sr-022310-13c13-C
February 23, 2010
Council Meeting: February 23, 2010 Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
To: City Council
From: Councilmember McKeown
Date: February 23, 2010
13-C: Request of Councilmember McKeown that Council direct staff to briefly
forego bringing Development Agreements involving expansion,
intensification,orchange of use before the Planning Commission or City
Council, until after the Land Use and Circulation Elements are adopted, so
that DAs will be considered in public hearings according to the standards
set forth in the new LUCE; but to continue processing DA applications as
resources allow, to the extent that such resources are not diverted from
timely completion of the LUCE.
13-C
February 23, 2010
~®
City of
~~~/// Santa Monica®
Information Item
Date: February 23, 2010
~3-CJ
To: Mayor and City Council
From: Eileen Fogarty, Planning and Community Development Director
Subject: Development Agreement Update and Current Status
Introduction
This information item updates the monitoring status of the City's Development
Agreements and forwards an attached chart for Council's information that contains a list
of the development agreements and their current status with respect to compliance.
Council may use this information in their review of existing Development Agreements.
Discussion
In preparing the attached chart, the City Planning Division has devoted significant staff
time and has comprehensively reviewed for compliance each of the eleven
Development Agreements currently in effect. Periodic monitoring. of a Development
Agreement also occurs at various stages of the projects through the following
mechanisms:
• Annual Reports
This past year PCD staff initiated a comprehensive review of all .existing
Development Agreements. Staff has requested annual compliance reports from
all eleven constructed Development Agreement projects.
• Estoppel Request
In instances where the property undergoes areal estate transaction, an estoppel
request is filed by the owner or buyer. An estoppel requires the City to
determine whether the project is in compliance- with the Development
Agreement. An estoppel request is a common trigger for monitoring compliance
and can result in the request for a compliance report if one is due and has not yet
been submitted.
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• Building Permits & Inspections
During the plan check process, the project is reviewed for compliance and
consistency with development agreement conditions and fee requirements. Plan
check allows for staff to monitor conditions related to aesthetics, materials,
specific parking requirements, structural features depicted in the detailed
mechanical plans and mitigation measures. Plans that are not consistent with
the conditions of the development agreement will not be issued a building permit
unless all outstanding issues are resolved and required fees paid.
• Certificate of Occupancy
Prior to issuance of a Certificate of Occupancy for the project, City staff review
the Development Agreement and visit the site for a final inspection to confirm
consistency with approved plans and the installation any required off-site
improvements, Staff also checks that all payments and fees required prior to
Certificate of Occupancy have been paid. No Certificate of Occupancy is issued
unless the provisions of the Development Agreement have been met and the
project is in compliance.
• Zoning Conformance
Zoning Conformance applications are routinely requested from lenders and
appraisers evaluating the subject properties. Staff reviews and prepares a letter
indicating outstanding compliance issues as part of the letter request.
Summary
As noted above, staff has requested annual compliance reports from all eleven
constructed Development Agreement projects. Staff has received compliance reports
from all parties except The Arboretum, Lantana East and Lantana South. The
Arboretum compliance report was due in November 2009 and the compliance reports
for the Lantana projects were due in January 2010.
Staff has reviewed all compliance reports received to date. Five projects have been
deemed in compliance. Staff is still reviewing recently submitted annual reports for
compliance (Sheraton Delfina - 530 Pico Blvd., formerly Bayview Hotel and Maguire
Thomas at 1733 Ocean Avenue) and continues to review the compliance report
submitted by St. Johns Health Center in November 2009. The City recently filed a law
suit against the owners of the Arboretum for non-compliance with their affordable
housing obligation and their compliance report remains outstanding. Staff is anticipating
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receipt of the compliance reports from the Lantana East and Lantana South projects
within 30 days.
Prepared by: Paul Foley, Principal Planner
City Planning Division
Attachment: Development Agreement Fees/Payments Update Chart - 2010
3
a
~~Devetopment Agr
A Name
...; .
Bayview CA Limited Partnership
eement Fees/Payment Upd
Type of Imj~rovement! Fee MktE anon
„. , 9 : ,
,.
1
Tide Shuttle Pr
ate 20'~Q
Fee Sfatus
<:.
ompliance Report Stators '
;
530 Pico Boulevard .
ogram
$50,000 + CPI; Paid annually to Big Blue Bus
Compliance report due annually from the date DA
was executed (6-29-83.) Compliance report
received 2/11/10. In review by staff.
2. Civic Enterprise Fund See Formula in DA; Fees are to be paid after
City's investment of $1 million in Civic
Auditorium
Yahoo Center (Previously MGM,
Housing Reauirements~ Provided 51 out of the 100 No Fees Owed
$2
652
909; Paid
Colorado Place I and II)
housing units at Colorado Place Phase III (Arboretum) ,
, Compliance report due annually from the date DA
2600-2800 Colorado Avenue
paid in-lieu fee for remaining 49. was executed (10-27-81). Compliance Report
received on 8/25/09. Deemed compliant on 12/8/09.
Arts & Social Service
Phase 1 Formula for Fee $1,376,874.55 OR satisfied with in kind
services; Satisfied with In-kind services
Phase 2 Formula for Fee $1,421,837 OR satisfied with in kind services;
ONGOING with In-kind services provided
No Fees Owed
Arboretum (Previously Colorado Parking & Traffic•
Place Phase III) Compliance report due annually from the date DA
2000 Colorado Avenue
Traffic Improvement Fee
$5 million; Paid was executed {12-16-87). Requested compliance
T
raffic Signal @ 20th & Broadway $ r
75,000; Paid eport on 11/16/09, due 12/16/09.
02/23/2010
.....
(Arboretum -Previously Colorado Housing Requirements Pending Lawsuit Compliance report past due. City filed law suit for
Place Phase III Cont'd.) non-compliance with affordable housing obligation.
payment for the first 448,250 SF
Care contribution
Courtyard)
edge at least $250,000 to SM Arts Foundation for art
be placed in public area of project site
INME (MN Bldg)
2700 Colorado Avenue
$2.2 Million; Paid
$250,000; Paid in 6 installments
X721,318.08; Paid
;ompleted installation of art at corner of
Olympic & Cloverfield -sculpture fountain
1210,000; Paid
No Fees Owed
25,000; Paid
750,000; Paid
1.5 million; Paid
25,000; Paid
No Fees Owed
ipliance report due annually from the date DA
executed (4/16/82). Compliance Report
ived 10/1/09. Deemed compliant on 11/09/09.
2 02/23/2010
a Del Mar (Arts & Social Service Fee Art installation to be provided on-site; Art
installation provided in common area
Ocean Avenue
No Fees Owed
St. Johns Health Center Reimbursement
1328 22nd Street After completion of Phase I, City is to determine if listed TBD, as Phase I is still under construction;
Campus includes areas between mitigation measures are necessary and will be Phase 1 under construction
20th Sf. & 23rd St., Arizona Ave. & reimbursed for the actual cost of installing such
Santa Monica Blvd., measures
and parcels south of Santa Monica
(1998 estimate); Paid
$641,000 in lieu of performing off-site
improvements; Paid
NPDES Compliance and City's Urban Runoff Pollution
ipliance report due annually from the date DA
executed (1/26/82). Compliance Report
ived 9/18/09. Deemed Compliant.
~mpliance report due July 1st of each calendar
ar. Compliance Report submitted on 11/06/09.
review by staff.
3 02/23/2010
~aevelapment Agre
4
..i ... a.. .... <.n ..
DA Name ' ;
t, ement Fees/P~ment Upda
T~rpe of Imp>•o~ementl Fee Mtttgat~on
,,.;.;..... te 2010
Fee Status
, Compliance Report Status
.~ :.
(St. Johns Health Center Cont'd)
Community Benefits Program ~
$30,000 in lieu fee used for cit ide filtration
project; Paid
$732,000 adjusted by 1.5% comp. annually
for 55 years in payment OR satisfied with in
kind services; St. John's submitted financial
documentation in Community Benefits Report
thafdemonstrates the value of in kind
services exceeds required amount for this
year
Watergarden Phases I & II Traffic Improvement Fee
1620 26 ~n Street & 2425 Olympic Phase 1 $3.95 million; Paid Compliance report due annually from the date DA
Boulevard was executed (3/23/88). Compliance report
submitted 8/4/09. Deemed compliant 9/18/09.
Phase 2 $2,458,486; Paid
Permit Parking District $101,535; Paid
Housing Requirements
Housing & Parks Fee $3,811,307; Paid
Arts & Social Services
Santa Monica Arts Foundation $150,000; Paid
Payment for Homeless Services $300,000; Paid
Sewage & Water Conservation
Payment $410,000; Paid
02/23/2010
E~evelomen dgre
DA Name
... ; ,... ~ment .Fees/Payment Upd~
Type of Improveme~t{`f F,ee M~tiga#ton
v.. w, ~e 2Q'~0
Fee Staters:.
..,
Compliance Re~aQrE Status
~:
,:.f. ,..... ... w . ,
Maguire Thomas Office Bldg. Housing & Parks
1733 Ocean Avenue Impact Mitigation Fee $2.25/SF for first 15,000 SF ofricelmed; $5/SF Compliance Report due annually from date of DA
for remaining net rentable office/med SF; Paid amendment (12/95). Received compliance report on
1/14/10. In review by staff.
Other
Civic Center/Oceanfront Improvement Special Fund $250,000 deposited prior to Certificate of
Occupancy; Paid
No Fees Owed
Rand Early Childhood Education Center $500,000 prior to issuance of Certificate of Compliance report due annually (does not specify a
1776 Main Street Occupancy; Paid date). Staff will request next compliance report on
8/4/10 -one year from this year's request. RAND
submitted Compliance Report on 10/5/09. Deemed
compliant on 11/04109.
No Fees Owed
02/23/2010
Lantana East
2900 Olympic Boulevard
ma South
Exposition Boulevard
Fee
contribution
' Edison Schodl Playground Partnership
4 of Exhibit G)
contribution
$133,350 in five equal installments of $26,670
with the first installment due on the first
anniversary date of the issuance of the C of O
and four subsequent installments on the
second, third, fourth, and fifth anniversary;
First payment collected 112010
Paid
00; Paid
is a cross requirement with Lantana
East
Paid
'66,650 in five equal installments of $53,330
th the first installment due on the first
niversary date of the issuance of the C of O
d four subsequent installments on the
cond, third, fourth, and fifth anniversary;
st payment due January, 2010; Unpaid as
2/19/10; Staff to follow-up
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pliance report due annually from Certificate of
ipancy issuance date (January, 2009). First
>liance report to be submitted January 2010.
owners working with staff to submit report.
report due annually from Certificate of
issuance date January, 2009. First
report to be submitted January, 2010,
report past due as of 2/19/10.
02/23/2010
ana South
Exposition Boulevard Cont'd)
Fee
Edison School Playground Partnership
4 of Exhibit G)
to monitor Neighborhood Traffic Protection
i,600; Paid; 4 annual payments anticipated
next 4 years
),000; Paid
l payment received. Additional costs
after completion of follow-up analysis
02/23/2010