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sr-051110-8aCity Council Meeting: May 11, 22010 Agenda Item: C.~"~ To: Mayor and City Council From: Eileen Fogarty, Director, Planning and Community Development Subject: Development Agreement Compliance Review Recommended Action Staff recommends that the City Council: 1) Review the status of Development Agreement compliance 2) Determine good faith compliance for those that are in compliance 3) Direct staff to return to City Council regarding the remaining Agreements Executive Summary In February of this year, staff sent an Information Item to City Council regarding existing Development Agreements compliance with specific fee obligations. A significant effort has been made during the past year to review existing Development Agreements and determine the level of compliance. The purpose of this report is to summarize the status of each of the City's Development Agreements, highlight compliance issues, and discuss next steps to address identified issues. Development agreements are negotiated contracts between the City and the applicant and are implemented by ordinance. Development agreements are generally reserved for projects proposed for the City's commercial and- industrial districts that involve at least one of the following project attributes: (a) complex multi-phase or multi-site projects, (b) complex projects of significant scope and scale, (c) complex projects that are expected to provide significant public benefits; or (d) projects involving extraordinary conditions or circumstances that make code compliance and text amendments inappropriate. Since the City has broad discretion in deciding whether to enter into a development agreement, the City has substantial opportunities to shape a project in a way that is beneficial and desirable for the City. One of the key elements of a development agreement are the public benefits, infrastructure improvements, and project mitigations that are being provided by the project applicant in return for being authorized to deviate from established zoning requirements. Staff has reviewed compliance reports for all 12 existing projects built pursuant to a Development Agreement with the exception of The Arboretum which is currently in litigation. Based on the review of each Agreement and the annual reports submitted by the developers, or successors in interest, to demonstrate good faith compliance, four of 1 the twelve Agreements are in compliance; five are in substantial compliance with limited staff follow-up required; two projects require more significant staff follow-up to ensure compliance with Agreement terms; and one is in litigation. Additionally, there are two that do not require monitoring since construction has not yet commenced. Staff will return to Council with a final summary of compliance review for the Development Agreements where follow-up is required to address identified areas of potential non- compliance. Each Development Agreement contains a unique time frame, obligations, and requirements. The obligations can be one-time or ongoing; some are fees, some are actual physical improvements, and some are ongoing services. The Development Agreements discussed in this report are listed below and include two Agreements where construction has not yet commenced (The Village and Hill Street Partners III). Constructed Development Agreements: • Rand Corporation • LantanaEast • Lantana South • Santa Monica College Parking Structure and Community Pool • Yahoo Center (Previously MGM, Colorado Place I and II) • NME (MTV) • Water Garden (Phases I and II) • Saint John's Health Center • Maguire Thomas Paseo Del Mar • Bayview CA Unlimited Partnership • Arboretum (Previously Colorado Place III) Development Agreement's not yet built: The Village e Hill Street Partners III (Ocean Avenue Hotel) Due to on-going litigation, compliance review of the Arboretum Development Agreement will occur at a later date. In addition to the 14 Development Agreements listed above, there are five other Agreements entered into prior to 1982 and therefore not subject to submittal of compliance reports with periodic compliance review but are required by state law to demonstrate good faith compliance annually. Furthermore, these projects did not feature the same level of community benefits and other requirements as found in more recent Development Agreements. These projects include: • Lincoln Property/Phase II of the Ocean Park Redevelopment Area • 1426 California Avenue • 2823-2825 Santa Monica Boulevard 2 • 1040 4tn Street (Dorchester) • 701 Santa Monica Boulevard While these projects precede the City's 1982 ordinance and are therefore not subject to code-mandated compliance review and are not further addressed in this report, requirements are being monitored by the appropriate departments to ensure compliance. Specifically, The Dorchester at 1040 4th Street is currently being reviewed by the City Attorney's office for compliance with affordable housing obligations. Background Chapter 9.48 of the Municipal Code establishes the processes and requirements for the City to enter into a Development Agreement. One of the provisions is annual review by the City Council of each approved Development Agreement to determine good faith compliance with the terms of the development agreement. Since the passage of this ordinance in 1982, 13 Development Agreements with private developers and one Development Agreement with a public entity have been enacted. This report provides a review of the 14 agreements subject to the provisions of the Municipal Code. Development agreements are negotiated contracts between the City and the applicant and are implemented by ordinance. Development agreements are generally reserved for projects proposed for the City's commercial and industrial districts that involve at least one of the proposed following project attributes: (a) complex multi-phase or multi- site projects, (b) complex projects of significant scope and .scale, (c) complex projects that are expected to provide significant public benefits, or (d) projects involving extraordinary conditions or circumstances that make public benefits, or (d) projects involving extraordinary conditions or circumstances that make code compliance and text amendments inappropriate. Since the City has broad discretion in deciding whether to enter into a development agreement, the City has substantial opportunities to shape a project in a way that is beneficial and desirable for the City. Some of the key elements of a development agreement are the public benefits, infrastructure improvements, and project mitigations that are being provided by the project applicant in return for being authorized to deviate from established zoning requirements. 3 The very nature of a Development Agreement means that each agreement is unique and contains different time frames, obligations, and requirements. The City monitors each Development Agreement through requiring an annual Compliance Report from each developeNproperty owner. Additionally, periodic monitoring occurs through other means, most notably in the context of estoppel requests which are filed by either the owner or buyer when the property undergoes a real estate transaction. Currently, either compliance reports have been submitted and reviewed or estoppel certificates have been issued for all post 1982 Agreements except for the Arboretum Agreement, which is currently undergoing litigation. In accordance with the Municipal Code statute governing Development Agreements, the applicant or successor must demonstrate good faith compliance with the terms of the agreement. Although not true with the older Development Agreements more recent development agreements specify how good faith compliance is demonstrated. If, as a result of the periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor has not complied in good faith with the terms or conditions of the agreement, the City Council may commence proceedings to enforce, modify, or terminate the Development Agreement. Discussion Over the past year the Planning and Community Development Department has assigned a team of planners to focus on the monitoring of Agreements. The first phase concentrated on contacting project representatives to ensure submittal of compliance reports together with a review of both City records and compliance reports to confirm that all fees due to the City were paid and on-going fee payments were current. Following completion of this work, the Department re-established systematic monitoring procedures and compiled comprehensive baseline information for each active Agreement. This included the following work outlined more fully in Attachment A: • Prepare a Master List of all Agreements to track status and compliance report due dates; 4 • Prepare a Master List of property owner/representative contact information to assist in sending notices and letters regarding compliance reports and hearings; and • Prepare a comprehensive monitoring spreadsheet for each Agreement to identify requirements that are completed, on-going, or are a future obligation. Summary of Active Development Agreements Below is a brief summary of each project, its key public benefits, and a discussion of issues that require further follow up by staff or action by City Council. This summary supplements the February 23, 2010 City Council Information Item which presented an update on Development Agreement monitoring and the status of Development Agreement fees and payments. Based on staff's review of each Agreement, four of the 14 Agreements are in full compliance; five are in substantial compliance with limited staff follow-up required;-two projects require more significant staff follow-up to ensure compliance with Agreement terms; one is currently in litigation; and two do not require monitoring because construction has not yet commenced, although annual reports are required and have been requested. Rand Corporation 1776 Main Street Agreement Effective 11/23/2000 Expires 11/23/2055 In Compliance The Rand Corporation Agreement involved the demolition and remediation of the existing buildings on the 3.7 acre project site located at 1776 Main Street and the construction of a 308,869 SF headquarters for Rand Corporation. The new five-story, 69' tall building houses research-related facilities, management, staff cafeteria, fitness room, and meeting/conference rooms. Parking is provided in afour-level, 825-space subterranean parking garage. :J Public Benefits Summary • Land dedication and construction of Vicente Terrace • Land dedication for Main Street Circle should this be constructed • Transportation Demand Management Program • Policy Analysis Partnership on Childhood Development and Education including pursuing research funding for early childhood development • Early Childhood Development Research, including organizing conferences and maintaining a child policy website, www.promisinppractices.com • $500,000 contribution to Early Childhood Development Programs/Early Childcare Education in the Civic Center Status of Compliance The required annual compliance report was received by staff on October 5, 2009. The property owner is in full compliance with all Development Agreement fee payments, public benefits and operational requirements. Lantana East 3030 Olympic Boulevard Agreement Effective 10/28/2004 Amended 8/2008 Expires 10/28/2024 In Compliance Lantana East consists of a 3-story, 64,105 SF building containing entertainment production/post-production studio space and a total 433 parking spaces provided in a subterranean parking garage and surface lot. Public Benefits Summary • $356,200 joint use improvement fee for improvements to Edison School, plus $35,600 paid annually for 5 years (this requirement is shared with Lantana South) • $266,650 childcare contribution • $90,000 arts fee • New public restrooms at Stewart Park • Construction of neighborhood traffic protection improvements 6 • Off-site roadway improvements Status of Compliance An estoppel certificate was issued in December 2009 and a Certificate of Performance was fully executed on April 1, 2010. The property owner is in full compliance with all Development Agreement fee payments, public benefits and operational requirements. Lantana South 3131 Exposition Boulevard Agreement Effective 10/28/2004 Amended 8/2008 Expires 10/28/2024 In Compliance Lahtana South consists of a 3-story, 130,000 SF building for entertainment production/post-production studio space with a total of 456 parking spaces located within a subterranean garage and surface lot. Public Benefits Summary $356,200 joint use improvement fee for improvements to Edison School, plus $35,600 paid annually for 5 years (this requirement is shared with Lantana East) • $133,350 childcare contribution • $60,000 arts fee Off-site roadway improvements Status of Compliance An estoppel certificate was issued in December 2009 and a Certificate of Performance is pending execution. The property owner is in full compliance with all Development Agreement fee payments and public benefits, and operational requirements. Santa Monica College Parking and Community Pool 1900 Pico Boulevard Agreement Effective 11/14/1989 Amended 1/99; Restated 12/2000 Expires 12/31 /2014 . In Compliance ~ ~~ 3 ~ ~ b~ 6P e" a'~ ~ msg. ~° ~, ~~ ~~ ~" ~~ QF _ H Q• ~ ~ E~ This Development Agreement covers specific locations on the Santa Monica College Campus, including 3 parking structures (A, B and C) and the Municipal Swimming Pool, which is located on the northwest side of the campus. The Municipal Pool Facility is a 28' tall building surrounded by an 18' sound wall. Parking Structure B, with a total of 486 spaces, was approved for a maximum height of 30' and 165,000 square feet of gross floor area. The restated agreement lists parking structures A and C as completed prior to the restatement, and are no longer included in the Development Agreement terms. The original Development Agreement between the City and the District was entered into on November 14, 1989. Due to damage sustained in the Northridge earthquake, the agreement was revised on January 12, 1999, to relocate a damaged parking structure and rebuild the Municipal Pool Facility in its place. Public Benefits Summary Santa Monica Swim Center, a first class recreational facility open to the public with guaranteed parking availability at peak hours • Improved circulation for neighborhood, with relocated traffic signals and 16tH Street parking structure rebuilt as exit only with right turn toward Pico Boulevard • Earthquake-damaged parking structures replaced to meet. needs of college community and to reduce impacts on neighborhood Status of Compliance The required annual compliance report was received by staff on April 30, 2010. A Joint Operating Agreement between the City and the Community College District regulates parking for pool users as well as hours of operation, staffing requirements and 8 maintenance. The property owner is in full compliance with all Development Agreement fee payments, public benefits and operational requirements. Yahoo Center 2600-2800 Colorado Avenue Agreement Effective 10/27/1981 Amended 4/84; 7/84; 5/85; 12/87 Expires 9/15/2036 In Substantial Compliance The project was approved for approximately 900,000 SF of office uses along with a daycare center, park, health club, food services and community rooms. Building heights range from 65' to 80'. On-site parking structures currently contain 3,085 parking spaces. Public Benefits Summary • Child care center (Hill `N Dale) • Public park with tennis courts, children's play structure, basketball court, and public gathering space • 51 units of affordable housing which per an agreement between the City Housing Authority and the County, are monitored by the County and a contribution of $2,652,909 to the City's Affordable Housing fund • Community rooms open to the public and available free of charge for community & neighborhood groups • Nearly $3 million worth of art and social service benefits through Park & Community room maintenance • Transportation Demand Management Program • Off-site traffic signal, street lighting, and turn lane improvements Status of Compliance The required annual compliance report was received by staff on August 25, 2009. The property owner is in full compliance with all Development Agreement fee payments and public benefits. However, review of the existing parking utilization is necessary to confirm that the use of the parking is consistent with the Development Agreement. 9 NME (MTV) 2700 Colorado Avenue Agreement Effective 4/16/1982 Amended 1/87; 4/87; 5/88 Expires 4/16/2037 In Substantial Compliance The project consists of a 5-story, 312,000 square foot building with creative offices known as MTV Networks. The site also contains an 800 square foot day care center, a 7,200 square foot public park, and a 1,000 space subterranean parking garage. Public Benefits Summary • Provision of 30 affordable rental units, later amended to require the payment of a $1,500,000 in lieu fee • On-site child care center; • Payment of $25,000 to Santa Monica Arts Foundation Park of approximately 7,200 square feet to be open to the public during reasonable hours Status of Compliance The required annual compliance report was received by staff on October 1, 2009. Review of the Agreement indicates that the project is in general compliance. However, additional investigation is needed to ensure that the development is in compliance with the child care provisions of the Agreement. Water Garden (Phases I & Ili 1620 26th Street & 2425 Olympic Boulevard Agreement Effective 3/23/1988 Expires 3/23/2043 In Substantial Compliance 10 ~~ ~ ~ ~ , ~~w ocuR ~ P° The project was constructed in two phases and consists of four, six-story buildings, totaling approximately 1,259,577 SF. The development contains commercial office, medical office, retail space, restaurants, health club, child care facility, and subterranean parking for 4,035 vehicles. The development also includes an open space area and man-made lake. Public Benefits Summary " • $3,811,307 Housing and Parks Mitigation Fee payment • On-site child care facility for 54 children • Transportation Demand Management Program submitted annually to the City • $6,408,486 Traffic Improvement Fee payment • Annual preferential Parking District fee paymerit to cover permit and district administration costs • $150,000 fee payment to the Santa Monica Arts Foundation • $300,000 fee payment to the City for homeless services Status of Compliance The required annual compliance report was received by staff on August 4, 2009. After reviewing the Agreement terms, all of the supporting documentation provided to the City, and conducting a site visit, it appears that Water Garden is in good faith compliance with the terms and conditions of its Development Agreement. Staff is following up on several minor issues concerning verification of addresses and income eligibility of scholarship recipients attending the on-site child care facility and developer consultation with the Arts Commission regarding selection and placement of on-site art works. In addition, staff is working with the Public Works Department to confirm submittal of previously-prepared off-site improvement plans. Saint John's Health Center 1328 22"d Street Agreement Effective 6/9/1998 First Amendment Pending Expires 6/9/2053 In Substantial Compliance subject to Development Agreement Amendment 11 The Agreement grants approval for construction of new hospital facilities that would occur in two phases. Phase I consists of vested rights fora 10-year term, subject to extension, for the construction of a new 475,000 square foot hospital with a total of 468 parking spaces that includes: • Below-grade central plant Inpatient Center (205,000 SF & maximum height of 75 feet); • Outpatient and Diagnostic & Treatment Center (265,000 SF & maximum height of 58 feet) with ambulance entrance and North Lawn • 442-space North Subterranean Parking Garage and Entry Plaza • 26 parking spaces located in various areas on site Phase II has a 17-year vested rights term, subject to extension, to implement a health center master plan with sufficient floor area for health care-related uses and parking as outlined in the Agreement; the City retains broad discretion to review future applications for Phase II buildings. Key components include: • Permit construction of up to 799,000. square feet of hospital and hospital-related development with maximum building heights ranging from 70-95 feet; • Requires City approval of a South Campus Master Plan prior to approval of any Phase II buildings; • Development Review Application required prior to approval of any Phase II buildings; and • CEQA determination/review required for Phase 11 buildings. Public Benefits Summary • Community Benefit Program and Annual Plan: program to support the health and well-being of Santa Monica residents and community; annual plan summarizes benefits provided and economic valuation (Fiscal Year 2008: equal to $31,025,732 for the value of benefit activities, cash support, and unreimbursed Medicare costs). • Santa Monica Community Access Plan: included in the Annual Community Benefit Plan, delineating recipient agencies; dollar value; level of service provided to non-profits, the Santa Monica-Malibu School District; charitable medical and mental health service provided; free health education; and preventive health service provided (minimum $732,000 dollar value subject to 1Yz% compounded annual adjustment). • Child Care Program: providing a minimum of 49 full-day child care for employees and the community; 21 of these spaces must be infant/toddler care. • North Lawn: 41,000 SF of public open space, including landscaping, benches and walkways. 12 • Off-site traffic mitigation improvements: payment of a minimum of $332,000 in fees fo the City to construct improvements. • Off-site public works improvements: payment of $641,000 in fees to the City to construct sidewalks, curbs, streetlights, and street paving in the project area. Status of Compliance The required annual compliance report was received by staff on November 6, 2009. After reviewing the Saint John's Development Agreement, all of the supporting documentation provided to the-City, and conducting an extensive site visit, it appears that Saint John's is in substantial compliance with the terms and conditions of its Development Agreement. Staff is following up on a few less significant issues, one of which is to ensure that PCD has on file copies of various previously-prepared reports/calculations. The second issue involves a requirement to construct a minimum three-foot screen wall to reduce the visibility of the emergency department parking area on Arizona Avenue. The required landscape buffer has been planted; however, the low screen wall has not yet been constructed. Saint John's is working with City staff to resolve the inconsistency. In 2007, Saint John's Health Center filed an application to amend its Development Agreement to defer for ten years construction of the 442 space north subterranean parking garage and Entry Plaza accessed off of Santa Monica Boulevard that was approved as part of the third stage of Phase I Development on the site. The applicant proposes to lease off-site parking spaces to satisfy the majority of its parking requirement and construct an interim entry plaza for use during the period of deferment. This request will be considered by City Council later this year. PCD has assigned a Code Compliance Officer to serve as the primary point of contact for code enforcement matters related to Saint John's construction. Staff continues to work closely with both Saint John's and concerned parties to reach resolution and compliance on issues related, in particular, to the ongoing construction activities on site such as suspected noise ordinance and construction hours violations. 13 Saint John's is currently performing necessary upgrades to the design of their sewage disposal facility that was originally approved by the CA Office of Statewide Health Planning and Development (OSHPD). Specifically, Saint John's is performing upgrades to three sewage pits in response to administrative citations issued by the City for exceeding the limit of hydrogen sulfide discharge into the City's sanitary sewer system. This corrective action is being performed pursuant to a compliance schedule that has been established with Public Works Department and City Attorney's Office oversight. Work has been completed for pits #1 and #2; it is anticipated that work on pit #3 will be completed by May 24, 2010. Saint John's will continue to provide the City with bi- weekly status reports on the progress of remediation requirements until all work is completed to the City's satisfaction. The City will also continue to sample the Saint John's outflow on a weekly basis until full compliance is achieved. Maguire Thomas 1733 Ocean Avenue Agreement Effective 10/18/1990 AmendedlReinstated 12/95 Expires 10/18/2045 In Substantial-Compliance This Agreement authorizes construction of a 4-story, 56 foot tall mixed-use commercial development. It allows fora 68,040 square foot building, including a maximum 5,983 square foot/250 seat restaurant and a maximum of 8,040 square feet of retail space. Three levels of subterranean parking provide 267 parking spaces. Public Benefits Summary • $250,000 contribution to the Civic Center/Oceanfront Improvement Special Fund • $403,399 Housing and Parks Impact Mitigation Fee • $820,854 Affordable Lodging Mitigation Fee 14 Status of Compliance The required annual compliance report was received by staff on January 14, 2010. All of the public benefit fees have been paid in full and these requirements are completed. Compliance Report review and site inspection has determined that the development is in substantial compliance, with a few outstanding issues. In order to ensure full compliance, staff has requested that the property owner provide additional information regarding the valet parking operation, public parking rates on weekends and holidays, transportation management plan, and affirmative action practices. Paseo Del Mar 1541 Ocean Avenue Agreement Effective 1/26!1982 Expires 10/1/2031 Follow-up Required „no ~q ~ i>3 ~ p~ ~ The project consists of approximately 54,000 SF in two buildings ranging in height from 28 to 36 feet. Uses include restaurant, office, retail, and 10 units of low, median, and moderate income housing. The subterranean parking garage contains 72 spaces. Public Benefits Summary • 10 deed-restricted affordable housing units at a prime oceanfront location • $75,000 Art and Social Service fee or in-kind provision of art on-site • Parking, Carpool, and Transit Incentive Program Status of Compliance The required annual compliance report was received on September 18, 2009. The City's Housing Division actively monitors compliance with housing affordability. requirements. Staff has requested additional income verification from the property owner for two tenants to ensure compliance with resident income requirements. Additionally, the Agreement has a public art contribution. A portion of this has been paid 15 ' with the remainder being satisfied through the installation of on-site art. Staff has requested documentation to verify this statement. Staff has also requested further documentation to ensure full compliance with the Parking, Carpool, and Transit Incentive Program. Bayview CA Unlimited Partnership 530 Pico Boulevard Agreement Effective 6/29/1983 Expires 12/1/2022 Follow-up Required ° ~ ,a ~~ ~~ This Agreement allowed for the 72,400 square foot expansion of an existing Holiday Inn hotel. The development included the addition of 134 hotel rooms and 282 parking spaces. The hotel is currently operated by the Sheraton Delfina. Public Benefits Summary • Hiring priority to Ocean Park and Pico neighborhood residents, and then to other City residents • Job Training Program, with priority given to Santa Monica High School Students and City residents (this requirement expires in 2011) • Hotel Room Voucher Program (this requirement expired in 1996) • Free Hotel Parking with sign denoting this in parking area • Valet parking tipping prohibition with sign denoting this in parking area • Relocation of on-site, rent-controlled apartment buildings (five of these units were subsequently converted through the TORCA process) • $50,000 annual contribution to the Big Blue Bus for the Tide Shuttle operation (this requirement expires in 2011) • Six rent controlled units added to the existing building at 1920 6th Street • Installation of public art piece approved by the Arts Commission Status of Compliance The required annual compliance report was received by staff on February 11, 2010. There have been some on-going compliance issues with certain operational requirements, in particular, the parking provisions. Additionally, staff has requested 16 supplemental information to verify compliance with the Agreement's hiring program provisions and Job Training Program. Follow up is also required regarding the public art piece and necessary landscaping on hotel room balconies. However, both Code Compliance and Planning staff have been working closely with the hotel operator to ensure on-going compliance with these requirements. Arboretum (Previously Colorado Place III) 2000 Colorado Avenue Agreement Effective 12!16/1987 Amended 12/88; 2/95 Expires 1/1/2042 Follow-up Required He ~ , .;. * ~ ; ~, a~ ~ ~ m 4`~ ~y $ u tC } l This Agreement involves the construction of Phase III of Colorado Place, a 12.7 acre parcel located on Colorado Avenue. The Agreement initially allowed for the construction of 1,040,490 square feet of floor area, with a Floor Area Ratio of 1.85, and specifically allowed 25,000 square feet of restaurant space, 10,000 square feet of retail, 35,000 square feet medical office, 20,000 square feet for banks, up to 720,490 square feet for commercial office space, a 270,000 square foot hotel, and a 60,000 square feet for a health club. However, subsequent modifications to the Development Agreement removed the hotel as a permitted use, and allowed for a general market/grocery use (not to exceed 50,000 square feet), and multi-family residential development with some affordable units. The Agreement indicates that no building may exceed a height 84 feet at specified locations. Public Benefits Summary Transportation Demand Management Program/Traffic Emission Abatement Program $721,318 Housing Parks Mitigation Fee • $5,000,000 Traffic Improvement Fee • On-site art installation $250,000 child care contribution 17 Status of Compliance The City filed litigation to enforce the property owner's compliance with the Development Agreement's affordable housing requirements. The parties are currently in settlement negotiations and it appears that there will be a settlement. The Village 1725 Ocean Avenue Agreement Effective 5/27/2008 Expires 12/31/2028 Compliance Not Required at this Time O l~G e ~ ~°~. ACS' Gq o`mR TG ~Sa~ ~C~. 4 Q~ G4v'~" t5'~ Q :.: ~ ~ The Village development provides six residential buildings with approximately 324 residences, and approximately 20,000 square feet of commercial retail on three separate development sites. The following summarizes the number of units, height and square footage per site: Site A • Two condominium buildings, with ground floor retail on Ocean Avenue • Olympic Drive and Main Street frontages with approximately 66 residences • Maximum 65' building height • 109,346 gross square feet (GSF) of residential and 9,930 GSF of retail uses • 180 parking spaces Site B: • 4 affordable apartment buildings with ground-floor live/work space • Approximately 28 one-bedroom, 56 two-bedroom, and 66 three-bedroom units • 10 affordable units of live/work space intended for artists Maximum 60' building height • 191,549 GSF • 197 parking spaces Site C: • One condominium building with ground floor retail • Approximately 98 one-bedroom and 98 two-bedroom residences • Maximum 96' building height 18 • 159,288 GSF of residential. and 7,400 GSF of retail uses • 237 parking spaces Since this project has not advanced to the building permit stage, pubic benefits have yet to be realized and there are no compliance issues to report. However, an annual report is still required and has been requested. Hill Street Partners III 1333-1337 Ocean Avenue Agreement Effective 4/24/2007 Expires 4/24/2027 Compliance Not Required at this Time This Development Agreement allows development of a new 73-room hotel which includes the adaptive re-use of two designated City Landmark properties. The project contains a total of approximately 41,810 square feet over a 129 space subterranean garage. The project includes the demolition. of two commercial buildings on the property and the on-site re-location of the Landmark Victorian building to create a publicly accessible plaza in the center of the site. Building permits have not been submitted on this project. Since this project has not advanced to building permit, public benefits have yet to be realized and there are no compliance issues to report. However, an annual report is still required and has been requested. Public Outreach The Code requires that that the City provide at least ten days' notice to the Applicant or Successor of the City Council's scheduled meeting to review the agreements. This notice has been provided. 19 Next Steps Staff will continue to follow-up on any outstanding issues and bring this item back to Council with a final summary of Development Agreement compliance for those Agreements where follow up is required. Financial Impacts & Budget Actions All fees associated with Development Agreements have been paid to .date. The recommendations presented in this report do not have any direct budget or fiscal impact. Prepared by: Amanda Schachter, Planning Manager Approved: Attachment A: Forwarded to Council: ,'C~r~ Rod Gould City Manager • Procedures & Policies for Development Agreement Compliance Monitoring 20 Development ATTACHMENT A Procedures and Policies for Development Agreement Compliance Monitoring The Planning and Community Development Department (PCD) has begun implementation of a program to comprehensively monitor compliance of each of the Development Agreements that are currently in effect and require monitoring pursuant to the terms of the agreement. The City has 12 Development Agreements where the project has been completed or commenced construction; there are two development agreements where the property owners have yet to initiate the building permit process. In addition, there are five agreements that are not subject to Development Agreement monitoring by PCD but are subject to ordinary compliance with the terms of the entitlements. Monitoring procedures have been updated and strengthened to better ensure that all Development Agreements are systematically reviewed and potential areas of non-compliance are identified, addressed by staff, and corrected by the applicant/responsible party in a timely manner. Development Agreement Compliance Monitoring Team PCD has established a team of planners overseen by the Planning Manager to handle Development Agreement compliance monitoring. Each Development Agreement has been assigned to a staff member who is responsible for completing the various steps required to monitor compliance with agreement terms. These steps include preparing monitoring spreadsheets, reviewing compliance reports, conducting site visits as needed to verify compliance, and working with applicants/responsible parties to resolve areas of potential non-compliance. The team has focused its initial efforts on re-establishing systematic monitoring procedures and a comprehensive baseline of information for each active Development Agreement. The team has also continued to conduct its periodic review of the annual compliance reports that have been submitted to the City. 21 Development Agreement Compliance Monitoring Procedures Key components of the City's monitoring procedures include the following: Establish a Master List of all Development Agreements Monitored by PCD. A master list of Development Agreements has been established with pertinent information regarding execution date and term of the agreement; timing requirements for annual compliance report submittal; and status of compliance report review. This list provides staff with a summary tool for easily tracking the status of annual compliance report submittal and review. Establish a Master List of all Development Agreement Contact Information. A master list of property owner representatives has been established to facilitate contact regarding compliance issues, notification regarding compliance report submittal, and notification of City Council compliance hearings. Establish a Comprehensive Monitoring Spreadsheet for Each Agreement. Staff has prepared a spreadsheet for each Development Agreement that comprehensively identifies the following information: • Each term of Agreement • Requirements that are ongoing or remain a future obligation • Action(s) taken in conjunction with each requirement • City department responsible for monitoring • Status of compliance for each Agreement This documentation for each Agreement has been established so that staff is better able to systematically monitor compliance throughout the year and more efficiently review the applicant/responsible party's annual Agreement compliance reports. Implement Systematic Notification for Annual Report Submittal. Staff has devised a system where a courtesy letter will be sent by staff to the applicant/responsible party 60 days in advance of the date that annual compliance reports are due to the City. The date that annual compliance reports are due to the City 22 varies based, typically, on the anniversary of the date the Development Agreement was originally executed. With the recent establishment of the Master List described above, these due dates are readily available and will enable staff to send a courtesy reminder and also send follow-up correspondence if reports are not provided in a timely manner. Conduct Review of Annually-Required Compliance Reports. As described above, staff has already created a comprehensive monitoring spreadsheet for each Development Agreement that includes a detailed description of each term of the Agreement and the action the applicant/responsible party has taken, or the status of compliance. This document is used to assist in staffs annual compliance report review submitted for each Agreement. When monitoring projects that have completed construction, staff pays particular attention to ensure that ongoing obligations continue to be met; for example, provision of childcare programs; provision and maintenance of open space; provision of required parking spaces; payment of various in-lieu or mitigation fees, etc. As part of staff's periodic review, site visits are also conducted if necessary to document compliance while terms of the Agreement. Following the completion of initial compliance report review, staff will send afollow-up letter to either require compliance with specific terms of the Agreement that are out of compliance, or certify that the project is in good faith compliance with the terms of the Agreement. For compliance issues that remain unresolved and out of compliance, Planning staff can refer the matter to the City's Code Compliance Division for documentation and enforcement action. Additional Periodic Monitoring. Periodic monitoring of a Development Agreement also occurs at various stages of the projects through the following mechanisms: • Estoppel Request. In instances where the property undergoes a real estate transaction, an estoppel request is filed by the owner or buyer. An estoppel requires the City 23 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. 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. A Certificate of Occupancy is not 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. Future Development Agreements. As new Development Agreements are executed, information will be logged into the Development Agreement Master List so that periodic review dates and annual compliance. report submittal are immediately tracked. Finally, before closing out the project file following Council approval, each Development Agreement project manager will be required to create the comprehensive monitoring spreadsheet for the project so that tracking and monitoring of requirements commences immediately. This will be particularly useful in systematically identifying project obligations that are timed for implementation prior to plan check submittal and/or prior to issuance of a building permit (submittal of studies, payment of construction deposits and mitigation fees, etc.). 2a