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SR 03-07-2017 8A Ci ty Council Report City Council Mee ting : March 7, 2017 Agenda Item: 8.A 1 of 11 To: Mayor and City Council From: David Martin, Director , City Planning Subject: Annual Development Agreement Compliance Review Recommended Action Staff recommends that the City Council: 1) Review the status of Development Agreement compliance ; 2) Determine go od faith compliance for those that are in compliance and listed as such in Table 1 ; and 3) Determine that good faith compliance has not been achieved for th e Agensys Development Agreement. Executive Summary This report provides an annual summary of the statu s of compliance for each of the Development Agreements that are currently in effect and subject to annual compliance report submittals. Council last reviewed the status of Development Agreement compliance at its January 26, 2016 meeting. This year’s summar y includes review of all 20 completed projects, six projects that are under construction, and the status of the remaining six Agreements where construction has not commenced. Attachment A provides the summary discussion for each of these 32 properties and Attachments B and C to this staff report provide a summary of the Transportation Demand Management (TDM) Program requirements that have been required for new and amended Development Agreements since 2010. Based on staff’s review of each of the 20 proje cts already built and the annual reports submitted by the developers or successors -in -interest to demonstrate good faith compliance, staff recommends Council determine that 19 of these Agreements are in good faith compliance with requirements specified for each property and one of these Agreements is not. This report provides information regarding steps for enforcement for one completed project, Agensys, where good faith compliance with its Average Vehicle Ridership (AVR) requirement has not been achieved i n the past reporting cycle. This report also summarizes staff’s work with three other properties that are, consistent with development agreement requirements, implementing additional transportation demand management measures to achieve the numeric peak -hour AVR targets identified in each Agreement. These three properties are Colorado Center, Provi dence Saint John’s Health Center , and Crossroads School. 2 of 11 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 during the first quarter of 2018. Background Chapte r 9.60 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 complianc e with the terms and conditions of the Agreements. Since the passage of this ordinance in 1982, 32 Development Agreements have been enacted that are still in effect. Each Development Agreement contains unique time frames, obligations, and requirements. Th e obligations can be one -time or ongoing; some are fees, some are actual physical improvements, and some are ongoing services. The 32 Development Agreements monitored by the Planning and Community Development (PCD) Department are listed below and include six properties under construction and six properties where construction has not yet commenced. This includes one project approved since Council’s last annual review of Development Agreement compliance in January 2016: a mixed -use commercial/residential p roject in the Downtown District at 500 Broadway. PCD staff works closely with other City departments and divisions to confirm compliance with agreement terms that fit within those departments’ areas of expertise. For example, Housing and Economic Develo pment performs the annual compliance review of affordable housing obligations in Agreements and Community and Cultural Services performs the annual compliance review of child care program obligations. Discussion As noted above, as a result of staff’s rev iew of all 32 Development Agreements subject to compliance reporting, 19 of the 20 constructed projects have been determined to be 3 of 11 in good faith compliance. Conversely, staff has determined that the Agensys project at 1800 Stewart Street has not achieved good faith compliance. The status of the Agensys property is discussed in the body of this report. Attachment A summarizes all other Agreements where annual compliance reports are required and have been submitted for the current review period, provides a brief status update on the projects under construction, and those properties where construction has not yet commenced. Attachments B and C also provide a summary of TDM program measures that have been incorporated in newly -approved or amended Developmen t Agreements since 2010 in conjunction with the City’s Land Use and Circulation Element (LUCE) implementation. TABLE 1. Development Agreements (32) Recommended Finding: Good Faith Compliance (19) Recommended Finding: Not in Good Faith Compliance (1) Un der Construction (6) Construction Has Not Commenced (6) 2401 -2525 Colorado Avenue - Colorado Place II & II (Colorado Center) (1981) • 1541 Ocean Ave - Paseo Del Mar (1982) • 2700 Colorado Ave - National Medical Enterprise (Viacom) (1982 ) • 530 Pico Blvd - Bayview CA Unlimited Partnership (Le Meridien Delfina) (1983) • 2000 -2200 Colorado Ave - Arboretum (AO Santa Monica) (1987) • 1620 26th Street & 2425 Olympic Blvd - Water Garden (1988) • 1733 Ocean Ave - Maguire Thomas (1990) • 2221 Santa Monica Blvd - Providence Saint John’s Health Center (1998) • 1776 Main Street - Rand (2000) • 3030 Olympic Blvd - Lantana East (2004) • 4 of 11 TABLE 1. Development Agreements (32) Recommended Finding: Good Faith Compliance (19) Recommended Finding: Not in Good Faith Compliance (1) Under Construction (6) Construction Has Not Commenced (6) 3030 Olympic Blvd - Lantana South (2004) • 1725 Ocean Ave - The Village (2008) • 725 California Avenue - Sain t Monica’s Catholic Community (2010) • 1800 Stewart St - Agensys (2010) • 2834 Colorado Avenue - Colorado Creative Studios (2011) • 702 Arizona Avenue (2011) • 1317 7 th Street (2011) • 401 Broadway (2011) • 710 Wilshi re Boulevard (2012) • 1548 6 th Street (2012) • 2930 Colorado Avenue (2013) • 1318 2 nd Street (2013) • 1731 20 th Street - Crossroads School (2013) • 1554 5 th Street - Courtyard by Marriott (2013) • 501 Colorado Avenue - Hampton Inn & Suites (2013) • 315 Colorado Avenue - Arclight Cinemas at Santa Monica Place (2014) • 1402 Santa Monica Blvd - Mini Automobile Dealership (2014) • 1112 -1122 Pico Blvd (2014) • 1415 5 th Street (2015) • 1560 Lincoln Blvd (2015) • 1601 Lincoln Blvd (2016) • 500 Broadway (2016) • 1333 -1337 Ocean Avenue - Hill Street Partners III (2007) Expired in 2012 1900 Pico Blvd - Santa Monica College Parking & Pool (1989) Expired in 2014 5 of 11 Recommended Finding: Not in Good Faith Compliance Agensys 1800 Stewart Street Agreement Effective : 10/28/2010 Expir ation: at termination of ground lease Reporting Period: 10/28/2015 to 10/28/2016 Recommended Finding: Not in Good Faith Compliance The A gensys Agreement permits a project including the following key components: 24,625 square feet for administration offices and entry lobby 45,590 square feet for manufacturing of new cancer treatments 72,050 square feet for research and development 11,390 square feet of meeting rooms, employee amenities including a cafeteria open to the public during lunchtime hours 5,140 square -feet of publicly accessible open space Publicly -accessible pedestrian path to allow access to the Bergamot Stati on 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 Café open to pedestrians during limited daytime hours TDM Program geared to the project site’s location within a “Higher Goal” District designated by the Land Use and Circulation Element (LUCE) Sculpture garden with up to 10 sculptures adjacent to t he pedestrian path Local hiring program including a job fair and a local hiring policy Student internship program Student tours 6 of 11 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. Staff received the facil ity’s annual compliance report on November 4, 2016. All of the site community benefits such as the pedestrian path linking Bergamot Station to Stewart Street, the Sculpture Garden, Pedestrian Café (LIME), public open space, and widened sidewalk were compl ete with the construction of the project site. Operational community benefits such as a local hiring program (currently 8% of its workforce is a Santa Monica resident); internship program for Santa Monica College students or Santa Monica residents; Santa Monica -Malibu Unified School District student tours; and providing shared parking for special events at Bergamot Station are on -going benefits. In particular, Agensys has continued its efforts with student tours, lectures, and programs with Santa Monica High School and hosts an annual Family Science Day for elementary, middle school, and high school students in Santa Monica. Agensys is also preparing for their third sculpture exhibit; works of art are being fabricated and installation is anticipated in M arch/April 2017. This new exhibit was reviewed by the Santa Monica Arts Commission and its Public Art Committee in a special joint meeting in September 2016. The exhibit will feature works by Lynn Aldrich, Jeremy Kidd, Bertil Peterssen & Pontus Willfors. Financial payments of $70,350 for the project’s required Bergamot Station Transit Infrastructure Contribution and $20,000 for bicycle access improvements in the area were verified in January 2014. Agensys is in good faith compliance with these Agreemen t requirements outlined above. 7 of 11 The Agensys Development Agreement specifies that Agensys’ initial employee average vehicle ridership requirement shall be 1.6 until such time that the Expo light rail is operational. More specifically, Agensys is required to achieve a 1.6 AVR rate 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). This is due to the project site’s location within a “higher goal” LUCE District for achieving vehicle trip reduction. T he Agensys Agreement also provides that in the event the applicable AVR requirement is not reached in any annual Employee Trip Reduction Plan (ETRP), Agensys shall propose modifications to the TDM program to achieve the AVR requirements by the next ETRP su bmittal. This issue of non -compliance with the AVR requirement was also reported on during the last two compliance review cycles for 2014 and 2015. As outlined in last year’s report to Council, the City disagreed with the methodology used for Agensys’ 20 15 AVR survey and the validity of the survey results as reported in its annual Employee Trip Reduction Plan (required for large employers per SMMC Chapter 9.53) because the AVR calculation reported by Agensys was based upon a survey that was taken during a period when Agensys provided transportation incentives that were not offered to its employees during times outside the survey period. This disagreement was addressed in accordance with the procedures established for employer monitoring, enforcement, and a dministrative appeals under the Transportation Demand Management Ordinance. Agensys resurveyed its employees in the February 2016 and resubmitted its Employee Trip Reduction Plan to the City in March 2016 demonstrating that the facility achieved a 1.54 AM AVR and a 1.48 PM AVR. While the City approved the Agensys’ survey methodology and revised Employee Trip Reduction Plan in April 2016, the facility did not achieve compliance with its Development Agreement requirements of 1.6 AVR for the AM and PM peak periods. As a result, City staff followed up with Agensys to clarify what additional trip reduction measures would be implemented to achieve the AVR requirement by the next reporting cycle. City staff met with Agensys on June 2, 2016 and followed up wi th correspondence and 8 of 11 telephone communications over the summer to determine whether the following four additional trip reduction measures were being implemented in accordance with staff’s previous requests: 1. Provide a daily transportation allowance for al l employees who do not drive alone to work that is at least equal to the current monthly transportation allowance ($140) divided by 20, or $7 per day. 2. Provide a car share or fleet vehicle on -site that may be utilized by all employees who bike, walk, car pool, vanpool, take transit, or otherwise commute to the worksite in a non -SOV vehicle for business and/or personal trips during the workday. This requirement could be met by providing car share subsidies to those employees for an onsite car share vehicle. 3. Provide employee bike share memberships or a minimum of four on -site Bike@Work bicycles for employees to utilize during the workday for business and/or personal trips during the workday. 4. Increased marketing of new TDM Plan Enhancements. As of September 2016, staff was unsuccessful in obtaining confirmation from Agensys regarding implementation of these plan enhancements requested by the City or other substitute measures. In October 2016, City staff was informed that a new team at Agensys would be taki ng the lead on TDM Program implementation and related obligations as a large employer pursuant to the City’s Transportation Demand Management Ordinance (SMMC Chapter 9.53). After several communications regarding timely submittal of Agensys’ annual commute survey, data from Agensys’ survey demonstrated a positive increase since the last survey in February: 1.57 AM AVR and 1.58 PM AVR. As follow up, City staff met with Agensys’ new Human Resources Director, new Vice President of Technical Operations, and Director of Engineering and Facilities Operations in December 2016. The parties discussed implementation of the additional TDM measures required to achieve the facility’s AVR requirements, Development Agreement terms, and the difficulties the City has enc ountered regarding this issue over the past two years. The new team at Agensys committed to renewing their efforts to 9 of 11 implement a robust TDM Program, and asked questions about the four additional measures designed to build on the progress made in the last reporting cycle to help achieve the 1.6 peak hour AVR requirements. Enforcement of Development Agreement Terms While discussions with Agensys regarding compliance with its AVR requirements have occurred periodically since 2014, Agensys has not made a con sistent and good faith commitment to develop a comprehensive TDM Program that includes implementation of the City staff recommended program enhancements designed to help achieve AVR requirements. The facility has not yet achieved its 1.6 AVR in the AM a nd PM peak hours and the requirement will increase to 1.75 AVR in both peak periods later this year. Accordingly, while there has been a positive increase in the facility’s AVR during the last reporting cycle, after numerous discussions and communications regarding the need to establish, submit, and implement a written plan for TDM Program enhancements, staff believes that additional efforts are necessary to achieve the necessary TDM Program enhancements. Therefore, staff's recommendation is that Agens ys be required to provide the following information (“Summary of Current TDM Plan and Proposed Plan Enhancements”), in writing, by April 17, 2017 for review and approval by City staff: 1) Summary of Transportation Demand Management (TDM) Plan, including all measures and incentives currently implemented in accordance with the Development Agreement and SMMC Chapter 9.53. 2) Detailed proposal for TDM plan enhancements that includes, at a minimum, the four measures previously identified by the City, or an alternat ive proposal for plan enhancements, subject to City approval, designed to achieve the AVR requirements of the Development Agreement. 3) Implementation schedule for TDM plan enhancements, bearing in mind that new 10 of 11 measures should be implemented in a timely m anner to allow time to assess the effectiveness of such a plan, prior to the facility’s annual commute survey of employees. If the information outlined above is not provided by April 17, 2017, staff recommends commencement of the default procedure under Article 11 of the Development Agreement. This procedure involves the issuance of a Notice of Breach, and the opportunity for cure. If the breach remains uncured, staff will return to Council for a declaration of an “Event of Non -Monetary Default” pursuan t to Section 11.3 of the Agreement (“Remedies for Non -Monetary Default”), which will then allow the City to seek other remedies at law, in accordance with the Agreement. In summary, to date, a comprehensive response to the City’s repeated request for imp lementation of TDM Plan enhancements to achieve the 1.6 AVR in the peak periods has not been provided by Agensys. With a timeline for action identified herein, the City remains available to work with Agensys to build on the peak -hour AVR improvements docum ented in the facility’s most recent employee commute survey and will look for Agensys’ commitment and actions to reach a resolution to this issue in a timely manner. Public Outreach The Municipal 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; repor ts will be made to Council annually during the first quarter of the calendar year . With respect to the Agensys property, as outlined in this report, staff will follow up on the April 17, 2017 deadline for Agensys’ submittal of the required “Summary of Cur rent TDM Plan and Proposed Plan Enhancements” and the procedures set forth in Article 11 (“Default”) of the Development Agreement between the City of Santa Monica and Agensys, Inc. until resolution is reach on this compliance issue. 11 of 11 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, Principal Planner Approved Forwarded to Council Attachments: A. Dev Agrmt Compliance Report - Pro perty Summaries (3 -7 -2017)1 B. Dev Agrmt Compliance Report - (03 -07 -2017) C. Dev Agrmt Compliance Report - AVR (3 -7 -2017)1 Attachment “A” Recommended Finding of Good Faith Compliance: Completed Projects Colorado Place I & II (Colorado Center) 2500 Broadway and 2501 Colorado Avenue Agreement Effective : 10/27/1981 Expires : 9/15/2036 Amended : 4/19 84; 7/19 84; 5/19 85; 12/19 87 ; 6/2011 Reporting Period: 10/27/2015 to 10/27/2016 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 ra nge 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 spa ce 51 units of affordable housing located off -site 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 th e 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, stree t lighting, and turn lane improvements Status of Compliance The required annual compliance report for Colorado Center was received from Boston Properties on October 31, 2016. Boston Properties , who acquired Colorado Center during the summer of 2016 , met w ith City staff to review Development Agreement terms to ensure that expectations are clear for all parties concerning key aspects of the amended Agreement. Based on staff’s review, the property owner has been determined to be in good faith compliance with all Development Agreement fee payments and community benefits associated with requirements in effect during the October 2015 to October 2016 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 As sociation 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 Rider ship (AVR) target for both the AM and PM peak periods starting in November 2013. Attachment “B” to this staff report provides the previous years’ AV R data for reference. The amended Colorado Center Development Agreement specifies that the 1.5 AVR during the peak -periods is a target, rather than a requirement. Per the amended Development Agreement, the owner’s inability to achieve the AVR target for t he peak periods shall not constitute a default within the meaning of the Agreement, provided that the owner is taking all reasonable and feasible steps to meet these targets, including implementing additional transportation demand management measures desig ned to achieve these stipulated AVR targets. Colorado Center management collects survey data for both large and small employers to determine its site -wide average vehicle ridership during the AM and PM peak periods. This expanded survey effort includes 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 per the City’s Trip Reduction Ordinance. However, the combined survey data collected by Colora do Center from its tenants in September 2016 did not include one large employer (tenant) at Colorado Center. That tenant’s annual Emission Reduction Plan had not yet been approved at the time Colorado Center’s annual report was submitted to the City. Once the tenant’s report is reviewed and approved, Colorado Center will be required to resubmit its AVR data to the City. Currently, Colorado Center data shows the property yielded a 1.37 AVR during the AM peak period (an increase over the 1.27 AVR reported in 2015) and a 1.36 AVR during the PM peak period (an increase ov er the 1.26 AVR reported in 2015 ). Though the site has not yet reached its AVR targets, and these results will need to be revised with data from the individual employer whose survey informa tion is incomplete, a number of new measures were implemented over the past year to increase average vehicle ridership for all employees at Colorado Center. During the past year, Colorado Center implemented the additional TDM measures required by the City following last year’s annual compliance review. More specifically, over the past two years, Colorado Center has expanded its “Evolve Your Commute” marketing plan to all tenants to promote alternative modes of transportation and car/vanpools to and from the property. The marketing plan reaches small and large tenants communications via newsletter, website, and social media. The topics include rideshare promotional events, bike -to -work and other commute challenges, and trip planning assistance and coordina tion. Colorado Center’s Transportation Coordinator works with CommuteSM (Ride Amigos) and VRide to assist tenants and employees in forming new vanpools and in filling vacant seats in existing vans with Water Garden, a neighboring commercial property. In summer 2015, Colorado Center launched its own Zagster Bikeshare Program for free use by all Colorado Center tenant employees. Colorado Center also contracts with Zipcar and provides two car -share vehicles and parking on site for use by both members of the public Colorado Center tenants. In the last reporting cycle, Colorado Center increased the number of hosted rideshare/bicycle/commuter events and challenges for all tenants; purchased and installed a real -time transit arrival/departure information scree n for the common area and integrated real -time transit arrival/departure data with the directories on the first floor of each building; continued its outreach with individual tenants’ transportation coordinators and contacts; hosted Expo Light Rail informa tion/outreach meetings for tenants with a Metro representative in conjunction with the Expo Light Rail line opening; and joined the Citywide Transportation Management Organization that formed last year. To address this year’s survey results, Colorado Ce nter management and staff have identified new single -occupancy vehicle trip reduction measures to implement at Colorado Center during the next reporting cycle in order to achieve the property’s AVR targets. These measures build on Colorado Center’s 2016 p lan improvements and will focus on , at a minimum, the following:  Develop, in consultation with City staff, a comprehensive transit information packet and outreach plan specifically for new tenants as vacant office spaces are leased at Colorado Center.  Sc hedule and implement individual strategic planning meetings with each tenant’s Employee Transportation Coordinator (ETC) and the City’s Transportation Management Organization to prepare a 2017 plan to help employers reach their target AVR scores. Following individual meetings, Colorado Center will host an additional meeting for all tenant ETCs summarizing a 2017 action plan and host quarterly meetings and events to promote alternative modes of transportation and ridesharing.  Establish and implement a commu nication and incentive plan for all tenants specifically addressing timely and full participation of from tenants’ employees for annual Emission Reduction Plan/Employee Trip Reduction Plan surveys.  Boston Properties will be required to update and expand its TDM plan by April 17, 2017, subject to approval by staff. Implementation will begin immediately thereafter through Colorado Center’s site -wide Transportation Management Association and Transportation Coordinator. City staff will continue its bimonthl y discussions with Colorado Center to monitor TDM plan implementation over the next calendar year and collect revised site -wide AVR data. In accordance with the Fifth Amendment, the property owner held its seventh annual community meeting on September 27 , 2016 to discuss Development Agreement compliance with residents in the vicinity of the project site. Eleven members of the public attended. The ownership continues to collaborate with Santa Monica Mid -City Neighbors on annual community events hosted at the property. Mid -City Neighbors worked with Colorado Center management and held its third annual Make Music Day at the Colorado Center park on June 21, 2016 and hosted Mid -City Neighbor’s first annual Fall Family Festival at the Colorado Center fountai n courtyard on October 30, 2016. Paseo Del Mar 1541 Ocean Avenue Agreement Effective : 1/26/1982 Expires : 10/1/2031 Reporting Period: 1/26/2016 to 1/26/2017 Good Faith Compliance Confirmed 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 10 deed -restricted affordable housing units at a prime oceanfront location $75,000 Art and Social Service fee or in -kind provision of art on -site Parking, Carpool, and Transit Incentive Program Status of Compliance The required annual compliance report was received by Planning staff on December 16, 2016 with additional annual documentation provided to the Housing and Economic Development Department as part of its work performed to confirm compliance with inclusionary housing obligations . Both Plan ning and Housing Division staff reviewed the information for the 2016 reporting period and verified that the property owner is in good faith compliance with Agreement requirements, including affordable housing obligations. National Medical Enterprise (V iacom) 2700 Colorado Avenue Agreement Effective : 4/16/1982 Expires : 4/16/2037 Amended : 1/19 87; 4/19 87; 5/19 88 Reporting Period: 4/16/2015 to 4/16/2016 Good Faith Compliance Confirmed 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 publ ic during reasonable hours Status of Compliance The required annual compliance report was received in June 2016 . Staff has verified compliance with all Development Agreement requirements for the 201 5 -201 6 reporting period. In addition, the child care fac ility has continued their outreach efforts by hosting an open house for tenant employees to ensure the facility continues to provide child care programming that meets the needs of children of employees who work at the project site. Accordingly, staff’s rev iew of the Agreement indicates that the property is in good faith 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: 6/29/2014 to 6/29/2015 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 operat ed 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 resident s (requirement expire d 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 e xisting building at 1920 6 th Street Installation of public art piece approved by the Arts Commission Status of Compliance The required annual compliance report was received on October 13, 2016. Staff has reviewed the annual report and determined that t he property owner is in good faith 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 Train ing Program and local employment recruitment goal through partnerships, participation in job fairs, and outreach with organizations such as Santa Monica High School, Santa Monica College, the Art Institute of Los Angeles (Culinary School), Pico Youth and F amily Center, Los Angeles Hotel Training Academy with Local 11 Union and HTA, and the Santa Monica Chamber of Commerce. Le Meridien Delfina continued its participation in the Santa Monica College and Santa Monica Chamber of Commerce Job Fairs and implement ed its own colleague referral program by providing incentives to current employees for referring new employees who are Santa Monica residents. There are currently a total of fifteen Santa Monica residents employed by the hotel (as of Fall 2016) compared t o eleven employees as noted in the 2016 Council report. Arboretum - Previously Colorado Place III (AO Santa Monica) 2000 -2200 Colorado Avenue Agreement Effective : 12/16/1987 Expires : 1/1/2042 Amended : 12/19 88; 2/19 95 Reporting Period: 12/16/2016 to 12/16 /2016 Good Faith Compliance Confirmed 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 floo r 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 squ are 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 that includes 97 affordable units. Community Benefits Summary TDM Program/Traffic Emission Abatement Program $721,318 Housing Parks Mitigation Fee $5,000,000 Traffic Improvement Fee On -site art installation $250,000 c hild care contribution Status of Compliance The property owner’s annual compliance report was submitted on in December 2016. After reviewing Agreement terms and all of the supporting documentation provided to the City, staff has determined that the Arbore tum is in good faith compliance with Development Agreement fee payments, remaining community benefits, and operational requirements. Housing and Economic Development Department staff monitors the property’s compliance with affordable housing requirements and confirmed that the property is in compliance with its inclusionary housing obligations. Water Garden 1620 26 th Street and 2425 Olympic Boulevard Agreement Effective : 3/23/1988 Expires : 3/23/2043 Reporting Period: 3/23/2015 to 3/23/2016 Good Faith Compliance Confirmed 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 $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 s ervices Status of Compliance After reviewing Agreement terms and all supporting documentation provided to the City on April 29, 2016, staff has determined that the Water Garden is in compliance with all Agreement fee payments, community benefits, and oper ational requirements. On November 17, 2014, the Architectural Review Board (ARB) approved plans to update and modernize the property grounds and sign program for the existing office building complex. The proposal included a reduction in the size of the existing water feature and redesign of the exterior space to improve the property’s park -like setting and provide more connection to the adjacent 26 th Street/Bergamot Expo Light Rail Station. The ARB approved ne w landscape plans, hardscape, paving, exterio r lighting, open air pavilions, amenity and recreation areas, reconfigured pedestrian drop -off zone, and an updated sign program. All work was confirmed to be in good faith compliance with Agreement requirements. All site improvements are now complete. Maguire Thomas 1733 Ocean Avenue Agreement Effective : 10/18/1990 Expires : 10/18/2045 Amended : 12/19 95 Reporting Period: 07/01/2015 to 07/01/2016 Good Faith Compliance Confirmed Th e Agreement for the property at 1733 Ocean Avenue authorizes construction o f 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 2 67 parking spaces. Community Benefits Summary $250,000 contribution to the Civic Center/Oceanfront Improvement Special Fund $403,399 Housing and Parks Impact Mitigation Fee $820,854 Affordable Lodging Mitigation Fee Status of Compliance In accordan ce with their Development Agreement, Section 19.2, City staff received the annual Development Agreement Monitoring Report from Maguire Thomas for the reporting period July 1, 2015 to June 30, 2016 on July 29, 2016. On December 17, 2014 Maguire Thomas recei ved approval of a minor DA Amendment approval in order to permit the storage of a maximum of 50 vehicles in the lowest level of the subterranean garage until October 1, 2015 when a new tenant was expected to occupy significant building space and the spaces would be needed. A site visit by staff indicated no vehicles were being stored on -site after the expiration of that approval . Based on staff’s review of the Agreement and a staff site visit, the property is in good faith compliance with the provisions of its Development Agreement. Providence Saint John’s Health Center 1328 22 nd Street / 2121 Santa Monica Blvd Agreement Effective : 7 /9/1998 Amended: 7/12/2011 Expires : 7 /9/2053 Reporting Period: 1/1/2015 to 12/31/2015 Good Faith Compliance Confirmed Pr oject Summary: Phase One As amended in July 2011, the Saint John’s Health Center Development Agreement grants approval for construction of new hospital facilities that would occur in two phases. Phase One consists of vested rights, subject to extension, for the construction of a new 475,000 square foot hospital and was completed by the end of the Phase One vesting period on January 31, 2014: 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 Project Summary: Phase Two Phase Two has a 17 -year vested rights term until July 2015, subject to extension and requirements for timely submittal of certain applications to maintain vested rights beyond the July 2015 term, to implement a Phase Two South Campus health center master plan with sufficient floor area for health care -related uses and parking as outlined in the Agreement. Consistent with Development Agreement requir ements, applications for a South Campus Master Plan and Development Review Permits for associated buildings were timely submitted prior to the Phase Two vesting deadline in July 2015 as outlined below: Up to 799,000 SF of Phase Two development authoriz ed by the original Development Agreement approved in July 1998 o Up to 396,500 SF on South Campus and 402,500 SF on North Campus All Phase Two buildings on the north and south campuses require City review and approval of Development Review (DR) Permit Applications CEQA environmental review is required for Phase Two development South Campus Master Plan Application filed on 2/5/2015 DR Permit Applications for eight Phase Two buildings filed on 3/31/2015 Development Agreement Amendment Appl ication filed on 3/31/2015  Alternative Development Agreement Amendment filed by City on 4/25/2016  Planning Commission float -up discussion held on 4/27/2016 and forwarded recommendation to Council in support of staff’s alternative regulatory framework for Phase Two including preparation of a comprehensive Phase Two Master Plan and Phasing Plan with Council authorized to review and take action on the Master Plan  Council float -up discussion held on December 6, 2016 with direction to staff to initiate negoti ations in conjunction with Providence’s request for an extension of time to complete the Phase Two Project, subject to Council’s community benefit recommendations, and the staff -recommended Development Agreement amendments to establish Council approval of a Phase Two Project Master Plan and a Phasing Plan  Planning Commission discussion on staff -recommended procedural amendment scheduled for February 15, 2017  Council discussion on staff -recommended procedural amendment scheduled for March 28, 2017  Environ mental review for the Phase Two Project to commence first quarter 2017 It is anticipated that the Phase Two Project Master Plan, Phasing Plan, and forthcoming substantive Development Agreement Amendment to establish community benefits and a revised vesti ng deadline for the Phase Two Project will be scheduled for public hearings at Planning Commission and City Council in 2018 -2019 after environmental review and project negotiations are compl eted for the Phase Two Project. Phase One Community Benefits Summ ary 2015 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. 2015 calendar year: Providence Saint John’s H ealth Center (PSJHC) provided services and cash support equal to $44,386,407 in 2015 (this sum does not include unreimbursed Medicare costs). 2015 Santa Monica Community Access Plan : A subcomponent of the annual Community Benefit Program. Annual minimum level of support: $732,000 dollar value subject to 1.5% compounded annual adjustment ($942,831 required for calendar year 2015 ). Community Access Plan requires the following health service activities: o In -kind and cash support to local non -profit agenci es that service Santa Monica residents and to the Santa Monica Malibu Unified School District o Charitable medical and mental health services provided to patients that are clients of and directly referred by local non -profit organizations o Charitable medica l and mental health services provided to patients that are students and directly referred by the School District o Free community services available to the general Santa Monica community that promote health education and preventative health services. Provi dence Saint John’s Health Center provided health services valued at $19,288,094 (this sum does not include unreimbursed Medicare costs) during calendar year 2015 through its Santa Monica Community Access Plan, an amount that is significantly greater than i ts annual requirement for 2015. Child Care Program: Non -therapeutic child care for 47 children provided, including 21 infant and toddler spaces. North Lawn: 41,000 SF public open space, including landscaping and walkways. Off -site public works i mprovements: 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 shut tle: 15 -month requirement to operate shuttle to/from Memorial Park light rail station starting within six months of the Expo light rail opening (required by First Amendment) unless duplicative public transit service is provided by the City. Off -site tra nsit 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: eleven 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 21 st Street/Arizona Avenue and payment of $15,000 for a pedestrian safety study (required by First Amendment; both amounts paid to th e City in Spring 2013; City installation of the crosswalk completed in 2016). Status of Compliance With respect to compliance with Development Agreement terms for the January 1, 2015 to December 31, 2015 review period, the annual compliance report was r eceived from PSJHC on July 5, 2016. Phase One Completion The new 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 completed in January 2 014. Annual Community Meeting The hospital held its annual community meeting to discuss Development Agreement compliance on June 28, 2016. The Health Center’s Community Ombudsperson provided the City with a summary of the issues and questions discussed a t the meeting, the annual Ombudsperson record of calls/correspondence from community members, and a summary of the Health Center’s responses to those inquiries. Transportation Demand Management With respect to compliance with vehicle trip reduction meas ures, staff has verified that Saint John’s Health Center is implementing its TDM program in accordance with Agreement terms, including the additional measures and incentives required by the First Amendment in 2011 and by City staff in 2014, 2015, and 2016. The First Amendment identifies a 1.5 Average Vehicle Ridership (AVR) standard for both the AM and PM peak periods starting in November 2013. Non -achievement of the AVR standard does not constitute a default within the meaning of the Development Agreemen t so long as the Health Center is taking all feasible steps to achieve compliance, including implementing additional transportation demand management measures designed to achieve the 1.5 peak -period AVR standards. In 2015 and 2016 the Health Center was r equired to implement a series of additional measures and incentives to increase the effectiveness of its TDM program which, in conjunction with existing TDM measures, were designed to achieve the AVR standard established by the amended Agreement. Over the past year, City staff has worked with PSJHC on a quarterly basis to discuss TDM plan enhancements and review implementation status. The following additional trip -reduction incentives were implemented subject to City staff approval in 2015/2016: 100% free vanpool for all caregivers outside 15 -mile radius. Increased internal marketing provided for this enhanced incentive Increased financial incentive to $3/day for all employees reporting they use a non -single -occupancy -vehicle (SOV) mode as t heir primary commute method The PSJHC Green Commute marketing plan to Health Center employees was redesigned and improved to feature the new incentives A 90 -day trial for all new employees to receive $3/day financial incentive to use non -SOV mode eve n if they have not committed to non -SOV mode as their primary commute method  Provided all Health Center employees with a Big Blue Bus TAP cards for use at any time and conducted marketing and outreach to staff about this benefit  Executed contract with Bi g Blue Bus to change Route 41 and establish Route 42 to create a better connection to/from the Memorial Park/17 th Street Expo Station and the Health Center  Hosted events and conducted marketing and outreach for the opening of the Expo Light Rail and the c onnections via Big Blue Bus  Retained a transportation consultant to prepare a user -friendly summary of the Health Center’s TDM Program to assist with outreach, marketing, and education to Health Center employees  Developed an online survey tool to collec t information about commute methods and shift schedules, with approval from the City and the Air Quality Management District in advance of its use Providence submitted to the City its annual AVR survey results with and without South Coast Air Quality Ma nagement District (SCAQMD) off -peak hour trip credits applied to the AVR calculation for the AM and PM peak periods. For the purposes of this discussion, the term ‘off -peak hour trips’ refers to those employee arrival/departure commute trips that occur out side of the AM and PM peak hours, Monday through Friday. The Health Center’s 2016 AVR significantly increased from 2015 as shown in the comparison table below: Reporting Period AM Peak Period AVR PM Peak Period AVR 2016 per City Methodology 1.5 AVR 1.45 AVR 2016 with AQMD Off -Peak Trip Credits (Applied to the AM & PM Peak Periods) 1.76 AVR 1.83 AVR 2015 per City Methodology 1.34 AVR 1.36 AVR 2015 with AQMD Off -Peak Trip Credits (Applied to the AM & PM Peak Periods) 1.45 AVR 1.48 AVR This year ’s survey results show substantial improvement over the past year. The Health Center’s survey results demonstrate achievement of the 1.5 AVR goal in the AM Peak; however, the 1.5 AVR goal for the PM peak period was not met. The survey and reporting meth odology for calculating Average Vehicle Ridership has an effect on how clearly the Health Center’s AVR data accounts for all employee commute trips. More specifically, Saturday and Sunday commute trips associated with a compressed work week schedule (i.e., 3/12 or 4/10 shifts) are not counted in the calculation of AVR. Furthermore, employees who arrive or depart outside of the peak periods are not counted in the calculation of the site’s Average Vehicle Ridership. Therefore the data reported to the City do es not reflect the full range of commute trips associated with the Health Center. Providence provided data to the City that uses the SCAQMD’s Off -Peak Trip Credit methodology that is part of its reporting framework to account for commute trips that occur outside of the AM peak hour period. This methodology was applied to the Health Center’s survey data to identify and provide credit for non -single -occupancy vehicle trips that occur outside of both the AM and PM peak periods. Currently, employers with 2 50 or more employees are required to submit survey data to both the City and the SCAQMD utilizing different methodology. For a 24 hour a day/7 days a week facility like the Health Center, the number of employees who work a non -traditional Monday -Friday 5/40 or 9/80 shifts is significant, and raises an issue that may warrant further discussion about the methodology for calculating AVR at facilities with non -typical shift characteristics like the Health Center. With respect to plan enhancements for 2017, City has had a series of discussions with the Health Center to formulate the additional TDM Plan measures that will be necessary, building on the enhanced plan adopted as part of the First Amendment, and the measures implemented over the past two years, in particular. The Health Center’s TDM plan modification will be finalized by end of April 17, 2016 and is subject to approval by staff. Parking Obligations The Health Center provided its annual Parking Management Plan in February 2016. Staff has reviewed the documentation and periodically monitored changes in the Health Center’s overall parking supply during the reporting year. City staff determined that the facility’s effective parking supply of approximately 1,583 spaces in February 2016 is sufficient t o meet the 1,060 -space peak parking demand for the Health Center. The parking demand summary provided in the February 2016 Walker Report is consistent with the Health Center’s previous annual submittal which estimated a peak parking demand of approximatel y 990 spaces. The current data is also consistent with the parking demand assessments previously submitted during the years 2008 -2013 which includes the time -period following the 2009 completion of the In -Patient Suites and Diagnostic and Treatment Center on the North Campus. The City also requires a minimum of 948 spaces that are either owned or deemed functionally -equivalent leased spaces, per the amended Agreement, which are provided. Therefore, in accordance with Section 2.2 of the First Amendment, PS JHC has met its requirement to provide sufficient parking to meet the peak parking demand of its various user groups and has met its requirement to provide parking that is functionally - equivalent to the originally approved North Subterranean Parking Struct ure. Summary of Compliance In summary, staff has reviewed the amended Development Agreement, all of the supporting documentation provided to the City for the January 1, 2015 to December 31, 2015 reporting year, including current 2016 AVR data. According ly, staff has determined that Providence Saint John’s Health Center is in good faith compliance with the terms and conditions of its Development Agreement, including its annual and ongoing Community Benefit Program and Santa Monica Community Access Program obligations, and Phase One construction obligations and fee payments for neighborhood protection measures approved with the First Amendment in 2011. Rand Corporation 1776 Main Street Agreement Effective : 11/23/2000 Expires : 11/23/2055 Reporting Period: 11/23/2015 to 11/23/2016 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 headqu arters 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 includ ing pursuing research funding for early childhood development Early Childhood Development Research, including organizing conferences and maintaining a child policy website $500,000 contribution to Early Childhood Development Programs/Early Child car e Education in the Civic Center Status of Compliance The required annual compliance report was received in November 2016. Based on staff’s review of Rand’s Development Agreement, including the ongoing compliance with their Transportation Demand Managemen t Program and activities relating to early childhood programs, the project has been determined to be in good faith compliance with all requirements. Lantana East 3030 Olympic Boulevard Agreement Effective : 10/28/2004 Expires : 10/28/2024 Amended : 0 8/2008 Reporting Period: 10/28/2015 to 10/28/2016 Good Faith Compliance Confirmed Lantana East consists of a 3 -story, 64,105 SF building with entertainment production/post - production studio space and 433 subterranean and surface parking spaces. Community Benefi ts Summary $356,200 joint use improvement fee for capital improvements to Edison Language Academy, plus $35,600 paid annually for five years (requirement shared with Lantana South) $266,650 child care contribution $90,000 arts contribution New public restr ooms at Stewart Park Construction of neighborhood traffic protection & off -site roadway improvements Status of Compliance The annual Development Agreement Compliance Report was submitted in August 2016 for the 2015 -2016 reporting year. Based on staff’s review of the Agreement, the project has been determined to be in good faith compliance with all Development Agreement fee payments, community benefits, and operational requirements. Lantana South 3131 Exposition Boulevard Agreement Effective : 10/28/2 004 Expires : 10/28/2024 Amended : 8/2008 Reporting Period: 10/28/2015 to 10/28/2016 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 subte rranean and surface parking spaces. Community Benefits Summary $356,200 joint use improvement fee for capital improvements to Edison Language Academy, plus $35,600 paid annually for five years (requirement shared with Lantana East) $133,350 child care contribution $60,000 arts fee Off -site roadway improvements Status of Compliance The annual Development Agreement Compliance Report was submitted in October 2016 for the 2015 -2016 reporting year. Based on staff’s review of the Agreement, the project has been determined to be in good faith compliance with all Development Agreement fee payments, community benefits, and operational requirements. The Village 1725 Ocean Avenue Agreement Effective : 5/27/2008 Expires : 12/31/2028 Reporting Period: 1 0/1/2015 to 10/1/2016 Good Faith Compliance Confirmed The Village development provides six residential buildings with approximately 324 residences, and approximately 20,000 square feet of commercial retail on three separate development sites. The followin g summarizes key project components : Site A: Two condominium buildings, with ground floor retail on Ocean Avenue Olympic Drive and Main Street frontages with approximately 66 residences Maximum 65’ building height 109,346 gross square feet (GSF) of residential and 9,930 GSF of retail uses 180 parking spaces Site B: Four affordable apartment buildings with ground -floor live/work space Approximately 28 one -bedroom, 56 two -bedroom, and 66 three -bedroom units 10 affordable units of l ive/work space intended for artists Maximum 60’ building height 191,549 GSF 197 parking spaces Site C: One condominium building (96’ height) with ground floor retail Approximately 98 one -bedroom and 98 two -bedroom residences 159,288 GSF of r esidential and 7,400 GSF of retail uses 237 parking spaces Community Benefits Summary 160 affordable units, including 10 units of live/work space intended for artists LEED Silver certified buildings Completion of the Olympic Drive Extension, inc luding signalization at the intersections of Olympic Drive with Main Street and with Ocean Avenue, with new sidewalks and landscaping $500,000 toward design, construction, operation and/or maintenance of a Civic Center Child Care Facility prior to issua nce of a Certificate of Occupancy for project buildings $700,000 Transit Service Enhancement Fund payable in two installments prior to issuance of a Certificate of Occupancy for project buildings Provide two public art pieces on site, valued at appr oximately $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 Th e Village project completed construction in late 2014. The required annual compliance report was received from The Village on November 10, 2016. Based on staff’s review of the Agreement and the owner’s annual report, the project has been determined to be in good faith compliance with Agreement requirements. Examples of these requirements include public infrastructure improvements, payment of the Transit, Cultural Arts, and Child care contributions outlined above, public art pieces, and operational requirem ents such as allocating 50% of the retail square footage to neighborhood -serving uses and providing a minimum of two spaces on site for a carshare service available to the public. In accordance with Agreement terms, the City will contract with a third pa rty independent consultant to monitor compliance with performance targets related to average vehicle ridership and peak period auto trips to the project site; this reporting will be conducted every two years and a summary will be provided in next year’s an nual report to Council. Saint Monica’s Catholic Community 725 California Avenue Agreement Effective : 5/27/2010 Expires : 5/27/2030 Reporting Period: 5/27/2015 to 5/27/2016 Good Faith Compliance Confirmed The Saint Monica’s Catholic Community Developmen t 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 Communit y 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 Summa ry TDM Program for students, employees, and parishioners Shared parking allowing neighborhood use of 15 parking spaces located at the off -site surface parking lot at 1140 7 th Street during off -peak hours Availability of a community meeting space to city departments, community groups, and nonprofit organizations Public use of the Bookstore/Coffee Bar during all operating hours Status of Compliance Pursuant to the Development Agreement, St. Monica’s completed interior renovations to the gymnasium and interior/minor exterior improvements to the Trepp Center located on -site. St. Monica’s Catholic Community is in good faith compliance with Development Agreement requirements for the 2015 -2016 reporting year. Last year, St. Monica’s this met with City staff to review its TDM Plan and implement ed additional measures during the last reporting cycle to achieve its AVR goal of 1.5 for both the AM and PM peak periods. Their latest report indicates that St. Monica’s is in complianc e with its AVR goals with an AM AVR of 1.51 and PM AVR of 1.5. 1548 6 th Street Agreement Effective : November 22, 2012 Expires : November 22, 2022 Reporting Period: 11/22/2015 to 11/22/2016 Good Faith Compliance Confirmed The 1548 6 th Street Development Agreement was approved by C ouncil 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 Construction for this project is completed. A Minor Amendment to the Development Agreement was approved on February 14, 20 14, to reduce the number of publicly - accessible bicycle racks from 28 to 24. The bicycle racks and required residential tenant bicycle repair station have been installed. The final inspection on the building permit was completed on September 24, 2014. Comp liance has been verified for the requirement to provide one one -bedroom deed -restricted, very -low income residential unit and the applicant has paid the $75,000 contribution towards transit and circulation infrastructure in the Downtown area. Arclight C inemas at Santa Monica Place 315 Colorado Avenue Agreement Effective: May 23, 2014 Expires: May 23, 2034 Reporting Period: 5/23/2015 to 5/23/2016 Good Faith Compliance Confirmed The Arclight Cinemas at Santa Monica Place project consists of conversion of approximately 50,000 square feet of existing entitled, vacant retail space on the third level of the Bloomingdale’s building located on the property into a multi -screen movie theater complex with up to 13 screens, up to 1500 seats (including stadium -style seating), related ticketing, lobby and concession space. The approved project does not include new floor area. The project includes bar/café/retail space and/or a lounge area each with food and beverage service, including alcoholic beverages. Alternative ly, the lounge area could be used for additional theater space or theater concession areas, depending upon the needs of the theater operator. To accommodate the theater, the existing roof of the Bloomingdale’s building was raised by up to approximately 36 feet, from a current height of 48 feet, to up to approximately 84 feet above existing grade. The project was approved by Council in April 2014. Project and Community Benefits Summary $140,820 Colorado Esplanade Contribution for design and physical impro vements $100,000 Downtown Wayfinding Metro Grant project Contribution Minimum LEED Gold certification per the LEED Rating System Theater Operator to make up to three movie screens available to the American Film Market during its annual film fest ival Local Hiring Provision: job fair targeted toward recruitment of local residents for theater services employment Transportation Demand Management Program including a 2.0 AVR target commencing one year after opening theater to public (or 1.75 AVR until the Fourth Street Station for the Exposition Light Rail Line is fully operational), and transit subsidies Status of Compliance The Arclight Cinemas Project completed construction and opened to the public in November 201 5 . All community benefits and construction -related requirements have been met . The Colorado Esplanade contributions ($140,820) and wayfinding program contribution ($100,000) were paid to the City as stipulated by the Agreement and prior to commencement of construction . The required w ayfinding signs in Santa Monica Place to direct members of the public to areas outside Santa Monica Place, including Santa Monica Pier and the Third Street Promenade were installed prior to opening the theater in November. Arclight submitted its require d local hiring plan to the Director of Planning in August 2015. This plan was approved and Arclight implemented its outreach and on -site job fair targeted towards recruitment of local resident candidates for employment at the theater. The Theater Operator’s Employee Transportation Coordinator (ETC) reported the results of their employee vehicle surveys to the City on October 22, 2016. The results showed a n AVR of 1.89 in the AM and 1.89 in the PM, which exceeds the required 1.75 AVR for both peak periods. Mobility Division staff is working with the Theater Operator’s ETC to enhance their TDM Program to achieve the required 2.0 AVR standard that will be required in the next reporting cycle. Based on staff’s review of the Agreement, the project has been dete rmined to be in good faith compliance with its Development Agreement requirements. 702 Arizona Avenue Agreement Effective : 12/8/2011 Expires : 12/8/2021 Reporting Period: 12/8/2015 to 12/8/2016 Good Faith Compliance Confirmed 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 parkin g. 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 el ectric vehicle charging stations Achievement of a minimum LEED Silver certification or a demonstrated equivalent sustainable design status Local hiring program Urban design features including a small pedestrian courtyard and walkway Status of C ompliance Residential and commercial occupancy of the building has begun with one of the two ground floor commercial spaces occupied to date. The required annual compliance report was received on October 31, 2016. Requirements including Transit ($50,000), Cultural Arts ($66,030), and Child care ($5,873.12) contributions were paid to the City in August 2012. Some of the community benefits that have been provided during the last reporting period include the following: Transportation information center is located in the lobby of the leasing office, and transportation information welcome packets are provided to all new residents On -site transportation coordinator is located on site Residents are charged for unbu ndled parking on site Transit passes are offered to employees and residents in lieu of parking Secure bicycle storage and shower and locker facilities are provided on site Property owner has been marketing the residential component of the project to Downtown employers as well as employers throughout the City to encourage those that work in the area to consider residing in the project AVR requirement of 1.75 is required for the employees of the commercial tenant spaces by the third year after the issuance of the Certificate of Occupancy for the project Based on staff’s review of the property, the 702 Arizona Avenue project has been determined to be in good faith compliance with its Development Agreement requirements. 1317 7 th Street Agreement Effective : 12/8/2011 Expires : 12/8/2021 Reporting Period: 12/8/2015 to 12/8/2016 Good Faith Compliance Confirmed This Development Agreement authorizes construction of a new, five -story mixed -use building with approximately 2,929 SF of neighborhood -servin g commercial space on the ground floor, 57 residential units, and two levels of subterranean parking. Community Benefits Summary One extra on -site affordable housing unit TDM Program with secure bicycle storage for residents, employees, and visitors $50,000 contribution towards transit infrastructure in the Downtown area Infrastructure for potential future installation of electric vehicle charging stations Achievement of a minimum LEED Silver certification or a demonstrated equivalent susta inable design status Local hiring program Urban design features including a small pedestrian courtyard and walkway Status of Compliance Residential and commercial occupancy of the building has begun with one of the two ground floor commercial spac es occupied to date. The required annual compliance report was received on October 31, 2016. Requirements including Transit ($50,000), Cultural Arts ($77,524), and Child care ($6,807.48) contributions were paid to the City in August 2012. The following are some of the community benefits that have been provided during the last reporting period: Transportation information center is located in the lobby of the leasing office, and transportation information welcome packets are provided to all new residents On -site transportation coordinator is located on site Residents are charged for unbu ndled parking on site Transit passes are offered to employees and residents in lieu of parking Secure bicycle storage and shower and locker facilities are provided on site Property owner has been marketing the residential component of the project to Downtown employers as well as employers throughout the City to encourage those that work in the area to consider residing in the project AVR requirement of 1.75 is required for the employees of the commercial tenant spaces by the third year after the issuance of the Certificate of Occupancy for the project Based on staff’s review of the property, the 1317 7 th Street project has been determined to be in good faith compliance with its Development Agreement requirements. Crossroads School 1731 20 th St reet Agree ment Effective : August 8, 2013 Expires : August 8, 2033 Reporting Period: 8/8/2015 to 8/8/2016 Good Faith Compliance Confirmed The Crossroads School Science Learning Center project permits development of a new three -story (41’), 23,856 SF scienc e learning center and temporary modular classrooms and 50 bicycle parking spaces. The project was approved on June 25, 2013. Community Benefits Summary Development of an educational facility that provides 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 Project construction was co mpleted for the beginning of the 2015 -2016 school year. The school operated in full compliance with Agreement requirements for project’s construction phase. The required annual compliance report was received from Crossroads School on November 22, 2016. The property owner is in good faith compliance with Development Agreement requirements. The following are some of the community benefits that have been provided during the last reporting period:  Representatives from Crossroads admissions and summer programs held an informational session on October 13, 2016 at Virginia Avenue Park for Pico neighborhood residents, Parent Connection Group (African -American and Ethiopian family groups), and Las Familias Unidas (Hispanic family group)  Pico neighborhood potential applicants were invited to a financial aid information session on November 16, 2016  Crossroads continues to prioritize residents of the Pico neighborhood for both enrollment and financial aid and offers some free enrollment for Pico neighborhood residents to classes that are not fully enrolled  Employees and students are required to pay for parking, and employees who ride a bike, walk, or take public transit to Crossroads receive financial and other incentives (bus passes, TAP cards, gift certificates, et c.)  Crossroads maintains a full time employee transportation coordinator and transportation information center Crossroads School is meeting with City staff to review its TDM Plan and implement additional measures to achieve its AVR goal of 1.6 for both the AM and PM peak periods. Their latest report indicates an AM AVR of 1.53 and PM AVR of 1.5. City staff is currently working with Crossroads to provide additional measures to their plan that will be finalized by April 17, 2017 in order to facilitate comp liance with their AVR goal. 1318 2 nd Street Agree ment Effective : July 25, 2013 Expires : July 25, 2023 Reporting Period: 7/25/2015 to 7/25/2016 The 1318 2 nd Street project consists of a four -story (45’) and 46,421 SF mixed -use development with 6,664 SF o f 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 c ontribution $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 e lectric vehicle charging stations Local Hiring Provision to facilitate the hiring of local workers during construction and for permanent commercial employees Status of Compliance The project was completed in October 2016 and a Temporary Certificate of O ccupancy has been issued for the building, pending confirmation of LEED GOLD certification from USGBC. Tenant improvement permits are pending review for the ground floor commercial tenant spaces for restaurant uses. The project has been determined to be i n general compliance with Development Agreement requirements for the 2015 -2016 reporting year. Required Development Agreement contributions towards Historic Preservation ($25,000), Transportation Infrastructure ($125,493), Colorado Esplanade $125,000, Big Blue Bus $25,000, and Open Space ($225,000) were paid to the City prior to building permit issuance. a resolution to this issue in a timely manner. Projects Under Construction Courtyard by Marriott Hotel 1554 5 th Street Agreement Effective: Decem ber 26, 2013 Expires: December 26, 2038 Project Under Construction 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 Cou ncil 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 exhibi tions at the hotel, including art sourced from professional galleries, local artists, and Santa Monica students Community access to on -site meeting space Physical space dedicated for a future bicycle sharing program station $294,000 Colorado Esp lanade contribution $50,000 Hospitality Training Academy contribution $75,000 Historic Preservation contribution Fourth Court Alley Improvement contribution (or if not implemented, contribution would become a Parks & Recreation/Open Space contr ibution of $210,000) Affordable Housing contribution of $21,000 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 st ub -outs for charging stations Minimum 30% water reduction for the hotel’s total water use Local Hiring provision: internship program, job fair, and 40% hiring goal TDM Program including a 2.0 AVR target, bicycle parking, bicycle rentals, car - share spaces, transit subsidies, etc. Physical Improvements consisting of expanded sidewalks Shared parking provision Status of Compliance The project is currently under construction with completion anticipated during the first quarter of 2017. Final i nspections for the building are underway and the project’s physical community benefits such as required bike parking and the Historic Commemorative Installation will be inspected. Required contributions towards Historic Preservation, Colorado Esplanade, Fo urth Court Alley Improvements, Affordable Housing Linkage, and the Hospitality Training Academy were provided to the City prior to building permit issuance. The project has been determined to be in good faith compliance with Development Agreement requirem ents at this current phase of the development during the 2015 -2016 reporting year. Hampton Inn & Suites Hotel 501 Colorado Avenue Agreement Effective: December 26, 2013 Expires: October 31, 2035 Project Under Construction The Hampton Inn & Suites Hote l 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 $294,000 Colorado Esplanade contribution $50,000 Hospitality Training Academy contribution $25,000 Historic Preservation contribution $69,343 Transportation Impact contribution $196,657 Parks & Recreation/Open Space contribution Minim um 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 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 sp ace Local hiring provision: internship program, job fair, and 40% hiring goal TDM Program including a 2.0 AVR target, bicycle parking, bicycle rentals, car - share spaces, transit subsidies, etc. Physical Improvements consisting of expanded sidewal ks Shared parking provision Status of Compliance The project is currently under construction with completion anticipated during the first quarter of 2017. Required contributions towards Historic Preservation, Colorado Esplanade, Transportation Infrast ructure, Parks and Recreation, and the Hospitality Training Academy were provided to the City prior to building permit issuance. The project has been determined to be in good faith compliance with Development Agreement requirements at this current phase o f the development during the 2015 -2016 reporting year. Colorado Creative Studios 2834 Colorado Avenue Agreement Effective : 9/22/2011 Expires : 9/22/2026 Project Under Construction This Development Agreement authorizes the construction of a four -stor y, 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 neig hborhood 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 café 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 Compli ance A building permit for the development of the project was issued on July 1, 2015, and is currently under construction. Compliance with the construction -related requirements of the Development Agreement are ongoing and will be continually monitored by the Building & Safety Division, Public Works Department, and City Planning Division throughout the duration of construction. The payment of the contribution to the 26 th Street/Bergamot Expo Station enhancement is required prior to the issuance of a Certif icate of Occupancy. The project has been determined to be in good faith compliance with Development Agreement requirements at this current phase of the development during the 2015 -2016 reporting year. 710 Wilshire Boulevard Agreement Effective : May 10, 2012 Expires : May 10, 2022 Compliance Not Required at this Time This Development Agreement was approved by Council on April 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 subterrane an 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 construct ion employees Status of Compliance The 710 Wilshire Boulevard project building permits were issued for construction of the subterranean parking garage, including shoring, excavation, foundation and structural work, and mechanical/electrical/plumbing work. The project design was reviewed by the Joint Design Review Body (JDRB), a single -purpose body created by the development agreement and consisting of members from the Architectural Review Board and Landmarks Commission and the JDRB’s approval was issued on March 30, 2016. The ownership is currently in plan check review for above -grade improvements to the Landmark building and in plan check review for above -grade improvements associated with the new hotel building. It is anticipated that permits will be iss ued during the first quarter of 2017. The $244,000 Transportation Infrastructure fee was paid on September 15, 2015 during the previous reporting cycle as a prerequisite to issuance of permit for foundation permit. The project sponsor indicates that the lead project contractor posted the availability of job opportunities in the Santa Monica Daily Press, notified Chrysalis Santa Monica, and New Directions for Veterans. City staff has met with the project sponsor’s Historic Preservation Consultant and St ructural Engineer to review the existing conditions report in compliance with mitigation measures to protect the existing Landmark building. Finally, a program for vibration monitoring, including real -time sensors to measure construction activities to res pond to any events that may trigger ground acceleration greater than specified in project mitigation measures. Accordingly, the project has been determined to be in good faith compliance with Development Agreement requirements at this current phase of the development during the 2015 -2016 reporting year. MINI Automobile Dealership 1402 Santa Monica Boulevard Agreement Effective: August 22, 2014 Expires: August 22, 2024 Project Under Construction The project at 1402 Santa Monica Boulevard consists of t he construction of a 33,400 square foot, 35 -foot tall automobile (MINI) dealership that would include a 6,144 square - foot sales floor and offices, 507 square -foot café, 21 service bays, and 135 parking spaces within an enclosed surface parking area and a t wo -level subterranean parking garage The project was approved by Council on July 22, 2014. Community Benefits Summary $20,000 Historic Preservation contribution $189,424.74 Transportation Infrastructure contribution Minimum LEED Platinum certification as established by the LEED Rating system Photovoltaic solar panels Two electric vehicle charging stations and two conduits for charging stations Local hiring provision Internship program TDM Program including a 1.6 AVR target (1.75 AVR with Memorial Park Station fully operational for at least one year), bicycle parking, employee transportation allowa nce and parking cash out, free on -site shared bicycles for employees, etc. Café at corner of the project site open to the public during hours no less than 8:30 a.m. to 4:00 p.m., Monday through Saturday, with a minimum of 10 seats Status of Compliance The project is currently under construction with completion anticipated by Summer 2017. The property owner is operating in good faith 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. Transportation Infrastructure contribution ($189,424.74) and His toric Preservation contribution ($20,000) were paid prior to the issuance of a building permit in September 2015. 1112 -1122 Pico Boulevard Agreement Effective: December 26, 2014 Expires: December 26, 2024 Project Under Construction The 1112 -1122 Pico Bo ulevard project consists of construction of a 32,088 square -foot, 45 -foot -tall residential building consisting of 32 two -bedroom rental units and a two -level subterranean parking garage with 64 parking spaces, Four of the residential units are deed -restric ted as affordable for occupancy by 50% Income Households and 11 additional units are price -restricted. The project was approved by Council on November 25, 2014. Community Benefits Summary Four residential units deed -restricted as affordable for occupan cy by 50% Income Households 11 price -regulated residential units $77,453.55 Transportation Infrastructure contribution $149,980.50 Parks and Open Space contribution Minimum LEED Platinum certification as established by the LEED Rating system Photovoltaic solar panels Two electric vehicle conduits for charging stations Local hiring provision TDM Program including a 2.0 AVR target, carshare parking space, long - and short -term bicycle storage/parking, bicycle rentals, two free on -si te shared bicycles for resident and visitor use, car -share spaces, transit subsidies, etc. Physical Improvements consisting of expanded sidewalks Shared parking provision Status of Compliance The project is currently under construction with permits issued for demolition, foundation, excavation, and shoring . Plan check review is in progress for the residential building . 2930 Colorado Avenue Agreement Effective : May 9, 2013 Expires : May 9, 2023 Project Under Construction The 2930 Colorado Avenu e 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 child care subsidies for low income families (includes voluntary assignment of required child care 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 enti ties 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 gre en 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 employm ent for commercial uses greater than 1,500 SF Status of Compliance The project is currently under construction with permits issued for demolition, foundation, excavation, shoring , and the main building . The project sponsor indicates that the lead project contractor posted the availability of construction job opportunities in the Santa Monica Daily Press on May 6, 2016 . Per the Development Agreement, ten trailer pads remain on the Residual Parcel with upgraded water and gas services provided to all residen ts currently living on the Residual Parcel. As noted in the previous reporting cycle, the required $350,000 contribution for Senior and Disabled Services was paid on May 12, 2015. The funds were disbursed as part of the Community Cultural Services Depa rtment - Human Services Division grant cycle. These funds will be distributed over the next four years to the following agencies: Meals on Wheels West - More than a Meal: Home Delivered Meals OPCC - Interim Housing and Wellness Program Westside Center for Independent Living - Independent Living Services WISE & Healthy Aging - Care Management Federal Transit Administration - New Freedom Program (Cash Match) Human Services Division - Senior Housing Task Force Update on Projects Not Under Construction 401 Broadway Agreement Effective : February 9, 2012 Expires : February 9, 2022 Amended: October 22, 2013 Compliance Not Req uired at this Time 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 a mendment 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 providing additional space for pedestrians at t he street 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. An Administrative Approval and Architectural Review Board approvals were issued for a 7,500 SF commercial building in 2015. This commercial building is currently under construction and is not associated with the approved De velopment Agreement. 1415 5 th Street Agreement Effective: November 27, 2015 Expires: November 27, 2018 Compliance Not Required at this Time The 1415 5 th Street project mixed -use project involving construction of a six -story (84 feet) building consistin g of approximately 52,545 total square feet: 6,345 square -feet of ground floor commercial space, 64 residential units, and 105 parking spaces within a three -level subterranean parking garage. The project was approved by Council on October 13, 2015. Commu nity Benefits Summary 14 deed -restricted affordable units Minimum LEED Platinum certification as established by the LEED Rating System Water conservation requirement fifty percent (50%) below the CALGreen (Title 24) baseline for exterior water use and landscaping, and (ii) 30% below the CALGreen (Title 24) baseline for interior building water use Energy conservation designed to use and shall achieve 15% less energy than required by the California Energy Code TDM Program including a Transformat ion Information Center, employee secure bicycle storage, employee showers and locker facilities, short -term bicycle parking, unbundled parking, AVR target of 2.2, parking cash out and 100% transportation allowance $20,000 Transportation Management Assoc iation contribution $40,000 Big Blue Bus contribution $90,000 Enhanced Transportation Impact Fee $280,000 Enhanced Parks and Recreation Fee $100,000 Early Childhood Initiatives contribution $50,000 Historic Preservation contribution $3 00,000 Water Conservation Program contribution Local hiring provision Shared parking provision Local preference marketing plan 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. 1560 Lincoln Boulevard Agreement Effective: November 27, 2015 Expires: November 27, 2018 Compliance Not Required at this Time The 1560 Lincoln Boulevard project was approved by Council on October 13, 2015 for a new five -story, 102,500 square -foot mixed -use project consisting of 100 residential units, 13,800 square feet of ground floor commercial space, and 232 parking spaces within a three -level subterranean parking garage. It is antici pated that Architectural Review Board consideration of the building’s design, colors, and materials will occur later this year. Community Benefits Summary 20% On -Site affordable housing: 20 residential units o 50% income households: 10 one -bedroom unit s & 5 two -bedroom units o 80% income households: 5 two -bedroom units Enhanced impact fees o Transportation Impact Fee: $750,000 o Parks and Recreation Fee: $745,000 o Affordable Housing Commercial Linkage Fee: $175,000 Early Childhood Initiatives contrib ution: $150,000 Historic Preservation contribution: $50,000 Big Blue Bus contribution: $80,000 Transportation Management Association contribution: $50,000 Transportation Demand Management Plan including a 2.2 AVR target, short and long -te rm bike parking, and a 100% transportation allowance Sustainability elements o LEED® for Homes Platinum Certification o Solar panels o 15% less energy than required by California Energy Code o Interior building water usage 30% below CALGreen baseline standards o Non -potable water for landscape irrigation and exterior water usage of 50% below CALGreen baseline standards o Water Conservation contribution of $300,000 Bioswale infiltration system that would capture, treat, and infiltrate stormwater along Lincoln Bo ulevard Electric vehicle parking Shared parking for City use: 20 parking spaces Community meeting space Local hiring program Status of Compliance During the 2015 -2016 reporting year, the building’s design, colors, materials, landscaping, and s ignage was approved on December 19, 2016. The forthcoming year will include the submittal of construction drawings for building permit review and selection of an artist for the on -site public art component to satisfy the project’s private development cultu ral arts requirement. 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. 1601 Lincoln Boulevard Agreement Effective: February 12, 2016 Expires : February 12, 2019 Compliance Not Required at this Time The 1601 Lincoln Boulevard project was reviewed by Council on December 8, 2015 and the project was approved on second reading of the ordinance on January 12, 2016. The project consists of a new five -story, 77,758 square -foot mixed -use project consisting of 90 residential units, 10,617 square feet of ground floor commercial space, and 168 parking spaces within a two -level subterranean parking garage. It is anticipated that Architectural Review Board consideration of the building’s design, colors, and materials will occur later this year. Community Benefits Summary  21% On -Site affordable housing: 19 residential units o 50% income households: 11 one -bedroom units, 2 two -bedroom units, and 1 three -bedroom unit o 80% income households: 2 one -bedroom units & 2 two -bedroom units o Moderate income households: 1 studio unit  Enhanced Impact Fees o Transportation Impact Fee: $820,000 o Parks and Recreation Fee: $600,000 o Affordable Housing Commercial Link age Fee: $175,000  Early Childhood Initiatives contribution: $150,000  Historic Preservation contribution: $50,000  Big Blue Bus contribution: $80,000  Transportation Management Association contribution: $50,000  Transportation Dem and Management Plan including a 2.2 AVR target, short and long -term bike parking, and a 100% transportation allowance  Sustainability elements o LEED® for Homes Platinum Certification o Solar panels o 15% less energy than required by California Energy Code o Interior building water usage 30% below CALGreen baseline standards o Non -potable water for landscape irrigation and exterior water usage of 50% below CALGreen baseline standards o Water Conservation contribution of $300,000  Electric vehicle parking fo r 20% of the parking spaces (i.e. 34 spaces)  Shared parking for City use: 15 parking spaces  Local hiring program Status of Compliance The project is currently in plan check and building permits authorizing the start of construction have not be en issued. As such, there is no compliance to monitor at this time. Once a building permit is issued, compliance with the construction -related requirements of the Development Agreement will commence and be continually monitored by the Building & Safety Div ision, Public Works Department, and City Planning Division throughout the duration of construction. 500 Broadway Agreement Effective: June 24, 2016 Expires: June 24, 2026 Compliance Not Required at this Time The 500 Broadway project was approved by Cou ncil in May 2016 for a new seven -story, 301,830 SF mixed -use project consisting of 249 residential units, 35,428 SF of ground floor commercial space, and 524 parking spaces within a four -level subterranean parking garage. During the forthcoming year, the b uilding’s design, color, materials, and landscaping will be submitted to the Architectural Review Board for consideration and construction drawings will be submitted for building permit 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. The off -site affordable housing component for the 500 Broadway Development Agreement was approved by the Planning Commission in May 2016 (Development Revi ew Permit). The Architectural Review Board approved the building’s design, colors, materials, and landscaping in July and the project was awarded tax credits for the project in September. A demolition permit was issued for the site in November and the cons truction drawings are currently under review. It is anticipated that the project will obtain building permits and commence construction during the next 12 months. Community Benefits Summary  Off -Site 100% Affordable Housing Project: 64 Residential Un its o 29 one -bedroom units o 18 two -bedroom units o 17 three -bedroom units  Publicly Accessible Open Space  LEED Platinum Certification  Water Conservation Measures o Use of Non -Potable Water for Landscaping and Toilet Use  Energy Conservation Measures  Transpo rtation Demand Management Plan  Electric Vehicle Parking  Local Hiring Program  Unreserved Commercial Parking  Community Meeting Space  Enhanced Impact Fees o Enhanced Transportation Impact Fee: $1.65 M o Enhanced Parks and Recreation Fee: $1.7 M o Enhanced Af fordable Housing Commercial Linkage Fee: $325,000 o Early Childhood Initiatives Contribution: $1.1 M o Historic Preservation Contribution : $150,000 o Big Blue Bus Contribution: $240,000 o Transportation Management Association Contribution : $150,000 o Recycled W ater Infrastructure Program Improvements and Contribution: $1.1 M 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. 1 Attachment B : Sample of T DM Program elements included in Development Agreements since 20 10 Development Agreements Average Vehicle Ridership Peak Hour (AVR) Bicycle Parking & Amenities Tran sit / Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incentives -and - Transit Coordinator/ Information Center 2401 -2525 Colorado Avenue (Colorado Center Amendment ) (2011)  1.5 AVR starting in 2013  1.6 AVR with Light Rail  117 bicycle parking spaces n/a  Establish and operate facility -wide TMA Provides shared parking facility  Yes  Yes 2121 Santa Monica Boulevard (Providence Saint John’s Health Center Amendment ) (2011)  1.5 AVR starting 2013  1.6 AV R with Light Rail  90 bicycle parking spaces  Shower & locker  Space for future bicycle sharing station $100,000 for Memorial Park Expo Station improvements Required 1 5 -month shuttle operation  Co -lead TMA formation in Healthcare District  Fund T MA study  Participate in Healthcare District TMA Utilizes off - site shared parking facility  Yes  Yes 725 California Avenue (Sai nt Monica’s Catholic Community) (2010)  1.5 AVR for employees within two years of Cert. of Occupancy issuance (2 014)  50 bicycle parking spaces  Shower & locker n/a  Assist in formation of geographic - based TMA if City requires  Participate in future geographic - based TMA Provide s shared parking facility  Yes  Yes 2 Development Agreements Average Vehicle Ridership Pea k Hour (AVR) Bicycle Parking & Amenities Transit/ Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incentives -and - Transit Coordinator/ Information C enter 1800 Stewart Street (Agensys) (2010) Requirement :  1.6 AVR  1.75 AVR with Light Rail  25 bicycle parking spaces  Shower & locker $70,350 Bergamot Station infrastructure contribution $20,000 for bicycle access improvements  Participat e in future geographic - based TMA Permitted to share parking  Yes  Yes 2834 Colorado Avenue (Colorado Creativ e Studios) (2011)  1.6 AVR  1.75 AVR with Light Rail  64 bicycle parking spaces  Shower & locker  Space for future bicycle sharing statio n $363,200 for Bergamot Station enhancements  Participate in future geographic - based TMA Provide shared parking facility  Yes  Yes 702 Arizona Avenue (2011) 1.75 AVR by third year of occupancy  63 bicycle parking spaces  Shower & locker $50,000 transit infrastructure contribution for Downtown area  Participate in future geographic - based TMA Permitted to share parking  Yes  Yes 1317 7 th Street (2011) 1.75 AVR by third year of occupancy  67 bicycle parking spaces  Shower & locker $50,000 t ransit infrastructure contribution for Downtown area  Participate in future geographic - based TMA Permitted to share parking  Yes  Yes 401 Broadwa y (2012 & 2013 Amendment ) 2.0 AVR by third year of occupancy  89 bicycle parking spaces (including secur e spaces for employees and residents, and publically assessable for commercial and residential visitors)  Shower & locker $125,000 contribution for transit/circulation infrastructure in the Downtown area  Participate in future geographic - based TMA Requ ired to unbundle parking  Yes  Yes 710 Wilshire Boulevard (2012) 1.75 AVR by third year of occupancy  64 secure bicycle parking spaces (employees) and bicycle check for hotel guests  16 guest bicycle parking spaces  20 bicycles for shared us e by guests (or provide vouchers) $244,000 Transportation infrastructure fee  Assist in formation of geographic - based TMA if City requires Permitted to share & unbundle parking  Yes  Yes 3 Development Agreements Average Vehicle Ridership Peak Hour (AVR) Bicycle Parking & Amenities Transit/ Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incentives -and - Transit Coordinator/ Informati on Center 1548 6 th Street (2012) 1.75 AVR by second year of occupancy  108 secure bicycle parking spaces for residents  28 publically accessible spaces  Residential tenant bicycle repair station $75,000 contribution towards transit and cir culation infrastructure in the Downtown area  Participate in future geographic - based TMA Permitted to share & unbundle parking  Yes (transit information center) 2930 Colorado Avenue (2013)  1.5 AVR for commercial tenants  PM peak - hour vehicle trip cap established  64 bicycle parking spaces for visitors  5 secure bicycle parking spaces (employees)  377 spaces for residents  Residential tenant bicycle repair station  Shower & locker  Space for future bicycle sharing station $1,650,000 Transportation infras tructure fee  Participate in future geographic - based TMA  Fund $50,000 toward area TMA formation Requireme nt to share portion of parking & permitted to unbundle parking  Yes  Yes 1318 2 nd Street (2013) 2.0 AVR by the third year of occupancy  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 resident s  Shower & locker $125,493 transit infrastructure contribution $125,000 Colorado Esplanade public improvements $25,000 Big Blue Bus contribution  Participate in future geographic - based TMA Required to unbundle parking  Yes  Yes 4 Development Agree ments Average Vehicle Ridership Peak Hour (AVR) Bicycle Parking & Amenities Transit/ Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incentives -and - Transit Coordinator/ Information Center 1731 20 th Street (Crossroads School – Science Building ) (2013)  1.6 AVR until the second year after opening of Light Rail  1.75 AVR by the third year after opening of Light Rail  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 (and increase as needed) n/a  Participate in th e formation of a geographic - based TMA  Yes  Yes 1554 5 th Street (Courtyard by Marriott Hotel) (2013)  2.0 AVR from one year after the City’s issuance of a f inal certificate of occupancy  1.75 AVR if Light Rail is not fully operational at that time  31 l ong -term bicycle parking spaces for employees and hotel guests  12 short -term bicycle parking spaces for visitors  10 bicycles available for rental by hotel guests  Shower & locker $294,000 Colorado Esplanade contribution $210,000 for 4 th Court alley bi cycle improvements OR parks and recreation contribution if 4 th Court project not pursued  Participate in establishment of future geographic - based TMA Permitted to share parking  Yes  Yes 501 Colorado Avenue (Hampton Inn & Suites Hotel) (2013)  2.0 AV R from one year after the City’s issuance of a final certificate of occupancy  1.75 AVR if Light Rail is not fully operational at that time  33 long -term bicyc le parking spaces for employees/hotel guests  12 short -term bicycle parking spaces for visitors  10 bicycles available for rental by hotel guests  Shower & locker  Space for future bicycle sharing station $69,343 for Downtown area tran sportation infrastructure improvements $294,000 Colorado Espla nade c ontribution  Participate in formation of futu re geographic - based TMA Permitted to share parking  Yes  Yes 5 Development Agreements Average Vehicle Ridership Peak Hour (AVR) Bicycle Parking & Amenities Transit/ Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incentives -and - Transit Coordinator/ Information Center 31 5 Colorado Avenue (Arclight Theater at Santa Monica Place ) (2014)  1.75 AVR if Light Rail is not fully operational at that time  2 .0 AVR from one year after the City’s issuance of a final certificate of occupancy or theater open to public if Light Rail is operational $120,000 Colorado Esplanade c ontribution $20,820 Colorado Avenue design costs $100,000 Downtown Wayfinding  P articipate in formation of future geographic - based TMA  Yes  Yes 1402 Santa Monica Blvd (Mini Dealership ) (2014)  1.6 AVR comm encing from issuance of Certificate of Occupancy  1.75 AVR by the first year after the City’s issuance of a Certificate of Occu pancy if the Light Rail has been fully operational for at least one year  10 secure long -term employee bicycle parking spaces  10 convenient short -term customer/visitor parking spaces on ground floor  Free on -site shared bicycles (unless Bikeshare is with in two blocks)  Shower & locker $189,424.74 for transportation infrastructure improvements  Participate in t he formation and activities of TMA  Yes  Yes 6 Development Agreements Average Vehicle Ridership Peak Hour (AVR) Bicycle Parking & Amenities Tran sit/ Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incentives -and - Transit Coordinator/ Information Center 1112 Pico Blvd (2014)  4 short -term b icycle parking spaces  L ong -term bike parking spaces provided on site (one space per bedroom)  Bicycle tools and repair stand  2 free on -site shared bicycles (unless Bikeshare is within two blocks) $77,453.55 for transportation infrastructure improvements  Participate in the formation and activities of TMA Unbundled parking  Yes  Yes 1560 Lincoln Blvd (2015)  2.2 AVR  Short -term bicycle parking spaces provided on site  Long -term bike parking spaces provided on site  Lockers and showers provided on site $750,000 Transportation Impact Fee $80,000 Big Blue Bus contribution  Fund $50,000 toward area TMA formation Unbundled parking Shared parking for City use  Yes  Yes 1415 5 th Street (2015)  2.2 AVR  Short -term bicycle parking spaces provided on site  Long -term bike parking spaces provided on site  Lockers and showers provided on site $90,000 Transportation Impact Fee $40,000 Big Blue Bus contribution  Fund $20,000 toward area TMA formation Unbundled parking Shared parking  Yes  Yes 7 Deve lopment Agreements Average Vehicle Ridership Peak Hour (AVR) Bicycle Parking & Amenities Transit/ Infrastructure Contribution Light Rail Shuttle Transportation Management Association (TMA) Shared Parking Facility Employee Parking Cashout / Financial Incen tives -and - Transit Coordinator/ Information Center 1601 Lincoln Blvd (2016)  2.2 AVR  Short -term bicycle parking spaces provided on site  Long -term bike parking spaces provided on site $820,000 Transportation Impact Fee $80,000 Big Blue Bus contrib ution  Fund $50,000 toward area TMA formation Unbundled parking Shared parking for City use  Yes  Yes 500 Broadway (2016)  2.2 AVR within two years after the City’s issuance of a Certificate of Occupancy  112 Short -term bicycle parking spaces provided on site for commercial (75) and residential (37)  432 Long -term bike parking spaces provided on site for commercial (64) and residential (368)  2 employee showers and locker facilities.  On -site shared bikes for employees and residents.  Free bike valet.  Bicycle tool and repair facility on -site. $1,650,000 Transportation Impact Fee $240 ,000 Big Blue Bus contribution  Participate in the formation and activities of TMA .  $150,000 contribution toward area TMA formation Unbundled parking Unreserve d/shared commercia l parking  Yes , parking cash out, transportation allowance (res + com).  Yes 1 Attachment C : Regulated Average Vehicle Ridership Data - Development Agreements since 2010 Development Agreements Average Vehicle Ridership Peak Hour (AVR) Agreement terms: 2011 2012 2013 2014 2015 2016 Comments 725 California Avenue (Sai nt Monica’s Catholic Community) (2010) Goal:  1.5 AVR for employees within two years of Ce rt. of Occupancy issuance in 2014 n/a n/a n/a n/a 1.34 AM AVR 1.32 PM AVR 1.51 AM AVR 1.5 PM AVR In C ompliance Survey Week: September 19, 2016 1800 Stewart Street (Agensys) (2010) Requirement :  1.6 AVR  1.75 AVR with in one year of Light Rail opening n/a n/a 1.26 AM AVR 1.28 PM AVR 1.35 AM AVR 1.36 PM AVR 1.48 AM AVR * 1.54 PM AVR * *Data resulting from a required re -survey conducted in February 2016 1 .57 AM AVR 1.58 PM AVR Survey Week: October 17, 2016 2401 -2525 Colorado Avenue (Colorado Center ) (5 th Amendment 2011) Target:  1.5 AVR starting in November 2013  1.6 AVR once Expo is open and operating as anticipated n/a n/a 1.40 AM AVR 1.35 PM AVR 1.44 AM AVR 1.43 PM AVR 1.27 AM AVR 1.26 PM AVR 1.3 7 AM AVR* 1.36 PM AVR* Survey W eeks: V ariable June -October 2016 Ownership is responsible for surveying small employers (tenants) at the property and gathering data prepared by large employe rs (tenants) to determine AVR for the property as a whole. *Subject to change: this data does not include one tenant in the complex. A recalculation will be required once tenant data is provided to Ownership. 2 Development Agreements Average Vehicle Ride rship Peak Hour (AVR) Agreement terms: 2011 2012 2013 2014 2015 2016 Comments Survey Week Mode -Split Data 2121 Santa Monica Boulevard (Providence Saint John’s Health Center Amendment) (First Amendment 2011)  1.5 AVR starting 2013  1.6 AVR with in one year of Light Rail opening n/a 1.35 AM AVR 1.34 PM AVR n/a 1.4 AM AVR 1.27 PM AVR 1.42 AM AVR 1.41 PM AVR 1.36 AM AVR 1.31 PM AVR 1.34 AM AVR 1.36 PM AVR With AQMD trip credits & weekend compressed schedule: 1.45 AM AVR * 1.48 PM AVR * 1.5 AM AVR 1.45 PM AVR In C ompliance for AM Peak Period With AQMD trip credits & weekend compressed schedule: 1.76 AM AVR* 1.83 PM AVR* Survey Week: August 29, 2016 * With AQMD trip credits for employees who depa rt/arrive outside of peak hours ; also factors in compressed week schedule trips that occur on Sat/Sun 1548 6 th Street (2012) 1.75 AVR by second year of commercial tenant space occu pancy n/a n/a n/a n/a Baseline AVR TBD * Baseline AVR TBD * *Baseline AVR not required until commercial tenant spaces are occupied 3 Development Agreements Average Vehicle Ridership Peak Hour (AVR) Agreement terms: 2011 2012 2013 2014 2015 2016 Comments Survey Week Mode -Split Data 1731 20 th Street (Cross roads School – Science Building) (2013)  1.6 AVR until the second year after opening of Light Rail  1.75 AVR by the third year after opening of Light Rail n/a n/a n/a n/a 1.54 AM AVR 1.50 PM AVR 1.53 AM AVR 1.5 PM AVR Survey W eek: May 23, 2016 315 Colorado Avenue (Arclight Theater at Santa Monica Place) (2014)  1.75 AVR if Light Rail is not fully operational at that time  2.0 AVR from one year after the City’s issuance of a final certificate of occupancy or theater open to public if Light Ra il is operational n/a n/a n/a n/a n/a 1.89 AM AVR 1.89 PM AVR In C ompliance Survey Week: September 14, 2016