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City Council Meeting: September 14, 2010
Agenda Item: 7-D
To: Mayor and City Council
From: Eileen P. Fogarty, Director of Planning and Community Development
Subject: Development Agreement 10-001 and Mitigated Negative Declaration for
the Construction of a New Biotechnology Research and Development
Facility
Amendments and Added Conditions
The following correction, amendments, and added conditions are recommended for
inclusion into the City Council report and Development Agreement:
Correction
1. Page 19 of the City Council. report should indicate that the Development
Agreement is Attachment C. It is incorrectly stated as Attachment B.
Amendments
1. The reference to Exhibit "O" of the Development Agreement on page 39 should
eliminated. The Mitigation Monitoring Plan is part of the Resolution adopting the
Mitigated Negative Declaration and the Mitigated Monitoring Plan and is not
included in the Development Agreement.
2. Amend Exhibit D of the Development Agreement (CON-1 (a)) and Condition #38
to state that noticing of construction activities will be provided to the
neighborhoods bounded by Stewart Street, Centinela Avenue, Pico Boulevard,
and Exposition Boulevard and the Mountain View Mobile Home Park in-lieu of
specific radius notices.
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6.1 Architectural Review Board Ap rp oval. Most elements of the design review process have
been incorporated in the review process of this Agreement and have been considered and
approved by the City Council pursuant to this Agreement. Therefore, only the Project's
landscaping and signage shall be subject to review and approval or conditional approval by the
ARB in accordance with design review procedures in effect under the Existing Regulations.
Except for landscaping and signage, the ARB shall not review any features which are
specifically approved by this Agreement or in the Project Plans. The ARB shall have no
authority to disapprove or conditionally approve or otherwise adversely affect any features or
matters which have been specifically approved by this Agreement or in the Project Plans
(including without limitation height, intensity, setbacks, building location and orientation and the
structural design of the Project) unless expressly authorized to do so by this Agreement.
Decisions of the ARB are appealable to the Planning Commission in accordance with the
Existing Regulations. Notwithstanding the foregoing, prior to the issuance of a building permit
for the Project, Agensys shall consult with the Planning Director or her designee to address the
issue of solar access on the windows of the eastern and western facades of the Project's south
building.
City Council Meeting: September 14, 2010
Agenda Item: '~
To: Mayor and City Council
From: Eileen P. Fogarty, Director of Planning and Community Development
Subject: Development Agreement 10-001 and Mitigated Negative Declaration for
the Construction of a New Biotechnology Research and Development
Facility
Recommended Action
Staff recommends the City Council:
1. Adopt the Mitigated Negative Declaration.
2. Introduce for first reading an ordinance adopting Development Agreement 10-
001.
Executive Summary
The proposed Agensys, Inc. project provides the opportunity to retain this long-standing
employer within the City of Santa Monica and to consolidate operations into astate-of-
the-art facility that will also provide many community benefits. Agensys, Inc., a bio-
technology company specializing in the research and development of cancer
pharmaceuticals, has been in Santa Monica since 1997 with facilities located throughout
the City. Agensys, Inc. is seeking to consolidate its operations into a single site in
Santa Monica and therefore is proposing a Development Agreement to allow a net
increase of approximately 31,000 square feet of floor area. The site is located in the
Bergamot Transit Village District of the recently adopted Land Use and Circulation
Element (LUCE) of the General Plan.
Agensys, Inc. specializes in therapeutic antibody research and development currently
focuses on treatment of fourteen different types of tumor cancers. The Company has
the capabilities to generate, develop, manufacture and move into clinical trials.
Agensys is owned by parent company, Astellas, formed from the merger of Japan's third
and fifth largest pharmaceutical companies. Astellas has approximately 15,000
employees worldwide and is committed to becoming a global leader in the field.
The location of the project next to the future Exposition light rail station at Bergamot
provides several opportunities to achieve important goals articulated in LUCE. Because
of its location next to the rail station, the project is able to reduce the parking supply and
rely on an aggressive Transportation Management Program consistent with the vision in
LUCE to reduce single occupant vehicle trips. The redevelopment of the site also
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provides the opportunity to connect the neighboring community with the Expo light rail
station through a landscaped pedestrian pathway.
The Agensys, Inc. Development Agreement proposes many community benefits that will
only occur on the site if the proposal is approved. The community benefits offered
through the Development Agreement include:
• A publicly accessible pedestrian pathway to allow pedestrian connectivity to
the planned light rail station at Bergamot Station and the uses at Bergamot
Station
• Publicly accessible passive open space along Stewart Street
• Widened sidewalk along Stewart Street to further facilitate pedestrian
connectivity
• A cafe open to pedestrians during limited daytime hours
• An aggressive Traffic Demand Management Program geared to the project
site's location within a "Higher Goal" District designated by the LUCE
• A sculpture garden with up to ten sculptures adjacent to the pedestrian path
• A local hiring program including a job fair and a local hiring policy
• A student internship program
• Student tours
• A signage and way-finding system
• Shared parking for events at Bergamot Station
• Continued community outreach
• A one-time transit contribution toward improved transit infrastructure focused
on bicycle access at the light rail station
An additional community benefit is retaining astate-of-the art "home grown" company
within the City of Santa Monica. Its presence will continue to provide broad cross-
fertilization opportunities within the City's healthcare sector, including attractive
employment opportunities and communication with the local medical provider
community. Retaining Agensys in Santa Monica will enable the company to expand
and continue its leadership role from a base in Santa Monica rather than elsewhere.
Currently there is a permitted project for the site that is on hold pending the outcome of
the Agensys Inc. Development Agreement application. The permitted project consists
of fagade improvements, renovation of the existing buildings and the addition of 7,315
square feet of floor area, and would house an entertainment production company. If the
proposed Agensys Inc. Development Agreement does not move forward, the permitted
project would likely recommence and the existing configuration of the buildings would
remain on the site.
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As recommended by the Planning Commission and City Council on February 17, 2010
and April 27, 2010, staff proceeded with the proposed Development Agreement with
Agensys, Inc., in which the applicant and the City:
1) Achieved a design with uses that achieve the LUCE vision. Specifically, an
emphasis on the scale and design of new construction were considered.
2) Negotiated public benefits such. as a Pedestrian Path; Pedestrian Cafe Open to
Public; Public Open Space; Widened Sidewalk along Stewart Street; Local Hiring
Program; Internship Program; Student Tours; Signage and Wayfinding System;
Shared Parking; Continuing Community Outreach; Transit Contribution.
3) Negotiated Transportation Demand Management measures to reduce single-
occupant vehicle trips.
Background
The site is currently occupied by two buildings totaling approximately 138,000 square
feet. The building located near the rear (west) of the site is a two-story, "L" shaped
building that has been most recently used as entertainment production office space,
while the second building is a steel warehouse structure that has also been used for
filming and movie production. On February 19, 2009, the City approved an
Administrative Approval application to allow facade improvements, renovation of the
warehouse structure, and the addition of 7,315 square feet of mezzanine space for a
new entertainment production company. Construction on this project has temporarily
paused while the Agensys Inc. Development Agreement is in process. If the DA is not
approved, construction would likely recommence and the site would be reactivated,
without the inclusion of the community benefits.
Original Submittal
Since summer of 2009, City staff has been reviewing design plans and working with the
applicant to address the massing, circulation, pedestrian orientation and siting of the
building. The initial concept plans were designed with a large setback from Stewart
Street to accommodate surface parking, and a corporate office complex aesthetic more
commonly seen in a suburban setting. In response to staff input, the applicant
redesigned the building to create a stronger connection to Stewart Street and a greater
3
distance between Bergamot Station and the rear of the proposed project. This large,
rear setback area created an opportunity to provide ground-level public open space.
In consideration of the opportunity for ground-level public open space, the site plan
evolved further to incorporate a pedestrian path across the site, from east to west. The
-path was identified as a necessary component of the project to provide pedestrian
access to the proposed on-site open space, Bergamot Station, and the planned
Bergamot Station light rail stop. Given this emphasis on pedestrian access, the
applicant also proposed widening the sidewalk along Stewart Street, directly in front of
the building, from seven feet to 10 feet.
Staff also expressed concern about the massing and articulation of the proposed
building, and commented on the linear length of the. front elevation and the need for a
break in-the plane of the building: The applicant initially addressed these issues with
building materials and varying setbacks. The resulting rendering is shown below:
Furthermore, staff expressed concerns to the applicant regarding the amount of on-site
parking proposed. Given the site's proximity to the planned Bergamot light rail station,
staff believed a significant reduction of parking spaces was possible and would help
4
Initial Stewart Street Concept Rendering
Agensys, Inc. achieve a higher average vehicle ridership (AVR) level as well as the
LUCE goal of No Net New PM Peak Hour Trips.
Planning Commission Float-Uo
Based on stafFs initial comments, the applicant worked to address issues concerning
urban design, parking, and pedestrian accessibility. A revised plan was presented to
the Planning Commission on February 17, 2010. Although an improvement, the
corporate character and design did not reflect the existing arts and industrial
development pattern in the neighborhood.
Rendering presented to the Planning Commission on February 17, 2010
The Planning Commission recommended that the architectural style be reconsidered to
reflect an arts/industrial theme. Additionally, the Planning Commission, with input from
the applicant and the public, also recommended the following to the City Council:
• Begin Development Agreement negotiations;
• Enhance the proposed architecture of the building possibly incorporating an arts
theme;
• Enhance ground level open space;
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• Widen the Stewart Street sidewalk;
• Provide greater park space on the west side adjacent to Bergamot Station;
• Add apedestrian/bike path along the south side of the property;
• Consider providing shared parking;
• Ensure that Transportation Demand Management measures are incorporated to
reduce single-occupant vehicle trips;
• Consider providing job/internship opportunities for local youth;
• Encourage designing the building to achieve LEED Gold status;
• Plant upwards of forty (40) 36-inch box trees.
City Council Float-Uo
On April 27, 2010, City Council was presented a revised site plan and project plans
incorporating much of the direction provided by staff and the Planning Commission.
The result was a completely redesigned project, including partial reuse of the existing
warehouse building frame, and partial retention of some walls. Retention of the steel
frame represented a unique design strategy creating a canopy over the proposed
pedestrian path and providing space for amenities such as a kitchen, a workout facility,
locker rooms with showers, meeting rooms, and a public cafe with outdoor dining. The
revised plans are shown below:
6
Stewart Street Elevation
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Proposed Site Plan
The City Council believed the revised plans were moving in the direction of meeting the
City's goals by improving the pedestrian connections, providing public open space and
incorporating design elements consistent with the vision for the area. City Council
directed staff to pursue the Development Agreement, with specific direction to address
the following public benefits during the Development Agreement negotiations:
• Prioritize the creation of a robust local jobs program;
• Study the bike lane issue;
• Consider locating car sharing in the campus plan;
• Provide on-site way-finding signage;
• Add an enhanced Transportation Demand Management program;
• Include a cafe that is accessible to the public;
• Provide for proactive community involvement and outreach to the neighborhood
with a single point of contact for the community during construction and
afterwards;
• Provide opportunities for Youth Education in science programs with Santa
Monica College or Santa Monica High School.
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Discussion
Proiect Description
The proposed plans will consist of the following components:
• 24,625 square feet for administration offices and entry lobby;
• 45,590 square feet for manufacturing of new cancer treatments;
• 72,050 square feet for research and development (R&D);
• 11,390 square feet of meeting rooms, employee amenities including a cafeteria
open to the public during lunchtime hours;
• 5,140 square-feet of publicly accessible open space;
• A publicly accessible pedestrian path to allow access to the Bergamot Station
site and future Expo Line light rail station;
• Surface parking for 200-220 cars.
Proiect Design
As previously noted, the proposed project evolved significantly through the float-up
process. Initial plans included a contemporary, corporate design, parking at-grade and
tucked under the building, and a second level private open space plaza that offered no
visual or physical benefit to the neighborhood as shown in the rendering below.
The redesigned project is proposed in a contemporary style with an industrial/arts
theme. The existing warehouse building would be partially retained and the steel frame
would be kept to maintain the industrial look of the site. Further, the new construction
would be wrapped with corrugated metal, glass, exposed steel frames, and would
8
include ground level glazing to allow visibility into the structure. The administrative
offices and R&D components would be within athree-story building facing Stewart
Street. The manufacturing component would be within atwo-story building behind and
to the west of the proposed R&D facility connected by a two-story lobby. The amenity
functions, including meeting rooms, employee-only fitness center, and
cafeteria/employee lunch room, would be located within a portion of the existing
warehouse building. A rendering of the proposed design is shown below and complete
project plans are included in Attachment D.
Parking and Circulation
Because the project is located directly adjacent to the future light rail station at
Bergamot it provides an opportunity to actuate the LUCE goal of reducing single-
occupant vehicle trips through reduced parking. LUCE identified this area as having a
"Higher" transportation demand management goal because of the adjacency to the
Expo light rail station. The proposed project would supply a minimum of 180 parking
spaces and no more than 205 parking spaces. The 414 spaces required by code
(SMMC 9.04.10.08) are excessive given the location of this project, and are not
consistent with an aggressive transportation demand management strategy.
9
Proposed Stewart Street Elevation
The parking layout includes parking dispersed throughout the site, but the primary
parking areas include approximately 33 spaces along the west property line, 40 spaces
located on either side of the driveway, 34 spaces in a tandem configuration to the west
of the re-used warehouse building and north of the pedestrian path, and the remainder
of the spaces along the northern property line and to the north of the amenities building.
Circulation in and out of the site is proposed to be from a center, 20-foot wide, driveway
that will double as the required fire lane. The proposed driveway has been located at
the center of the lot in response to a variety of concerns. First, a driveway too close to
the south side of the property could conflict with Exposition Boulevard. Second, a
center driveway avoids disturbing the existing parkway street trees. Finally, a
requirement of the California Public Utilities Commission (PUC) prohibits locating a
driveway within 100 feet of the Stewart Street Expo light rail crossing. An existing
driveway located towards the north side of the property would be retained and used as
an exit only.
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10
LUCE and Bicycle Network Connectivity
The City is committed to creating a complete network of high quality bicycle facilities
throughout the City, with the aim of increasing the number of people who use bicycles
for everyday transportation. An emphasis for the Bergamot Transit Village District is
enhancing circulation and transportation with pedestrian, vehicular, and transit
improvements, including establishing an interconnected grid. LUCE has provided
guidance for the Agensys project, including the strong emphasis on site permeability
ahd connectivity, so that pedestrian and bicycle access for the neighborhood is
maintained through to the Expo light rail station and the Bergamot Village area. Further
detail will be incorporated in the upcoming Bergamot Transit Village area plan. This
detailed process will address pedestrian, bicycle and vehicle connectivity, and parking
as they relate to the community vision for the District.
Exposition Dedicated Bike Path
The LUCE identifies the Exposition Bike Path, on dedicated rail right-of-way directly
adjacent to the Agensys project, as a key component of the City's bike network. It is
slated as a premier east-west bicycle facility serving the Bergamot Station/Transit
Village area, the City and the region. As shown in the map below, the Exposition Bike
Path will be generally located to the north of the Expo light rail line in this area and will
run parallel to the rail line to 17~h Street, where the right-of-way ends and the bike path
joins the City's bike lane network. This east-west bike path will provide a dedicated
route for cyclists and casual bike riders consistent with LUCE. It is essential to ensure
good north-south connections from the Expo Bike Path spine to other parts of the City.
Analysis of existing and future connections is currently underway as part of the
refinement of the Expo Bike Path concept plan. Early next year the Expo Construction
Authority will hire a firm to design and build the Phase 2 portion of the bike path from
Culver City to Santa Monica.
11
Proposed "Michigan" Connection
During the Development Agreement float-up process, community members identified
the inclusion of a public bike path through the project site as a desired public benefit,
with the focus on connectivity to a future east-west bike lane principally utilizing
Michigan Avenue. The route would proceed from the Agensys site through the
Bergamot Station parking area to Michigan Avenue and cross the I-10 Freeway at 20~h
Street, utilizing an area of Caltrans right-of-way for a short section, proceed westward
on Michigan Avenue and ultimately connect with the Civic Center area through a
redesigned Santa Monica High School campus. Community members view the Agensys
project as providing an opportunity to create a new bike connection at the eastern end
of Michigan Avenue. The proposal has been evaluated in the context of the LUCE Bike
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Network, the Exposition Bike Route, safety concerns, and impacts to the proposed
project design.
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Bicycle Route Options Explored by Applicant
In response to Council direction, the project applicant proposed several ways to provide
bike access to connect with a future Michigan Avenue route to the west. The options
analyzed are summarized below:
• Options through the Agensvs Site: Two options would bring bicyclists through
Agensys' parking lots: one through the center of the project, and one to the north of
the project, as shown below. Both options connected through to the Bergamot
parking lot, so that the rider would cross the Bergamot lot and join Michigan Avenue.
In the end, sharing the center project driveway with cyclists created significant safety
13
concerns because of vehicles backing out from parking spaces into the driveway
and employees crossing from one side of the complex to the other. The passage
way through the north side, directly adjacent to the Expo light rail line and bike path,
also raised concerns with regard to vehicle-backing. For safety reasons, Agensys,
Inc. does not find the shared path acceptable.
'3 ~
Agensys Site -Shared Center Aisle Agensys Sife -Shared North Side Aisle
Agensys states that there is not sufficient space to provide a separated facility
through the site because of various site constraints. The project has been
redesigned twice, with the current proposal adaptively re-using a portion of the
existing warehouse building. The re-use of the warehouse responds to design
concerns expressed by the Planning Commission, City staff, and the public
regarding compatibility with the area's- eclectic mix of arts and industrial buildings.
Additionally, other site constraints dictating the current configuration include the
location of the main drive aisle. The driveway is located in the center of the site
because
- The (PUC) requires driveway access to be a minimum of 100 feet from the
Stewart Street light rail crossing.
- A driveway on the south of the lot is not advisable because of the awkward offset
to Exposition Boulevard.
14
By retaining the existing footprint combined with the central driveway, new
construction is limited to the southern half of the site. Agehsys, Inc. has explained
the need for very specific floor plate dimensions, size and adjacencies to
accommodate laboratories and associated facilities.
Agensys, Inc. indicates that incorporation of a dedicated bike path on the site would
require a project redesign, including shifting buildings and eliminating parking. This
would result in significant project schedule delays. For Agensys, Inc. to remain in
Santa Monica, an extremely aggressive time frame is essential. A bike path would
require a complete redesign, thereby rendering the project infeasible from a timing
standpoint.
• Options for Routing Around the Agensys Site: The applicant also proposed two
options to route bicyclists around Bergamot Station to connect with Michigan Avenue
on the west. One route would utilize the southern edge of Stewart Park, the southern
edge- of the City's Resource Recovery Center, transition onto Delaware Avenue and
then onto Michigan Avenue. Design of the Resource Recovery Center is well
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South Route Option
Stewart Park, Resource Recovery Cenfer and Delaware Avenue
15
underway and would need to be reduced and redesigned. Once the project is
completed, large trucks that will be using Delaware Avenue would make the
environment inhospitable for bicyclysts.
Another option proposed is to utilize the Expo Bike Path 180 feet from the center
driveway of the Agensys site and less than 400 feet from the southern edge of the
site. The most immediate opportunity to join Michigan Avenue is by utilizing 26th
Street and a short segment on Cloverfield Boulevard. Although 26th Street is one-
way northbound, staff believes there are treatments that could safely accommodate
bike lanes. The larger challenge is figuring out a way to safely navigate the short
section of Cloverfield Boulevard to the Michigan Avenue intersection, since
Cloverfield is already heavily utilized and congested.
26th Street.Option
Expo Bike Path, 26`" Street and C/overfie/d Blvd
Staff identified two additional opportunities for utilizing the Expo Bike Path to link to
Michigan Avenue. One is at 17th Street, where the dedicated bike path ends and
transitions to bike lanes. Michigan Avenue is approximately Y4-mile south of the bike
path at this point. The other opportunity is turning south on 20th Street to reconnect with
16
Michigan Avenue, although currently there is an area just west of 20th Street that would
need to be cleared and reconfigured in order to connect through to Michigan.
Finally, the applicant proposed an option to allow cyclists to walk their bikes through the
subject property along the proposed public pedestrian walkway. While this does not fully
address the goal of bicycle advocates to ride through the site, this alternative would
allow passage through this property and furthermore, in staff's opinion, would be
consistent with LUCE policy T9.9 of providing through access for bicyclists and
pedestrians on~ large property developments.
Public Benefits
The applicant proposes the following public benefits, as further described in this report
and in Article 2.6 of this Development Agreement:
1. Pedestrian path. A public pedestrian path connecting the widened sidewalk at
Stewart Street to the Bergamot Station has been incorporated into the plan. The
pedestrian path will be approximately 570 feet long and vary in width from
approximately 10 feet to 40 feet. The pedestrian path will be accessible to the
public from (i) the earlier of 6:00 a.m. or one-half hour prior to the
commencement of daily Expo Line operation at the planned station adjacent to
Bergamot Station, until (ii) the later of 11:00 p.m. or one-half hour after Expo Line
operations cease. Such public access shall be for walking, strolling, reading and
other similar activity, as well as allowing cyclists to walk with their bikes along the
path. In addition, Agensys shall develop a signage and way-finding system to
direct pedestrians to the pedestrian pathway, public cafe, and on-site publicly
accessible open space. Such signage will be subject to review and approval of
the Architectural Review Board.
2. Pedestrian Cafe Open to Public. A pedestrian cafe open to the public, at a
minimum, during the hours of 11:30 a.m. to 2:30 p.m. Monday through Friday is
provided. The cafe would be limited to pedestrians only as no on-site parking
would be made available to cafe patrons. The pedestrian cafe is designed with
approximately 40 indoor and 60 outdoor seats. The DA requires Agensys, Inc. to
use reasonable efforts to make residents and workers within walking distance
aware of the pedestrian cafe including, but not limited to, the hours that it is open
to the public and that no parking is available for cafe patrons.
3. Public Open Space Adjacent to Stewart Street. A passive open space adjacent
to Stewart Street is proposed. The open space would be approximately 5,100
square feet and would be open to the public from dawn to dusk daily.
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4. Widened Sidewalk along Stewart. A widened and improved sidewalk adjacent to
Stewart Street will be provided. The sidewalk will be widened at the entry to the
passive open space and the central entry driveway. The sidewalk would be
widened for a total sidewalk width of 14 feet and length of 100 feet. A planting
area will be added between the existing sidewalk and the new parking stalls at
the north of the site. The new building at the southeast corner of the site will be
set back eight feet from the existing edge of the sidewalk. The area adjacent to
the sidewalk will be planted with a vegetated swale to capture rainwater runoff.
5. Traffic Demand Management Program. A Transportation Management Plan will
be incorporated with the project. The TDM plan requires several elements to help
achieve a high level of trip reduction. Aggressive Average Vehicle Ridership
(AVR) rates of 1.6 (initially) and 1.75 (after the light rail train is operational) will be
required due to the project site's location within a "Higher Goal" District of the
LUCE. Agensys, Inc.'s current level of achievement is 1.25 AVR at its existing
locations within the City of Santa Monica. Additionally, the following TDM
program elements are included in the plan:
• Mandatory participation in a Transportation Management Association
(TMA);
• A Transportation Information Center;
• TDM website information;
• An Employee Transportation Coordinator;
• Pedestrian way-finding signage;
• Opportunities for shared parking;
• An on-site drop-off and pick-up loading zone;
• Carpool program;
• Transportation allowance for employees (parking cash-out) covering the
costs of a transit pass;
• Parking pricing (payment for parking on-site) at market rates;
• On-site secured bike parking, and on-site showers and lockers for
employees who bike to work;
• Possible public car sharing space;
• A compressed work week schedule and flex-time schedule;
• Guaranteed return trip home for employees,
• Astringent monitoring and compliance plan.
All of these tools, combined with the project location adjacent to the light rail
station, will reduce trips and move the City towards achieving the goal of No Net
New Trips PM Peak Hour Trips.
6. Sculpture Garden. A sculpture garden is proposed to satisfy the provisions of the
City's Cultural Arts Requirements. The sculpture garden would be installed on
concrete pedestals with up to 10 sculptures adjacent to the pedestrian path. The
initial set of sculptures will be made primarily of stainless steel, will be up to 10
18
feet in height, and may have an abstract biological theme. Agensys, Inc. will be
responsible for the costs of transportation, installation, maintenance, security,
and special lighting of the sculptures. Agensys, Inc. would change sculptures
from time to time with the approval of the City's Arts Commission.
7. Local Hiring Program. A local hiring program is proposed and components of the
program are discussed below; however, all provisions and definitions of the
program are detailed in the Development Agreement (Attachment B of this staff
report) and are more specifically described in DA Exhibit N.
• Job Fair. Agensys, Inc. will organize an annual symposium/job fair
designed to increase job opportunities in the biotechnology industry for
City residents, including at-risk youth and young adults, in the vicinity of
the Project site.- Agensys, Inc. will solicit and consider in good faith
reasonable suggestions from interested community groups in connection
with the symposium/job fair. Agensys, Inc. may invite other biotechnology
companies to participate. The symposium/job fair will include (a) any other
businesses in the area that are interested in mentoring and providing
internship programs for at-risk youth who live in the vicinity of the project
site, and (b) a jobs fair to match residents in the neighborhood to job
opportunities in the biotechnology industry. The first symposium/job fair
will be held on or about the first anniversary of the issuance of a certificate
of occupancy for the Project and on or about, each subsequent
anniversary of such issuance thereafter for five years.
• Local Hiring Policy. Agensys, Inc. will implement a local hiring policy for
the Project. Guidelines include:
Targeted Jobs Applicants. Targeted Jobs Applicants will be low-income
individuals and other City residents. Agensys, Inc. will consult with trade
unions with apprenticeship and cooperative programs as appropriate to
facilitate the hiring and training of apprentices from the local
neighborhood.
Coverage. The Local Hiring Policy will apply to hiring for all on-site jobs
by Agensys, -Inc. and its contractors.
Outreach. In order to inform Targeted Job Applicants of job opportunities,
in addition to the job fairs Agensys, Inc. (or, during Project construction,
the general contractor) shall advertise job openings in the Santa Monica
Daily Pressor similar local newspaper. In addition, Agensys, Inc. will
provide telephonic or email notice of job opportunities to two community-
based organizations, including one in the Pico neighborhood, to be jointly
selected by Agensys, Inc. and the City.
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Hiring. Agensys, Inc. and its general contractor will consider in good faith
each Targeted Jobs Applicant in accordance with their respective normal
hiring practices.
Term. Agensys, Inc. will implement the Local Hiring Policy commencing
on the Effective Date until the seventh anniversary of the issuance of a
certificate of occupancy for the Project.
8. Internship Program. A student internship program will be provided and will
include at least two paid internships in biotechnology to students who attend
Santa Monica College or are residents of Santa Monica. One of the internships
will be a full-time position during the summer and the other will be a part-time
position during the school year.
9. Student Tours. During each school year, Agensys, Inc. will send a letter to the
Santa Monica-Malibu Unified School District inviting high school students (grades
9 to 12) for a total of four tours of the Project to help the students better
understand the biotechnology industry. Each tour will be limited to 30 students at
one time and will include a lecture from an Agensys, Inc. scientist. Students shall
be accompanied at all times by teacher.
10. Shared Parking. Shared parking for events at Bergamot Station will be provided.
Upon at least 30 days advance notice, Agensys, Inc. will make the parking area
available at least five times per month between the hours of 7:00 p.m. to 10:00
p.m. Monday through Friday and from 11:00 a.m. to 10:00 p.m. Saturday and
Sunday for special events at Bergamot Station. Agensys, Inc. may charge for
such parking at then-prevailing market rates, and establish reasonable rules and
regulations for the use of and access to and from the parking area.
11.Continuing Community Outreach. To encourage continuing community outreach,
at least twice in the first year following completion of the Project, and at least
annually thereafter, Agensys, Inc. will hold a community meeting at the Project
site with the residents living in the neighborhood bounded by Exposition
Boulevard, Stewart Street, Centinela Avenue, and Pico Boulevard and the
Stewart Street Mobile Home Park residents. Agensys, Inc. will provide residents
with at least 15 days' prior written notice of such meetings by U.S. Mail. The
purpose of the meetings will be to identify and address any issues that may arise
from Project operations. Furthermore, Agensys, Inc. will designate a community
liaison coordinator to respond to any requests for information or respond to
complaints.
12. Transit Contribution. Agensys, Inc. will contribute aone-time payment for transit
infrastructure improvements focusing on bicycle access in the vicinity of the
subject property. The contribution will be $70,350.00 and will be paid prior to the
issuance of the Certificate of Occupancy.
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Zoning Ordinance and General Plan Consistency
LMSD Zoning District
The existing LMSD zoning was established to support the preservation of existing light
industrial uses, provide a location for studio-related and post-production uses and
provide opportunities for artist live-work studios. Additionally, the zone permits
laboratories and facilities for medical testing and scientific research development and
testing by right. The LMSD zoning also sets forth the property development standards
which govern the height, bulk, and mass of buildings.
Land Use and Circulation Element (LUCE)
The recently adopted LUCE created a new land use district for this area of the City, the
Bergamot Transit Village. The Bergamot Transit Village is envisioned to be a mixed-use
"village" that capitalizes on the new Expo light rail station by attracting a variety of uses
to establish a vital, new complete neighborhood. It is further envisioned that the
Bergamot Transit Village would expand opportunities for housing, local-serving retail
uses, creative arts and consolidated parking in a small grid network of green streets and
pedestrian pathways. As part of this vision, businesses engaged in advanced research
and development are specifically identified in the LUCE.
The project's overall floor area, stories, and use are all consistent with LUCE policies for
the Bergamot Transit Village land use district. This district allows, subject to a
discretionary review process, projects that provide community benefits to request a
height up to 55 feet and 3.0 FAR subject to stepbacks and urban design standards.
Planning Commission Action
The Planning Commission formally considered the Development Agreement proposal
and the Mitigated Negative Declaration for the project at the September 1, 2010
meeting. The Planning Commission unanimously recommended that the City Council
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adopt the Mitigated Negative Declaration and the associated Mitigation Monitoring Plan
and to approve the Development Agreement with a number of suggestions for the
applicant and City Council consideration as described below.
Potential Additional Public Benefits
• Agensys to consider providing additional student tours beyond one per semester
as stated currently in the Development Agreement;
• Agensys to explore adding to the internship program a paid internship
opportunity for at-risk youth from the Pico Neighborhood and;
• City Council to consider whether Agensys be required to obtain SEED Silver
certification.
City staff will be discussing these issues with the applicant prior to the City Council
meeting on September 14, 2010.
Development Agreement Revisions and Added Conditions
The Planning Commission recommended a few changes to the Development
Agreement. Among the recommendations were:
1) to incorporate the Signage and Way-finding requirements into the Pedestrian
Path provisions;
2) to revise the wording to public benefit "M", (Transit Infrastructure Contribution),
to allow for greater geographical flexibility for bicycle access improvements;
3) to allow alternate parking arrangements other than just at-grade parking such
as subterranean or parking lifts; and
4) staff to explore a provision that if shared parking becomes available in the
area, then the City can require Agensys to eliminate some parking to allow for
more open space and potentially a bike path in the future.
The changes to the Development Agreement noted in items (1) and (3) above have
been made.
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Staff was directed to work with the applicant to discuss additional funds for bike
improvements beyond the Transit Infrastructure contribution. City Council may
recommend a condition that the applicant provide additional funding, $20,000, for city-
wide bicycle studies and related improvements.
The Transit Infrastructure Contribution is not intended to be allocated outside the
Bergamot Transit area and does include bicycle access improvements. This contribution
is based on a fair share analysis related to the Expo Bergamot Station. Therefore,
Section 2.6.2 "M" (Transit Infrastructure Contribution) should be specifically related to
the Bergamot Station area and clarify that the funds would be for an emphasis on
bicycle access.
A number of revisions to the Development Agreement were also requested by Agensys'
attorney (letter attached), as well as a request to add conditions. The added conditions
were suggested by the applicant after hearing from neighbors southeast of the site. The
added conditions set forth a "good neighbor" policy and require that the proposed
windows along the south elevation of the Manufacturing and Research and
Development buildings would be designed to mitigate view into the homes of the
adjoining neighborhood.
City staff found the requested revisions and "good neighbor" policy to be friendly and
minor in nature and therefore these issues are incorporated into the Development
Agreement for City Council consideration and have given instruction to the ARB to
address the windows.
Guidance to the Architectural Review Board (ARB)
The Planning Commission also made some friendly suggestions to the applicant to help
enhance architectural aspects of the project so that the plans are further refined for
review by the ARB. Among the suggestions were the following:
• Plant Boston Ivy on south elevation
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• Add parking lot screening
• Add a row of trees along Stewart Street to form. a double row of trees with the
existing street trees
• Add more shade trees to the site
• Clearly indicate where bike parking would be located
• Ensure lighting to be shielded away residential neighborhood
And as mentioned above, staff is suggesting the ARB pay particular attention to:
• size and orientation of window openings in an appropriate manner for the
neighborhood to the southeast.
Architectural Review Board (ARB) Action
On September 7, 2010 the ARB continued the proposed project to address concerns
about: inconsistencies. between renderings and projects plans; the need for south facing
elevations; landscaping; size of window openings along the south elevation; pedestrian
amenities along the pedestrian walkway; a complete materials board; and sustainable
aspects of the plan.
Staff is working with the applicant to resolve the ARB's concerns. To help with this
effort, specifically regarding added parking lot screening/landscaping and percentage of
compact parking spaces, it is necessary to allow some additional flexibility concerning
the overall number of parking spaces. Therefore, the applicant is requesting the ability
to have a range of parking from a minimum of 180 parking spaces to a maximum of 205
versus 200 to 220 as is worded in the proposed Development Agreement and staff is
supportive.
Environmental Analysis
Provided as Attachment G, an Initial Study/Mitigated Negative Declaration was
prepared for the proposed project in accordance with the California Environmental
Quality Act (CEQA). This analysis has resulted in a finding that there would not be any
significant impacts associated with the proposed project. Potentially significant impacts
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were identified in impact areas listed below; however, mitigation measures to reduce the
possible impacts to a level of insignificance is possible for each of the identified areas:
• Transportation and Traffic
• Construction Effects
• Hazards and Hazardous Materials
To mitigate the above listed areas of potential significance, incorporation of mitigation
measures is required. To ensure that these measures are properly enacted, a mitigation
monitoring program is necessary and will be enforced during the construction and
operation of the project if approved (Attachment E)
Comments on Draft IS/MND
One comment letter was received from two members of the public, two days after the
comment period closed concerning the environmental analysis. Although the CEQA
Guidelines do not require responses to comments on a proposed Mitigated Negative
Declaration and this comment letter was late, a thorough response has been included
with the Mitigated Negative Declaration.
Community Meetino and Public Input
Two community level meetings have been held to discuss the proposed design. The
first meeting occurred on January 19, 2010 at the Thelma Terry Center at ,Virginia
Avenue Park, with 14 members of the public in attendance. Conceptual plans were
presented and the public commented on issues ranging from traffic concerns, how
waste from. the proposed facility will be handled, and the amount of potential
development in the general vicinity to concerns over possibly losing a Santa Monica-
based business if the project is not approved. Following the float-up process, a second
community meeting was held on June 9, 2010. At this meeting, the revised plans that
were presented at the City Council meeting were reviewed. Comments received ranged
from questions about incorporation of solar panels, consistency of the design with
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Bergamot Station, and the need for a filtration system to the desire from many in
attendance to incorporate a dedicated bike path through the site.
Financial Impacts & Budget Actions
Staff costs for the Development Agreement process are paid from application fees.
There is a wide range of public benefits that the developer will be required to provide
pursuant to the Development Agreement negotiations. There are no anticipated
financial or budgetary impacts to the City.
Prepared by: Bradley J. Misner, AICP, Principal Planner
Forwarded to Council:
Rod Gould
City Manager
Attachments
A. Public Notification/Correspondence
B. Ordinance Adopting Development Agreement 10-001
C. Proposed Development Agreement
D. Development Agreement Findings
E. Resolution Adopting Mitigated Negative Declaration and the Mitigation Monitoring
Program
F. Project Plans, Renderings
G. Final Mitigated Negative Declaration
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Attachments and
additional documentation
available in the City
Clerk's Office.