SR 04-10-2018 8B
City Council
Report
City Council Meeting: April 10, 2018
Agenda Item: 8.B
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Annual Review of Development Agreement Compliance
Recommended Action
Staff recommends that the City Council:
1. Review the status of Development Agreement compliance; and
2. Determine good faith compliance for those that are in compliance and listed as
such in Table 1.
Executive Summary
Many major Santa Monica projects in recent years have been entitled with Development
Agreements that set forth terms and conditions of approval. This report provides an
annual summary of the status of compliance for each of the 33 Development
Agreements that are currently in effect and subject to annual compliance report
submittals. Council last reviewed the status of Development Agreement complia nce at
its March 7, 2017 meeting. Since the passage of an ordinance establishing the City’s
Development Agreement framework in 1982, 33 Development Agreements have been
enacted that are still in effect:
Project Status Count
Completed 23
Under Construction 5
Not Commenced 5
TOTAL 33
This includes two projects approved since Council’s last annual review of Development
Agreement compliance: 1325 6th Street and 1430 Lincoln Boulevard. Based on staff’s
review of each of the 28 projects already built or under construction, staff recommends
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Council determine that all of these agreements are in good faith compliance with
requirements specified for each property. A summary of the 33 projects is below in
Table 1.
Newer Development Agreements typically carry requirements for reducing traffic
generated by the projects. While defined as being in good faith compliance, 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 Average Vehicle Ridership
(AVR) targets identified in each Agreement. These three properties are Colorado
Center, Providence Saint John’s Health Center, and Saint Monica’s Catholic
Community. For each of these three Agreements, the AVR targets are structured as
goals and not requirements. More specifically, the owner’s inability to achieve the AVR
target for the peak periods doesl not constitute a default within the meaning of the
Agreement, provided that the owner is taking all reasonable and feasible steps to
achieve compliance, including implementing additional single-occupancy trip reduction
measures as specified by the City.
Background
Chapter 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
compliance with the terms and conditions of the Agreements. In accordance with the
Municipal Code statute governing Development Agreements, the applicant or successor
must demonstrate good faith compliance with the terms of the Agreement. The term
“good faith compliance” generally means: (a) compliance by Developer with the
requirements of existing regulations, except as otherwise modified by the Development
Agreement; and (b) compliance by Developer with the terms and conditions of the
Development Agreement, subject to the existence of any specified excusable delays (as
defined in the Development Agreement) which prevented or delayed the timely
performance by Developer of any of its obligations under the Development Agreement.
If, as a result of the periodic review, the City Council finds and determines, on the basis
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of substantial evidence, that the applicant or successor hasn’t complied in good faith
with the terms or conditions of the agreement, the City Council may commence
proceedings to enforce, modify, or terminate the Development Agreement.
Each Development Agreement contains unique time frames, obligations, and
requirements. The obligations can be one-time or ongoing; some are fees, some are
actual physical improvements, and some are ongoing services.
Planning 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 Development performs the annual compliance
review of affordable housing obligations in Agreements, while Community and Cultural
Services performs the review of child care program obligations.
Early Development Agreements Not Subject to Monitoring
As explained in compliance reports submitted to Council in 2010-2017, there are five
very early Development Agreements that are not subject to ongoing monitoring:
Lincoln Property/Phase II of the Ocean Park Redevelopment Area
1426 California Avenue
2823-2825 Santa Monica Boulevard
1040 4th Street (Dorchester)
701 Santa Monica Boulevard
In general, these early Development Agreements required certain street improvements
and, in some cases, the payment of fees. For example, the Agreement for 701 Santa
Monica Boulevard required the payment of an Arts and Social Service Fee and an In -
Lieu Housing Fee. Such fee obligations were satisfied when the projects were
completed. Thus, compliance and monitoring have not, in general, been an issue.
The Dorchester at 1040 4th Street, which was one of the City’s earliest efforts to create
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affordable housing, is the only project in the City that includes affordable units that are
condominiums, instead of apartments. The model proved to be problematic in several
ways. There were problems with recordation and notification of the affordability
requirement. Some of the unit owners purchased intending to live there themselves or
house a family member. Many purchased with arguably insufficient notice of the
restrictions. Most had no experience in property management, much less the
management and financing of a lone affordable unit. For the Housing Division’s
monitoring period in 2017, of the fifteen units, ten of the owners filed compliance reports
pursuant to the Development Agreement. Four of the unaccounted units are part of
settlement agreements with the City, and the matter of the remaining unit has been
referred to the City Attorney’s Office.
Discussion
As a result of staff’s review of all 33 Development Agreements subject to compliance
reporting, staff has determined that all 23 constructed projects and all five under-
construction projects are in good faith compliance. The remaining five Development
Agreements do not require monitoring. Attachment A summarizes all Agreements where
annual compliance reports are required and have been submitted for the current review
period, and provides a brief status update on the projects under construction and those
properties where construction has not yet commenced. As summarized below and
detailed more fully in Attachment A, the three properties that are working to increase the
their AVR results have implemented TDM plans during the annual reporting cycle and
will be required to implement additional measures to reduce SOV trips and also focus
on improving survey methodology to increase the accuracy of the annual AVR data
collected to better reflect the full range of employee commute trips associated with each
property.
Colorado Center management collects survey data from its tenants from 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
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Ordinance. Colorado Center’s AVR target is 1.5 during both the AM and PM peak
periods. The property achieved a 1.40 AVR during the AM peak period (an increase
over the 1.37 AVR reported in 2016) and a 1.42 AVR during the PM peak period (an
increase over the 1.36 AVR reported in 2016). As detailed more fully on pages 1-4 of
Attachment A, Colorado Center will be required to implement measures focused on
restructuring its carpool incentive program, and continuing full implementation of its
Evolve Your Commute marketing and incentive program for the property. Colorado
Center management will also be required to work with tenants’ Employee
Transportation Coordinators to quantify the SOV trip reduction necessary for each
employer and to structure tenant-specific incentives to achieve the site-wide AVR peak
period targets.
Providence Saint John’s Health Center has a 1.6 AVR target for the AM and PM peak
periods. The Health Center reported a 1.5 AVR for the AM peak period and a 1.39 AVR
for the PM peak period. Subsequent to submittal of the AVR data, the Health Center
provided documentation that the employee assumption for the PM peak period was
inaccurate and that, with the adjustment for the inaccurate employee count, the Health
Center’s PM peak period AVR is 1.51. As detailed more fully on pages 9-16 of
Attachment A, the Health Center’s 2017 AVR survey documented that approximately 55
more caregivers took the bus, biked, walked, or carpooled in the PM peak period
compared to 2016. Providence Saint John’s Health Center will be required to continue
implementation of all its previously approved Green Commute Program enhancements
and work with City staff to make improvements to the facility’s survey methodology to
increase the accuracy of its annual AVR data collection. This increase in accuracy will
serve to better-reflect the full range of employee commute trips associated with the
facility’s 24 hour a day/7 days a week operations and provide a clearer baseline to
establish program incentives for employees.
The Development Agreement for Saint Monica’s Catholic Community specifies a 1.5
AVR for the AM and PM peak periods. Saint Monica’s reported a 1.44 AM AVR and a
1.38 PM AVR with an 88% survey response rate in the AM and 87% in the PM. City
staff believes that, if a 90% response rate had been achieved (three more AM surveys
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and four more PM surveys), Saint Monica’s would have been much closer to their target
of a 1.5 AVR. As detailed more fully on pages 19-20 of Attachment A, staff is scheduling
a meeting with Saint Monica’s to discuss compliance, including ways to garner a higher
survey response rate to ensure that additional trip reduction measures are responsive to
the full range of employee commutes.
Attachments B and C also provide a summary of TDM program measures that have
been incorporated in newly-approved or amended Development Agreements since
2010 in conjunction with the City’s Land Use and Circulation Element (LUCE)
implementation.
Development Agreements (33)
Recommended
Finding:
Good Faith
Compliance
Completed
Projects
(23)
Recommended
Finding:
Not in
Good Faith
Compliance
Completed
Projects
(0)
Recommended
Finding:
Good Faith
Compliance
Under
Construction
(5)
Construction
Has Not
Commenced
(5)
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) •
3030 Olympic Blvd - Lantana South
(2004) •
1725 Ocean Ave - The Village (2008) •
725 California Avenue - Saint Monica’s
Catholic Community (2010) •
1800 Stewart St - Agensys (2010) •
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Development Agreements (33)
Recommended
Finding:
Good Faith
Compliance
Completed
Projects
(23)
Recommended
Finding:
Not in
Good Faith
Compliance
Completed
Projects
(0)
Recommended
Finding:
Good Faith
Compliance
Under
Construction
(5)
Construction
Has Not
Commenced
(5)
2834 Colorado Avenue -
Colorado Creative Studios (2011) •
702 Arizona Avenue (2011) •
1317 7th Street (2011) •
710 Wilshire Boulevard (2012) •
1548 6th Street (2012) •
2930 Colorado Avenue (2013) •
1318 2nd Street (2013) •
1731 20th Street -
Crossroads School (2013) •
1554 5th 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 5th Street (2015) •
1560 Lincoln Blvd (2015) •
1601 Lincoln Blvd (2016) •
500 Broadway (2016) •
1325 6th Street (2017) •
1430 Lincoln Blvd (2017) •
1333-1337 Ocean Avenue -
Hill Street Partners III (2007) Expired in 2012
1900 Pico Blvd - Santa Monica College
Parking & Pool (1989) Expired in 2014
401 Broadway (2011) Zoning code-
compliant project
built
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.
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Next Steps
Staff will continue its ongoing Development Agreement compliance review; reports will
be made to Council annually during the first quarter of the calendar year. The next
report will be made in the first quarter of 2019.
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. DA Monitoring Report Attachment A Property Summaries (4 -10-2018)
B. DA Monitoring Report Attachment B TDM (4-10-2018)
C. DA Monitoring Report Attachment C AVR (4-10-2018)
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Attachment “A”
Summary of Compliance
for Projects Subject to Annual Development Agreement Monitoring
Recommended Finding of Good Faith Compliance:
Completed Projects
Colorado Place I & II (Colorado Center)
2401-2525 Colorado Avenue and 2500 Broadway
Agreement Effective: 10/27/1981
Expires: 9/15/2036
Amended: 4/1984; 7/1984; 5/1985; 12/1987; 6/2011
Reporting Period: 10/27/2016 to 10/27/2017
Good Faith Compliance Confirmed
The project was approved for approximately 900,000 SF of office uses along with a
daycare center, park, health club, food services and community rooms. Building heights
range from 65’ to 80’. On-site parking structures currently contain 3,085 parking spaces.
Community Benefits Summary
• Child care center (Hill ‘N Dale)
• Public park with tennis courts, children’s play structure, basketball court, and
public gathering space
• 51 units of affordable housing 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 the public and available free of charge for community
& neighborhood groups
• Nearly $3 million worth of art and social service benefits through Park &
Community room maintenance
• TDM Program (enhanced by Amendment No. 5)
• Off-site traffic signal, street lighting, and turn lane improvements
Status of Compliance
The required annual compliance report for Colorado Center was received from Boston
Properties on October 30, 2017. Based on staff’s review, the property owner has been
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determined to be in good faith compliance with all Development Agreement fee
payments and community benefits associated with requirements in effect during the
October 2016 to October 2017 reporting period.
Transportation Demand Management
The property owner has undertaken the enhanced Transportation Demand
Management Program that was approved by Council on June 28, 2011 as a
requirement of the Fifth Amendment to the Development Agreement that permits
leasing of up to 1,035 parking spaces to off-site parties. Some of these measures
include implementing a Transportation Management Association that serves all
employers on site, establishing baseline Average Vehicle Ridership data for the entire
site by conducting transit surveys and collecting data from both large and small
employers, creating a transit/rideshare information center and website, and increasing
on-site bicycle parking. The Fifth Amendment identifies a 1.5 Average Vehicle Ridership
(AVR) target for both the AM and PM peak periods starting in November 2013.
Attachment “B” to this staff report provides the previous years’ AVR 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 the 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 designed 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. Currently,
Colorado Center data shows the property yielded a 1.40 AVR during the AM peak
period (an increase over the 1.37 AVR reported in 2016) and a 1.42 AVR during the PM
peak period (an increase over the 1.36 AVR reported in 2016).
TDM Plan Enhancements
Throughout 2017, Colorado Center implemented the additional TDM measures required
by the City following last year’s annual compliance review. Colorado Center continued
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 via memos, e-newsletters, website, and electronic
directories. The topics include rideshare promotional events, bike-to-work challenges,
and trip planning assistance and coordination. Colorado Center’s Transportation
Coordinator works with CommuteSM (Ride Amigos), which provides employees access
to carpool opportunities and GoSaMo Transportation Management Organization (TMO)
to assist tenants and employees promote the use of the Expo, Big Blue Bus, and
Breeze Bikes.
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In the beginning of 2017, Colorado Center opened its bike storage for employees to use
free of charge. The bike storage is secured, CCTV monitored and can only be accessed
via an individual’s employee access card. The bike storage can hold up to 77 bikes and
includes air pump and service station for basic repairs and maintenance. In addition, the
Bike Shower Club began to provide toiletries including shampoo, conditioner, body
wash and lotion to its members.
In this past reporting cycle, Colorado Center hosted rideshare/bicycle/commuter events
and challenges for all tenants; held individual strategic planning meetings with each
tenant’s ETC Coordinator and GoSaMo TMO member; hosted a town hall meeting for
building managers, owners developers and employers to discuss funding a pilot for
Chariot; and opened transportation meetings to ETC’s in the surrounding area to
collaborate and share ideas.
To address this year’s survey results, Colorado Center 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 reach the property’s AVR
targets. The Colorado Center 2018 Plan will focus, at a minimum, on the following:
• Determine each tenant’s necessary daily vehicle reduction rate and help ETC’s
identify potential employees that would be more likely to give up their parking
spot by offering alternative options to commuting to work. Options include but not
limited to – Tap Cards for public transportation use, carpool pairing or receive
their monthly parking cash out in lieu of the parking space.
• Re-vamp Colorado Center’s Carpool Program incentive.
• Raffle TAP cards with different denominations and one-year Breeze Bike
memberships.
• Host quarterly raffles for employees currently in their employers’ transportation
programs as added incentive.
• If approved, have a team member join the TMO Advisory Board.
Boston Properties will be required to update and expand its TDM plan by April 30, 2018,
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 bimonthly discussions with
Colorado Center to monitor TDM plan implementation over the next calendar year.
Community Outreach
In accordance with the Fifth Amendment, the property owner held its annual community
meeting on October 3, 2017 to discuss Development Agreement compliance with
residents near the project site. Six members of the public attended.
The ownership continues to collaborate with Santa Monica Mid-City Neighbors on
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annual community events hosted at the property. Mid-City Neighbors worked with
Colorado Center management and held its fourth annual Make Music Day at the
Colorado Center park on June 21, 2017 and hosted Mid-City Neighbors’ second annual
Fall Family Festival at the Colorado Center fountain courtyard on October 30, 2017.
Paseo Del Mar
1541 Ocean Avenue
Agreement Effective: 1/26/1982
Expires: 10/1/2031
Reporting Period: 1/26/2017 to 1/26/2018
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 19,
2017 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 Planning and Housing Division staff reviewed the
information for the 2017 reporting period and verified that the property owner is in good
faith compliance with Agreement requirements, including affordable housing obligations.
National Medical Enterprise (Viacom)
2700 Colorado Avenue
Agreement Effective: 4/16/1982
Expires: 4/16/2037
Amended: 1/1987; 4/1987; 5/1988
Reporting Period: 4/16/2016 to 4/16/2017
Good Faith Compliance Confirmed
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The project consists of a five-story, 312,000 square foot building with creative offices.
The site also contains a child care center, a public park, and a 1,000 space
subterranean parking garage.
Community Benefits Summary
• Provision of 30 affordable rental units, later amended to require the payment of a
$1,500,000 in lieu fee
• On-site child care center
• Payment of $25,000 to Santa Monica Arts Foundation
• Park of approximately 7,200 square feet to be open to the public during
reasonable hours
Status of Compliance
The required annual compliance report was received on May 10, 2017. Staff has
verified compliance with all Development Agreement requirements for the 2016-2017
reporting period. In addition, the child care facility has continued their outreach efforts
by hosting an open house for tenant employees to ensure the facility continues to
provide child care programming that meets the needs of children of employees who
work at the project site. Accordingly, staff’s review of the Agreement indicates that the
property is in good faith compliance with all requirements.
Bayview CA Unlimited Partnership (Le Méridien Delfina Hotel)
530 Pico Boulevard
Agreement Effective: 6/29/1983
Expires: 12/1/2022
Reporting period: 6/29/2016 to 6/29/2017
Good Faith Compliance Confirmed
This Agreement allowed for the 72,400 square foot expansion of an existing Holiday Inn
hotel. The development included the addition of 134 hotel rooms and 282 parking
spaces. The hotel is currently operated by the Le Méridien Delfina.
Community Benefits Summary
• Hiring priority to Ocean Park and Pico neighborhood residents, and then to other
City residents
• Job Training Program, with priority given to Santa Monica High School Students
and City residents (requirement expired in 2011)
• Hotel Room Voucher Program (requirement expired in 1996)
• Free Hotel Parking with sign denoting this in parking area
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• Valet parking tipping prohibition with sign denoting this in parking area
• Relocation of on-site, rent-controlled apartment buildings (five of these units were
subsequently converted through the TORCA process)
• $50,000 annual contribution to the Big Blue Bus for the Tide Shuttle operation
(expired in 2011)
• Six rent controlled units added to the existing building at 1920 6th Street
• Installation of public art piece approved by the Arts Commission
Status of Compliance
The required annual compliance report was received on October 23, 2017. Staff has
reviewed the annual report and determined that the 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 Training 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), Chrysalis, Los Angeles Hotel Training
Academy with Local 11 Union and HTA, and the Santa Monica Chamber of Commerce.
Le Méridien Delfina continued its participation in the Santa Monica College and Santa
Monica Chamber of Commerce Job Fairs and implements its own colleague referral
program by providing incentives to current employees for referring new employees who
are Santa Monica residents. There are currently eight Santa Monica residents
employed by the hotel (as of Fall 2017).
AO Santa Monica - Previously Colorado Place III (Arboretum)
2000-2200 Colorado Avenue
Agreement Effective: 12/16/1987
Expires: 1/1/2042
Amended: 12/1988; 2/1995
Reporting Period: 12/16/2016 to 12/16/2017
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 floor area, with a Floor Area Ratio of 1.85, and
allowed 25,000 square feet of restaurant space, 10,000 square feet of retail, 35,000
square feet medical office, 20,000 square feet for banks, up to 720,490 square feet for
commercial office space, a 270,000 square foot hotel, and 60,000 square feet for a
health club. However, subsequent modifications to the Development Agreement
removed the hotel as a permitted use, and allowed a general market/grocery use, and
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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 child care contribution
Status of Compliance
After reviewing Agreement terms and all of the supporting documentation provided to
the City for the 2016-2017 reporting period, staff has determined that the AO Santa
Monica 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 complies with its inclusionary
housing obligations.
Water Garden
1620 26th Street and 2425 Olympic Boulevard
Agreement Effective: 3/23/1988
Expires: 3/23/2043
Reporting Period: 3/23/2016 to 3/23/2017
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
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• $300,000 fee payment to the City for homeless services
Status of Compliance
After reviewing Agreement terms and all supporting documentation provided to the City
on May 3, 2017, staff has determined that the Water Garden is in compliance with all
Agreement fee payments, community benefits, and operational requirements.
Maguire Thomas
1733 Ocean Avenue
Agreement Effective: 10/18/1990
Expires: 10/18/2045
Amended: 12/1995
Reporting Period: 07/01/2016 to 07/01/2017
Good Faith Compliance Confirmed
The Agreement for the property at 1733 Ocean Avenue authorizes construction of a
four-story, 56 foot tall commercial development. It allows for a 68,040 square foot
building, including a maximum 5,983 square foot/250 seat restaurant and a maximum of
8,040 square feet of retail space. Three levels of subterranean parking provide 267
parking spaces.
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 accordance 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, 2016 to June 30, 2017 on February 9, 2018. On October 26,
2016, Maguire Thomas received approval of a minor Development Agreement
Amendment in order to permit a bank with retail banking services (Bank of the West) as
a permitted ground floor use. It was determined by the Zoning Administrator that retail
banking services are active commercial uses and substantially similar to the retail uses
permitted by the Agreement. Based on staff’s review of the Agreement and owner’s
annual report, the property is in good faith compliance with the provisions of its
Development Agreement.
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Providence Saint John’s Health Center
1328 22nd 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
Project 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
The Phase Two Project was originally established by the 1998 Development Agreement
to implement a South Campus health center master plan with sufficient floor area for
health care-related uses and parking as outlined in the Agreement. The Agreement
specified a 17-year vested rights term, subject to extension and requirements for timely
submittal of certain applications to maintain vested rights beyond the July 2015 term.
Shortly after Providence Health & Services’ acquisition of Saint John’s Health Center in
March 2014, 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.
In response to Providence’s request for an extension of time to complete the Phase
Two Project, Council provided its Phase Two Project community benefit
recommendations, and approved a staff-recommended procedural amendment to the
Development Agreement to permit Providence to construct the Phase Two Project over
an approximately 20 year timeframe. The Second Amendment also established
requirements for preparation of a comprehensive Phase Two Project Master Plan for
the north and south campuses and Phasing Plan with Council authorized to review and
take action on the Master Plan.
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• Up to 799,000 SF of Phase Two development authorized 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 Application filed on 3/31/2015
• Alternative Development Agreement Amendment filed by City on 4/25/2016
• Council approved the staff-recommended procedural amendment on 3/28/2017
• Environmental review for the Phase Two Project commenced in 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 vesting deadline for the Phase Two Project will be scheduled for public
hearings at Planning Commission and City Council in 2019 after environmental review
and project negotiations are completed for the Phase Two Project.
Phase One Community Benefits Summary
2016 Community Benefit Program and Annual Plan
Each year, Providence submits an Annual Community Benefit Program Report to both
the State of California and the City for review. The program supports the health and
well-being of Santa Monica residents and community. The annual report summarizes
the type of community benefits provided and the economic valuation of those services
based on. The following are summary points from the annual report that documents
activities that the Health Center has undertaken in the reporting year to address
community needs. The Annual Community Benefit Program Report also contains the
information on the Health Center’s implementation of the Santa Monica Community
Access Plan.
2016 calendar year: Providence Saint John’s Health Center (PSJHC) provided services
and cash support equal to $35,524,568 in 2016 (this sum does not include
unreimbursed Medicare costs).
• 2016 Santa Monica Community Access Plan: The Santa Monica Community
Access Plan is requirement of the Development Agreement and is a
subcomponent of Providence’s annual Community Benefit Program. Annual
minimum level of support required by the Development Agreement is $732,000
dollar value subject to 1.5% compounded annual adjustment ($955,973 required
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for calendar year 2016).
Providence Saint John’s Health Center provided health services valued at
$15,446,161 (this sum does not include unreimbursed Medicare costs) during
calendar year 2016 through its Santa Monica Community Access Plan, an
amount that is significantly greater than its annual requirement for 2016.
The Development Agreement requires the Santa Monica Community Access
Plan to provide the following health service activities:
o In-kind and cash support to local non-profit agencies 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 medical 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.
The following table is an excerpt from Providence’s 2016 Annual Community
Benefit Program Report summarizing implementation of the 2016 Santa Monica
Community Access Plan as a subset of the Health Center’s overall Community
Benefit Program.
[INTENTIONALLY LEFT BLANK]
[SANTA MONICA COMMUNITY ACCESS PLAN SUMMARY TABLE ON PAGE 12]
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Providence Saint John’s 2016 Santa Monica Community Access Plan
Requirements and Actuals
Line 2016 1 Actuals provided in annual report 2 In-kind & cash support to SM residents 13,805,466 3 In-kind & cash support to SMMUSD 463,046 4 Charitable mental & medical services 12,531,124 Unreimbursed costs for services to SM residents 5 Charitable mental & medical services to SMMUSD students 413,046 6 Free health education, training, support groups to the community 1,177,649 7 T=15,446,161 8 Minimum amount required per the
Development Agreement
955,973 9 Detail of Actuals: In-kind and Cash 10 Support to Santa Monica Residents: In-kind 12,531,124 11 Support to Santa Monica Residents: Cash 1,274,342 12 Support to SMMUSD: In-kind 413,046 13 Support to SMMUSD: Cash 50,000 14 Total Cash ( includes SM-MUSD) 1,324,342 15 Total In-kind (includes SM-MUSD) 12,944,170 16 Cash Gifts to Santa Monica Non-Profit
Agencies (In-Kind NOT included)
17 Venice Family Clinic Total (Nurse Practitioner clinic & Respite Program) 445,000 18 SMMUSD Total (School Nursing) 50,000 19 OPCC Total (Respite Wellness Program) 334,325 20 Westside Family Health Center (Prenatal Care) 123,517 21 St Joseph Center (Bread & Roses, Case Mgt) 50,000 22 Pico Youth & Family Center (Violence Reduction Program) 25,000 23 WISE & Healthy Aging (Seniors at Risk) 185,000 24 St Anne School (School Nurse/Health Program) 50,000 25 Upward Bound Hose Annual Total (Case Mgt.) 15,000 26 Boys & Girl’s Clubs of Santa Monica 15,000 27 Santa Monica College Foundation 28 Step Up On Second 29 Westside Coalition 2,500 30 Safe Place for Youth 14,000 31 Meals on Wheels West 15,000 30 TOTAL CASH TO SM AGENCIES - SHOULD MATCH Line 14 1,324,342
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In addition to Providence’s annual Community Benefit Program, the following are the
other Phase One community benefits required by the Development Agreement:
• Child Care Program: Non-therapeutic child care for 68 children provided,
comprised of 21 infant and toddler spaces and 47 full-time pre-school spaces in
2016. Families with economic need are subsidized. The program follows National
Association for Education of Young Children curriculum.
• North Lawn: 41,000 SF public open space, including landscaping and walkways.
• Off-site public works improvements: payment of $641,000 in fees to the City to
construct sidewalks, curbs, streetlights, and street paving in the project area;
payment made in July 1998.
• Transportation Demand Management Program: enhanced by First Amendment.
• Light rail shuttle: 15-month requirement to operate shuttle to/from Memorial Park
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 transit improvements: $100,000 contribution for Memorial Park light rail
station upgrades paid to the City in December 2012 (required by First Amendment).
• Neighborhood protection measures: 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 21st Street/Arizona
Avenue and payment of $15,000 for a pedestrian safety study (required by First
Amendment; both amounts paid to the City in Spring 2013; City installation of the
crosswalk completed in 2016).
Status of Compliance
With respect to compliance with Development Agreement terms for the January 1, 2016
to December 31, 2016 review period, the annual compliance report was received from
PSJHC on July 31, 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 2014.
Annual Community Meeting
The hospital held its annual community meeting to discuss Development Agreement
compliance on September 20, 2017. The Health Center’s Community Ombudsperson
provided the City with a summary of the issues and questions discussed at 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 measures, staff has verified that
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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. Per the First Amendment, the AVR standard
increased to 1.6 AVR on May 20, 2017 (12 months after the date the Metro Expo Line
was complete and operating).
The Health Center’s 2017 AVR survey was taken shortly after the 1.6 AVR standard
become effective: between May 22-28, 2017. Non-achievement of the AVR standard
does not constitute a default within the meaning of the Development Agreement 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 1.6 peak-period AVR standards.
TDM Plan Enhancements
Since adoption of the First Amendment in 2011, the Health Center has been required 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 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 and remain in
operation at the Health Center:
• 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 their 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 even 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 Big Blue Bus to change Route 41 and establish Route 42
to create a better connection to/from the Memorial Park/17th Street Expo Station
and the Health Center.
• Hosted events and conducted marketing and outreach for the opening of the
Expo Light Rail and the connections 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
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to Health Center employees.
• Developed an online survey tool to collect information about commute methods
and shift schedules, with approval from the City and the Air Quality Management
District in advance of its use.
This year’s AVR survey reported that the Health Center achieved a 1.5 AVR for the AM
Peak Period and a 1.39 AVR for the PM Peak Period. Subsequent to submittal of the
AVR survey, the Health Center provided documentation that the employee assumption
for the PM Peak Period was inaccurate and that, with the adjustment for the inaccurate
employee count, the Health Center’s PM Peak Period AVR is 1.51. The 1.5 AM Peak
Period AVR is consistent with the 2016 reported AM AVR while the 1.51 PM Peak
Period is an improvement compared with the 2016 reported 1.45 PM Peak Period AVR.
AVR Survey Methodology
As discussed previously, the standard AVR form used is not well suited for hospital
reporting. The survey and reporting methodology 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 does not reflect the full range of
commute trips associated with the Health Center. Additionally, due to the wording of the
questions on the survey, many caregivers report their days off as “regular days off”
rather than “compressed work week,” which artificially deflates the Health Center’s AVR.
In past years, the Health Center has provided data to the City that uses 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. Currently, employers with
250 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. Including off-peak credits has consistently
resulted in a significantly higher AVR for the Health Center. This year, however, the
Health Center was unable to provide documentation of its AVR with the adjustment for
the off-peak credits due to staffing changes.
The Health Center’s 2017 AVR survey documented that about 55 more caregivers took
the bus, biked, walked, or carpooled in the PM peak period compared to 2016. This
demonstrates substantial progress towards reducing PM peak period trips.
As part of the Phase Two Master Plan review process, the City will be working with the
Health Center on a comprehensive revision to its TDM Plan to document the additional
TDM Plan measures that have been implemented since the First Amendment’s
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adoption in 2011 as well as new measures to reduce peak period single-occupancy
vehicles to and from the Health Center.
Parking Obligations
The Health Center provided its annual Parking Management Plan in March 2017. 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 1,599 spaces in February 2017 is
sufficient to meet the 1,086-space peak parking demand for the Health Center.
The parking demand summary provided in the February 2017 Walker Report is
consistent with the Health Center’s previous annual submittal from 2016, which
estimated a peak parking demand of approximately 1,060 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, PSJHC 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 Structure.
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, 2016 to December 31,
2016 reporting year, including current 2017 AVR data. Accordingly, 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 Plan
obligations, and Phase One construction obligations and fee payments for
neighborhood protection measures approved with the First Amendment in 2011.
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Rand Corporation
1776 Main Street
Agreement Effective: 11/23/2000
Amended: 08/14/2012
Expires: 11/23/2055
Reporting Period: 11/23/2016 to 11/23/2017
Good Faith Compliance Confirmed
The Rand Corporation Agreement involved the demolition and remediation of the
existing buildings on the 3.7 acre project site located at 1776 Main Street and the
construction of a 308,869 SF headquarters for Rand Corporation. The new five-story,
69’ tall building houses research-related facilities, management, staff cafeteria, fitness
room, and meeting/conference rooms. Parking is provided in a four-level, 825-space
subterranean parking garage.
Community Benefits Summary
• Land dedication and construction of Vicente Terrace
• Land dedication for Main Street Circle should this be constructed
• TDM Program implementation
• Policy Analysis Partnership on Childhood Development and Education including
pursuing research funding for early childhood development
• Early Childhood Development Research, including organizing conferences and
maintaining a child policy website
• $500,000 contribution to Early Childhood Development Programs/Early Child
care Education in the Civic Center
Status of Compliance
The required annual compliance report was received on November 22, 2017. Based on
staff’s review of Rand’s Development Agreement, including the ongoing compliance
with its Transportation Demand Management Program and activities relating to early
childhood programs, the project has been determined to be in good faith compliance
with all requirements.
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Lantana East
3030 Olympic Boulevard
Agreement Effective: 10/28/2004
Expires: 10/28/2024
Amended: 08/2008
Reporting Period: 10/28/2016 to 10/28/2017
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 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 South)
• $266,650 child care contribution
• $90,000 arts contribution
• New public restrooms at Stewart Park
• Construction of neighborhood traffic protection & off-site roadway improvements
Status of Compliance
The annual Development Agreement Compliance Report was submitted on August 9,
2017 for the 2016-2017 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: 10/28/2004
Expires: 10/28/2024
Amended: 8/2008
Reporting Period: 10/28/2016 to 10/28/2017
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 subterranean and surface
parking spaces.
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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 August 2017
for the 2016-2017 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: 10/1/2016 to 10/1/2017
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 following summarizes key project components:
Site A:
• Two condominium buildings, with ground floor retail on Ocean Avenue
• Olympic Drive and Main Street frontages with approximately 66 residences
• Maximum 65’ building height
• 109,346 gross square feet (GSF) of residential and 9,930 GSF of retail uses
• 180 parking spaces
Site B:
• Four affordable apartment buildings with ground-floor live/work space
• Approximately 28 one-bedroom, 56 two-bedroom, and 66 three-bedroom units
• 10 affordable units of live/work space intended for artists
• Maximum 60’ building height
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• 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 residential 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, including 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 issuance 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 approximately $920,000 with a
minimum value of $460,000 for the art work itself and pay an in-lieu Private
Developer Cultural Arts contribution for a portion of the site’s square footage prior
to issuance of a Certificate of Occupancy
Status of Compliance
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 requirements 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 has contracted with a third party
independent consultant to monitor compliance with performance targets related to
average vehicle ridership and peak period auto trips to the project site. This analysis is
in progress will be conducted every two years.
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Saint Monica’s Catholic Community
725 California Avenue
Agreement Effective: 5/27/2010
Expires: 5/27/2030
Reporting Period: 5/27/2016 to 5/27/2017
Good Faith Compliance Confirmed
The Saint Monica’s Catholic Community Development Agreement consists of
construction of a single-phase Campus enhancement and parking improvement plan on
St. Monica's property. The project includes the following key components:
• Demolition of existing Pastoral Center
• Construction of a new Community Center (27,500 SF) with three levels of
subterranean parking (154 parking spaces)
• Construction of a 7,700 SF addition to the High School East building
• Renovation of the existing auditorium, gymnasium and other facilities
Community Benefits Summary
• TDM Program for students, employees, and parishioners
• Shared parking allowing neighborhood use of 15 parking spaces located at the
off-site surface parking lot at 1140 7th Street during off-peak hours
• Availability of a community meeting space to city departments, community
groups, and nonprofit organizations
• Public use of the Bookstore/Coffee Bar during all operating hours
Status of Compliance
Pursuant to the Development Agreement, Saint Monica’s Catholic Community
completed interior renovations to the gymnasium and interior/minor exterior
improvements to the Trepp Center located on-site. Saint Monica’s Catholic Community
is in good faith compliance with Development Agreement requirements for the 2016-
2017 reporting year. Last year, this met with City staff to review its TDM Plan and
implemented additional measures during the last reporting cycle to achieve its AVR goal
of 1.5 for both the AM and PM peak periods.
Saint Monica’s does not comply with Development Agreement requirements for the
2016-2017 reporting year with respect to their AVR target. Non-achievement of the AVR
target does not constitute a default within the meaning of the Development Agreement
so long as additional steps are taken to achieve it in the next reporting cycle. Saint
Monica’s TDM consultant conducted its employee vehicle survey during the week of
September 11-15, 2017. Their latest survey indicates the latest AM AVR is 1.44 and PM
AVR is 1.38, with an 88% survey response rate in the AM and 87% in the PM. Staff
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believes that if a 90% response rate had been achieved (3 more AM surveys and 4
more PM surveys), Saint Monica’s would have been much closer to their target of a 1.5
AVR. Staff is scheduling a meeting with Saint Monica’s to discuss compliance, including
ways that a higher survey response rate may be achieved.
In addition, Saint Monica’s conducted their fourth survey of student travel between
December 5-9, 2016 which indicated an AVR 2.7 (AM) and AVR 2.5 (PM). AVR in AM
met the 2.4 base established in the initial survey year, but did not meet or exceed the
base 2.8 PM. Strategies to ensure both AM and PM compliance will be discussed with
staff during the upcoming compliance period.
1548 6th Street
Agreement Effective: November 22, 2012
Expires: November 22, 2022
Reporting Period: 11/22/2016 to 11/22/2017
Good Faith Compliance Confirmed
The 1548 6th Street Development Agreement was approved by Council on October 23,
2012 and authorizes the conversion of 3,038 square feet of non-usable space into four
residential units within an existing mix-use, market-rate rental housing project.
Community Benefits Summary
• One one-bedroom deed-restricted very low income unit
• TDM Plan with measures that include a 1.75 AVR by the second year after
Certificate of Occupancy issuance
• $75,000 contribution towards transit and circulation infrastructure in the
Downtown area prior to issuance of a Certificate of Occupancy
• Residential tenant bicycle repair station and bicycle racks
Status of Compliance
Construction for this project is completed. A Minor Amendment to the Development
Agreement was approved on February 14, 2014, 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. Compliance 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. City staff will work with the ownership to ensure
that a baseline AVR is established for the retail/commercial component of the project
after the currently-vacant tenant space is occupied. This survey will need to be
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conducted by the developer if tenant(s) have fewer than 50 employees. After reviewing
this data, additional TDM measures may be required to achieve the AVR goal of 1.75
for both the AM and PM peak periods. Staff has determined the property to be in good
faith compliance with Development Agreement requirements for the 2016-2017
reporting year.
Agensys
1800 Stewart Street
Agreement Effective: 10/28/2010
Expiration: at termination of ground lease
Reporting Period: 10/28/2016 to 10/28/2017
Recommended Finding: Good Faith Compliance Confirmed
The Agensys Agreement permits a project including the following key components:
• 24,625 square feet for administration offices and entry lobby
• 45,590 square feet for manufacturing of new cancer treatments
• 72,050 square feet for research and development
• 11,390 square feet of meeting rooms, employee amenities including a cafeteria
open to the public during lunchtime hours
• 5,140 square-feet of publicly accessible open space
• Publicly-accessible pedestrian path to allow access to the Bergamot Station site
and future Expo Line light rail station
• Surface parking for 200-220 cars
Community Benefits Summary
• Publicly-accessible pedestrian path
• Publicly-accessible passive open space along Stewart Street
• Widened sidewalk along Stewart Street
• 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 the pedestrian path
• Local hiring program including a job fair and a local hiring policy
• Student internship program
• Student tours
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• 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 facility’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 complete with the construction of the project site.
Since the facility opened, Agensys has consistently been in compliance with its
operational community benefits such as a local hiring program; 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.
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.
As outlined in last year’s report to Council in March 2017, Agensys is required to
achieve a 1.6 AVR rate for the a.m. and p.m. peak-hour periods due to the project site’s
location within a “higher goal” LUCE District for achieving vehicle trip reduction. The
issue of non-compliance with the AVR requirement was presented to Council during the
last three compliance review cycles for 2014, 2015, and 2016. At that time, staff
reported that Agensys had not made a consistent and good faith commitment to
develop a comprehensive TDM Program that includes implementation of the City staff
recommended program enhancements designed to help achieve its AVR requirements.
On July 26, 2017, it was announced by Astellas, owner of Agensys, Inc., that operations
at the 1800 Stewart Street facility would wind down, effective immediately. As a result,
over 100 employees were released immediately following the announcement.
Additionally employees left the organization in August, November, and December 2017.
Research lab activities are expected to conclude at the site by the mid-March 2018.
However, in advance of Astellas’ announcement in July and following Council’s last
annual review of development agreement compliance, Agensys refocused its efforts on
implementing its required TDM Plan to achieve Average Vehicle Ridership requirements
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and reduce single-occupancy vehicle trips as specified by the Development Agreement.
This included:
• Implemented a daily transportation allowance
• Completed rideshare survey
• Purchased bike share memberships for employees to utilize during the workday
• Implemented a car share/guaranteed ride home program option via Lyft
Concierge and also maintaining Expo Line Tap cards which are available 24/7
• Completed an employee rideshare analysis and conducted a rideshare “It’s a
Match” mixer
• Sponsored a Bike to Work Pit stop
• Increased marketing of new TDM plan enhancements:
o Posted rideshare success stories on the intranet
o Increased monthly parking plan pay out
o Increased annual raffle amount
As a result of the wind-down activities at the Agensys facility and the immediate layoffs
and subsequent substantial reduction of staff at the site, the annual employee trip
reduction plan and associated trip survey was not completed by Agensys in Fall 2017
and AVR data is not available for the 2016-2017 reporting period.
Concurrent with closure announcement, Agensys implemented its third on-site sculpture
exhibit during the reporting period. Works of art were fabricated and installed in Summer
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 features
works by Lynn Aldrich, Jeremy Kidd, Bertil Peterssen & Pontus Willfors.
In summary, based on the notification of facility closure in July and the steps that were
taken in to implement the necessary TDM Program requirements specified during last
year’s annual review, staff recommends a finding that Agensys is in good faith
compliance with Agreement requirements during the 2016-2017 reporting period.
Finally, since the closure announcement, Planning staff has worked closely with
Housing and Economic Development staff who manage the City-owned property and its
ground lease, to present requirements of the Development Agreement to parties
conducting due diligence for potential acquisition of the on-site improvements and
assignment of the ground lease. The property is currently under contract. The City has
been provided formal notice of Agensys Inc.’s plans to sell its interest in the property
(ground lease and development agreement) to Kite Pharma, Inc. Upon City approval of
the assignment and assumption, Kite Pharma, Inc., will assume the continued use and
operation of the facility for medical research and development, subject to all
Development Agreement obligations.
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Arclight Cinemas 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. Alternatively, 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
improvements
• $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 festival
• 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 Expo Station is fully operational), and transit subsidies
Status of Compliance
The Arclight Cinemas Project completed construction and opened to the public in
November 2015. 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 wayfinding 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 2015.
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Arclight submitted its required 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 February 4, 2018. The
employee vehicle survey was conducted during the week of October 25-29, 2017. The
results showed an AVR of 2.07 in the AM and 10.81 in the PM, which exceeds the
required 2.0 AVR for both peak periods. Based on staff’s review of the Agreement, the
project has been determined 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: 12/8/2016 to 12/8/2017
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 parking.
Community Benefits Summary
• TDM Program that includes secure bicycle storage for residents, employees, and
visitors
• $50,000 contribution towards transit infrastructure in the Downtown area
• Infrastructure for potential future installation of electric vehicle charging stations
• Achievement of a minimum LEED Silver certification or a demonstrated
equivalent sustainable design status
• Local hiring program
• Urban design features including a small pedestrian courtyard and walkway
Status of Compliance
Residential and commercial occupancy of the building has begun with one of the two
ground floor commercial spaces occupied to date. 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
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transportation information welcome packets are provided to all new residents
• On-site transportation coordinator is located on site
• Residents are charged for unbundled 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 7th Street
Agreement Effective: 12/8/2011
Expires: 12/8/2021
Reporting Period: 12/8/2016 to 12/8/2017
Good Faith Compliance Confirmed
This Development Agreement authorizes construction of a new, five-story mixed-use
building with approximately 2,929 SF of neighborhood-serving commercial space on the
ground floor, 57 residential units, and two levels of subterranean parking.
Community Benefits Summary
• 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 sustainable design status
• Local hiring program
• Urban design features including a small pedestrian courtyard and walkway
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Status of Compliance
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 TBD. 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 unbundled 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 7th Street project has been determined
to be in good faith compliance with its Development Agreement requirements.
Crossroads School
1731 20th Street
Agreement Effective: August 8, 2013
Expires: August 8, 2033
Reporting Period: 8/8/2016 to 8/8/2017
Good Faith Compliance Confirmed
The Crossroads School Science Learning Center project permits development of a new
three-story (41’), 23,856 SF science learning center and temporary modular classrooms
and 50 bicycle parking spaces. The project was approved on June 25, 2013.
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
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• Photovoltaic Panels and Photovoltaic Panel-Ready Roof
• Pico Neighborhood Outreach and Prioritization for Summer Program
Status of Compliance
Project construction was completed 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 December 11, 2017. 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 September 28, 2017 at Virginia Avenue Park for Pico
neighborhood residents, Parent Connection Group (African-American and
Ethiopian family groups), and Las Familias Unidas.
• Pico neighborhood potential applicants were invited to a financial aid information
session on December 5, 2017
• 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, etc.)
• Crossroads maintains a full time employee transportation coordinator and
transportation information center
Crossroads School is in compliance with its TDM Plan and exceeded its AVR goal of
1.6 for both the AM and PM peak periods. Their latest report indicates an AM AVR of
1.84 and PM AVR of 1.81.
1318-1320 2nd Street
Agreement Effective: July 25, 2013
Expires: July 25, 2023
Reporting Period: 7/25/2016 to 7/25/2017
Good Faith Compliance Confirmed
The 1318 2nd Street project consists of a four-story (45’) and 46,421 SF mixed-use
development with 6,664 SF of commercial space; 53 residential units, 6,664 SF of retail
space, 66 subterranean parking spaces, and 132 bicycle parking spaces. The project
was approved by Council on June 25, 2013.
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Community Benefits Summary
• $125,493 Transportation Infrastructure contribution
• $125,000 Colorado Esplanade contribution
• $225,000 Open Space contribution
• $25,000 Big Blue Bus contribution
• $25,000 Historic Preservation contribution
• TDM Plan that exceed Zoning Ordinance requirements
• 24 Solar panels
• Five electric vehicle charging stations
• Local Hiring Provision to facilitate the hiring of local workers during construction
and for permanent commercial employees
Status of Compliance
The project was completed in October 2016 and a LEED Gold Certification and the
building’s Certificate of Occupancy were issued for the building during the reporting
period. Tenant improvement permits were also completed for the ground floor
commercial tenant spaces for restaurant uses. The project has been determined to be
in good faith compliance with Development Agreement requirements for the 2016-2017
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.
MINI Automobile Dealership
1402 Santa Monica Boulevard
Agreement Effective: August 22, 2014
Expires: August 22, 2024
Reporting Period
Good Faith Compliance Confirmed
The project at 1402 Santa Monica Boulevard consists of the 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 two-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
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• 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
allowance 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
Construction of the Mini Automobile Dealership was completed in Summer 2017. Based
on staff’s review of the developer’s annual compliance report provided in September
2017 and site inspection, the property owner is operating in good faith compliance with
Agreement requirements. Transportation Infrastructure contribution ($189,424.74) and
Historic Preservation contribution ($20,000) were paid prior to the issuance of a building
permit in September 2015.
Courtyard by Marriott Hotel
425 Colorado Avenue / 1554 5th Street
Agreement Effective: December 26, 2013
Expires: December 26, 2038
Reporting Period: 10/31/2016 to 10/31/2017
Good Faith Compliance Confirmed
The Courtyard by Marriott Hotel project consists of development of a new six-story,
78,750 SF hotel with 136 guest-rooms, and 78 subterranean parking spaces. The
project was approved by Council on November 26, 2013.
Community Benefits Summary
• Permanent Historic Commemorative Installation on the property in a publicly
accessible location
• Artistic Exhibition Program for the purpose of showcasing different forms of art in
periodic exhibitions at the hotel, including art sourced from professional galleries,
local artists, and Santa Monica students
• Community access to on-site meeting space
• Physical space dedicated for a future bicycle sharing program station
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• $294,000 Colorado Esplanade 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 contribution 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 stub-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 Courtyard by Marriott project construction is complete and the hotel is operating
under a Temporary Certificate of Occupancy that was originally issued on March 7,
2017. Issuance of a Certificate of Occupancy is pending final inspection for one
component of the building by the Fire Department and installation of a community
benefit feature at the property. It is anticipated that issuance of a final Certificate of
Occupancy for the project will occur no later than April 30, 2018 following installation
and inspection of the required Historic Commemorative feature and final inspection by
the Fire Department for a repair to a Radio Repeater System that the developer
voluntarily agreed to install at the property.
Required contributions towards Historic Preservation, Colorado Esplanade, Fourth
Court Alley Improvements, Affordable Housing Linkage, and the Hospitality Training
Academy were provided to the City prior to building permit issuance.
During staff’s annual review of property and its TDM Plan-specified parking rates, the
developer noted that the hotel is currently leasing up to fifty of the hotel’s subterranean
parking spaces to a local automobile dealership for vehicle storage. Planning staff did
not authorize this use prior to the hotel’s parking operator entering in the monthly
agreement. Accordingly, the property owner has been notified that, while the
Agreement allows shared parking and third party leasing to occur subject to City
approval, vehicle storage is a separate and defined use that is not permitted at the
property, per Development Agreement terms. The developer has specified that the auto
dealership vehicle storage will cease at the property by March 31, 2018. Going forward,
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the developer may pursue a shared parking program at the hotel, subject to a utilization
study demonstrating there is surplus parking at the property and City approval, as
specified in the Agreement.
Based on staff’s review of the developer’s annual compliance report submitted on
October 13, 2017 and with a March 31, 2018 deadline to cease the unpermitted vehicle
storage hotel, staff recommends a finding of good faith compliance with Development
Agreement requirements for the property.
Hampton Inn & Suites Hotel
501 Colorado Avenue
Agreement Effective: December 26, 2013
Expires: October 31, 2035
Reporting Period: 10/31/2016 to 10/31/2017
Working with the City to Achieve Good Faith Compliance
The Hampton Inn & Suites Hotel project consists of development of a new six-story,
78,750 SF hotel with 143 guest rooms, and 78 subterranean parking spaces. The
project was approved by Council on November 26, 2013.
Community Benefits Summary
• $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
• Minimum LEED Gold certification as established by the LEED Rating system
• Solar energy systems including photovoltaic solar panels
• One electric vehicle charging station and seven stub-outs for charging stations
• Minimum 30% water reduction for the hotel’s total water use
• Artistic Exhibition Program showcasing different forms of art in periodic
exhibitions at the hotel, including art sourced from professional galleries, local
artists, and Santa Monica students
• Community access to on-site meeting space
• Local hiring provision: internship program, job fair, and 40% hiring goal
• TDM Program including a 2.0 AVR target, bicycle parking, bicycle rentals, car-
share spaces, transit subsidies, etc.
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• Physical Improvements consisting of expanded sidewalks
• Shared parking provision
Status of Compliance
The Hampton Inn and Suites and the Courtyard by Marriott Hotel were developed and
are currently under the same ownership. The Hampton Inn and Suites project is
operating under a Temporary Certificate of Occupancy that was originally issued on
March 23, 2017. Issuance of a final Certificate of Occupancy is pending inspection for
one component of the building by the Fire Department. Specifically, the developer
voluntarily agreed to install a Radio Repeater System at the property at the request of
the Fire Department. Procuring and installing this equipment has been delayed due in
part to overseas fabrication of the main unit and a misdirected freight shipment for the
equipment. It is anticipated that issuance of a final Certificate of Occupancy for the
project will occur following final inspection by the Fire Department on March 23, 2018
but no later than April 30, 2018.
Required contributions towards Historic Preservation, Colorado Esplanade, Fourth
Court Alley Improvements, Affordable Housing Linkage, and the Hospitality Training
Academy were provided to the City prior to building permit issuance.
Like the Courtyard by Marriott project, during staff’s annual review of property and
subsequent discussions regarding Agreement-regulated parking pricing, the developer
noted that the property is currently leasing up to fifty of its subterranean parking spaces
to a local automobile dealership for vehicle storage. As discussed above, the developer
has specified that the auto dealership vehicle storage will cease at the property by
March 31, 2018.
Based on staff’s review of the developer’s annual compliance report submitted on
October 13, 2017 and with the March 31, 2018 deadline for ceasing automobile
dealership vehicle storage at the property, staff recommends a finding of good faith
compliance with Development Agreement requirements for the property.
Recommended Finding of Good Faith Compliance:
Projects Under Construction
Colorado Creative Studios
2834 Colorado Avenue
Agreement Effective: 9/22/2011
Expires: 9/22/2026
Reporting Period: May 9, 2016 to May 9, 2017
Project Under Construction
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This Development Agreement authorizes construction of a four-story, 191,982 square
foot mixed-use creative arts/entertainment production building over a three-level
subterranean parking garage with up to 640 parking spaces. The site includes
landscaping and seating areas and the building features ground floor neighborhood
serving uses.
Community Benefits Summary
• Dedicated 62-foot wide surface easement for the extension of Pennsylvania
Avenue and construction of roadway, curb, and gutters
• Contribution to Expo station enhancement at Bergamot of approximately
$363,000
• Widened sidewalks along Stewart Street to enhance the pedestrian environment
• Community 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 Compliance
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 continually monitored by the Building &
Safety Division, Public Works Department, Mobility Division and City Planning Division
throughout the duration of construction. The payment of the contribution to the
26thStreet/Bergamot Expo Station enhancement is required prior to the issuance of a
Certificate of Occupancy. The project is expected to be completed in 2018. The project
has been determined to be in good faith compliance with Development Agreement
requirements at this current phase of the development during the 2016-2017 reporting
year.
710 Wilshire Boulevard
Agreement Effective: May 11, 2012
Expires: May 11, 2032
Reporting Period: May 11, 2016 to May 11, 2017
Project Under Construction
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
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space. The project also includes construction of new six-story hotel building on site with
230 rooms; 8,700 SF of ground floor retail/restaurant; a ground floor, open-air paseo;
and up to 325 subterranean parking spaces. The project also includes a living wage
provision, including health benefits, for covered hotel workers.
Community Benefits Summary
• Preservation and rehabilitation of a City Landmark building
• TDM Program that includes a 1.75 AVR target for employees of the project
achieved by the third year after the City’s issuance of a certificate of occupancy,
bicycle parking for employees and guests, shared bicycles for guest use, and
transit subsidies for employees
• $244,000 transportation infrastructure fee
• Bicycle sharing area
• Electric vehicle infrastructure in parking garage for 30 electric vehicles
• Provide meeting space for non-profits and community organizations on a
reduced cost basis at least 12 times a year
• Paid internship program for at least two Santa Monica residents who attend
Santa Monica High School or Santa Monica College
• Local hiring for permanent and construction employees
Status of Compliance
The 710 Wilshire Boulevard project building permits were issued for construction of the
subterranean parking garage, including shoring, excavation, foundation and structural
work, and mechanical/electrical/plumbing work. Building permits for above-grade
improvements to the Landmark building and the above-grade improvements associated
with the new hotel building were issued during the 2017 reporting period. 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 $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. These local hiring efforts led to the hiring of
two local individuals for construction jobs.
Proposed modifications to the previously-approved design were presented to the JDRB
on October 12, 2017 and a Certificate of Appropriateness (17ENT-0195) was issued on
October 23, 2017 approving modifications include changes to building colors, front
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canopy, landscape and hardscape, configuration of 2nd floor terrace and rooftop area,
exterior lighting, and signage. Several minor modifications to the Development
Agreement were also approved by the City during the reporting period, including
maximum building height (2/15/17), slab on-grade rebar spacing (5/2/17), and relocation
of approved food service and alcohol service areas (10/6/17).
The project sponsor’s Historic Preservation Consultant and Structural Engineer have
met with staff to review its quarterly reports provided to the City in compliance with
mitigation measures to protect the existing Landmark building. These reports include a
summary of the vibration monitoring that includes real-time sensors to measure
construction activities to respond to any events that may trigger ground acceleration
greater than specified in project mitigation measures. The quarterly reports also provide
information periodic building walkthroughs conducted to ensure that construction
activities are not impacting the Landmark building.
Based on staff’s periodic review project during construction and the developer’s annual
compliance report provided to the City in January 2018, the project has been
determined to be in good faith compliance with Agreement requirements at this current
phase of the development during the 2016-2017 reporting period.
1112-1122 Pico Boulevard
Agreement Effective: December 26, 2014
Expires: December 26, 2024
Reporting Period: December 26, 2016 to December 26, 2017
Project Under Construction
The 1112-1122 Pico Boulevard 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-restricted 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 occupancy 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
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• 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-site 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, shoring, and the building. In July 2017, the developer completed
its requirement to record a deed restriction for the project’s on-site affordable and price
regulated units.
2930 Colorado Avenue
Agreement Effective: May 9, 2013
Expires: May 9, 2028
Reporting Period: May 9, 2016 to May 9, 2017
Project Under Construction
The 2930 Colorado Avenue project consists of an approximately 341,290 SF total
Mixed-use development with approximately 24,940 SF of commercial space, 377
residential units, including 38 affordable units, and 705 subterranean parking spaces.
The project was approved on April 9, 2013.
Community Benefits Summary
• Two new streets (Pennsylvania Avenue and New Road) that will be dedicated to
the City as surface easements
• $1,650,000 Transportation Infrastructure Fee
• $179,000 contribution to trust fund to be used for 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 entities who are
providing services to Village Trailer Park residents
• Approximately 27,000 SF of general public open space including expanded
sidewalks for outdoor dining and gathering on Colorado Avenue, smaller on-site
plazas, pedestrian pathways, and green space at the intersection of New Road
and Pennsylvania Avenue
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• Approximately 15,000 SF of residential public open space including pedestrian
pathways and courtyards
• Local hiring program for construction
• Local hiring program for permanent employment for commercial uses greater
than 1,500 SF
Status of Compliance
The project is currently under construction with permits issued for demolition,
foundation, excavation, shoring, and the main building with completion anticipated in
2019. Per the Development Agreement, ten trailer pads remain on the Residual Parcel
with upgraded water and gas services provided to all residents 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 are being disbursed as
part of the Community Cultural Services Department - Human Services Division grant
cycle. These funds will be distributed over a four-year period 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
1601 Lincoln Boulevard
Agreement Effective: February 12, 2016
Expires: February 12, 2026
Reporting Period: February 12, 2017 to February 12, 2018
Project Under Construction
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. Architectural Review
Board approval was obtained for the project design, colors, and materials during the
reporting period.
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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 Linkage 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 Demand 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 for 20% of the parking spaces (i.e. 34 spaces)
• Shared parking for City use: 15 parking spaces
• Local hiring program
Status of Compliance
Building permits authorizing the start of construction were issued in January 2018.
Compliance with local hiring provisions and construction-related requirements of the
Development Agreement has been verified at this step and will be continually monitored
by the Building & Safety Division, Public Works Department, and City Planning Division
throughout the duration of construction.
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The following Development Agreement fee payments were paid prior to issuance of
building: Transportation Management Association contribution ($50,000); Enhanced
Transportation Impact Fee ($820,000); Enhanced Parks and Recreation Fee
($600,000); Affordable Housing Linkage Fee ($175,000); Early Childhood Initiatives
contribution ($150,000); Big Blue Bus contribution ($80,000); Historic Preservation
contribution ($50,000); and Water Conservation Program contribution ($300,000).
Staff will provide an update on the status of compliance during construction as part of its
2019 annual report to Council.
Update on Projects Not Under Construction
1415 5th Street
Agreement Effective: November 27, 2015
Expires: November 27, 2018
Reporting Period: November 27, 2016 to November 27, 2017
Compliance Not Required at this Time
The 1415 5th Street project mixed-use project involving construction of a six-story (84
feet) building consisting 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.
Community 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 Transformation 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 Association contribution
• $40,000 Big Blue Bus contribution
43
• $90,000 Enhanced Transportation Impact Fee
• $280,000 Enhanced Parks and Recreation Fee
• $100,000 Early Childhood Initiatives contribution
• $50,000 Historic Preservation contribution
• $300,000 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
Reporting Period: November 27, 2016 to November 27, 2017
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.
Community Benefits Summary
• 20% On-Site affordable housing: 20 residential units
o 50% income households: 10 one-bedroom units & 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 contribution: $150,000
• Historic Preservation contribution: $50,000
• Big Blue Bus contribution: $80,000
44
• Transportation Management Association contribution: $50,000
• Transportation Demand 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
• Bioswale infiltration system that would capture, treat, and infiltrate stormwater
along Lincoln Boulevard
• Electric vehicle parking
• Shared parking for City use: 20 parking spaces
• Community meeting space
• Local hiring program
Status of Compliance
During the 2016-2017 reporting year, the project’s construction drawings were
submitted for City review. The plan review is in near completion of City Department
review. The project’s building permit is anticipated to be issued during the first half of
2018. The project has not advanced to issuance of building permits, therefore, there
are no compliance issues to report.
500 Broadway
Agreement Effective: June 24, 2016
Expires: June 24, 2026
Reporting Period: n/a
Compliance Not Required at this Time
The 500 Broadway project was approved by Council 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. On August 21, 2017, the Architectural Review Board approved the
project’s design, color, materials, and landscaping (16ARB-0374). A permit application
for the construction of the foundation (17BLD-5144) was submitted on December 4,
45
2017, and undergoing City Department review. The project’s building permit is
anticipated to be issued in 2018. The developer is in the process of procuring
contractors and continuing to market the future retail spaces and attempts to secure a
General Market tenant. Additionally, the 100% Affordable Housing Project located at
1626 Lincoln Boulevard (Development Agreement Community Benefit) was issued a
building permit and currently under construction. It is anticipated that the project
construction will be completed around October 2018. Community Corporation of Santa
Monica will be leading the leasing for this Affordable Housing Project.
Community Benefits Summary
• Off-Site 100% Affordable Housing Project: 64 Residential Units
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
• Transportation 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 Affordable 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 Water Infrastructure Program Improvements & Contribution: $1.1 M
Status of Compliance
The project has not advanced to issuance of a building permit, therefore, community
46
benefits have yet to be realized and there are no compliance issues to report.
1325 6th Street
Agreement Effective: 1/11/2018
Expires: 1/11/2028
Reporting Period: n/a
Compliance Not Required at this Time
This Development Agreement authorizes the construction of a six-story, 60-foot tall,
building totaling 64 residential units, 4,860 square feet of indoor commercial space,
1,697 square feet of outdoor ground floor commercial space, and 138 parking spaces
within four levels of subterranean parking. The site includes landscaping and seating
areas and the building also features ground floor neighborhood serving uses.
Community Benefits Summary
Off-Site Affordable Housing
The project would provide a total of 16 units (25% of the total 64 units) with the following
breakdown:
• Four 1 bedroom units at 30% (extremely low income)
• Three 2 bedroom units at 30% (extremely low income)
• Five studio units at 100% (Moderate)
• Four 1 bedroom units at 100% (Moderate)
Affordable Housing Disability Marketing & Outreach
Developer shall inform local disability advocacy organizations of the availability of the
affordable units and the mechanism for applying to be placed on the City’s Affordable
Housing waiting list administered by the City’s Housing Division. Within the existing
preferences adopted by the City Council in the Administrative Guidelines for the
Affordable Housing Production Program (AHHP), marketing and outreach to disability
advocacy organizations shall occur to inform disability organizations of the availability of
affordable units.
WISE and Healthy Aging
Annual contribution of $5,400 or amount necessary to provide a minimum of 12 hours
monthly for on-site visits and case management.
Transportation Allowance
Developer shall pay 100% of the monthly regional transit pass of the resident’s choice
for the residents of the 100% senior affordable housing project at 711 Colorado Ave.
47
Enhanced Impact Fees
Enhanced impact fees representing a 90% increase above maximum permitted fees
determined by a nexus study for the incremental development above Tier 1, consistent
with community benefits required as part of Chapter 9.10.70 of the DCP for Tier 2
projects:
• Enhanced Transportation Impact Fee: A monetary contribution of $444,000.
• Enhanced Parks and Recreation Fee: A monetary contribution of $624,000
towards parks and recreation programs.
• Affordable Housing Commercial Linkage Fee: A monetary contribution of
$600,000 towards development of affordable housing units in the City.
• Early Childhood Initiatives Contribution: A monetary contribution of $56,000 that
would support early childhood initiatives (in lieu of Childcare Linkage Fee).
Shared Vehicle Parking
The development agreement supports maximizing the amount of publicly available
parking for visitors and employees by requiring that:
• All parking shall be unbundled, which means that the parking space must be
leased separately from the residential unit; and
• The developer must charge for parking at rates not competitive with comparable
transit fares.
Local Hiring
The project would include local hiring provisions for construction-related and permanent
employment. The Developer and commercial tenants would be required to follow
certain steps to ensure that the greatest opportunity for interviewing local residents and
employees is provided. All hiring decisions would continue to remain at the discretion of
the Developer and commercial tenants. The local hiring for permanent employment
provisions have been updated in coordination with Community and Cultural Services
staff in light of recent experiences with implementation of local hiring. The requirements
include more specificity with respect to efforts made to hold employment outreach (e.g.
job fairs) in places accessible to targeted job applicants, expands the type of
organizations that must be contacted during the advanced recruitment period, requires
advertisements to be in English, Spanish, and other languages necessary to reach the
targeted job applicants, and requires consultation with the City’s Human Services
Division. Further, there is more specificity required in annual reporting with respect to
reporting on outcomes of the local hiring program.
Cultural Arts Contribution
The developer will contribute $117,000 to support cultural arts in the City, as required by
SMMC Chapter 9.30.
Historic Preservation Contribution
The developer will contribute $75,000 to support the City’s historic preservation efforts.
48
Wi-Fi Access
Developer shall pay 100% percent of the cost of wi-fi access for the residents at the
100% senior housing project at 711 Colorado Avenue.
Status of Compliance
The Development Agreement was approved by Council on December 12, 2017.
Architectural Review Board approval will be required prior to issuance of a building
permit to commence construction. 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.
1430 Lincoln Boulevard
Agreement Effective: 1/11/2018
Expires: 1/11/2028
Reporting Period: n/a
Compliance Not Required at this Time
This Development Agreement authorizes the construction of consists of a five-story, 50-
foot tall building totaling 100 residential units, 5,830 square feet of commercial space on
the ground floor, and 296 parking spaces within four levels of subterranean parking.
The site includes landscaping and seating areas and the building also features ground
floor neighborhood serving uses.
Community Benefits Summary
Off-Site Affordable Housing
The project would provide a total of 30 units (30% of the total 100 units) with the
following breakdown:
• 10 units for 30% income households (extremely low):
o Six1-BR units
o Four 2-BR units
• 20 units for 100% income households:
o Ten Studio units
o Ten 1-BR
Affordable Housing Disability Marketing & Outreach
Developer shall inform local disability advocacy organizations of the availability of the
affordable units and the mechanism for applying to be placed on the City’s Affordable
Housing waiting list administered by the City’s Housing Division. Within the existing
preferences adopted by the City Council in the Administrative Guidelines for the
Affordable Housing Production Program (AHHP), marketing and outreach to disability
49
advocacy organizations shall occur to inform disability organizations of the availability of
affordable units.
WISE and Healthy Aging
Annual contribution of $5,400 or amount necessary to provide a minimum of 12 hours
monthly for on-site visits and case management.
Transportation Allowance
Developer shall pay 100% of the monthly regional transit pass of the resident’s choice
for the residents of the 100% senior affordable housing project at 711 Colorado Avenue.
Enhanced Impact Fees
Enhanced impact fees representing a 90% increase above maximum permitted fees
determined by a nexus study for the incremental development above Tier 1, consistent
with community benefits required as part of Chapter 9.10.70 of the DCP for Tier 2
projects:
• Enhanced Transportation Impact Fee: A monetary contribution of $326,000.
• Enhanced Parks and Recreation Fee: A monetary contribution of $911,000
towards parks and recreation programs.
• Early Childhood Initiatives Contribution: A monetary contribution of $62,000 that
would support early childhood initiatives (in lieu of Childcare Linkage Fee).
Shared Vehicle Parking
The development agreement supports maximizing the amount of publicly available
parking for visitors and employees by requiring that:
• All parking shall be unbundled, which means that the parking space must be
leased separately from the residential unit; and
• The developer must charge for parking at rates not competitive with comparable
transit fares.
Local Hiring
The project would include local hiring provisions for construction-related and permanent
employment. The Developer and commercial tenants would be required to follow
certain steps to ensure that the greatest opportunity for interviewing local residents and
employees is provided. All hiring decisions would continue to remain at the discretion of
the Developer and commercial tenants. The local hiring for permanent employment
provisions have been updated in coordination with Community and Cultural Services
staff in light of recent experiences with implementation of local hiring. The requirements
include more specificity with respect to efforts made to hold employment outreach (e.g.
job fairs) in places accessible to targeted job applicants, expands the type of
organizations that must be contacted during the advanced recruitment period, requires
advertisements to be in English, Spanish, and other languages necessary to reach the
targeted job applicants, and requires consultation with the City’s Human Services
50
Division. Further, there is more specificity required in annual reporting with respect to
reporting on outcomes of the local hiring program.
Cultural Arts Contribution
The developer will contribute $180,000 to support cultural arts in the City, as required by
SMMC Chapter 9.30.
Wi-Fi Access
Developer shall pay 100% percent of the cost of wi-fi access for the residents at the
100% senior housing project at 711 Colorado Avenue.
Status of Compliance
The Development Agreement was approved by Council on December 12, 2017.
Architectural Review Board approval will be required prior to issuance of a building
permit to commence construction. 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 TDM Program elements included in Development Agreements since 2010
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
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 AVR
with Light
Rail
• 90 bicycle parking spaces
• Shower & locker
• Space for future bicycle
sharing station
$100,000 for Memorial
Park Expo Station
improvements
Required
15-month
shuttle
operation
• Co-lead TMA
formation in
Healthcare
District
• Fund TMA
study
• Participate in
Healthcare
District TMA
Utilizes off-site
shared parking
facility
• Yes
• Yes
725 California Avenue
(Saint Monica’s Catholic
Community)
(2010)
• 1.5 AVR for
employees
within two
years of
Cert. of
Occupancy
issuance
(2014)
• 50 bicycle parking spaces
• Shower & locker
n/a • Assist in
formation of
geographic-
based TMA if
City requires
• Participate in
future
geographic-
based TMA
Provides
shared parking
facility
• Yes
• Yes
2
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
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
• Participate in
future
geographic-
based TMA
Permitted to
share parking
• Yes
• Yes
2834 Colorado Avenue
(Colorado Creative
Studios)
(2011)
• 1.6 AVR
• 1.75 AVR
with Light
Rail
• 64 bicycle parking spaces
• Shower & locker
• Space for future bicycle
sharing station
$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 7th Street
(2011)
1.75 AVR
by third year of
occupancy
• 67 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
401 Broadway
(2012 & 2013
Amendment)
2.0 AVR
by third year of
occupancy
• 89 bicycle parking spaces
(including secure 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
Required 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 use 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/
Information Center
1548 6th 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
circulation 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
infrastructure fee
• Participate in
future
geographic-
based TMA
• Fund
$50,000
toward area
TMA
formation
Requirement
to share
portion of
parking &
permitted to
unbundle
parking
• Yes
• Yes
1318 2nd 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 residents
• 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
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
1731 20th 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
the formation
of a
geographic-
based TMA
• Yes
• Yes
1554 5th Street
(Courtyard by Marriott
Hotel)
(2013)
• 2.0 AVR
from one
year after
the City’s
issuance of
final
certificate of
occupancy
• 31 long-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 4th Court
alley bicycle
improvements OR parks
and recreation
contribution if 4th Court
project not pursued
• Participate in
establishme
nt of future
geographic-
based TMA
Permitted to
share parking
• Yes
• Yes
501 Colorado Avenue
(Hampton Inn & Suites
Hotel)
(2013)
• 2.0 AVR
from one
year after
the City’s
issuance of
final
certificate of
occupancy
• 33 long-term bicycle 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 transportation
infrastructure
improvements
$294,000 Colorado
Esplanade contribution
• Participate in
formation of
future
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
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
certificate of
occupancy
or theater
open to
public if
Light Rail is
operational
$120,000
Colorado Esplanade
contribution
$20,820 Colorado
Avenue design costs
$100,000
Downtown Wayfinding
• Participate in
formation of
future
geographic-
based TMA
• Yes
• Yes
1402 Santa Monica Blvd
(Mini Dealership)
(2014)
• 1.6 AVR
commencin
g from
issuance of
Certificate of
Occupancy
• 1.75 AVR by
the first year
after the
City’s
issuance of
certificate of
occupancy 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 within
two blocks)
• Shower & locker
$189,424.74 for
transportation
infrastructure
improvements
• Participate in
the formation
and activities
of TMA
• Yes
• Yes
6
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
1112 Pico Blvd
(2014)
• 4 short-term bicycle parking
spaces
• Long-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 5th 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
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
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
contribution
• 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
Unreserved/
shared
commercial
parking
• Yes, parking cash
out, transportation
allowance (res +
com).
• Yes
8
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
1325 6th Street
(2017)
• 2.0 AVR
within two
years after
the City’s
issuance of
Certificate of
Occupancy
• Bicycle tool and repair facility
on-site
• Short-term bicycle parking
spaces provided on site for
residential and commercial
• Long-term bike parking
spaces provided on site for
residential and commercial
• Lockers and showers
provided on site
• On-site shared bicycles for
commercial tenant employees
$444,000 Transportation
Impact Fee
• Participate in
the formation
and activities
of TMA
Unbundled
parking
Specified
parking pricing
• Developer shall pay
100% of the monthly
regional transit pass
of the resident’s
choice for the
residents of the 100%
senior affordable
housing project at
711 Colorado Ave
• Parking cash out
• Transportation
allowance
• Customer/visitor
incentive program
• Transportation
information center
and Transportation
Coordinator
1430 Lincoln Blvd
(2017)
• 2.0 AVR
within two
years after
the City’s
issuance of
Certificate of
Occupancy
• Bicycle tool and repair facility
on-site
• Short-term bicycle parking
spaces provided on site for
residential and commercial
• Long-term bike parking
spaces provided on site for
residential and commercial
• Lockers and showers
provided on site
• On-site shared bicycles for
commercial tenant employees
$326,000 Transportation
Impact Fee
• Unbundled
parking
Specified
parking pricing
• Developer shall pay
100% of the monthly
regional transit pass
of the resident’s
choice for the
residents of the 100%
senior affordable
housing project at
711 Colorado Ave
• Parking cash out
• Transportation
allowance
• Customer/visitor
incentive program
• Transportation
information center
and Transportation
Coordinator
1
Attachment C: Regulated Average Vehicle Ridership Data - Development Agreements 2010-2017
Development
Agreements
Average Vehicle
Ridership Peak
Hour (AVR)
Agreement terms:
2011 2012 2013 2014 2015 2016 2017 Comments
725 California
Avenue
(Saint Monica’s
Catholic Community)
(2010)
Goal/Target:
• 1.5 AVR for
employees within
two years of
Certicate 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 compliance
Survey Week:
September 19,
2016
1.44
AM AVR
1.38
PM AVR
Survey Week:
September 11,
2017
1800 Stewart Street
(Agensys)
(2010)
Requirement:
• 1.6 AVR
• 1.75 AVR within
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
Survey not
conducted
Facility closure began in July
2017
2401-2525 Colorado
Avenue
(Colorado Center)
(5th Amendment
2011)
Goal/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
1.37
AM AVR
1.36
PM AVR
Survey Weeks:
Variable
June-October
2016
1.4
AM AVR
1.42
PM AVR
Survey Weeks:
Variable
June-October
2017
Ownership is responsible for
surveying small employers
(tenants) at the property and
gathering data prepared by large
employers (tenants) to determine
AVR for the property as a whole.
2
Development
Agreements
Average Vehicle
Ridership Peak
Hour (AVR)
Agreement terms:
2011 2012 2013 2014 2015 2016 2017 Comments
2121 Santa Monica
Boulevard
(Providence
Saint John’s Health
Center Amendment)
(First Amendment
2011)
Goal/Target:
• 1.5 AVR
starting 2013
• 1.6 AVR within
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 Compliance
for AM Peak
Period
With AQMD trip
credits &
weekend
compressed
schedule:
1.76
AM AVR*
1.83
PM AVR*
Survey Week:
August 29,
2016
1.5
AM AVR
1.39
PM AVR
With corrected
of employee
PM Peak
Period data:
1.51
PM AVR**
* With AQMD trip credits for
employees who depart/arrive
outside of peak hours; also
factors in compressed week
schedule trips that occur on
Sat/Sun
** With corrected PM Peak
Period employee data and mode
that shows 55 more employees
using non-SOV modes during
the PM Peak Period compared
to 2016.
3
Development
Agreements
Average Vehicle
Ridership Peak
Hour (AVR)
Agreement terms:
2011 2012 2013 2014 2015 2016 2017 Comments
702 Arizona Avenue
(2011)
Goal/Target:
1.75 AVR by the
third year after
Certificate of
Occupancy issuance
n/a
n/a
n/a
n/a
n/a
n/a
Baseline AVR
TBD
1317 7th Street
(2011)
Goal/Target:
1.75 AVR by the
third year after
Certificate of
Occupancy issuance
n/a
n/a
n/a
n/a
n/a
n/a
Baseline AVR
TBD
1548 6th Street
(2012)
Goal/Target:
1.75 AVR by the
second year after
Certificate of
Occupancy issuance
n/a
n/a
n/a
n/a
Baseline
AVR TBD*
Baseline AVR
TBD*
Baseline AVR
TBD*
*Baseline AVR not required
until commercial tenant
spaces are occupied
4
1318-1320 2nd Street
(2013)
Goal/Target:
2.0 AVR by the
second year after
Certificate of
Occupancy issuance
n/a
n/a
n/a
n/a
n/a
n/a
n/a
AVR data to be collected
during 2018 reporting period
1731 20th Street
(Crossroads School
– Science Building)
(2013)
Goal/Target:
• 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 Week:
May 23, 2016
1.84
AM AVR
1.81
PM AVR
In Compliance
Survey Week:
March 2017
315 Colorado
Avenue
(Arclight Theater at
Santa Monica Place)
(2014)
Goal/Target:
• 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
n/a
n/a
n/a
n/a
n/a
1.89
AM AVR
1.89
PM AVR
In Compliance
Survey Week:
September 14,
2016
2.07
AM AVR
10.81
PM AVR
In Compliance
Survey Week:
October 25,
2017
5
Development
Agreements
Average Vehicle
Ridership Peak
Hour (AVR)
Agreement terms:
2011 2012 2013 2014 2015 2016 2017 Comments
1554 5th Street
(Courtyard Marriott)
(2013)
Goal/Target:
• 2.0 AVR by first
year after
Certificate of
Occupancy
issuance
n/a
n/a
n/a
n/a
n/a
n/a
n/a
AVR data to be collected
during 2018 reporting year
501 Colorado
Avenue
(Hampton Inn &
Suites)
(2013)
Goal/Target:
• 2.0 AVR by first
year after
Certificate of
Occupancy
issuance
n/a
n/a
n/a
n/a
n/a
n/a
n/a
AVR data to be collected
during 2018 reporting year
1402 Santa Monica
Boulevard
(Mini Automobile
Dealership)
(2014)
Goal/Target:
• 1.75 AVR by first
year after
Certificate of
Occupancy
issuance and with
Memorial Park
Station fully
operational for at
least one year
n/a
n/a
n/a
n/a
n/a
n/a
n/a
AVR data to be collected
during 2018 reporting year