City Council Meeting: November 27, 2012
Agenda Item: 7-A
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Ordinance Approving the Development Agreement Between the City of Santa Monica, a Municipal Corporation, Village Trailer Park, LLC, a California Limited Liability Company, and Village Trailer Park Inc., a California Corporation
Recommended Action
Staff recommends that the
City Council adopt the attached ordinance.
Executive Summary
At its meeting on November 14, 2012, the City Council introduced for first reading an ordinance approving the Development Agreement between the City of Santa Monica, a municipal corporation, Village Trailer Park, LLC, a California Limited Liability Company, and Village Trailer Park Inc., a California Corporation. The ordinance is now presented to the City Council for adoption.
Prepared by: Marsha Jones Moutrie, City Attorney
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Approved: |
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Forwarded to Council: |
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Marsha Jones Moutrie City Attorney |
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Rod Gould City Manager |
City Council Meeting 11-27-12
Santa Monica, California
ORDINANCE NUMBER __________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF
SANTA MONICA, A MUNICIPAL CORPORATION, Village Trailer Park LLC, a CALIFORNIA limited
liability COMPANY, and Village Trailer Park Inc., A CALIFORNIA Corporation
WHEREAS, on June 25, 2007, Village Trailer
Park LLC, a California Limited Liability Company, hereinafter
"Developer," submitted an application for a development agreement for
a mixed-use project that will include a
mixed-use project consisting of 438 residential units, up to 5,080
square feet of ground floor creative office, and 20,860 square feet of ground
floor neighborhood-serving retail; and
WHEREAS, on August 13, 2012, Developer
submitted revisions to the proposed mixed-use project, so that it will include
377 residential units, up to 4,250 square feet of ground floor creative office,
and not less than 20,700 square feet of ground floor neighborhood-serving
retail; and
WHEREAS, a
Draft Environmental Impact Report dated
October 2011, and a Final Environmental Impact Report dated April 2012 have
been prepared analyzing the environmental effects of the development agreement;
and
WHEREAS, the
revisions to the project plans submitted August 13, 2012, resulted in
potentially significant impacts with respect to Aesthetics (Shade and Shadows)
and, therefore, pursuant to CEQA Guidelines Section 15088.5(a), a Recirculated
EIR was prepared and recirculated for a 45-day public review period from August
31, 2012 to October 15, 2012; and
WHEREAS, a
Revised Final EIR was published on November 1, 2012, which contains all
comments and responses to comments received during the comment period for the
Recirculated EIR and analyzes the revised project; and
WHEREAS, on
November 14, 2012, the City Council adopted resolutions certifying the Final
Environmental Report and adopting a statement of overriding considerations and
mitigation monitoring plan; and
WHEREAS, the development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as described below, and as detailed in the accompanying City Council staff report prepared for this proposed project and the exhibits thereto, including but not limited to:
(a)
Consistent
with LUCE Goal D24 and Policy D24.1, the Project’s location, mix of uses, and
design, capitalizes on the Expo Light Rail station at Bergamot Arts Center by
contributing towards creating a mixed‐use 17 hours per day, 7 days per week neighborhood
with a diverse mix of creative arts facilities, local-serving uses, and
residential types that provides a quality transition to residential
neighborhoods to the north, east and south.
(b)
Consistent with LUCE Goal LUCE D25 and Policy 25.1,
two new streets that include a portion of Pennsylvania Avenue between Stewart
and Stanford Streets and New Road will enhance the circulation and
transportation in the Mixed‐Use Creative
District with pedestrian, vehicular and transit improvements that form an interconnected grid of vehicle and
pedestrian streets and bicycle paths to facilitate circulation in the district.
(c)
The
Project provides for the donation of land and the development of parking spaces
for future affordable housing and the provision of16 affordable housing units
within the proposed project, of which 7 will be affordable to extremely low
income households and 9 for very low income households, consistent with Policy
LU 2.4, which calls for the creation of diverse housing options along the
transit corridors and in the activity centers, replacing some commercial
potential with additional affordable and workforce housing, and encouraging
affordable workforce housing near the transit stations.
(d)
The Project is a mixed-use project that complies
with the general land use parameters encouraged in the Mixed Use Creative land
use designation and complies with the requirements of the City’s Rent Control
Charter Amendment, consistent with LUCE Policy D24.13, which states “retain the
Village Trailer Park to the extent feasible, and permit recycling to other uses
that are consistent with the MUCD and in compliance with the City’s Rent
Control Charter Amendment and sections of the California Government Code
applicable to recycling mobile home parks.”
(e)
The new streets in the Project will be designed as
complete streets to accommodate
pedestrians, cyclists, and vehicles,
consistent with LUCE Goal LU 19 and Policy LU19.2, which requires the design and operations of streets with all
users in mind including bicyclists, transit users, drivers and pedestrians of
all ages and abilities.
(f)
The
Project is designed with significant setbacks and stepbacks,
provides ground-floor neighborhood serving retail on Colorado Avenue, and
provides significant building articulation and skyline variation, particularly
on the upper floors, throughout the project, consistent with LUCE Policy B12.1,
which encourages local-serving retail and residential uses along the avenue and
stepping down the mass of buildings to provide transitions to the adjacent
lower-scale residential areas.
(g)
The
implementation of a Transportation Demand Management (TDM) plan in efforts to
reduce vehicle trips in the area and reduce associated parking demand
consistent with LUCE Circulation Policy T19.2, which seeks appropriate TDM
requirements for new development.
(h)
The
project is consistent with the LUCE’s overall land use policies by providing
community benefits for the area, including but not limited to, two new streets
(Pennsylvania Avenue and New Road) that will be dedicated to the City as
surface easements; payment of a transportation infrastructure fee;
contributions to childcare; contributions to services for seniors, disabled persons,
and families with minor children; ground floor open space; a local hiring
program for construction and permanent employment; reserved space to
accommodate bicycle and car sharing; contribution towards the start-up costs
for a district-wide transportation management association; and a TDM plan that
provides for bicycle parking and facilities for a variety of on-site users and
transit subsidies for residents and employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Development Agreement attached hereto
as Exhibit 1 and incorporated herein by reference by and between the City of
Santa Monica, a municipal corporation, Village Trailer Park LLC, a California
Limited Liability Company, and Village Trailer Park Inc., a California
corporation, is hereby approved.
SECTION 2. Each and every term and condition of the
Development Agreement approved in Section 1 of this Ordinance shall be and is
made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica
finds that public necessity, public convenience, and general welfare require
that any provision of the Santa Monica Municipal Code or appendices thereto
inconsistent with the provisions of this Development Agreement, to the extent
of such inconsistencies and no further, be repealed or modified to that extent
necessary to make fully effective the provisions of this Development Agreement.
SECTION 3. Any
provision of the Santa Monica Municipal Code or appendices thereto,
inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. If any
section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this
Ordinance, and each and every section, subsection, sentence, clause, or phrase
not declared invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk
shall attest to the passage of this Ordinance.
The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption.
This Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO
FORM:
______________________________
MARSHA JONES
MOUTRIE
City Attorney
EXHIBIT 1