment opportunities generated by the original project by up to 7%. Alternative 6: Research and development/light industrial project consists of 1,673,000 square feet of two story structures, 20% more total square footage than the original project. This alternative resul ts in fewer traffic, air quality, and housing impacts and greater noise, land use, and aesthetic impacts. Implementation of Alternative 6 would decrease the original project.s beneficial fiscal and employment impacts by reducing annual revenues by 85% and employment opportunities by 9-15%. Alternative 7: - 2 - " Airport expansion project would include office, arts center, aeronautical school, hotel and additional aircraft hanger/tie downs. Except for the hotel, these uses would occupy existing buildings. This alternative would eliminate all significant traffic impacts and result in fewer air quality, construction noise, land use, public services and utilities and energy impacts and greater air trafffic noise impacts. Implementation of Alternative 7 would decrease the original project's beneficial fiscal and employment impacts by reducing projects annual revenues to $268,450 and employment opportunities by 85%. Alternative 8: No proj ect would retain the existing airport facil i ties on the proposed project site. Alternative 9: Regional shopping mall would contain 773,500 square feet of retail uses of two and three stories. This alternative results in fewer aesthetics and view impacts and greater traffic and air quality impacts. Implementation of Alternative 9 would decrease the original project's beneficial fiscal and employment impacts by reducing projected annual revenues to $3.19 million and employment opportunities by 72-74%. Alternative 10: Neighborhood commercial center and park would consist of a 55,000 gross square feet neighborhood co:mmercial center on 5 acres, 124,8000 gross square foot arts and education center on 7.2 acres and a 24.3 acre park and one acre of aircraft tiedowns. This alternative results in fewer traffic, air quality, geology, hydrology, noise, housing, public services and utilities, and energy impacts and would eliminate view blockage, and shade and shadow impacts. This alternative would generate no net increase in employment opportunities, since the projected creation of 370 jobs would not be sufficient to offset the estimated 370 jobs currently existing on-site which would be eliminated with this alternative. Alternative 10 would not meet the project objective of providing a significant revenue stream to the City, as this alternative would reduce projected annual revenues to $173,200. Alternative 11: Residential land use alternative would consist of 1,100 multifamily residential units. This alternative results in fewer traffic, air quality, aesthetics, shade and shadow, and energy impacts and greater noise, land use impacts. Implementation of Alternative 11 would eliminate project benefits of creation of new employment opportunities. Alt.ernat.ive 12: Hotel alternative consists of a 200 room hotel on 5 acres, a 124,800 gross square foot arts and education center on 7.2 acres, - 3 - .- one acre of aircraft tiedowns, and a park on the remaining 24.3 acres. This alternative results in fewer traffic, air quality, geology, hydrology, shade and shadow, noise, housing, pub 1 ic services and utilities and energy impacts. Alternative 12 would, however, provide significantly fewer employment opportunities (1% of the project employment opportunities) and would result in a significant decrease of project generated revenues from $5.5 million to less than $0.5 million. Alternative 13: Regional park would consist of the full project site as a regional park. This alternative would eliminate all significant traffic impacts. This alternative results in fewer grading, traffic-generated noise, aesthetics, shade and shadow, pUblic services and utilities and energy and housing demand impacts. Development of the project site as a regional park would eliminate existing and project identified employment opportunities. This alternative would also eliminate the $5.5 million in annual revenues estimated for the project and cost approximately $10,670,000 in capital costs and $810,500 annually to maintain the park thus creating a negative one time and annual cost for the city. Alternative 14: Business center at present City Yards is an ttoff site" alternative that would involve moving the operations and facilities at the Santa Monica city Yards to the Airport residual land and constructing a Business Center on the present City Yard parcel, consisting of about 592,000 square feet of two story office buildings. This alternative results in fewer traffic, air quality, view, shade and shadow, housing demand, public services and utilities and energy impacts. Implementation of Alternative 14 would decrease the original project 1 s beneficial fiscal and employment impacts by reducing employment opportunities by 50-54%. Alternative 15: Business center at present City Bus Yards is an "off site" alternative that would involve moving the operations and facilities at the Santa Monica City Bus Yards to the Airport residual land and and constructing a Business Center on the present Bus Yard Parcel consisting of about 585,900 square feet of three story office buildings. The alternative results in fewer traffic, air quality, housing demand, shade and shadow, public services, and utilities and energy impacts and greater land use, noise, lighting and glare impacts. Implementation of Alternative 15 would decrease the original project's beneficial fiscal and employment impacts by reducing projected annual revenues by 50% and employment opportunities by 51-54%. - 4 - w/air2ccf September 26, 1989 " - 5 - A T T A C H MEN T G2 SUMMARY OF DEVELOPMENT AGREEMENT FOR AIRPORT RESIDUAL LAND DEVELOPMENT PROJECT The following is a description of the key provisions of the Agreement and their responsiveness to environmental and community concerns. site Plan/seale of Buildings section 3 (a) of the Development Agreement contains the development parameters for each structure to be built in the project. The section contains the permitted floor area and height for each structure and refers to the project site plan (Exhibit B of the Development Agreement) which delineates the location for each building. The floor area permitted for each structure is measured in net square feet. The defini tion of floor area in the Development Agreement is the same as the definition in the city's Zoning Code. The maximum permitted size of each structure in the Development Agreement is approximately 10% greater than was originally proposed for each building to allow the developer the flexibility to increase the size of an individual building to accommodate prospective tenants. However, the total project size must not exceed the total floor project area which is stated in Section 3 (b) of the Development Agreement. Additional floor area built in one structure must be offset by a reduction in the floor area built in a future building yet to be constructed. Section 8 (b) of the Development Agreement allows the Zoning Administrator (or Planning Commission on appeal) to permit a 5% increase in the amount of floor area permitted in an individual building. Again, if the additional floor area is approved, an equal amount of floor area must be subtracted from other buildings to be constructed in the project so the overall size of the project does not exceed the maximum floor area permitted for the project. Each structure must be constructed within the boundaries of its "designated areall. These areas maintain the setbacks and building separations needed to retain important view corridors and open spaces but allow for slight adjustment in the specific location of a building to accommodate construction, survey, soil conditions, views, and other contingencies not evident at this time. - 1 - Some residents living in the neighborhood to the south have expressed concern about the height of buildings in the original proj ect, in particular, Building # 10 in Phase 3 and the studio soundstages in Phase 4 of the original project. These buildings were located closest to the residential neighborhood to the south. To respond to concerns raised, the Building designated as #10, in the original project has been eliminated from the revised proj ect. It has been replaced by open space and/or recreation facilities. The former studio office building #12 at the far western end of the project has been retained and renumbered in the revised project as Building #10. This will be the closest building to adjacent homes and will not be permitted to be located closer than 100' from the rear property lines of the homes adjacent to the site (approximately 150'-170' from the rear of the homes themselves). Since the revised project does not include Phase 4 of the original project, the studio soundstages will not be built near the residential homes along the southern boundary of the parcel. Floor Area The maximum amount of floor area permitted in the project is contained in section 3 (b). The maximum floor area for the original project called for a studio Scenario A equivalent to 1,426,716 gross square feet, an Office Scenario of 1,369,058 gross square feet, and up to 1,302,049 square feet of floor area devoted to parking in the proposed project. The Development Agreement for the revised project permits no more than 1,015,000 square feet (1,078,000 gross square feet) which is 263,880 square feet (282,500 gross square feet) or 20.8% less than was proposed in Scenario B (Office) of the original project. Building Height The maximum height permitted for each building and parking structure is contained in section 3 (a). No building may exceed 6 stories (84') as measured from the average finished grade for each phase. The average finished grade elevation is noted on the project site plans (Exhibit B of the Agreement which are also included as Attachment H of the staff report). Since the taller structures are oriented toward the Santa Monica Airport and Bundy Drive and do not abut adjacent residential or commercial buildings, the Development Agreement permits some design features and mechanical equipment to exceed the permitted height that are not permitted to exceed the height limit in other areas of the City under the city's Zoning Code. setbacks and views Residents in the adj acent neighborhood have expressed concern about the proximity of the project to their homes south of the project. In addition to requiring the placement of the tallest - 2 - structures away from the homes, the Development Agreement also requires that structures be set back from the property line which is shared by residences to the south. In addition, comments were Section 3(d) requires that all buildings be set back from Bundy Drive by 100 I to 140'. This minimum setback for the revised project was increased by 60' to ensure that the project will be compatable with the neighborhood. The setback required along the southern City limit ranges from 35' adjacent to the Lear Sieglar parcel and 80' to 100' adjacent to the single family residential neighborhood to the south. section 3 (e) requires minimum distances between buildings to ensure that sufficient view corridors and ample open space is maintained between structures. The Development Agreement requires at least 105' of distance between the two main buildings near Bundy Drive to maintain views into and through the project from the street and from homes located on the bluff above Bundy east of the project. The Agreement requires at least 40' to 60' separation of the buildings along the northern edge of the project to maintain views of the Airport Administration buildings, the Airport adjacent to the project, and the Santa Monica Mountains in the distance. The Agreement requires 105' to 160' distances between buildings bordering the gardens and plazas located in the project. site Coverage and Landscaping Section 3(f) of the Development Agreement requires that not more than 50% of the site be covered by buildings to ensure that the project design and site plan evoke the campus-like environment desired by the city. section 3(h) requires that the project be fully landscaped in a park-like manner in accord with the landscape scheme envisioned on the project site plans. Section 3(h) also requires that mature trees be used and defines the term "mature" which is consistent with the definition used by the Architectural Review Board. Parking Section 3{i) of the Development Agreement requires the developer to provide a minimum of 3.3 parking spaces for each 1,000 square feet of floor area in Phase 1 of the project. The Development Agreement permits the Developer to request approval of 2.9 parking spaces per 1,000 square fee of floor area once Phase 1 of the project is built. The Zoning Administrator must approve the developer's request if an analysis of the parking demand for the proj ect shows that 2.9/1000 spaces is sufficient, that there is no significant problem with parking intrusions in the adjacent residential neighborhood, and less parking is required due to the success of the Transportation Demand Management Program required by the Development Agreement (Section 6h) in reducing the number of vehicles parking in the project. - 3 - Parking will be provided in four parking structures. Neighbors have expressed their concern about the potential for employees, visitors, and quests parking in the residential neighborhood to the south of the project. The amount of parking required for the proj ect is greater than what is required by the city I s zoning Code so no parking intrusion problems are anticipated. Further, there is no easy pedestrian access to and from the neighborhood. The developer will be permitted to reduce the number of parking spaces provided in the project only if an analysis of neighborhood parking intrusions indicates that there is no significant problem with project users parking in the neighborhood or a neighborhood parking intrusion plan is approved by the City that solves any significant parking intrusion problem should it occur. Permitted Uses Section 4 of the Development Agreement limits the type and floor area devoted to uses permitted to locate in the project. Uses permitted in the Project include commercial office; retail (limited to 22,000 square feet), restaurant and take out food areas (limited to 8,200 square feet of indoor and outdoor area), and other ancillary commercial uses (30,000 square feet) that will serve primarily the employee and visitor population of the proj ect. The Development Agreement permits the developer to replace restaurant uses with retail uses since the traffic devoted to retail uses is less than that for restaurant uses. The Development Agreement also contains a mechanism to permit the developer to increase the amount of ancillary commercial uses if there is no net increase in the amount of peak hour traffic generated by the project. Section 4 of the Development Agreement also permits child care facilities. In response to neighborhood concern about the introduction of destination-type uses that would increased traffic in the area or would generate significant use of the project late in the evening, other uses such as movie theaters, drive-through restaurants, and medical offices are not permitted. The Agreement states that the City agrees that on-site consumption of alcoholic beverages is to be permitted in restaurants in the Project but permits the City to regulate the location of and attach conditions to future permits specifically regulating the sale of alcoholic beverages. The Development Agreement also permits the developer to apply for a conditional use permit from the City for permission to sell alcoholic beverages in retail stores as long as the sale of alcoholic beverages is incidental to the sale of other retail products. The Development Agreement does not assume it is a permitted use and the City may approve, conditionally approve, or deny the application on the basis of the appropriateness of the use. The Development Agreement does not permit bars and liquor stores in the project. - 4 - Housing and Parks Impact Mitigation Fee section 6ea) of the Development Agreement requires that the Developer of the project pay the City a fee for mitigating housing and parks impacts on the community in accordance with santa Monica Municipal Code section 9046. The EIR estimated that the total fee for the original project would have totaled approximately $7.5 million (1988 dollars). The revised project will generate approximately $5.9 million (1988 dollars). on-Site Child Care Facility and Program section 6(b) requires that the developer provide an on-site child care center in Phase 1 of the project that will accommodate 100 children, including infants, and that will contain all indoor and outdoor improvements. This will ensure that the facility is ready for operation at the same time that the user demand is created. The Agreement requires the developer to pay $20,000 (adjusted for inflation) for scholarship for law and moderate income families Subsurface contamination Preliminary soil tests found that some aviation fuel has leaked into the soil from old fuel tanks that were removed years ago. section 6 (c) of the Development Agreement requires that subsurface contamination be treated, contained, or removed in compliance with local, state, and federal regulations. It is anticipated that the contamination is localized, and it is also not expected that additional contaminated sites will be found since most of the residual land parcel has been used for aircraft tie down and parking. security Concerns were expressed about the security of the project. Neighbors were concerned about public use of the project's open spaces after business hours and on weekends. section 6 (e) requires that the Developer provide for private security services for the built portions of the project to supplement City police protection. These private patrols as well as public police response to security problems will ensure that the project is safe. In addition, while the project will be open and available for public use during the day and weekends, the open spaces in the project will not be designed as public parks. The recreational activities for these areas is intended to be passive and relaxational in nature and will not include active playing fields and equipment. (It is anticipated that active recreational uses may be incorporated into the portion of the land made available by the smaller project). Water Conservation Section 6(f) of the Development Agreement requires that the Developer prepare a water conservation program that includes - 5 - using such water saving features such as automatic sprinklers that will irrigate the landscaping during early morning or evening hours, using sources other than non-potable water to provide at least 50% of the water in the project's water feature, and using drought-resistant plants and landscaping if consistent with water reclamation needs. Transportation Demand Management section 6(h) requires the Developer to prepare for City approval of a Transportation Demand Management program (TDM) that will reduce the amount of traffic generated by the project by 15% over what would occur if no TOM program were implemented. The TOM plan must include: 1. Hiring a TDM Manager whose primary responsibility will be to promote and manage the TOM program. 2. Promoting carpooling and vanpooling by compiling and distributing schedules of carpools and vanpools for all employees, reducing charges for parking, and providing preferred parking locations. 3. staggering working hours of employees and operation hours of businesses located in the project. 4. Encouraging the use of public transit by subsidizing the cost of bus tokens by at least 50% for up to 350 employees working in the project, working with the area bus lines to improve service to the project, and coordinating with LAX van and bus service companies to include the project on their routes into Santa Monica. The Developer may substitute these and any other measure included in its TDM plan if the substitute measure is equally or more effective and the substitution is approved by the City Manager. The Development Agreement requires that the Developer pay the City up to $l76,400 annually if the TDM goal for reducing project generated traffic was not met. The fee would be determined based on the actual amount of traffic generated by the project compared with the projected amount of traffic that would be generated wi thout a TOM program. The fee would be used by the City to supplement the developer's efforts to reduce traffic from the project. Traffic Improvements section 6(i) of the Development Agreement requires that the developer provide the street and intersection improvements for the project listed in Appendix J of the Development Agreement and which are listed in Attachment F of this staff report and pay for the first $2 million in costs to construct the improvements. The City, as a partner in the project, will share in all costs over $2 million to implement the improvements. The Agreement contains in Exhibit E the procedure by which streets and intersection - 6 - improvements will be implemented in the City of Santa Monica and in the ci ty of Los Angeles. The intent of the Development Agreement is to proceed in a cooperative manner with the City of Los Angeles to obtain the required permits to perform street and intersection improvements in the City of Los Angeles. The Development Agreement also requires that the developer construct and install all equipment necessary to link each of the intersections located in the City of Los Angeles that were analyzed in the EIR to the City of Los Angeles I Department of Transportation Automated Traffic Surveillance and Control (ATSAC) system ~ maintain a two lane, improved, paved, and constructed roadway from Bundy/centinela to the Airport Administration Building without interruption throughout construction of the Project and thereafter~ and maintain a two lane access roadway to the Lear Astronics parking lot without interruption throughout construction of the Project and thereafter. The Development Agreement anticipates that the developer will construct all off-site street and intersection improvements required for the project but also allows each city to construct the improvements itself with the costs to be shared by both the developer and the City of Santa Monica. Energy Conservation section 6(k) of the Development Agreement requires that the project design comply with the building energy regulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. Access to the Disabled Section 6(1) of the Development Agreement requires the developer to comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative COde, Title 24, Part 2. Sewer Allocations and On-Site Wastewater Recycling System The Development Agreement requires that a waste water treatment system be installed in the project if the installation is permitted by County, state, or other agency from which approvals are required. The system is intended to provide tertiary treatment for all wastewater generated by the project and to reuse the treated effluent. The Developer Agreements requires that the project use the treated effluent first for irrigation of the project and to maintain the level of the central water feature. If excess treated effluent remains, the treated water may be used to irrigate Clover Park on the north side of the Airport or be recirculated to toilets and urinals in the project. The Development Agreement permits the project to use the cityls public sewer system when the on-site treatment plant is being - 7 - . repaired or is undergoing maintenance. It also permits the project to release excess treated effluent into the public storm drain if this use of the storm drain is allowed by the appropriate regulatory agencies. The on-site treatment of the waste water will minimize the need for the project to use the public sewage treatment facility and will help the ci ty in it on-going efforts to conserve fresh potable water. Section 6(n) of the Development Agreement assumes that the developer will construct, own, and operate the on-site system but allows for the City to assume the ownership and operation responsibilities should that be required by appropriate regulatory agencies. The developer is required to reimburse the City its costs of operating the system. Section 7 (c) of the Development Agreement exempts the project from any moratorium established by the city due to limited or reduced public sewer capacity if the on-site system is installed, except if the exemption would violate applicable federal, state or Los Angeles city law regarding the use of public sewer facilities. Section 7 (d) states that the project will receive second priority for any sewer allocation behind those projects listed as first priority projects in the City sewer permit allocation ordinance (Ordinance No. 1451) if the developer is prevented from installing the on-site system. Design Standards Section 6(r) of the Development Agreement requires that the project comply with the design standards contained in Exhibit C of the document. These design standards are consistent with those contained in City's Zoning Code. Access to Neighborhood Of major concern to neighborhood residents is the potential for traffic and parking intrusions into the residential neighborhood south of the project. To discourage intrusions, Exhibit C of the Development Agreement requires the developer to provide a wall, fence, or other barrier to the satisfaction of the City along the southern property line to prevent motorists and pedestrians from traveling between the project and the neighborhood to the south. stormwater Runoff Section 6(8) of the Development Agreement requires that the Developer prepare a drainage study for City approval prior to issuance of a building permit. The drainage study must identify the amount of storm water runoff generated by the proj ect and propose a plan for one or more storm water detention basins that will help to prevent downstream flooding. The detention basin(s) will have the ability to retain storm water from up to a 25 year storm event. - 8 - , Emergency Features section 6 (t) of the Development Agreement requires that the Developer install fire and life safety features in the project. These features are to be reviewed and approved by the city's Fire Chief. The developer is also required to prepare an emergency response plan to provide for the safe evacuation of proj ect occupants in time of emergency. The plan is to be approved by the City prior to issuance of a Certificate of Occupancy for the first building in the project. The intent of these provisions is to ensure that the project is safe for employees, visitors, and quests and that these people are safely evacuated in case of an emergency. General service Department Requirements Exhibit D of the Development Agreement contains a list of the General Service Department improvements, plans, programs, and studies to be provided by the developer. Exhibit D requires among other items that the developer design and construct the street and intersection improvements listed in the Exhibit which were identified in the EIR as those improvements necessary to mitigate traffic impacts of the project; construct on-site street improvements and maintain access to adjacent Airport uses; prepare and submit for City approval foundation Shoring and soil erosion control plans; install water, sewer, fire hydrants, and street lighting to City standards; and prepare refuse collection and on-site recycling plans for City approval. Support for Art Section 6(p) of the Development Agreement requires the developer to pay $1 per square foot of development plus $300,000 for various art projects or facilities. For the revised project, the amount of funds available for art will total approximately $1,378,000. The developer will pay the following amounts to the City for the following purposes: o $100,000 for restoration of the stanton MacDonald Wright murals; o up to $352,800 for art projects in the City of Santa Monica outside the boundaries of the project; o $300,000 for the construction of artist studios either adj acent to the proj ect or in another location in the City; o $150,000 for art to be placed in the project; o up to $529,200 for art projects in the project or for art projects or facilities adjacent to the project. The selection of the off-site art projects and facilities shall be determined by the City council following recommendations from the City'S Arts Commission. - 9 - ~ Changes to Development Agreement The Development Agreement provides for minor and moderate changes to the project. Section 8a allows the developer to make minor changes to the project upon written notification of the changes being sent to the zoning Administrator and the Director of Community and Economic Development Department. Minor changes to the proj ect will not require the amendment of the Development Agreement include: 1) increasing the number of parking spaces in a parking structure, 2) increasing the area of the underground parking garage, and 3) moving the boundary line between phases by not more than five feet to accommodate construction of parking structures near phase boundary lines. Section 8b allows the developer to request approval of moderate changes to the project by the Zoning Administrator whose decision may be appealed to the City Planning Commission. Moderate changes will not require the amendment of the Development Agreement and will allow the Developer to increase by 5% the floor area of any structure provided there is an equal decrease in the floor area of another structure yet to be constructed. The procedure to approve a moderate change is similar to a variance request. Any other change to the project would require the adoption by the City Council of an amendment to the Development Agreement. Exemption from Other City Requirements One purpose of a development agreement is to "freeze" the rules and regulations governing the development of a multi-phase project at a certain point in time to ensure that the project may proceed with a unified and consistent set of development regulations over the course of its development. Section 10 of the Development Agreement contains provisions on the applicability of current and future city codes, ordinances, rules, regulations, and policies on the Airport project. The Development Agreement requires that the project be developed in accordance with all City regulations that are current as of the execution date of the Development Agreement. The proj ect will be required to comply with changes to those current and future new development regulations if: 1) the developer and City agree to the imposition of the regulation: 2) compliance is required by State or federal law: 3) the regulation is essential for pUblic health or safety: or 4) the project is not singled out for compliance and the regulation does not impair development of the project as contemplated. Architectural Review Board Section 10(d) of the Development Agreement requires that building colors and materials, design elements, signage, trash enclosures, screening, and the landscaping plan for the project be approved by the City'S Architectural Review Board. However, the ARB must approve all features of the project that are consistent with the - 10 - . provisions of the Development Agreement or that are depicted on the project site plan which has been approved by the city council. This section also requests that the ARB carefully review the amount of hardscape used in the landscape plan for the area fronting on Bundy Drive. air2ccg September 26, 1989 - 11 - ~ " A T T A C H MEN T H (REVISED) MODIFICATIONS TO THE DRAFT DEVELOPMENT AGREEMENT FOR THE "NO IMPACT" PROJECT The following modifications to the draft contained in Attachment G are required approves the no impact alternative of the Development Project. Development Agreement if the City council Airport Residual Land PAGE SECTION MODIFICATION v 28 Change heading to read: "Restriction of New Commercial Office Development on Airport Surplus Parcel". vi 45 Add the headings: "Sunset Park Neighborhood Traffic Protection Plan Adoption. following section numbers and 46 Funding for Neighborhood Traffic Protection Plan and for Recreation Improvements to Airport Specific Plan. Redesign of Internal Access to Airport. 47 48 Requirement to Execute Documents." 1 C Change "28.53 acres" to "26.33 acres". 1 E Insert "September 13" for the Planning commission pUblic hearing. Add "on September 21, 1989" at the end of the first sentence to describe the date the Planning Commission recommended approval of the ACD Amendments. 2 HI Change "September 12, 1989" to "September 13, 198911 3 1.0 Change the total area for the Airport Surplus Parcel from "8.2 acres or 357,200 square feet" to 1110.4 acres or 453,024 square feet". - 1 - 8 1.0 Add the following definition: "Neighborhood Traffic Protection Plan: As defined in Section 45 herein." 9 1.0 For "Proj ect Site Plan" definition, change drawing series from "Drawings 2c through 10c" to ItDrawings 2d through lad". For "Santa Monica Portion" definition, change "28.53 acres or approximately 1,242,767 square feet" to "26.33 acres or approximately 1,146,935 square feet". 10 1.0 Add the following definition: "Sunset Park: herein. It As defined in Section 45 11 2 change "29.36 acres or approximately 1,278,922 square feet" to "27.16 acres or approximately 1,183,090 square feetU. 11 3(a) (i) (A) Change "Drawing 10cU to "Drawing lad". 11 3(a) (1) (B) Change "Drawing 10cU to uDrawing 10d" , 12 3(a) (1) (C) Change "Drawing lOc" to "Drawing 10d" , 12 3(a) (i) (D) Change "Drawing lac" to "Drawing 10d". 12 3(a) (i) (E) Change "Drawing lac" to "Drawing lad". 12 3(a) (i) (F) Change "Drawing lac" to "Drawing lad". 12 3(a) (ii) (A) Change "Drawing lac" to "Drawing 10d" , 13 3(a) (ii) (B) Change "Drawing lac" to "Drawing 10d". 13 3(a) (ii) (e) Change "Drawing lOc" to "Drawing 10d" , 13 3(a) (iii) (A) "Building 9" of former plan deleted, so delete this section and renumber 3(a) (iii) accordingly. 13 3(a) (iii) (B) Change "Building 10" to "Building 9" and change "Drawing lOc" to "Drawing 10d". 13 3(a) (iii) (C) Change IlBuilding 11" to "Building 10". 13 3 (a) (iii) (D) Change "Drawing lOcU to "Drawing lad". change the maximum size of parking Structure 5 from "351,285 square feet" and ul,064 parking spaces" to u196,875 square feet" and "597 parking spaces". - 2 - Change "Drawing lOc" to "Drawing 10d". 14 3 (b) (i) Change the floor area ratio from "0.82" to "0.75". Change the maximum floor area from "1,015,000 square feet" to "822,000 square feet". 14 3(d) Eliminate building "9" and its setbacks. Renumber building "10" to building "9". Renumber building "11" to building "10". 15 3 (e) Eliminate the distance between buildings 9 and 11 and between buildings 10 and 11. Increase distance between Buildings 9 and 10 to "105' only where buildings form the northern and southern edge of the orange Grove Garden". 24 6(a)(i) Change the last sentence of this subsection to read as follows: IIFor any building constructed in Phase 1 of the Project, Developer shall pay the Impact Fee attributable to that building upon issuance of the building permit for the building. For any building constructed in Phase 2 or Phase 3, Developer may elect, in its sole discretion, to either pay the Impact Fee attributable to each building permit in full prior to, or concurrent with, the issuance of the building permit by the City or to pay the Impact Fee in the manner specified in Section 9046.2(d) of the Santa Monica Municipal Code in effect on the Effective Date." 25 6 (b) (iii) Change this subsection to read in full as follows: "The City shall use good faith reasonable efforts to select the initial qualified operator for the Child Care Facility and to replace any operator of the Child Care Facility during the term of the Child Care Facility Sublease upon expiration or termination of the operating agreement between the City and the operator. The operation of the Child Care Facility shall be in a manner comparable to other high quality child care centers in the City. In no event shall the Child Care Facility be operated without a qualified operator or in - 3 - the absence of all valid operational licenses and approvals required by the state of California and other applicable governmental agencies. Developer shall have no obligation to operate, manage or supervise the Child Care Facility or to locate, select, supervise or replace the operator. The Child Care Facility shall be operated on business days during the term of this Agreement except (A) if a qualified operator is not available, (B) for circumstances or events outside of the reasonable control of the City (including without limitation the City I S inability to find a qualified operator to operate the Child Care Facility or economic and other terms acceptable to the City) or (C) as may otherwise be provided in this Agreement." 30 6(h) (i) (G) (vi) Change the denominator in the formula from "1,015,000" to "822,000". Change the last sentence to of example only, assume permitted project size is and tha t ... ". read "For purposes that the maximum 822,000 square feet Change the math in the example to reflect 822,000 as the denominator. 42 6 (p) (A) Change "1,078,000 gross square feet" to "873,000 gross square feet". 54 13(b) Insert the following sentence after the second sentence of the paragraph: During each periodic review by the City, in connection with mitigation measures for which the City is responsible, City shall prepare a written report regarding implementation of all such mitigation measures. 64 28 Change this section to read as follows: "28. Restriction of Commercial Office Development on Airport Surplus Parcel. ci ty agrees that during the term of this Agreement, City will not authorize or approve the development of new structures on the Airport surplus Parcel for non-aviation commercial office uses." 45 Add a new Section 45 to read in full as follows: "45. Sunset Park Neiqhborhood Protection Plan Adoption. Traffic - 4 - Not later than two (2) years following the Effective Date, the city council shall adopt and the city implement a plan ("Neighborhood Traffic Protection Plan") of measures designed to minimize vehicle trips cutting though the neighborhood of the City bounded by Lincoln Boulevard on the west, Pico Boulevard on the north, and the city limits on the east and south ("Sunset Park"). Prior to the adoption of the Neighborhood Traffic Protection Plan for Sunset Park, the City shall conduct community meetings and workshops in the Sunset park area for the purpose of consulting with and obtaining guidance from the residents of the area in the formation of the Neighborhood Traffic Protection Plan and the City shall conduct at least one duly-noticed public hearing." 46 Add a new Section 46 to read in full as follows: U46. tlFundin9 for Nei9hborhood Traffic Protection Plan and for Recreational Improvements to Airport Surplus Parcel. The City agrees to fund the following improvements either from revenues available to the City from sources other than the Project or from the revenues from the first three (3) years of the project as follows: (a) the improvements and measures delineated in the Neighborhood Traffic Protection Plan; and 47 (b) improvements to the Airport Surplus Parcel, consistent with an improvement program approved by the City Council pursuant to a public process to be determined, including appropriate environmental review, to establish various recreational uses such as soccer field(s) and baseball diamond(s)." Add a new Section 47 to read in full as follows: "47. Redesi9n of Internal Access to Airport. Developer agrees to cooperate with the City in a good faith effort to redesign and modify the internal access road to the Santa Monica Municipal Airport form the Project in order to facilitate equal or improved internal access to and from the Airport from the Project if such redesign is deemed desirable and feasible - 5 - by the City and if the redesign satisfies all of the following conditions: (a) The city provides evidence reasonably satisfactory to the Developer that the redesign does not constitute a Moderate Change or Maj or Change pursuant to this Agreement obtains or commits to obtain approval of the redesign as a Moderate Change or Major change pursuant to this Agreement. (b) The redesign does not result in any material adverse impact to (i) the ingress to or egress from the Project and Bundy Drive, (ii) the internal traffic circulation system of the Project, or (iii) the orientation, layout design of the Buildings, the Parking Structures and the common areas of the Project. (c) The redesign does not have any material adverse effect of the environmental impacts of the Project studied in the EIR nor the measures studied and recommended therein to mitigate said environmental impacts. (d) The redesign does not result in any material delay or increase in the cost to the Developer of: (i) design, construction or development of any improvements for the Project, including, without limitation, any on-site traffic improvements or the internal circulation system, (li) operation and maintenance of the Project, or (iil) the performance or construction of the mitigation measures by the Developer under this Agreement. 48. Add a new Section 48 to read in full as follows: Exhibit UB" "48. Requirement to Execute Documents", City and the Developer shall execute this Agreement within seven days after the later to occur of ( 1) the effective date of the City Ordinance approving this Agreement, or (ii) thirty days after the filing of the Notice of Determination for the Environmental Impact Report, provided that no lawsuit challenging the approval of the Environmental Impact Report has been filed wi thin such thirty-day period. Substitute the phase line between Phase 1 and Phase 2 depicted on the drawing attached to - 6 - .. air2cch October 10, 1989 this Attachment H for the phase line between those phases presently depicted on the Project Site Plan. - 7 - ATTACHMENT P FINDINGS OF APPROVAL DEVELOPMENT AGREEMENT FOR THE AIRPORT RESIDUAL LAND DEVELOPMENT PROJECT staff recommends that the City Council approve the Development Agreement for the Airport Residual Land Development Project with the following findings: A. The project permitted by the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan as amended and the Airport Master Agreement (no specific plans are applicable to the project area) in that: Land Use Element The Santa Monica Airport Residual Land Development proj ect compl ies with the standards of the Land Use Element as proposed to be amended. Permitted uses in the Airport Commercial District include general office, child care facilities, support retail services and other uses compatible with these uses. Specifically, the Development Agreement is consistent with Land Use Element Objective 1.14 and its related policies to "...facilitate transformation of a city-held land asset into an innovative aesthetically superior, high quality office and working environment that produces employment, business opportunities and related benefi ts. . . If. The proj ect conforms to the development standards set forth in POlicy 1.14.1 by limiting height to a maximum of 84 feet, exclusive of special features; by limiting floor area to the amount specified in the policy; by providing for appropriate setbacks, pedestrian features, open space, parking; by ensuring that utility systems and roadways are adequate to serve the project; and by providing in-lieu fee payments for parks and housing mitigation, as further described in the findings below. The project conforms to Land Use Element Objective 3.6 and its related policies by accommodating airport-compatible businesses in a well-landscaped, campus-like environment which will be compatible with neighboring residential areas; by providing buildings which are architecturally superior in design and detailing with articulation which produces visual interest; by incorporating pUblic art into the project; and by creating park-like open space available to all employees and the general pUblic through the design of - 1 - accessible theme gardens, plazas, a courtyard and water gardens. Circulation Element The project conforms to the objectives and pOlicies of the circulation Element. In particular, the development is consistent with Obj ecti ve 4. 2 and Pol icy 4. 2 . 3 in that the project circulation is designed with access on Bundy Drive and no direct access to local residential streets in order to minimize incursion of vehicular traffic and parking into residential neighborhoods. The development is consistent with Objective 4.3 to provide road facilities to meet anticipated needs for movement of people and goods in that it provides for street and intersection improvements called for in the project's Final EIR. The Development Agreement contains requirements for a Traffic Demand Management (TDM) Program which is consistent with Objectives 4.5, 4.6 and 4.7. The TDM Program will include implementation of ride-sharing, staggered work hours to reduce peak hour vehicle trips, bicycle parking, public transit incentives such as bus tokens and employee van pools or shuttles, and a TDM Program goal of reducing vehicle trips to the proj ect which would be no more than 85% of the trips which would be predicted to be generated without a TOM Program. Housing Element Although the development is not a residential project, it is consistent with the goals and pOlicies of the City's Housing Element to "...maintain and increase the supply of housing affordable to low- and moderate-income persons. II This will be accomplished through a Housing Mitigation Program contained in Santa Monica Municipal Code Section 9046 which requires an in-lieu fee payment of approximately $2.369 to $2.448 million. Open Space Element The Development Agreement is consistent with the City's Open Space Element. The project includes an in-lieu parks mitigation fee as required by Santa Monica Municipal Code Section 9046. The in-lieu fee payment will be approximately $2.369 to $2.448 million. As well, the project will provide large areas of landscaped open space in the form of theme gardens, water features, plazas and courtyards. Conservation Element The project is in conformity with the pOlicies of the Conservation Element, including the use of energy - 2 - efficient insulation and lighting, solar heating, water conservation techniques and planting of street trees. Noise Element The project is consistent with the goals and objectives of the Noise Element to identify and control noise levels in the city. The Development Agreement specifies that the developer will properly muffle all construction equipment, limit construction hours, provide large building setbacks to reduce noise at the project's perimeter, and erect fences and install landscaping around the perimeter of the site to provide a further noise buffer. scenic Corridors Element The project is consistent with the Scenic Corridors Element goal to protect and enhance the scenic resources of the City. Although the proposed development is not located on one of the seven identified scenic corridors in the ci ty , the Development Agreement does require that street trees be planted along the street abutting the project site. As well, project landscaping will include extensive planting of mature trees. Seismic Safety Element The project is consistent with the principles of the City's Seismic Safety Element. Although the project is sited in the general vicinity of the South Branch Santa Monica fault, the fault is considered inactive with a low probability of hazard. Public Safety Element The project is consistent with the policies and programs of the City's Public Safety Element to lower the risk factors of fire and geologic hazard to a safe level. The development will comply with the City's fire and building codes in order to provide for the community's physical safety. B. The Development Agreement is in conformity with the public necessity, public convenience, general welfare and good land use practices. The project will create approximately 4,151 - 4,298 jobs in the office, retail, restaurant and child care fields. The project will produce significant net revenues to the City, thereby benefiting the general welfare. The Development Agreement is in conformance with good land use practices. The project is designed with ample setbacks and adequate parking and circulation and conforms with the Airport Master Agreement and F.A.R. and height restrictions - 3 - contained in the General Plan and General Plan Amendment Number 11. c. The Development Agreement permits a project that will not be significantly detrimental to the health, safety and general welfare of the public in that the project will be adequately served by public and/or private health and safety facilities that can accommodate anticipated demand. city Police and Fire Departments will serve the project. As is the case with any development project, this project will produce both adverse and positive effects on health, safety and the general welfare, as discussed in the Final ErR. The project will result in an increase in traffic volumes and will have an adverse impact on local air quality; but mitigation measures will address most of these impacts. The adj acent residents will benefit as they no longer will experience adverse noise, aesthetics, or fumes from aircraft, aircraft tiedowns, and aircraft-serving buildings. On balance, the beneficial aspects of the project, including employment opportunities, open space areas and visual improvements to the site, outweigh the incrementally adverse effects. D. Approval of the Development Agreement will not adversely affect the orderly development of the property in that development of the site will be a logical and orderly use of the site and an improvement over the current use, which consists pri~arily of underutilized Office/industrial space, aircraft maintenance and operations uses, retail and restaurant uses. The project is consistent with the Airport Master Agreement and the overall direction of the City I S existing and proposed land use policies. The project is consistent with the City'S stated goal to transform an underutilized public land asset into an innovative, high quality development producing revenue, employment, business opportunity, and related benefits. E. The Development Agreement and proj ect will have a posi ti ve fiscal impact on the city with annual guaranteed revenues of approximately $2,792,000 to $3,272,000 (1996 dollars) at buildout; one-time revenues for the Santa Monica/Malibu Unified School District of approximately $197,000 to $243,500; and one-time revenues to the City of approximately $4.7 to $5.85 million (1988 dollars). air2ccp - 4 - A T T A C H MEN T G3 CjED:EDD:PC:JPM:CSR: Council Meeting: October 3, 1989 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN RELIANCE DEVELOPMENT GROUP, INC. AND THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOivS : SECTION 1. The Development Agreement attached hereto as Exhibit "A" and incorporated herein by reference between Reliance Development Group Inc., a Delaware corporation, and the city of Santa Monica, a municipal corporation, is hereby approved. SECTION 2. Each and every term and condition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the city of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such - 1 - -Y'--.... ---. inconsistencies and no further, is hereby repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provision of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to give full force and effect to the provision of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not render invalid the remaining portions of this ordinance. The City council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~ 1....-. ~ ROBERT M. MYERS U city Attorney - 2 -