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sr-091410-7e~~ City of Santa Monica Clt~/ COUIICII R@pOrt City Council Meeting: September 14, 2010 Agenda Item: ~=E To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Ordinance Amending the Plaza at the Arboretum Development Agreement Address: 2200 Colorado Owner: CSHV Arboretum,. LLC Recommended Action Staff recommends that the City Council introduce for first reading an Ordinance, Attachment A, approving a modification to the Plaza at the Arboretum's Development Agreement to make the City's current Affordable Housing Production Program ordinance and Administrative Guidelines apply to that property. Executive Summary CSHV Arboretum, LLC ("CSHV") is the owner of the subject property and development at 2200 Colorado Avenue. The prior owner and developer of the property entered into a Development Agreement on December 16, 1987, and the Development Agreement was amended on March 16, 1995. With the 1995 amendment, the Agreement authorized the construction of an office building and multi-residential units, including 97 units of affordable housing. Regarding the production and maintenance of affordable housing units at the project, the Development Agreement as amended in 1995 states that Santa Monica Municipal Code Chapter 9.28 applies to the project. That Chapter has since been rescinded and replaced by Chapter 9.56. This proposed ordinance will make the current Affordable Housing Production Program (AHPP) ordinance, Chapter 9.56, applicable to the property, along with the City's AHPP Administrative Guidelines, and will effectuate the settlement agreement in the City v. B/ackRock et al. Discussion A Development Agreement was approved- by the City Council on December 16, 1987 and-then amended on March 16, 1995 to allow the construction of an office building and multi-residential units, including 97 units of affordable housing, on the subject property at 2200 Colorado Avenue. In February 2010, the City sued the current owner and managers of the property for breaching the Development Agreement and related Deed Restriction that impose the affordable housing requirement. As a result of negotiations in that lawsuit, City v BlackRock et al, CSHV has agreed that the current AHPP ordinance and Administrative Guidelines shall apply to the project. This action will bring one of Santa Monica's largest sources of affordable housing in line with the City's current and more comprehensive AHPP rules and procedures while also provide consistency in monitoring and enforcement. However, the amended Development Agreement states that the rescinded AHPP ordinance applies to the subject property. Accordingly, the staff recommends replacing the sentence citing the old ordinance with one citing both the current ordinance and the Administrative Guidelines implementing the current code provisions. CSHV and its co-defendant BlackRock negotiated for two statements regarding adjustments to the current law's application to the project to be included in this modification. The first statement provides that the current mix of low and moderate income (45 low, 52 moderate) will remain the same. The second statement clarifies the application of a specific Administrative Guideline on the process after a moderate income tenant becomes ineligible so that fewer re-designations between affordable and market rate units occur. The staff agrees with the inclusion of both statements and sees no impact from these statements on monitoring and enforcement. Commission Action After conducting a public hearing on August 4, 2010, the Planning Commission voted unanimously to recommend that the City Council approve the modification as presented. In a separate vote, the Planning Commission voted to recommend that the City create new fines for owners who violate the AHPP ordinance. 2 Alternatives In addition to the recommended action, the City Council could consider different modifications or decline to make any modification to the development agreement. Environmental Analysis The City Council certified the Environmental Impact Report for this project prior to its construction. No subsequent environmental analysis is required pursuant to CEQA Guidelines Section 15162 since the proposed modification would not intensify any project impact analyzed in the certified EIR. The project is already finished and this modification impacts only the enforcement of affordable housing requirements. Financial Impacts & Budget Actions The recommendation presented in this report to recommend the Development Agreement modification does not involve any financial impacts or budget actions. Prepared. by: Gary Rhoades, Deputy City Attorney Approved: ~~ ~~~ M rs a J e Moutrie City Attor Forwarded to Council: Rod Gould City Manager Attachments: A. Draft Ordinance amending the Plaza at Arboretum Development Agreement B. Santa Monica's 2010 Maximum Income and Rent tables for affordable housing. 3 ATTACHMENT A Draft Ordinance Amending the Plaza at the Arboretum Development Agreement City Council Meeting 9-14-10 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT NUMBER THREE BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND CSHV ARBORETUM, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR THE PLAZA AT THE ARBORETUM THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement Amendment Number Three attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporation, and CSHV ARBORETUM, LLC, a Delaware limited liability company for Plaza at the Arboretum is hereby approved. SECTION 2. Each and every term and condition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or 1 modified to that extent necessary to make fully effective the provisions of this Development Agreement. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto., inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published 2 once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~~ MA S A~J ES MO TRIE City ttor e 1 ~?/i.c.~~" ~;a~ Jl~~r! ra RECORDING REQUESTED BY CITY OF SANTA MONICA WHEN RECORDED MAIL TO City of Santa Monica City Attorney's Office 1685 Main Sfreet, Third Floor Santa Monica, CA 90401 Attention: Deputy City Attorney Gary Rhoades Space Above Line For Recorders Use No Recording Fee Required Government Code Section 27383 AMENDMENT Ni.1MBER THREE TO DEVELOPMENT AGREEMENT THIS AMENDMENT NUMBER THREE TO DEVELOPMENT AGREEMENT ("Amendment Number Three"} is entered into as of this _ day of 2010 ("Effective Date"), by and between THE CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica ("City") and CSHV ARBORETUM, LLC, a Delaware limited liability company ("CSHV") with reference to the following facts: A. CSHV is the owner of that certain real property ("Property") located in the City of Santa Monica, California, which is more particularly described in Exhibit "A" to this Third Amendment. Exhibit A is hereby incorporated by reference herein. B. The City and the prior owner of the Property entered into a Development Agreement dated as of December 16, 1987 pursuant to California Government Code Sections 65864 et seq. and Santa Monica Municipal Code Chapter 9.48. The Original Development Agreement was recorded on December 17, 1987, in the official records of the County of Los Angeles as Instrument Number 87-1996737. The Development Agreement was amended on March 16, 1995. C. The Original Development Agreement and Second Amendment authorized the construction of an office building and multi-residential units, including 97 units of affordable housing, on the subject property. D. Regarding the production and maintenance of affordable housing units at the Project, the. Original Development Agreement and its amendment states that Santa Monica Mixnicipal Code Section 9.28 applies to the Project. That section has since been rescinded and replaced by Section 9.56. E. The purpose of this Third Amendment is to make the current Affordable Housing Production Program (AHPP) ordinance, Section 9.56, applicable to the Project.. F. The City's Planning Commission held a duly noticed public hearing on August 4, 2010 with respect to this Third Amendment and recommended that the City Council adopt the proposed amendment. G. In taking this action, the City Council has (a) specifically considered and approved the impacts and benefits of the requested Amendment Number Three and has concluded that this Amendment Number Three is consistent with the public health, safety, and welfare of the residents of the City and the surrounding region and promotes the goals, objectives, and policies of the General Plan, (b) deternuned that the City has complied with all procedures required by the Development Agreement Statutes with respect to this Amendment Number Three, and (c) duly authorized the City to enter into this Amendment Number Three. NOW, `THEREFORE, in consideration of the foregoing and the covenants and conditions hereinafter set forth, the City and CSHV hereby agree as follows: L Section 12(c) of the Original Development Agreement is hereby amended to read as follows: 12. Sections 12 (c) and 12 (d) of Development Agreement. '''-° F '1,... ;.,,...°.. e,,,.+:,..... "(C) Affordable Housing. 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F G/l o% ,.F +A ~, 1°--~ ~°°°m° ~~~~+° °° °~+° "(c) Affordable Housing The provisions of Chapter 9.56 of the Santa Monica Municipal Code, a copy of which is attached hereto as Exhibit B, and the related Administrative Guidelines for the Affordable Housing Production Program, as in effect on the date of this amendment shall apply to the Project, subject to the following modifications to specific sections: (i) Modifying the application of Section 9.56.050(c) to the project, the Project will continue to have 97 restricted units and the mix of low-income and moderate Program Guidelines to the contrary; (ii) Modifying the application of Section 6(c)(6)of the Administrative Guidelines to the Project, any tenant of a restricted unit designated as a moderate income unit whose income, based on the most. recently available data,- exceeds 140% of the moderate-income limit, will be given none-year notice to vacate such restricted unit and will be given the option to apply for residence in the next available market-rate unit at the Project, during which one-year period such unit shall continue to constitute a restricted unit for all purposes, and Owner will not be required to convert such restricted unit into amarket-rate unit or to convert the next available market-rate unit into a restricted unit." All units required to be affordable to moderate-income households shall be provided on site and the inclusionary unit base price shall be $80,000 per unit, adjusted for inflation from the effective date of this Amendment, in the manner provided in Santa Monica Municipal Code Section °.'~(e) 9.56.070(c). [Section 12(d) remains unaltered by Amendment Number Three.] 2. Except as amended by this Amendment Number Three, the Amendment Number Two to the Development Agreement shall remain in full force and effect in accordance with its terms and conditions. 3. The parties hereto shall cause this Third Amendment to be recorded in the Official Records of the Los Angeles County Recorder's Office. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the date and year first written above. CITY OF SANTA MONICA, a municipal corporation By: ROD GOULD City Manager ATTEST: Maria Stewart City Clerk APPROVED AS TO FORM: Mazsha Jones Moutrie City Attorney 4 EXHIBIT 1 E%HIBIT A~ LEGAL .DESCRIPTION OF THE :' PROPERTY Parcel A: Lots 1`through 6 of Tract No. 49694, in the City of Santa Monica, as per map recorded in Book 1175 Pages 37' to 40 inclusive of. Maps in ,the Official Records of the County of Los Angeles, State of California. Parcel H: The Lessee's interest only in lease of the real ' property below, dated March 12, 1979 between Southern Pacific Transportation Company as Lessor and Parker Manufacturing Company as Lessee {Instrument No. 86- 184890), held by SoPac Properties, Inc., (formerly known as, Anaheim Hills Development Corp.} following February 11, 1986 assignment by Parker Manufacturing Company to Anaheim Hills Development Corp. (Instrument No. 66-184890}. That portion of the right-of-way, 100.0 feet wide of the Southern Pacific Railroad Company in the City of Santa Monica, County of Los Angeles, State of California, as recorded in Book 40, Page. 282 c€ deeds in the Office of the County Recorder of.said county, described as follows: Beginning at the intersection of the curved northwesterly line of said right-of-way, 100.0 feet wide with the curved northwesterly line of the land described in Parcel 3 of the final order of Condemnation No. 496651,. filed July 23, 1945 'and. . entered July 24, 1945, in judgment Book 1553, Page 27, Superior Court, records of said State; said last mentioned curve being concave southeasterly and having a radius of 905.00 feet; a=-radial line of said curve to said intersection bears. north 51 degrees, 34 minutes, 36 second west thence southwesterly and continuing along said curve 94.25 feet through a central angle of 5 degrees, 58 minutes, 02 seconds to a point in a curved line being concentric with and distant southeasterly 40.00 feet measured radially from, said northwesterly line of said right-of-way, 100.00. feet wide; said last. described curve being concave southeasterly and having a radius of 11,663.40 feet; a radial line of said curve to said paint bears north 29 degrees, 38 minutes, 43 seconds west; thence southwesterly 636.65 feet along said concentric curve through a central angle of 3 degrees, 07 minutes, 39 seconds, to the northwesterly line of Twentieth Street, 70.00 feet wide as shown on the Map of Tract No. 9774 in said City and recorded in Book .140, Pages 64 and 65 of Maps, in the Office of the County Recorder of said county; thence along said last described northeasterly 20709073--4/5/95 line north 44 degrees, 45 minutes, 25 second west, 40.88 feat to its intersection with said curved northwesterly line of said right-of-wap, 100.0 feet wide;. said last-mentioned curve being concave southeasterly and having a radius of 11,703.40 feet; a radial line of said curve to-said intersection bears north 32 degrees, 48 minutes, 53 seconds west; thence northeasteslp 732.79 feet along said curve, through a central angle of 3 degrees; 35 minutes, 15 seconds to the point of beginning. 20709073--4J5/95 EXHIBIT B CHAPTER 9.56 (Copy of Chapter Intentionally Omitted from First Reading Packet.) ATTACHMENT B AFFORDABILITY INCOME AND RENT TABLES C~i~ 2010 MAXIMUM INCOME AND RENT ~;~r o, Santa Hnninn" MAXIMUM ALLOWABLE INCOME (ANNUAL) Household Very Low Moderate Size (50%) Low (60%) Low (80%) (100%) 1 $29,000 $34,800 $46,400 $58,000 2 $33,150 $39,780 $53,000 $66,300 3 $37,300 $44,760 $59,650 $74,600 4 $41,400 $49,680 $66,250 $82,800 5 $44,750 $53,700 $71,550 $89,500 6 $48,050 $57,660 $76,850 $96,100 7 $51,350 $61,620 $82,150 $102,700 8 $54,650 $65,580 $87,450. $109,300 MAXIMUM ALLOWABLE RENTS (MONTHL Very Low Moderate Unit Type (50%) Low (60%) Low (80%) (100%) 0-Bdrm $725 $869 $1,159 $1,449 1-Bdrm $828 $994 $1,325 $1,656 2-Bdrm $983 $1,180 $1,573 $1,967 3-Bdrm $1,123 $1,348 $1,797 $2,246 4-Bdrm $1,268 $1,521 $2,029 $2,536 Rents: Income for 4-person household x Bdrm Adjustment x / 12.