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SR-820518-12A~, ,, _z ~; PL:JLcnh Council NJtg.: May 18, 1982 -x :P T0: The Mayor and City Council FROM: City Staff Santa Monica, California SUBJECT: Proposed Development Agreement, 2701 Ocean Park Blvd. Introduction ~1~0' 1 8 1982 This report transmits a proposed development agreement for a mixed use building at 2701 Ocean Park Boulevard together with a Planning Commission recommendation for disapproval. Background The applicants, 27.01 Ocean Park Corporation, propose to enter into a development agreement for construction of a 3 story, 120,000 sg.ft. mixed commercial/residential building on a 169' by 385' C2 property currently developed with 7 conu-nercial tennis courts operating as Tennis Village of Santa Monica. The structure will include approximately 102,000 sq.ft. of commercial/office space, three levels of subterranean parking and 18 units of low and moderate income housing on the third floor rear. Total cost of the structure is estimated at $9,655,227. Under the terms of the proposed arrangement the applicant agrees to: 1. Maintain rents on the 18 units at rates affordable to persons of very low, low and moderate income for 40 years with actual rent not to exceed 25°s of a tenants monthly income. 2. Provide 4,000 sq.ft. of indoor space to be operated as a day care center either privately or by the City with the stipulation that instead of the day care area, the applicant can remodel and renovate the Fire Station in Clover Park as a center or, alternately, pay a fee of $2.0,000 to the City for every 1,000 sq.ft. of child care area not provided. i MAY 1 8 1982 Mayor and City Council -2- May 18, 1982 3. Purchase and distribute $2,000 worth of municipal bus tokens free to employees in the building for a period of 40 years with the provision that if the fares increase the $2,000 can be increased up to 8o per year. 4. Provide at least 30o of the total floor area in community oriented or residential uses. 5. No access to the rear of the building is allowed except for trash or fire. In exchange the City agrees to approve appropriate permits and process a tentative tract map for condominium purposes. Project Changes. In the interim since the Planning Commission meeting the developer has also met with neighborhood groups and made the following changes: 1. Corridors to the apartments have been opened to increase light and air to the units. 2. Vented skylights have been added to the unit for better lights and ventilation. 3. Landscaping has been added to each floor in back. 4. Security personnel will make exterior patrols. 5. A laundry for the residential units will be provided. 6. The landscaping and design have been modified to permit direct access to .the neighborhood commercial uses from Ocean Park Boulevard. 7. Parking has been .reduced from 4D3 spaces to 388 spaces but still exceeds the legal requirement by 24 spaces. 8. Residential tenants will be provided free parking spaces. Code Requirements. The current zoning permits two stories and 30' in height and does not permit housing but the Interim Guidelines adopted by Resolution 6385 propose to change the height limit to 3 stories and 35' if the second or third story is residential. Mayor and City Council -3- May 18, 1982 Planning Commission Action Following Public Rearing on April 19, 1982 the Planning Commission recommended disapproval of the proposed agreement. Voting on the motion for disapproval was 4 ayes, 2 nays and 1 abstention. Analysis Review of the proposed development indicates that it is essentially consistent with the provisions of Resolution 6385 and meets the intent of the Resolution by providing 18 low and moderate income dwellings, considers and mitigates potential detrimental effects on adjacent properties and satisfies. the requirement of Section 9812 in that it is: (a) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. (b) Is compatible with the uses authorized in the district in which-the real property is located (c) Is in conformity with the public necessity, public convenience, general welfare, and good land use practices. (d) Will not be detrimental to the health, .safety and general welfare. (e) Will not adversely affect the orderly development of property. (f) Will have a positive fiscal impact on the city. Mayor and City Council -4- May 18, 1982 Alternatives. Under the provisions of Section 9814 of Ordinance 1245(CCS) the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not_previously._considered back.. to the Planning_Commission for..... further Public Hearing and recommendation. Recommendation. Inasmuch as the proposed development is reasonably consistent with the provisions of Resolution 6385 it is respectfully recommended that the development agreement be approved on the following terms and conditions: 1. All interim changes agreed to including skylights, open corridors, exterior patrols, landscaping, laundry facilities and access be added to the agreement. 2. That construction be in substantial accordance with the plans submitted and approved except as modified by the Architectural Review Board. 3. That the height of the rear portion of the building be reduced to 35' above average natural grade and that parapets not exceed 42" above the roof level. 4. That the proposed agreement be amended to provide for the provisions of 30% of the total floor area in residential or community oriented commercial uses unitl such time as the ordinances of the City grovide otherwise. 5. That there be no access to the alley from the project other than pedestrian fire access as required and trash collection. 6. All utilities on Ocean Park Boulevard to be undergrounded for the entire frontage of the development in accordance with specifications approved by the General Services Department. 7. A fire hydrant be installed in accordance with the specifications and requirements of the General Services Department. Mayor and City Council -5-- May 18, 1982 8. Three underground serviced street lights be installed in accordance with the specifications and requirements of the General Services Department. 9. I^7ater and sewer connection fees be paid in accordance. with the requirements of the General Services Department. Prepared by: John Alschuler Mark Tigan Stan Scholl James Lunsford 1~ / ®pj MAY 1 8 1982 City Council Meeting - -82 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN 2701 OCEAN PARK CORPORATION 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 and incorporated by reference between 2701 Ocean Park Corporation, a California 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 the 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. J~ V ~ ~® ®a MAY 1 8 1982 City Council Meeting - -g2 ORDINANCE NUMBER Santa Monica, California (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN 2701 OCEAN PARK CORPORATION 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 and incorporated by reference between 2701 Ocean Park Corporation, a California 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 the 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. SECTTCN 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions 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 provisions 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 com- petent jurisdiction, such decision shall not render invalid the remaining portions of the 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 the 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. become effective 30 days from its adoption. APPROVED AS TO FORM: ,~ - ~°° ROBERT M. MYERS City Attorney The ordinance shall