O2406City Council Meeting 08 -14 -12
Santa Monica. California
ORDINANCE NUMBER 2406 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATION AND THE RAND CORPORATION, A CALIFORNIA NON-
PROFIT CORPORATION
WHEREAS, on or about November 23, 2000, the RAND Corporation ( "RAND ")
and the City of Santa Monica ( "City ") entered into a Development Agreement
recorded in the Official Records of the County of Los Angeles, State of California on
February 1, 2001, as Instrument No. 01- 0176770 (the "Development Agreement "),
authorizing the construction of RAND's approximately 309,000 square foot
headquarters at 1776 Main Street; and
WHEREAS, on February 14, 2012, RAND filed an application to amend the
Development Agreement ( "First Amendment "); and
WHEREAS, the First Amendment would convert approximately 18,216 square
feet of area within Parking Level P1 of RAND's 1776 Main Street facility, which
contains 56 parking spaces, into primarily offices (one additional space is lost on level
P2) to relocate publications production, warehousing and distribution, a call center,
and research offices currently located across First Court alley in the Maguire Thomas
building at 1733 Ocean Avenue; and
WHEREAS, the First Amendment will provide for greater safety for RAND
employees currently in the Maguire Thomas building as the immediate area of First
Court alley is currently a major construction zone for The Village project and, in
addition, once the Village project is completed and occupied, First Court alley will be
a major vehicle access point to the development; and
WHEREAS, the First Amendment only involves the conversion of
subterranean parking area to offices within an existing building where it has been
demonstrated that the reduction in parking area will not affect the number of available
parking spaces necessary to meet the peak demand of employees and visitors to
RAND's 1776 Main Street facility; and
WHEREAS, the First Amendment to 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:
"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)
"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 a pedestrian - friendly urban landscape by reducing the amount of
urban space dedicated to parking." (LUCE Sustainability and Climate
Change p. 3.1 -10)
VA
"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)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The First Amendment to the Development Agreement attached
hereto as Exhibit 1 and incorporated herein by reference between the City of Santa
Monica, a municipal corporation, and the RAND Corporation, a California non - profit
corporation, is hereby approved. The City Manager is authorized to execute the
attached First Amendment to the Development Agreement.
SECTION 2. Each and every term and condition of the FirstAmendment to 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.
3
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published 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�
4MARA JON MOUTR
City t ey
Iv
EXHIBIT 1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
Recording requested and return to:
RAND Corporation
1776 Main Street
Santa Monica, CA 90407 -2138
Attn: Donn Williams
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA MONICA
AND
RAND CORPORATION
Dated: August 14, 2012
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
This Amendment No. I to Development Agreement ( "Amendment No. 1) is entered into
as of August 14, 2012, 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 RAND
CORPORATION, a California non - profit corporation ( "RAND "), with reference to the
following facts:
A. The City and RAND entered into that certain Development Agreement dated
November 23, 2000 and recorded in the Official Records of the County of Los Angeles on
February 1, 2001 as Instrument No. 01- 0176770 (the "Agreement ").
B. The Agreement relates to the real property located in the City of Santa Monica, State
of California, described in Exhibit A attached hereto (the "Property "). RAND holds legal title to
the Property. The Property is developed with an office building and related uses and a
subterranean parking structure, commonly known as the RAND headquarters (the "Project ").
C. On or about June 16, 2011, the City Director of Planning and Community
Development approved a Minor Modification to the Agreement to revise Section 2.7.1(b) to
delete the requirement that RAND dedicate land for a new traffic circle on Main Street and to
modify Section 2.7.1(d) to require RAND to construct an Emergency Access Path in lieu of the
Pedestrian Path originally contemplated in the Agreement.
D. The Project was constructed to consolidate RAND's operations in a new headquarters
building; however, RAND continues to occupy space at 1733 Ocean Avenue, Santa Monica,
located adjacent to the Property (the "Adjacent Property "), for production and office uses.
RAND desires to incorporate those uses into the Project to reduce trips, improve operational
efficiency and to enhance the safety of its employees, who currently must walk between the
Property and the Adjacent Property by crossing an alley that is becoming more frequently used
by vehicles in the area.
E. Through prolonged and detailed monitoring, RAND has documented a surplus of
parking spaces in the Project's subterranean parking structure.
F. RAND and the City desire to amend the Agreement in the manner set forth herein in
order to permit RAND to renovate the first floor of the Project's subterranean parking structure
to remove up to 57 parking spaces and add up to 17,300 square feet of floor area for RAND's
production and office uses.
G. The City has determined that the modifications to the Agreement set forth herein are
consistent with the goals and policies of the City's Land Use and Circulation Element ( "LUCE "),
including the following:
(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 a pedestrian - 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)
H. The City Planning Commission held a duly noticed public hearing on May 16, 2012
with respect to the Amendment No. 1 and recommended that the City Council adopt the
proposed amendment.
L In taking this action, the City Council has (a) specifically considered and approved the
impacts and benefits of the requested Amendment No. I and has concluded that this Amendment
No. 1 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
Government Code Section 65864, et. seq., and Santa Monica Municipal Code Chapter 9.48 with
respect to Amendment No. 1, and (c) duly authorized the City to enter into this Amendment No.
1.
NOW, THEREFORE, IN CONSIDERATION of the foregoing facts and the mutual
covenants set forth herein, the parties hereto agree as follows:
The Agreement is hereby amended in the following respects:
a. Project Description. The Project Plans and Schematics, as defined in the
Agreement, are amended with respect to Level P -1 Parking as shown on the P -1 Floor Plan
attached as Exhibit B to this Amendment No. 1 (the "P -1 Floor Plan "). All references to the
Project Plans and Schematics in the Agreement, including Sections 2.1 and 2.5, shall refer the
Project Plans and Schematics as so amended. In the event of any conflict or inconsistency
between the text of the Agreement or the Project Plans and Schematics, on the one hand, and the
P -1 Floor Plan and this Amendment No. 1, on the other, the P -1 Floor Plan and this Amendment
No. 1 shall control.
b. Permitted Floor Area. The third sentence of Section 2.2 of the Agreement is
amended to read as follows:
"The Floor Area of the Project shall not exceed 326,169 square feet."
c. Principal Components of the Subterranean Parking Garage. Section 2.2.10) of
the Agreement is amended to read as follows:
"Subterranean parking, including carpools, vanpool and bicycle parking. The first
level of the parking garage may also include up to 17,300 square feet of production and office
uses, including a warehouse and distribution center, call center, research offices, and storage."
d. Parking. Section 2.8 of the Agreement is amended to read as follows:
"Except for the drop -off vehicle zones reserved at the entry court, all parking shall
be located in the Subterranean Garage as shown on the Project Plans. The Project shall provide a
minimum of 768 parking spaces. The provisions of this Section 2.8 set forth the exclusive off -
street parking requirements for the Project and supersede all other minimum parking
requirements under the Existing Regulations, including Part 9.04. 10 of the Zoning Code."
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.
IN WITNESS WHEREOF, this Amendment No. 1 has been executed as of the date first
above written.
APPR V D A TO F RM:
it Attorn
CITY OF SANTA MONICA, a municipal
corporation
By:_
City Manager
Attest:
City Clerk
RAND Corporation, a California non - profit
corporation
in
Title:
Exhibit A
Legal Description
EXHIBIT A- I
m
Dcvelopnicnt Aeffee'nlent
-.'c 1FT10N OF RETENT -40N' FhOFERT`'
c i L T` " Ah'C' C I P.i-.C'.. Ti NC. "ice =i (N I HE CiT„ .r�.� SAN li
MONIC:,. COUN -Y OF LOS ANGELES. STATE OFF CALIFORNIA. AS PER MAP RECCRDEC
IN BOOK 1E FACE E°- OF MAPS IN i r;E OFFICE OF THE COUNT" RECORDER OFF SAIC
COUNT``, TOGETHER WITH THAT PORTION OF THE RANCHO SAN VICENTE Y SANTF
MONICA. IN SAID CI r', COON i " AND STATE AS PER MAP RECORDED IN BOOK 3 PAGES
30 AND �1 OF PATENTS IN THE OFFICE OF SAID COUNTY RECORDER DESCRIBED AS . <.
WHOLE AS FOLLOWS:
EEGINNING AT THE IN T ERSECTION OF THE NORTHEASTERLY LINE OF OCEAN
AVENUE, 100 FEET WIDE WITH THE NORTHWESTERLY LINE OF PICO AVENUE
FORMERLY FREMONT AVENUE, 80 FEET WIDE AS BOTH STREETS ARE SHOWN ON
SAID MAP OF TRACT NC. 1347; THENCE ALONG SAID NORTHEASTERLY LINE OF
OCEAN AVENUE, NORTH 44`19'00' WEST 315.24 FEET TO THE SOUTHEASTERLY LINE
OF THAT FARCEL SHOWN ON MAP FILED IN BOCK 112 PAGE 45 OF RECORDS OF
SURVEY IN THE OFFICE OF SAID COUNTY RECORDER AS HAVING A BEARING AND
DISTANCE OF'NORTH 45`41'04- EAST 349.82 FEET": THENCE ALONG SAID LINE, NORTH
°`41'04" EAST 110.01 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT
INTERSECTION OF SAID LINE WITH THE SOUTHEASTERLY PROLONGATION OF
HE NORTHEASTERLY LINE OF FIRST COURT, 20 FEET WIDE AS SHOWN ON SAID'MAF
OF RECORD OF SURVEY; i HENCE CONTINUING ALONG SAID LINE, NORTH 45041'0`:'
EAST 179,81 FEET TO THE WESTERLY LINE OF MAIN STREET, 80 FEET WIDE AS
SHOWN ON SAID MAP OF RECORD OF SURVEY; THENCE ALONG SAID WESTERLY
LINE. NORTH 15`19'02' WEST 2 9E.71 FEET TO THE BEGINNING. OF A TANGENT CURVE.
CONCAVE SOU i HWESTERLY HAVING A RADIUS OF 2CK1.00 FEET, NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28`54'54" AN ARC DISTANCE OF
101.22 FEET AND NORTH 44`18'56" WEST 345.20 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET, A
RADIAL LINE TG SAID CURVE BEARS NORTH 58`50'19" WEST, SAID CURVE BEING
TANGENT AT ITS POINT OF ENDING TO A LINE PARALLEL WITH AND DISTANT
WESTERLY 12.50 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF
THAT CERTAIN 15.00 FOOT'WIDE EASEMENT FOR STORM DRAIN RECORDED IN BOOK
E73E PAGE 396 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED IN SAID OFFICIAL RECORD AS HAVING A BEARING ANC
LENGTH OF 'NORTH 8`13'25' WEST 313.34 FEET -; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 3E`57'1E- AN ARC DISTANCE OF 135.9E
FEET TO SAID FARALLEL LINE; THENCE ALONG SAID PARALLEL LINE AND ITS
SOUTHERLY PROLONGATION, SOUTH 7`47'35 EAST 401.79 FEET TO SAID
NORTHEASTERLY LINE OF FIRST COURT, 20 FEE i WIDE; THENCE SOUTHEASTERLY
ALONG SAID LINE AND ITS SOUTHEASTERLY PROLONGATION', SOUTH 44 °16'57 EAS1
305.9E FEET TC THE TRUE POINT OF BEGINNING.
EZHBIT A -1
Exhibit B
P -1 Floor Plan
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Approved and adopted this 14th day of August, 202.
Richa d Bloc
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
)m, Mayor
I, Denise Anderson - Warren, Assistant City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2406 (CCS) had its introduction
on July 24, 2012, and was adopted at the Santa Monica City Council meeting
held on August 14, 2012, by the following vote:
Ayes: Council members: Holbrook, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: Shriver, McKeown
A summary of Ordinance No. 2406 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
VIA, !f/, /�/�.E18✓
Denise Anderson- Warren, Assistant City Clerk