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SR-01-28-2014-3DAIIIIIIIIIIIIII City Council Report City of Santa Monica" City Council Meeting: January 28, 2014 Agenda Item:,a -1) 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 3) Review the status of Development Review Permit compliance at 2415 -2443 Main Street (Edgemar Property) Executive Summary This report provides an annual summary of the status of compliance for each of the 26 Development Agreements that are currently in effect and subject to annual compliance report submittals. Council reviewed the status of Development Agreement compliance most recently at its January 22. 2013 meeting. This year's summary includes review of all 14 completed projects, three projects that are under construction, and the status of the remaining nine Agreements where construction has not commenced. Attachment "A" to this staff report provides a summary of the Transportation Demand Management (TDM) Program requirements that have been imposed on new and amended Development Agreements since 2010. Based on staffs review of each of the 14 projects already built and the annual reports submitted by the developers or successors -in- interest to demonstrate good faith compliance, staff recommends Council determine that 13 of these Agreements are in good faith compliance with requirements specified for each property. As discussed more fully in this report, three properties are implementing additional transportation demand management measures to help achieve the numeric peak -hour Average Vehicle Ridership (AVR) targets identified in each Agreement. 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 January 2015. 1 Finally, per Council's October 22, 2013 direction provided in conjunction with its review of an appeal of a Conditional Use Permit approval for the tenant space located at 2433 Main Street, this report contains a brief summary of the status of compliance with conditions of approval for Development Review Permit 96 -001, Conditional Use Permit 97 -004, Variance 96 -001, and Conditional Use Permit 96 -011. These entitlements were approved on appeal by Council on December 2 1997 for the property commonly known as the Edgemar Project located at 2415 -2443 Main Street. 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, 26 Development Agreements have been enacted that are still in effect. 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 26 Development Agreements monitored by the Planning and Community Development Department are listed below and include nine Agreements where construction has not yet commenced. Development Good Faith Working to Achieve Under Construction Has Agreements (26) ( Compliance Compliance (1) Construction (3) Not Commenced (9) (13) Colorado Placell &ll (Colorado Center) poet) Paseo Del Mar (1982) _.._. • ..__. . (._ _. _.. _ __.. National Medical Enterprise -- (Viacom) (1982) Bayview CA Unlimited Partnership L... (Le Meridien Delfna) (1983) Arboretum (1987)_.. _... __• .l__. _._. _... _. _... _... Water Garden (ioae) _... l.__. _. _.. _... Santa Monica College _... • I..... .... __ _ _. __. Parking & Pool (1989) Maguire Thomas (490) _.. (..... _.. .l_.. _... _. __.... Saint John's Health Center (1998) 1 l Rand (2000) Lantana East (2008) _ __ • l._.. __. I_... I _ _.. _.._ I Lantana South (2004) _ I ..... • L._.. _ -... _.._. __. ... CCCDevelopment Good Faith Working to Achieve C Under Construction Has I Agreements (26) Compliance Compliance (1) Construction (3) Not Commenced (9) (13) The Village (2008) Saint Monica's Catholic Community -• (2010) Agensys (2010) _... __. I __. __.. •..._ _ _.. _... - -_ __. Colorado Creative Studios (201 1) 702 Arizona Avenue (2011) _.. -... _._ f._.. • _.. __. __._ ___ 131771 "Street (2011) 401 Broadway (2011) 710 Wilshire Boulevard (2o12) 15486 "Street (2012) 2930 colorado Avenue W13) 113182n° Street (2013) 1731201h Street (2013) _.,._.... 15545 m Street (2013) I • 501 Colorado Avenue(2o13) ,.. f Hill Street Partners III (2007) I ltx2iirred In (- As explained in the compliance report submitted to Council in 2010 -2013, there are also five very early Development Agreements: e Lincoln Property /Phase II of the Ocean Park Redevelopment Area 1426 California Avenue e 2823 -2825 Santa Monica Boulevard ® 10404 th Street (Dorchester) ® 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. The Dorchester, which was one of the City's earliest efforts to create affordable housing, is the only project in the City that includes affordable units that are condominiums, instead of apartments. The model proved to be problematic in several 3 ways. There were problems with recordation and notification of the affordability requirement. Some of the unit owners purchased intending to live there themselves or house a family member. Many purchased with arguably insufficient notice of the restrictions. Most had no experience in property management, much less the management and financing of a lone affordable unit. For the Housing Division's monitoring period in 2013, nine of the fourteen owners (one owner has two units) have reported that they are complying with the Development Agreement. Two of the unaccounted units had submitted reports previously and those cases have been referred to the City Attorney's office. Three of the remaining owners have entered or about to enter into settlement agreements with the City. Discussion As noted above, as a result of staff's review of all 26 Development Agreements subject to compliance reporting, 13 of the 14 constructed projects have been determined to be in good faith compliance. One property, Agensys, is in discussions with City staff and working to achieve compliance with its 1.6 AVR requirements for the a.m. and p.m. peak -hour periods (6:00 a.m. to 10:00 a.m. and 3:00 p.m to 7:00 p.m., respectively). There are two other properties, Saint John's Health Center and Colorado Center that are required to modify, subject to the Planning Director's approval, current TDM plans to incorporate and implement additional measures to help work toward achieving the peak - hour 1.5 AVR targets that are structured as goals, instead of requirements, in both Agreements. Since Council's last annual review of Development Agreement compliance, five new Agreements have been executed: 2930 Colorado Avenue, 1318 2nd Street, 1731 20th Street, 1554 5th Street, and 501 Colorado Avenue; none of these projects has started construction. 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 three projects under construction and nine Agreements where construction has not yet commenced. Attachment "A" to this report also provides a summary of TDM program measures that 4 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. Recommend Finding of Good Faith Compliance: Completed Proiects Colorado Place 1 & 11 (Colorado Center) 26002800 Colorado Avenue Agreement Effective: 10/27/1981 Expires: 9 /15/2036 Amended: 4/1984; 7/1984; 5/1985; 12/1987; 6/2011 Reporting Period: 10/27/2012 to 10/27/2013 Good Faith 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 5 Status of Compliance The required annual compliance report was received on October 25, 2013. The property owner is in compliance with all Development Agreement fee payments and community benefits associated with requirements in effect during the 2011 -2012 reporting period. The property owner has undertaken the enhanced Transportation Demand Management Program that was approved by Council on June 28, 2011 as a requirement of the Fifth Amendment to the Development Agreement that permits leasing of up to 1,035 parking spaces to off -site parties. Some of these measures include implementing a Transportation Management Association that serves all employers on site, establishing baseline Average Vehicle Ridership data for the entire site by conducting transit surveys and collecting data from both large and small employers, creating a transit/rideshare information center and website, and increasing on -site bicycle parking. The Fifth Amendment identifies a 1.5 Average Vehicle Ridership (AVR) target for both the a.m. and p.m. peak periods starting in. November 2013. Colorado Center management collected survey data for both large and small employers to determine its site -wide average vehicle ridership during the a.m. and p.m. peak periods. This expanded survey effort included employers with more than 50 employees, as well as employers with fewer than 50 employees; the latter are not currently required to perform employee trip surveys. This combined survey data for all Colorado Center employers yielded a 1.40 AVR during the a.m. peak period and 1.35 AVR during the p.m. peak period. In the case of the amended Colorado Center Agreement, these AVR peak - period targets are structured as goals with the requirement to implement additional transportation demand management measures to work toward achieving the stipulated AVR goals. Staff met with the property owner, Equity Office, on December 18, 2013 to discuss additional single- occupancy vehicle trip reduction measures to implement at Colorado Center. It is anticipated that the final set of measures will be identified at the beginning of February and implemented immediately thereafter through Colorado Center's site - wide Transportation Management Association and Transportation Coordinator. Collection of Fall 2014 employee trip data will help to evaluate whether additional measures and actions will be required again at the end of the year. In accordance with the Fifth Amendment, the property owner held its third annual community meeting on October 15, 2013 to discuss Development Agreement compliance with residents in the vicinity of the project site. In response to community input provided at this meeting, the property owner is evaluating where a community board can be posted on site to allow nearby residents to post information and /or advertisements. As well, a request was made to repair a portion of the playground surface; Equity Office staff indicated this work item has already been included in Colorado Center's 2014 budget. Paseo Del Mar 1541 Ocean Avenue Agreement Effective: 1/26/1982 Expires: 10/1/2031 Reporting Period: 1/26/2012 to 1/26/2013 Good Faith Compliance Confirmed q41 P 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 a 10 deed - restricted affordable housing units at a prime oceanfront location a $75,000 Art and Social Service fee or in -kind provision of art on -site a Parking, Carpool, and Transit Incentive Program 7 Status of Compliance The required annual compliance report was received on December 20, 2012 with additional information provided on January 13, 2014. Planning and Housing and Economic Development staff reviewed the information for the 2012 -2013 reporting period and verified that the property owner is in compliance with Agreement requirements, including affordable housing obligations. National Medical Enterprise (Viacom) 2700 Colorado Avenue Agreement Effective: 4/16/1982 Expires: 4116/2037 Amended: 1/1987; 4/1987; 5/1988 Reporting Period: 4/16/2012 to 4/16/2013 Good Faith Compliance Confirmed a V;* 'Sr fo ,c xy e� The project consists of a five -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 September 3, 2013. Staff has verified compliance with all Development Agreement requirements for the 2012 -2013 reporting period. In addition, the child care facility has continued their outreach efforts by hosting an open house for tenant employees to ensure the facility continues to 0 UAL r a V;* 'Sr fo ,c xy e� The project consists of a five -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 September 3, 2013. Staff has verified compliance with all Development Agreement requirements for the 2012 -2013 reporting period. In addition, the child care facility has continued their outreach efforts by hosting an open house for tenant employees to ensure the facility continues to 0 provide child care programming that meets the needs of children of employees who work at the project site. Accordingly, staff's review of the Agreement indicates that the property is in compliance with all requirements. Bayview CA Unlimited Partnership (Le Meridien Delfina Hotel) 530 Pico Boulevard Agreement Effective: 6/29/1983 .Expires: 12/1/2022 Reporting period: 6/29/2012 to 6/29/2013 Good Faith 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 Le Meridien 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 (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 6`h Street ® Installation of public art piece approved by the Arts Commission 91 b. 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 Le Meridien 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 (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 6`h Street ® Installation of public art piece approved by the Arts Commission 91 Status of Compliance The required annual compliance report was received on December 16, 2013. Staff has reviewed the annual report and determined that the property owner is in compliance with all reporting year requirements, including provisions addressing operational requirements, community benefits, and fees. During the reporting year, the hotel 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), and the Santa Monica Chamber of Commerce. The Le Meridien Delfina also hosted a Career Fair in May 2013. Arboretum (Previously Colorado Place 111) 2000 Colorado Avenue Agreement Effective: 12/16/1987 Expires: 1/1/2042 Amended: 12/1988; 2/1995 Reporting Period: 12116/2012 to 12/16/2013 Good Faith Compliance Confirmed s �r off,. V� 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 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. 10 Community Benefits Summary e TDM Program/Traffic Emission Abatement Program e $721,318 Housing Parks Mitigation Fee e $5,000,000 Traffic Improvement Fee e On -site art installation e $250,000 child care contribution Status of Compliance The property owner's annual compliance report was submitted on December 10, 2013. After reviewing Agreement terms and all of the supporting documentation provided to the City, staff has determined that the Arboretum is in compliance with Development Agreement fee payments, remaining community benefits, and operational requirements. In addition, there are currently no active code compliance issues for any of the subject addresses associated with this Development Agreement. Water Garden 1620 26" Street & 2425 Olympic Boulevard Agreement Effective: 3/23/1988 Expires: 3/23/2043 Reporting Period: 3/23/2012 to 3/23/2013 Good Faith Compliance Confirmed Qm: . m, N 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. The development also includes an open space area and man -made lake. Community Benefits Summary • $3,811,307 Housing and Parks Mitigation Fee payment • On -site child care facility for 54 children 11 • $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 June 24, 2013, staff has determined that the Water Garden is in compliance with all Development Agreement fee payments, community benefits, and operational requirements. Santa Monica College Parking and Community Pool 1900 Pico Boulevard Agreement Effective: 11/14/1989 Expires 12 /31 /2014 Amended /Restated: 1/1999; 12/2000 Reporting Period: 11/14/2012 to 11/14/2013 Good Faith Compliance Confirmed This Development Agreement covers specific locations on the Santa Monica College Campus, including three 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. 12 p, Os M This Development Agreement covers specific locations on the Santa Monica College Campus, including three 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. 12 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 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 compliance with all Development Agreement community benefits and operational requirements. Maguire Thomas 1733 Ocean Avenue Agreement Effective: 10/18/1990 Expires: 10/18/2045 Amended: 12/1995 Reporting Period: 10/18/2012 to 10/18/2013 Good Faith Compliance Confirmed 1719 1776 1725 *33 1291 a� F 3749 "PI The Agreement for the property at 1733 Ocean Avenue 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. 13 Community Benefits Summary ® $250,000 contribution to the Civic Center /Oceanfront Improvement Special Fund ® $403,399 Housing and Parks Impact Mitigation Fee a $820,854 Affordable Lodging Mitigation Fee Status of Compliance City staff received the annual Development Agreement Monitoring Report from the property owner on August 28, 2013. Based on staff's review of the Agreement, the property is in compliance with the provisions of its Development Agreement. Earlier this year, an administrative modification was approved by the Director of Planning and Community Development, in accordance with Agreement terms that allow for minor changes to the project and project site plan to allow for the leasing of the 50 on -site spaces to non - tenants until Spring 2014. The property owner submitted a parking utilization study to demonstrate that there is sufficient parking available to meet on -site tenants' parking demand. Therefore, a finding was made that the proposed project change would not be detrimental to the public health, safety, convenience or general welfare, and would not adversely affect the architectural integrity of the project and community benefits associated with the project. Saint John's Health Center 132822 nd Street 12121 Santa Monica Blvd Agreement Effective: 7/9/1998 Amended: 7/12/2011 Expires: 7/9/2053 Reporting Period: Calendar Year 2012 (Compliance reports are due annually in July for the preceding calendar -year reporting period) Good Faith Compliance Confirmed y b sf �cf ° Doe s cT Sf As amended in July 2011, the Saint John's Health Center (SJHC) Development Agreement grants approval for construction of new hospital facilities that would occur in 14 two phases. Phase I consists of vested rights, subject to extension, 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 2012: Saint John's Health Center provided services and cash support equal to $7,355,848 in 2012 plus an additional $39,251,997 in unreimbursed Medicare costs. Based on the 2012 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 average dollar value of community benefits provided by these facilities in 2012 was $40,382,272. Saint John's Health Center reported $46,607,845 for 2012, a value that exceeds the average value of benefits provided by other non - profit Catholic general acute hospitals that self - reported data to OSHPD by more than 15 %. 15 • 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 ($901,645 required for calendar year 2012). Saint John's Health Center provided health services valued at $5,365,817 during calendar year 2012 through its Santa Monica Community Access Plan, an amount that is over five times greater than its 2012 annual 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. Compliance with these requirements has been confirmed for the reporting year. • North Lawn: 41,000 SF public open space, including landscaping and walkways • Off -site traffic mitigation improvements: payment of fees to reimburse the City for construction of off -site improvements within one year of completing Phase One construction. Fees will be calculated and paid prior to January 31, 2015. • 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; payment made in July 1998 • Transportation Demand Management Program: enhanced by First Amendment • Light rail shuttle: 15 -month requirement to operate shuttle to /from Memorial Park Station starting within six months of the Expo light rail opening (required by First Amendment) • Off -site transit improvements: $100,000 contribution for Memorial Park light rail station upgrades paid to the City in December 2012 (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 payment of $30,000 for installation of a crosswalk at 21St Street/Arizona Avenue and payment of $15,000 for a pedestrian safety study (required by First Amendment; both amounts paid to the City. in Spring 2013) 16 Status of Construction The new Saint John's Health Center Entry Plaza on Santa Monica Boulevard opened to the public in October 2013 with ancillary repaving and signage installation in and nearby the Entry Plaza to be completed by the end of January 2014. An administrative extension was granted for the Phase One vesting deadline to January 31, 2014 to allow for completion of the Entry Plaza in part because of construction delays that resulted from reduced staffing at the State of California's Office of Statewide Health Planning and Development ( OSHPD). OSHPD is responsible for reviewing and issuing building permits for the hospital property. Issuance of building permits from OSHPD for the Entry Plaza and associated work took approximately 20 months along with additional time also necessary for final OSHPD approvals for the canopy over the main building entrance. This extended OSHPD review period necessitated the need for the extension of the Phase One vesting period deadline and is permitted by the Amendment Development Agreement with the City based on a showing of good cause. Status of Compliance With respect to compliance with Development Agreement terms for the 2012 calendar year review period, the required annual compliance report was received from Saint John's Health Center on June 27, 2013. The hospital held its annual community meeting to discuss Development Agreement compliance on June 17, 2013 and staff from the hospital also attended a Mid -City Neighbors association meeting on July 15, 2013. The hospital's Community Ombudsperson provided the City with a summary of the issues and questions discussed at the both meetings. Examples included questions about employee and visitor parking; the use of ambulance sirens and general noise from ambulance and City response vehicles; and a request for installation of signage on Arizona Avenue and 23`d Street reminding vehicles to turn off sirens. Signage was installed over the summer and follow -up correspondence was provided to the resident who requested the signage. 17 Saint John's Health Center staff also provides periodic updates to the City on how the hospital is addressing the other issues and questions raised during the two outreach meetings. Hospital staff has provided copies of its neighborhood notification mailers related to construction and upcoming meetings, its `good neighbor' reminders disseminated to hospital employees, and its Ombudsperson report that includes a log of the questions and concerns discussed with community members and the follow -up provided on those matters during the past reporting year. With respect to compliance with vehicle trip reduction measures, staff has verified that Saint John's Health Center is implementing its TDM program in accordance with Agreement terms. The First Amendment also identifies a 1.5 Average Vehicle Ridership (AVR) target for both the a.m. and p.m. peak periods starting in November 2013. The hospital's Transportation Coordinator submitted its annual AVR survey results in November 2013 which indicates a 1.42 AVR during the a.m. peak period and 1.41 AVR during the p.m. peak period. These AVR peak - period targets are structured as goals with the requirement to implement additional transportation demand management measures to work toward achieving these AVR rates. City staff met with Saint John's Health Center on January 8, 2014 to discuss additional single- occupancy vehicle trip reduction measures to implement at the hospital. It is anticipated that the final set of measures will be identified by City staff and reviewed with SJHC at the beginning of February 2014. Implementation will start immediately thereafter in order to provide sufficient time to assess the effectiveness of the updated TDM program in conjunction with the facility's employee trip survey that is conducted annually in the fall. While the AVR goals established in the amended Agreement have not yet been achieved, the current 1.42 and 1.41 peak hour AVR rates reflect steady improvement since 2011 when SJHC reported a 1.34 AVR for both the a.m. and p.m. peak periods. In summary, staff has reviewed the amended Development Agreement, all of the supporting documentation provided to the City for the 2012 reporting year, and conducted a site visit during the annual review period. Based on this review, staff has 18 determined that Saint John's Health Center is in good faith compliance with the terms and conditions of its Agreement, including Phase One construction obligations and fee payments for neighborhood protection measures approved with the First Amendment in 2011. While not related to the January 1, 2012 to December 31, 2012 annual review period, staff provided a series of Information Items to Council (March 28 2013, October 3 2013, October_ 8,_2013) regarding SJHC's December 2012 receipt of a 120 -day written notice from Equity Office's parking operator, Standard Parking, canceling the Parking License Agreement for all spaces that were leased by the hospital at Colorado Center (formerly Yahoo Center) effective March 31, 2013. Based on this notification, Saint John's Health Center initiated the process specified in Section 2.2 of the First Amendment to the Development Agreement which sets forth procedures for City review and approval of a revised Parking Management Plan. This revised plan needed to include the hospital's proposed functional equivalent to the Colorado Center parking lease and demonstrate that parking to meet the hospital's peak parking demand generated from Saint John's Health Center employees, patients, and visitors is provided at all times. After reviewing a series of submittals from Saint John's Health Center, staff determined on June 26, 2013 that SJHC's updated Parking Management Plan, submitted initially in January 2013 and subsequently revised based on staff requirements, provides the requisite number of owned and leased spaces to serve as the functional equivalent to the previously- approved North Campus subterranean parking garage. Staff determined that the hospital complies with its obligation to provide parking at all times that is functionally equivalent to the North Campus subterranean parking garage as set forth in the First Amendment. Staff also reviewed the facility's 2013 peak parking demand report submitted in Spring 2013. It is anticipated that final staff verification of SJHC's updated peak parking demand will be completed during the first quarter of 2014 following submittal of an 19 updated parking study.documenting and analyzing parking utilization at the hospital with full operation of the new Entry Plaza. Parking utilization data collection occurred at the hospital on December 11, 2013 and the parking study was submitted to the City on January 8, 2014. Rand Corporation 1776 Main Street Agreement Effective: 11/2312000 Expires: 11/23/2055 Reporting Period: 11/23/2012 to 11/23/2013 Good Faith 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, 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.promisingpraatices.com • $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 22, 2013. Last year's approved amendment to the Development Agreement to allow a conversion 20 le 4 s 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, 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.promisingpraatices.com • $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 22, 2013. Last year's approved amendment to the Development Agreement to allow a conversion 20 of approximately 18,216 square feet of parking garage into 17,300 square feet of usable work space is currently under construction, and will continue through the end of the calendar year. No additional compliance requirements resulted from this amendment. In addition, the Director of Planning issued approval of a Minor Modification to the Development Agreement (pursuant to Section 2.5.2) to reschedule the annual early childhood conference (for 2013) to 2014. Section 4.5 of the Agreement pertains to RAND's involvement in early childhood development research and programs, and requires that RAND participate in a community conference for the purpose of promote community awareness of current research on child - related topics. The rescheduling of the conference was recommended by City childcare officials and the Santa Monica- Malibu Unified School District. Based on staff's review of the amended Development Agreement, the project has been determined to be in compliance with all requirements. Lantana East 3030 Olympic Boulevard Agreement Effective: 10/28/2004 Expires: 10 /28/2024 Amended: 8/2008 Reporting Period: 10/28/2012 to 10/28/2013 Good Faith Compliance Confirmed OIVM %C BiyO 3200 3300 3030 3000 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 21 e $90,000 arts fee • New public restrooms at Stewart Park • Construction of neighborhood traffic protection & off -site roadway improvements Status of Compliance The required annual Development Agreement Compliance Report was submitted on August 9, 2013 for the 2012 -2013 reporting year. Based on staff's review of the Agreement, the project has been determined to be in compliance with all Development Agreement fee payments, community benefits, and operational requirements. Lantana South 3131 Exposition Boulevard Agreement Effective: 10/28/2004 Expires: 10/28/2024 Amended: 8/2008 Reporting Period: 10128/2012 to 10/2812013 Good Faith 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. Community Benefits Summary e $356,200 joint use improvement fee for improvements to Edison School, plus $35,600 paid annually for five years (requirement shared with Lantana East) e $133,350 childcare contribution e $60,000 arts fee e Off -site roadway improvements Status of Compliance An annual Development Agreement Compliance Report was submitted in December 2013. As required by its Development Agreement, the property owner has completed 22 the Neighborhood Traffic Protection Program which included a review of the effectiveness of the physical measures constructed 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. On September 24, 2013, Council determined that no additional measures should be installed, and that no existing measures should be removed within the Lantana South neighborhood area, and directed staff to refund the construction deposit to the owners. Based on staffs review of the Agreement, the project has been determined to be in compliance with all Development Agreement fee payments, community benefits, and operational requirements. Saint Monica's Catholic Community 725 California Avenue Agreement Effective: 5/27/2010 Expires: 5127/2030 Reporting Period: 5/27/2012 to 5/27/2013 Good Faith Compliance Confirmed 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 SF) with three levels of subterranean parking (154 parking spaces) • Construction of a 7,700 SF 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 23 oy a pJ0 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 SF) with three levels of subterranean parking (154 parking spaces) • Construction of a 7,700 SF 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 23 ® 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 e Public use of the Bookstore /Coffee Bar during all operating hours Status of Compliance The St. Monica's Catholic Community Center building has been completed. Applications for Architectural Review Board consideration of the project's second phase, consisting of courtyard landscaping and surface parking re- striping, will be submitted in early 2014. St. Monica's Catholic Community is in compliance with Agreement requirements effective at Certificate of Occupancy issuance, including community benefits such as community access to the bookstore /cafe and meeting space, and shared residential parking. Staff's review of compliance with terms for the 2013 -2014 reporting year will be provided to Council in January 2015. Projects Working to Achieve Compliance Agensys 1800 Stewart Street Agreement Effective: 10/28/2010 Expiration: at termination of ground lease Reporting Period: 10/28/2012 to 1012812013 Working to Achieve Compliance The Agensys Agreement permits a project including the following key components: e 24,625 square feet for administration offices and entry lobby e 45,590 square feet for manufacturing of new cancer treatments e 72,050 square feet for research and development e 11,390 square feet of meeting rooms, employee amenities including a cafeteria open to the public during lunchtime hours e 5,140 square -feet of publicly accessible open space PzI • 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 • 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 Compliance Construction for the Agensys project began in Spring 2011 and was completed in January 2013. The Applicant is in compliance with Agreement requirements applicable during the construction phase, including payments of $70,350 for the project's required Bergamot Station Transit Infrastructure Contribution and $20,000 for and bicycle access improvements in the area. The Applicant is working with City staff to achieve compliance on one term of the Agreement now that the facility is completed and in operation. Specifically, the Applicant is working to achieve compliance with its 1.6 AVR requirement for the a.m. and p.m. peak -hour periods. The Applicant's most current AVR survey conducted in August 2013 yielded an AVR of 1.26 during the a.m. and 1.28 in p.m. peak -hour periods, respectively. 25 In contrast to the Agreements for Saint John's Health Center and Colorado Center where AVR targets are structured as goals with accompanying requirements for implementation of additional TDM measures to help work toward achieving those AVR goals, the AVR rates specified in the Agensys Development Agreement were identified as requirements due to the project site's location within a "higher goal" LUCE district. Consistent with Agreement terms, City staff is working with Agensys representatives to modify its current TDM plan to include additional trip reduction measures to help achieve the AVR requirements set forth in the Agreement. Specifically, the Agreement establishes that the City shall monitor TDM plan performance based on facility's annual Employee Trip Reduction Program (ETRP) report that includes AVR survey results. The Agreement also specifies that in the event the AVR requirement is not reached in any annual ETRP report, the Applicant shall propose modifications to its TDM plan to achieve the AVR requirements by the next submittal of the facility's annual ETRP report. Once Agensys's TDM plan modifications are finalized, implementation will begin immediately thereafter in order to allow sufficient time to implement and to assess effectiveness during the Applicant's next annual AVR survey in Summer 2014. Staff will report back to Council on the status of compliance on this matter as part of its annual report to Council in January 2015. Projects Under Construction The Village 1725 Ocean Avenue Agreement Effective: 5/27/2008 Expires: 12/31/2028 Project Under Construction O yG 41 Qp4 ,a V�V\ O The Village development provides six residential buildings with approximately 324 residences, and approximately 20,000 square feet of commercial retail on three 26 separate development sites. The following summarizes key project components: Site A: e Two condominium buildings, with ground floor retail on Ocean Avenue e Olympic Drive and Main Street frontages with approximately 66 residences 0 Maximum 65' building height 0 109,346 gross square feet (GSF) of residential and 9,930 GSF of retail uses 0 180 parking spaces Site B: 0 Four affordable apartment buildings with ground -floor live /work space e Approximately 28 one - bedroom, 56 two - bedroom, and 66 three - bedroom units 0 10 affordable units of live /work space intended for artists 0 Maximum 60' building height 0 191,549 GSF 0 197 parking spaces Site C: 0 One condominium building (96' height) with ground floor retail 0 Approximately 98 one - bedroom and 98 two- bedroom residences 0 159,288 GSF of residential and 7,400 GSF of retail uses 0 237 parking spaces Community Benefits Summary 0 160 affordable units, including 10 units of live /work space intended for artists 0 LEER Silver certified buildings e Completion of the Olympic Drive Extension, including signalization at the intersections of Olympic Drive with Main Street and with Ocean Avenue, with new sidewalks and landscaping 0 $500,000 toward design, construction, operation and /or maintenance of a Civic Center Child Care Facility prior to issuance of a Certificate of Occupancy for project buildings e $700,000 Transit Service Enhancement Fund payable in two installments prior to issuance of a Certificate of Occupancy for project buildings 27 • Provide two public art pieces on site, valued at approximately $920,000 with a minimum value of $460,000 for the art work itself and pay an in -lieu Private Developer Cultural Arts contribution for a portion of the site's square footage prior to issuance of a Certificate of Occupancy Status of Compliance The project is currently under construction with completion anticipated by Spring 2014. The property owner is operating in full compliance with Agreement requirements for the project's construction phase. Examples of these requirements include work in progress for compliance with sustainable design requirements; public infrastructure improvements; and work performed in compliance with the required construction mitigation plan. Transit Service Enhancement, Private Developer Cultural Arts, and Civic Center Child Care Facility contributions described above will be paid prior to the issuance of Certificates of Occupancy. Staff's review of compliance with terms for the 2013 -2014 reporting year will be provided to Council in January 2015. 702 Arizona Avenue Agreement Effective: 12/8/2011 Expires: 12/8/2021 Project Under Construction ASP 1110 70 SVeet nm 615 131J 11 The Development Agreement for 702 Arizona Avenue 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 M ® 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 Construction The project is currently under construction with completion anticipated by February 2014. The property owner is operating in full compliance with Agreement requirements for the project's construction phase. Examples of these requirements include work in progress for compliance with sustainable design requirements; implementation of local hiring program goals; and work performed in compliance with the required construction mitigation plan. Transit ($50,000), Cultural Arts ($66,030), and Child Care ($5,873.12) contributions were paid in August 2012. Staff's review of compliance with terms for the 2013 -2014 reporting year will be provided to Council in January 2015. Finally, a Minor Amendment was filed by the Applicant on November 21, 2013 requesting modified commercial parking standards for a proposed ground -floor restaurant (one space per 500 square feet of floor area) and for a ground -floor yoga studio (one parking space per 300 square feet of floor area). The Applicant submitted a report for review by the Planning and Community Development Director identifying the property's anticipated parking demand in order to demonstrate that the property's on- site parking would be adequate for all uses with the proposed commercial parking requirements. The Minor Amendment is currently being reviewed and the Director's determination is anticipated during the first quarter of 2014. 1317 7'h Street Agreement Effective: 12/8/2011 Expires: 12/8/2021 Project Under Construction 29 tl 1]33 , 1313 Cl 139U ,.1 lm aoA vm , �g ilo IJJJ uw ma r 633 vw 1314 1]93 1339 bw 1J1 tl 632 1313 Cl 139U ,.1 bN 1319 1331 IJJJ uw un r t319 1314 1]93 bw 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, and two levels of subterranean parking. Community Benefits Summary e One extra on -site affordable housing unit e TDM Program with secure bicycle storage for residents, employees, and visitors e $50,000 contribution towards transit infrastructure in the Downtown area e Infrastructure for potential future installation of electric vehicle charging stations e Achievement of a minimum LEED Silver certification or a demonstrated equivalent sustainable design status e Local hiring program e Urban design features including a small pedestrian courtyard and walkway Status of Construction The project is currently under construction with completion anticipated by February 2014. The property owner is operating in full compliance with Agreement requirements for the project's construction phase. Examples of these requirements include work in progress for compliance with sustainable design requirements; implementation of local hiring program goals; and work performed in compliance with the required construction mitigation plan. Transit ($50,000), Cultural Arts ($77,524), and Child Care ($6,807.48) contributions were paid in August 2012. Staff's review of compliance with terms for the 2013 -2014 reporting year will be provided to Council in January 2015. Update on Projects Not Under Construction Colorado Creative Studios 2834 Colorado Avenue Agreement Effective: 9/22/2011 Expires: 9/22/2026 Compliance Not Required at this Time 30 e� oe a� s` �P iY 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 Status of Compliance Since this project has not advanced to issuance of a building permit, community benefits have yet to be realized and there are no compliance issues to report. The project recently completed its design review approvals with the Architectural Review Board and is pending plan check submittal for building permits. 401 Broadway Agreement Effective: February 9, 2012 Expires: February 9, 2022 Compliance Not Required at this Time 31 yaH 1 �` AQN9 e 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. An amendment to the Development Agreement was approved on October 22, 2013 to permit 49 subterranean parking spaces accessed by a car elevator and minor modifications to the ground floor plan. Community Benefits Summary • TDM plan with measures applicable to both the commercial and residential components of the project • $125,000 contribution for transit/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 • Minimum LEED Silver certification per the LEED Rating System or a demonstrated equivalent sustainable design status • 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, community benefits have yet to be realized and there are no compliance issues to report. 710 Wilshire Boulevard Agreement Effective: May 10, 2012 Expires: May 10, 2022 Compliance Not Required at this Time 32 s� 'y JJ This Development Agreement was approved by Council on May 10, 2012 and authorizes adaptive re -use of a six -story Landmark building located at 710 Wilshire Boulevard for a new hotel with 55 rooms and 6,950 SF of ground floor retail /restaurant space. The project also includes construction of new six -story hotel building on site with 230 rooms; 8,700 SF of ground floor retail /restaurant; a ground floor, open -air paseo; and up to 325 subterranean parking spaces. The project also includes a living wage provision, including health benefits, for covered hotel workers. Community Benefits Summary • Preservation and rehabilitation of a City Landmark building • TDM Program that includes a 1.75 AVR target for employees of the project achieved by the third year after the City's issuance of a certificate of occupancy, bicycle parking for employees and guests, shared bicycles for guest use, and transit subsidies for employees • $244,000 transportation infrastructure fee • Bicycle sharing area • Electric vehicle infrastructure in parking garage for 30 electric vehicles • Provide meeting space for non - profits and community organizations on a reduced cost basis at least 12 times a year • Paid internship program for at least two Santa Monica residents who attend Santa Monica High School or Santa Monica College • Local hiring for permanent and construction employees Status of Compliance The 710 Wilshire Boulevard project has not advanced to issuance of a building permit, therefore, community benefits have yet to be realized and there are no compliance issues to report. 33 15486 Ih Street Agreement Effective: November 22, 2012 Expires: November 22, 2022 Compliance Not Required at this Time 0 rM8WiIsf The 1548 6th Street Development Agreement was approved by Council on October 23, 2012 and authorizes the conversion of 3,038 square feet of non - usable space into four residential units within an existing mix -use, market -rate rental housing project. Community Benefits Summary ® One one - bedroom deed - restricted very low income unit • TDM Plan with measures that include a 1.75 AVR by the second year after Certificate of Occupancy issuance ® $75,000 contribution towards transit and circulation infrastructure in the Downtown area prior to issuance of a Certificate of Occupancy ® Residential tenant bicycle repair station and bicycle racks Status of Compliance The building permit for this project has expired and the Applicant has recently reapplied for building permits. The Applicant has also applied for a minor amendment to the Development Agreement to reduce the total number of required publically- accessible bicycle parking from 28 to 24 spaces. Staff review of the proposed amendment is pending. Since the project has not advanced to issuance of a building permit, therefore, community benefits have yet to be realized and there are no compliance issues to report. RE 2930 Colorado Avenue (Village Trailer Park site) Agreement Effective: May 9, 2013 Expires: May 9, 2023 Compliance Not Required at this Time w z a 1W /I The 2930 Colorado Avenue project consists of an approximately 341,290 SF total Mixed -use development with approximately 24,940 SF of commercial space, 377 residential units, including 38 affordable units, and 705 subterranean parking spaces. The project was approved on April 9, 2013. Community Benefits Summary • Two new streets (Pennsylvania Avenue and New Road) that will be dedicated to the City as surface easements • $1,650,000 Transportation Infrastructure Fee • $179,000 contribution to trust fund to be used for childcare subsidies for low income families (includes voluntary assignment of required childcare linkage fee) • $350,000 contribution to trust fund to be used for services for seniors, disabled persons, and families with minor children with priority given to entities who are providing services to Village Trailer Park residents • Approximately 27,000 SF of general public open space including expanded sidewalks for outdoor dining and gathering on Colorado Avenue, smaller on -site plazas, pedestrian pathways, and green space at the intersection of New Road and Pennsylvania Avenue • Approximately 15,000 SF of residential public open space including pedestrian pathways and courtyards • Local hiring program for construction • Local hiring program for permanent employment for commercial uses greater than 1,500 SF 35 Status of Compliance The 2930 Colorado Avenue project has not advanced to issuance of a building permit, therefore, community benefits have yet to be realized and there are no compliance issues to report. 13182 nd Street Agreement Effective: July 25, 2013 Expires: July 25, 2023 Compliance Not Required at this Time The 1318 2nd Street project consists of a four -story (45') and 46,421 SF mixed -use development with 6,664 SF of commercial space; 53 residential units, 6,664 SF of retail space, 66 subterranean parking spaces, and 132 bicycle parking spaces. The project was approved by Council on June 25, 2013. Community Benefits Summary ® $125,493 Transportation Infrastructure Contribution ® $125,000 Colorado Esplanade Contribution ® $225,000 Open Space Contribution ® $25,000 Big Blue Bus Contribution ® $25,000 Historic Preservation Contribution ® TDM Plan that exceed Zoning Ordinance requirements ® 24 Solar Panels ® Five Electric Vehicle Charging Stations • Local Hiring Provision to facilitate the hiring of local workers during construction and for permanent commercial employees 36 Status of Compliance The 1318 2nd Street project received Architecture Review Board approval on November 18, 2013, and construction drawings are currently under plan check review. The project has not advanced to issuance of a building permit, therefore, community benefits have yet to be realized and there are no compliance issues to report. 1731 20th Street (Crossroads Schools) Agreement Effective: August 8, 2013 Expires: August 8, 2033 Compliance Not Required at this Time The Crossroads School Science Learning Center project permits development of a new three -story (41'), 23,856 SF science learning center and temporary modular classrooms and 50 bicycle parking spaces. The project was approved on June 25, 2013. Design review approval with the Architectural Review Board was recently completed and the project is currently in plan check review. Community Benefits Summary • Development of an educational facility that will provide enhanced educational opportunities for students • Bicycle Path Easement Agreement with for establishing a public bicycle path • Photovoltaic Panels and Photovoltaic Panel -Ready Roof • Pico Neighborhood Outreach and Prioritization for Summer Program Status of Compliance The Crossroads School project is currently in plan check review with a building permit anticipated to be issued by January 2014. The property owner will be in full compliance with Agreement requirements related to the issuance of a building permit including the school obtaining fee ownership and possession of a City -owned remnant parcel located 37 within the project site. The project is not under construction and, therefore, community benefits have yet to be realized and there are no compliance issues to report. 1554 5t" Street (Courtyard by Marriott Hotel) Agreement Effective: December 26, 2013 Expires: December 26, 2038 Compliance Not Required at this Time The Courtyard by Marriot Hotel project consists of development of a new six -story, 78,750 SF hotel with 136 guest- rooms, and 78 subterranean parking spaces. The project was approved by Council on November 26, 2013. Community Benefits Summary ® Permanent Historic Commemorative Installation on the property in a publicly accessible location ® Artistic Exhibition Program for the purpose of showcasing different forms of art in periodic exhibitions at the hotel, including art sourced from professional galleries, local artists, and Santa Monica students e Community access to on -site meeting space e Physical space dedicated for a future bicycle sharing program station e $294,000 Colorado Esplanade Contribution e $50,000 Hospitality Training Academy Contribution e $75,000 Historic Preservation Contribution e Fourth Court Alley Improvement Contribution (or if not implemented, contribution would become a Parks & Recreation /Open Space Contribution of $210,000) e Affordable Housing Contribution of $21,000 e Minimum LEED Gold certification as established by the LEED Rating System e Solar energy systems including photovoltaic solar panels e One electric vehicle charging station and seven stub -outs for charging stations e Minimum 30% water reduction for the hotel's total water use 38 v The Courtyard by Marriot Hotel project consists of development of a new six -story, 78,750 SF hotel with 136 guest- rooms, and 78 subterranean parking spaces. The project was approved by Council on November 26, 2013. Community Benefits Summary ® Permanent Historic Commemorative Installation on the property in a publicly accessible location ® Artistic Exhibition Program for the purpose of showcasing different forms of art in periodic exhibitions at the hotel, including art sourced from professional galleries, local artists, and Santa Monica students e Community access to on -site meeting space e Physical space dedicated for a future bicycle sharing program station e $294,000 Colorado Esplanade Contribution e $50,000 Hospitality Training Academy Contribution e $75,000 Historic Preservation Contribution e Fourth Court Alley Improvement Contribution (or if not implemented, contribution would become a Parks & Recreation /Open Space Contribution of $210,000) e Affordable Housing Contribution of $21,000 e Minimum LEED Gold certification as established by the LEED Rating System e Solar energy systems including photovoltaic solar panels e One electric vehicle charging station and seven stub -outs for charging stations e Minimum 30% water reduction for the hotel's total water use 38 • Local Hiring Provision: internship program, job fair, and 40% hiring goal • Transportation Demand Management Program including a 2.0 AVR target, bike parking, bike rentals, car -share spaces, transit subsidies, etc. • Physical Improvements consisting of expanded sidewalks • Shared Parking Provision Status of Compliance The project has not advanced to issuance of a building permit, therefore, community benefits have yet to be realized and there are no compliance issues to report. 501 Colorado Avenue (Hampton Inn & Suites Hotel) Agreement Effective: December 26, 2013 Expires: October 31, 2035 Compliance Not Required at this Time 4) (Olfd 1AVG The Hampton Inn & Suites Hotel project consists of development of a new six -story, 78,750 SF hotel with 143 guest rooms, and 78 subterranean parking spaces. The project was approved by Council on November 26, 2013. Community Benefits Summary e $294,000 Colorado Esplanade Contribution e $50,000 Hospitality Training Academy Contribution e $25,000 Historic Preservation Contribution e $69,343 Transportation Impact Contribution • $196,657 Parks & Recreation /Open Space Contribution ® Minimum LEED Gold certification as established by the LEED Rating System • Solar energy systems including photovoltaic solar panels ® One electric vehicle charging station and seven stub -outs for charging stations 39 • Minimum 30% water reduction for the hotel's total water use • Artistic Exhibition Program showcasing different forms of art in periodic exhibitions at the hotel, including art sourced from professional galleries, local artists, and Santa Monica students • Community access to on -site meeting space • Local Hiring Provision: internship program, job fair, and 40% hiring goal • Transportation Demand Management Program including a 2.0 AVR target, bike parking, bike rentals, car -share spaces, transit subsidies, etc. • Physical Improvements consisting of expanded sidewalks • Shared Parking Provision Status of Compliance The project has not advanced to issuance of a building permit, therefore, community benefits have yet to be realized and there are no compliance issues to report. Status of Compliance — Edgemar Property In conjunction with its October 22, 2013 review of an appeal of a Conditional Use Permit approval for a commercial tenant space and gym use located at 2433 Main Street, Council directed staff to provide follow -up information on the status of the compliance with key conditions of approval that were discussed by members of the public for Development Review Permit 96 -001, Conditional Use Permit 97 -004, Variance 96 -001, and Conditional Use Permit 96 -011. These permits were approved on appeal by Council on August 26. 1997 (with approval of the Statement of Official Action on December 2 1997) for the property commonly known as the Edgemar Project located at 2415 -2443 Main Street. The following provides a brief summary of the four primary issues staff has been working to resolve with the Edgemar Project owner and tenants. Of specific concern were the parking lot hours and operation, Brick + Mortar restaurant and Edgemar Theater operations, and occupancy of the on -site artist studios. Parking Lot The on -site parking lot has valet parking during theater operating hours and a security gate that is required to remain closed overnight between the hours of 1:30 a.m. to 6:30 a.m. weekdays and 2:00 a.m. to 8:00 a.m. on weekends. Staff observed compliance m with the parking lot conditions during five site visits in October, two site visits in November, and four site visits in December 2013. Further, there was an allegation of leasing parking spaces to non - Edgemar tenants, which the owner confirmed. However, the owner stated in a letter to staff dated December 30, 2013 that the eight parking space leases were terminated on September 30, 2013 to comply with the Development Review Permit. Restaurant Brick + Mortar restaurant had compliance issues pertaining to operating as a restaurant versus a bar and violating specific conditions of approval. An administrative citation was issued to Brick + Mortar for code violations on December 4, 2013. Since speaking with the owners and managers of the restaurant, Code Enforcement staff observed complete compliance at Brick + Mortar during four site visits in December 2013, including compliance with food service requirements, restrictions on queuing and noise, and a prohibition of bar -type events such as pub /bar crawls. Theater The Edgemar Theater is in compliance with Development Review permit conditions, including the prohibition of outdoor stage construction, hours of operation, and providing parking information to guests, as confirmed during five site visits in October, two site visits in November, and four site visits in December 2013. Artist Studios The Development Review Permit for the Edgemar Property allowed for the construction of two artist studios with entrances on Second Street. The artist studios were of specific concern, as the DR permit requires that if there is no artist in residence, the Second Street entrances must be removed. Code Compliance staff confirmed that a graphic designer resides in one of the units, and conducts his graphic design business (considered "artist" activity by the interpretation of artist by the Planning Commission) and another business, HipSwap, an online consignment shop, out of the artist studio. The resident is permitted to operate both businesses out of the same space. This was confirmed by Code Enforcement staff on November 9, 2013, and further confirmed by 41 the landlord in writing on November 22, 2013. The other artist studio contains two tenants whose home -based business, Fresh Interactive, provides graphic design services that meet the definition of artist, as confirmed by a site visit on October 18, 2013. As a result, both artist studios have been found to be in compliance with the Development Review Permit. Public Outreach The Code requires that that the City provide at least 10 days' notice to the Developer or successor -in- interest of the City Council's scheduled meeting to review Development Agreement compliance. This notice has been provided. Next Steps Staff will continue its ongoing Development Agreement compliance review; reports will be made to Council annually in January. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Roxanne Tanemori, AICP, Senior Planner Approved: Attachments Forwarded to Council: Rod Gould City Manager A. Summary of Key TDM Program elements included in Development Agreements since 2010 42 Attachment A: TDM Program elements included in Development Agreements since 2010 Development Average Vehicle 1 Bicycle Parking & Transit se Light ransportation Shared Parking Employee Parking Cashout I Agreements Ridership Peak Amenities Rail Management Facility Financial Incentives-and-Trans-It 1.6 AVR Hour Targets shuttle J Shuttle I Association (TMA) i with light rail Coordinator operation (AVR) (201 1) - Space for future bicycle Shower & locker . Fund TMA study i Colorado 1.5 AVR 117 bicycle parking 1 (2010) Fo Establish -and Provides shared • Yes Center spaces operate facility- parking facility • Yes Amendment • 1.6 AVR wide TMA based TMA with light rail 1 Agensys F-Requirements: 25 bicycle parking $75,000 (2011) Permitted to o Yes 1.6 AVR spaces i SaintJohn's • 1.5 AVR • 90 bicycle parking $100,000 Required • Co-lead TMA Utilizes off-site - Yes Health Center Yes spaces 18-month I formation in shared parking - Yes •Amendment 1.6 AVR parking facility shuttle Healthcare District facility i with light rail . Shower & locker operation I (201 1) - Space for future bicycle Shower & locker . Fund TMA study i requires sharing station 1 (2010) • Participate in • Participate in future Healthcare District TMA Saint Monica's .5 AVR 50 bicycle -parking- Assist in formation Provides shared Yes Catholic spaces of geographio parking facility Yes Community based TMA if City Shower & locker requires 1 (2010) • Participate in future geographic- based TMA 1 Agensys F-Requirements: 25 bicycle parking $75,000 Participate in Permitted to o Yes 1.6 AVR spaces i future geographic- share parking Yes (2010) based TMA • 1.75 AVR Shower & locker I with light rail Colorado . 1.6 AVR 64 bicycle parking �_3_63,200 Participate in Provide -shared Yes Creative I spaces future geographic- parking facility Yes Studios . 1.75 AVR Shower & locker based TMA with light rail (2011) Space for future bicycle sharing station 702 Arizona .75 AVR 63 bicycle parking i $50,000 Participate in r Permitter ed to Yes Avenue by third year of spaces future geographic- share parking Yes occupancy a Shower & locker based TMA (2011) Y Development Average Vehicle Bicycle Parking & Transit Fee Light Transportation 'Unbundled ye —� Employee Parking Agreements Ridership Peak Amenities` Rail Management i'Parking/ s -and - Financial Incentives and- Transit Hour Targets Shuttle 'Association (TMA) Shared Parking Coordinator /Information Center (AVR) ( i' :Facility 1317 Street 1.75 AVM R • 67 bicycle parking $5'000 I� Participate in Permitted to • Yes by third year of "spaces future geographic -'I, share parking • Yes (2011) occupancy • Shower & locker �.. based TMA 401 Broadway 2.0 AVR . 89 bicycle parking $125,000 • Participate in Required to • Yes by third year of spaces (including secure future geographic- unbundle parking •Yes (2012 & 2013 occupancy spaces for employees based TMA Amendment) and residents, and publically assessable for commercial and residential visitors) Shower & locker', 710Wilshire li 1.75 AVR Boulevard by third year of occupancy (2012) I. to Avh by second year of occupancy. • 64 secure bicycle parking spaces (employees) and bicycle check for hotel guests • 16 guest bicycle parking spaces • 20 bicycles for shared use by hotel guests (or provide vouchers) • 108 secure bicycle parking spaces for residents . 28 publically accessible spaces Residential tenant bicycle repair station of geographic- based TMA if City requires future geographic -based TMA Permitted to • Yes share & • Yes unbundle parking share & unbundle parking iW Development Average Vehicle Bicycle Parking 8 - Transit Fee tight iv Trensporta lion Sharetl Parkmg Employee Parking Cashout Agreements Ridership Peak Amenities :Rail Management Facility Financial Incentives- and - Transit Hour Targets Shuttle Association (TMA) Coordinator /Information Center - :(AVR) 2930 Colorado e 1.5 AVR for • 64 bicycle parking $1,650,000 j Participate in Requirementto I • Yes Avenue commercial spaces for visitors future share portion of li j tenants geographic-based parking & • Yes `! (2013) _ 5 secure bicycle parking TMA permitted to '] • PM peak -hour spaces (employees) unbundle parking vehicle trip cap ',, Fund $50,000 established • 377 spaces for res de is residents toward area TMA formation i '. • Residential tenant bicycle repair station • Shower & locker II, Space for future bicycle j sharing station'', j (2013) • 7 short-term bicycle parking spaces for commercial patrons • 6 short-term bicycle spaces for resident visitors • 4 secure bicycle parking spaces (employees) • One bicycle parking space per residential unit • 53 additional bicycle parking spaces for residents • Shower & locker 3 • rarticipate in future geographic -based TMA Required to unbundle parking • Yes e Yes Development Average Vehicle Bicycle Parking & Transit Fee :Light Transportation Shared Parking j Employee Parking Cashout / Agreements Ridership Peak Amenities l Rail 'Management Facility Financial Incentives - and - Transit Hour Targets Shuttle Association (TMA) Coordinatorllnformation Center (AVR) I (Crossroads) (2013) (Courtyard by Marriott Hotel) (2013) 1.6 AV K for both a.m. and p.m. peak periods until the second year after opening of the Exposition light rail stations at Olympic Boulevard /26th Street and Colorado Avenue /17th Street • 1.75 AVR for both a.m. and p.m. peak periods by the third year after opening of these light rail stations Execute an easement agreement granting to the City a ten -foot wide surface easement across the southerly portion of the property for purposes of establishing a public bike path • 50 bicycle parking spaces for employees, students, visitors • s1 bicycle parKmg spaces for employees and hotel guests • 12 bicycle parking spaces for visitors • 10 bicycles available for rental by hotel guests • Shower & locker Colorado Esplanade Contribution Participate in the formation of a geographic -based TMA • Participate in future geographic -based TMA Development - Average Vehicle ', Bicycle Parking & T ransit Fee :Light !, Transportation Shared Parking Employee Parking Cashout / Agreements Ridership Peak h Amenities ' Rail !,, Management Facility Financial Incentives -and- Transit Hour Targets "� !:Shuttle Association' Coortlinatodlnformation:Center (AVR) I (TMA) 501 Colorado • 2.0 AVR from 33 bicycle parking $69,343 ! ° Participate Permitted to • Yes Avenue one year after the spaces for employees future share parking • Yes (Hampton Inn City's issuance of final and hotel guests $294,000 Colorado geographic-based TMA, a certificate !, ° 12 bicycle parking ! & Suites Hotel) of occupancy Esplanade spaces for visitors Contribution (2013) 1.75 AVR if Light ° 10 bicycles available for 'i !, Rail Line is not rental by hotel guests ! ! fully operational j at that time Shower & locker Space for future bicycle jsharing station !