City Council Meeting: 4-9-13                                                                                                                                                                                                                                                              Santa Monica, California

 

 

 

ORDINANCE NUMBER __________ (CCS)

 

 

 

(City Council Series)

 

 

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

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 would have included 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, a Draft Environmental Impact Report  dated October 2011, and a Final Environmental Impact Report dated April 2012 was prepared analyzing the environmental effects of the development agreement; 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, 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 Impact Report and adopting a statement of overriding considerations and mitigation monitoring plan, and introduced Ordinance No. 2414 (CCS) for first reading, approving a Development Agreement for Developer's proposed project; and

WHEREAS, on November 27, 2012, the City Council voted to adopt on second reading, Ordinance No. 2414 (CCS),  approving Developer’s proposed mixed-use project (the "November 2012 Development Agreement"); and

WHEREAS, on December 11, 2012, the City Council voted to reconsider and rescind its vote approving the November 2012 Development Agreement, with direction to staff to continue negotiation with Developer on issues including affordable housing production and return to the Council at a future date; and

 

WHEREAS, on January 7, 2013, Developer filed a lawsuit against the City, entitled Village Trailer Park, LLC, et al. v. City of Santa Monica, LASC Case No. BS141223, claiming, among other things, that the City Council's action of December 11, 2012, was legally invalid, that the November 2012 Development Agreement remained in effect, and that the City had violated various legal rights of Developer, thereby entitling Developer to compensatory damages and attorney’s fees; and

              WHEREAS, as a result of settlement negotiations, Developer proposed a new Development Agreement making all of the 377 residential units in the project rental apartments, and restricting 41 of them for affordable housing as Very Low Income units, but making no changes to the project’s site and building design and the amount of commercial square feet in the project; and

WHEREAS, pursuant to CEQA Guidelines Section 15162, the environmental review completed for the November 2012 Development Agreement, including the certification of the environmental impact report, is adequate environmental review for the Development Agreement attached as Exhibit 1; 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 mixeduse 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 MixedUse 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 ten trailer spaces to be retained in a mobilehome park on a Residual Parcel and the provision of 38 affordable housing units, 35 of which will be restricted to very low income households and 3 of which will be restricted to extremely low income households, within the proposed project, 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 Project contains a Relocation Plan that is consistent with and implements the City's Housing Element, Section C, Objective 3.b, which contains the following Program action:  “In the event that that closure of the Village Trailer Park is approved, provide assistance options for residents such as relocation to the proposed on-site rent controlled apartment buildings or condominiums, coach purchase and replacements programs or relocation to the City’s Mountain view mobile home park.” 

(f)           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.

(g)          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.

(h)          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.

(i)             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

 

DEVELOPMENT AGREEMENT