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sr-012412-8aCity of City Council Report Santa Monica' City Council Meeting: January 24, 2012 Agenda Item: V To: Mayor and City Council From: David Martin, Director, Planning and Community Development Subject: Annual Development Agreement Compliance Review Recommended Action Staff recommends that the City Council: 1) Review the status of Development Agreement compliance 2) Determine good faith compliance for those that are in compliance Executive Summary This report provides an annual summary of the status of compliance for each of the 20 Development Agreements that are currently in effect and subject to annual compliance report submittals, and provides in response to Council direction, a summary of Transportation Demand Management (TDM) Program measures that have been incorporated in newly- approved or amended Development Agreements since 2010 in conjunction with the City's Land Use and Circulation Element (LUCE) implementation. Council reviewed the status of Development Agreement compliance most recently at its May 11, 2010, September 28, 2010, and January 25, 2011 meetings. This year's summary includes review of all 12 previously- constructed projects, two projects that are currently under construction, and the status of the remaining six Agreements where construction has not yet commenced. Based on staffs review of each of the 12 projects already built and the annual reports submitted by the developers or successors in interest to demonstrate good faith compliance, it has been determined that all of these Agreements are in full compliance. Staff will continue its ongoing and annual review of compliance reports for each Agreement submitted by the developers, or successors in interest, to demonstrate good faith compliance. The next annual report to Council for all Development Agreements subject to annual compliance reporting is scheduled for January 2013. This review will again include all 12 previously- constructed projects and any new Agreements where construction has commenced or recently completed, as well as a summary of TDM Program measures that have been incorporated in any new Agreements. Background Chapter 9.48 of the Municipal Code establishes the processes and requirements for the City to enter into a Development Agreement. One of the provisions is annual review by the City Council of each approved Development Agreement to determine good faith compliance with the terms and conditions of the Agreements. Since the passage of this ordinance in 1982, 20 Development Agreements have been enacted. Each Development Agreement contains unique time frames, obligations, and requirements. The obligations can be one -time or ongoing; some are fees, some are actual physical improvements, and some are ongoing services. The 20 Development Agreements monitored by the Planning and Community Development Department are listed below and include six Agreements where construction has not yet commenced. �— - f f f Development Full Compliance Working to Achieve Untler Construction Has Not Agreements (20) (12) Full Compliance (0) Construction (2) Commenced (6) Partnership I f I - - -- f - C plian<e not (Sheraton Delfina) (1983) requlmd at this time I Rand (z0oo> (Yaho o Lantana East (2004) 1 f F Paseo Del Mar (issz) I 1 ( - 1 I Hill Street Partners III (zoos) National Medical Enterprise - f f f (Viacom) Santa Monica College Bayview CA Unlimited Parking & Pool _ Partnership I f I - - -- f - Saint John's Health Center (Sheraton Delfina) (1983) Arboretum (1987) F 1 Santa Monica College Parking & Pool Ma uire Thomas isso s O I f I - - -- f - Saint John's Health Center I Rand (z0oo> Lantana East (2004) 1 f F Lantana South (2004) I 1 ( - 1 I Hill Street Partners III (zoos) ( I _ I The Village (2008) r � _ - r Saint Monica's Catholic __ --_ -- Community (zmo).• Agensys (zmoi.. - -- - - -- - - -- - ----- ____ - - ---- 00lorado Creative Studios ( 702 Arizona Avenue (2011) - 13177hStre4t (2011)— ( 401 Broadway (2o11)- (— ** Development Agreements with Transportation Demand Management Program measures summarized in this report. K As explained in the compliance report submitted to Council on May 11 and September 28, 2010 and January 25, 2011, there are also five very early Development Agreements: • Lincoln Property /Phase II of the Ocean Park Redevelopment Area • 1426 California Avenue • 2823 -2825 Santa Monica Boulevard • 10404 th Street (Dorchester) O 701 Santa Monica Boulevard In general, these early Development Agreements required certain street improvements and, in some cases, the payment of fees. For example, the Agreement for 701 Santa Monica Boulevard required the payment of an Arts and Social Service Fee and an In- Lieu Housing Fee. Such fee obligations were satisfied when the projects were completed. Thus, compliance and monitoring have not, in general, been an issue. However, in one case, the Dorchester, ongoing affordability obligations were imposed by contract and recorded against the property. All but four of the owners are in compliance with the affordability restriction. The City is litigating against two of these owners who are not in compliance; the other two owners, who purchased without knowledge of the restriction, are cooperating with the City in the litigation. Discussion As noted above, as a result, of staff's review of all 20 Development Agreements subject to compliance reporting, all 12 previously- constructed projects have been determined to be in full compliance. Below is a summary of all Agreements where annual compliance reports have been submitted for the current review period, and a brief status update on the two projects under construction and six Agreements where construction has not yet commenced. Following this discussion is a summary of Transportation Demand Management Program measures that have been incorporated in the eight Development Agreements that have been amended or newly- approved since 2010, consistent with the City's implementation of the LUCE transportation strategy to reduce single - occupancy vehicle trips and increase use of alternative means of transportation. 3 Recommend Finding of Good Faith Compliance Colorado Place I & II (Yahoo Center) 2600 -2800 Colorado Avenue Agreement Effective: 10/27/1981 Expires: 9/15/2036 Amended: 4/1984; 7/1984; 5/1985; 12/1987; 6/2011 Reporting Period: 10/27/2010 to 10/27/2011 Full Compliance Confirmed The project was approved for approximately 900,000 SF of office uses along with a daycare center, park, health club, food services and community rooms. Building heights range from 65' to 80'. On -site parking structures currently contain 3,085 parking spaces. Community Benefits Summary • Child care center (Hill `N Dale) • Public park with tennis courts, children's play structure, basketball court, and public gathering space • 51 units of affordable housing which per an agreement between the City Housing Authority and the County, are monitored by the County and a contribution of $2,652,909 to the City's Affordable Housing fund • Community rooms open to the public and available free of charge for community & neighborhood groups • Nearly $3 million worth of art and social service benefits through Park & Community room maintenance • TDM Program (enhanced by Amendment No. 5) • Off -site traffic signal, street lighting, and turn lane improvements Status of Compliance The required annual compliance report was received on October 27, 2011. The property owner is in full compliance with all Development Agreement fee payments and public benefits associated with requirements in effect during the 2010 -2011 reporting period. Amendment No. 5 to the Development Agreement that permits leasing of up to 1,053 a underutilized spaces to off -site parties with the requirement to implement an enhanced Transportation Demand Management Program was approved by Council on June 28, 2011 and the amendment was fully executed on October 31, 2011. Staff is proactively reviewing and monitoring the new requirements associated with the Amendment. Staff's review of compliance with these new requirements will be presented to Council in January 2013. Paseo Del Mar 1541 Ocean Avenue Agreement Effective: 1/26/1982 Expires: 10/112031 Reporting Period: 1/26/2010 to 1/26/2011 Full Compliance Confirmed X50 O The project consists of approximately 54,000 SF in two buildings ranging in height from 28 to 36 feet. Uses include restaurant, office, retail, and 10 units of low, median, and moderate income housing. The subterranean parking garage contains 72 spaces. Community Benefits Summary 6 10 deed - restricted affordable housing units at a prime oceanfront location $75,000 Art and Social Service fee or in -kind provision of art on -site Y Parking, Carpool, and Transit Incentive Program Status of Compliance The required annual compliance report was received on June 6, 2011. Planning and Housing and Economic Development staff reviewed the annual compliance report for the 2010 -2011 reporting period and verified that the property owner is in full compliance with Agreement requirements, including the new art installation in the courtyard and provision of additional bicycle parking on site. 3 National Medical Enterprise (Viacom) 2700 Colorado Avenue Agreement Effective: 4/16/1982 Expires: 4/16/2037 Amended: 1/1987; 4/1987; 5/1988 Reporting Period: 4/1612010 to 4/16/2011 Full Compliance Confirmed a�y� Cn4 ?�jc r �FaP r� .e� n tips The project consists of a 5 -story, 312,000 square foot building with creative offices. The site also contains a child care center, a public park, and a 1,000 space subterranean parking garage. Community Benefits Summary • Provision of 30 affordable rental units, later amended to require the payment of a $1,500,000 in lieu fee • On -site child care center • Payment of $25,000 to Santa Monica Arts Foundation • Park of approximately 7,200 square feet to be open to the public during reasonable hours Status of Compliance The required annual compliance report was received on March 24, 2011. Staff has verified compliance with all Development Agreement requirements for the 2010 -2011 reporting period. In addition, the City has requested that the child care facility revise its application and enhance its outreach efforts during the current 2011 -2012 reporting period to ensure the facility continues to provide child care programming that meets the needs of priority children. Accordingly, staff's final review of the Agreement indicates that the project is in full compliance with all requirements. E Bavview CA Unlimited Partnership (Sheraton Delfina Hotel 530 Pico Boulevard Agreement Effective: 6/29/1983 Expires: 12/1/2022 Reporting period: 6/29/2010 to 6/2912011 Full Compliance Confirmed This Agreement allowed for the 72,400 square foot expansion of an existing Holiday Inn hotel. The development included the addition of 134 hotel rooms and 282 parking spaces. The hotel is currently operated by the Sheraton Delfina. Community Benefits Summary • Hiring priority to Ocean Park and Pico neighborhood residents, and then to other City residents • Job Training Program, with priority given to Santa Monica High School Students and City residents (requirement expired in 2011) • Hotel Room Voucher Program (this requirement expired in 1996) • Free Hotel Parking with sign denoting this in parking area • Valet parking tipping prohibition with sign denoting this in parking area • Relocation of on -site, rent - controlled apartment buildings (five of these units were subsequently converted through the TORCA process) • $50,000 annual contribution to the Big Blue Bus for the Tide Shuttle operation (expired in 2011) • Six rent controlled units added to the existing building at 1920 6th Street • Installation of public art piece approved by the Arts Commission Status of Compliance The required annual compliance report was received on July 20, 2011. Staff has reviewed the annual report and determined that the property owner is in full compliance with all reporting year requirements, including provisions addressing operational requirements, community benefits, and fees. 7 As noted in staff's last report to Council, the City will continue to monitor the hotel's compliance with Agreement hiring program provisions. The Agreement specifies a number of outreach and advertising requirements to assist in the recruitment of local residents for available jobs at the hotel. The Agreement also states that "the Project Owners' goal shall be to have City residents (particularly Neighborhood Residents) constitute not less than 80% of the Sheraton Delfina's employees...." The Agreement does not mandate that 80% of the hotel workforce be City residents; rather this percentage is identified as the property owners' goal with respect to hiring of new employees. There are currently 176 employees of the hotel; 12 employees are Santa Monica residents. During the reporting year, the hotel has continued its commitment to both its Job Training Program and local employment recruitment goal through partnerships and outreach with organizations such as Santa Monica High School, Santa Monica College, the Art Institute of California (Culinary School), Pico Youth and Family Center, and the Santa Monica Chamber of Commerce. The City will continue to work with hotel management over the next reporting period to assess whether increased local hiring can be achieved through more targeted local recruitment efforts, building upon the hotel's active local recruitment program.. Arboretum (Previously Colorado Place III) 2000 Colorado Avenue Agreement Effective: 12/16/1987 Expires: 1/11/2042 Amended: 12/1988; 2/1995 Reporting Period: 12/1612010 to 12/1612011 Full Compliance Confirmed �� aE CF�p 4� \YP This Development Agreement involves the construction of Phase III of Colorado Place, a 12.7 acre parcel located on Colorado Avenue. The Agreement initially allowed for the construction of 1,040,490 square feet of floor area, with a Floor Area Ratio of 1.85, and 9 allowed 25,000 square feet of restaurant space, 10,000 square feet of retail, 35,000 square feet medical office, 20,000 square feet for banks, up to 720,490 square feet for commercial office space, a 270,000 square foot hotel, and 60,000 square feet for a health club. However, subsequent modifications to the Development Agreement removed the hotel as a permitted use, and allowed for a general market/grocery use (not to exceed 50,000 square feet), and multi - family residential development with some affordable units. Community Benefits Summary • TDM Program/Traffic Emission Abatement Program • $721,318 Housing Parks Mitigation Fee • $5,000,000 Traffic Improvement Fee • On -site art installation $250,000 child care contribution Status of Compliance The property owner's annual compliance report was submitted on December 5, 2011. The City's Housing Division continues its on -going work with the property owner to ensure compliance with the Development Agreement's affordable housing requirements. After reviewing the remaining Agreement terms, all of the supporting documentation provided to the City, and conducting a site visit to confirm that alcohol display at the grocery store is less than 950 linear feet per their floor plan, staff has determined that the Arboretum is in full compliance with Development Agreement fee payments, remaining public benefits, and operational requirements. Water Garden 1620 26th Street & 2425 Olympic Boulevard Agreement Effective: 3123/1988 Expires: 3/23/2043 Reporting Period: 3/23/2010 to 3/23/2011 Full Compliance Confirmed I A z h The project was constructed in two phases and consists of four, six -story buildings, totaling approximately 1,259,577 SF. The development contains commercial office, medical office, retail space, restaurants, health club, child care facility, and subterranean parking for 4,035 vehicles. space area and man -made lake. Community Benefits Summary The development also includes an open • $3,811,307 Housing and Parks Mitigation Fee payment • On -site child care facility for 54 children • TDM Program submitted annually to the City Y $6,408,486 Traffic Improvement Fee payment • Annual preferential Parking District fee payment to cover permit and district administration costs • $150,000 fee payment to the Santa Monica Arts Foundation • $300,000 fee payment to the City for homeless services Status of Compliance After reviewing the Agreement terms, all of the supporting documentation provided to the City on May 9, 2011, staff has determined that the Water Garden is in full compliance with all Development Agreement fee payments, public benefits, and operational requirements. Santa Monica College Parking and Community Pool 1900 Pico Boulevard Agreement Effective: 11114/1989 Expires12 /31/2014 Amended /Restated: 1/1999; 12/2000 Reporting Period: 11/14/2010 to 11/14/2011 Full Compliance Confirmed 10 This Development Agreement covers specific locations on the Santa Monica College Campus, including 3 parking structures (A, B and C) and the Municipal Swimming Pool, which is located on the northwest side of the campus. The Municipal Pool Facility is a 28' tall building surrounded by an 18' sound wall. Parking Structure B, with a total of 486 spaces, was approved for a maximum height of 30' and 165,000 square feet of gross floor area. The restated agreement lists parking structures A and C as completed prior to the restatement, and are no longer included in the Development Agreement terms. The original Development Agreement between the City and the District was entered into on November 14, 1989. Due to damage sustained in the Northridge earthquake, the agreement was revised on January 12, 1999, to relocate a damaged parking structure and rebuild the Municipal Pool Facility in its place. Community Benefits Summary • Santa Monica Swim Center, a first class recreational facility open to the public with guaranteed parking availability at peak hours • Improved circulation for neighborhood, with relocated traffic signals and 16th Street parking structure rebuilt as exit only with right turn toward Pico Boulevard • Earthquake- damaged parking structures replaced to meet needs of college community and to reduce impacts on neighborhood Status of Compliance The required annual compliance report was received by staff on August 10, 2011. A Joint Operating Agreement between the City and the Community College District regulates parking for pool users as well as hours of operation, staffing requirements, and maintenance. The property owner is in full compliance with all Development Agreement community benefits and operational requirements. 11 Maguire Thomas 1733 Ocean Avenue Agreement Effective: 10/18/1990 Expires: 10/18/2045 Amended: 12/1995 Reporting Period: 10/18/2010 to 10/18/2011 Full Compliance Confirmed This Agreement authorizes construction of a four -story, 56 foot tall commercial development. It allows for a 68,040 square foot building, including a maximum 5,983 square foot/250 seat restaurant and a maximum of 8,040 square feet of retail space. Three levels of subterranean parking provide 267 parking spaces. Community Benefits Summary • $250,000 contribution to the Civic Center /Oceanfront Improvement Special Fund • $403,399 Housing and Parks Impact Mitigation Fee • $820,85.4 Affordable Lodging Mitigation Fee Status of Compliance City staff received the annual Development Agreement Monitoring Report from the property owner on July 28, 2011. Based on staff's review of the Agreement and a site visit, the property remains in full compliance with the provisions of its Development Agreement. Saint John's Health Center 1328 22nd Street Agreement Effective: 6/9/1998 Amended: 7/12/2011 Expires: 6/912053 Reporting Period: 7/1/2010 to 7/1/2011 Full Compliance Confirmed 12 As amended in July 2011, the Saint John's Health Center Development Agreement grants approval for construction of new hospital facilities that would occur in two phases. Phase I consists of vested rights for the construction of a new 475,000 square foot hospital: • Below -grade central plant • Inpatient Center (205,000 SF & maximum height of 75 feet) • Outpatient and Diagnostic & Treatment Center (265,000 SF & maximum height of 58 feet) with ambulance entrance and North Lawn • Provide on- and off -site parking to meet peak facility demand and construct an Entry Plaza on Santa Monica Boulevard Phase II has a 17 -year vested rights term, subject to extension, to implement a health center master plan with sufficient floor area for health care - related uses and parking as outlined in the Agreement; the City retains broad discretion to review future applications for Phase II buildings. Key components include: • Permit construction of up to 799,000 square feet of hospital and hospital - related development with maximum building heights ranging from 70 -95 feet • Requires approval of a South Campus Master Plan prior to approval of any Phase II buildings • Development Review Application required for Phase II buildings • CEQA determination /review required for Phase II buildings Community Benefits Summary • Community Benefit Program and Annual Plan: Program to support the health and well -being of Santa Monica residents and community; the annual plan summarizes benefits provided and economic valuation. Calendar year 2010: Saint John's Health Center provided services and cash support equal to $8,145,814 plus an additional $22,045,899 in unreimbursed Medicare costs. Based on the past three years of community benefit data self - reported from non- profit Catholic hospitals throughout the state to California's Office of Statewide Health Planning and Development (OSHPD), the median dollar value of community benefits provided by these facilities was $30,931,478. Saint John's Health Center reported an average of $31,325,774 over the same three years, a 13 value that exceeds the median value of benefits provided by other non- profit Catholic general acute hospitals that self - reported data to OSHPD. • Santa Monica Community Access Plan: A component of the annual Community Benefit Program requiring the following health service activities: • In -kind and cash support to local non - profit agencies that service Santa Monica residents and to the Santa Monica Malibu Unified School District • Charitable medical and mental health services provided to patients that are clients of and directly referred by local non - profit organizations • Charitable medical and mental health services provided to patients that are students and directly referred by the School District • Free community services available to the general Santa Monica community that promote health education and preventative health services Annual minimum level of support: $732,000 dollar value subject to 1.5% compounded annual adjustment ($875,192 required for calendar year 2010). Saint John's Health Center provided health services valued at $5,259,235 during calendar year 2010 through its Santa Monica Community Access Plan, an amount that is over five times greater than its 2010 requirement. • Child Care Program: provide a minimum of 49 full -day child care for employees and the community; 21 of these spaces must be infant/toddler care • North Lawn: 41,000 SF public open space, including landscaping and walkways • Off -site traffic mitigation improvements: payment of a minimum of $332,000 in fees to the City to construct improvements • Off -site public works improvements: payment of $641,000 in fees to the City to construct sidewalks, curbs, streetlights, and street paving in the project area • Transportation Demand Management Program: enhanced by First Amendment • Light rail shuttle: 15 -month requirement to operate shuttle to /from Memorial Park Station (required by First Amendment) • Off -site transit improvements: $100,000 Contribution for Memorial Park light rail station upgrades (required by First Amendment) • Neighborhood protection measures: 11 requirements including establishing a community Ombudsperson, providing a reduced valet rate for parking 90 minutes or less, and paying for installation of a crosswalk at 21St StreeVArizona Avenue (required by First Amendment) 14 Status of Compliance The required annual compliance report was received on June 24, 2011. Staff has reviewed the Development Agreement, all of the supporting documentation provided to the City for the 2010 reporting year, and conducted a site visit during the annual review period. Based on this review, staff has determined that Saint John's Health Center in full compliance with the terms and conditions of its Development Agreement. Staff is also reviewing and monitoring new requirements established by the First Amendment to the Development Agreement approved in July 2011. Staff has held periodic meetings and discussions with Saint John's Health Center about Development Agreement compliance and has conducted a site visit to review the early implementation of new requirements and neighborhood protection measures. Staff's full review of compliance with these new terms will be presented to Council in January 2013. Finally, in response to the issue of neighborhood parking that arose during the First Amendment hearings in 2011, staff is evaluating the impact, and consistency with the Municipal Code, of allowing preferential parking permit holders to park at metered parking spaces adjacent to non - residential properties during meter hours or exclusively afterhours, and will report back to the Council at a later date. Rand Corporation 1776 Main Street Agreement Effective: 11/23/2000 Expires: 11/23/2055 Reporting Period: 11/23/2010 to 11/23/2011 Full Compliance Confirmed The Rand Corporation Agreement involved the demolition and remediation of the existing buildings on the 3.7 acre project site located at 1776 Main Street and the construction of a 308,869 SF headquarters for Rand Corporation. The new five -story, 15 69' tall building houses research - related facilities, management, staff cafeteria, fitness room, and meeting /conference rooms. Parking is provided in a four - level, 825 -space subterranean parking garage. Community Benefits Summary • Land dedication and construction of Vicente Terrace • Land dedication for Main Street Circle should this be constructed • TDM Program implementation • Policy Analysis Partnership on Childhood Development and Education including pursuing research funding for early childhood development • Early Childhood Development Research, including organizing conferences and maintaining a child policy website, www.promisingpractices.com f $500,000 contribution to Early Childhood Development Programs /Early Childcare Education in the Civic Center Status of Compliance The required annual compliance report was received by staff on November 14, 2011. A Minor Modification to the Development Agreement was approved in June 2011 allowing for the replacement of a pedestrian pathway with a requirement to transfer land to complete an alternative pedestrian pathway through the Civic Center Village Project, and the elimination of a condition requiring Rand to offer, for dedication, a portion of the property necessary to construct the Main Street Traffic Circle. Based on staff's review of the amended Development Agreement, the property owner is in full compliance with all required fee payments, public benefits, and operational requirements. Lantana East 3030 Olympic Boulevard Agreement Effective: 10/28/2004 Expires: 10/28/2024 Amended: 8/2008 Reporting Period: 10/28/2010 to 10/28/2011 Full Compliance Confirmed 16 Lantana East consists of a 3 -story, 64,105 SF building containing entertainment production /post - production studio space and a total 433 parking spaces provided in a subterranean parking garage and surface lot. Community Benefits Summary • $356,200 joint use improvement fee for improvements to Edison School, plus $35,600 paid annually for 5 years (requirement shared with Lantana South) • $266,650 childcare contribution • $90,000 arts fee • New public restrooms at Stewart Park • Construction of neighborhood traffic protection improvements Off -site roadway improvements Status of Compliance An estoppel certificate was issued in December 2009 and a Certificate of Performance was fully executed on April 1, 2010. An annual Development Agreement Compliance Report was submitted on July 20, 2011 for the 2010 -2011 reporting year. Based on staff's review of the Agreement, the property has been determined to be in full compliance with all Development Agreement fee payments, public benefits, and operational requirements. Lantana South 3131 Exposition Boulevard Agreement Effective: 10/28/2004 Expires: 10/28/2024 Amended: 8/2008 Reporting Period: 10/28/2010 to 10/28/2011 Full Compliance Confirmed Lantana South consists of a 3 -story, 130,000 SF building for entertainment production /post - production studio space with a total of 456 parking spaces located within a subterranean garage and surface lot. 17 Community Benefits Summary • $356,200 joint use improvement fee for improvements to Edison School, plus $35,600 paid annually for five years (requirement shared with Lantana East) $133,350 childcare contribution • $60,000 arts fee • Off -site roadway improvements Status of Compliance An estoppel certificate for the property was issued in December 2009. An annual Development Agreement Compliance Report was submitted in October 2011. As required by its Development Agreement, the Applicant has implemented neighborhood traffic protection measures in the neighborhood area bounded by Exposition Boulevard, Virginia Avenue, Stewart Street, and Centinela Avenue to mitigate potential traffic generated by the project. Measures included curb extensions with new landscaping, and wedge- shaped physical barriers at intersections. As part of the process established by the Development Agreement, the Applicant provided a traffic study with these measures in place once the Lantana South Building was occupied in order to review the effectiveness of these measures. The study compared the projected project traffic identified in the Certified Supplemental EIR with the actual traffic resulting from the project. In accordance with the Agreement, a community meeting was held in Fall 2011 to discuss the findings of the study, and to obtain resident opinion on the traffic measures. As part of the evaluation process established by the Development Agreement, staff will be reporting to Council with the study findings and residents' feedback regarding the neighborhood traffic protection measures implemented for the project. Based on staff's review of property, the Applicant is in full compliance with all Development Agreement .fee payments, public benefits, and operational requirements. 18 Projects Under Construction Saint Monica's Catholic Community 725 California Avenue Agreement Effective: 5/27/2010 Expires: 5 /27/2030 Project Under Construction The Saint Monica's Catholic Community Development Agreement consists of construction of a single -phase Campus Enhancement and Parking Improvement Plan on St. Monica's property. The project includes the following key components: • Demolition of existing Pastoral Center • Construction of a new Community Center (27,500 square feet) with three levels of subterranean parking (154 parking spaces) • Construction of a 7,700 square foot, six classroom addition to the High School East building • Renovation of the existing auditorium, gymnasium and other facilities Community Benefits Summary • TDM Program for students, employees, and parishioners • Shared Parking allowing neighborhood use of 15 parking spaces located at the off -site surface parking lot at 1140 7th Street during off -peak hours Availability of a community meeting space to city departments, community groups, and nonprofit organizations • Public use of the Bookstore /Coffee Bar during all operating hours Status of Construction The property owner submitted a compliance report on April 18, 2011. At the time of required report submittal, construction had not commenced. St. Monica's Catholic Community received, building permits in December 2011 and is commencing construction. It is anticipated that construction of Phase One will last approximately 12 m 4ti C� fly PAW �y C� The Saint Monica's Catholic Community Development Agreement consists of construction of a single -phase Campus Enhancement and Parking Improvement Plan on St. Monica's property. The project includes the following key components: • Demolition of existing Pastoral Center • Construction of a new Community Center (27,500 square feet) with three levels of subterranean parking (154 parking spaces) • Construction of a 7,700 square foot, six classroom addition to the High School East building • Renovation of the existing auditorium, gymnasium and other facilities Community Benefits Summary • TDM Program for students, employees, and parishioners • Shared Parking allowing neighborhood use of 15 parking spaces located at the off -site surface parking lot at 1140 7th Street during off -peak hours Availability of a community meeting space to city departments, community groups, and nonprofit organizations • Public use of the Bookstore /Coffee Bar during all operating hours Status of Construction The property owner submitted a compliance report on April 18, 2011. At the time of required report submittal, construction had not commenced. St. Monica's Catholic Community received, building permits in December 2011 and is commencing construction. It is anticipated that construction of Phase One will last approximately 12 m months. Staffs review of compliance with terms for the 2011 -2012 reporting year will be provided to Council in January 2013. Agensys 1800 Stewart Street Agreement Effective: 10/28/2010 Expiration: at termination of ground lease Project Under Construction The Agensys Agreement permits a project including the following key components: • 24,625 square feet for administration offices and entry lobby • 45,590 square feet for manufacturing of new cancer treatments • 72,050 square feet for research and development _ • 11,390 square feet of meeting rooms, employee amenities including a cafeteria open to the public during lunchtime hours • 5,140 square -feet of publicly accessible open space • Publicly accessible pedestrian path to allow access to the Bergamot Station site and future Expo Line light rail station Surface parking for 200 -220 cars Community Benefits Summary • Publicly accessible pedestrian path • Publicly accessible passive open space along Stewart Street • Widened sidewalk along Stewart Street • Cafe open to pedestrians during limited daytime hours • TDM Program geared to the project site's location within a "Higher Goal" District designated by the LUCE • Sculpture garden with up to 10 sculptures adjacent to the pedestrian path • Local hiring program including a job fair and a local hiring policy • Student internship program 20 • Student tours • Signage and way- finding system • Shared parking for events at Bergamot Station • Continued community outreach • Transit contribution toward improved transit infrastructure focused on bicycle access at the light rail station Status of Construction Construction for the project began in Spring 2011. It is anticipated that the facility will open later in 2012. Staff's review of compliance with terms for the 2011 -2012 reporting year will be provided to Council in January 2013. Update on Proiects Not Under Construction The Village 1725 Ocean Avenue Agreement Effective: 5/27/2008 Expires: 12/31/2028 Going Through Plan Check Process Compliance Not Required at this Time P ll : The Village development provides six residential buildings with approximately 324 residences, and approximately 20,000 square feet of commercial retail on three separate development sites. The following summarizes key project components: Site A: • Two condominium buildings, with ground floor retail on Ocean Avenue • Olympic Drive and Main Street frontages with approximately 66 residences • Maximum 65' building height • 109,346 gross square feet (GSF) of residential and 9,930 GSF of retail uses • 180 parking spaces 21 Site B: • Four affordable apartment buildings with ground -floor live /work space • Approximately 28 one - bedroom, 56 two - bedroom, and 66 three - bedroom units • 10 affordable units of live /work space intended for artists • Maximum 60' building height • 191,549 GSF • 197 parking spaces Site C: • One condominium building with ground floor retail • Approximately 98 one - bedroom and 98 two - bedroom residences • Maximum 96' building height • 159,288 GSF of residential and 7,400 GSF of retail uses • 237 parking spaces Status of Compliance The project is currently in the plan check process and it is anticipated that building permits will be issued in early 2012. Staff's review of compliance with terms for the 2011 -2012 reporting year will be provided to Council in January 2013. Hill Street Partners III 1333 -1337 Ocean Avenue Agreement Effective: 6/07/2007 Expires: 6 /07/2027 Compliance Not Required at this Time 1331 OCEAN AVE i e This Development Agreement allows development of a new 73 -room hotel which includes the adaptive re -use of two designated City Landmark properties. The project contains a total of approximately 41,810 square feet over a 129 space subterranean garage. The project includes the demolition of two commercial buildings on the property and the on -site re- location of the Landmark Victorian building to create a publicly WA accessible plaza in the center of the site. Plan check applications for building permits have not yet been submitted for this project. Status of Compliance Since this project has not advanced to issuance of a building permit, public benefits have yet to be realized and there are no compliance issues to report. Colorado Creative Studios 2834 Colorado Avenue Agreement Effective: 9/22/2011 Expires: 9122/2026 Compliance Not Required at this Time e� P PJ� �s This Development Agreement authorizes the construction of a four -story, 191,982 square foot mixed -use creative arts /entertainment production building over a three -level subterranean parking garage with up to 640 parking spaces. The site includes landscaping and seating areas and the building also features ground floor neighborhood serving uses. Community Benefits Summary • Dedicated 62 -foot wide surface easement for the extension of Pennsylvania Avenue and construction of roadway, curb, and gutters • Contribution to Expo station enhancement at Bergamot of approximately $363,000 • Widened sidewalks along Stewart Street to enhance the pedestrian environment • Community cafe • Internships to Santa Monica College students or Santa Monica residents • Shared parking program • TDM Program implementation • Local hiring program for construction - related jobs 23 Status of Compliance Since this project has not advanced to issuance of a building permit, public benefits have yet to be realized and there are no compliance issues to report. 702 Arizona Avenue Agreement Effective: 12/8/2011 Expires: 12 /8/2021 Compliance Not Required at this Time This Development Agreement authorizes construction of a new, four -story mixed -use building with approximately 6,276 SF of neighborhood - serving commercial space on the ground floor, 49 residential units on the upper floors, and two levels of subterranean parking. Community Benefits Summary • TDM Program that includes secure bicycle storage for residents, employees, and visitors • $50,000 contribution towards transit infrastructure in the Downtown area • Infrastructure for potential future installation of electric vehicle charging stations • Achievement of a minimum LEED Silver certification or a demonstrated equivalent sustainable design status Local hiring program • Urban design features including a small pedestrian courtyard and walkway Status of Compliance Since this project has not advanced to issuance of a building permit, public benefits have yet to be realized and there are no compliance issues to report. 24 1153 JQ p J0J 1310 yD�p. pQ 224 13]2 1316 1l'A 63E 1325 'H�.,. 4GV 1]19 1]31 Illl 1319 1119 IHS 6'lV This Development Agreement authorizes construction of a new, four -story mixed -use building with approximately 6,276 SF of neighborhood - serving commercial space on the ground floor, 49 residential units on the upper floors, and two levels of subterranean parking. Community Benefits Summary • TDM Program that includes secure bicycle storage for residents, employees, and visitors • $50,000 contribution towards transit infrastructure in the Downtown area • Infrastructure for potential future installation of electric vehicle charging stations • Achievement of a minimum LEED Silver certification or a demonstrated equivalent sustainable design status Local hiring program • Urban design features including a small pedestrian courtyard and walkway Status of Compliance Since this project has not advanced to issuance of a building permit, public benefits have yet to be realized and there are no compliance issues to report. 24 13177 th Street Agreement Effective: 12/8/2011 Expires: 12/8/2021 Compliance Not Required at this Time 1307 625 1, ll.V 632 1325 62V 131V 3333 1]3V 1]LV �, I3,V I3A5 This Development Agreement authorizes construction of a new, five -story mixed -use building with approximately 2,929 SF of neighborhood - serving commercial space on the ground floor, 57 residential units on the upper floors, and two levels of subterranean parking. Community Benefits Summary • One extra on -site affordable housing unit • TDM Program that includes secure bicycle storage for residents, employees, and visitors Y $50,000 contribution towards transit infrastructure in the Downtown area Y Infrastructure for potential future installation of electric vehicle charging stations Achievement of a minimum LEED Silver certification or a demonstrated equivalent sustainable design status Local hiring program • Urban design features including a small pedestrian courtyard and walkway Status of Compliance The 1317 7th Street project has not advanced to issuance of a building permit, therefore, public benefits have yet to be realized and there are no compliance issues to report. 25 3253 Q ]OJypOPP 1310 o 1312 1307 625 1, ll.V 632 1325 62V 131V 3333 1]3V 1]LV �, I3,V I3A5 This Development Agreement authorizes construction of a new, five -story mixed -use building with approximately 2,929 SF of neighborhood - serving commercial space on the ground floor, 57 residential units on the upper floors, and two levels of subterranean parking. Community Benefits Summary • One extra on -site affordable housing unit • TDM Program that includes secure bicycle storage for residents, employees, and visitors Y $50,000 contribution towards transit infrastructure in the Downtown area Y Infrastructure for potential future installation of electric vehicle charging stations Achievement of a minimum LEED Silver certification or a demonstrated equivalent sustainable design status Local hiring program • Urban design features including a small pedestrian courtyard and walkway Status of Compliance The 1317 7th Street project has not advanced to issuance of a building permit, therefore, public benefits have yet to be realized and there are no compliance issues to report. 25 401 Broadway Agreement Effective: February 9, 2012 Expires: February 9, 2022 Compliance Not Required at this Time 1,143 v rays A Q AOb This Development Agreement was approved by Council on January 10, 2012 and authorizes construction of a new, five -story mixed -use development project consisting of 56 residential units and 4,159 SF of ground floor commercial space. Community Benefits Summary • TDM plan with measures applicable to both the commercial and residential components of the project • $125,000 contribution towards transit and circulation infrastructure in the Downtown area • Ground floor arcade that enhances the adjacent sidewalks providing additional space for pedestrians at the street corner • One on -site affordable housing unit exceeding the minimum five units required pursuant to the City's Affordable Housing Production Program • Minimum LEED Silver certification as established by the LEED Rating System or a demonstrated equivalent sustainable design status O Roof- mounted photovoltaic solar panels Local hiring provision to facilitate the employment of local workers during construction Status of Compliance The 401 Broadway project has not advanced to issuance of a building permit, therefore, public benefits have yet to be realized and there are no compliance issues to report. Summary of New TDM Program Measures The following discussion provides, in response to Council's request, a summary of new Transportation Demand Management Program measures required with new and 26 amended Development Agreements in conjunction with the City's implementation of the 2010 Land Use and Circulation Element. Since 2010, there have been eight Development Agreements that incorporated new TDM Programs, including two amendments (Yahoo Center and Saint John's Health Center) and six newly- executed Agreements (Saint Monica's Catholic Community, Agensys, Colorado Creative Studios, 702 Arizona Avenue, 1317 7th Street, and 401 Broadway). Each Development Agreement that has been either amended or newly- adopted since 2010 includes requirements that support the City's transportation strategy and broader goals of reducing single- occupancy vehicle trips and associated parking demand, and increasing use of alternative means of transportation including public transit, bicycles, and walking. A summary of the key requirements imposed for each of these eight Agreements is provided in the following table: Summary of TDM Plan Measures Required Since 2010 Development Average Bicycle Parking & Transit Transportation SharmployeAgreements Vehicle Amenities Station Management Parking CashouRidership Fee Association (TMA) Facility Incentives (AVR) _ Fahl -and - Transit Coordinator Yahoo Center • 1. AVR 5 • 117 bicycle •Establish and Provides • Yes parking spaces operate facility -wide shared • 1.6 AVR TMA parking • Yes with light facility rail Saint John's . 1.5-AVR • 90 bicycle $100,000 Required . Co -lead TMA Utilizes • Yes Health Center - parking spaces 18 -month formation in off -site • shuttle Healthcare District shared • Yes wkh IAiVR .Shower &locker operation parking rail • Provide space for Fund TMA facility future bicycle feasibility study sharing station Participate in future Healthcare District TMA Saint - • 1.5 AVR . • M bicycle • Assist in formation Provides • Yes Monica's parking spaces of geographic- shared Catholic based TMA if City parking ,yes Community Shower & locker requires facility • Participate in future geographic -based TMA Y.fl Development ycle Parking & Transit Transportation Shared Agreements enities Station Management Parking Fee a Association (TMA) Facility Par�flcipate Yes ,a king spaces ic geogriphic- ase to share 1.75 AVR TMA parking in Yes with light S h,"r 8, locker future rail 64 bicycle $363,200 Participate in future Provides Yes Creative parking spaces geographic-based shared Studios 1.75 AVIR TIVIA parking Yes with light Shower& locker facility rail Provide space for future bicycle sharing station 5 _-Participate in future Pen-nitWcI yes Avenue b 111"dylar parking spaces geographic-based to share F ofo,xupancy TIVIA parking Yes Shower & locker future -7 parking spaces geographic-based to share ofoccupancy TMA parking in Yes Shower& locker future U-113-ro—adyvay b cycle e $12-5,060 --Participate 'in future third yea rbk F/a Public Outreach The Code requires that that the City provide at least 10 days' notice to the applicant or successor in interest of the City Council's scheduled meeting to review the Development Agreement. This notice has been provided. Next Steps Staff will continue its ongoing Development Agreement compliance review; reports will be made tO Council annually iOJanuary. 28 Financial Impacts & Budget Actions All fees associated with constructed Development Agreements have been paid to date. The recommendations presented in this report do not have any direct budget or fiscal impact. Prepared by: Roxanne Tanemori, AICP, Senior Planner Approved: [avid Martin Director, Planning & Community Development ME Forwarded to Council: Rod Gould City Manager