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~~ {~ /1 Q ® _r1T City of City ~®~® 1`/I I ®`Gp®, Santa Monica City Council Meeting: June 14, 2011 Agenda Item: ~- -' To: Mayor and. City Council From: Eileen Fogarty, Director, Planning and Community Development Subject: Development Agreement Amendment 11 DEV-002 to amend the parking demand formulae for the Yahoo Center development and permit leasing of existing, underutilized parking spaces to off-site parties. Recommended Action Staff recommends that the City Council: 1) Introduce for first reading an ordinance adopting the Fifth Amendment to the Colorado Place Limited Development Agreement 11 DEV-002. Executive Summary The proposed project is Amendment Number Five to the Development Agreement for the Yahoo Center office development (formerly known as Colorado Place Phase I and II) in order to amend the current parking demand formulae that establishes the number of existing parking spaces required to serve the mix of uses on site, and to permit the continued leasing of existing, underutilized spaces to off-site parties. CA-Colorado Center L.L.C. ("Applicant") proposes this Amendment to the Development Agreement to revise the base parking ratio for office use on the site from the current requirement of one parking space per 322 SF of office floor area to one parking space per 500 SF of office floor area. The Applicant has provided a detailed parking study that demonstrates, based on current and forecast peak-hour parking availability, that the current base ratio of one parking space per 322 SF of floor area significantly over-states the actual parking demand for the Yahoo Center development, and that the proposed parking ratio better reflects actual usage patterns at the site. This Amendment would also authorize leasing of up to 1,053 existing surplus parking spaces to off-site parties (non-tenants), consistent with the facility's current practice of leasing these underutilized spaces so long sufficient parking for its on-site tenants is maintained. In addition, as a result of negotiations with the City, the Applicant proposes to implement afacility-wide Transportation Demand Management (TDM) Plan to reduce vehicle trips in the area and reduce the facility's parking demand. As discussed more fully in this report, the proposed Amendment implements the transportation strategy included in the City's General Plan (LUCE) by reducing vehicle trips through implementation of the LUCE's Transportation Demand Management policies, parking policies, and the land use policies for the Office Campus land use designation. Accordingly, the City encouraged the Applicant to file this Amendment as it constitutes a unique opportunity to begin implementation of LUCE goals and policies focused on creating shared parking programs with an existing development site in the City. The Applicant's provision of up to 1,053 private-owned parking spaces into the area's overall shared parking supply is a significant resource that will assist the City in more efficiently managing existing parking resources on an area-wide basis. This .parking resource at the Yahoo Center is available; in part, because modes of transportation and working patterns have changed, and the number of spaces provided no longer reflects usage at the Yahoo Center. Moreover, shared use of these parking spaces creates the opportunity to expand and strengthen TDM plan measures for businesses in the area; the shared use of the Yahoo Center parking facility facilitates a more efficient match between the area's existing supply of underutilized spaces and other area users; and it facilitates the conservation of resources that would otherwise be expended on developing unnecessary parking in the area and reduces the constructed-related impacts associated with this new development. The following is a summary of the key findings for the City Council's discussion: • The proposed Amendment constitutes an opportunity to begin implementation of LUCE goals and policies focused on creating shared parking programs. • The provision of up to 1,053 privately-owned parking spaces as a shared resource will assist the City in more efficiently managing existing parking on an -area-wide basis. • Shared use of the Yahoo Center parking garage facilitates conservation of resources and reduction of construction-related neighborhood impacts. • The proposed parking demand formulae are appropriate for current and future uses at the site. • The proposed Amendment implements the City's LUCE transportation strategy and parking policies by reducing vehicle trips and associated parking demand through implementation of a Transportation Demand Management Program. Background On October 27, 1981, the City Council approved a Development Agreement with Colorado Place Limited for atwo-phase, 15-acre mixed-use development then known 2 as Colorado Place. The original Developmenf Agreement has been amended four times by adopted City ordinances on July 26, 1983; April 24, 1984; May 28, 1985; and December 16, 1987. Today, the project site is commonly known as the Yahoo Center and consists of approximately 1,024,074 SF of floor area with the majority of its space leased to office tenants, along with some commercial space for retail, health club, and restaurant uses. The project site also contains a child care center, a public park, and a community room. As part of the original Development Agreement approval for the project and the subsequent Development Agreement Amendments, a number of substantial public benefits were negotiated for inclusion in the project; these include the following: • Child care center • Community room • 3.5 acre public park with tennis courts, children's play structure, basketball court, and public gathering space • 51 units of affordable housing at 1855 9t" Street, 1450 14t" Street, and 2006 20t" Street which, per an agreement between the City Housing Authority and the County, are monitored by the County • Contribution of $2,652,909 to the City's Affordable Housing fund • Nearly $3 million worth of art and social service benefits through park and community room maintenance • Off-site traffic signal, street lighting, and turn lane improvements • Tenants, including the restaurant/retail areas and health club, offer validated parking for a miriimum of three hours to all regular visitors, customers, and members • Users of the on-site park receive free parking on weekends and holidays In the original 1981 Development Agreement, the project's parking requirement was calculated based on the Santa Monica Municipal Code off-street parking standards in effect at the time of project approval. Since then, two Amendments to the Development Agreement have further revised the site's parking requirement. In 1983, the- First 3 Amendment to the Agreement established a reduced parking requirement of 3,128 spaces by relying on a shared parking analysis that documented how the mix of uses at the site would result in a lower peak parking demand and overall parking requirement, in comparison to the 3,484 spaces that would have been required based on the Municipal Code's off-street parking standards. This number of required parking spaces established by the First Amendment (3,128) included 100 additional spaces in excess of the number necessary to meet the site's peak parking demand in order to limit the potential for employee parking spill-over into the adjacent residential neighborhoods. The current parking ratios set forth in the Development Agreement were established with the Fourth Amendment that was adopted in 1987. This Amendment incorporated a variable parking requirement based on the actual mix of uses on the site, versus the previous parking requirement based on a fixed number of required spaces (3,128), regardless of the uses occupying the office park. The 1987 Amendment again utilized a parking study to support the adjustment of the project's parking requirement to document, in part, the effect of shared parking between compatible on-site uses. CA-Colorado Center L.L.C. has owned the property since August 2004 and has leased spaces to off-site parties since it initially acquired the property. This leasing was an extension of the prior property owner's practice. The Planning Department's earliest record of this practice is the May 2004 Step Two Construction Period Parking Program for Saint John's Health Center. However, this temporary parking arrangement was not reviewed in the context of the Yahoo Center Development Agreement. As part of the City's ongoing monitoring and annual review of the status of Development Agreement compliance in May 2010, September 28. 2010, and January 2011, it was determined that, while compliance with all public benefits previously outlined had been verified, a finding of full compliance would require a Development Agreement Amendment. 4 More specifically, during the course of the 2010 compliance review, staff determined that a Development Agreement Amendment would be necessary to authorize the leasing of underutilized parking spaces to off-site parties, a practice that has historically occurred without known impact to the surrounding neighborhood. Accordingly, the pending Development Agreement Amendment was filed to both revise the current parking ratios to document observed usage patterns, and to resolve the one Development Agreement compliance issue that is outstanding by specifically authorizing the leasing of up to 1,053 of the facility's existing, underutilized parking spaces. Project /Site Information The project site is bounded by Broadway to the north, Colorado Avenue to the south, 26th Street to the east, Cloverfield Boulevard to the west. The mixed-use office park consists of six buildings totaling 1,024,074 square feet of floor area, a public park with associated recreation amenities, and a subterranean garage with 3,086 parking spaces. The following table provides a brief summary of the project location. Zoning District: C-5 (Special office ' ~, Commercial District) o~ Land Use Element Office Campus Land Use , Designation: Designation Parcel Area (SF): Parcel Dimensions: Existing On-Site Improvements: Rent Control Status Adjacent Zoning Districts and Land Uses: Approximately 654,000 SF Approximately 615' x 1,060' Mixed Use Office Park (1,024,074 SF of Floor Area; (constructed 1983-1990) No residential use C-4 (north); LMSD south, east, west; R-2 (north & east) Office, retail, creative office and studios, single- and multi- family residential uses Site Location Map 2401 to 2525 Colorado Avenue 2400-2500 Broadway 5 ~_r The property is surrounded by a mix of uses including large-scale office development to the south, creative office, commercial, and studio uses to the west and north, and single- and multi-family residences to the north and east of the project site. The photos shown below further illustrate the site and surrounding land uses. The Yahoo Center (above) Nearby commercial and residential uses Discussion Project Description The Applicant proposes a Development Agreement Amendment to authorize the modification of the current base parking ratio for office -use on the site from the current requirement of one parking space per 322 SF of office floor area (1 space/322 SF) to one parking space per 500 SF of office floor area (1 space/500 SF). Like the 1987 revision to the parking requirement for the site, this Amendment relies on a new parking study to again support a revision to the parking requirement for the site in response to changes in the on-site parking demand. The proposed Amendment would also authorize the continued leasing of up to 1,053 surplus parking spaces to off-site parties provided that there is sufficient parking 6 provided at all times to meet the peak parking demand of on-site tenants of the Yahoo Center as calculated based on the parking ratios established by this Amendment. As previously noted, the proposed Amendment also requires the Applicant to implement a Transportation Demand Management Program for the entire site; key components of this TDM Program are outlined beginning on page 24 of this report. As discussed .more fully below, the Applicant's parking study demonstrates that, in accordance with current and forecast peak-hour parking availability, the proposed base parking ratio of one space per 500 square feet of floor area devoted to office use more accurately documents current parking usage patterns at the site in comparison to the current parking ratio for office use, and allows for the leasing of surplus parking to non- tenants while still providing sufficient parking to meet the peak demand of on-site tenants. Planning Commission Action The Planning Commission discussed the proposed Amendment to the Development Agreement on May 18, 2011; eight members of the public spoke at the hearing. While there was agreement that the LUCE supports the establishment of shared parking programs, the Commission recommended that the City Council not approve the Amendment unless the following five issues are addressed at the Council hearing: Provide a section in the Amendment that reiterates applicability of current provisions for administrative citations, compliance orders, and administrative penalties. o Staff and the Applicant do not agree on this issue; staff recommends that the following provision be included in the Draft Amendment: o Enforcement. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the City's Municipal Code. o The Applicant states that inclusion of this provision in the Draft Amendment is unnecessary because it re-states authority the City already has pursuant to Chapters 1.09 and 1.10 of the City's Municipal Code (Administrative 7 Citations; Compliance Orders/Administrative Penalties) and inappropriately sets forth administrative remedies to serve as contractual remedies. • Require an increased. Average Vehicle Ridership (AVR) goal concurrent with operation of Expo light rail. o Staff and Applicant agree on this issue; it is addressed in TDM Plan Section "Performance Measurement and Standards". • Provide verification that the Applicant has paid the City's Parking Facility Tax for the previous/current leasing of parking spaces to off-site parties. o The Applicant has provided Parking Facility Tax information as Attachment G. The City's Finance Department has also confirmed that the Applicant has regularly and timely submitted all required payments associated with the City's Parking Facility Tax. • Provide data that establishes the baseline Average Vehicle Ridership for the site. o Due to time constraints, a comprehensive AVR survey for all on-site employees was not conducted. However, as set forth in Attachment F, review of large employer data, which covers approximately 84% of the site's total office area, shows that the baseline AVR of currently-surveyed employees is 1.31. o Staff agrees with the Applicant's methodology for establishing the site's baseline AVR by analyzing the most current data from large employers with 50+ employees at the Yahoo Center. • Provide financial analysis showing the revenue generated from leasing parking spaces to off-site parties compared with the cost of implementing the proposed TDM Plan and other community benefits. o The Applicant has not provided this information. o Staff agrees that this data would not be directly relevant to the discussion of the shared parking proposal and the previously-outlined key issues associated with the Amendment. The principal benefit of the Amendment is the unique opportunity to implement key LUCE policies with an existing development site. The Planning Commission also recommended that the Council require the following seven measures be included in the Amendment: • Provide visible signage that clearly states availability of free parking for users of the on-site public park on weekends and holidays. o Staff and the Applicant agree on this issue; it is addressed in Draft Amendment Section 1 h. 8 • Auto dealerships who- lease parking from Applicant are restricted from delivering vehicles to the site by driving on residential streets and are restricted from delivering vehicles to the site during peak hours. o Staff and the Applicant agree on this issue; it is addressed in Draft Amendment Section 1j. • Require Applicant to notify tenants that employees are prohibited from parking on surrounding neighborhood streets. o Staff and the Applicant agree on this issue; it is addressed in TDM Plan measure #8. • Prior to submittal of annual development agreement compliance reports, the Applicant is required to host a neighborhood meeting that is noticed to the public to discuss compliance with Agreement terms. o Staff and the Applicant agree on this issue; it is addressed in Draft Amendment Section 1 i. • Require off-site parties who lease parking for their employees to participate in the Transportation Management Association (TMA) unless already subject to other more stringent City TDM requirements. o Applicant does not propose to require off-site parties who lease parking for their employees to participate in the TMA as nearby commercial users will already be encouraged to participate in the TMA in accordance with TDM Plan Measure #14. o Staff agrees that this approach to encourage nearby commercial entities to participate in the site's TMA will address the desire to expand and enhance TDM measures for area businesses. • Increase on-site bicycle parking. o Staff and the Applicant agree on this issue; the Applicant has agreed to further increase the amount of bicycle parking on site to accommodate a minimum of 117 bicycles as reflected in TDM Plan Measure #9. • Expand scope of Transportation Management Association (TMA) to include nearby commercial uses. o Staff and the Applicant agree on this issue; it is addressed in TDM Plan Measure #14. Summary of Parking Demand Study Findings Provided as Attachment D is the April 25, 2011 Yahoo Center Parking Demand Study, ("parking demand study") that was prepared by Linscott, Law & Greenspan, Engineers, in conjunction with this Amendment application. The parking demand study addresses the following five key topics: 9 1) Existing Yahoo Center tenant occupancy and vacancies and parking leases; 2) Weekday parking counts conducted at project site, including the determination of the peak parking utilization at the highest hour of demand; 3) Current Yahoo Center Development Agreement parking requirements; 4) Proposed revision to the parking ratio for office space and forecast of peak parking demand under full-occupancy conditions at the Yahoo Center; and 5) Number of parking spaces that can be leased to non-tenants while providing an adequate supply of parking for tenants and. visitors of the Yahoo Center. Summary: Existing Yahoo Center Tenant OccupancyNacancies & Parking Leases The Yahoo Center provides approximately 1,024,074 square feet of floor area in a total of six buildings and 3,086 parking spaces in a subterranean garage. At the time the parking utilization observations were conducted for the parking study in early December 2010, approximately 684,919 square feet of building floor area at the Yahoo Center was occupied, yielding a vacancy of approximately 339,155 SF of tenant space for office use (including underutilized spaces not fully occupied at the beginning of December 2010). At the time the parking utilization observations were conducted in early December 2010, there were parking leases for a total of approximately 4,063 parking spaces comprised of the following user groups: e Tenant Leases: approximately 3,010 parking spaces were leased out to existing tenants (including 640 parking spaces for members of the on-site gym) • Non-Tenant Leases: approximately 1,053 unassigned parking spaces were leased out to non-tenants (off-site parties): 643 spaces leased to nearby commercial & institutional users and 410 spaces leased to automobile dealerships. While the total number of leases for. on-site tenants and off-site parties totals (4,063 spaces) exceeds the supply of parking at the Yahoo Center (3,086 spaces), it is common for parking operators to oversubscribe a parking facility based on usage patterns that demonstrate that not all lessees are on site at the same time. This could result from employees who are not all on-site on a typical work day as a result of telecommuting, vacation, or attendance at off-site conferences. Another example is the 10 on-site health club lease for 640 parking spaces. Published data regarding shared parking and peak parking demand indicate that the peak hour for health club use is in the evening, a time when the demand for parking from on-site office uses is at its lowest. Summary: Weekday Parking Counts and Peak Parking Utilization/Demand Parking utilization observations (parking counts) were conducted on two consecutive weekdays on Wednesday, December 1, 2010 and Thursday, December 2, 2010; data was collected on an hourly basis from 9:00 AM to 5:00 PM in order to reflect typical weekday parking conditions and identify the peak parking demand that occurs at the Yahoo Center associated with various user groups including on-site tenants, visitors, and non-tenant lessees (i.e., off-site parties). As detailed more fully in Table I of the parking demand study, the following peak parking utilization periods were identified: ® Wednesday, December 1, 2010: 2,295 of 3,086 existing spaces were utilized at 12:00 PM (74.4% of total supply / 791 space surplus) Thursday, December 2, 2010: 2,263 of 3,086 existing spaces were utilized at 11:00 AM (73.3% of total supply / 823 space surplus) Summary: Comparison of Current & Proposed Base Parking Requirement As noted earlier in this report, the Development Agreement for the site was last amended by the City Council in 1987; at that time the parking requirement for the project was modified to include parking ratios to be applied to different land uses on site. The Applicant proposes to modify the base parking ratio for office use; no other changes are proposed to these base parking ratios established in 1987 provided below: 11 • Office: • Restaurants: • Fast-Food: • Retail: • Theaters: • Medical Office 1 space/322 SF 1 space/3.0 seats 1 space/7.5 seats 1 space/500 SF 1 space/3.0 seats 1 space/250 SF As detailed more fully in Table 2 of the parking demand study, a calculation was done to identify the parking requirement for the project using occupied square footage and the parking ratios currently specified in the Development Agreement, including the one space/322 SF of floor area for office use which is the base ratio that yields the highest number of spaces per 1,000 SF1. The result of this calculation was then compared to the observed parking demand- on the survey day when occupancy was higher (Wednesday, December 1, 2011). For the purposes of this comparison and the calculation of forecast parking demand to be discussed later in this report, it is assumed that 90% (948 spaces) of the 1,053 parking spaces leased to non-tenants were occupied on these survey days. This utilization factor is, in part, due to the cost associated with leasing these spaces; non- tenants would likely not lease off-site parking unless there is actual demand for the spaces. In addition, spaces leased by auto dealerships are typically utilized on a consistent basis because dealership vehicles are parked for longer periods of time and typically not moved on a daily basis. The results of the comparison between the. number of DA-required parking spaces for the currently-occupied tenant space (2,087) and observed parking utilization, show that based on the square footage of occupied tenant space in early December 2010, the current Development Agreement overstates the parking necessary to meet this on-site ~ The current Development Agreement requires~the following parking ratios for office use: 1space/322 SF at 10:00 AM, 1 space/350 SF at 1:00 PM, 1 space/335 SF at 2:00 PM, and 1 space/3,220 SF at 7:00 PM. This parking study analysis modifies the base rate of 1 space/322 SF and adjusts the requirement at each analysis hour in accordance with the current Development Agreement. See page 4 of the parking demand study for additional information. 12 tenant demand by approximately 740 spaces. This analysis is detailed in Table 2 of the parking demand study and is summarized below: • Current Development Aqreement Requirement: Based on the 684,919 SF of occupied tenant space in early December 2010, the 10:00 AM period would yield the highest parking requirement of 2,087 spaces using the current parking ratio of 1 space/322 SF of office floor area. • Observed Peak Parking Utilization: 2,295 spaces were utilized at 12:00 PM on December 1, 2010. This peak observation includes the 948 spaces leased to non-tenants, as noted above. o Observed Peak Parking Utilization for On-Site Tenants Only: adjusted parking demand of 1,347 spaces for the 684,919 SF of occupied tenant space in early December 2010. (2,295 spaces utilized minus the 948 spaces assumed to be utilized by non-tenant lessees). • Current Development Aqreement Parking Requirement vs. Observed Utilization:. The current Development Agreement requires 2,087 spaces for the occupied tenant space documented in early December 2010. The adjusted parking demand for the occupied tenant space measured on December 1, 2010 equals 1,347 spaces. The difference between the calculated requirement per the Development Agreement and the actual demand associated with the occupied tenant space is approximately 740 spaces. Summary: Proposed Office Space Parking Ratio & Forecast Peak Demand Based on the parking utilization observations conducted on December 1-2, 2010, a revision to the base parking ratio for office use is proposed at one space per 500 SF of floor area, instead of the current requirement of one space per 332 SF of floor area. As detailed more fully in Table 3 of the parking demand study, this updated base parking ratio results in a current parking requirement that is closely aligned with the parking demand observed on December 1-2, 2010. An example of this is provided below that indicates a 13 space difference between the peak hour demand using the one space/500 SF formula and the observed peak demand at 11:00 AM: • Current Peak Hour Demand: 11:00 AM peak hour demand forecast using the one space/500 SF ratio for office space yields a parking demand of approximately 2,307 spaces (1,359 spaces + 948 spaces leased to non-tenants). 13 • Current Observed Parking Utilization: At the 11:00 AM observation hour, approximately 2,294 spaces were occupied (includes 948 spaces leased to non- tenants). An analysis was also conducted to determine if sufficient parking would be available under the following conditions: • Full occupancy at the Yahoo Center: 974,198 SF occupied (5% vacancy rate considered "full occupancy" for facilities of this size) • Use of the revised base parking ratio of one space per 500 SF of office floor area to calculate the parking requirement for the currently-vacant/underutilized office space (289,279 SF) • Continued leasing of up to 1,053 parking spaces to non-tenants (off-site parties) With respect to the full-occupancy conditions at the Yahoo Center outlined above, the following summarizes the parking demand forecast provided in the parking demand study: • Forecast Full Occupancy Parking Demand: There would be a peak demand of 2,991 spaces at the 11:00 AM peak period, compared to a total parking supply of 3,086 spaces on site. This forecast peak demand utilizes a conservative methodology with 1,359 spaces required for. the occupied tenant space; 579 spaces for the vacant/underutilized tenant space; and 100% utilization of the 1,053 spaces leased to off-site .parties. • Forecast Full Occupancy Peak Parking Demand Surplus: There would be approximately 95 surplus spaces available under a full occupancy scenario. Based on this forecast of peak parking demand under full occupancy conditions (5% vacancy rate), there is still a margin of approximately 95 surplus spaces that would be available for tenants and visitors. In addition, should the need arise, the Applicant would be able to manage its parking resources in order to help ensure that the needs of on-site tenants and visitors are accommodated by expanding its on-site valet assisted/stacked parking program to accommodate particular peak. periods and increase total on-site parking capacity by an additional 300+ spaces. 14 As discussed previously, the Applicant would be required by this Amendment to provide, at all times, a sufficient number of on-site parking spaces to meet the peak demand of its Yahoo Center tenants in accordance with the parking ratios established by this Amendment. In the event that the Applicant does not comply with this requirement, the Applicant would be required to reduce the number of parking spaces that are leased to non-tenants and make those spaces available to on-site tenants. Relationship Between Building Area and Parking Demand The data and analysis detailed in the Yahoo Center Parking Demand Study is consistent with the relationship between building area and associated parking demand ratios that has been documented by leading authorities on parking such as the Urban Land Institute (ULI): Shared Parking 2"d Edition, the Institute of Transportation Engineers (ITE): Parking Generation 3rd Edition2, and related parking design training materials. In summary, base parking ratios for office development are recommended on a sliding scale based on the square footage of the project; as the size of office buildings increase, the parking demand ratio decreases.3 For example, The Urban Land Institute suggests the following base parking ratios for office buildings of various sizes, based on "peak parking spaces required with virtually 100% auto use and typical ridesharing for suburban conditions"4: • Office buildings less than 25,000 SF ...................... 3.8 spaces/1,000 SF • Office buildings between 25,000 & 100,000 SF ......... 3.8 - 3.4 spaces/1,000 SF • Office buildings greater than 500,000 SF ................. 2.8 spaces/1,000 SF The base parking ratios identified above demonstrate that parking demand decreases as the size of ,the office development increases -even in a suburban setting with virtually no alternative modes of transportation factored into the analysis. This pattern is relevant to the proposed Development Agreement Amendment for the Yahoo Center ~ Parking Generation, 3'~ ed. (Washington D.C.: Institute of Transportation Engineers, 2004). ' "Building area can affect demand": source: DKS Associates presented in "New Tools for Parking Design and Analysis" by Institute of Transportation Engineers Professional Development Department, March 3, 2011. ° Shared Parking, 2" ed. (Washington D.C.: ULI-the Urban Land Institute, 2005). 15 and the validity of this relationship between building area and parking demand is supported by the 2010 Yahoo Center parking demand study. While the Yahoo Center's demand study identifies a base parking ratio that is lower than the ULI data cited above, it is notable that these ratios are assumed for developments with Hearty 100% auto use and typical suburban rideshare patterns. The ULI also provides published observation data on weekday office use and its associated peak accumulation of parked vehicles in both suburban and urban settings. Within an urban setting, the observed parking demand for office use resulted in a range of between 1.46 spaces and 3.43 spaces per 1,000 SF of gross floor areas: • Suburban setting, office ............................... 0.86 - 5.58 spaces / 1,000 SF • Urban setting, office ..................................... 1.46 - 3.43 spaces / 1,000 SF Given the Yahoo Center's location in Santa Monica, and based on a review of current employer data provided to the City for companies with 50+ employees at the Yahoo Center, it is likely that ridesharing, use of public transit, bicycling, walking, and telecommuting, occur at higher rates than the typical suburban office environment that the Urban Land Institute based its ratios upon. In addition, the proposed Amendment includes an expanded TDM program requirement, which is detailed later in this report under the discussion of public benefits. This expanded TDM program will further reduce single vehicle trips and parking demand. Furthermore, the infrastructure that is necessary to support a reduction in vehicle trips to/from employment sites and a reduction in associated employee parking demand is better developed today than in 1987 when the current parking ratios for the Yahoo Center were established. For example, the presence of a more comprehensive public transit system, an improved bicycle route network, and enhanced computer and mobile s Ibid. 16 communication technology to facilitate telecommuting, all have an influence on the way employees -particularly office employees -work and routinely access a job site. Given these factors, the Yahoo Center is more consistent with the ULI observation data associated with office uses in an urban setting identified above, and its proposed office use parking ratio of 1 space per 500 SF of floor area (2 spaces per 1,000 SF) is within the range of the ULI's observation data for urban office uses. Finally, both the ULI and ITE guidance emphasizes collecting data for a specific site or geographic area as preferable to relying on published data alone. A study, such as the one completed for the Yahoo Center, can better document and account for unique site characteristics and area conditions. Current Measures Implemented to Reduce Neighborhood Spillover In order to address concerns about potential parking spillover into the surrounding residential neighborhoods, several requirements are already incorporated in the current Development Agreement. These measures include the following: • All leases and subleases must include a provision that requires on-site tenants, including the restaurant/retail areas and health club, to offer validated parking for a minimum of three (3) hours to all regular visitors, customers, and members. • Visitors to the on-site park receive free parking on weekends and holidays. ® Public events with anticipated attendance of 500 or more held at the on-site park or plaza must include free parking or the price of parking must be included in the event ticket price; event advertising must include a description of on-site parking and state, if applicable, that event parking is free or included in the ticket price. In addition to these Development Agreement requirements, the applicant also provides, as a courtesy to the community, free parking for visitors to the on-site park on weekdays, in addition to the weekend and holiday requirement, and to attendees of on- site Community Room events and meetings. Finally, the vast majority of the residential streets surrounding the project site are protected by Preferential Parking Zones that specifically limit on-street parking to area 17 ~C residents with a permit. The Preferential Parking Zones on the streets surrounding the Yahoo Center have different restrictions; there are both total and partial restrictions with various times the particular zone is in effect. A common Preferential Parking Zone restriction in the immediate area limits street parking between the hours of 8:00 AM to 12:00 AM (midnight), except by holders of preferential parking permits. Preferential Parking Zones near the site are indicated in red on the map below: Shared Parking: Consistent with LUCE Transportation Strateav & Parkina Policies As the City implements the goals and policies contained in the Land Use and Circulation Element of the City's General Plan, development agreements and subsequent amendments are an important tool to ensure that projects incorporate and further these principles that support a sustainable community with more effective congestion management and parking resource management. In this regard, the LUCE makes changes in the way the City addresses its critical land use policies as it integrates land use with transportation and parking policies to achieve a reduction in vehicle trips, which also addresses congestion management and air quality goals. The proposed Amendment to the Yahoo Center Development Agreement is an opportunity to implement key LUCE policies because it allows historically underutilized, 18 surplus parking spaces to be shared with other users, while still maintaining sufficient parking to meet the peak parking demand of its on-site tenants. It is important to note that the Yahoo Center has historically underutilized spaces, in part because modes of transportation and working patterns have changed, and because when the parking requirement was established in 1983, spaces were required in excess of the number necessary. to meet the site's peak parking demand. This was done in response to a desire to protect adjacent residential neighborhoods from potential spill-over impacts associated with a shortage of on-site parking. However, as discussed earlier in this report, leading authorities on parking such as the Urban Land Institute now recognize the effects that an urban. location and increased office development floor area have on reducing peak parking demand. Moreover, since the project was originally approved, preferential parking zones have been established throughout the adjacent residential areas to address potential employee/visitor spill-over from area commercial uses. Therefore, with protective measures in place for adjacent residential areas, and the documented underutilization of parking spaces at the Yahoo Center, there is an opportunity for shared use of the parking garage. The Yahoo Center development is located in the Office Campus Land Use Designation. This land use designation is applied to limited areas of the City that are currently developed with substantial office campus uses and are not expected to change during the time horizon of the LUCE (2030). As discussed more fully below, one of the key provisions of the LUCE is centered on implementing coordinated transportation demand management and parking management strategies in the City's districts that. actively encourage shared parking and a reduction in vehicle trips. More specifically, the following are the relevant General Plan policies set forth in the LUCE that address the proposed Amendment to the Yahoo Center Development Agreement: 19 (1) "Utilize parking and TDM Districts to facilitate efficient use of parking resources, shared and reduced parking opportunities, and trip reduction goals." (LUCE Citywide Land Use Policy LU4.8, p. 2.1-14) (2) "Adjust parking requirements for projects when it can be demonstrated that a lower parking demand is appropriate." (LUCE Circulation Policy T26.4, p. 4.0-73) (3) "Consider allowing developers to meet their minimum parking requirements via shared parking between uses, payment of in-lieu fees, or off-site parking within a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73) (4) "If the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the -needs of their various users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." (LUCE Circulation Policy T26.11, p. 4.0- 73) (5) "Impose appropriate Transportation Demand Management (TDM) requirements for new development." (LUCE Circulation Policy T19.2, p. 4.0-63) (6) "Create incentives for existing employers, institutions and residential neighborhoods to reduce their vehicle trips." (LUCE Circulation Policy T19.3, p. 4.0-63) (7) "Strengthen the Transportation Management Ordinance to further reduce trips generated by existing employees" ... through establishment of Transportation Management Associations for private employers. (LUCE TDM discussion, p. 4.0- 60) The goals and policies discussed above, and set forth in the City's General Plan, encourage more active management of parking resources through implementation of parking efficiency strategies such sharing of existing, surplus parking between different user groups and/or neighboring uses, lowering parking requirements, and parking pricing to reduce the demand for parking. These General Plan policies also work with the LUCE Transportation Demand Management strategy to reduce vehicle trips and associated parking demand. The Applicant's continued provision of up to 1,053 private-owned parking spaces into the area's overall shared parking supply is a significant resource that will help alleviate parking shortages by creating a mechanism to more efficiently managing existing parking resources on an area-wide basis. The shared use of the Yahoo Center parking 20 facility is a tangible way to implement a parking efficiency strategy called for by the LUCE in order to better match the area's existing supply of underutilized spaces with the parking demand generated by other area users. Moreover, the shared use of this parking resource facilitates the conservation of additional resources that would otherwise be expended on developing unnecessary parking in the area, thereby reducing the constructed-related impacts associated with this type of new development. For example, shared parking at the Yahoo Center helps to address the practical necessity of providing vehicle storage for auto .dealers that would otherwise need to be accommodated through construction of parking structures along the City's commercial boulevards; it also helps neighboring businesses with limited on-site parking to provide employee and/or visitor parking in order to limit overflow on to neighborhood streets. Finally, the proposed Amendment also includes the requirement to implement an expanded, facility-wide TDM Program that includes the formation of a coordinated Transportation Management Association (TMA) for the entire facility with outreach required to neighboring commercial uses; provision of additional bicycle parking on site; and the establishment of a parking cash out program for tenants to incentivize employees to use alternative modes of transportation to/from work. Environmental Analysis The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1, which specifies that projects that consist of the operation, leasing, or minor alteration of existing public or private structures or facilities and that involve negligible or no expansion of an existing use are exempt from the provision of CEQA requiring the preparation of environmental documents. 21 The proposed project is Categorically Exempt from the provision of CEQA because it involves an amendment to an existing Development Agreement for the Yahoo Center office development to permit the continued leasing of existing on-site, surplus parking spaces to off-site parties (non-tenants) and to amend the current parking demand formulae that establish the number of existing parking spaces required to serve the mix of uses on site. The leasing of on-site parking spaces to off-site parties is a practice that has been continuously implemented by the facility since at least 2004 and the revised parking demand formulae reflect current parking usage patterns and would not result in the loss of any of the approximately 3,086 existing parking space on site. No new construction or expansion of the existing mixed use office development and associated subterranean parking garage is proposed with the project. Therefore, the pending project to amend the Development Agreement is consistent with the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301. Development Agreement Summary of Development Agreement Amendment Terms The following is a summary of the nine sections of the proposed Development Agreement Amendment provided as Attachment A: Section 1a. Parking ® Parking Demand Formula provided as Exhibit A to the Fourth Amendment is deleted; parking for the Yahoo Center will be calculated in accordance with Exhibit A of the Amendment. o Parking ratio: 1space/500 SF of office floor area. o Lease up to 1,053 parking spaces to non-tenants, including for storage of automobiles, provided that sufficient parking is provided at all times to meet peak demand of on-site tenants based on actual mix of uses on site. o Provide unlimited number of parking spaces to non-tenants in connection with special events in the evenings, on weekends, and holidays. o Maintain at all times a current list of cumulative floor area for each use category, the actual number of parking spaces required to meet the actual mix of uses based on the largest of the parking demand, and the number of spaces leased to non-tenants. This information shall be also provided to the City within ten days of execution of this Amendment. 22 o Applicant shall submit documentation to the City within ten days of execution of a Yahoo Center tenant lease for a use that is different from the prior use of the leased premises and as part of the City's annual review of the Agreement. Section 1b. Transportation Demand Management Program • Owner shall comply with the requirements of the Traffic Demand Management ("TDM") Plan attached as Exhibit B to the Amendment. • Owner's inability to achieve the AVR target in the TDM Plan shall not constitute a default within. the meaning of this Agreement, provided that Owner is taking all reasonable and feasible steps to meet such a target. • Subject to approval by the Planning Director, Owner may modify the TDM Plan; provided that the TDM Plan, as modified, can be demonstrated to be equal or superior in its effectiveness at mitigating the traffic-generating effects of improvements at the site. Section 1c. No Mandated Free Parking • Applicant shall not be required to mandate its tenants provide free parking to their employees. Section 1 d. City Cost Recovery • Following completion of each Periodic Review specified in Section 16 of the Development Agreement, CA-Colorado Center, L.L.C, shall reimburse the City for its actual and reasonable costs incurred in connection with its annual review of compliance with the Development Agreement. Section 1e-f. Specific Performance & Damage Claims • Establishes provisions that are consistent with more current Development Agreements with respect to the remedy of specific performance and City and Applicant damage claims. Section 1g. Enforcement • Enforcement. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the City's Municipal Code. (Proposed by City but not agreed to by Owner.] Section 1 h. Additional Signage • Provides for Signage adjacent to the on-site park to inform visitors that free parking is provided on weekends and holidays for park visitors. 23 Section 1i. Continuing Community Outreach • Property Owner shall be required to host an annual community meeting to identify and address any issues associated with the Owner's compliance with the Development Agreement. Notification of the meeting will be mailed to residents and property owners within a 500-foot radius. Section 1 j. Deliveries from Auto Dealerships • Delivery of automobiles from automobile dealerships to the project site shall not occur during normal a.m. and p.m. peak traffic hours; oversized-car carriers shall not travel to and from the project site via local residential streets. Public Benefits The following is a summary of the key Transportation Demand Management Plan elements the Applicant will be required to implement in order to reduce overall parking demand at the site and vehicle trips within the area:. Transportation Demand Management Program Performance Measurement and Standards 1. The Yahoo Center shall conduct employee transportation surveys for purposes of establishing a baseline average vehicle ridership (AVR) for the entire site. 2. The Yahoo Center shall establish a target AVR equivalent to a 1.5 AVR during peak periods (AM and PM) by November 2013. In addition, the target AVR shall increase to be equivalent to a 1.6 AVR once the Phase II of the Expo line is complete and operating as currently anticipated. (Note: as presented in greater detail in Attachment F, the baseline AVR for the site is 1.31) 3. After the completion of the first employee transportation survey, subsequent surveys shall be conducted at the Yahoo Center on an annual basis for purposes of measuring AVR, assessing the progress towards attainment of the target AVR, and determining potential modifications to the TDM plan to enhance performance. TDM Plan Program Elements 1. Transportation Information Center. The Yahoo Center shall provide on-site information for employees and visitors about local public transit services and bicycle facilities (including routes, rental and sales locations, and on-site bicycle racks), walking and biking maps for employees and visitors which shall include but not be limited to information about convenient local services and restaurants within walking distance of the Project. 24 2. TDM Web Site Information. The Yahoo Center shall be required to make available via a web site transportation information such as the items noted in No. 1 above, including links to local transit providers, area walking, and bicycling maps to inform employees and visitors of available alternative transportation modes to access the project site and travel in the area. In addition, the Yahoo Center shall distribute, by email or otherwise, a quarterly newsletter regarding the TDM plan. 3. Employee Transportation Coordinator. An Employee Transportation Coordinator (ETC) shall be designated for this site by the Yahoo Center. The ETC shall manage all aspects of this TDM program and participate in City-sponsored workshops and information roundtables. As the. Project is occupied by multiple users, the Yahoo Center shall establish a site-specific Transportation Management Association (TMA), to encourage the implementation of TDM strategies for the tenants of the Yahoo Center. The ETC shall be responsible for making available information materials on options for alternative transportation modes and opportunities. In addition, transit fare media and day/month passes will be made available through the ETC to employees and visitors during typical business hours. The ETC shall contact or require each tenant to contact each employee at least once a year with an offer of personalized commute assistance and information, rideshare matching and incentives. 4. Vanpool/Carpool Matching Program. The Yahoo Center shall provide at no cost to project site employees -either in-house or through a qualified third party such as Metro - a service which matches potential carpool and vanpool partners. To enhance potential rideshare matching opportunities, carpool and vanpool matching should be coordinated with employees at the project site, as well as employees at nearby employee centers (for example, the Water Garden). 5. Preferential Parking Program. The Yahoo Center shall provide preferential parking within the parking garage for project site employees who commute to work in employer registered carpools and vanpools. An employee who drives to work with at least one other employee in the project or adjacent facilities may register as acarpool/vanpool entitled to preferential parking. 6. Parking Availability for Non-Building Users. Consistent with providing sufficient on-site parking to meet the peak demand of its on-site tenants, the Yahoo Center will make any unused on-site commercial parking available for monthly lease at market rates to third parties in the surrounding area in need of parking. 7. Parking Pricing. Hourly parking pricing shall be market-based and adjusted periodically in an effort to ensure parking availability for tenants and their employees and visitors during peak parking hours. 8. No Tenant Parking on Residential Streets. The Yahoo Center shall include in all new tenant leases a provision requiring tenants to inform their employees not to park on residential streets in the vicinity of the Yahoo Center. 25 9. Convenient Parking for Bicycle Commuters. The Yahoo Center shall provide location(s) within the garage or other convenient location relative to the commercial component of the Project for secure parking for bicycle commuters for employees working at the site and visitors to the site for a minimum of 117 bicycles, which is equivalent to approximately 3.8% of the total vehicle parking spaces (3,086 spaces) provided for the Project. The secure bicycle parking will be located within the Project site such that long-term and short-term parkers can be accommodated. For purposes of this requirement, bicycle parking may mean bicycle racks, a locked cage, or other secure parking area. The Yahoo Center shall- increase the amount of secured bicycle on an as-needed basis based on actual demand. The Yahoo Center shall provide tenants and their employees with information regarding the availability of secured bicycle parking as part of its TDM efforts. 1.7.CompreSSed vv~Ork v~/cek Siiicdiiic. Tiic Y81i0v Cciiter Shaii regiiiie iii 81i iieYV leases it executes as landlord for space within the project site that, when commercially feasible, a Compressed Work Week schedule shall be offered to employees whereby their hours of employment may be scheduled in a manner which reduces trips to/from the worksite during. peak hours for the surrounding streets. 11. Flex-Time Schedule. The Yahoo Center shall require in all new leases it executes as landlord for space within the project site that, when commercially feasible, employers shall permit employees within the project site to adjust their work hours in order to accommodate public transit schedules, rideshare arrangements, or off-peak hour commuting. 12. Guaranteed Return Trip. The Yahoo Center shall require in all new leases it executes as landlord for space within the project site that, when commercially feasible, tenants provide employees who vanpool or carpool, with a return trip to their point of commute origin at no additional cost to the employee, when a Personal Emergency Situation (per Metro's guidelines) requires it. The Yahoo Center shall contact Metro to participate in Metro's program as appropriate. 13. Parking Cash Out. The Yahoo Center shall require in all new leases it executes as landlord for space within the project site a provision requiring tenants to offer parking cash outs to their employees. Such leases may require employees to pay market rates for parking; provided, however, that tenants shall be permitted to cover employee parking costs, on condition they offer employees equivalent reimbursement amount in the form of taxable cash or non-taxable commuter benefits, including monthly transit passes. 14. Transportation Management Association (TMA). The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to participate in the TMA, and. the Yahoo Center shall encourage existing tenants to participate in the TMA. The Yahoo Center may pass through the costs of operating the TMA to tenants. The Yahoo Center shall use reasonable efforts to encourage non-tenant businesses in the vicinity of the 26 Yahoo Center to join the TMA. In addition, the TMA shall actively promote TDM measures, provide new-employee packages, hold at least three events annually, and offer incentives for trial ridership, contests, etc. 15. Changes to TDM Program. Subject to approval by the City's Planning Director, the Yahoo Center can modify this TDM program provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness at mitigating the traffic-generating effects of this Project. Periodic Reporting Requirement The Applicant would be required to maintain at all times a current list of cumulative floor area for each use category, the actual number of parking spaces required to meet the actual mix of uses based on the largest of the parking demand, and the number of spaces leased to non-tenants. The Applicant would be required to provide this information to the City within ten days of execution of this Amendment and would also be required to submit documentation to the City within ten days of execution of a Yahoo Center tenant lease for a use that is different from the prior use of the leased premises. Finally, as part of the City's annual review of the Agreement, the Applicant is required to provide the list of cumulative floor area for each use. category, the actual number of parking spaces required to meet the actual mix of uses based on the largest of the parking demand, and the number of spaces leased to non-tenants. Subsequent Review and Monitoring The existing Development Agreement provides that annual review of the Development Agreement for compliance with all terms of the Agreement is required and that the Applicant shall submit a report annually demonstrating compliance with Agreement terms. With this proposed Amendment, the Applicant would be required to reimburse the City for its actual and reasonable costs incurred in connection with its annual review for compliance with the Development Agreement. Conclusion CA-Colorado Center, L.L.C., proposes to amend its Development Agreement with the City to revise the base. parking ratio for office use on the site from the current 27 requirement of one parking space per 322 SF of office floor area to one parking space per 500 SF of office floor area. This Amendment would also authorize leasing of up to 1,053 existing surplus parking spaces to off-site parties, consistent with the facility's long-standing practice of leasing these underutilized spaces while still maintaining sufficient parking for its on-site tenants. In summary, staff's recommendation of approval is based on the following key factors: • A detailed parking study demonstrates that based on current and forecast peak- hour parking availability, the base ratio of one parking space per 322 SF of floor area significantly over-states the actual parking demand for the Yahoo Center development, and that the proposed parking ratio better reflects actual usage patterns at the site. • The approach used to calculating the site's parking requirement is consistent with the relationship between building area and associated parking demand ratios that has been documented by leading authorities on parking. • The proposed Amendment represents an opportunity to begin implementation of LUCE goals and policies focused on creating parking programs that allow underutilized, surplus parking spaces to be shared with other users, while still maintaining sufficient parking to meet the needs of the principle users of the parking resource. • The provision of up to 1,053 privately-owned parking spaces as a shared resource will assist the City in more efficiently managing existing parking on an area-wide basis. • The shared use of the Yahoo Center parking garage facilitates conservation of resources and reduction of construction-related neighborhood impacts. The proposed Amendment has procedures in place to monitor compliance with terms of the amended Agreement and requires a reduction in the number of spaces leased to non-tenants if there are not enough spaces available to meet on-site demand. • Finally, the proposed Amendment implements the LUCE's Transportation Demand Management Strategy with the requirement for a TDM plan that will further reduce vehicle trips to the site and associated parking demand by enhancing current trip-reduction measures already in place for large employers at the site and will apply to all Yahoo Center tenants. 28 Financial Impacts & Budget Actions Staff costs for the Development Agreement process are paid from application fees. There are public benefits that the developer will be required to provide pursuant to the Development Agreement Amendment negotiations. There are no anticipated financial or budgetary impacts to the City. Prepared by: Roxanne Tanemori, AICP, Senior Planner Approved: Forwarded to Council: Attachments: A. Ordinance adopting Amendment Number 5 to the Development Agreement B. Proposed Amendment Number 5 to the Development Agreement C. Amendment Number 5 to the Development Agreement Findings D. Yahoo Center Parking Demand Study, April 25, 2011 E. Public correspondence F. AVR Calculation for Yahoo Center, May 31,2 011 G. Memorandum Regarding Parking Facility Tax, June 2, 2011 29 Director, Planning and Community City Manager Development Department Attachment A Ordinance adopting Amendment Number 5 to the Development Agreement 30 CA:flatty\muni\laws\barry\Yahoo Center DA Ordinance 06-14-11 City Council Meeting 06-14-11 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION AND CA-COLORADO CENTER L.L.C, A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, on February 22, 2011, CA-Colorado Center L.L.C., a California Limited Partnership, submitted an application to amend the Development Agreement for the Yahoo Center office development (formerly known as Colorado Place Phase I and II) in order to amend the current parking demand formulae that establishes the number of existing parking spaces required to serve the mix of uses on site, to permit the continued leasing of existing, underutilized spaces to off-site parties, and to establish a Transportation Demand Management Program, among other modifications; and WHEREAS, the development agreement is consistent with the General Plan, as summarized below, and as detailed in the accompanying City Council staff report prepared for this proposed project and the exhibits thereto, including, but not limited to: (1) "Utilize parking and TDM Districts to facilitate efficient use of parking resources, shared and reduced parking opportunities, and trip reduction goals." (LUCE Citywide Land Use Policy LU4.8, p. 2.1-14) 1 (2) "The City plans to encourage parking efficiency strategies such as shared parking (including sharing of existing parking), lowered parking requirements, and parking pricing to reduce the demand for parking. Reducing parking demand can also encourage alternatives to auto travel, promoting apedestrian-friendly urban landscape by reducing the amount of urban space dedicated to parking." (LUCE Sustainability and Climate Change p. 3.1-10) (3) "Adjust parking requirements for projects when it can be demonstrated that a lower parking demand is appropriate." (LUCE Circulation Policy T26.4, p. 4.0- 73) (4) "Consider allowing developers to meet their minimum parking requirements via shared parking between uses, payment of in-lieu fees, or off-site parking within a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73) (5) "If the owners and operators of properties can demonstrate that they have more parking than is actually necessaryto meetthe needs oftheirvarious users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." (LUCE Circulation Policy T26.11, p. 4.0-73), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a municipal 2 corporation, and CA-Colorado Center L. L.C, a California Limited Partnership is hereby approved. The City Manager is authorized to execute the attached Development Agreement. 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 modified to that extent necessary to make fully effective the provisions of this Development Agreement. SECTION 3. Any provision ofthe 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 3 any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance: The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: J/ M HA JO ES MO IE Cit ttor ey 4 EXHIBIT 1 DEVELOPMENT AGREEMENT AMENDMENT Recording requested and return to: Equity Office Management, LLC 790 E. Colorado Blvd., Suite 800 Pasadena, CA 91101 Attn: Charlie Hobey AMENDMENT NUMBER 5 TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA MONICA AND CA-COLORADO CENTER, L.L.C Dated: ,2011 AMENDMENT NUMBER 5 TO DEVELOPMENT AGREEMENT This Amendment Number 5 to Development Agreement ("Amendment No. 5) is entered into as of the , 2011, by and between the CITY OF SANTA MONICA, a Charter City organized and existing under the laws of the State of California (the "City") and CA- COLORADO CENTER, L.L.C., a Delaware limited liability company ("Owner"), with reference to the following facts: A. The City and COLORADO PLACE LIMITED, a California Limited Partnership ("CPL") entered into that certain Development Agreement dated October 27, 1981 and recorded in the Official Records of the County of Los Angeles on February 24, 1982 as Instrument No. 82-193147 (the "Original Agreement"). The Original Agreement has been amended by (i) Amendment Number 1 to Development Agreement dated July 26, 1983 recorded October 5, 1983 as Instrument No. 83-1176312, (ii) Amendment Number 2 to Development Agreement dated April 24, 1984 recorded May 18, 1984 as Instrument No. 84-594528, (iii) Amendment Number 3 to Development Agreement dated May 28, 1985 recorded July 19, 1985 as Instrument No. 85-631730, and (iv) Amendment No. 4 to Development Agreement dated December 16, 1987 ("Amendment No. 4). (The Original Agreement, as amended by such amendments, is hereinafter referred to as the "Agreement".) B. The Agreement relates to that certain real property located in the City of Santa Monica, State of California, described in Exhibit A to the Original Agreement (the "Property"). Owner holds legal title to the. Property as the successor in interest to CPL under the Original Agreement. The Property is developed with a mixed use office complex commonly known as The Yahoo Center (the "Project") C. Exhibit A to Amendment No. 4 specifies parking ratios for the various uses on the Property. A Yahoo Center Parking Demand Study, dated April 25, 2011, prepared by Linscott Law & Greenspan shows that such parking ratios significantly overstate actual parking demand for the Project and that there are a large number of surplus parking spaces in the Project. This Parking Demand Study has been reviewed and approved by the City. D. The Owner has along-standing practice of leasing these underutilized spaces while still maintaining sufficient parking for its on-site tenants. E. This Amendment Number 5 to the Development Agreement would authorize the leasing of up to 1,053 existing surplus parking spaces to off-site parties (non-tenants), consistent with the facility's long-standing practice. F. The City and Owner desire to amend the Agreement in the manner set forth herein in order to (i) revise the required parking ratios, (ii) permit Owner to lease the surplus spaces to off- site users, and (iii) implement afacility-wide Transportation Demand Management Plan. G. The City has deterrnined that the modifications to the Agreement set forth herein are consistent with the City's Land Use and Circulation Element ("LUCE"). More specifically, (1) "Utilize parking and TDM Districts to facilitate efficient use of parking resources, shared and reduced parking opportunities, and trip reduction goals." (LUCE Citywide Land Use Policy LU4.8, p. 2.1-14) (2) "The City plans to encourage parking efficiency strategies such as shared parking (including sharing of existing parking), lowered parking requirements, and parking pricing to reduce the demand for parking. Reducing parking demand can also encourage alternatives to auto travel, promoting apedestrian-friendly urban landscape by reducing the amount of urban space dedicated to parking." (LUCE Sustainability and Climate Change p. 3.1-10) (3) "Adjust parking requirements for projects when it can be demonstrated that a dower parking demand is appropriate." (LUCE Circulation Policy T26.4, p. 4.0- 73) (4) "Consider allowing developers to meet their minimum parking requirements via shared parking between uses, payment of in-lieu fees, or off-site parking within a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73) (5) "If the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the needs of their various users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." (LUCE Circulation Policy T26.11, p. 4.0- 73) H. The City Planning Commission held a duly noticed public hearing on May 18, 2011 with respect to the Amendment Number 5 and recommended that the City Council adopt the proposed amendment. I. In taking this action, the City Council has (a) specifically considered and approved the impacts and benefits of the requested Amendment Number 5 and has concluded that this Amendment Number 5 is consistent with the public health, safety, and welfare of the residents of the City and the surrounding region, and as detailed above, promotes the goals, objectives, and policies of the General Plan, (b) determined that the City has complied with all procedures required by the Development Agreement Statutes with respect to Amendment Number 5, and (c) duly authorized the City to enter into this Amendment Number 5. NOW, THEREFORE, IN CONSIDERATION of the foregoing facts and the mutual covenants set forth herein, the parties hereto agree as follows: 1. The Agreement is hereby amended in the following respects: a. Parkine. The parking requirements for the Project shall be established in accordance with the following: (i) The Parking Demand Formula attached as Exhibit A to Amendment No. 4 is hereby deleted in its entirety. Parking for the Project shall be provided in accordance with the revised Parking Demand Formula attached as Exhibit A to this Amendment No. S (the "Parking Demand Formula"). (ii) The amount of required parking shall be the highest parking demand established based on the calculations at each of the "peak" demand periods set forth in Exhibit A, which calculations shall be based on the actual mix of uses in the Project and the respective parking ratios for each use for each of such peak demand periods as set forth in the Parking Demand Formula. Owner shall ensure that at all times there are parking spaces available to meet the highest on-site tenant peak parking demand as determined in accordance with this subsection (a)(ii) of this Paragraph 1. (iii) Notwithstanding anything contained in the Agreement or the Santa Monica Municipal Code to the contrary: (A) Owner may lease up to 1,053 Project parking spaces, including leases for vehicle storage, during normal work hours to non-tenants of the Project, subject to ensuring that there is parking available to meet the peak demand of its on-site tenants as established by the Parking Demand Formula and as required by subsection (a)(ii) of this Paragraph 1 and (B) Owner may provide an unlimited number of parking spaces to non-tenants in connection with special events in the evenings and on weekends and holidays. (C) Owner shall maintain a list of the cumulative floor area used for each use category, the actual number of parking spaces required to meet the actual mix of uses based on the highest of the parking demand, and the number of spaces leased to non-tenants. Owner shall update this list as tenant spaces are vacated and re-occupied. Owner shall submit such list to the City within ten (10) days of the execution of this Amendment No. 5, within ten (10) days of Owner's execution of a tenant lease for a use that is different from the prior use of the leased premises, and as part of the City's annual review of the Agreement. b. TDM Proeram. Owner shall comply with the requirements of the Traffic Demand Management ("TDM") Plan attached as Exhibit B to this Amendment No. 5. Notwithstanding for foregoing, Owner's inability to achieve the AVR target in the TDM Plan shall not constitute a default within the meaning of this Agreement, provided that Owner is taking all reasonable and feasible steps to meet such target. Subject to approval by the Planning Director, Owner may modify the TDM Plan; provided that the TDM Plan, as modified, can be demonstrated to be equal or superior in its effectiveness at mitigating the traffic-generating effects of improvements on the Property. c. No Mandated Free Parkine. Notwithstanding anything to the contrary in the Agreement, Owner shall not be required to mandate its tenants to provide free parking to their employees. d. City Cost Recovery. Following completion of each Periodic Review, Owner shall reimburse the City for its actual and reasonable costs incurred in connection with such review. e. Specific Performance. The City and Developer acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to the non- defaultingparty in the event of any non-monetary default: f. No Damases Relief A¢ainst City. It is acknowledged by Owner that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees and court costs, the City shall not be liable in damages to Owner and Owner covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (i) for any default hereunder; (ii) for the regulatory taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. The City and Owner agree that the provisions of this subsection (f) do not apply for damages which: (i) do not arise under this Agreement; (ii) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) - do not arise out of or which are not connected with any dispute, controversy or issue regarding the application,. interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies. g. Enforcement: The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the City's Municipal Code.. [Proposed by City but not agreed to by Owner.] h. Additional SiQnage. The Owner shall post a sign adjacent to the park informing park visitors that Owner provides free parking on weekends and holidays for park visitors. i. Continuing Community Outreach. The Owner shall hold an annual community meeting at the Project site with residents in the Project vicinity. The Owner shall provide residents and property owners within a 500-foot radius of the Project site at least 15 days' prior written notice of such meeting by U.S. Mail. The purpose of the meetings will be to identify and address any issues associated with the Owner's compliance under this Agreement. j. Deliveries from Auto Dealerships. The delivery of automobiles from automobile dealerships to the Project site shall occur outside of the normal a.m. and p.m. peak traffic hours (i.e., 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). Oversize car carriers shall not travel to and from the Project site via local residential streets. 2. Except as expressly set forth herein; all of the terms and conditions of the Agreement, as previously modified, shall remain unmodified and in full force and effect. 3. The parties shall cause this Fifth Amendment to be recorded in the Official Records of the Los Angeles County Recorder's Office. IN WITNESS WHEREOF, this Amendment Number 5 has been executed as of the date and year first above written. APPROVED AS TO FORM: City Attorney CITY OF SANTA MONICA, a municipal corporation By: City Manager Attest: City Clerk CA-COLORADO CENTER, L.L.C., a Delaware limited liability company By: CA-Colorado Center Limited Partnership, a Delaware limited partnership, its sole member By: EOM GP, L.L.C., a Delaware limited liability company, its general partner By:, N Title: Exhibit A Parking Demand Formula A. Parking Requirement Calculations The actual number of parking spaces required for the actual mix of uses on the Property shall be the highest of the parking demand at 10:00 AM, 11:00 AM, 12:00 PM, 1:00 PM, or 2:00 PM weekdays, with those demands being computed in accordance with the following rates: Use SO:OD 4lvi 11:04 A:~S 12:44 Phf L40 P~3 2:OD ffi4 Ra?e {space per) Rate(spaceper) Rate (space per) Rate {space per) Rate (space per) Office SD6 SF SGD SF 543 SF 543 SF 521 SF Sit-Dotuv Restaurant 15 seats 15 seats 3 seals 3 seats 9 seats Fast-Food Restaurant 37.5 sea?s 31.5 seats 7.S seats 7.5 seats 18.15 seats Retail 750 5'F 75D SF TO SF 754 SF SD4 SF Health Club 750 5F TO 5F 750 SF 730 SF 500 SF hfedical Office 254 SF 250 SF ti0 SF ti0 SF ?54 SF B. Backeround The formulae set forth above were developed utilizing the demand criteria for different times of day established in the April 25, 2011 Yahoo Center Parking Demand Study prepared by Linscott Law & Greenspan ("Parking Demand Study"), incorporated herein by reference. C. Example For illustrative purposes only, application of the formulae to one of the reasonably anticipated mix of uses on the Property is shown below and in Table 3 of the Parking Demand Study. This application of the formulae shown below would require a total of 1,938 parking spaces to be provided to meet the peak parking demand of the on-site uses which would authorize the leasing of up to 1,053 parking spaces to non-tenants. M19odfied Packing Calalation kr Yahoo Center Using Proposetl Nztv Rate for Olce [1J 10:00 AM Par6iv¢ II:OO AM Pffi kh1Y 3 12:OD PSI Pa LivY 3 LOO PM Pazk htY 2:00 PYt Par}& vY ~S2 $IZE 2 Rdie (5 aCC ) PmL~aII Rat2 5 Ce ) Parldvs Rate (a Ce Pa),IOY RAte (3 aGe ) PafdIlII R8t2 5 LC Ct) Parkifi4 Office [1J 653.360 sf 500 sf 1.3ll 500 sf 1.31? 553 sf 1.]11 5k3 sf 3231 521 sf 1-'65 Sit-Donn Restaurant 2558 Sf 136 scats 15 scats 1_' 15 scab 1'- - 3 seats 6'- 3 smu 6'_ 9 seats 21 Fa't-Food R^Sta-['Nt 3.85 s£ IZS 3eat5 3?.5 SeAt3 ~ 3].$ seats ~ ?.$ Sed6 21 i.5 sedt'> 11 I3.]S eCAt9 3 Retail 2.009 sf ?50 sf 3 SO sf XO sf. i50 sf 3 500 sY 5 Heoidt Chtb < IL'63 sf i50 sf 1< ?50 sf t5 ?50 sf 15 ?30 sf t3 500 sf 23 Medical Oii<e 1.0?6 sf 250 sf 8 150 sf S 250 sf 8 150 sf S 250 sf S Total 63+.919 sf 1.359 1.359 1.330 1.330 3.318 .add Pazhias I.rased to O6-Site CUas 6 953 913 95S 935 918 Zorl Forecast YViwo CCarer ParAins Demaral (Cl¢xmt) 1.30? 2.30) 1265 1265 _'2?6 Observed Pal~nYDzdrmd on December1,2010 21?5 2291 2295 - 2259 a»d Vacant Office ] 239.279 sf 500 sf 5i9 500 sf 5?9 43 sf 532 513 sf 532 52t sf - - AddRevainins: ParLinz I.eascd to Off--Site USas S 105 t05 105 305 305 Yahoo Cevra Parlaaz Dmtmdatfl01 OC9t mtcy 9 2991 1.991 1.906 1906 ?.936 Pahoo Center PO16bnY 3vpp1}' 3,036 3,036 3,036 3.036 3.086 PuY.ivg Srvph¢ at Yahoo Ceuta a Fall Ocrnpascy 95 95 - 1S0 - I30 150 - [I]Sce£+dssbitAto Amendment NUmbaifa IHrelopmmt A¢aemevt. [2]Sizerepreuws occupied fl«ram at tine ofpalivg Nilizationcovatsweat3y Decenba ZOlo. [3] Fx6ibitAdcesaot pmzide port u¢Ma fce 31 W Ail sad 32 W pYipeuods; rhos, it isaznwedtbat it W AH rates are egiuaalmt fo IOOOAM and I?'00 Mtratez az zquivalmtto 1:00 F.rt [s] Hand ov obsen~edpvrd'ng demand iris ptgwscdthatbase (IOW/e demmd) offi«paimfgmte at We Yah« Cmtabe mod5ed Gom 1 spaczt322 square fzet tv 1 spacr'S00 sqi~ t«t [5] Exiuhit Adaesmtprovide spmEc pa6ing rates t«fieaith Clubs; thanfine, pa6'ngmtes fm l4vvi~ ere utilvsd [6] Assumes 90% ufilizafionof 1.053 pa6w-v¢spaces lmsetl faoff-ate users pabedai time otpa6-tvauW Vali®mwts in zalyDecember3010 (913 spares)- [I]Eaere was 339,135 Sfofaarmilwidautiivxd office floes azm at^",°ofpakingaNvavon cwmtsineuipDx:mber 2010. FOr aalysispotposes. it isasffied ibat FVII OCCOpaucyis egwvalmtro 95%ofoffice space occupizd. ZWS,?89,1]9 sfofexembbadanti4zM of6ez fiattwouW need ro be «rupizdto brag We k"aimo center to 95~ «cupanry [&] Azmmzs unlutiwoframainmg 10%. of 3,0& padmgsp«es lmsedto offsite ¢sers (103 spaces)- [9]Full «tpmcypal0naf at basedoviotalFOr«ast Yahoo Curter Palas Demavd(Clmmt)plaz added Mmwd dvero occupancy ofmcantoffire space atd mused lmudpazling spaez. Exhibit B Traffic Demand Management Program MEMORANDUM ro: Dale Goldsmith Date: April 5, 2011 Armbruster Goldsmith & Delvac LLP From: David S. Shender, P.E. uc Rec 1-10-3880-1 Linscott, Law & Greenspan, Engineers Transportation Demand Management (TDM) Plan for the Yahoo sabject: Center at 2425 Colorado Avenue In the City of Santa Monica This Transportation Demand Management (TDM) plan has been prepared by Linscott, Law & Greenspan, Engineers (LLG) for the Yahoo Center located at 2425 Colorado Avenue in the City of Santa Monica. The TDM plan has been provided in conjuncfion with the request by the Yahoo Center to modify its Development Agreement with the City of Santa Monica to permit the leasing of parking spaces to non-tenants. The Yahoo Center is an existing office complex located at 2425 Colorado Avenue in the City of Santa Monica, California. The Center encompasses the block generally bounded by 26a' Street to the east, Cloverfield Boulevard to the west, Colorado Avenue to the south, and Broadway to the north. The Yahoo Center complex provides a total of 1,024,074 square feet of building floor area, with space primarily leased to office tenants, but includes some ground floor commercial space for retail and restaurant uses. Approximately 3,086 parking spaces are provided on-site at the Yahoo Center in a three-level subterranean parking structure. Transportation Demand Management Plan A TDM plan has been prepared for the Yahoo Center as to reduce vehicular traffic and parking generated by the development. Currently, individual tenants at the Yahoo Center are required to prepare and submit an Employee Trip Reduction Plan (ETRP) to the City of Santa Monica in accordance with the requirements set forth in Santa Monica Municipal Code (SMMC) 9.16 (Transportation Management). Performance Measurement and Standards • The Yahoo Center shall conduct employee transportation surveys in accordance with policies and procedures set forth by the City of Santa Monica for purposes of establishing a baseline average vehicle ridership (AVR). Individual tenants within the Yahoo Center with 50 or more employees that prepare Employee Trip Reduction Plans (ETRP) under City Code Section 9.16.070 shall not be required to participate in the additional transportation survey; these qualified tenants shall make their employee transportation survey data available to the Yahoo Center Employee Transportation Coordinator such that asite-wide AVR can be determined. Engineers & Planners Traffic Transportafion Parking Linscott, Law & Greenspan, Engineers 236 N. Chester Avenue Suite 200 Pasadena, CA 91106 626.796.2322 i 626.7920941 F www.lrgengineers.com Pasadena Costa Mesa San Diego Las Vegas F.`9igPlemiuc~5haza~000NCIL~STRPI~2011!Yahoo Curter DA Ame¢dmevt 201 DAmevdmam RaoWtiou ~rdimvecATDN Plan (6-2- I I)Aoc Dale Goldsmith April 5, 2011 Page 2 The Yahoo Center shall establish a target AVR equivalent to a 1.5 AVR during peak periods (AM and PM) by November, 2013. In addition, the target AVR shall increased to be equivalent to a 1.6 AVR, once the Phase II of the Expo line is complete and operating as currently anticipated. • After the completion of the first employee transportation survey, subsequent surveys shall be conducted at the Yahoo Center on an annual basis for purposes of measuring AVR, assessing the progress towards attainment of the target AVR, and determining potential modifications to the TDM plan to enhance performance. Any plan revisions will be made consistent with the procedures provided in City Code Section 9.1b.070. TDMPlan Program Elements The specific program elements related to the TDM plan for the Yahoo Center (also referred to herein as the "Project") are described in the following secfions. 1. Transportation Information Center. The Yahoo Center shall provide on-site information for employees and visitors about local public transit services (including bus lines, light rail lines [future], bus fare programs, ride share programs, shuttles) and bicycle facilities (including routes, rental and sales locations, and on-site bicycle racks). The Yahoo Center shall also provide walking and biking maps for employees and visitors which shall include but not be limited to information about convenient local services and restaurants within walking distance of the Project. The Transportation Information Center need not be located in a separate office but may be located in a convenient azea on-site such as a central seating area or lobby. Such transportation information may also be provided through a computer terminal with access to the Internet or, via a website. 2. TDM Web Site Information. The Yahoo Center shall be required to make available via a web site transportation information such as the items noted in No. 1 above, including links to local transit providers, area walking, bicycling maps, etc., to inform employees and visitors of available alternative transportation modes to access the Project site and travel in the azea. In addition, the Yahoo Center shall distribute, by email or otherwise, a quarterly newsletter regarding the TDM plan. 3. Employee Transportation Coordinator. An Employee Transportation Coordinator (ETC) shall be designated for this site by the Yahoo Center as required by the City of Santa Monica's Transportation Management Division in accordance with Ordinance 1604 (City Code Section 9.16). The ETC shall Faaryela~n,no sn~,cooxc¢~sTxm~o~ ns~noo ceo~e~ ne ~zo~~~ zoi is~menmuzoo xesomuon omm~~e~rnn~ ei~ (~?_ ~ p.ao~ Dale Goldsmith Apri15, 2011 Page 3 manage all aspects of this TDM program and participate in City-sponsored workshops and information roundtables. As the Project is occupied by multiple users, the Yahoo Center shall establish asite-specific TMA (as defined in City Code Section 9.16.030), to encourage the implementation of TDM strategies for the occupants of the Project. The ETC shall be responsible for making available information materials on options for alternative transportation modes and opportunities. In addition, transit fare media and day/month passes will be made available through the ETC to employees and visitors during typical business hours. The ETC shall contact or require each tenant to contact each employee at least once a year with an offer of personalized commute assistance and information, rideshare matching and incentives. 4. yanpool/Carpool Matching Program. The Yahoo Center shall provide at no cost to Project employees -either in-house or through a qualified third party such as Metro - a service which matches potential carpool and yanpool partners. To enhance potential rideshare matching opportunities, carpool and yanpool matching should be coordinated with employees at the Project, as well as employees at nearby employee centers (for example, the Water Garden). 5. Preferential Parking Program. The Yahoo Center shall provide preferential parking within the parking garage for Project employees who commute to work in employer registered carpools and vanpools. An employee who drives to work with at least one other employee in the Project or adjacent facilities may register as a carpool/yanpool entitled to preferential parking within the meaning of this provision. 6. Parking Availability for Non-Building Users. Consistent with providing sufficient on-site parking for building users, the Yahoo Center will make any unused on-site commercial parking available for monthly lease at market rates to third parties in the surrounding area in need of parking. 7. Parking Pricing. Hourly parking pricing shall be market-based and adjusted periodically in an effort to ensure parking availability for tenants and their employees and visitors during peak parking hours. 8. No Tenant Parking on Residential Streets. The Yahoo Center shall instruct all tenants that their employees not to park on residential streets in the vicinity of the Yahoo Center. 9. Convenient Parking for Bicycle Commuters. The Yahoo Center shall provide .location(s) within the garage or other convenient location relative to the commercial component of the Project for secure parking for bicycle FtCityPlwuiny~ShazetCOiINC¢~STRPD3011AYahoo Curter DA Ame~dmcm 2011tAmeudmenr Rzsolunon OtdiuancetiDM Plan (68- ^)doc Dale Goldsmith Apri15, 2011 Page 4 commuters for employees working at the site and visitors to the site for a minimum of 117 bicycles, which is equivalent to approximately 3.8% of the total vehicle parking spaces (3,086 spaces) provided for the Project. The secure bicycle parking will be located within the Project site such that long- term and short-term parkers can be accommodated. .For purposes of this requirement, bicycle parking may mean bicycle racks, a locked cage, or other secure parking area. The Yahoo Center shall increase the amount of secured bicycle on an as-needed basis based on actual demand. The Yahoo Center shall provide tenants and their employees with information regarding the availability of secured bicycle parking as part of its TDM efforts. 10. Compressed Work Week Schedule: The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, a Compressed Work Week schedule shall be offered to employees whereby their hours of employment maybe scheduled in a manner which reduces trips to/from the worksite during peak hours for the surrounding streets. 11. Flex-Time Schedule. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, employers shall permit employees within the Project to adjust their work hours in order to accommodate public transit schedules, rideshare arrangements, or off-peak hour commuting. 12. Guaranteed Return Trip. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, tenants provide employees who vanpool or carpool, with a return trip to their point of commute origin at no additional cost to the employee, when a Personal Emergency Situation (per Metro's guidelines) requires it. The Yahoo Center shall contact Metro to participate in Metro's program as appropriate. 13. Parking Cash Out. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to offer parking cash outs to their employees. Such leases may require employees to pay market rates for parking; provided, however, that tenants shall be permitted to cover employee parking costs, on condition they offer employees equivalent reimbursement amount in the form of taxable cash or non-taxable commuter benefits, including monthly transit passes. 14. TMA. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to participate in the TMA, and the Yahoo Center shall encourage existing tenants to participate in FVCityPlamiveASha'~ COUPCIL~51ltPD2011AYahoo Cenra DA Amendmmt201I~Amendment Resolution OrdSnance`.1DM Plan (6-b I p.doc Dale Goldsmith Apri15, 2011 Page 5 the TMA. The Yahoo Center may pass through the costs of operafing the TMA to tenants. The Yahoo Center shall use reasonable efforts to encourage non-tenant businesses in the vicinity of the Yahoo Center to join the TMA. In addition, the TMA shall actively promote TDM measures, provide new- employee packages, hold at least three events annually, and offer incentives for trial ridership, contests, etc. 15. Changes to TDM Program. Subject to approval by the City's Planning Director, the Yahoo Center can modify this TDM program provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness at mitigating the traffic-generating effects of this Project. cc: File F9CigPtawin35hareAWUNCIL~SIRPP20t IiVehoo Crnter DA Amrn&neut 2011~Amw~mt Rzsolunou Ordinanw`.TDM Plau (G2- t p.doc Attachment B Proposed Amendment Number 5 to the Development Agreement 31 Recording requested and return to: Equity Office Management, LLC 790 E. Colorado Blvd., Suite 800 Pasadena, CA 91101 Attn: Charlie Hobey AMENDMENT NUMBER 5 TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA MONICA AND CA-COLORADO CENTER, L.L.C Dated: .2011 AMENDMENT NUMBER 5 TO DEVELOPMENT AGREEMENT This Amendment Number 5 to Development Agreement ("Amendment No. 5) is entered into as of the , 2011, by and between the CITY OF SANTA MONICA, a Charter City organized and existing under the laws of the State of California (the "City") and CA- COLORADO CENTER, L.L.C., a Delaware limited liability company ("Owner"), with reference to the following facts: A. The City and COLORADO PLACE LIMITED, a California Limited Partnership ("CPL") entered into that certain Development Agreement dated October 27, 1981 and recorded in the Official Records of the County of Los Angeles on February 24, 1982 as Instrument No. 82-193147 (the "Original Agreement"). The Original Agreement has been amended by (i) Amendment Number 1 to Development Agreement dated July 26, 1983 recorded October 5, 1983 as Instrument No. 83-1176312, (ii) Amendment Number 2 to Development Agreement dated April 24, 1984 recorded May 18, 1984 as Instrument No. 84-594528, (iii) Amendment Number 3 to Development Agreement dated May 28; 1985 recorded July 19, 1985 as Instrument No. 85-631730, and (iv) Amendment No. 4 to Development Agreement dated December 16, 1987 ("Amendment No. 4). (The Original Agreement, as amended by such amendments, is hereinafter referred to as the "Agreement".) B. The Agreement relates to that certain real property located in the City of Santa Monica, State of California, described in Exhibit A to the Original Agreement (the "Property"). Owner holds legal title to the Property as the successor in interest to CPL under the Original Agreement. The Property is developed with a mixed use office complex commonly known as The Yahoo Center (the "Project") C. Exhibit A to Amendment No. 4 specifies parking ratios for the various uses on the Property. A Yahoo Center Parking Demand Study, dated April 25, 2011, prepared by Linscott Law & Greenspan shows that such parking ratios significantly overstate actual parking demand for the Project and that there are a large number of surplus parking spaces in the Project. This Parking Demand Study has been reviewed and approved by the City. D. The Owner has along-standing practice of leasing these underutilized spaces while still maintaining sufficient parking for its on-site tenants. E. This Amendment Number 5 to the Development Agreement would authorize the leasing of up to 1,053 existing surplus parking spaces to off-site parties (non-tenants), consistent with the facility's long-standing practice. F. The City and Owner desire to amend the Agreement in the manner set forth herein in order to (i) revise the required parking ratios, (ii) permit Owner to lease the surplus spaces to off- site users, and (iii) implement afacility-wide Transportafion Demand Management Plan. G. The City has determined that the modifications to the Agreement set forth herein are consistent with the City's Land Use and Circulation Element ("LUCE"). More specifically, (1) "Utilize parking and TDM Districts to facilitate efficient use of parking resources, shared and reduced parking opportunities, and trip reduction goals." .(LUCE Citywide Land Use Policy LU4.8, p. 2.1-14) (2) "The City plans to encourage pazking efficiency strategies such as shared pazking (including sharing of existing parking), lowered parking requirements, and parking pricing to reduce the demand for parking. Reducing parking demand can also encourage alternatives to auto travel, promoting apedestrian-friendly urban landscape by reducing the amount of urban space dedicated to parking." (LUCE Sustainability and Climate Change p. 3.1-10) (3) "Adjust parking requirements for projects when it can be demonstrated that a lower parking demand is appropriate." (LUCE Circulation Policy T26.4, p. 4.0- 73) (4) "Consider allowing developers to meet their minimum parking requirements via shared pazking between uses, payment of in-lieu fees, or off-site parking within a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73) (5) "If the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the needs of their various users (employees, visitors, etc.), consider developing pazking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." (LUCE Circulation Policy T26.11, p. 4.0- 73) H. The City Planning Commission held a duly noticed public hearing on May 18, 2011 with respect to the Amendment Number 5 and recommended that the City Council adopt the proposed amendment. I. In taking this action, the City Council has (a) specifically considered and approved the impacts and benefits of the requested Amendment Number 5 and has concluded that this Amendment Number 5 is consistent with thepublic health, safety, and welfare of the residents of the City and the surrounding region, and as detailed above, promotes the goals, objectives, and policies of the General Plan, (b) determined that the City has complied with all procedures required by the Development Agreement Statutes with respect to Amendment Number 5, and (c) duly authorized the City to enter into this Amendment Number 5. NOW, THEREFORE, IN CONSIDERATION. of the foregoing facts and the mutual covenants set forth herein, the parties hereto agree as follows: 1. The Agreement is hereby amended in the following respects: a. Parking. The parking requirements for the Project shall be established in accordance with the following: (i) The Parking Demand Formula attached as Exhibit A to Amendment No. 4 is hereby deleted in its entirety. Parking for the Project shall be provided in accordance with the revised Parking Demand Formula attached as Exhibit A to this Amendment No. 5 (the "Parking Demand Formula"). (ii) The amount of required pazking shall be the highest parking demand established based on the calculations at each of the "peak" demand periods set forth in Exhibit A, which calculations shall be based on the actual mix of uses in the Project and the respective parking ratios for each use for each of such peak demand periods as set forth in the Parking Demand Formula. Owner shall ensure that at all times there are parking spaces available to meet the highest on-site tenant peak parking demand as determined in accordance with this subsection (a)(ii) of this Paragraph 1. (iii) Notwithstanding anything contained in the Agreement or the Santa Monica Municipal Code to the contrary: (A) Owner may lease up to 1,053 Project pazking spaces, including leases for vehicle storage, during nominal work hours to non-tenants of the Project, subject to ensuring that there is parking available to meet the peak demand of its on-site tenants as established by the Parking Demand Formula and as required by subsection (a)(ii) of this Paragraph 1 and (B) Owner may provide an unlimited number of parking spaces to non-tenants in connection with special events in the evenings and on weekends and holidays. (C) Owner shall maintain a list of the cumulative floor area used for each use category, the actual number of pazking spaces required to meet the actual mix of uses based on the highest of the parking demand, and the number of spaces leased to non-tenants. Owner shall update this list as tenant spaces aze vacated and re-occupied. Owner shall submit such list to the City within ten (10) days of the execution of this Amendment No. 5, within ten (10) days of Owner's execution of a tenant lease for a use that is different from the prior use of the leased premises, and as part of the City's annual review of the Agreement. b. TDM Program. Owner shall comply with the requirements of the Traffic Demand Management ("TDM") Plan attached as Exhibit B to this Amendment No. 5. Notwithstanding for foregoing, Owner's inability to achieve the AVR target in the TDM Plan shall not constitute a default within the meaning of this Agreement, provided that Owner is taking all reasonable and feasible steps to meet such target. Subject to approval by the Planning Director, Owner may modify the TDM Plan; provided that the TDM Plan, as modified, can be demonstrated to be equal or superior in its effectiveness at mitigating the traffic-generating effects of improvements on the Property. c. No Mandated Free Parking. Notwithstanding anything to the contrary in the Agreement, Owner shall not be required to mandate its tenants to provide free pazking to their employees. d. City Cost Recovery. Following completion of each Periodic Review, Owner shall reimburse the City for its actual and reasonable costs incurred in connection with such review. e. Soecific Performance. The City and Developer acknowledge that monetary damages and remedies at law generally aze inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to the non- defaulting party in the event of any non-monetary default. f. No Damaees Relief Aeainst City. It is acknowledged by Owner that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees and court costs, the City shall not be liable in damages to Owner and Owner covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (i) for any default hereunder; (ii) for the regulatory taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. The City and Owner agree that the provisions of this subsection (f) do not apply for damages which: (i) do not arise under this Agreement; (ii) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies. g. Enforcement. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the City's Municipal Code. [Proposed by City but not agreed to by Owner.] h. Additional SiQna¢e. The Owner shall post a sign adjacent to the park informing park visitors that Owner provides free pazking on weekends and holidays for pazk visitors. i. Continuing Community Outreach. The Owner shall hold an annual community meeting at the Project site with residents in the Project vicinity. The Owner shall provide residents and property owners within a 500-foot radius of the Project site at least 15 days' prior written notice of such meeting by U.S. Mail. The purpose of the meetings will be to identify and address any issues associated with the Owner's compliance under this Agreement. j. Deliveries from Auto Dealershins. The delivery of automobiles from automobile dealerships to the Project site shall occur outside of the normal a.m. and p.m. peak traffic hours (i.e, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). Oversize car carriers shall not travel to and from the Project site via local residential streets. 2. Except as expressly set forth herein, all of the terms and conditions of the Agreement, as previously modified, shall remain unmodified and in full force and effect. 3. The parties shall cause this Fifth Amendment to be recorded in the Official Records of the Los Angeles County Recorder's Office. IN WITNESS WHEREOF, this Amendment Number 5 has been executed as of the date and year first above written. APPROVED AS TO FORM: City Attorney CITY OF SANTA MONICA, a municipal corporation By: City Manager Attest: City Clerk CA-COLORADO CENTER, L.L.C., a Delaware limited liability company By: CA-Colorado Center Limited Partnership, a Delawaze limited partnership, its sole member By: EOM GP, L.L.C., a Delaware limited liability company, its general partner By: Name: Title: Exhibit A Parking Demand Formula A. Parking Requirement Calculations The actual number of parking spaces required for the actual mix of uses on the Property shall be the highest of the parking demand at 10:00 AM, 11:00 AM, 12:00 PM, 1:00 PM, or 2:00 PM weekdays, with those demands being computed in accordance with the following rates: Use 10:00 ~Pd 11:00!l~i 12:00 Phi 1:00 PLS 2:00 PM Rate {space per) Rate {space per) Rate {space per} Ratz {space per) Rate {space per} Or'Fce 500 SF S00 SF 543 SF 543 SF 521 SF Sit-nohm Rzstaiuant IS seats IS seals 3 seats 3 seats 9 seats Fast-Food Restaurant 37 5 seats 37.5 seats 7.5 seats 75 seats 18.75 seats Retail 750 SF 750 SF 750 SF 750 SF 500 5F I{zalth Club 75b SF 750 SF 750 Sf 750 SF 500 SF b~ledical Office 250 SF 350 5F 250 SF 250 SF 250 SF B. Backs?IOUnd The formulae set forth above were developed utilizing the demand criteria for different times of day established in the April 25, 2011 Yahoo Center Pazking Demand Study prepared by Linscott Law & Greenspan ("Parking Demand Study"), incorporated herein by reference. C. Example For illustrative purposes only, application of the formulae to one of the reasonably anticipated mix of uses on the Property is shown below and in Table 3 of the Parking Demand Study. This application of the formulae shown below would require a total of 1,938 parking spaces to be provided to meet the peak parking demand of the on-site uses which would authorize the leasing of up to 1;053 pazking spaces to non-tenants. hlodified Packing Calculation for Yahoo Center Using Proposed Nav RaN for Ofice [1] 10:000.:~f Parkiu¢ 11:OO.aAf Par kin 3 1!:00 P~tPa kiug 3 I:00 PMParki ns !:00 P\t P.uki vs t.`5Y $6z ? Ra[t 5 M2 t PNidn4 BrtrE t PRkI~YY Rale( <2 S) Pa[SIn4 Rfl2 (5 a ~) Pa[~oY Rl2 5 aee d) Pdrkvf4 O15ca [4] 658.3fi0 sf 3L0 sf 3.31] SOO sf 1.313 A3 sf 1.311 513 sf 3,'_33 5'1 sf I2fft Sir-DORll Rxscavr®i ),115 sf 186 seab IS seats L t5 szars I! rears 62 3 seats 6! 9 52ah !I Fast-Food Resavranf 3.]53 sf 133 sxaG 3i.5 seas 1 33.5 snrs 3 ].5 stars 2I i3 sears 23 18.8 sets 8 zfail !.009 sf i50 si 3 330 sf 3 J50 sf 3 i50 sf 3 300 of 1 Aralth Club 5 11368 sf >50 sf 15 ]50 sf I S 350 sf i< i50 sf 15 300 sf 23 izdical OtSre !.Oifi s£ 250 sf 8 !30 sf S 230 sf 8 !50 s( S 130 sf 8 Total 6&1.919 sf 1.359 1.359 1.320 1.310 1.326 Add Parkin¢IZastd ro Otf--Sire USxn 6 918 9+S 913 91S 9-18 Taal FOrzeasr Yahoo Cmiu Parkiv¢I*nuand (C4rszm7 _'.30i 2.30i 2268 1.!63 1236 Obsen'ed Pazkln¢Dxvumd onA zmba 1.1010 1.1'3 3.291 3.295 1;319 2131 VaatW Office ' 2&9219 sf 300 sf Sl9 500 if 539 313 sf 532 i+3 sf 532 311 sf 5g Add Rauaiw¢¢Paskvlsleasxd roOff-Site USas S 105 105 lOS 105 105 Yahoo Cmta Pmk~n¢Dauavd at All(Ott1 a 9 2991 !.991 A90fi 3.906 2.936 Tal]oo Cmta Parkins 9rpplY 3.086 3.036 3.086 3.036 Parkiv¢81¢phas of Yahoo Cm[u a[fldl OCCUp~cy 95 95 130 130 [I]See Exhbir Alo Ameedmen(Nwebtt<IOR`uelo~mcel_ eat. [2]5¢erepmmts ottupiedflao[arxa of M1ateofpm3 guOFaartov anwtsaem(ynxember2010. [3] F.nroaaaoesvof wm~e pa[kiog.ma fa 11 ooaaiam 12:m Pxptt;ods; tbus, ass assimedlhac l±no.a~imlez ue equnmmf to to W A\f and a!:odPNrmes ma equhzlenero l:oopnc [il P~'~sedonoFSm'MParliv¢dzmmditispmpossdtlaf bnu (]009edemand) offireparliv¢vate ac rbzY"vhao CenserbemodifiMfiws lspa<x/3?2 squsse fxeN t spacel500 smwrefeef [5]EaiubitAdoesvotpmside spen6cpmkiv%mtesfo[Healtb Clubs; fherefine,pala4mlesf Relamt are ufitiud [6f ASS~mes90%Witiatiou of 1,033parlivg xpacs leasMroaff tem'erspmkM of time otparlwgutitinfioummrsin earty December 101o(9i3 rtwres)_ []] Tlu-re-reran 339,155 sfafra~LS 1zmWizedoEUZtmmamarrimt ofparkiogmaimtiwcovmsiuemlFDxembxr20to. Foe amtyss pmpme; itisasmmed IGat FWIOCavpaocy is ryuisatmrro 95 .ofo6icenpae occupied Thus,289,2i9ztofvacanNmdermiliud o6ice spaeesuvWdueed ro he accupsedtobnag the Yahoo Cenlerfo95 eaaup~a'_ [8].ysawezulilvaaou ofremaiving 109eoft053 padwespeces teasedto off tx uses (lo5 spaczs)- [9]Pollarymey pmkw¢krxasibasedonTOfal FOrtxart Yabaa Cener ParkvsgA d(Cmrxef)plus aadeddemavd dcerooccupary~o£vacamoB spare avd wusxdleasedparfmg spaxes. 3,OS6 150 Exhibit B Traffic Demand Management Program MEMORANDUM To. Dale Goldsmith Date: Apri15, 2011 Armbruster Goldsmith & Delvac LLP From: David S. Shender, P.E. LLG Ref: 1-10-3880-1 Linscott, Law & Greenspan, Engineers Transportation Demand ManagemenY(TDM) Plan for the Yahoo subject: Center at 2425 Colorado Avenue in the City of Santa Monica This Transportation Demand Management (TDM) plan has been prepared by Linscott, Law & Greenspan, Engineers (LLG) for the Yahoo Center located at 2425 Colorado Avenue in the City of Santa Monica. The TDM plan has been provided in conjunction with the request by the Yahoo Center to modify its Development Agreement with the City of Santa Monica to permit the leasing of parking spaces to non-tenants. The Yahoo Center is an existing office complex located at 2425 Colorado Avenue in the City of Santa Monica, California. The Center encompasses the block generally bounded by 26`h Street to the east, Cloverfield Boulevard to the west, Colorado Avenue to the south, and Broadway to the north. The Yahoo Center complex provides a total of 1,024,074 square feet of building floor area, with space primarily leased to office tenants, but includes some ground floor commercial space for retail and restaurant uses. Approximately 3,086 parking spaces are provided on-site at the Yahoo Center in a three-level subterranean parking structure. Transportation Demand Management Plan A TDM plan has been prepared for the Yahoo Center as to reduce vehicular traffic and parking generated by the development. Currently, individual tenants at the Yahoo Center are required to prepare and submit an Employee Trip Reduction Plan (ETRP) to the City of Santa Monica in accordance with the requirements set forth in Santa Monica Municipal Code (SMMC) 9.16 (Transportation Management). Performance Measurement and Standards The Yahoo Center shall conduct employee transportation surveys in accordance with policies and procedures set forth by the City of Santa Monica for purposes of establishing a baseline average vehicle ridership (AVR). Individual tenants within the Yahoo Center with 50 or more employees that prepare Employee Trip Reduction Plans (ETRP) under City Code Section 9.16.070 shall not be required to participate in the additional transportation survey; these qualified tenants shall make their employee transportation survey data available to the Yahoo Center Employee Transportation Coordinator such that asite-wide AVR can be determined. Engineers & Planners Traffic Transpartadon Parking Linscott, Law & Greenspan, Engineers 236 N. Chester Avenue Suite 200 Pasadena, CA97166 626.796.2322 t 626.792.6941 F uvww.llgengineers.com Pasadena Costa Mesa San plego Las Vegas F VCityPlaminStShere~ WIIRCILVSTRPTr2o11AYeFOO Center DA Amandmevt?el PAmendmantesolurion ONi~avm`.'IDNI Play (bZ 11}doc Dale Goldsmith Apri15, 2011 Page 2 The Yahoo Center shall establish a target AVR equivalent to a 1.5 AVR during peak periods (AM and PM) by November, 2013. In addition, the target AVR shall increased to be equivalent to a 1.6 AVR, once the Phase II of the Expo line is complete and operating as currently anticipated. • After the completion of the first employee transportation survey, subsequent surveys shall be conducted at the Yahoo Center on an annual basis for purposes of measuring AVR, assessing the progress towards attainment of the target AVR, and determining potential modifications to the TDM plan to enhance performance. Any plan revisions will be made consistent with the procedures provided in City Code Section 9.16.070. TDMPlan Program Elements The specific program elements related to the TDM plan for the Yahoo Center (also referred to herein as the "Project") are described in the following sections. Transportation Information Center. The Yahoo Center shall provide on-site information for employees and visitors about local public transit services (including bus lines, light rail lines [future], bus fare programs, ride share programs, shuttles) and bicycle facilities (including routes, rental and sales locations, and on-site bicycle racks). The Yahoo Center shall also provide walking and biking maps for employees and visitors which shall include but not be limited to information about convenient local services and restaurants within walking distance of the Project. The Transportation Information Center need not be located in a separate office but may be located in a convenient area on-site such as a central seating area or lobby. Such transportation information may also be provided through a computer terminal with access to the Internet or, via a website. 2. TDM Web Site Information. The Yahoo Center shall be required to make available via a web site transportation information such as the items noted in No. 1 above, including links to local transit providers, area walldng, bicycling maps, etc., to inform employees and visitors of available alternative transportation modes to access the Project site and travel in the area. In addition, the Yahoo Center shall distribute, by email or otherwise, a quarterly newsletter regarding the TDM plan. Employee Transportation Coordinator. An Employee Transportation Coordinator (ETC) shall be designated for this site by the Yahoo Center as required by the City of Santa Monica's Transportation Management Division in accordance with Ordinance 1604 (City Code Section 9.16). The ETC shall YSCityPlanning~SFaze~COI1NCIL5lRPT1?DI IAY'ahoo Center DA Ammd~nem 2011`AmrndmmtRaolu~ion RdinanceATDM Plnn (&2-11) doc Dale Goldsmith Apri15, 2011 Page 3 manage all aspects of this TDM program and participate in City-sponsored workshops and information roundtables. As the Project is occupied by multiple users, the Yahoo Center shall establish asite-specific TMA (as defined in City Code Section 9.16.030), to encourage the implementation of TDM strategies for the occupants of the Project. The ETC shall be responsible for making available information materials on options for alternative transportation modes and opportunities. In addition, transit fare media and day/month passes will be made available through the ETC to employees and visitors during typical business hours. The ETC shall contact or require each tenant to contact each employee at least once a year with an offer of personalized commute assistance and information, rideshare matching and incentives. 4. T~anpool/Carpool Matching Program. The Yahoo Center shall provide at no cost to Project employees -either in-house or through a qualified third party such as .Metro - a service which matches potential carpool and vanpool partners. To enhance potential rideshare matching opportunities, carpool and vanpool matching should be coordinated with employees at the Project, as well as employees at nearby employee centers (for example, the Water Garden). 5. Preferential Parking Program. The Yahoo Center shall provide preferential parking within the parking garage for Project employees who commute to work in employer registered carpools and vanpools. An employee who drives to work with at least one other employee in the Project or adjacent facilities may register as a carpooUvanpool entitled to preferential parking within the meaning of this provision. 6. Parking Availability for Non-Building Users. Consistent with providing sufficient on-site parking for building users, the Yahoo Center will make any unused on-site commercial parking available for monthly lease at market rates to third parties in the surrounding area in need of parking. 7. Parking Pricing. Hourly parking pricing shall be market-based and adjusted periodically in an effort to ensure parking availability for tenants and their employees and visitors during peak parking hours. 8. No Tenant Parking on Residential Streets. The Yahoo Center shall instruct all tenants that their employees not to park on residential streets in the vicinity of the Yahoo Center. 9. Convenient Parking for Bicycle Commuters. The Yahoo Center shall provide location(s) within the garage or other convenient location relative to the commercial component of the Project for secure parking for bicycle F'ACiryP~annine~Sbare1000NCiC.S[ RPT~20L1AYahoo Cznhr DAAmendment 2011Umendmxut Resolufiou ONiuwceATDM Plan (fi-4- I I).UOc Dale Goldsmith April 5, 2011 Page 4 commuters for employees working at the site and visitors to the site for a minimum of 117 bicycles, which is equivalent to approximately 3.8% of the total vehicle parking spaces (3,086 spaces) provided for the Project. The secure bicycle parking will be located within the Project site such that long- term and short-term pazkers can be accommodated. For purposes of this requirement, bicycle pazking may mean bicycle racks, a locked cage, or other secure parking -area. The Yahoo Center shall increase the amount of secured bicycle on an as-needed basis based on actual demand. The Yahoo Center shall provide tenants and their employees with information regazding the availability of secured bicycle parking as part of its TDM efforts. 10. Compressed Work Week Schedule. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, a Compressed Work Week schedule shall be offered to employees whereby their hours of employment may be scheduled in a manner which reduces trips to/from the worksite during peak hours for the surrounding streets. 11. Flex-Time Schedule. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, employers shall pernut employees within the Project to adjust their work hours in order to accommodate public transit schedules, rideshaze arrangements, or off-peak hour commuting. 12. Guaranteed Return Trip. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, tenants provide employees who vanpool or carpool, with a return trip to their point of commute origin at no additional cost to the employee, when a Personal Emergency Situation (per Metro's guidelines) requires it. The Yahoo Center shall contact Metro to participate in Metro's program as appropriate. 13. Parking Cash Out. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to offer pazking cash outs to their employees. Such leases may require employees to pay market rates for parking; provided, however, that tenants shall be permitted to cover employee parking costs, on condition they offer employees equivalent reimbursement amount in the form of taxable cash or non-taxable commuter benefits,.including monthly transit passes. 14. TMA. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to participate in the TMA, and the Yahoo Center shall encourage existing tenants to participate in F VCiryPlaming\SFare`WUNCILr51RP11411AYVhoo Cm[er DA dmendmmt 3011~Amendment RcsoluHon OrdinanceATDhl Plan (G2- I I).dw Dale Goldsmith Apri15, 2011 Page 5 the TMA. The Yahoo Center may pass through the costs of operating the TMA to tenants. The Yahoo Center shall use reasonable efforts to encourage non-tenant businesses in the vicinity of the Yahoo Center to join the TMA. In addition, the TMA shall actively promote TDM measures, provide new- employee packages, hold at least three events annually, and offer incentives for trial ridership, contests, eta 15. Changes to TDM Program. Subject to approval by the City's Planning Director, the Yahoo Center can modify this TDM program provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness at mitigating the traffic-generating effects of this Project. cc: File F:\CityPlanniry\Share~COi1NCIliSTRPTCO^\Yehoo Center DA Amend,nent'011\Amendmem Raoludon ONiwnce\TDM Plan (68- I1).doc Attachment C Amendment Number 5 to the Development Agreement Findings 32 Attachment C Amendment Number 5 to the Development Agreement Findings 1. As amended, the proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan, in that the Yahoo Center development is located in the Office Campus Land Use Designation, a land use designation that is applied to limited areas of the City that are currently developed with substantial office campus uses and are not expected to change during the time horizon of the City's Land Use and Circulation Element (LUCE) of the General Plan (2025). The proposed Fifth Amendment does not propose new construction or any change to the current office and associated commercial uses on the site. Rather, this Amendment to the Development Agreement proposes to revise the base parking ratio for office use on the site from the current requirement of one parking space per 322 SF of office floor area to one parking space per 500 SF of office. floor area. Consistent with LUCE Circulation Policy T26.4 which states that an adjustment of parking requirements can be supported for projects when it can be demonstrated that a lower parking demand is appropriate, the Applicant has provided a detailed parking study that demonstrates based on current and forecast peak-hour parking availability, the proposed base office use parking ratio better reflects current usage patterns on the site and that the existing 3,086 parking spaces on site are sufficient to meet the peak parking demand generated onsite. This proposed Amendment is consistent with Circulation Policy T26.11 which states, "[i]f the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the needs of their various users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." This Amendment is consistent with this LUCE policy since it would authorize leasing of up to 1,053 existing surplus parking spaces to non-tenants while still maintaining sufficient parking for its on-site tenants. Finally, the proposed Amendment requires the Applicant to implement afacility-wide Transportation Demand Management (TDM) Plan in order to reduce vehicle trips in the area and reduce associated parking demand at the Yahoo Center. This is consistent with LUCE Circulation Policy T19.2 which calls for the imposition of "appropriate Transportation Demand Management (TDM) requirements for new development." 2. As amended, the proposed Development Agreement is compatible with the uses authorized in the district in which the real property is located, in that the subject property is located in the C-5 Special Office District and the existing uses on site, including the office buildings with associated parking garage, restaurants, retail establishments, and health club are all permitted uses in the C-5 District. The proposal to revise the base parking ratio for office use on the site from one parking space per 322 SF of office floor area to one parking space per 500 SF of office floor area, and the proposal to authorize the continued leasing of up to 1,053 existing surplus parking spaces to off-site parties while still maintaining sufficient parking for its on-site tenants, is compatible with other permitted uses in the district in that the project would not change the existing uses on site and would also allow surplus parking to be shared with other uses in the district that may need additional parking to meet its peak parking demand. The proposed Development Agreement Amendment can also help to reduce the demand for limited on-street parking resources in the district. 3. As amended, the proposed Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices, in that it will authorize the Applicant to continue to provide existing surplus parking spaces at the project site to non-tenants (off-site parties) while still maintaining sufficient parking to meet the peak demand of its on-site tenants. The proposed Development Agreement Amendment conforms to principles that support the public necessity, public convenience, general welfare, and support good land use practices in that implementation of a shared parking program supports a sustainable community with more effective congestion management and parking resource management. The proposed Amendment also includes the requirement to implement afacility-wide Transportation Demand Management Plan that will help reduce vehicle trips in the area and associated parking demand. This proposal to implement a shared parking program and TDM Plan represents an integration of land use and transportation policies and utilizes parking policies to achieve related goals including congestion management and air quality goals. 4. The proposed Development Agreement Amendment will not be detrimental to the health, safety, and general welfare, in that the Amendment will authorize the Applicant to continue to provide existing surplus parking spaces at the project site to non-tenants (off-site parties) while still maintaining sufficient parking to meet the peak demand of its on-site tenants. This proposed Development Agreement Amendment will be not be detrimental to health, safety, and general welfare because the implementation of a shared parking program supports a sustainable community with more effective congestion. management and parking resource management. The proposed Amendment also includes the requirement to implement afacility-wide Transportation Demand Management Plan that will help reduce vehicle trips in the area and associated parking demand for a both on- and off-street parking spaces in the neighborhood. This proposal to implement a shared parking program and TDM Plan represents an integration of land use and transportation policies and utilizes parking policies to achieve related goals including congestion management and air quality goals, both of which support the health, safety, and general welfare of the public. 5. The proposed Development Agreement Amendment will not adversely affect the orderly development of the property, in that the Development Agreement Amendment facilitates the efficient use the project site's on-site parking resource and does include a proposal for any new construction or changes in existing uses at the site. Moreover, the proposed Development Agreement Amendment will not adversely affect the orderly development of the property in that the Applicant is required at all times to provide sufficient parking for its on-site tenants and that the number of spaces leased to non-tenants will be reduced in the event that sufficient parking is not provided for on-site tenants. 6. The proposed Development Agreement will have a positive fiscal impact on the City in that the City will incur no cost associated with the implementation of the Applicant's Transportation Demand Management Plan and the associated community benefit of reduced vehicle trips and parking demand in the area. Moreover, the City will receive revenue from the Parking Facility Tax which is currently 10% of the total parking fee charged by any parking facility operator. Attachment D Yahoo Center Parking Demand Study, April 25, 2011 33 O MEMORANDUM ro: Dale Goldsmith ~ Date:. Apri125, 2011 Armbruster Goldsmith & Delvac LLP From: David S. Shender, P.E. LLCRee 1-10-3880-1 Linscott, Law & Greenspan, Engineers Yahoo Center -Parking Demand Study subiect 2425 Colorado Avenue, City of Santa Monica This memorandum has been prepared by Linscott, Law & Greenspan, Engineers (LLG) to summarize our parking demand analysis for the Yahoo Center located at 2425 Colorado Avenue in the City of Santa Monica. As we understand, based on extensive operating experience, the Yahoo Center has a substantial surplus of parking within its on-site garage throughout the day. Further, there is interest to continue, and potentially expand the practice of outside users (i.e., non-tenants of the Yahoo Center) in leasing parking spaces within the Yahoo Center garage based on the current and forecast future parking availability. This parking analysis was conducted to determine whether adequate parking availability will continue to allow the current and proposed future practice of leasing parking spaces within the garage to non-tenants of the Yahoo Center. The following sections provide a summary of: 1) the review and analysis of existing tenant occupancy and vacancies at the Yahoo Center, 2) weekday parking counts conducted at the site, including the determination of the peak parking utilization at the highest hour of demand; 3) a review of the current parking requirements applicable to the Yahoo Center through its Development Agreement (D.A.) with the City of Santa Monica; 4) recommendations for potential modifications to the D.A. parking rates and the resultant forecast of peak parking demand under full occupancy conditions at the Yahoo Center; and 5) a recommendation in terms of the number of parking spaces within the Yahoo Center parking facility that could be made available to non-tenants (current and future) while still providing an adequate supply of parking for current and future tenants and visitors of the Yahoo Center. Existing Setting and Parking Supply The Yahoo Center is an existing office complex located at 2425 Colorado Avenue in the City of Santa Monica, California. The vicinity map is displayed in Figure 1. The Center encompasses the block generally bounded by 26`h Street to the east, Cloverfield Boulevard to the west, Colorado Avenue to the south, and Broadway to the north. The Yahoo Center complex provides a total of 1,024,074 square feet of building floor areal, with space primarily leased to office tenants, but includes some ground floor commercial space for retail and restaurant uses. ' Floor area as defined by the Santa Monica Municipal Code. Engineers & Planners Traffic Transportafion Parking tinscott, Law & Greenspan. Engineers 236 N. Chester Avenue Suite 209 Pasadena, CA 91196 626.796.2322 r 626.792.0941 r uvvvvv.llgengineers.com Pasadena Costa Mesa San Diego Las Vegas Or006_F[Lc^i880unemolPar6'ne memo (04.25.1 p.doc Dale Goldsmith Apri125, 2011 Page 2 Approximately 3,086 pazking spaces are provided on-site at the Yahoo Center in a three-level subterranean parking structure. Parking utilization observations were conducted at the Yahoo Center site on Wednesday, December 1 and Thursday, December 2, 2010. Information regarding building occupancy, as well as parking space leasing was obtained corresponding to the time period of the parking utilization surveys (i.e., early December 2010) in conjunction with the. parking analysis. The following provides a summary of tenant space occupancy and parking leasing data as provided by your office and the parking operator, Standard Parking Corporation. Building Occupancy. Based on information provided by Equity Office, in early December 2010 (i.e., corresponding to the time of our parking counts), tenant space vacancies at the Yahoo Center consisted of 19 tenant spaces, as well as five tenant spaces known to be underutilized (but anticipated to be fully occupied in the near future). Thus, the overall vacancy (including undemtilized tenant space) at the Yahoo Center totaled 339,155 square feet of leasable building floor area. We understand that all of the vacant space is designated for use by office tenants. • parking Leases. Based on information provided by the parking operator (the parking manager at Standard Parking), approximately 3,086 parking spaces .are provided in the pazking structure at the Yahoo Center. In early December 2010, there were parking leases for approximately 4,063 parking spaces. The leasing of parking spaces in the garage is broken-down as follows: o Tenant Leasin¢. In early December 2010, approximately 3,010 pazking spaces were leased to existing tenants of the building. This includes an allocation of 640 parking spaces to members of the on-site health club - Trifit Club - of which only a relatively small percentage would be expected to be on-site any one time. o Non-Tenant Leasin¢. In early December 2010, approximately 1,053 parking spaces were allocated to non-tenants of the Yahoo Center. The non-tenants fall into two categories of user groups: Nearby Commercial and Institutional Users. Approximately 643 parking spaces aze leased to non-tenants of the Yahoo Center, primarily comprised of local commercial and institutional users (e.g, including Saint John's Health Center) that lease parking at the Yahoo Center. It is assumed that these local commercial and institutional users lease parking at the Yahoo Center based on its proximity, relative pricing, and availability. OaOB_FILFHS30nnemo~Parking mxmo (0•t35.1 I).doc Dale Goldsmith Apri125, 2011 Page 3 Automobile Dealershins. Approximately 410 parking spaces aze leased to local automobile dealerships for the primary purpose of the storage of automobiles. While the total number of leased parking spaces (4,063 parking spaces) exceeds the supply of parking at the Yahoo Center (3,086 spaces), it is common for pazking operators at commercial businesses to "oversubscribe" parking, primarily based on the consideration that only a percentage of the holders of parking passes are on-site at the same time. This would be especially tme given that a large number of parking spaces (640 spaces) provided to members of the on-site health club (Trifit Club). Also, for office tenants, it is highly unusual for all employees to be on-site at any one time due to regdlar sick/vacation absences, telecommuting/work scheduling, attendances at off=site meetings/conferences, etc. With respect to the Trifit Club, it is likely that many of its members also work at the Yahoo Center. In addition, as documented in publications such as Shared Parking published by the Urban Land Institute, parking demand patterns related to health clubs are complementary to those of office uses such that a health club's peak parking demand occurs in the early evening hours. By comparison, office-related peak parking is primarily focused to the hours between mid-morning and early afternoon. Thus, at the Yahoo Center, it is quite likely that a parking space used during the day by an office tenant is later used by a Trifit Club member in the eazly evening, thereby allowing the issuance of multiple parking passes without adversely affecting the parking supply. Parking Utilization Surveys Paking counts were conducted at the Yahoo Center garage to document current demand patterns with respect to parking utilization at the Yahoo Center. The parking utilization was counted on an hourly basis from 9:00 AM to 5:00 PM for two consecutive weekdays in December 2010 (i.e., Wednesday, December 1, 2010 and Thursday, December 2, 2010). The data collection days and time periods were selected so as to reflect typical weekday parking conditions, as well as for purposes of identifying the highest hour of parking demand that occurs at the Yahoo Center during a typical weekday. The pazking utilization counts were conducted by The Traffic Solution, a traffic data collection company. The parking utilization observations for the parking structure are presented in Table 1. Based on the two days of the parking counts, the Yahoo Center was observed to experience a peak weekday parking demand at 12:00 Noon, whereby a total of 2,295 parking spaces were observed to be utilized (74.4% utilization of the total of 3,086 spaces available). Thus, during the current peak hour of parking demand at the site OiJOft P(LE~3390Mxmo~Pmk9g memo (WSSJ p.doc Dale Goldsmith Apri125, 2011 Page 4 (i.e, Wednesday at 12:00 Noon), a pazking surplus of 791 spaces (i.e., a surplus of 25.6% of the parking supply) was observed at the Yahoo Center. As noted in Table 1, it was observed during the parking counts that approximately 366 vehicles in conjunction with various car dealerships (new vehicles) were pazked at the Yahoo Center during the observation period. These vehicles were readily identifiable in the garage based on the typical new vehicle pricing and other decals associated with dealership vehicles. The use of the Yahoo Center garage by other non-tenant users was not readily determinable as these motorists are permitted to pazk within the gazage mixed-in with the regular tenant parkers (i.e, no separate or designated parking azea within the garage for non-tenants). Overall, as documented in Table 1, the current practice of leasing parking spaces to non-tenants of the Yahoo Center has not adversely affected the overall availability of parking spaces for current tenants of the Yahoo Center, including their employees and visitors. Development Agreement Parking Requirements for the Yahoo Center We understand that the amount of required parking for the Yahoo Center is currently regulated through the Development Agreement (D.A.) between the Yahoo Center and the City of Santa Monica. Specifically, in the document "Exhibit A of Amendment Number 4 to Development Agreement" (see attached), base parking rates are provided for various land uses that were envisioned to be provided at the Yahoo Center. The base parking rates are as follows: • Office: 1 space/322 square feet • Restaurants: 1 space/3.0 seats • Fast-Food: 1 space/7.5 seats e Retail: 1 space/500 square feet • Theaters: 1 space/3.0 seats • Medical Office: 1 space/250 square feet Within Exhibit A, the base parking rates are adjusted at different analysis hours during the day (i.e., 10:00 a.m., 1:00 p.m., 2:00 p.m., and 7:00 p.m.) in consideration of the varying parking demand that can be anticipated for each of the specific land uses. For example, at 10:00 a.m., Exhibit A shows 100% of demand for the base parking rates for the office and medical office uses, but only 20% demand for base parking rate for the restaurant and fast-food uses. As instructed in Exhibit A, the size of the land use elements are applied to the corresponding adjusted parking rates for each analysis hour, with the required pazking supply determined based on the analysis hour that produces the highest aggregate amount of parking needed. O-VOS FiLE3330'memo~PmkSng memo (Od1SI p.doc Dale Goldsmith Apri125, 2011 Page 5 As it would apply to the current Yahoo Center, there are no movie theaters at the site (nor are there plans to develop this use); thus, these rates do not apply. Also, as Exhibit A does not call out a specific "health club" parking rate, for purposes of this analysis, it is assumed to have the same pazking rates as the Retail land use category. Table 2 has been prepared to provide a comparison of the observed parking demand at the Yahoo Center as counted at the site on December 1 and 2, 2010, to the calculated parking requirement based on the land uses and occupancy in early December 2010, with application of the parking rates provided in Exhibit A of the D.A. With respect to the preparation of Table 2 the following is noted: In addition to developing parking profiles for 10:00 a.m., 1:00 p.m., and 2:00 p.m. as providing in Exhibit A of the D.A., parking profiles are also provided in Table 2 for 11:00 a.m. and 12:00 p.m. since these hours are noted in Table 1 to experience peak parking demand (e.g., 12:00 p.m. was the highest hour of parking demand during the Wednesday survey and 11:00 a.m. was the highest hour of parking demand during the Thursday survey). For the 11:00 a.m. parking profile, it was assumed that the office and restaurant components would have similar time-of--day utilization factors to the 10:00 a.m. factors provided in Exhibit A of the D.A. (e.g, a period of peak office parking demand and a relatively low restaurant parking demand). Similarly, for the 12:00 p.m. parking profile, it was assumed that the office and restaurant components would have similar time-of--day utilization factors to the 1:00 p.m. factors provided in Exhibit A of the D.A. (e.g., a period of slightly reduced office parking demand and peak restaurant parking demand). The 7:00 p.m. hour is not evaluated in Table 2 as this time period was primarily included in Exhibit A of the D.A. to address the parking requirements for a movie theater use at the site which was never constructed (nor are there any plans to do so). Further, as demonstrated in Table 1, the Yahoo Center parking demand is primarily related to daytime office parking (e.g., the middle-of--day parking demand is approximately 2,300 spaces while parking demand at 5:00 p.m. is about 1,900 spaces). Thus, a separate parking profile for 7:00 p.m. is not required. As shown. in Table 2, application of the parking rates provided in Exhibit A of the D.A. yields a calculated parking demand for 2,087 parking spaces during the 10:00 a.m. and 11:00 a.m. analysis hours. This is higher than the parking calculated to be needed at 12:00 p.m. (1,990 spaces), 1:00 p.m. (1,990 spaces) and 2:00 p.m. (2,029 spaces). O:UOB_P1LE38SOanemaAParkigr, mema (M.15.1 p.doc Dale Goldsmith Apri125, 2011 Page 6 For comparison purposes, Table 2 provides the observed parking demand figures at the Yahoo Center during the analysis hours (review of Table 1 indicates that the parking numbers on December 1 during the observed hours were generally higher than the corresponding hours on December 2; thus, the December 1 pazking counts are utilized for the analysis provided on Table 2). The observed counts were adjusted to delete 90% of the 1,053 parking spaces (i.e., 948 spaces) leased to the off-site users (i.e., the 410 parking spaces leased to the new car dealerships and the 643. parking spaces leased to the other nearby commercial and institutional user2). As shown in Table 2, the adjusted parking demand measured on December 1, 2010 associated with tenants of the Yahoo Center is substantially less than the amount of pazking calculated to be needed based on the parking rates provided in Exhibit A of the D.A., with the differences between the calculated requirement and the actual demand at approximately 700 or more spaces. This is an indication that the parking rates provided in Exhibit A of the D.A. substantially overstate the amount of parking needed for the Yahoo Center. There are likely multiple reasons for the actual parking demand at the Yahoo Center to be substantially less than that forecast using the D.A. ratios. One may be related to the type of office tenants that occupy the center which have employee densities (e.g., number of employees per 1,000 square feet) that are less than what is found in "typical" office environments. Second, at large multi-tenant office complexes such as the Yahoo Center, it is rare that there is ever full occupancy of the leased space (even during strong economic periods) due to the regular pattern of tenant move-ins and move-outs that leaves azea unoccupied for periods of time (for leasing, tenant improvements, etc.). Another likely factor is the implementation of Transportation Demand Management (TDM) measures by tenants within the Yahoo Center intended to reduce travel by the private automobile. These TDM measures include ridesharing (e.g., carpooling), use of public transit, bicycling/walking, and telecommuting, all of which have the effect of reducing overall parking demand as compared to what is associated with an office environment where nearly all employees commute by solo- driver private vehicles. Further, the infrastructure for TDM measures is substantially greater today in Santa Monica (e.g, a more comprehensive public transit system, an extensive bicycle route network, enhanced computer and mobile communication technology to facilitate telecommuting, etc.) as compared to when the parking ratios for the Yahoo Center were originally adopted. ' The spaces ]eased to the off-site users were assumed to be highly (90%) utilized in consideration that given the cost of leasing such spaces, the non-tenants would only lease pazking at the Yahoo Center if there was an actual demand for these spaces. 0:06 TRPJ880Amem°~Parking memo (W26.1 p.d°c Dale Goldsmith Apri125, 2011 Page 7 Recommend Modification to the Development Agreement and Forecast Parking Demand at Full Occupancy As documented above, it is concluded that the parking rates provided in ExhibitA of the D.A. substantially overstate the amount of parking needed to support the existing and future uses at the Yahoo Center. As the amount of parking required for the office component substantially exceeds the amount of pazking needed for the other uses combined (e.g., as seen in Table 2, the parking allocation for the office component consists of 95% or higher of the total parking requirement), it is reasonable to assume that the pazking rate for the office component as provided in Exhibit A of the D.A. requires adjustment. Table 3 provides a parking calculation assuming implementation of a new. base parking rate for the office component at the Yahoo Center; that is, the base parking rate for the office component is adjusted from 1 space/322 square feet to 1 space/500 square feet. The same time-of--day hourly adjustments to the base parking rate as provided in Exhibit A of the D.A. are considered as well in Table 3. The top porkion of Table 3 provides the modified parking calculation for the Yahoo Center as occupied in early December 2010 incorporating the recommended parking rates for the office component. With the addition of the parking leased to off-site users, the calculated parking demand for the Yahoo Center with the modified office parking rate ranges from 2,307 spaces at 10:00 a.m. and 11:00 a.m.; to 2,268 spaces at 12:00 p.m. and 1:00 p.m.; and 2,276 spaces at 2:00 p.m. The corresponding counted parking spaces utilized at the Yahoo Center on December 1, 2010 aze 2,174 parking spaces at 10:00 a.m., 2,294 spaces at 11:00, 2,295 spaces at 12:00 p.m., 2,249 spaces at 1:00 p.m., and 2,234 spaces at 2:00 p.m. Thus, the "modeled" parking calculation using the recommended base pazking rate of 1 space/500 square feet of office more closely aligns with the observed demand (with a slight overstatement of the actual parking demand during four of the five analysis hours so as to provide an additional level of conservatism in the analysis). O:VOB FILH3S30~memo~PmkSng mzmo (Oa.?5 ~ i}dac Dale Goldsmith Apri125, 2011 Page 8 For purposes of estimating pazking demand at the Yahoo Center at full occupancy,3 the following adjustments were to the parking demand forecast: Vacant Office. The recommended modified base office parking rate of 1 space/500 square feet was applied to the 339,155 square feet of vacant and underutilized office space as reported in early December 2010. In consideration of the time of day adjustments, Table 3 shows that occupancy of the vacant and underutilized office space would add 579 occupied parking spaces to the 10:00 a.m. and 11:00 a.m. time periods; 532 occupied parking spaces to the 12:00 p.m. and 1:00 p.m. time periods; and 555 occupied parking spaces to the 2:00 p.m. time period. Remainin¢ Parking Leased to Off-Site Users. As previously noted, in estimating the parking demand attributed to Yahoo Center tenants at the time of the pazking counts in early December 2010, it was conservatively assumed that the use of the 1,053 spaces leased to off-site users was at 90% utilization (i.e., 948 parking spaces) during the hours of the pazking counts. This assumption effectively attributes a higher parking demand to the current Yahoo Center tenants as compared to a scenario whereby a different utilization factor (such as 95% or 100%) of the spaces leased to off-site users was factored into the parking analysis (thereby reducing the future pazking demand attributed to occupancy of vacant office space). Further, to add a further level of conservatism to the analysis, it was assumed that in the future, the remaining 10% of the leased parking spaces to off-site users. (105 parking spaces) would be utilized during the analysis hours. The lower portion of Table 3 indicates that at the effective full occupancy of the tenant space at the Yahoo Center (including 100% utilization of the 1,053 parking spaces leased to off-site users), the Yahoo Center is forecast to experience a demand for 2,991 parking spaces at 10:00 a.m. and 11:00 a.m., 2,906 spaces at 12:00 p.m. and 1:00 p.m.; and 2,936 parking spaces at 2:00 p.m. When compazed to the supply of 3,086 parking spaces on-site, a surplus of parking (ranging from 95 to 180 parking spaces) is noted during the five analysis hours. 3 It is noted that it is highly unusual for a commercial complex the size of the Yahoo Center (over 1 million square feet of building floor area) to attain 100% tenant occupancy. Even in a favorable economic climate, a building vacancy in the range of 5-10% can be expected based on the regutaz cycle of tenant move-outs and move-ins. Thus, the forecast of pazking demand at the Yahoo Center assumes that 95% of the office floor area is occupied, which provides a conservative forecast of parking demand. OiJOB_F[LE38SOenan°~Parkin~ mxmo (0135.1 p.a°c Dale Goldsmith Apri125, 2011 Page 9 Based on results of this pazking analysis, it is concluded that the parking supply at the Yahoo Center of 3,086 parking spaces would be sufficient to accommodate the peak parking demand generated by its existing tenants, the existing parking demand generated by the off-site users leasing parking space within the garage, as well as the future parking demand generated by office tenants utilizing the currently unoccupied building floor area and 100% utilization of the parking spaces leased to off-site users. Further, based on this analysis, we would recommend at this time that the practice of leasing parking spaces not be expanded beyond the current commitments (i.e., the approximately 410 spaces to the automobile dealerships and 643 spaces to other off- site users). This will provide a conservative supply of excess spaces to accommodate possible variations in actual parking demand. However, as the currently amount of vacant office space within the Yahoo Center decreases to a historical ranges (e.g., between 5 and 10% of the total floor area provided) and should it-be demonstrated that a substantial parking surplus exists (e.g., greater than 10% of the total supply during peak hours of demand), than the potential for increasing parking leases to off- site users. could be evaluated. Conversely, should the parking supply become constrained in the future, the current parking leases to off-site users can be scaled- back accordingly so as to maintain an adequate supply of parking. Conclusions This parking analysis was conducted to determine whether adequate parking availability will continue to allow the current and proposed future practice of leasing parking spaces within the garage to non-tenants of the Yahoo Center. The parking analysis was prepared based on parking counts conducted at the Yahoo Center garage in early December 2010, as well as in consideration of the future occupancy of tenant space within the Yahoo Center that was vacant at the time of the parking counts. Based on the parking analysis, the following conclusions aze made: • The Yahoo Center provides approximately 1,024,074 square feet of building floor area. At the time of the parking counts in early December 2010, approximately 684,919 square feet of building floor area at the Yahoo Center was occupied, yielding a vacancy of approximately 339,155 square overall vacancy (including underutilized spaces). Approximately 3,086 parking spaces are provided in the Yahoo Center parking gaaage. In .early December 2010, there were parking leases for approximately 4,063 parking spaces. Of the leased spaces, 3,010 spaces are leased to tenants of the Yahoo Center (including 640 spaces allocated to members of the Trifit Club) and 1,053 spaces aze leased to non-tenants. O:JOB FILE383°~nemo~Padciq, memo(Od.45.11).doc Dale Goldsmith Apri125, 2011 Page 10 • The parking spaces allocated to off-site users consists of approximately 410 spaces leased to local automobile dealerships related to the storage of vehicles and approximately 643 spaces leased to nearby commercial and institutional uses. Parking space utilization was counted at the Yahoo Center parking garage over two weekdays. The garage was counted to have substantial available parking, even during peak hours of demand. The peak utilization of parking was counted at 2,295 spaces, equivalent to approximately 74% of the total parking supply. Thus, under current conditions, the practice of leasing parking spaces to non-tenants has not adversely affected parking availability for the existing tenants at the Yahoo Center. Through the site parking counts, it is demonstrated that the parking rates provided in Exhibit A of the Development Agreement substantially overstate the amount of parking needed for the Yahoo Center. Accordingly, it is recommended that the base parking rate for the office use as provided in Exhibit A of the D.A. be modified from 1 space/322 square feet to 1 space/500 square feet. A parking demand forecast was made assuming full occupancy of the tenant space at the Yahoo Center and incorporating the recommended modified parking rate for the office use. Based on this forecast, assuming full occupancy and continued leasing of parking spaces to off-site users, a peak parking demand for 2,991 parking spaces would occur. This peak demand would be accommodated by 3,086 spaces available on-site. It is concluded that the current parking supply at the Yahoo Center is sufficient for its existing tenants, the existing parking demand generated by the off-site users leasing parking space within the garage, as well as the future parking demand generated by tenants utilizing the currently unoccupied building floor area. • Based on this analysis, we would recommend at this time that the practice of leasing parking spaces not be expanded beyond the current commitments (i.e., the approximately 410 spaces to the automobile dealerships and 643 spaces to the other off-site users). This will provide a conservative supply of excess spaces to accommodate possible variations in actual parking demand. oraoe_Fasvssa,mnno~r~k~~memo coass.i i~.m~ Dale Goldsmith Apri125, 2011 Page 11 • As the currently amount of vacant office space within the Yahoo Center decreases to a historical ranges (e.g., between 5 and 10% of the total floor area provided) and should it be demonstrated that a substantial parking surplus exists (e.g., greater than 10% of the total supply during peak hours of demand), than the potential for increasing parking leases to off-site users could be evaluated. Conversely, should the parking supply become constrained in the future, the current parking leases to off-site users can be scaled-back accordingly so as to maintain an adequate supply ofparking. Please contact us should you have any questions regarding this parking study conducted for the Yahoo Center. cc: File OiVOS,FILF333°Memo~Pmintime~m (°VS5.11).doc a v ~i 0 MAP SOURCE: RAND MCNALLY & COMPANY NOT TO SCALE FIGURE 1 VICINITY MAP LINSCOTT, LAW & GREENSPAN, engineers YAHOO CENTER PROJECT Table 1 PARKING UTILf2ATION SURVEYS ]7] SURVEY DATES: WEDNESDAY, DECEMBER 1, 2010 AND THURSDAY, DECEMBER 2, 2010 Yahoo Center (2425 Colorado Avenue) 19APr-11 PARI(ING W EDNESllAY, DECGMDER 1, 2111U ('DIME OR $DRYEIT SUPPLY 9:W AM IU:OUAM 11:00 ARI 12:0U Noan I;UUYM 2:UU PM 3:U0 PM1I 4:UU PM S:UU PM PAIBKINGLOCA'CWN ]21 OCC. % OCC. % OCC. % OCC. % OCC. % OCC. % OCC. % OCQ % OCC. Leven 840 449 53.5% 544 fi4.8% 532 68.1% 594 30]% 539 68.9% 548 652% 549 654% 512 61.0% 454 54.0% Leval2 1,108 895 990% 994 83.9% 981 88.5% 950 85]% 9G4 83.0% 9G3 833% 961 86]% 915 826% 982 90,6% Love13 1,138 416 36.G% 656 SZG% 341 G5.1% 351 66.0% 306 62.0°/ 319 63.2%. 334 64.5% 316 629% 658 520% 'Total Parking 131 3,08E 1,340 56.4% 2,134 30.4% 2,294 943% 2,295 94410 ` 2,249 32.9% 2,234 32.4% 2,244 32.3% 2,141 69.4% 1694 614% PARKING TfIURSIIAY, UKCRMBER 2, 2010 (TIMK OP 9IIRVBV) SllPPLY 9:00 AM 10:00 AM11 11:00 AM1I 12:00 Noon 1:00 PM 2:00 PM 3:00 PM 4:00 PM1I 5:00 PM PARKING LOCATION 121 OCC. % OCC. % OCC. % OCC. '% OCC. % OCC. % OCC. % OCC. % OCC. Levoll 840 480 53.1% 560 66.3% 596 31.0% 61q 33.1% 596 91.0% 583 69.4% 530 629% 536 63.8% 486 53,9% Leva12 1,108 823 94.6% 9G6 89.2% 936 88.1% 943 85.1% 911 822% 939 84.9% 946 85.4% 894 80]% 805 929% Level3 1,13% 389 34.2% 609 53.3°% 691 60,9°% 688 60.5% fi50 59.1% 654 5'1,5% 664 58.3°0 649 520°/ 615 54,0% 'COG1 Parizing (31 3,08G 1,G96 55.0% 2,133 691% 2,269 933%:1 2,245 32]% 2,153 699% 2,13G 30.5% 2,180 90.6% 2,039 63.4% 1906 618% [I] The parking surveys were conducted by The TmtHc Solmion. [2] Parking invaotory obmineA fl'om the parking oporator (Standard Parking Corporation). [3] hlGades 366 spaoes oocnpiad through-out durafion oftha parking Donuts by vehioles assumed to be related to wr dealerships for new vehiole storage. Car daalnrships leaseda total of410 spooas at Yahoo Center 'at tha time oftha parking counts (therefore 366 parked vehicles represents approxinmtaly 9D% utilization). LINSCGTT, LAW & GREENSPAN, engineers Table 2 Yahoo Center Parkng Calculation Per Current Development Agreement [1 10:00 AM Pad<ing 11;00 AM Packing (2] 12:00 PM Parking [2] I:00 PM Parking 2'00 PM Parkin Use Size [3] Rete (space per) Parking Rete (space per) Parking Rate (spaoe per) Parking $ate (space per) Parking Ra[e (space par) Parking Office 658,360 sf 322 sf 2,045 322 sf 2045 350 sf 1,881 350 sf 1,881 335 sF 1,965 Sit-Down Restaurant 7,448 sf 186 seats 15 soars 12 IS seats 12 3 seats 62 3 seats 62 9 seats 21 Fast-Food Restaurant 3,758 sf 158 seats 37.5 seats 4 37.5 seats 4 7.5 seats 21 7.5 seats 21 18.75 seats 8 Retaib 2,009 sf 750 sf 3 750 sf 3 750 sf 3 750 sT 3 500 sf 4 Health Club [4] 11,268 sf 750 sf l5 750 sf 15 750 sf 15 750 sf 15 500 sf 23 Medical Office 2,076 sf 250 sf 8 250 sf 8 250 sf 8 250 sf 8 250 sf 8 Total 684,919 sf 2,087 2,087 1,990 1,990 2,029 Observed Parking Demand [5] 2,174 2,249 2,234 2,249 2,234 Less Leased Parking mOff-Site Users [6] (948) (948) (948) (948) (948) Total Yahoo Center Parking Demand [7] 1,226 1,301 1,286 1,301 1,286 [I] See Exhibit A m Ivnendmem Number 4 to Development Agreement [2] Exhibit A does no[ provide parking rates for I I:00 AM and 12:UU PM periods; thus, it is assumed that I I:Ud AM rates are egnivalen[ to 10:00 AM and 12:00 PM tales are equivalent to 1:00 PM. [3] Size represents occupied door area at time of parking utilization counts in early December 2010. [4] Exhibit A does not provide epacitio parking rotes £or Health Clubs; therefore, parking rates for Retail are milized. [5]Observed parking demand on Wednesday, December 1, 2070 [6] Assumes 90 % utilization of 1 053 parking spaces leased to off-site users. 177 Total observed Yahoo Cen[or parking demand excluding parking genuatedlry ofT ails users. LINSCOTT, LAW & GREENSPAN, engineers ~ LLG Ref. 1-I0~ Yahoo Center Table 3 Modified Parking Calculation for Yahoo Center Using Proposed New Rale far Office [1] 10:00 AM Parking 11:00 AM Parking [3] 12:00 PM Parking [3] 1:00 PM Parking 2'.00 PM Parking Usa Sizo [2] Rate (spade per) Parking Rafe (spade per) Parking Rate (space per) Parking Rate (spade par) Perking Rate (space per) Parking Office [4] 658,360 sF 500 sf 1,317 500 sf 1,317 543 sf 1,211 543 sf 1,211 52t sf 1,264 Sit-Dawn Restaurant 7,448 sf 186 seats l5 seats 12 15 seats 12 3 seats 62 3 seats 62 9 seats 2L Fast-Food Restaurant 3,758 sf .158 seats 37.5 seats 4 37.5 seats 4 7.5 seats 21 7.5 seats 21 18.75 seats 8 Retail 2,009 sf 750 sf 3 750 sf 3 750 s1' 3 750 sf 3 500 sf 4 1-[ealth Club [5] l 1,268 sf 750 sf IS 750 sf I S 750 s£ 15 750 sf 15 500 sf 23 Medical Office 2,076 sf 250 sf 8 250 sf 8 250 sf 8 250 sf 8 250 sf 8 Total 684,9!9 of 1,359 1,359 1,320 1,320 1,328 Observed Paddng Demand on December t, 2010 2,174 2,294 2,295 2,249 2,234 Vacant Office [7j 289,279 sf 500 sf 579 500 sf 579 543 sf 532 543 sf 532 52t sf 555 Add Remaining Parking Leased to Off-Site Users [8] 105 105 105 105 105 Yahoo Center Barking Demand aC Pull Occupancy [9] 2,991 2,991 2,906 2,906 2,936 Yahoo Center Parking Supply 3,086 3 086 3,086 3,086 Parking Surplus at Yahoo Cenrer aC Pall Ocoupanoy 95 95 180 180 3,086 (1] See Exhibit A [o Amendment Number 4 to Development Agreement [2]Si¢e represents occupied floor area et time ofparking atilizalion counts in early December 2010. [3] Exhibit A does no[ provide parking rates for 11:00 AM and 12:00 PM periods; [hvs, it is assumed [hm 17:00 AM mrea are egnivnlent to 10:00 AM and 12:00 PM rotes are equivalent to L00 PM. [4] Based on observed parking demand, i[ ie proposed that base (100 % demand) offce parA'ng rate a[ [he Yahoo Czntor ba modified from 1 space/322 square tee[ [0 1 space/500 square feet. [5] Exhibit A dons no[ provide epeoitic pad<ing rates for Heahh Clubs; therefore, parking rates for Rerail are utilized. [6] Asstunes 90° ~ utilization of 7 053 parking spaces leased to off-site users parked et time of perking utilization counts in early Decembor 2(110 (948 spaces). [7]There waa 339,155 of of wcanNundarntilized office 4loor area a[[ime ofparking utilization coovts in early December 2010. For analysis parposas, it is assumed that Pull Oooupanoy is equivalent to 95 % oPoffice apace ocm~pied. Thna, 289,279 sf of vaoant/nndemtilized office space would need to ba occupied to bring the Yahoo Cancer [0 95 % ocatpaucy. [8] Assumes utilize[iou of remaining IO%of 1,053 parkiug spaces leased to off-siro users (705 spaces). [9j Fnll occpancy parking forecast based on Total Forecast Yahoo Center Parking Demand (Current) plus added demand due to occupancy o£vacant office space and unused leased parking spaces. 150 LINSWTT, LAW & GREENSPAN, engineers LLG Ref. I-10-3880-1 Yahoo Center Project .~ COLORADO PLACE PHASES I L II PARAING DEMAND FORMULAE A. Parkins Aeauirement Calcu3ations The actual number of parking spaces required for the actual mix of uses on Phases S and 7I shall be the largest of (3I parking demand at 10:00 A.M, weekdays, (2) parking demand at 1:00 P.M. weekdays, (3) parking demand at 2:00 p.m. weekdays, oz f4) parking demand at 7:00 p.m. weekdays,. with those demands being computed in accordance with the follwing formulae: Parking demand at l0:OD A.M. weekdays = 08/322 + R/15 + FF/37.5 + RC/750 Parking demand at 1:00 P.M. weekdays = OB/350'+ A/3 + PF/7,8 + RC/500 + T/15 Parking demand at 2:00 P.M. weekdays OB/335 R/9 + FF/18.75 + RC/500 + T/15 Parking demand at 7:00 P.M. weekdays = 08/3220 + R/3 + FF/7,5 + RC/SDO • T/3 Where: Oa - Adjusted gross area of .office buildings in square feet R =Number of restaurant seats FF Number of seats at fast food outlets RC Area of retail commercial space in square feet T =Number of theater seats B. Hackarovnd The formulae set forth above were developed utilizing the demand criteria for dif tecent times of the day. established in the May 24, 1983 parking study performed for Phases 2 and II entitled 'A Parking .Demand Study for Colorado Place,• asaugmented and up-dated by the Hay 5, 1987 study, both prepared by International Parking Design, Inc. (collectively, the "Stody"I: EXHIBIT A .s- The formulae were developed for four time periods: (3) 10:00 a.m., when the office buildings are at peak demand; (1) 1:D0 p.m., when the restaurants and retail storesare at peak demand; C3) 2:00 p.m. when the retail stores are at peak demand and the otf lee buildings are close to peak demand; and (4) 7:00 p.m. vhen the cheaters, restau- rants and retail stores are ai peak demand. Peak demand for office use 3n the Study vas calcu- lated at 2,067 spaces for employees and 277 spaces for visi- tors for a total of 2,344 spaces for 755,249 aquarefeet of adjusted gross area of office use. This can De expressedas a ratio of one space/322 square feet. Restaurant demand is calculated on the assumption that there will be a 1.5 turnover of seats at the noon hour with 80 percent of the patrons parked at one time. If 50# of the patrons drive in at an occupancy ratio of 1.8 persons per car, the parking spaces per seat are calculated as: 1.5 x 0.8 x 0.50/1.8 0.333, or 1 space/3 seals. Peak demand for fast food outlets is calculated on the same basis as restaurants except that only 20~ of the patrons are expetted to drive in. The resulting ratio is 1.5 x 0.8 x 0.20/1.6 0.133, or 1 space/7.5 seats. Peak demand for retail is estimated at one space/500 square feet including drive-in percentage factors . Peak demand for theaters is estimated at one space/3 seats. - Peak demand for medical office is estimated at one space/250 square feet. However, if the parking requirements for medical office use imposed by the City pursuant to the proposed Zoning Gode currently under rev iev by the City Council require more parking than 1 space per 250 square feet for medical office use, the Zoning Code requirement shall be utilized so long as it does not exceed 1 space per 200 Square feet. Once the Zoning .Code Currently under con- sideration is adopted by the City, the basic requirement for medical office use shall be established for purposes of this Agreement and shall not be affected by later changes in the Zoning Code to such parking requirements. Utilizing these assumptions, the actual formulae are developed as follows: - 2 - re e 10 A.M. PEAR PERIOD ! Of Peak Peak Resulting tlse Demand Demand Ratio Office 1 space/322 s.f. 100! 21322 s.f. Restaurants 1 spate/3.0 seats 20! I/15.0 seats Past Pood Outlets 1 space/7.5 Seats 20! 1/37.5 seals Retail 1 space/500 s.f. 67! 1/750 s.f. ?heaters 1 space/3.0 seats 0! 0 Medical O[tice 1 space/250 s.f. 1001 1/250 s.f. 1 P.M. PEAK PERIOD ! of Peak Peak Resul ting Use Demand Demand Ratio Office 1 space/322 s.f. 921 1/350 s.f. Restaurants 1 space/3.0 seats 100! 1/3.0 seats Fast Food Outlets 1 space/7.5 seats 100$ 1/7.5 seats Retail 1 space/500 s.f. 100$ 1/500 s.f. Theaters i space/3.0 seats 20! 1/IS seats Medical Off lee 1 space 250 s.f. 100$ 1/250 s.f. - 3 - ,~„ 2 P.M. PEA!( PERIOD Peak Use Demand ~ of Peak Demand Resulting Ratio Oftice 1 space/322 s.f. 96E 1/335s.f. Restaurant 1 space/3.0 seats 33E 1/9.0 seats Fast Food Outlets 1 space/7.5 seats 40t 1/18.75 seats Retail 1 space/500 s.t. 100i 1/500 s.f. Theaters lspaee/3.0 seats 20E 1115 seals Medical Office 1 space/250 s.f. 2008 1/250 s.f. 7 P.M. PEAK PERIOD E of Peak Peak Res siting Use Deaand~ Demand Ratio office 1 space/322 s.f. l0E 1/3220 s.f. Restaurants 1 space/3.0 seats 1001 1/3.0 seats Fast Food Outlets 1 space/7.5 seats 1001 1/7, 5. seats Recall 1 space/500 s.f. 100E 1!500 s.f. Theaters I space/3.0 seats IOOE 1/3,0 seats Medical O{fice l space/250 s.f. OE 0 4 .~ .. , c. Examole Application of the formulae to one of the reasonably arttiaipated mix of uses for Phases I and II of Colorado Place are shown in the following table: PARXING DEMAND Use __ Area (Size) 10.00 A M 1:00 P.H. 2:00 P.M. 7:D0 P.M. Office 1,02a,000 s.f. 3,193 2,937 3,059 319 Restaurants 747 seats 50 249 83 249 Fast Food Outlets 125 seats 4 17 7 17 Retail 1,500 s.f. 2 3 3 3 Theater 1,000 or 2,000 seats' 0 133 133 66) Medical Otfice 35,000 s.f. 140 140 140 0 3,389 3,413 3,369 1,255 ~ASSUmes for purposes of this example that normal weekday matinees will be shove on three screens (1,000 seats) with all screens (2,000 seats) operating after 5:00 p.m. - Under this sei of assumptions, the required number of spaces could be 3,413. Of course, a different set of numbers would result from a-different mix of uses. 5 Attachment E Public Correspondence 34 ~~~tl$J®I~~'~ ~iealti~ Ce~ig~ Lou Lazatin President and Chief Executive Offices April 22, 2011 Santa Monica Planning Commission 1685 Main Street, Room 212 Santa Monica, CA 90401 Re: Proposed Yahoo! Center DA Amendment Dear Commissioners: I am writing as the Chief Executive Officer of Saint John's Health Center ("Saint Tohn's") in suppolt of Yahoo! Center's proposed Dovelopment Agreement ("DA"} amendment, which would allow Yahoo! Center to continua its practice of leasing surplus parking to off-site users, including Saint 7olm's. Saint Tolm's fully supports the proposed amendment to allow the practice of shared parkhtg to continue. We have leased parking at the Yahoo! Center for the past 9 years, and the parldng we lease at Yahoo[ Center (currently 450 spaces) makes up a signifitiant portion of our parking supply (about 30%}. The parking study submitted by Yahoo! Center confirms that there is ample surplus parking at the Yahoo! Center to accoalmodate our lease {as well as leases with other patties). Yahoo! Center's leasing of its unused parking is encouraged by the LUCE's sustainability policy+ of building no mare parking than is necessary and the LUCE's policy of encouraging shared parking. LUCE pp. 2.6=48, 3.1-10. The LUCE encourages "parking efficiency strategies such as shared parking (including sharing of existing parking), lowered parking requirements, and parking pricing to reduce the demand far puking." LUCE p. 3.1-10. Speci#ically, the LUCE indicates tlsat "if the owners and operators of properties can demonstrate drat they have more parking than is aotualiy necessary to meet tho needs of theh' various users (employees, visitors, etc.}," then they should "consider developing puking efficiency shategies that include leasing their surplus parking to help alleviate parking shortages and avoid development o£ unnecessary parking." Policy T26.1 i, Circulation 4.0-73. The owners of the Yahoo( Center are proposing to implement the LUCE's vision for shoed parking through their DA amendment. Now tfia[ Yahoo! Center has demonstrated that it has excess parking capacity, the City should continue to allow this surplus parking to be leased to off-site users (including Saint john's). Thos, the Planning Commission should recommend approval of Yahoo! Center's DA amendment. Sincerely, Lot' Lazatin" President and CEO cc: Rod Gould Eileen P. Fogm2y ' Roxanne Tanemori Bony Rosenbatam Shane Millet' Chris Harding 1328 iWenly~5emnd Street, Sonia Monica, CA 90404-2032 310.a29.5511 Roxanne Tanemori From: Kyle Ferstead Sent: Wednesday, April 27, 20118:26 AM To: Roxanne Tanemori Subject: FW: Policies & Procedures Precede Decision? FYI From: Ted Winterer [mailto:otedo@aol.com] Sent: Tuesday, April 26, 2011 5:15 PM To: logicconex@road runner.com Cc: Kyle Ferstead Subject: Re: Policies & Procedures Precede Decision? Gregg, First of alE, please be advised that I am copying Ky{e Ferstead of City staff on my reply, as I can't recall whether we are required to divulge ex parte communications when reviewing DAs, so I'm playing if safe. Re your email, I'm not sure where to begin as you've asked a lot of questions, but 1 can offer these thoughts: 1. Save your comments re the St John's DA for that hearing. While there's clearly a link between the Yahoo amendment and the St John's amendment, I know I will be reviewing the Yahoo amendment as a stand alone item on its own merits, regardless of any connection to St. John's. !imagine the rest of the Commission will be doing likewise. 2. It's my understanding that employees at Yahoo won't necessarily be charged for parking; instead, as part of the TDM measures they can be offered acash-out incentive for no# driving and using the parking for which their employers pay. Many believe charging market rates for parking actually does reduce traffic as drivers have an additional incentive to reduce auto use, whereas free or subsidize parking (for which everyone pays in some fashion) encourages driving. And just about every residentiaE street around Yahoo has preferential parking restrictions. 3. I believe both the Planning Department and the Commission have a fairly strong grasp of shared parking and its potential upsides, which include making unused parking spaces available to the business and residential community. I understand that many are skeptical as reducing parking requirements seems like a giveaway to developers; however, in tandem with enhanced community benefits made possible by reduced parking costs the overall tradeoff may in fact be worthwhile. 4. You've asked about wmmunicating your thoughts to the Commission. I suggest you simpi'dy your comments to make them easily readable and send them via email to the entire Commission tonight as tomorrow may be too late, with a copy sent to Kv1e.FersteadCo~smcov.net so they are part of the public record. Then use your 3 minutes tomorrow night to touch on the most salient points. 5. Bear in mind the Commission will only be making a recommendation to the Council, which is has the final say on the application for an amended DA. Hope this is helpful. And thanks for your thoughts, as you've raised some interesting points such as the impact of employee-paid parking on lower income workers and the inconsistency between our trend towards liberalizing parking standards for larger, discretionary projects while retaining older rules for single family residences and smaller ministerial projects. Regards, Ted ----Original Message--- From: Gregg Heacock <IogicconexQroadrunner.com> To: Ted Winterer <otedo@aoLcom> Sent: Tue, Apr 25, 2Q11 10:55 am Subject Policies & Procedures Precede Oecision7 Ted, Roxanne Tanemori and Amanda Schathter asked to meet with me on Sk. John's addendum to the D.A. on buAding on-site parking. It was most productive. I am inducting an attachment that contains my reflective notes on that meeting so that you might compare it with any other communications that come your way via Roxanne and Amanda. Ellen Brennan, who attended that meeting with me, and I both thought that the comments made at that meeting were relevant to the Planning Commission meeting, scheduled for tomorrow. I am writing to you now in order to check on certain matters to see how relevant they might be to members of the Planning Commission. Time before the microphone is short, making it important to choose the most salient points for exchange. I hope I am being appropriate In approaching you this way with these questions. If not, I won't be offended by your letting me know. The complication In presenting arguments related to Yahoo! Center's request arises from its connection to the St. John's attempt to continue to use parking around the city to sway members of your commission and of the city council that their obligation to provide parking to those using their facility has been met. I expect that most people who would oppose Yahoo! Center's request weuld do so as a response to that situation. However, at this present time, parking for those using the St. John's fadlity Is needed and the Yahool Center needs people to use the parking garage, not being adequately used by its own tenants. Beyond all of that, I do not believe there has been any study of the impact of allowing Yahoo! Center's lot in that way. I also imagine that those managing the Yahoo! Center have not considered other remedies to their situation, such as redudng rents for new occupants or offering space to non-profit organizations and writing off their losses, accordingly. I have read Paul Rosenstein's letter to members of your commission, and white I appreciate the history, I am disturbed 6y his willingness to strap all former dedsions in the hopes that, by allowing tenants to have their employees cfiarged for parking, traffic to our city will be reduced. First, it seems unfair to employees. As a teacher, I try to imagine the effect of schools charging teachers and parents for parking in their lots. I think about St. John's in the same way, wondering what kind of institution would create so much stress for families of patients that it would charge visitors $13 a visit, thus reducing the number of friends stopping by to show patients the caring affection they have for them and placing an abusive burden on families that must use that fadlity as a second home in order to care for their bved ones while also tending to family and work needs. Charging for parking is not a sophisticated approach to reducing traffic. Instead, it is a Clumsy approach that encourages stealing parking spaces in the neighborhood, be they for residents or for businesses. Rebates for people who engage in ride-share programs is what the Southern California Air Quality Management District supports. For this reason, I would object to changing the original agreement to allow business employees and those coming to business meetings or to use the services provided by businesses at the Yahoo! Center to bear the burden now resting on the Center, itself. Would this not, in fact, make renting space at the Yahoo! Center an less attractive choice for businesses? Having said that, I still do not know how compelling or relevant that argument is. I would like to think what I believe is always important and relevant. But, I am not privy to tfie fads in this case and do not know how accurate my assumptions and conclusions are. Is it all right with you that 16ounce that off you? I am also concerned about what impact a favorable dedsion of Yahoo! Center's request would have on the Circulakion Element of the LUCE plan. Considering St. John's request to have cars park there, would those cars be just those of employees, thus not necessitating a second trip, or would some of them be cars being parked by St. John's valet service? The valet service automatically generates a second trip for people using that service. As well, while travel routes to St. John's may be diverse, patterns for St. John's to the Yahoo! Center will be fairly regular, thus increasing traffic flow in a particular way with somewhat predictable consequences. Have those routes keen examined and the consequences been properly considered? If not, I believe they should be before the Poanning Commission makes any dedsion. Altogether, neighborhood assodations are concerned that dedsion-makers are operating with a loose definition of "shared parking." Amanda Schachter daimed there was a rubric. My question would be, is that rubric based on a matrix of variables that should be considered when deriding whether "shared parking" would actually violate the intent of the LUCE, as I am sure it would if it results in high fees for parking or not enough places designated for parking so that people drive around the city in an endless search for an open' space. i also doubt that valet parking that takes a high volume of tars down particular residential streets'is consistent with the intent of the LUCE. Has anything been spelled out by the Planning Division that would ensure that members of your commission would have a consistent understanding of what is meant by "shared parking"? If not, F think that, by making dedsions before policies and procedures have been set, that the Planning Commission would be in danger of setting a precedent that might be used by lawyers in future cases to the detriment of our dty's plan. Therefore, I believe it might be wise to postpone making any decision until certain procedures are followed and certain policies are considered. if any revision would be made on the plan set with the Yahoo! Center that would allow their lotto receive cats from St. John's or from other businesses around the city, I would ask that there he a two-year limit on that agreement--time enough to allow construction of an underground parting structure--and that this agreement be contingent on St. lobo's breaking ground for that structure. What I am asking Is how best to present this case before Members of the Planning Commission. I am also asking how salient these points are. I hope I am not asking too much of you in posing such questions. I would not want to tompromise your position in any way. Fallowing these remarks Is the attachment I promised in the beginn(ng. I would also like your opinion on whether that attadiment should be sent to Members of the Planning Commission. I appredate any advice you might give in these matters. Roxanne Tanemori From: Kyle Ferstead Sent: Wednesday, April 27, 20118:23 AM To: Roxanne Tanemori Subject:. FW: Yahoo! Center Development Agreement Amendment ~I From: Gregg Heacock [mailto:togicconex@roadrunneccom] Sent: Tuesday, Apri! 26, 2011 11:08 PM Yo; Jim Ries; Jennifer Kennedy; Hank Koning; Gerda Paumgarten Newtwid; Jason Parry; Gwynne Pugh; Ted Winterer Cc: Kyle Ferstead; Amanda Schachter Subject: Yahoo! Center Development Agreement Amendment 1~ G1~2~DY,~ Committed To Helping Neighbors Improve Their Neighorhood Dear Members ofthe Planning Commission, For many in our community, the most important aspect of the issue you will be voting on this evening may seem quite tangential to you. But, I must tell you that it is not tangential to the community you serve. As someone who walks his dog through the Yahoo! Center and is struck by the number of empty spaces I see throughout the all the buildings that make up this complex, I understand why-the conditions that restrict parking to those using the complex needs •some modification, if only temporarily, to help Yahoo! Center to remain solvent. However, because allowing others to use their lot would be tantamount to condoning St. John's Health Center's proposed addendum to its development agreement with the City of Santa Monica, limits need to be placed upon any changes made to the agreement made with the Yahoo! Center. It is important that you honor the concerns that many people have that St. John's can ride on the coat-tails of this vote to claim a fait accompli if you don't separate one issue from the other in some meaningful way. Members of neighborhood associations find it odd that major constructions Like St. John's Health Center could take place and that providing adequate parking for those using the facility would be described as a "public benefit." Providing adequate parking when building residences is a requirement. We see a double standard here. We also see that allowing St. John's to use the Yahoo! Center parking lot as a destination for its valet parking doubles the number of car trips in our city, which is not consistent with the intent of the LUCE. Furthermore, we know that money is taken out of nurses' paychecks to pay for this parking. Here, again, we see a double standazd. Many workers at the Yahoo! Center do not have to pay for their parking; it is paid for by their place of work, and they get compensated far ride sharing with fellow workers. To be fair, you should require St. John's cease taking money from their workers paychecks and pay for their employees' pazking as businesses at the Yahoo! Center do. Beyond that, I ask that you set a time limit on the variance you are allowing the Yahoo! Center in order to maintain the integrity of the original development agreement. This time limit-let's say, two years-would allow St. John's time to fulfill its original Development Agreement by building an on-site underground pazking garage. Anything less would be a disservice to patients who benefit from visitors coming to see them and would be tremendously burdensome to anyone hying to care for a family member at the hospital while dealing with responsibilities of family and work. I understand that you would want to separate these two issues, but in the public mind they aze bound together. Only`by putting tone limits on the variance and by setting conditions that ensure equitable treatment of employees, most of whom earn low wages and cannot easily afford paying to park at the Yahoo! Center, would you be effectively sepazating these two issues, as you should. I appreciate your giving this matter due consideration. Most sincerely, Gregg Heacock President ofMid-City Neighbors HARDINC LARMORE KUTCHER & KOZAL, LLP - ATTORNEYS AT LAW WRITER'S DIRECT DIAL 1250 SI%TH STREET. SUITE 200 WRITER'S E-MI~IL ADDRE 55 (310)451-2968 snNrnMONlcn.cnuFORNla4oaol.lvoz haiding@hlkklaw.com iE LEPHONE (310) 3431007 FACSIMILE (310) 3923537 April 27,.2011 VIA EMAIL & HAND DELI~lERY Santa Monica Planning Commission 1685 Main Street, Room 212 Santa Monica, CA 90401 Re: Yahoo) Center DA Amendment Hearing Date: April 27, 2011 Agenda Item No. 6-A Our Client: Saint John's Health Genter Our File No. 20440.001 Dear Commissioners: I am writing on behalf of Saint John's Health Center in response to an email that was sent to you yesterday from Gregg Heacock, President of Mid-City Neighbors. Although Saint John's proposed development agreement ("DA") amendmen# is not before you tonight, Mr. Heacock's email contains several items of misinformation about Saint John's and Saint John's use of Yahoo! Center That we would like to correct. Saint John's has been leasing parking at Yahoo! Center since 2002 and has never used it as a receiving tot for valet-parked cars. Further, Saint John's has no intention to "use the Yahoo! Center parking lot as a destination for its valet parking" in the future. Saint John's proposed amendment to its DA, including Saint John's proposed Parking Management Pian, contemplates use of Yahoo! Center parking for staff and student parking only. As you will seewhen Saint John's proposed DA amendment comes be#ore you, Saint John's plans to continue utilizing its on-campus lots far valet-parked cars and to add approximately 80 spaces for valet-parked cars as part of the construction of the Entry Plaza area. Saint John's proposed DA amendment will also include a provision prohibiting Saint John's from using Yahoo! Center as a receiving lot farvalet-parked cars. With respect to Mr. Heacock's request that Saint John's provide its employees with free parking, this would undermine the City's Transportation Demand Management {"TDM") goals. Saint John's proposed DA amendment will include an aggressive TDM plan, with an average vehicle ridership target of 1.5 (with a goal of 1.6 upon arrival of the Expo light rail). Saint John's could not possibly achieve this goal if it were required HARDII~G LARMORE KUTCHER&KOZAL, LLP ATTORNEYS AT LAW Santa Monica Planning Commission April 27, 2011 Pag$ 2 to provide free parking to its employees. Charging for parking incentivizes employees to carpool or take alternative means of transportation. The LUCE recognizes this and states that "the true cost of parking should be made visible to employees either through direct, daily parking charges or parking cash-out programs" (p. 4.0-fi0) 1 will be at tonight's hearing to speak in support of Yahoo! Center's proposed DA amendment and can answer any questions you may have about Saint John's lease of parking at Yahoo! Center. Sincerely, C~~\~~ Christopher M. Harding cc: Rod Gould Eileen P. Fogarty Roxanne Tanemori Barry Rosenbaum Shane Miller F:\W PDATA\204401Cor\Commission.1002. CMH.docx Harmony Love Begins 1 mere Via: US mail and email to Roxanne.tanemori@smgov.net Apri127, 2011 Roxanne Tanemori, AICP, Senior Planner City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 ~ilY PLAN~+ifl~i~~; 11 APR 29 A9 :40 Re: 011 DEV-0421 Notice of opposition to the pending Amendment to revise Yahoo Center base parking ratio, opposition to authorize the lease of 1,053 surplus parking spaces to non-tenants Dear Ms. Tanemori, As tenants. at Yahoo Center, 2401 Colorado Avenue, we hereby request that the pending amendment referenced herein be denied by City of Santa Monica Planning Commission on the following grounds: eHarmony pays a premium for parking and our employees already encounter peak parking times throughout the day when parking spaces are difficult to fmd. Based on employee complaints about the time it takes to fmd a parking space, we fmd it hard to believe that there are over 1,000 parking spaces that go unused during any given day. As EOP leases more office space, as we understand is in progress, parking availability will undoubtedly become much more difficult. Furthermore, if Amendment does pass, we mcluesi that o~ site-parties are required to park on parking level 3. Sincerely, J' lambex~° ice Presi et Human Resources 2401 Colorado Ave, Suite A200 PO Box 3646, Santa Monica, CA 90408 P:424-258- 1199 F: 424-249-7285 wwwcharmonycom Roxanne Tanemori From: Kyfe Ferstead Sent: Wednesday, May 18, ZOll 9:22 AM To: Roxanne Tanemori; Barry Rosenbaum; Amanda Schachter; Paul Foley Subject: FW: Item 9A: Yahoo Center Parking DA Amendment From: Paul Rosenstein [mailto:paulrosenstein@roadrunner.com] Sent: Wednesday, May 18, 2011 1:18 AM To: Jim Ries; Jennifer Kennedy, Gwynne Pugh; Ted Winterer; Kyle Ferstead; Gerda Paumgarten Newbold; Hank Koning; 7ason Parry Subject: Item 9A: Yahoo Center Parking DA Amendment From: Paul Rosenstein <paulrosenstein a+7.roadrunner.com> Date: April 24, 2011 5:08:00 PM PDT To: infoCct~.awvnnepuah-us.com Subject: Fwd: Item 6A: Yahoo Center Parking DA Amendment From: Paul Rosenstein <paulrosensteinCc~roadrunner.com> Date: April 24, 2011 5:05:02 PM PDT To: Jim Ries <Jim Ries(c~hotmail.com>, Jennifer Kennedy <KennedyRCB(a~aol.com>, Ted Winterer <TedSMPlanCa)amail.com>, Gwynne Pugh <GPuah tr.puah- scarpa.com>, Jason Parry <ParrvJ a(~.gte.net>, Hank Koning <HKoninana.kearch.com>, Gerda Paumgarten Newbold <gnewbold(a)ama iLcom> Cc: Gregg Heacock <loaicconex(a~roadrunner.com>, Eileen Fogarty <Eileen.FogartyCt~smaov.net> Subject: Item 13A: Yahoo Center Parking DA Amendment I accept my share of responsibility for the large number of unused parking spaces in Yahoo Center. In the mid-1980s, we founded the original Mid-City Neighbors in response to the wave of commercial developments in the area. To promote the city's economy, the LUCE at the time designated the low-rise commercial and light industrial azea as the Special Office District. These projects led to the anti-development movement that continues today. (The current LUCE has taken the same approach in the azea just to the east -the Mixed-Use Creative Office District - although we've learned many lessons since then.) The developers of what was then called Colorado Place had prepared a parking study calling for less than the required number of pazking spaces based upon a shared parking analysis. The city ageed with the study. The neighbors distrusted this study and became concerned that if the number of spaces was reduced, the project's tenants and visitors would park in the neighborhood. We were also concerned, of course, about the traffic impacts. I chaired a neighborhood committee that in contentious and dramatic negotiations, hammered out an ageement in the city manager's office during the Planning Commission hearing. Among other things, it required the present number of parking spaces and grovided free pazking to all employees of tenants and visitors. Some money was also committed that was later used to mitigate traffic in the azea -like reducing traffic lanes, adding. stop signs, medians,and bike lanes in the residential portions of the area. Colorado Place was the first of the big office projects and we later realized that free parking is . counter-productive.to reducing traffic and the other projects were allowed to charge. The staff report mentions that much of the surrounding neighborhood has permit parking to protect it from project tenants and visitors, bu# most of us have to pay for those permits for that protection. (Some neighbors within a block of Yahoo Center have told me that they don't pay for their permits. We did negotiate a clause in the Water Gardens DA that would protect the neighbors from overflow pazking and perhaps that is where the free permits originate.) I don't know if the numbers in the owner's study are reasonable, but I do know that many spaces in Yahoo Center are unused or leased out, sc the amendment seems reasonable -especially because it requires leased spaces to be returned to tenant uses when necessary. The TDM requirement is also a positive addition. It also allows the ending of free pazking for the tenants' employees. The notification for the hearing was sent to a 500' radius. This is another clear example of the need to increase the radius requirement for large projects. One final note, the DA provides the park (at 26th & Broadway). It is one of the nicest parks in the city. Under the terms of the DA, it is privately maintained but open to the public under the same rules as ail other city parks. Unfortunately, it is under utilized and not even mentioned in the city's parks list. The drought-resistant landscaping is now in fixllbloom: Stop by and enjoy it! Paul Rosenstein home: 310-828-0112 cell: 310-430-2475 PaulRosensteinCc~ RoadRu nner.com Roxanne Tanemori Prom: Kyle Ferstead Sent: Wednesday, May 18, 20119:07 AM To: Amanda Schachter; Roxanne Tanemori; Barry Rosenbaum Cc: gerda newbold; Gwynne Pugh; Nank Koning (Hkoning@kearch.com); 3ason Parry; Jenni#er Kennedy;lim Ries; Ted Winterer Subject: fW: Yahoo Center attempts to subvert D.A. __ . .... ... ... . From: Gregg Heawck [mailtoaogicconex@roadrunner,com] Sent: Tuesday, May 17, 2011 6:37 PM To: info@midcityneighbors.org Subject: Yahoo Center attempts to subvert D.A. 1 ~~~~ ~~i~;~~or°~ Committed To Helping Neighbors Improve Their Neighborhood Dear Members of Mid-City Neighbors & Friends, Tomorrow night the Planning Commission will be considering whether to approve the Yahoo Center's Development Agreement Amendment that substantially changes the original agreement and asks that all violations of that agreement be excused without financial penalty. This not only sets a precedent for ignoring all Development Agreements that the City of Santa Monica makes in the future or has made in the past, but it changes the original agreement in such a way that would be damaging to businesses, to workers, and to our neighborhood. The abuses are so many that reading about them will take some time. 50, before I go into details, I want to pass on some essential information about Wednesday night's meeting. The Planning Commission will meet in the Gity Council chambers, beginning at 7 p.m. You are encouraged to attend. Many of you will want to speak. Those who cannot attend should consider contacting all members with your comments by sending them to Planning Commission Secretary Kyle Ferstead: <Kyle.Ferstead nsmgov.net>. For many of you, the big issue has been leasing out parking spaces to St. John's nurses and other staff. People see reason to feaz that if the Yahoo Center's Amended D.A. is passed, this will help St. John's to make the case that they don't need to build the on-site parking garage they promised because they have arranged to have everyone park elsewhere, relatively close by. People are right to be concerned. But, after reading over the revised agreement for the Yahoo Center, I see many more issues to raise alarm. The Development Agreement Compliance Review from September 28, 2010, said that Yahoo Center was out of compliance with its agreement because it has been leasing pazking spaces to off-site parties: "leasing of required parking spaces is not consistent with the Development Agreement which specifies that parking spaces are required for the actual mix of uses on the site." That agreement, according to the Planning Commission Report, submitted for the Apri1271h meeking, now postponed until tomorrow, was to provide the following: i`C~rrent Measures Imniemented to Reduce Nei¢hborhood Svillover In order to address concerns about potential pazking spilloverinto the surrounding residential neighborhoods, several requirements are already incorporated in the current Development Agreement. These measures include the followhrgc • All leases and subleases must include a provision that requires on-site tenants, including the restaurantlretail areas and health club, to offer validated parking for a minimum of three hours to all regular visitors, customer, and members." The Yahoo Center has made money by violating its Development Agreement and now asks to be excused from any damages: "the Owner shall not be liable in damages to City for any non-monetary default." Instead, Yahoo Center asks to cancel the benefit! According to the Supplemental Report to the Planning Commission just released: "No Free Parkine. Notwithstanding anything to the contrary in the Agreement, Owner shall not be required to mandate its tenants to provide free parking to their employees." Yahoo Center would have us believe that this new "Agreement is consistent with the principles of the newly- adopted LUCE...." In accordance with the Transportation Demand Management (TDM) requirements for new developments, the Yahoo Center is creating "incentives for existing employers, institutions and residential neighborhoods to reduce their vehicle trips." Parking would normally cost just under $200 a month. One employee has been required by his employer to pay one-half of that out of his paycheck. The amendment to the D.A. calls for "No Free Parking," removing the mandate for "its tenants to provide free pazking to their employees." When I asked employees whether they had heard about this, jaws dropped, eyes bugged out. Most, in their 20's and 30's, said they could not afford it. In other words, by creating a situation that allows employers to have their employees pay for their own parking, Yahoo Center is encouraging ride sharing, bicycle riding, and walking to work. Yahoo Center has taken the carrot-and-stick, or incentives-and punishment model to a new level. Now, the "stick" is now called a "carrot." This is a typical corporate tacfic of using the principles of jujitsu to throw the city off balance. It is ano#her attempt to co-opt the city's progressive intent to create a repressive money-making agenda. Here is the situation: Yahoo Center is one-third empty. Accordingly, their parking lot is one-third empty. They could charge less rent, could even house non-profits free of charge, but more money could be made by reporting fitiancial losses, based on the high level of rent last paid by an occupant. Then, they try to change the parking agreement by creating a ratio for parking based on present usage-as though this were the normal situation-putting into place an agreement that allows them to make money as a pazking garage for St. John's, for auto dealerships, and various other concerns. Their above-ground operation makes money by reporting losses, while their below-ground operafion makes money by packing so many cars into the spaces provided that current employees told me, "Finding parking in the garage-after 9 a.m. is a real hassle." Meanwhile, according to the Development Agreement Compliance Review, here's one remaining community benefit: "Community rooms open to the public and available free of charge for community & neighborhood groups." But, despite the D.A. that promises "community rooms," there is only one. And, the benefit Yahoo claims to have added beycnd what's required-free parking-has not been conveyed on a regular basis to those groups using the room. Another benefit, also to prevent parking spillover, is the following. Free parking for people using the park was promised on weekends and holidays to protect the neighborhood from people parking on local streets. However, the person in charge of parking told me there has been no procedure put in place to validate parking for visitors to the park. Instead, people have been charged $2.50 for each 12 minutes of parking, np to a maximum payment of $29. The amendment would excuse the Yahoo Center from any financial responsibility for not providing this benefit. Remember, if the Planning Commission and the City Council accept the Yahoo Center's proposed Development Agreement Amendment, this would create a precedent that would allow all developers to game the system in similar ways and play our city for suckers. Please take a stand on this one! Gregg Heacock President ofMid-City Neighbors C cl,C," I spoke to Chazles Hobey, the Chief of Operations fot Home Equity, which mns the Yahoo Center and is a50°~ owner of the property long with TIAA-CREF. It was a most agreeable conversation, but there are certain matters in which we are not in agreement. In brief, the City of Santa Monica in conducting a compliance review found the Yahoo Center out of compliance with their Development Agreement. Leasing out parking reserved for tenants of the building, their employees, clients, guests, and the public at- large using the public park and the tennis courts and the community room violates that agreement, which was designed to prevent parking overspill onto streets where residents have barely enough pazking for themselves. This has been called along-standing practice. And I understand that when Home Equity and TIAA-CREF purchased the Yahoo Center in 2003, they did not know that this long-standing practice of the former owner was in violation of that agreement. Nor did they know that the agreement called for Community Rooms, not just one Community Room, something even the city #ailed to notice in its compliance review. They also did not realize that there~was no effective procedure put in place to provide free parking to people using the park not only on weekends as they have agreed but on weekdays, which they list as something listed as an additional benefit they are giving to the public. Now that one-third of their office space is unoccupied, they find that one-third of their parking space is also unoccupied. So to straighten out the situation, they are asking that the city agree not to seek reparations for these violations. And, instead; they want to codify this by changing the ratio of parking spaces per square footage so that it is more. in line with present usage-in which one-third of the office space stands empty. Meanwhile, they can load up their garage as much as it will bear-even though employees I have talked to say that, if they come after 9 a.m., they have trouble finding parking-and some nurses from St. John's have given up Looking for parking because they aze going to be late for their shifts. And, they want to change the agreement in which leaseholders had to provide their employees with free parking to discourage them from parking on the street. So, in effect, they want all of their violations to be incorporated into the new plan and not beheld accountable for breaking their agreement on the old plan. I oppose this proposal. First: This would set a bad precedent for development agreements in this city. Second: We have, as yet, not assessed the damage. Third: Allowing their employers to charge them for parking changes contracts in ways that could have detrimental effects.we have not considered. We do not chazge teachers and police for parking. This sets a new precedent we have yet to explore. Fourth: It opens the door to allowing St. John's to claim that their parking problems have been solved. Mr. Hobey was quite forthcoming in his conversation with me,.buti he would not reveal how much parking has been leased to St. John's nor what St. John's is paying for that right. I see no reason to change the ratio of square footage to parking. It would be much wiser to allow Yahoo Center to contract out for parking as they have been doing. They are our neighbors and should not suffer during these hard economic fames. But, I also think that reparations are called for. Some think this should be monetary. Certainly, they need to provide another community room. But I think these reparations could"take the form of future community benefits-worked out with members of the Neighborhood Council. I believe that would do much to improve relations in our community and may result in creating some of the large community events of 500 or more people for which free parking has been promised. As our downtown area loads up with construction, it might he nice to show off this part of the Mid-City before the expo comes, rather than after. Gregg Heacock 1528 Yale Street #4 Santa Monica, CA 90404 Roxanne Tanemori From: Kyle Ferstead Sent:. Thursday, May 19, 20119:35 AM To: 'Bruce Weiller' ~~; Roxanne Tanemori Subject RE: development agreement for Yahoo Center Mr. Weiler-1 apologize 1 did not receive your a-mail until after the meeting started. Your a-mail wil! be fiorvvarded to the City Planner working on the project & will be inc3uded as correspondence for the City Council hearing. Thank you for taking the time to express your opinion. Ms. Kyle Ferstead Planning Commission Secretary Planning & Community Development Department From: Bruce Weiller [mailto:bruce_weiller@yahoo.com] Sent: Wednesday, May 18, 20118:37 PM to: Kyle Ferstead Cc: Shad Weiller Subject: development agreement for Yahoo Center Dear Mr. Ferstead and Planning Commission Members: I live at 918 23rd Street and have been a resident of Santa Monica for 17 years. I strongly oppose the proposed changes in the development'agreementlor the Yahoo Center and for St. Johns. Developers cannot be allowed to game the system and get out ofi development agreements in order to maximize their profits. We are seeing this again wish problems with parking from Whole Foods Employees in our neighborhood. Whole Food employees are not permitted by their employer to park in their structure! We need there to be as much parking available in these developments as possible in order alleviate the pressure on our streets. Employees at these businesses should be able to park in ai there place of employment for free; this needs tc be explicit in the development agreements. Please do not make an exception for the Yahoo Center; this will only allow the developer to maximize their profits at the expense of the quality of life for the residents. Sincerely, Bruce Weiller bruce weiller(awahoo.com Attachment F AVR Calculation for Yahoo Center, May 31, 2 011 35 MEMORANDUM ro: Dale Goldsmith Date: May 31, 2011 Armbruster Goldsmith & Delvac LLP Prom:. David S. Shender, P.E. uc Ret 1-10-3880-1 Linscott, Law & Greenspan, Engineers Calculation of Aggregate Average Vehicle Ridership (AVR) for the subject: yahoo Center at 2425 Colorado Avenue in the City of Santa Monica This memorandum has been prepared by Linscott, Law & Greenspan, Engineers (LLG) to summarize our calculation of the aggregate Average Vehicle Ridership (AVR) at the Yahoo Center located at 2425 Colorado Avenue in the City of Santa Monica. The aggregate AVR calculation has been prepared as a follow-up item from the May 18, 2011 Planning Commission hearing conducted for the proposed Amendment to the Yahoo Center Development Agreement. To calculate the aggregate AVR, the Employee Trip. Reduction Plans (ETRPs) for individual tenants within the Yahoo Center with 50 or more employees were consulted. Currently, individual tenants with 50 or more employees aze required to prepare ETRPs under City Code Section 9.16.070. The ETRPs provide information related to travel mode surveys of employees during the morning (AM) and afternoon (PM) commute periods over a one week (Monday -Friday) tirneframe. Based on the total number of reporting employees and vehicles utilized for commute purposes during the survey week, calculated AVRs are provided in the ETRPs for the AM and PM periods. In coordination with City staff, the following ETRPs related to the Yahoo Center are on file at the City: • Rubin Postaer and Associates • Home Box Office • Gensler & Associates • Yahoo! Media • ShoeDazzle In consultation with Equity Office Properties, it was determined that these five employers occupied building floor area at the Yahoo Center equivalent to 84% of the total leased space in December 2010, which coincides with the time period of the parking utilization counts utilized in LLG's April 25, 2011 parking study.t Based on the collective 84% utilization of office space at the Yahoo Center, the calculated aggregate AVR associated with these five employers submitting ETRPS would provide highly representative "baseline" commute data for the overall complex. t It is noted that subsequent to the parking counts in December 2010, the Yahoo Center moved in two new tenants -CBS Studio and eHarmony -that have 50+ employees and maybe subject to SNIMC 9.16.070. According to City staff, CBS Studio and eHarmony aze not required to submit ETRPs until July 15, 2011. Engineers 8 Planners Traffic Transportation Parking Liracott Law & Greenspan, Engineers 236 N. Chester Avenue Suite 200 Pasadena, CA 91)06 626.796.2322 r 626.7920941 r v/ww.Ilgenglneers.com Pasadena Costa Mesa San Diego Las Vegas O:UOB FILE13380MemoAYaboo Cxmxv AVR (053 L.11).doo Dale Goldsmith May 31, 2011 Page 2 Table 1 attached provides the AVR calculation during the AM and PM commute periods for each the five employers as included in their respective ETRPs? Table 1 also provides an aggregate AVR calculation based on the person trip and vehicle trip data contained in the ETRPs. The calculation is appropriately "weighted" such that the employer with the highest number of trips (in this case, Rubin Postaer) has a greater influence on the calculated aggregate AVR as compared to the employer with the fewest number of trips (i.e., ShoeDazzle). As shown in Table 1, the aggregate AVR for the five employers during the AM commute period is 1.31 while the aggregate AVR for the PM commute period is 1.32. As previously noted, based on the fact that the five employers occupied 84% of the leased space in December 2010, it is reasonable to conclude that this data provides a reasonable average baseline AVR for all employers at the Yahoo Center. It is further noted that attainment of the 1.5 AVR target as provided in the Transportation Demand Management plan prepared by LLG for the Yahoo Center} would require an approximate 15% improvement upon the average baseline AVR. If, for example, the 15%AVR improvement yields a corresponding reduction in parking demand by 10%, it would reduce parking demand by approximately 300 parking spaces at the Yahoo Center. Thus, attainment of the proposed target 1.5 AVR would result in a substantial change in parking demand at the Yahoo Center. cc: File z As noted in Table 1, ShoeDazzle did not report person trip and vehicle trip data during the PM commute window for purposes of calculating an AVR in its ETRP. s TransportaSon Demand Management (7DM) Plan for the Pahoo Center at 2425 Colorado Avenue in the City of Santa Monaca, LLG, Apri15, 2011 O:~OB FILE~3380~memo~Y'ehco Cm~er AVR(OS iI.f I).doc Table 1 Average Vehicle Ridership for Major Employers at Yahoo Center [1] 31-HaY-11 AM Commute Window PM Commute Window Employer Person Trips Vehicles Trips AVR Person Trips Vehicles Trips AVR Rubin Postaer and Associates [2] 1,907 1,533.75 1.24 1,844 1,487.25 1.24 Home Box Office [3] 1,059 913.83 1.16 1,066 923.83 L15 Gensler & Associates [4] 802 533.00 1.50 717 460.50 1.56 Yahoo! Media [5] 1,657 1,118.28 1.48 1,651 1,135.11 1.45 ShoeDazzle [6] 321 285.00 L13 ee/a n/a ee/a Aggregate Total 5,746 4,383.86 1.31 5,278 4,006.69 1.32 [ t] Person and vehicle tdp data for the major employees at the Yahoo Center provided i¢ the Employee Trip Reduction Plans (ETRPs) for the various site-employees. [2] ETRP Report for Site ID #: 213301 fir year 2009. [3] ETRP Report For Site ID #:312801 for yeaz 2010. [4] ETRP Report for Site ID #:067967 Tor year 20 L 0. [5] ETRP Report for Site ID #: 113627 for yeaz 2010. [6] ETRP Report for Site ID #: 151302 for yeaz 2011. No person and vehicle trip data was provided by ShceDazzle for the PM window. LINSCOTi, LAW & GREENSPAN, engineers LLG Ref. 1-10-3380-1 Yahoo Centar Project Attachment G Memorandum Regarding Parking Facility Tax, June 2, 2011 36 ARIYIBRiJS'd°ER GOLDSMITH 8v 13ELVAC LLP LAND USE ENTITLEMENTS v LITIGATION ^MUNICIPAL ADVDCACY DALE GOLDSMITH 11811 SAN VICENTE BOULEVARD, SUITE 900 DIRECT DIAL (316} 254-9054 LOS ANGELES, CA 90049 E-MAIL: Dale@AGD-LandUse.com June 2, 2011 VIA E-MAIL and MESSENGER Roxanne Tanemori, AICP Senior Planner City of Santa Monica Department of Planning 1685 Main Street, Room 214 Santa Monica, CA 90401 Roxanne.tanemori@smgov.net Tel: (390} 209-8800 Fax: (390}209.8809 WEB: www.AGD-LandUse.com Re: Equity Office Management, LLC! Yahoo Center f2b04-2800 Colorado Ave.1 Dear Roxanne: As you know, we represent Equity Office Management, LLC ("Equity") in connection with the above-referenced project (the "Project"). At its May 18, 2011 meeting, the Planning Commission requested information regarding the payment of City of Santa Monica {"City") parking taxes with respect to the Project. Like most owners of commercial office projects, Equity retains a third party parking management company to manage and operate the parking structure. Standard Parking has managed parking at the Yahoo Center since about mid=2008. Under its agreement with Equity, Standard Parking is responsible for collecting all parking revenues and remitting quarterly all parking taxes to the City. We have attached copies of all of the forms submitted by Standard Parking from the third quarter of 2008 through the first quarter of this year. These forms Shaw that Standard Parking paid a total of over $1.82 million in parking taxes to the City during this time period. Please note that these taxes were based on the total parking revenues generated at the Yahoo Center: tenants9 visitors; and non-tenants. It is not possible to provide a breakdown by ca#egory since Standard Parking does not track parking revenues in this manner. ARMBRUSTER GOLDSMITH ~c DELVAC LLP Roxanne Tanemori, AICP June 2, 2U11 Page 2 Standard Parking paid the taxes via wire transfer. We have also attached copies of the wiring instructions for the payments to the City. Yahoo Center is referred to as location 81605 on the wiring instructions. We have not been able to obtain similar records from Equity's prior parking operator. However, copies of the relevant forms should be on file with the City. Please feel free to call me with any questions. Sincerel yrt~ .....,_---_ ~~ '~ , ~~~~ ~~ Dale J. oldsmith cc: Eileen Fogarty Barry Rosenbaum, Esq. Equity Office Management, LLC The Karie Group ,. CITY OF SANTA MONICA OFFICE OF TIIE CITY TREASYI'RFsR 1685 Main Street, Room 104, Saztta Monica, CA 90401 The tax rate is ]0% p~10g}z bla parking fees. )~~QRTI)VG PERIODS : Due La t tars _ Months Covered Dav of I" Quarter Deo-7an-Feb February 2°a Quarter March-April-May May 3"`Quarter Juno-JutyAug August 41° Quarter SepFOct-Nov November TIME PERIOD: FQtr 2Qtr 3Qtr Delinquent if { g Maroh25 June 25 September 2S Decemher25 4Qtr 2 8 1. TOTAL PARKING FEES FROM ALL OCCUPANCIES .... , S ~ i 9 p y, ~ Z~ 2'L ' 2. ALLOWABLE DEDUCTIONS: a, Anyponon wlro Obayaad ihapower or theClry to Impose thatax hereto provided (maslprovidsapproved Cb~dOoste afEx~nption) ..........:..................................... b. Other (specif y and attaefi explenae°n) ................................ Ixaa mtal elbwe4ladedaclione .....................................................•....„...... 3. TOTAL TAXABLE PARKING FEES (LINE #1 #2) ............. 4. PARKING TAX DUE (]O% OP LEQE #3} ......................... L 1 9 4 r-t_ 429.22 t g w,~v z.9 ~- 5. PENALTIES (10% EACH MONTH PAST DELINQUENT DATE) 6. INTEREST (PER TREAS'URER'S OFFICE) ........................ 7. TOTAL PARKING TAX AND PEES DUE AND PAYABLE .... 19 k ~,ryz..9y •tf ttiYY alYfaYYltlYtltYYtlelYlfYIUYYYl11t1llllYl ll lttfYf\IAYIIIYII IIillil111 7 declare, under pataay ofpery'ury under the laws ofthe Slat e of Caiifomla ti>at to the best ofmy luwwiedge the foregoing is True and wneet, Bushxss Name Standard Padcinp Corecration - Date 9/2j/ 4~ 707 Witshue Blvd. 35 Pic'~or. Mailing Address Foe Anneles. CA 9tIDl7 Daytime PHone 213.531-2738 Wlillam McClelland ~1 p CawacUTltlu UJi,~g4tor lleeional Accounting ~ ~ , Stgnaluro_ N/~g~_/ Parking Location Address 240E rO]OradO Blvd "~ Standard Parking. Wire Transfer Request tOGATpNNBNBFA ONfNIAiION lu~bnd5rd reef STNP.ID a ants and ldONif:)YEAN INVOICBDATB' OVEBATB 8!311200$ 9/25(2008 YehroORNAMO CITY OF SANTA MONICA srHBeTAaaness 1885 MAIN STREET BtYQICe NNNBBR SMTAX0340 P ~ 80016 8 ~ 21805 10 274.18 ROOM 104 80127 21605 2 501.18 80307 21605 ~ 10,143.27 cm SANTA MONICA 80314 21605 7,277.09 8TAT8 ZiP 0008 CA 90401 80473 21605 530.48 wnRwowsmucnows' 80514 21805 1439.58 0.CCWNT NAMe CITY OF SAMA MONlCA 80515 21605 302,00 ACCpUNTNWOEQ 14316-81257 80697 21805 14 871.66 40697 21605 832.09 40863 21605 70.51 80734 21605 10,695.36 40970 ~ 21605 5,314.09 80970 21605 202.09 81083 21605 349.09 81106 21605 20 866.06 81107 21805 2,112,84 81271 21605 687.81 81302 21605 351.68 81323 21605 7 789.45 81330 21805 1 730.25 ---•-~ 81605 21605 .194 442.92 81606 21605 81607 21605 17,848.08 81808 21805 19 414,56 81809 21805 17 918.18 81610 21605 9 922.97 81615 21606 770.85 81618 21605 8,472.06 81617 21605 30.73 81618 216D5 17,452.54 81619 21605 134.47 81620 21605 4 215,03 81621 21805 4 080.43 81622 21605 164.41 81623 218D5 333.65 81624. 21605 3 388.87 81825 21805 866.18 81628 21805 86.95 81627 21605 22,475,09 81628 21605 52.09 81629 21605 7,057.85 81630 21805 6 418.25 81631 21605 9,462.81 81632 21645 413.80 81833 21605 8,829,74 wwitaiwssrtuermxe. BANK p~ AMERICA 30024 51221 10,00 aaAlWM9aR 121000358 00003 51221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ 470,333.02 DISCOUNT ~w~a~ NET AMOUNT $ 470 333A2 THIS IS NOT A CHECK REQUEST DO NOT PAY WITH CWECK yuaurcrmav BIB McClelland Dale 8!23/2 8 APPROVAL S f ' CJTI' OF SANTA MONICA OFFICE OF THE CITY TREASURER 1685 Main Street, Room ]U4, Santa Mon14a, CA 40401 The tax rnte is t0% of taxable pArking fees REPORTING PERIODS: Due Last afters MonWsGoyered Davof 1~ Quarter Dec-Jan-Feb February 2"dQuat4er Marcb-April-May May 111 3'a Quarter Tune-July-Aug August 4`" Quarter Sept-Oct-Nov November DeHngnent if RjQt Paid By Maroh 25 June 25 September 25 1/ December 25 TIME PERIOD; !Qtr ~ 2Qtr 3Qtr V 4Q#r .2008 1, TOTAL PARKING FSLS FROM ALL OCCUPANCIES ..... ~z~~ 6 2. o Y 2. ALL04vABLB DEDU('-!`IONS: A. Any pnroon lvM is lxiynnd thep°mr nP WeCiry Wimp°ga thn lex hwrin , piaYKhYI (IIIn51 pmVidC ap(A'OYCd CcrfPienw orBnampkien) :............................................... b. Othu(specilY and nkkaclk axplamrtion) ..........................._:.. Lett leknlallawn6le dvrcMehons ......................:.....-.................................... ( ) 3. TOTAL TAXABLE PARKEVG FEES (LINE 1~1 '82} ............. ~_ _~~ S O 9. 6 ~ 4. PARKING TAX DUE{10%OFLEdE~3}..~,~,~,.~.~~..~..~..~... ~~ 3~S 90+91 5. PENALTCES (10°lc &ACA MONTH PAST DEIlEdQUENT BATE} 6. INTEREST (PER TREASUE F3R'S OFFICE) ........................ 7. TOTAL PARKING 9'AX AND FEES DUE AND PAYABLIi .... ~ `~ 3 Y ~$O, 9/ •YYYYYYYYYI,YYIYa as YYYYt YY11n4Yll YltYYYY 1YYYl laa YlYY1111 YYY 11Yq YY YYY YY YYi Y1Y1 I declakc, under pk;nalty oPpcrjury under the Laws of fha SiaM of Cotifomia that ro the best of my knowledge the Poregoing Is true eed aorrecL Business kame Slandnrd Yarkine Coroomnon - Aale_ ~ t~Z~l~ 747 Wilshiee Blvd. 35 F-~ ~-~ Moiling A<hiross ~Artec3as. ,~A 90017 l7aythnc Phone 213531 -2737£ Willimn McClelland ConlaaVlSlb Uirekxar lleninnnl Aecoundna Signatura ~/ ~ r' _`~^' Packing [gea0on Address 2407 Colorado Blvd. 51605 i i i OBiJ6A'RDN 10 QaOdlPrtl Pant a ante on IOCAT%)N NVAIEER SR8T.0 MOxTIiIYfaR IxYOICE VATE PPEPAR 7313012008 12125(2008 VEIIDOa NPM6 CITY OF SANTA MON}CA sTAEEYaPaREe6 168bMAINSTREET xNa1CE NNERER SP11 TAX 04Q 08 ~ E - E 80016 21605 / 5,876.54 ROOM 194 80127 21605 / 2,465.36 80307 21605 / 7,497.41 SANTA MONICA $0314 21605 / 7,4$5,02 CAS 80401 80473 21605 / 561.91 WfRING INSTRUCTIONSo $Q514 21605 / 1 294.93 ACCWxixAME CITY OF SANTA MONICA 80515 21605 ~ /~ 374.64 RGCOUtRNV6fEER 14316-61257 80697 21605 `~ 15,$02.79 40697 21605 ~ 1,167.45 40863 ?_1805 / 56,57 80734 21605 ~ 6,905.64 40970 21605 / 5,466.91 80970 21605 ~ 108.64 81083 21605 ~ 350,p9 81106 21605 ~ 17,553.60 81107 21605 >I 1837.42 81271 21605 -047.64 81302 21605 / 370.09 81323 21605 fi/ $ 626.88 -'-~ 81330 81605 81606 21605 21605 21605 / 1 973.66 ~/ 193,590.91 8 81807 21605 18,289,$6 8160$ 21605 17,596.27 81609 21605 13194.18 81610 21605 10,576,27 81615 21605 21.0$ 81616 21605 7 551.17 r 81617 21605 19.63 81618 21605 49 039.30 81619 21606 2,238.87 81620 .21605 4,003,1$ 81621 21605 4,561.99 81622 21645 54.05 ' 81623 21605 345.96 81624 21605 7,860.48 .81625 21605 987,49 81626 21605 92.76 81627 21605 17,876.43 81628 21605 54.48 81629 21605 6,436.58 81630 21605 4,296.56 81631 21605 9 134.35 81632 21605 773.91 81633 21605 7,875.83 N9RING IN9SRUGiIONS BANK OF AMERICA 30024 51221 10.00 AWA HtINe@t 121000358 00003 51221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ 484,480.67 DISCOUNT ©~ ' NET AMOUNT $ 484,480.67 THIS 1S NOT A CHECK REQUEST I70 NOT PAY WITH CHECK 9UeMRlEDBY Fail! McClelland GAiE 2/221 APPROVAL S ~1 S ~ e,.. wti.-ks~ CTTY OF SANTA MON7CA OFFICE OF THE CITY TREASURER I68S Maut Street, Room 104, Santa Monica, CA 90401 .i i :{ 3 114 tax rate ]s 10°!0 of taxab le parkinP fees. REPDRTTNG PERIDDS~ Dua Last ~ Delia if Qaarrers Months Covered Dav of , Not Paid By 1M Quarter Dac-Jan-Feb February March 25 2~ Quarter March-April-May May June 25 3rdQunster June-Jury-Aug August Septambar25 4mQuerter Sept-Oet-Nov . November December 25 TIMEPERiOD: IQtr _„~2Qtr 3Qtr 4Qtr 2, 00~ I. TOTAL PARKING FEES FROM ALL OCCIJPANCIBS j~.~. ~ . ~ ~~ ~~-._,~'.~ 2. ~ ALLOWABLE DEDUCTIONS; a. Any yen;on who ie beyond impowar of Ore tity mknpose ifietax herein provided (mue4pravi~ptprOVCd CedHicate of Hxampdony ............................................~,.. b. Other (apeoNy and atiaoh exptan°don> ............................~.. Leah total ellovabls d6du°dons..........,._..:......,.~ .................................._.... ( ~ 1 3. TDTAI. TAXABLE PARI{ING FEES (LINE #t #Z) .......:..... ~ 5~~~± ~L~~ t ~~ 4. PARKING TAXDUE(IQe/a OF LINE#J) .......................~. _(~~/t~ S. PENALTIES (10°h EACH MONTH PAST DELINQUENT DATE) ~ - ' yy `~ S OFFiOB) ........................ 6. INTEREST (PER TRBASURBR TAX AND FEES DUE AND PAYABLE ~Q 0 ..., 7. TOTAL PARKING _ •fYf[[[Y[11111Y11 RFY1rY[[niYilY[i[iYYIY[/Y11YY1[YY[Ylr[![iYiY YY [[[[11111riilii!\• I dealesa, under penalty of per]ury undo the laws of the State of Ceiifornla thatto the best of my knowledge the foregoing Is hue and onrtect f ~ _ &uainessNama Standard Perkins Ceraoredon Deta_ J -'_ _~ _ 10551055 W.7"TStreet Sefte 1500 ! Maflrng Address 'Los Ansa[es. CA 900fl Daytime Phorte 8 4 213.488-31 Wullam McCtelkurd ~ , A / f ~"' ~ CoafaaVl'ida p1 tarRegtppal A.ccoundna Signature d ~ ^ Parking Looadou Addraxs 2401 C01{iridQ,BlVd. . 7;1605 i i (S I i i i `~ Standard F~arking" Wire Transfer Request tocATaA'Aa+eEA OBUGATIO rt> ,mdlord rent aTeaT-lo ___ paynrentevn nrorrtxheaA . VlVO1CE VATE VVEVATe 8/31/2909 6/28!2008 veAOOrtAAae ' CITY OF SANTA MONICA STAEE(ADVAE33 1685 MAIN STREET UCIOP.ENVhOEq SM TAX 02Q QO 0016 21605 .8,000.91 ROOM 104 80127 21605 2 448.73 CITY SANTA MONICA $0314 21805 7,488.41 STATE TTP WAVE CA 90401 80473 21605 697.73 unRtNC MsrnucnoNS: 80514 21605 1 64$.82 ACVVUAYAAVe CITY OF SANTA MONICA 80515 21605 446.91 nccouivTAUUeEA 14316-81257 80697 21605 13,037.56 40697 21605 1 586.91 40863 21605 121.50 80734 21605 7,990.55 ' 40970 21605 5,335.23 80970 21805 69.36 810$3 21605 328.73 81106 21605 17,482.24 81107 21605 4,392.24 $1302 21605 217.64 81323 21"605 $,707.62 • .~ 81330 $1605 21605 21605 1,003.41 188 657.8 81606 .21605 98, 33.85 818D7 21605 ~ 14,346,12 81608 21605 18198.3fi 81609 21805 16 864.73 81810 21605 10 605.96 81615 21605 200.41 81616 21805 6,4$8.32 ' 81617 21605 23.08 81618 21605 43 840.08 _____ ..uw,~.~~~~.~Y~.~nnl'~~%.wP.~.aMx.....:.:. ^b]R:`[`P.~l.~.~_ N~..aR^wt.v-~.. ......~'.~::.~•~:.a...i \... i 81819 21605 777.82 8982D 21605 ~ 1,011.40. 81621 21605 1970.25 81622 21605 117.57 • 81823 21805 392,88 81624 21605 14,011,59 81625 21605 1 033.69• 81626 21605 .106.03 81627 21605 14,171.51 81628 21605 83.52 81829 21605 4,528.49 81630 21805 3 521.84 81631 21805 12,518.69 $1632 21605 2,349.52 81633 21605 6,462.41 YIIPMO RisfAllCTI0N6: BANK OP AMERICA 30D24 51221 10.00 A9A NllN~t 121D00358 OOOD3 51221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ . 456 890.3D ptSCOUNT ~~ NET AMOUNT $ 456,890.3D THIS IS NOT A CHECK REQUEST DO NQ7 PAY WITH CHECK CIi'I' OF SANTA MONICA OFFIC& OF THS CTI'Y' TRBASURER i6S5 Mein Street, Roofri-i04;Satrta Mottira, CA 9Q401 a The tax rate is l0% of taxa ble t>arldntrfees. REPORTING PBRIO DS: Dee Last Delingttem if carters Months Covered Dav ofof Not Paid By 1" Qaazter Dec-Tan-Feb February March 25 2~ Quarter March-April-May May June 25 3 Quarter June-July-Aug Angust September 25 4m Quarter Sept Ost-Piov November December 25 T]MEPERIOD: 1Qtr 2Qtr ~3Qtr AQtr 2009 1. TOTAL PARKING FEES FROM ALL OCCUPANCIES ..... Q ~ q 53 Sr 't? Z.."l ? _ 2. a. b. 3. ALLOWAELE DEDUCTIONS: Mypctsan who is boyamtmepmvar or ma City to boposametax heroin pmridcd (nwratprovid¢~proved .. crt;aaaza of Exangion) ........................................~: i.l.'. t• ~ 9~t~. Om¢ (speolty and attsah axptanaeon) ...................Lo::....:. Less t°tataeowabla dodaafiaw .................................................................. TOTAL TAXABLE PARSING FEES (LIl~IE #i ~2} ,.....,... ~.. 4. PARSCiNGTAXDUE(10°IoOFLIIdE#3) ......................... 3. PENALTIES (10% EACH MONTH PAST DBLEdQUENT DATE) 6. INTEREST (PER TREASURER'S OFFICE) ........................ 7, TOTAL PARKING TAX AND FEES DUE ANA FAYABLE .... J, s3s,~7~2:~1 1 5 3.s~9.27 i 3 so~.-i7 Y YYYYYY YYYYYf YNY YYYYYYYY YYYYYYYYYYYYY YYIYYYYYYYYYYYYYYYYMNYY YYYYYYY •YYYYr t deolnre, under penalty orperiury miler thalaws of mo Stara ofCalifamia tbat to ma bolt of ory knowledge the faregoing is hue and coma. O) / Rosiness htnme Staodatd Parkin Coroarmian Deta i (2 ~(Q °/ loss w. r sUxatsn;le Isoo Mailing Address I.os Angeles. CA 90017 G beyKma Phone 213-4$8-318Q ~t William Mcgelland ~ y y {r.. ConmotPlttle burLtecReRiattalAceoandna :.°. Signature /~ / 7 y~/ Pat1dng E.oeadan Address 24fl1 Colorado Slvd. 61605 ® Standard Parking• Wire Transfer Request IAGflENN11N~R oauw,noww I•-al«a remN reran 6fMT. kl H-kt}11YCAR INY-IGE-ATE -U--AT- 8!31/2048 9125/2449 veNO~NAe~ Ci7Y OF SANTA MOMCA SfRFETA-DA665 1685 MAIN STREET GiY-tCENUtA-Ft 3M TAX 43Q 09 • • . e 41776 21605 2 778.55 ROOM 104 80078 21605 6 282.11 cnT SANTAMONICA 80127 21805 1,41d.93 STATE ~ tP C-b2 CA 90401 80314 21605 7,726.97 wu~nao ~NSrnucnoas: 80473 21605 602.09 ACC-UNT NAMk CITY OF SANTAMONICA 80514' 21605 1,767.18 ACC-UNi NUNBPA 14316-81257 80515 21605 409.55 80897 21605 12,856.08 40697 21605 1 710.93 40863 21605 86.44 80734 21605 11,476.64 40970 21605 3 921.2'1 81083 21605 323.64 8110fi 21605 19 129.32 81107 21605 1 584.11 81302 21605 165.14 81323 21605 8179.80 81334' 21606 838.59 '"'~ 81 Q0~ 21605 153 577.2 $1606 21605 21489,46 81607 21605 12,050.39 81608 21605 17,939.82 $1609 21605 14 765.82 81610 21605 11,339,82 81615 21606 383.74 81616 21605 6,095.88 81617 ~ 21605 16.26 81618 21605 39,387.64 i i ' 8181' 21805 1 183.19 8.8'~Q 21605 1,341.87 81821 21605 2,413.12 51622 ' 21605 110.85 81623 21605 356.72 81824 248D5 18,586.35 81825 216D5 398,09 81825 21805 94.40 81827 21605 36 946.45 8182$ 21605 5$.55 $1829 21605 3,843.10 81630 21605 5,943.89 ' 8163' _ 21605 10 821.98 8'~ $~ 21605 ~ 1,217.92 81633 21805 5,687.05 Y~IPRMf INb'IRUCf1oN8: BANK OF AMERICA 30024 51221 10.00 A9A MRAbWI 12100p358 00003 51221 10.00 PAYMENT OPTIONS: INVOICE70TAL $ 445,100.71 DISCOUNT . ©wws NET AMOUNT $ 445,100.71 THIS IS NOT A CHECK i~1=Qi7EST _ DO NOT PAY WITH CHECK 's ` SUBMITI£D 6Y Bill McClelland 9ATE 9124/2009 • • l 3 APPROVAL, S CI'I"Y OF BANTA MONICA OFFICE OF THL CITY TREASURER 1685 Main Street, Room 104, Santa Monica, CA 9Q401 The tax rate is 10% of taxable pazkinR fees. REPORTING PERIODS: Due Last Delinquent it' ers Monihs Covered Da o Not Paid By la Quarter Dec-Ian-Feb Febntary Match 25 2'~ Quarter March-April-May May 7tme 25 Sad Quarter June-July-Aug August September 25 4dt Quarter Sept-0ct-Nov November December 25 TIMEPERIOD: 1Qtr 2Qtr 3Qtr X 4Qir 2009 1. TOTAL PARKING FEES FROM ALL OCCUPANCIES ..... ~ ~ 31; z + 4. ~ s 2, ALLOWABLE DEDUCTIONS: a. Any persaa who is heyoM the power of the Ciry to impose the tax heroin provided {mist provide approved Cptiftcata of Exemotionl ................................................ h. Otlter(specify and attach axplanetion} ................................ Leas total allawaele dcductioos .................................................................. 3. TOTAL TAXABLB PARICING~FEE5 (LINE #] #2) ............. 4. PARK]G TAX DOTE (16°/s OF T INE #3) ....... ~.... ~............ 5. PENALTIES (10% EACH MONTH PAST DELINQIJENI' DATE) ltd ~"], Z/9.6t~ r 6 3, ~ 21.y7 6. INT`ERI;ST (PER']'ItEASt7RER'S OFFICE) ........................ 7, TOTAL PARKING TAX AND PEES DUE AND PAYABLE .... / G 3.71 !. Y7 •411x•[~[[pn[°YYMYM[Y[y[[[~[[~~~•[tt[[[~~[[[[[[[[[[~[~[f[•\t[[Y [Y[MM11111[H I declare, ands penalty of perjury under the laws of the State of California that to the best of my ` knowledge the foregoing is true cad correct. Business Name Standard Parldne Comoradon Date ~7 2~ t055 W, 71°Str~tSuite 1500 Mailing Address Las Angeles. CA 900 (J Daytime Phone 2131188-3184 William McClelland Contactlritle Director Rezional Acceuntin¢ Signeiw~e Parking Location Address 2401 Colorado $Ivd. 81605 Standard Parking" Wire Transfer Request LOCAINN HVMBER O&.IGATION I~ -mMlDfd rent BtMT.A) enis MDNTNtYEN1 NIVOICE DAT2 d1E DAlD 17130/2009 12f2512009 UIYpDENUMDGR 5M TAX 044 08 VENDOR NAME GITY OFSANTA MONiGA DTxsef nnnRESS 1686 MAIN STREET • • 41778 • 21605 ~ - 2,574.64 ROOM 104 80018 21805 5,737,47 DIiY SANTAMONICA 80127 21805 3108,09 bTATe ZMCODE GA 90401 80314 ~ 21805 7,376.23 wmlrvclrrs~ucnoNS: 80473 t 21605 5p5.48 ACCDURi NAME CITY OF SANTA MflNiGA 80514 21605 1,678.21 ACCOVfIr NUNBER 14316-81257 80515 21605 384.55 80697 21605 12 181.54 40897 21605 1,508.73 40883 21605 170.48 .80734 21605 9 491.18 44 7 „ 21605 3 248.73 81083 21605 408.55 81106 21605 16,845.79 81107 2160b 2,135.16 '13{22 : ~ ?1605 ~ 239.46 ' 81323 21805 8,019.25 81330 21805 1 686.98 r= 8180b 81608 21805 21605 163,721.47 14,253.83 81607 21605 10,381.84 81608 21605 .171071.38 81869 21605 16116.09 8161.0 • 21605 12 319,17 81615 21605 72.70 81818 21605 6 446.68 $16'7 21605 15.95 8761.8 ~ 21805 37 398.13 i ,_.._........ w.__...__.-- f 81618 21605 1,806,37 81620 21605 1,788.32 81621 21605 1,870.91 81622 21605 49.46 81623. 2fi605 270.92 81624 21605 8 982.52 81625 21605 1,02D.66 81626 21605 83.98 81627 21605 6,031.88 81628 21605 50.30 81629 21605 4,438.72 $1630 21605 4 713.63 81631 21605 7,902.78 81632 21606 576.38. '81633 216D5 4,701.12 wimxoWSm~ioNa: BANK CF AMERICA 30024 51221 10.00 APANU618EN 121000358 ~ OD003 51221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ 3S7 321.89 DISCOUNT ~~ ::i: ; NET AMOUNT $ 387,321,89 ,:THIS IS NOT A CHECK REQUEST :~ b0 NOT PAY WITH CHECK SI~MITiW PY BiIE McClelland PATE 42121!2009 APPROVALS ;f 4 i :..........................,..---.. .. ~ t , v CITY OF SANTAMOAIICA OITIOB OF `THE CITY TREASURER 1585 Main Sheet, Room 104, Santa Monica, CA 90901 TFia tax rate is ]0% o(fa,~abie parking fees. RP,POR7'BdGPERIODS: DueLas# Delingnenti€ arters Months Coverod Dav of ~ ~ 1, jp] Paid BX ]~Quartar Dec-Ian-Feb Februaty March 25 2"d Quarter Mamh-April-May May Juno 25 June..Iu1y-Aug Augnst 3`~Qnarter September 2S _ 4'~Quarter Sept-0et-Nov November 1)ecomber25 TIME PERIOD: ~1Qtr 2Q#r 9Qtr 9Qtr 00' t. TOTAL PARKING FEES FROM ALL OCCUPANCIFsS , .... ~~~'I- 2. ALLOWAI3LEDSDUCTIONS: a, Any peraan Wlm is tayorW tK Powe[ aP the City In imyose 7hatavherein . provided {must p[ovh7e gryroved CMiawla ofl3xamPtlan) ................................................ 6, ocher {spa»ry mY1 anion ~.ytararo[J .........................._.... Less totx! nllmvable dedncdons.........~ ..............................._.,......,............., ~ #F 1E { ~ t '3 ASS ~ ~~3 r 3. 2) ............. 1 TOTAL TAXABLE PARKING FEES (LB1E J . . N ~ ~ • ~~ 4. 3)..........~ .............. PARKING TARDUE(10%OFLINB 5. PENAL'ITES (10% RACH MONTH PAST DELINQUENT DATE) ~ _,,.__ 6. INTEREST (PER'IItEASURER'S OFFICE) ........................ 7. '1 OTAL PARKING TAX AND EEES.llUE AND PAYABLE ,... _L~.~~-G~ iYY/iYi YY YiiYY/YYYYYI\/Yii Y1YYiYi/YYiii/YYYYYYYYY YYY YYYY YYYYYY YYiiii YYi/i ldcalare, underpenalty oPperJary under the laws oftha Stato oPCalifornla that to iha best of my kaowtcdgc the rorogotng {s mte and oorrec[. - )(~ j I~ Cy 13nsinessName Stmxlard Parkfia Corrmmtton , Dato ~iyJL~L1.~ 707 Wllsh[reBtvd.34p'Ploac t ~ P Moiling Address Los Angeles. CA R1R) 7 __.~ Daytime phony 233-48&3789 WiOiem McClotland 1 1 /~. rl/ , ~~ ConhtcVl'itlc n• m~uerinnnl Accou~+na Signaaim ,_~/_ L1 Parking Locution Addresx 2401 Colorado Blvd. 81605 r rs .I SiCand'aref lYarking' Wire Transfer Request wR4noNNVnoftt OBLI(;A710ti Ib andbrd rent onl BTMT.@ AIOMtNYean NNatcROATR MIE OATe 2!28/2009 3l25i2009 CITY OF SANTA MONICA STRlCTAWRGSS 1885 MAIN STRE6'i INVDICENVtA6INt SM TAX 074 09 ' ~ ~ ~ ~ 80016 21605 6,885:75 ' ROOM 104 80127 21605 2,43$.73 ' ' 80307 21805 7,044.30 SANTA MONIGA 80314 21605 7,181.11 srAre avcox CA 90401 80475 21605 681.73 I . WiRINC~ INSTRllC1TON$: $0514 21605 1 60$.27 ~ ACCOVNi NAMV CITY OF SANTA MONICA 80515 21605 388,18 Accouxrenn+eflx 14376-812b7 80697 21605 14 712.51 40697 21805 1,172.28 40863 21605 84.85 80734 21805 5 848.91 t, 40970 21605 5 471.59 $0970 21605 125.46 81083 21605 372.84 81106 21605 17,159.93 81107 21605 1 864,82 81271 21605 428,85 81302 21605 221.73 81323 21605 8 077.41 • '°~""'-~ 81330 81605 21605 21605 1,774,50 147,338.4 87606 21605 20,375.69 81607 21605 20,865.86 $1608 ~ 21605 17 948.55 ' 81609 21605 __ 9,349.23 87610 21605 18 668.74 - 81615 21805 104.88 81616 21605 5,568.78 r 1 ~~....~.~._~. ^'~.. ~. Y.. w...w...wo...~Y,.~r~l+•:~{ R:~.TK,t'.4: n-.v.y.e......... :i .~...~-......+`.-ve^~~.na..ns~.a.....x.n-~..u...v<..wy.,T.~~~w.uu.. 81817 21805 18.43 $1698 21605 49039.20 81619 21605 ~ 1,248.13 ' 81624 21605 2 684.41 81621 21805 3 016.95 81622 2160b 58.14 81623 21805 387.32 81624 21605 8,156.31 81825 21605 955.80 81626 21605 98.63 81627 21605 11,563.08 81628 21605 58.60 II1629 21605 6,452.02 81830 21605 ~ 4,995.01 81831 21605 11 163.48 81632 2160b 932.09 81633 21605 7,540.35 Yl4t~NG UiST811CTI0He: BANK OF AMERICA 30024 51221 ~ 10.00 AeaNUamae 121000358 '00003 51221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ 431,910.42 DISCOUNT +L7wes NET AMOUNT $ 431,910.42 THIS 15 NOT A CHECK RE4UEST d0 NOT PAY WITH CHIrCK 888NIil®8Y Bi11McCleiland OAR 3 2y APPROVA S CITY OF SANTA MONICA OFFICE OF THE CITY TREASURER 1685 Main Street, Room 104, Santa Monica, CA 90401 The tax rate is 10% of taxable nankin £g ees• REPORTING PERIODS: Due Last Quarters Months Covered Dav of lr` Quarter Dec-Ian-Feb Febmary 2ie Quarter March-April-May Mlay 3'd Quarter June-July-Aug August 4'" Quarter Sept-Oct-Nov November TIME PERIOD: X 1Qtr 2Qtr 3Qtr Dejingttent if Not Paid By March 25 June 25 September 25 December 25 4Qtr 2010 1. TOTAL PARKING FEES FROM ALL OCCUPANCIES - , , , , ~ ~3 6 Z~S7~' ~ ~ 2. ALLOWABLE DEDUCTIONS: a. Myperson who u Lxyond the power of the Cify to impose the tax herein provided {must pmvida approred Cerciiscate of Fixamttlon) .............................. b. C1dwr(speciflj andatlach axplanatlan) ........................ ~....... Less Ictal al2awabte deductions ..................................~,.... 3. TOTAL TAXABLE PARKING FEES (LINE #1 #2) ............. 4. PARKING TAX DUE (10% OF LINE #3) ........................ ~5. PENALTIES (10% EACH MONTH PAST DELINQUENT DATE} (-F~{0 ~ S'7 Sr "7 -~ t 3~, a~+t sg 6, INTEREST(PERTREASURER'SOFFICE) ........................ 7. TOTAL PARKING TAX AND FEES DUE AND PAYABLE .... ~ ~- •ifi!!ittlliiltlill\Y1!!lilYiitl[lliYiillllYYtltlll llY tlilaY tlY!!R!ltlY ltlt YYtll Yill 7 declare, under penalty ofperjury udder the laws of the State of Catifomia that to the best of my Ivsowledge the Foregoing is true and correck Business Name Standard Pattcina Carooraricn Date ~ ~ ~` k! ~ ° 1455 W. Th Sheet Suite 1500 Mailing Address Las Angeh. CA 90017 Daytime Phone 213-488-3184 WilliamMtClelland q J - Couta~tle Director Reviona} Accoontina Signature ~~~ r~"~ Parking Location Address 2401 Colorado Blvd. 81605 i ®s~aaa r~a..kny° ' lOaAY~t4lNUNB6A 0840A710N 10 alolQ n:sn 8TM.ID u ont . OMNIYEM arvaoeoaTS Oa&OATC 2!2812010 3/2s/2010 CIrY O SANTA MONICA BtA~TA00FE83 _ 1885 MAIN STREET awwcsxuNawi Sh9 TAX 01Q 1 4177$ 0 21605 2600.00 ROOM 104 80016 21605 8122.21 SANTA MONICA 80127 21605 2,757.50 CA 90401 84314 21605 8,172.67 wIRiN~ Iws'rsvcrwms: 80473 21605 812.82 ACCOVNTNAgB CITY of SANTA MONICA 80514 21605 1 66fl.64 nccaiNrwunaen 14318-61257 80515 21605 353.46 80697 21605 11 715.28 40897 21805 9 743.81 40863 21805 134.18 80734 21605 6 285.00 40970 21805 3 041.18 81083 21605 413.64 81106 21805 16 775.53 81107 21605 2,245.98 81302 21605 172.36 81323 21805 8195.43 81330 21605 1 446.14 "~' 81805 21605 136 257.58 81806 21605 23 979.58 81807 21605 15 810.14 81608 21605 19,584.59 81609 21605 14 839.52 81610 21805 10,169.60 81815 21605 171.77 8181$ 21805 4 371.72 81617 21605 17.87 81618 21605 29 468.98 W1re Transfer Request :,,..::::.:..t .., .w:. ~.~: :..~: y..:::::n...... .:..v..:s:\...:A..:v.........c.. h..,.._... _\ ... .... .. .....n:.;rh':•.:. ~:: +. _.::::3 ,..v... ..\.:.. r:.... .. .. ~%:J::-'.. :........ t E( t ve.....r. e........... i i' t 81819 -'~ 21605 1189.58 81820 21605 688.22 81827 21805 1 125.01 81622 -'~ ~ 21605 112.46 81823 21805 335.44 81824 27605 8 384.78 81825 21605 952,85 81626 21605 97,42 81827 21605 15 437.70 87628 21605 58.37 81829 27805 5 575.64 51630 21805 3 944.66 81831 21605 15,985.95 81832 21805 $08.05 81833 21805 1,317.66 wa~rtwwsmtianoxs: BANK OF AMERICA .30024 51221 10.00 ABR NUGV3ER 121000358 00003 51221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ 3$5,110.83 DISCOUNT A~ NET AMOUNT $ 385110.83 THIS IS NOT A CHECK REQUEST DD NOT PAY WITH CHECK 6UBMIi7EV BY Blll McClelland M1E 3!23/2010 APPROVALS . CITY OF'SANTA MONICA' OFFICE OF THE CITY TREASURER 1685 Main Street, Room 104, Santa Monica, CA 40401 The tax rate is 10°/a of taxable parldne fees. REPORTING PERIODS: Due Last Delinquent if a[ters Months Covered Dav of Not Paid By I°t Quarter Dec-Jan-Feb February March 25 2'~ Quarter March-April-May May Tune 25 3~ Quarter June-July-Aug August September 25 4'" Quarter Sept-Oct-Nav November December 25. TTMB PERIOD: 1 Qtr % 2Qtr 3Qh 4Qtr 2010 1. TOTALPARICTNG FEES FROM ALL OCCUPANCIES ..... ~ ) y k a~, `! 4 3.5 6 2, ALLOWABLE DEDUCTIONS: a. Any person who is beyond Wapowsr oP theClTy to impose the 4vx herein provided (mustprovide approved CeAiticata of Exemption) ................................................ b. Other {sPecity and attach explanation) ......:......................... Less total elib~rahla dedueaens .................................................................. 3, T.OTALTAXABLEPARKINGFEES(I.IlVE#1#2) ............. ` 4. PARKING TAX DUE (10% OF LINE #3) ......................... S. PENAL'T'IES (10% EACH MONTH PAST DELINQUENT DATE) 6. INTEREST(PERTREASURER'SOFFICE} ........................ 2?, A Y 3.5(, 1 Y1,74k.4;m 7. TOTAL PARKING TAX AND FEES DUB AND PAYAELE .... ! '~ ~ ~ 4 Y. 4 a •~i~~a~~~.~~~~a~~a~~~~~aaa~~u ~~~~a~»ae~a~~a~.r. •.r •a~•Mr~~r~a~a~~~s~a~e~, I declare, under penalty of pe[Jury under the laws of the Stake of Catifomia that to the best of mp knowledge the fo[egoing is [[ue end cortecC / business Name Slanda[d Parkine Cotgoration Date ~ l Z 3 II a 1055 W. 7°i SkeetSuite 1500 Mailing Address Ins Aneeles CA 96077 Daytime Phone 213-488-3184 William McClelland j_/ A.~ Conia~tte DitectorR aio al Accountine Signature y" /U/ /~T Parking I.ocadon Address 24a1 Colorado Blvd. 82b(}5 81618 21605 32 331.54 81619 21605 1,189.74 81820 -21606 9322.67 81621 21605 1 298.77 _ 81622 21805 65.35 81623 21605 373,44 81824 21605 12 438.18 •81625 21648 827.b3 81826 21845 105.96 81827 21805 15,151.14 81628 21805 66.87 81629 21605 6 877.81 81630 2'1605 5 026.20 81631 2184b 7 330.84 81632 21805 4,199.48 81633 21645 4,442.76 _ YARtN IW8'lRUCIiONEt BANK OF AMERICA 30024 61221 10.00 A9AINMBER 12100as58 00003 69221 10.00 PAYMENT OPTIONS: INVOICE TOTAL $ 401,689.30 s DISCOUNT or NET AMOUNT ,$ 401 689.30 THIS IS NOT A CHEC}( REQUEST p0 NOT PAY WITH CHECK BU9W1ieG BY Bill McClelland OAiE 6121!2010 APPROVA! S ci. ~~ , of S . w. ~.-sx-s ® Standard Parktng° VIlire Transfer Request LOCA1WNhW61BEft pt14OA%O%1o OION IBIrt SIAR:W PInIDSan AIQYM/YEAR ItNOW9 PATC n11C bA18 &/3112070 6!28/2090 GlTY OF SANTA MONICA STflEELA00RE98 1fi81i MAIN STREET BStlOR:ciW%BFR 3M TAX02Q70 ~ ~ ~ 41778 21805 1 781.82 ROOM 104 80018 21605 6,327.97 SANTA MONiCA 80127 21805 2 716.84 BTAiF ZIP~~ CA 90401 $0314 21605 8,204.8$ W1121NG iNSTaucmows: ~ ~ 80473 ~ 21805 760.38 AuGOUNf%AME CITY OP SANTA MONICA 80514 21605 1 834.18 AOCaU1iTNlIH6Bi 14316.812b7 80515 21606 486.73 80897 21805 11 931.46 40897 21605 1 478.18 40863 21605 89.46 i 5,890.56 i 2,924.45 i 403.55 i 19 291.55 i 2A47.07 i 273.82 i 8 879.43 ~ • 1 633.41 i 20.77 i ~ 5 142 744.40 21 992. y 18,036.89 5 16 307.48 5 10 948.51 5 14992.27 5 476.23 5 4,1$2.69 5 17.93 CTTY OF SANTA MONICA OFFICE OF THB CITY "TREASURER ' P.O. Box 2200, Santa Monica, CA 90407-2200 The tax rate is 10°l° of taxable narking fees REPORTING PERIODS: Due Last Delinquen# if carters Months Covered Dav of Not Paid By 1"Quarter Dec-Jaa Feb February Mazch 25 2'~ Quarter March-April-May May Tune 25 3`s Quarter Tune-7uly-Ang August Sep#ember 25 4'h Quarter Sept-Oct Nav November December 25 17MEPERIOD: 1Qtr 2Qtr X 3Qtr 4Qtr 2010 I : TOTAL PARKING FEES FROM ALL OCC[JPANCPdS ..... ~, b ~ 8 r 3 o y. o~' 2. ALLOWABLE DEDUCTIONS: a. Aay person who is treyond the power of the City to impose Ne taxherein provided (mmtprovide approved Catiticate of Exearption) ................................................ b. Other(specifyand anaah exptaaation) ................................ Less total allowabte deducdons .............................................~.....,.. ~........... 3. TOTAL TAXABLEPA'RKINGFEES(LINE #1 #2} ..........:.. 4. PARKING TAX DUE {10% OF LINB #3) ......................... 5. PENALTIES{10%EACIIMONT$PASTDELINQUENTDATE) 6. 1NTEItES"I' (PERTREASiIRER'S OFFKE) ........................ 7. TOTAL PARKING TAX AND FEES DUE AND PAYAELE .... 1 6_~ y.dr t 6 Z, 83 r~. 4 r /b ? 8'3o,v~F •rrssr.r.rrrr•urss•ssrsas•urrsrsa.sssssrr ur»rs s.sss.a usr. •rr a. s..r~ I declare, under penalty of perjury under the laws of the Stara of Catifomia that to the best of my knowledge the foregoing is true and correct Business Name a d ark'pg>;`~giporation Date 5 ~2 ~ 1~ ~ i055 W. 'Street Suite 1500 Mailing Address Los Aneetes, CA 9001'7 Daytime Phone 213.488-3184 William McClelland ' / , ,~q "~~ ~" ContavVl itle .Director Reafonal Aceovntin¢ Signature (/ / ~ Parking 4ACa[lon Address 2401 Colorado Blvd. 81fi05 { 1 I standard Park3,>!g 3 t Wire Transfer Request -- OSLIOAnON N)(~ord renE PaYmeA~s -nh~): IAGTKKI NUMBQt 3fMT.A MONTH7YEAR UA101CEOATE --E-ATS 8131!2010 9f2512U10 veNnmxAraN CITY OF SANTA MONICA - STAEPTA--RkS9 168ri MAIN STREET INVq-SNUNNEN SM 7kiC 03Q 10 a . a 41776 21805 477.27 ROOM 104 80018 21605 7,084.57 SANTA MONICA $0127 21605 2,403.46 STALE 21P GO-N CA 90401 80374 21605 8,099.63 wlwr~~tNSTRUSSharts: 80473 21605 549.82 A-O-UNTNAME CITY of SANTA MONICA 80514 21805 3,279.09 A-C-LNTNUtdBai 14316-81257 80515 21605 333.73 80897 21605 12 462.99 ' 40697 21605 1378.55 40863 21fi05 1.34.18 40970 21605 2 983.36 81083 21805 386,36 81106 21605 24,175.47 $1107 21605 3 018.53 81302 21605 304.77 81323 21605 7,923.fi1 81330 21605 2,039.14 81883 21605 1,249.27- 81903 546 78 . ~--' ~' $1605 21605• 162,830.41 81606 21605 98.24 81608 21605 21,752.55 81809 21805 15,843,36 81610 21605 11388.84 81607 21605 1fi 853.59 1 i $161$ 21808 20p.27 81616 21605 5,206.89 81617 21605 17.76 81618 21605 33128.17 81619 21605 1,252.88 81620 21605 ~" . ~ 1 026.27 81621 21805 1 319.17 81622 21605 159.29 81623 21605 388.33 81624 21645 9 751.92 _ 81625 21605 1,189.45 81626 21605 114.75 81627 21805 18,383.02 _ 81628 21605 68.74 81629 21605 6,283.37 • 81630 21605 4,999.27 81831 21605 10862.86 81832 21$05 1,820.25 ' 81633 21605 3,749.41 4YI Wmm Me7RUGTioNS: BANK OF AMERICA 30024 51221 10.00 neaxummers 121DD0358 Op003 51221 (10.00 PAYMENT OPTIONS: INVOICE TOTAL $ .421 279.48 DISCOUNT' m~ NET AMOUNT $ 421,279.46 7HIS IS NOT A CHECK REQUEST` DO NOT PAY WITH CHECK suemmmmr Bill McClelland nay 2 APPROVALS CITY OF SANTA MONICA OFFICE OF THE CITY TREASIJRER P,O. Box 220Q Santa Monica, CA 90407-2200 ?71e tax rate is 10°/a of taxable paz~ne fees. REPORTING PERIODS: a Last Delinouent if attars Months Covered Dav of Not Paid By 1" Quarter Dec-Jan-Feb Febntazy March 25 2nd Quarter March-April-May May June 25 3rd Quarter June-July-Aug August September 25 4d' Quarter Sept-Oct-Nov November December 25 TIME PERIOD; 1Qtr 2Qtr 3Qtr X 4Qt1 2010 15~O~t33 ,IS 1, TOTAL PARKING FEES FROM ALL OCCUPANCIES ..... ~ 2. ALLOWABLE DEDUCTIONS: a. My person who h beyond the power oP Me Ciry to impese the tax dereln provided (must provide approved Cerdfiaata oP PatamPdon} ............................................... b. COter(speclty end atnrchexplaoadon) ................................ t Less total atlowabte deduodons .....................................................:.........:.. (_ ~ 5~~~ 33' 1~ 3. TOTAL TAXABLEPARRING FEES (LINE #I #2) ............. ~SJ ~~ ~3 , ~ r~ 4. PAIjKING TAX DUB (105'o OF LINE #3) ......................... 5. PENAI.TIES(10%EACHMONTHPASTD.BLINQUENTDATE) E 6. INI'II2EST(PERTRBASURER'SOFFIG'E)• ....................... 3a' ~~J~O~3 ~ 7. TOTAL PARKIlVG TAX AND FEES DUB AND PAYABLE .... ' i fY aY YYYYw[[[I~YY[~[IyYYYIYY[[[www~•Yal,1,Y1,•[wll[[Ywwww ~[YYYY~t1111Y~YY twa11, i S declare, under penalty of perjury under the laws of the State of Ce(ifornia that to the hest of my ~ knowledge the foregoing is true and correct. i A 1 ?'~ 7-J l! ° ate I business Name Standard Parkins Coenorepon - ~' Stree[SufSe 1500 1055 W. 7 Mailingltddress , I.os Angeles CA9 017 Daytime Phone i 213-4$$-3184 t William McClelland ~/ / Contactflida DiredorReaional Aaoundna Signature ~ Y~L1..+! Packing Location Address 2401 COloradoBlvd. 81605 81617 29605 20.17 81618 21605 9.8,478.35 81619 21605 1191,46 81620 21&05 753.60 61621 21605 1,556,77 81622 21605 153,65 81623 21605 359.78 81824 21605 9 290.03 81625 21605 595.88 81626 21605 105,56 81627 21606 15 810.08 61628 21605 63.24 81629 21605 5 744.99 81630 21605 6,326,91 81631 21605 91 641,14 81632 21606 2637.79 81833 21605 3,948.14 30024 51221 mruxoixsmucnoxs~ BANK OF AMERICA 30024 51221 .10,00 asaxuweex 121000358 00003 51221 10.00 PAYMENT OPTIONS: INVOICE TO'T'AL $ 393 203,49 DISCOUNT ®va~ NET AMOUNT $ 393 203.49 THIS IS NOT A CHECK REQUEST O NOT PAY WITH CHECK SUBAxFiE08Y Bitl PAcCtellantl UAR 2 ~d~ d ' APPRUVAL 5 ® Sfandara( ParkPng° Wire Transfer Request LOCA7fOMpVMpUR 081.{DAT[ON ID EpUippl LBII[ 87MT:W U nib pn A10lIfHiYE•4t INYOIGe PATE WEpATE 11/80(2010 1212612010 YeN0UR N0.NE CITY OP SANTA MONICA fi7pEfiTA0ppE58 PO Box 2200 INVQpENUIdeeR SM TAX 04Q 1 • • 80016 0 • • 21805 6 371.69 80127 21605 2,886,73 SANTA MONICA 80314 21805 8 199.14 STATE aP pppE CA 80407 80473 21605 1,082.88 w~INO ins~ucT~oms: 80514 21805 2,154.18 AccpnxTNAAIe CITY OF SANTA MONICA 80515 21805 407.73 An00llNTNV61pfiR 14318.81257 80697 21605 10 748.92 40697 21605 1 142.73 40$63 21605 134.18 40970. 21605 2,968.00 81083 21605 346.82 81106 21605 18 312.04 81107 21605 2042.84 .81342 21605 314.27 81323 21605 7,570.55 81330 21605 1703.18 ' 81883 21605 3 868,50 """-"~' 81903 1805 81806 21805 21605 21806 883.84 158 043.32 2 58.46 81608 21805 19 847.82 81609 21805 13 956.38 81610 21606 9 866.89 81607 21805 12,641,53 81616 21605 205.35 ' 81616 21805 4,382.01 CITY OF SANTA MONICA OFFICE flF THS CITY 'TREASURER P.O. Box 2200, Santa Morrica, CA 90407-2200 The fax rate is 10°/a of taxable narkin¢ fees laxters Iat Quarter 2'a Quarter 3'a Quarter 4ih Quarter TIl4iE PERIOD: Due Last Delinquent if Montbs Covered Dav ofof Not Paid By Dec-Ian-Feb February March 25 March-April-May May Tune 25 June-3uly--Aug August September 25 Sept-Oct-Nov November December 25 1Qtr 2Qtr 3Qtr 4Qtr 201 I. TOTAL' PARK]G FEES FROM ALL OCCUPANCIES ..... ~ ~~.L}_0 8 $, 8 3 2. ALLOWABLE DEDUCTIONS: a. Any person who is beyond the power of the City to unpese the tsx hraem provided (mustprovida approved . Cadfisala of Exemptiw} ................................................ b. Uthu(specify and attach explanadon} ..:............................. Leas total allowable deductiom .................................................................. ( } 3. TOTAL TAXABLE PARKING FEES (LINE #1 #2) ............. ? ,t ~ 9 /f 0 ~ ff . 83 4. PARKING TAX DUE {10% OF LINE #3) ................ ....:. ... ~~ q $ . 68 S, PENALTIES(10°/aEACHMONT$FASTDELINQUBNTDATI3) b. II~PTEREST (PER TREASURER'S OFFICE) ........................ 7. TOTAL PARKING TAX AND FEES DUE AND PAYABLE ., .. _! ~ 9 /a 8.38 •YY11111Yi1\YY1YYiliI YYYYI YY YYYtYYftYtt Yf l1t11YYYY11llYl11Y ll1lillY IYIYYlY11 I declare, tinder penalty of perjt¢y under the ]aws of the State of California that to the best of my Imvwledgo Ota foregoing is hue and rnrreok Bvaincst Name Staadz*dParkine Corporation Data 3/y y~yy 1055 W. 7°i Street Suite 1500 Mm'ting Address i aa*++•eles CA 90017 Daytime Phone 2 3 3118 8-3 1 84 W$liam McClelland CoptacNl'itle DiredorReeionat Aeeouning_ Signature V" p~ Parking Location Address 2401 Colorado Blvd. 605 Standard Parking° 1Mire Transfer Request iocnr~momert oeuc3nTamm renmam rent mom arMSie ewNtx~T~nn - ~~~2128t2011 c 3/2b/2011 CROF SANTA MONlCA 8m@eTlleg9eee ' FO 8vx 2200 RN91VeNVABflR SM TAX 01Q ~ 80016 11 e e 21805 6 980.09 80127 21805 3 020.A1 SANTA MONICA 80314 218(?5 7,664.36 BTATR 3iP000%' CA 90407 80514 21605 2,064,18 WIRING 1N37RUCTIONB: $0515 21805 384.64 necouxTwprne CITY OF SANTA MONICA 80697 21605 11 897.56 A0VVVIITNVAI9EV. 94396-81257 40697 21806 1,093.38 40863 21805 134.18 40970 21806 3 099.00 81083 21605 377.27 61106 21608 19046.06 81107 21805 2 217.06 81302 21805 355.14 81323 21805 7 095.19 8133D 21605 1,688.96 81883 29605 4 076.82 363.84 ~ 81605 2160b 179,108.88 81 21805 24 388.94 81808 21805 20,682.84 81609 21605 19,849.86 81810 21805 10 312.82 81607 21605 15 312.85 81615 21605 350.18 8'1816 21605 4 276.26 81617 21805 19.05 81618 21605 19431.93 81619 21805 1 243.33 81820 21605 1 858.77 81821 21805 1 823.84 81822 21605 64.69 81623 .21605 369.97 81624 21605 8 970.73 81625 21605 933,20 ' 81626 21805 108.84 81627 21605 17,038,21 81628 21805 65.20 61629 21605 5 279.02 81630 21605 5 480.14 81639 21605 11 777.70 81632 21605 2 647.73 81633 21805 2834.65 WMiEB1MBTIWBBON9: BANK O~ AMERICA 30024 51221 10.00 ABA EWAOBR 121000368 00003 51221 10.00 PAYMENT OPTIONS: INVOICE TOTA 425127.15 DISCOUNT NET AMOUNT $ 425,127.15 THIS IS NOT A CHECK REQUEST DO NOT PAY WITH CHECK ' BYEMB7E0 BY BN McCleliand DATE APPROVAL S ,~ "-"?x - o rn a C ]'S .,.t ee ~"-nv i~ .. n. ., ,. 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W ~. a(~ ..... ~ ..___ ... _ ~ ~. n ~..~ _. 111 .. _ .._._ . ®.. _ _ . <. _. _.. .._ .,r._ ~ FTh't ~ ~ .re 1 ~r •. __ ,~ _~~~ ~ ~, r+: uaapl!u~ oo~ uaapl!uJ oo~ o ~ _ ~ ,~~~z ~ ; ~, t N To i ~`" }` 2p `$1 'a ~ ~ 4& a~ E3 w f6 ~ s '~l ~ ~r 4 ~ ~ ?. ~` xS.l "a y. A~ ~ e~~ t a z. v a u~ ,~ rs ~ Q C ~'" ~.4. ~~ ~~ s,~~ ~ ., ~ 3 . ~~~~ ' ~ ' w~~ir~n~arr~~a ~.lr , i ~ R a a i ~ ~1 st, ~ 1 } . {v it vY .SK ti .~~ f ~ ~:.fc~J'.~t+ i .. .' ~ x `t ar „§ c r... ~ > i ~i ~ ~~ 4~~~~~ a a,`~ ~ °~ ' ~ ,~ 3~* 2R `may\} \ ~l 1 ~°§ °- ~ ~ ~. n.. ~ w~i ~~~~ y~ 4 ~Tfi '~ a €" ~' ~ ' _ ~ ~ .a , ~p ~~ ~ ~ 133N1SHlh b LT~~ -~4 06/14/2011 Shared Parking ° LUCE - No net new p.m. peak hour trips ° LUCE-Shared Parking Policies "Utilize parking and TDM Districts to facilitate efficieni use of parking resources, shared and reduced parking opportunities, and trip reduction. goals." (LUCE Citywide Land Use Policy LU4.8, p. 2.1-14) "If the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the needs of their various users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." (LUCE Circulation Policy T26.11, p. 4.0-73) 06/14/2011 .~ _,_;~s t a;,~_:,_ Project Overview - 5th Amendment to Development Agreement • Revise base parking ratio for office use • Proposed: 1 space per 500 SF (current: 1 space per 322 SF) • Parking study provided • AuthorizeJeasing of up to 1,OS3 parking spaces to non-tenants • Must maintain sufficient parking for on-site tenant peak demand • Implement Transportation Demand Management (TDM) Plan • Measures to reduce single vehicle trips & parking demand 2 06/14/2011 Key Findings for Council's Discussion • Amendment is an opportunity to begin implementation of LUCE shared parking goals and policies. • Shared use of 1,053 privately-owned parking spaces: assist with more efficient management of existing parking on anarea-wide basis. • Shared use of parking: conservation of resources and reduction of construction-related neighborhood impacts. Proposed parking demand formulae are appropriate for current and future uses at the site. Required TDM Plan implements LUCE policies by reducing vehicle trips and associated parking demand. Background - Froject site C-S (Special Office) Zoning District • Office Campus LUCE Land Use Designation • Full City block 650,000 SF parcel area Surrounding uses: Office park development, residential neighborhoods, commercial/services ~ ° : s v, *,; : `; u. s 3 06/14/2011 4 06/14/2011 Yahca Cer;,yzr ~-..-r...r.d'neni. Background -Original DevelopmentAgreement • Original Development Agreement approved: 1981 • Amended four times, last in 1987 Mixed-use office park: 1 Million sF in 6 buildings • General office $2,652,909 contribution to City's • Public park Affordable Housing fund Community room 51 affordable housing units constructed • Restaurants Off-site traffic signal, street lighting, and • Retail/services turn lane improvements Health club Child care facility 3,086 parking spaces in subterranean garage Current DA parking requirements approved: 1987 • Parking demand study established ratios for uses on site • Previous revision to parking requirement with 1983 1st Amendment Planning Commission's May 18th Recommendation • Recognize LUCE supports shared parking programs • Recommend Council not approve unless five items are .addressed: • AVR intrease with Light Rail • Verify payment of parking taxes Baseline AVR data Cite applicability of administrative penalties Financial analysis of revenue generated from leasing tonon-tenants 5 06/14/2011 ,aiv r, Ce^te. ~. "_-~e7drnzn;: Planning Commission's May 18fh Recommendation a Recommended Council also require the following: ° Provide signage: free parking for park users weekends/holidays • Restrict auta delivery on residential streets ~ during peak hours ° -Require tenant ratification: no emplayeeparking in neighborhood ° Hast annual neighborhood meeting to discuss compliance - ° Increase an-site bicycle parking • Expand scope of TMR to other businesses in area • Require off-site parties who lease parking to participate in TDM measures Yohoo Center Parking Study • Tenant Occupancy • 1,024,074 SF of floor area • = 685,000 SF occupied • =339,000 SF vacant/underutilized • Parking Space Leases Tenant Leases: 3,010 spaces (incl. 640 spaces for health club) Non-Tenant Leases: 1,053 spaces (643 to nearby entities & 410 to auto dealers} • Total leases: 4,063 spaces ° Common practice to over-subscribe parking facility when usage patterns show not all lessees are on site at the same time 6 06/14/2011 Parking Counts & Peak Parking Utiiiiation • Parking Observations ° Parking counts conducted. December 1-2, 2010 Hourly observations 9:00 AM to 5:00 PM ® Peak parking utilization: Wednesday • 2,295 spaces occupied at 12:00 PM ° 74% of total supply • 791 space surplus Comparison of Current ~ Proposed Parking Requirement • Current DA Parking Ratios (nose) • Office: 1 space f 322 SF • Current DA Parking Requirement for Occupied Tenant Space • 2,087 parking spaces • Adjusted Parking Demand Observed for Occupied Tenant Space Adjusted parking demand for occupied tenant: -1,347 spaces ° Surplus: = 740 spaces 7 06/14/ZOli Forecast Peak Parking Demand -Full ®ccuoancy Conditions ® forecast Full-Occupancy Conditions: ° Full occupancy of tenant space (5% vacancy rate) 1 space/500 SF of office floor areaapplied to vacant office ° Leasing up to 1,053 spaces to non-tenants Sufficient Spaces for Forecast Full-Occupancy Parking Demand: ° 2,991 spaces at the 11:00 AM peak hour Urban Land Institute & Institute of Traffic Engineers Guidance • As Office Building Size Increases, Parking Demand Decreases ° Recommend sliding scale for base parking ratios for office development ° ULI published observation data: weekday office use Suburban setting ..............................0.86-5.58 spaces/1,000 SF Urban setting ................................... 1.46 - 3.43 spaces/1,000 SF Yahoo Proposal: 2.0 spaces/1,000 SF ° Yahoo Center consistent with ULI observation of urban office use / Yahoo Center's current TDM measures +expanded TDM requirement / Enhanced transit and bicycle network andtelecommuting ULI ~ ITE: emphasize preparation of site-specific studies 8 06/14/2011 Measures to Reduce Neighborhood Spillover • Current DA requirements ° Tenants validate parking for visitors • Public Park and community room visitors receive validated parking ° Large events must include free parking Preferential Parking Zones in Surrounding Residential Areas ~~ A' . ~ ~ ~._ ~ ~ ~ l ~ ..~ ' ~~' ,. ~~„~ ~,. ~ ." - ~a~._~ ~~.:.v. _:... _. ,_~,,~ General Plan Consistency • Amendment Reflects LUCE Principles & Strategies ° Transportation Demand Management Strategy / Vehicle trip reduction / Strengthen TDM Plans / Incentivize trip reduction / Create Transportation Management~Associations (TMA) • Parking Management Strategy / Shared Parking Programs / Efficient use of parking resources / Adjust parking requirements when supported by study / Share surplus commercial parking when supported by study 9 06/14/2011 Summary of Key Amendment Sections ° Section 1a. Parking • Base Parking Ratio for Office: 1 space/500 SF of floorarea • Lease up to 1,053 spaces to non-tenants; parking must be available to meet peak demand of tenants • Provide unlimited parking on evenings, weekends & holidays forspecial events • Monitoring and reporting requirements t ~ v .amp r ~ ,,dr es=' Summary of Key Amendment Sections ® Section 1b. Transportation Demand Management Program • Facility-Wide TDM Plan {all employers on site) • Requirements and incentives apply to a1130 tenants- not just the 7 large firms (50+ employees) • Establish Transportation Management Association (TMA) • Survey all employees to establish baseline AVR • 1.5 AVR target for entire site [current ava 13d] ° Transit information center/website • Parking cash-out program ° Guaranteed tide home program Additional bicycle parking 10 06/14/2011 Periodic Monitoring and Reporting m Demonstrate Parking is Available to Meet Peak On-Site Tenant Demand ° Maintain list of floor area and parking spaces required for each use ° Maintain list of spaces leased to non-tenants • Notify City of changes of use within ten days • Provide documentation annually ° Annual DA Monitoring • All provisions including AVR targets • May require additional measures if needed, transit suhsidies or shuttles Public Comments ° Significant traffic in area Leasing will reduce parking for on-site employees • Yahoo Center Amendment should be considered in context of separate, pending Saint John's Amendment Concern about DA compliance: parking provisions ° Off-site parties should be required to park on 3ra level Support for project; consistent with LUCE Data on revenue from leasing should be made available 11 06/14/2011 P~r1'_+3 L^c l'~}.'-.f J. :=~.~?ic$}q YSicliL Recommendation • Recommend Council approve 5th Amendment to Development Agreement Sufficient parking available: tenant peak demand &non-tenant leases 1/500 ratio reflects actual usage patterns Shared use of parking facility is a benefit that implements LUCE Facilitates resource conservation: more efficient use of existing parking 12 06/14/2011 Purpose of Tonight's Meeting • Review of work efforts completed on the Bergamot Transit Village • Preview upcoming phase: Art Center, planning studies/analysis and community outreach • Receive Council input on the direction of the Plan and the Bergamot Arts Center and Creative Economy 1 06/14/2011 WHY PLAN THE BERGAMOT AREA? Piscusslononthe~ndustriaiLands WHAT WE HEARD DURING THE LUCE PROCESS ° Lack of a street grid. Large superblocks inhibit circulation and access ° Piecemeal development eroding character of area ® Large scale proposals -not transit oriented, and include no open space or retail ® Lack of neighborhood environment - no community amenities Increased speculative development pressure THE LUCE VISION FOR THE BERGAMOT AREA Create ahigh-quality, mixed-use creative arts/entertainment transit village centered around the new Expo Light Rail station ° Transform from industrial to mixed- use. ° Reduce Congestion by creating connections for pedestrians, bicyclists and vehicles -new roads and pathways ° Focus on the Arts and .enhancing the creative economy ° Enhance Expo Station Access ° Create a complete neighborhood and establish an urban transit village LUCE Vision for the Bergamot Area 2 Expo Light Rail Station 06/14/2011 THE LUCE RECOMMENDED AN AREA Implementing the LUCE tom' .... -&~ .. PLAN TO ADDRESS: ~`~ ~ ' z rv "~ The Creation of an Urban Transit Village ® Land Uses -location and mix of residential, commercial, retail, entertainment open space, creative e Circulation -create walkable blocks for pedestrians, bicycles, vehicles and transit Publicly accessible open space m Urban Form and Scale - Streetwalls/Facades, Stepbacks, Articulatioh, Skyline Variety, Ground Floor Quality THE LUCE RECOMMENDED AN AREA PLAN TO ADDRESS: m Area wide parking district -consolidated and shared parking facilities to encourage "park once" environment m Community Benefits -priorities to enhance the existing and new neighborhoods and the Village m Area wide infrastructure planning - location of roads, cost responsibilities, maintenance Coordinated Implementation - Sequencing for balanced public/private creation of transportation, amenities and infrastructure 3 Bergamot Area Plan 06/14/2011 WHY THE TIMING IS CRITICAL THE EXPO IS ARRIVING AT BERGAMOT STATION IN 2015 -4,500 Projected Daily Riders! ° Opportunity: convert auto trips into transit use. Move toward No Net New Trips goal ° Responsibility: reduce greenhouse gas emissions • Potential model for sustainable land use and transportation planning HOW THE BERGAMOT AREA PLAN IS UNIQUE AND EXCITING ® Innovative: recognized by Housing and Urban Development Department (HUD) as a replicable model for sustainable, integrated. planning. Awarded coveted grant funding. ° Grant linked to National Endowment for the Arts -focus on building the Creative Economy • Collaborative Effort: PCD and CCS ° Partners in grant writing and planning process for area's creative and cultural future Rail 4 06/14/2011 THE BERGAMOT AREA PLAN ENCOMPASSES 140 ACRES Includes three sub-areas for planning purposes The Bergamot Transit Village • Bergamot Art Center and a New Creative Economy The Mixed-Use Creative District 5 06/14/2011 TRANSIT VILLAGE WORKSHOP - FEBRUARY 17T" Over 160 residents, artists, stakeholders and members of the business community • Discussion on key elements to support an "Urban Transit Village" • Strong Community support for: ® Social: a sense of place and authenticity, opportunities for gathering and interaction, a feeling of safety and communal support. Physical: walkable blocks, connections, compact and human- scale development, high-quality design with Santa Monica flavor. 6 06/14/2011 A Pedestrian-Oriented Neighborhood: diversity of ground floor uses, wide sidewalks and street furnishings, good connections • Comfortable and safe walking environment e_ Active pedestrian scaled retail and storefronis A center ofCommunity Life and Activity: public open spaces and points of community focus • Community public spaces and meeting places Unique uses compatible with Bergamot s character . Mix of resident, employee and visitor uses TRANSIT VILLAGE PRINCIPLES STRONG COMMUNITY SUPPORT. Reduce perception of mass and scale • People-scaled buildings and environments .Walkable block sizes: block lengths _ consistent with typical Santa Monica grid Connections and pathways to key destinations a Complete green Sfreefs: designed for all users, landscaped and water-wise Urban Village Principles will serve as basis for design guidelines and standards, and for evaluating future development proposals. 7 06/14/2011 THE STRATEGY CONSOLIDATE SURFACE PARKING TO CREATE NEW ROADS and PATHWAYS 50% of Transit Village Land Area is Surface Parking ® Approximately 1200 surtace parking spaces cover about 8 acres ® Moving parking into centralized facility permits for new streets -with or without redevelopment THE STRATEGY NEW ROADS PROVIDE ACCESS, CREATE VALUE & MITIGATE TRAFFIC ® Access -direct pedestrian and bicycle connections to Expo ® Walkable Bloi:ks -reduces large industrial superblocks ® Value Creation -New frontage creates visibility and access which enhances the value ® Disperses Traffic 8 06/14/2011 THE STRATEGY PREFERRED LOCATIONS OF NEW INTERSECTIONS CONVERTING OLYMPIC TO URBAN BOULEVARD Critical new intersection locations for pedestrians and bikes • Address increase in pedestrians and bicyclists using new streets Provide "front door" to Bergamot Art Center and new Expo station • Walkable urban block size and vehicle flows to/from Olympic THE STRATEGY OPEN SPACE PROVIDES FRAMEWORK FOR BUILDINGS & STREETS ® Green Streets -living rooms of the City. Safe, walkable and bikeable ® Flexible Public Spaces - adaptable to special events like festivals and farmers markets Community Places -design buildings and streets around open space 9 06/14/2011 10 06/14/2011 11 06/14/2011 INVOLVEMENT OF PROPERTY OWNERS IN THE PLANNING PROCESS Initial meetings with Bergamot Transit Village property owners and/or representativesto: a Discuss the LUCE and its vision for the District Generate interest in participating in shaping the area's future Evaluate potential for shared parking, open space new roads, and other community benefits INVOLVEMENT OF PROPERTY OWNERS IN THE PLANNING PROCESS ® Very positive reaction to change in land use designation e Interest in centralized shared parking facilities Willingness to move forward with City and the community to shape the area's future 12 06/14/2011. NEXT STEPS SHARED PARKING STUDY AND TOD POLICIES Assess Future Parking Need and Requirements for Transit Village • Identify Shared Parking Locations • Identify Management Options for Parking District: Public, Private or Public/Private EXPO COORDINATION ® Side Platform-access to Bergamot Art Center • Coordinate private development to ensure optimal access to transit NEXT STEPS URBAN FORM AND SCALE • Refine Urban Village principles into guidelines and standards for Bergamot Transit Village and Mixed-Use Creative INFRASTRUCTURE AND UTILITIES ® Determine cost, constructions responsibility and ownership of new roads, pathways and sidewalks • Assess area-wide requirements for water, sewer, gas, electric and fiber optic • Determine location for utilities and how they are managed 13 06/14/2011 NEXT STEPS ECONOMIC FEASIBILITY AND COMMUNITY BENEFIT ANALYSIS Housing and Creative Office: determine market absorption @ Integration of the Arts: identify tools to subsidize orendow artist spaces throughout entire planning area ® Community Benefits: pro forma analysis on priority benefits fair share fees for infrastructure enhancements Bergamot Art Center and the Creative Economy Preview of CJpcoming fanning Efforts 14 06/14/2011 UPCOMING PHASE 2: Defining a vision for the Creative Economy centered at Bergamot BERGAMOT ART CENTER • 6.9 total acres. Combination of public and private ownership • City-owned portion purchased with rail reserve funds ih 1989 Managed by master lessee (private) ° So, Cal's largest art gallery complex and the center of Santa Monica's creative base • 30+fine art galleries • Santa Monica Museum of Art • 500,000+Annual Visitors • SITE OF FUTURE EXPOSITION LIGHT RAIL STATION -anew "front door". for bergamot UPCOMING PHASE 2: Defining a vision for the Creative Economy centered at Bergamot ISSUES AND TRENDS ® INCREASING LAND VALUE: rising land values with Expo implementation • ISOLATED AND VUNERABLE: encroachment of incompatible higher-rent' land uses. Only accessible from Michigan and 26t" (one way) OPPORTUNITIES ° Art Center: reaffirm as important component of City's cultural landscape. • Define economically sustainable future • Consider other uses to subsidize BAC - • Planning Area: build off of Bergamot Art Centers success to infuse Transit Village and Mixed-Use Creative District with similar uses 15 06/14/2011 UPCOMING PHASE 2: Defining a vision for the Creative Economy centered at Bergamot LOOKING AT PRECEDENTS AND EXAMPLES e Torpedo Factory: former munitions factory and storage. Purchased by City of Alexandria and renovated into successful art center. 500K+ annual visitors. ® The Tannery: live/work artist development in Santa Cruz. Ground lease to non-profit Art Center developer. ® Liberty Station: former naval training center, now mixed-use community. City of San Diego-led RFP process for redevelopment of 361 acre site. m Granville Island: former Vancouver industrial site, now art and commercial center attracting millions of visitors. UPCOMING PHASE 2: Defining a vision for the Creative Economy centered at Bergamot COMMUNITY WORKSHOP - JULY 13T" AT PIER 59 STUDIOS ® Define art/cultural uses that add to the vitality of the existing art center, and which could provide revenue to endow critical art/cultural facilities and operations ® Explore national and international precedents that could serve as a model for the Bergamot Arts Center ®" Examine methods to enhance presence of the creative sector in the Bergamot Transit Village and Mixed- Use Creative Districts 16 06/14/2011 17 YAHOO CENTER DEVELOPMENT AGREEMENT AMENDMENT ISSUES June 10, 2011 1. Can the Development Agreement alone allow a deviation from the City's standard parking requirement for office uses of 1 space per 300 square feet, or is a reduced pazking permit, variance, text amendment, or other entitlement also required? Typically, a Development Agreement only serves to lock in the zoning regulations in effect at the time of approval of the Development Agreement (or amendment thereto), but may not in and of itself authorize a zoning change or deviation from zoning standazds. The project needs to request an additional entitlement to reduce the parking ratio for the Yahoo Center and follow the City-mandated process. 2. Does the parking study reflect the correct area of the Yahoo Center? According to the Equity Office website for the Yahoo Center, it has an area of 1,185,120 square feet. However, the parking study assumes a building area of only 1,024,074 square feet, a difference of 161,046 squaze feet. Has the parking study improperly undercounted the amount of building area and therefore underestimated the actual parking demand? The parking analysis and any proposed pazking rates should reflect the full occupancy of 1,185,120 square feet. 3. Do the pazking demand counts actually reflect a time when the parking utilization was at its peak? The parking demand counts were taken on December 1~` and 2°d, 2010. Typically, counts taken during the period between Thanksgiving and New Year's Day do not reflect the worst case scenario due to vacations, holiday activities, etc. The pazking study should be revised to account for typical parking utilization for the site during non-holiday times. Further, pazking counts should be taken at different times during the day to better understand the utilization of pazking spaces on-site. 4. What is the likely impact of pazking on the surrounding streets and within the surrounding neighborhoods, as a result of the proposed amendment that provides that there be no mandated free parking at the Yahoo Center? This potentially significant impact is not evaluated in the pazking study. If employees who currently pazk onsite for free are now faced with a significant charge for pazking, it is likely that many will look elsewhere, including within the surrounding areas, for other less expensive or illegal parking options. This potentially significant impact must be fully evaluated. 5. How can the proposal be determined to be "Categorically Exempt" from the California Environmental Quality Act (CEQA) when the proposed action would involve several thousand vehicle trips per day that would not otherwise occur but for the proposed Amendment? The. potentially significant impacts associated with the off-site parking arrangements need to be fully evaluated. A complete evaluation of the environmental impacts resulting from all of this additional traffic and related noise, air quality, and other environmental effects must be undertaken before further consideration of this Amendment. :Any project approval should condition/regulate the leasing of parking spaces for off-site uses. This condition/regulation should at a minimum provide the public with an. opportunity to review each lease proposed and the operational restrictions on parking usage, vehicle trips, shuttles, and other limitations to avoid/minimize impacts to the surrounding community. The conditions and analyses should also account for the parking demands associated with the park and dedicate a number of spaces for that use. ~ http://www.equityoffice.com/propertyprofile.asp?portfolioid=888072 6. Has the pazking analysis been properly prepared? The pazking analysis indicates that the assumed "full occupancy" is only 95% of the total office area. This means that there is about 50,000 square feet of additional office space for which no pazking has been assumed. Already at the "full occupancy" scenario, the parking study indicates that there would only be 95 available spaces, so where would the additional pazking be provided when the Yahoo Center is fully leased? 7. Is the identified surplus of 95 spaces really adequate to ensure that parking will be freely available? This is only 3% of the total parking supply. Parking impacts usually occur when the parking is 90 to 95% utilized (and 5 to 10% of the total supply is available). Here the parking study claims that with only 3% of total spaces available, there will be no problems. 8. According to E-Harmony, a tenant in the Yahoo Center, under current conditions with more than 300,000 square feet of unoccupied office space, it reports that its employees akeady have a difficult time fording parking spaces at peak times, contrary to the assertions made in the parking study. How then can the parking utilization study show that peak demand is only 74.4%? 9. What is the mechanism for requiring the termination of offsite parking if needed to satisfy parking demand for offite uses? If this is approved, there should be a mandatory requirement for semiannual or more frequent pazking utilization surveys to verify whether or not an adequate supply of parking is available to users of the Yahoo Center 10. Why is there no penalty for failing to meet the AVR tazgets? Without any financial or other penalties, what incentive does the Yahoo Center have to achieve the AVR targets? 11. What are the consequences of employees parking offsite to avoid the pazking fees? The TDM plan merely provides that Yahoo Center shall instruct tenants that employees may not park on residential streets. There should be a financial or other penalty to enforce this provision. And why are commercial streets not similarly restricted? 12. What was the actual occupancy of the building? How many of the leases are leased but not occupied? A lot of tenants have down sized, and are paying for space that they are not using? Is there a provision for tenants that have extra space that is not used, but leased in these numbers? 13. The building has not provided free parking for the park users, as required by the Development Agreement. Where do park users park? 14. Developer should not benefit from non-compliance with its Development Agreement for over ten years. Developer should make some compensation payment to the City and nearby community. ~~~-o N ~T~. ~- ,4 Recording requested and return to: Equity Office Management, LLC 790 E. Colorado Blvd., Suite 800 Pasadena, CA 91101 Attn: Charlie Hobey AMENDMENT NUMBER 5 TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA MONICA AND CA-COLORADO CENTER, L.L.C Dated: ,2011 AMENDMENT NUMBER 5 TO DEVELOPMENT AGREEMENT This Amendment Number 5 to Development Agreement ("Amendment No. 5) is entered into as of the , 2011, by and between the CITY OF SANTA MONICA, a Charter City organized and existing under the laws of the State of California (the "City") and CA- COLORADO CENTER, L.L.C., a Delaware limited liability company ("Owner"), with reference to the following facts: A. The City and COLORADO PLACE LIMITED, a California Limited Partnership ("CPL") entered into that certain Development Agreement dated October 27, 1981 and recorded in the Official Records of the County of Los Angeles on February 24, 1982 as Instrument No. 82-193147 (the "Original Agreement"). The Original Agreement has been amended by (i) Amendment Number 1 to Development Agreement dated July 26, 1983 recorded October 5, 1983 as Instrument No. 83-1176312, (ii) Amendment Number 2 to Development Agreement dated April 24, 1984 recorded May 18, 1984 as Instrument No. 84-594528, (iii) Amendment Number 3 to Development Agreement dated May 28, 1985 recorded July 19, 1985 as Instrument No..85-631730, and (iv} Amendment No. 4 to Development Agreement dated December 16, 1987 ("Amendment No. 4). (The Original Agreement, as amended by such amendments, is hereinafter referred to as the "Agreement".) B. .The Agreement relates to that certain real property located in the City of Santa Monica, State of California, described in Exhibit A to the Original Agreement (the "Property"). Owner holds legal title to the Property as the successor in interest to CPL under the Original Agreement. The Property is developed with a mixed use office complex commonly known as The Yahoo Center (the "Project") C. Exhibit A to Amendment No. 4 specifies parking ratios for the various uses on the Property. A Yahoo Center Parking Demand Study, dated. April 25, 2011; prepared by Linscott Law & Greenspan shows that such parking ratios si~onificantly overstate actual parking demand for the Project .and that there are a large number of surplus parking spaces in the Project. This Parking Demand Study has been reviewed and approved by the City. D. The Owner has along-standing practice of leasing these underutilized spaces while still maintaining sufficient parking for its on-site tenants. E. This Amendment Number 5 to the Development Agreement would authorize the leasing of up to 1,053 existing surplus parking spaces to off-site parties (non-tenants), consistent with the facility's long-standing practice. F. The City and Owner desire to amend the Agreement in the manner set forth herein in order to (i) revise the required parking ratios, (ii) permit Owner to lease the surplus spaces to off- site users, and (iii) implement afacility-wide Transportation Demand Management Plan. G. The City has determined that the modifications to the Agreement set forth herein are consistent with the City's Land Use and Circulation Element ("LUCE"). More specifically, (1) "Utilize parking and TDM Districts to facilitate efficient use of parking resources, shared and reduced parking opportunities, and trip reduction goals." (LUCE Citywide Land Use Policy LU4.8, p. 2.1-14) (2) "The City plans to encourage parking efficiency strategies such as shared parking (including sharing of existing parking), lowered parking requirements, and parking pricing to reduce the demand for parking. Reducing parking demand can also .encourage alternatives to auto travel, promoting apedestrian-friendly urban landscape by reducing the amount of urban space dedicated to parking." (LUCE Sustainability and Climate Change p. 3.1-10) (3} "Adjust parking requirements for projects when it can be demonstrated that a lower parking demand is appropriate." (LUCE Circulation Policy T26.4, p. 4.0- 73) (4) "Consider allowing developers to meet their minimum parking requirements via shared parking between uses, payment of in-lieu fees, or off-site parking within a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73) (5) "If the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the needs of their various users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking." (LUCE Circulation Policy T26.11, p. 4.0- 73) H. The. City Planning Commission held a duly noticed public hearing on May 18, 2011 with respect to the Amendment Number 5 and recommended that the City Council adopt the proposed amendment. I. In taking this action, the City Council has (a) specifically considered and approved the impacts and benefits of the requested Amendment Number 5 and has concluded that this Amendment Number 5 is consistent with the public health, safety, and welfare of the residents of the City and the surrounding region, and as detailed above, promotes the goals, objectives, and policies of the General Plan, (b) determined that the City has complied with all procedures required by the Development Agreement Statutes with respect to Amendment Number S, and (c) duly authorized the City to enter into this Amendment Number 5. NOW, THEREFORE, IN CONSIDERATION of the foregoing facts and the mutual covenants set forth herein, the parties hereto agree as follows: 1. The Agreement is hereby amended in the following respects: a. Parkine. The parking requirements for the Project shall be established in accordance with the following: (i) The Parking Demand Formula attached as Exhibit A to Amendment No. 4 is hereby deleted in its entirety. Parking for the Project shall be provided in accordance with the revised Parking Demand Formula attached as Exhibit A to this Amendment No. 5 (the "Parking Demand Formula"). (ii) The amount of required parking shall be the highest parking demand established based on the calculations of each of the "peak" demand periods set forth in Exhibit A, which calculations shall be based on the actual mix of uses in the Project and the respective parking ratios for each use for each of such peak demand periods asset forth in the Parking Demand Formula. Owner shall ensure that at all times there are parking spaces available to meet the highest on-site tenant peak parking demand as determined in accordance with this subsection (a)(ii) of this Paragraph 1. (iii) Notwithstanding anything contained in the Agreement or the Santa Monica Municipal Code to the contrary: (A) Owner may lease up to 1,053 Project parking spaces, including leases for vehicle storage, during normal work hours to non-tenants of the Project, subject to ensuring that there is parking available to meet the peak demand of its on-site tenants as established by the Parking Demand Formula and as required by subsection (a)(ii) of this Paragraph 1 and (B) Owner may provide an unlimited number of parking spaces to non-tenants in connection with special events in the evenings and on weekends and holidays. (C) Owner shall maintain a list of the cumulative floor area used for each use category, the actual number of parking spaces required to meet the actual mix of uses based on the highest of the parking demand, and the number of spaces leased to non-tenants. Owner shall update this list as tenant spaces are vacated and re-occupied. Owner shall submit such list to the City within ten (10) days of the execution of this Amendment No. 5, within ten (10) days of Owner's execution of a tenant lease for a use that is different from the prior use of the leased premises, and as part of the City's annual review of the Agreement. b. TDM Proeram. Owner shall comply with the requirements of the Traffic Demand Management ("TDM") Plan attached as Exhibit B to this Amendment No. 5. Notwithstanding for foregoing, Owner's inability to achieve the AVR target in the TDM Plan shall not constitute a default within the meaning of this Agreement, provided that Owner is taking all reasonable and feasible steps to meet such target. Subject to approval by the Planning Director, Owner may modify the TDM Plan; provided that the TDM Plan, as modified, can be demonstrated to be equal or superior in its effectiveness at mitigating the traffic-generating effects of improvements on the Property. c. No Mandated Free Parkine. Notwithstanding anything to the contrary in the Agreement, Owner shall not be required to mandate its tenants to provide free parking to their employees. d. City Cost Recovery. Following completion of each Periodic Review, Owner shall reimburse the City for its actual and reasonable costs incurred in connection with such review. e. Specific Performance. The City and Developer acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to the non- defaulting party in the event of any non-monetary default. £ No Damages Relief Against City. It is acknowledged by Owner that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees and court costs, the City shall not be liable in damages to Owner and Owner. covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (i) for any default hereunder; (ii) for the regulatory taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) arising out of or connected with any dispute, controversy or issue regarding. the application or interpretation or effect of the provisions of this Agreement. The City and Owner agree that the provisions of this subsection (f) do not apply for damages which: (i) do not arise under this Agreement; (ii) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; or (iii) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies. g. Enforcement. The City, at its discretion, shall be entitled to apply the remedies set forth in Chapters 1.09 and 1.10 of the City's Municipal Code. [Proposed by City but not agreed to by Owner.] h. No Damages Relief Against Owner. It is acknowledged by City that the Owner would not have entered into this Agreement if the Owner were to be .liable in damages in connection with any non-monetary default hereunder. Consequently, and except for the payment of attorneys' fees and court costs, the Owner shall not be liable in damages to City for any nonmonetary default and City covenants on behalf of itself not to sue for or claim any damages: (i) for any non-monetary default hereunder or (ii) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. The City and Owner agree that the provisions of this subsection (h) do not apply for damages which: (i) are for a monetary default; or (ii) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, interpretation, or effect of the provisions of this Agreement to or the application of, any City rules, regulations, or official policies. i. Additional Sienaae. The Owner shall post a sign adjacent to the park informing pazk visitors that Owner provides free parking on weekends and holidays for pazk visitors. j. Continuing Community Outreach. The Owner shall hold an annual community meeting at the Project site with residents in the Project vicinity. The Owner shall provide residents and property owners within a 500-foot radius of the Project site at least 15 days' prior written notice of such meeting by U.S. Mail. The purpose of the meetings will be to identify and address any issues associated with the Owner's compliance under this Agreement. k. Deliveries from Auto Dealershins. The delivery of automobiles from automobile dealerships to the Project site shall occur outside of the normal a.m. and p.m. peak traffic hours (i.e., 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). Oversize car carriers shall not travel to and from the Project site via local residential streets. 2. Except as expressly set forth herein, all of the terms and conditions of the Agreement, as previously modified, shall remain unmodified and in full force and effect. 3. The parties shall cause this Fifth Amendment to be recorded in the Official Records of the Los Angeles County Recorder's Office. IN WITNESS WHEREOF, this Amendment Number 5 has been executed as of the date and year first above written. APPROVED AS TO FORM: CITY OF SANTA MONICA, a municipal City Attorney corporation By: City Manager Attest: City Clerk. CA-COLORADO CENTER, L.L.C., a Delaware limited liability company By: CA-Colorado Center Limited Partnership, a Delaware limited partnership, its sole member By: EOM GP, L.L.C., a Delaware limited liability company, its general partner By: Title: Exhibit A Parking Demand Formula A. Parkine Requirement Calculations The actual number of parking spaces required for the actual mix of uses on the Property shall be the highest of the parking demand at 10:00 AM, 11:00 AM, 12:00 PM, 1:00 PM, or 2:00 PM weekdays, with those demands being computed in accordance with the following rates: IIse 10:00 AIoI t L_00 3M 12: W P14 1:00 P7~ 2:00 Plvf Rate {space per} Rate {space per) Rate (space per} Rate {space per) Rate {spaeeper) Office 500 SF SOD SF 543 SF 543 SF 521 5F S1Y-Docun Restaurant li seats t5 seats 3 seats 3 seats 9seats Fast-Food Resiatuant 37.5 seats 37.5 leaf; 75 seats 75 seats 18.75 seats Retail 750 SF 7S0 SF 75D SF - - 750 SF SDD SF Health Club 750 SF 7S0 5F 7S0 SF 756 SF SOD SF bSed:cal Office 250 SF 250 SF ti0 SF 250 SF 25D SF B. Background The formulae set forth above were developed utilizing the demand criteria for different times of day established in the April 25, 2011 Yahoo Center Parking Demand Study prepared by Linscott Law & Greenspan ("Parking Demand Study"), incorporated herein by reference. C. Example For illustrative purposes only, application of the formulae to one of the reasonably anticipated mix of uses on the Property is shown below and in Table 3 of the Parking Demand Study. This application of the formulae shown below would require a total of 1,938 parking spaces to be provided to meet the peak parking demand of the on-site uses which would authorize the leasing of up to 1,053 parking spaces to non-tenants. 1lodified Parking Calculation for Yahoo Center Using Proposetl New Raie for Office [7] 30:00 Abf Part: na 11:W .10.{ Pmi ms 3 12:00 PM PS }Jae 3 1:OOPM Par6 ins 2:00 PM Pmk n ti'se 5¢z 3 Rnre (s a r) Pmhins Rare( ace ) Paztiv Rare (s ace ) Parties Katz( acs ) Pmlivs Rate( oce ) ParAvis Ott [dj 655.360 sf SOU sf 1.3tJ 600 sf 1.35] s+3 z{ 1.211 513 sf 1_31 52t sf 1.361 5(FDORm Restaiumrt i,dd$ sf 186 smG S seats 32 15 soots 12 3 seaK 62 3 seat 62 9 seats 21 Fast-Food RLSRIWi 11 3.>5S sf 15$ Seah 3 .5 52ati 3 3'.-5 SU[i ~ J.5 52ati 21 .$ SGtfS 21 - I8.J5 S4ari S Retail 3,009 sf i50 s[ 3 ]50 st 3 ]50 sf 3 ?50 sf 3 500 sf 4 Heairh Chtb 5 11,265 sf ]50 sf IS J50 sf IS i50 sf t5 ?SO sf 13 500 sf _'3 Medical Office ''-.OJ6 sf 250 sf S 250 sf 8 'SO sf S 250 sf 8 250 sf 8 Total 651.919 sf 1.359 1359 1.320 1320 1.335 Odd Par6ws Leased to Off-Site Laszrs 91S 91S 91% 91S ~ 94S Toral FOrecxst Yahoo Center Parties Demand (llllSelV) 2.301 330? 2.368 2!68 22]b Ob~ned Pm'Aiug-anaodw December 1. _'Ot0 2.l?3 2.24J "9s 2.19 2.;33 4acant Office ] 259.2]9 s£ ;DO sf 5]9 5-00 sf 5]9 513 sF 532 <33 sf 532 vi sf 555 9dd RZruainros PazLmsLZasM to Oft=-Sire Uses 8 105 ]Ot 105 105 105 Yahoo Cemer Padius Dmnavd atFnil Ore aay 9 '.991 2.993 _'.906 2906 2.936 I'aliooCrnta Par6we Aryply 3.OS6 3.036 3.036. 3.056 Parl:vL=Sruplus a[Yahoo CaVe[ar Frdl OCnpavcry' 95 95 .. tS0 ISO [1] See sxhitnrAmAmevdmew Nrwbxrd to DesztopnzmtAgeeIDent [z]ssse represenrz occupied floor area at vmeafpar6'v¢uetimew cwotsineadyMeemba 2010_ [i] FxhibuA does vot pivride pvbvg rates for ILOD.4hf avd 12:00 PYtpxsiods; dms, Y is ezsvvredllmf 11:00 ANmtxs are equnalmf fo ]000 A~Savdl?'OOPH Hies me eganal®t fo 1:00 PAL [47 Based onobsereed PaWn$demand it iz proposed War base l3004=demand)vdcepaddv$mteat We Yahoo CevrerbemodiSed Eoml pa<e~3.l square{ ttv izpa<e/500 squae feet [i]F~4itAdcesmf proaide spxi6cpmlivgzata frrHZallh Clubs; Wzrefine,pmlingmfesfmReteil ese wiliz'd [fi] Assmnez 904: vrilinfian of 40<3 pazlivg spaces L•asedto ofr afeusem parted at time ofpariin$uritiratiov cowtsa early'Dxxmbzr2oia (93s paces). []]1Lere w-az 339,155 sfafaa<avf;vudervW¢edaSCe aomarea atlimeofparkmgutiliatim comisweaclyDecember 2010. FOr avaly9spupvses,hisaswvxdthat FUV CS'cupavcyis . egvisalmtto 95Y. ofatdcespace oceapied Ths, 2891]9 sfofaacautimdziulilized o&ce spavemould veed m tie occuyM mbm¢ We Yahoo Cen[m k 954eottvpwcy. [8] AsrvmesuYliration afrxmaivivg 10°/e of 4033 paW"vg npacxs leaud to of-sitx mxrz (105 spaces). (9] Fvli arpaary-pmkiug fineuasrbased w Total FOfKdz[Yahoo Cmfer Pmlia$Ikmavd (Cmrevr) plusadded dmaad dve ro occupamyo£4acavt oflse pace sodwuzM leazedpa.3ivs spaces- i.GS6 I<0 Exhibit B Traffic Demand Management Program MEMORANDUM ro: Dale Goldsmith Date: Apri15, 2011 Armbruster Goldsmith & Delvac LLP From: David S. Shender, P.E. LLGRef: 1-10-3880-1 Linscott, Law & Greenspan, Engineers Transportation Demand Management (TDM) Plan for the ~'ahoo suhJeot: Center at 2425 Colorado Avenue in the City of Santa Monica This Transportation Demand Management (TDM) plan has been prepared by Linscott; Law & Greenspan, Engineers (LLG) for the Yahoo Center located at 2425 Colorado Avenue in the City of Santa Monica. -The TDM plan has been provided in conjunction with the request by the Yahoo Center to modify its Development Agreement with the City of Santa Monica to permit the leasing of parking spaces to non-tenants. The Yahoo Center is an existing office complex located at 2425 Colorado Avenue in the City of Santa Monica, California: The Center encompasses the block generally bounded by 26`h Street to the east, Cloverfield Boulevard to the west, Colorado Avenue to the south, and Broadway to the north. The Yahoo Center complex provides a total of 1,024,074 square feet of building floor area, with space primarily leased to office tenants, but includes some ground floor commercial space for retail and restaurant uses. Approximately 3.,086 parking spaces are provided on-site at the Yahoo Center in a three-level subterranean parking structure. Transportation Demand Management Plan A TDM plan has been prepared for the Yahoo Center as to reduce vehicular traffic and parking generated by the development. Currently, individual tenants at the Yahoo Center are required to prepare and submit an Employee Trip Reduction Plan (ETRP) to the City of Santa Monica in accordance with the requirements set forth in Santa Monica Municipal Code (SMMC) 9.16 (Transportation Management). Performanee Measurement and Stan7tards • The Yahoo Center shall conduct employee transportation surveys in accordance with policies and procedures set forth by the City of Santa Monica for purposes of establishing a baseline average vehicle ridership (AVR). Individual tenants within the Yahoo Center with 50 or more employees that prepare Employee Trip Reduction Plans (ETRP) under City Code Section 9.16.070 shall not be required to participate in the additional transportation survey; these qualified tenants shall make their employee transportation survey data available to the Yahoo Center Employee Transportation Coordinator such that asite-wide AVR can be determined. Engineers & Planners Traffic Transportation Parking Linscott, Law & Greenspan, Engineers 236 N. Chester Avenue Suite 200 Pasadena, CA 91106 626.796.2322 r - 626.792.0947 F vANw.llgenginee rs.com Pasadena Costa Mesa San Oiego Las Vegas P-1CltyPlann7ngVSharc'40UNCLL,STRPT1201 hYahm Center nA Amendment?011'.Amendinzm RxsoW[iov ONlnance~NM Plan (C?- 1 Rdoc Dale Goldsmith Apri15, 2011 Page 2 The Yahoo Center shall establish a target AVR equivalent to a LS AVR during peak periods (AM and PM) by November, 2013. In addition, the target AVR shall increased to be equivalent to a 1.6 AVR, once the Phase II of the Expo line is complete and operating as currently anticipated. ® After the completion of the first employee transportation survey, subsequent surveys shall be conducted at the Yahoo Center on an annual basis for purposes of measuring AVR, assessing the progress towards attainment of the target AVR, and determining potential modifications to the TDM plan to enhance performance. Any plan revisions will be made consistent with the procedures provided in City Code Section 9.16.070. TDMPIan Program Elements The specific program elements related to the TDM plan for the Yahoo Center (also referred to herein as the "Project") are described in the following sections. 1. Transportation Information Center. The Yahoo Center shall provide on-site information for employees and visitors about local public transit services (including bus lines, light rail lines [future]; bus faze programs, ride share programs, shuttles) and bicycle. facilities (including routes, rental and sales locations, and on-site bicycle racks). The Yahoo Center shall also provide walking and biking maps for employees and visitors which shall include but not be limited fo information. about convenient local sen~ices and restaurants within walking distance of the Project. The Transportation Information Center need not be located in a separate office but may be located in a convenient area on-site such as a central seating area or lobby. Such transportation information may also be provided through a computer terminal with access to the Internet or, via a website. 2. TDM Web Site Information. The Yahoo Center shall be required to make available via a web site transportation information such as the items noted in No. 1 above, including links to local transit providers, area walking, bicycling maps, etc., to inform employees and visitors of available alternative transportation modes to access. the Project site and travel in the area. In addition, the Yahoo Center shall distribute, by email or otherwise, a quarterly newsletter regardirig the TDM plan. 3. Employee Transportation Coordinator. An Employee Transportation Coordinator (ETC) shall be designated for this site by the Yahoo Center as required by the City of Santa Monica's Transportation Management Division in accordance with Ordinance 1604 (City Code Section 9.16). The ETC shall F`.CiryPlenning\SXaa\CO W CIpSTRPT301 I\Vahoo Centu DA Amendment?OI I\Amendmant Resolution trdinenee\]'DA1 Plan (b~ I I ~.dac Dale Goldsmith Apri15, 2011 Page 3 manage all aspects of this TDM program and participate in City-sponsored workshops and information roundtables. As the Project is occupied by multiple users, the Yahoo Center shall establish asite-specific TMA (as defined in City Code Section 9.16.030), to encourage the implementation of TDM strategies for the occupants of the Project. The ETC shall be responsible for making available information .materials on options for alternative transportation modes and opportunities. In addition, transit fare media .and day/month passes will be made available through the ETC to employees and visitors during typical business hours. The ETC shall contact or require each tenant to contact each employee at least once a year with an offer of personalized commute assistance and information, rideshaze matching and incentives. 4. Vanpool/Carpool Matching Program. The Yahoo Center shall provide at no cost to Project employees -either in-house or through a qualified third party such asMetro - a service which matches potential carpool and vanpool partners. To enhance potential rideshare matching opportunities, carpool and vanpool matching should be coordinated with employees at the Project, as well as employees at nearby employee centers (for example, the Water Garden}. 5. Preferential Parking Program. The Yahoo Center shall provide preferential parking within the parking garage for Project employees who commute to work in employer registered carpools and vanpools: An employee who drives to work with at least one other employee in the Project or adjacent facilities may register as a carpool/vanpool entitled to preferential parking within the meaning of this provision. 6. Parking Availability for Non-Building Users. Consistent with providing sufficient on-site parking for building users, the Yahoo Center will make any unused on-site commercial parking available for monthly lease at market rates to third parties in the surrounding area in need of parking. 7. Parking Pricing. Hourly parking pricing shall be market-based and adjusted periodically in an effort to ensure parking availability for tenants and their employees and visitors during peak parking hours. 8. No Tenant Parking on Residential Streets. The Yahoo Center shall instruct all tenants that their employees not to park on residential streets in the vicinity of the Yahoo Center. 9. Convenient Parking for Bicycle Commuters. The Yahoo Center shall provide location(s) within the garage or other convenient location relative to the commercial component of the Project for secure parking for bicycle FiCily~Plnnning\Shsa~COO1LCIL\STRPT\2011'.Vnhao Cen2r OA Amendment 30111Amendmem Resolufion OodlnancelTDM Plnn (~2- I I Ldoc Dale Goldsmith Apri15, 2011 Page 4 commuters for employees working at the site and visitors to the site for a minimum of 117 bicycles, which is equivalent to approximately 3.8% of the total vehicle parking spaces (3,086 spaces) provided for the Project. The secure bicycle parking will be located within the Project site such that long- term and short-term packers can be accommodated. For purposes of this requirement, bicycle parking may mean bicycle racks, a locked cage, or other secure parking area. The Yahoo Center shall increase the amount of secured bicycle on an as-needed basis based on actual demand. The Yahoo Center shall provide tenants and their employees with information regarding the availability of secured bicycle parking as part of its TDM efforts. 10. Compressed Work Week Schedade. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, a Compressed Work Week schedule shall be offered to employees whereby their hours of employment may be scheduled in a manner which reduces trips to/from the worksite during peak hours for the surrounding streets. 11. Flex-Time Schedule. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project that, when commercially feasible, employers shall permit employees within the Project to adjust their work hours in order to accommodate public transit schedules, rideshare arrangements, or off-peak hour commuting. 12: Guaranteed Reta~rn Trip. The Yahoo Center shall require in all new leases it executes as landlord for. space within the Project that, when commercially feasible, tenants provide employees who vanpool or carpool, with a return trip to their point of commute origin at no additional cost to the employee, when a Personal Emergency Situation .(per Metro's guidelines) requires it. The Yahoo Center shall contact Metro to participate in Metro's program as appropriate. 13. Parking Cash Out. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to offer parking cash outs to their employees. Such leases may require employees to pay market rates for parking; provided,- however, that tenants shall be permitted to cover employee parking costs, on condition they offer employees equivalent reimbursement amount in the form of taxable cash or non-taxable commuter benefits, including monthly transit passes: 14. TMA. The Yahoo Center shall require in all new leases it executes as landlord for space within the Project a provision requiring tenants to participate in the TMA, and the Yahoo Center shall encourage existing tenants to participate in FVCiryPlannl~~~Sha~e~COUNCILASTRP'f1301 IAYahoo Cents DA Amcndmxm ?01 I~Amendmen[ Ruolution ONinancelTDM Plan (0.1 I p doc Dale Goldsmith Apri15, 2011 Page 5 the TMA. The Yahoo Center may pass through the costs of operating the TMA to tenants. The Yahoo Center shall use reasonable efforts to encourage non-tenant businesses in the vicinity of the Yahoo Center to join the TMA. In addition, the TMA shall actively promote TDM measures, provide new- employee packages, hold at least three events annually, and offer incentives for trial ridership, contests, eta 15. Changes to TDM Program. Subject to approval by the City's Planning Director, the Yahoo Center can modify this TDM program provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness at mitigating the traffic-generating effects of this Project. ~~: File Fl6ryPlennfn~.Sl~ara~CWIJCILASTRPT?0111YaFOO Centxr ~9 Amendment YOl PAmendmenc RxsoW[ion ONlne~ce~TDM Plen (03- I p.Uoc