Legislation Details

File #: HIST-4783    Version: 1 Subject:
Type: Historical Status: Historical
In control: HISTORICAL - REDEVELOPMENT
On agenda: 4/16/2007 Final action: 4/16/2007
Title: Authorization to Terminate the Exclusive Negotiation Agreement with Olson Urban Housing LLC for the Washington Boulevard/Centinela Avenue Redevelopment, the Purchase of Certain Documents Relative to the Property, and Issuance of a Request for Proposal for the Redevelopment of the Site.
Attachments: 1. Authorization to Terminate the Exclusive Negotiati - SR 07_04_16 Olson ENA Termination.doc, 2. Authorization to Terminate the Exclusive Negotiati - ATT 07_04_16 Olson ENA Termination.doc, 3. Authorization to Terminate the Exclusive Negotiati - ATT 07_04_16 Olson ENA Termination RFP.pdf
City of Culver City, California Redevelopment Agency Agenda Item Report RECOMMENDATION: Staff recommends the Culver City Redevelopment Agency (“the Agency”) direct staff to terminate the Exclusive Negotiation Agreement with Olson Urban Housing LLC for the Washington Boulevard/Centinela Avenue redevelopment, to purchase certain documents relative to the property, and to either issue a Request for Proposal for redevelopment of the site or put it up for sale to the highest bidder. BACKGROUND: Olson ENA During its meeting of September 9, 2004, the Agency approved entering into an ENA with Olson for redevelopment of several parcels within the vicinity of Washington Boulevard and Centinela Avenue. On October 17, 2005, the Agency approved the first amendment to the Olson ENA, removing the Centinela Plaza Shopping Center and two Grandview Avenue Mobile Home Parks from the proposed redevelopment. During its meeting of December 18, 2006, the Agency approved the second amendment to the Olson ENA, which removed Site A and extended the schedule to negotiate redevelopment of only the northeast corner of the project. The northeast corner of the project is comprised of 12337 and 12343 Washington Boulevard (the former Shell Gasoline Station and adjacent Michel’s Flower Shop), and is commonly referred to as Site B. Woo ENA Meeting Date: 04/16/07 Item Number: AGENDA ITEM: Authorization to Terminate the Exclusive Negotiation Agreement with Olson Urban Housing LLC for the Washington Boulevard/Centinela Avenue Redevelopment, the Purchase of Certain Documents Relative to the Property, and Issuance of a Request for Proposal for the Redevelopment of the Site. Contact Person/Dept.: Joe Susca Phone Number: 310-253-5763 Fiscal Impact: Yes [X] No [ ] General Fund: Yes [ ] No [X] Public Hearing: [ ] Action Item: [X] Attachments: [ ] Public Notification: A postcard announcing the meeting was mailed to businesses and residents adjacent to the project (04/02/07); Peter Woo, Jack Woo, Charles Woo, Shu Woo and their attorney Peter Wallin; John Reekstin of The Olson Company; Barry Peterson and Eric Grodan of the California Community Foundation; and the Master E- Mail Notification List (04/11/07). Department Approval: Todd Tipton (04/05/07) Executive Director Approval: Jerry B. Fulwood (04/11/2007) City Controller Approval: Marlee Chang (04/11/07) City of Culver City, California Redevelopment Agency Agenda Item Report On March 5, 2007, the Agency unanimously voted to approve entering into a six- month ENA with SJ Woo LLC and PCKW LLC (“Woo”) to negotiate a redevelopment project for the northwest corner of the project, commonly referred to as Site A. Since that approval, Woo has notified staff that they have decided not to enter into the ENA. DISCUSSION: Olson Acknowledgement of Termination of ENA, Purchase of Documents and Release The second amendment to the Olson ENA included a clause which stated that if both parties were unable to agree upon a sale price for the Site B properties to Olson within a specified time, the ENA would automatically terminate. The parties have been unable to mutually agree upon a land sale price and now wish to formally acknowledge the termination of the ENA. In connection with such acknowledgment, staff has also requested a release from Olson for any claims which may arise related to the ENA through the proposed Acknowledgment of Termination of the ENA, Purchase of Documents and Release (the “Agreement”) before you this evening for consideration. Purchase of Certain Documents from Olson In preparation for the redevelopment of Sites A and B, staff and Olson ordered a number of surveys, plans, appraisals, traffic analyses, and related reports that continue to have value to the Agency and/or a replacement Developer of the project area. Upon execution of the original ENA in 2004, Olson made an initial deposit of $25,000 with the Agency. In January 2006, Olson deposited another $25,000, for a total of $50,000 to be applied toward Agency-initiated reports performed for the redevelopment. Though the Olson ENA states that Olson will be responsible for all expenses related to preparing the Sites for redevelopment and that the Agency has no obligation to reimburse Olson for those costs, some of these documents continue to have value to the Agency and/or to a replacement developer of the project area. Olson has submitted a list of documents initiated by Olson which may have value to the Agency and/or a future developer of the Sites. Staff has prepared a combined list of documents which staff believes will continue to have value to either the Agency and/or a new developer, as follows: City of Culver City, California Redevelopment Agency Agenda Item Report Item Cost Comments Initial and Updated Appraisals for Sites A and B $11,838 The Agency will be negotiating for the sale of Sites A and B, and the appraisals will aid it in its negotiations. Acoustic Study $850 This is a study of adjacent street noise that will likely be used by a new developer of Sites A and B. Environmental Investigation Reports $15,560 Environmental reports may be required by a future developer of Sites A and B to determine if the sites have any hazardous materials present which may affect any proposed development. Soil Boring Studies $11,368 This study was performed to determine the soil’s ability to support construction of the proposed development. ALTA Civil Geographical Survey $11,000 This survey was performed to determine existing easements and encumbrances at Sites A and B. Total $50,616 Staff recommends the Agency purchase these items from Olson (or reimburse Olson, as appropriate) for $50,616 as they continue to be of value to the Agency and/or a new developer for Sites A and B. The Agreement includes language for the purchase of the foregoing items from Olson and, where applicable, requires Olson to obtain authorization by the firm who created the document to release them to the Agency and its replacement developer. The Agreement requires that Olson make available, and sell the reusable portions of, the updated traffic study and any other documents or reports created for Sites A and B, for purchase by the Agency or directly by any new developer. Any documents purchased will be at Olson’s cost. Woo ENA Citing opposition by the community as witnessed during the proceedings of the Agency meeting held on March 5, 2007, the Woo family decided not to sign the ENA approved by a unanimous affirmative vote of the Agency. The Woos have stated that they will not be proceeding with preparation of a redevelopment proposal for Site A after all. As a result, staff recommends inclusion of Site A in the Site B Request for Proposal (the “RFP” as outlined below), or alternatively, to sell the two Sites together to the highest bidder. Request for Proposal City of Culver City, California Redevelopment Agency Agenda Item Report If (a) the proposed Olson Agreement is approved this evening, and (b) the inclusion of Site A in the proposed RFP is also approved, the Agency may authorize staff to release the attached RFP for the redevelopment of both Sites A and B. The attached RFP includes the 12331-33 Washington Boulevard parcel as an option for potential inclusion in the project. If an RFP is approved, staff will review the developer responses and, if appropriate, recommend that the Agency enter into a Disposition and Development Agreement or a Purchase and Sale Agreement with a new developer for both sites redevelopment. Once selected, the new developer will be required to conduct a minimum of one community meeting to present their redevelopment plans to the neighborhood to aid them in refining the plans. Alternatively, in lieu of issuing a formal RFP, the Agency may consider putting the two Sites up for sale to the highest bidder, with the 12331-33 Washington Boulevard parcel as an option for potential inclusion in the sale. FISCAL ANALYSIS: The Agreement includes the reimbursement or purchase from Olson of the various reports that still have value to the Agency and/or any new developer of the sites for $50,616. Staff believes the majority of the costs to purchase the Olson documents are eligible for reimbursement by a subsequent developer of the sites. Sufficient funds exist in the Washington-Centinela Other Contractual Services Account #55092610.619800 to purchase/reimburse these documents from Olson. ATTACHMENTS: 1. Acknowledgement of Termination of Exclusive Negotiation Agreement, Purchase of Documents and Release 2. April 2, 2007 Public Notice 3. Request for Proposal MOTION: That the Culver City Redevelopment Agency: 1. Approve the Acknowledgment of Termination of Exclusive Negotiation Agreement, Purchase of Documents and Release with Olson Urban Housing LLC in the amount of $50,616 and authorize the Executive Director to sign the agreement on behalf of the Agency; and City of Culver City, California Redevelopment Agency Agenda Item Report 2. Acknowledge that though the Agency previously approved an Exclusive Negotiation Agreement with SJ Woo LLC and PCKW LLC, they have decided not to enter into the ENA for Site A; and, 3. Approve the proposed Request for Proposal and its subsequent release to developers for redevelopment of Sites A and B, including the 12331 to 12333 Washington Boulevard parcel as an option for potential inclusion in the project; OR 4. Approve placing Site A and B up for sale to the highest bidder, including the 12331 to 12333 Washington Boulevard parcel as an option for potential inclusion in the sale. MEETING DATE: 04/16/07 AGENDA ITEM: Authorization to Terminate the Exclusive Negotiation Agreement with Olson Urban Housing LLC for the Washington Boulevard/Centinela Avenue Redevelopment, the Purchase of Certain Documents Relative to the Property, and Issuance of a Request for Proposal for the Redevelopment of the Site. ATTACHMENTS Pages 1 Acknowledgement of Termination of Exclusive Negotiation Agreement, Purchase of Documents and Release 1-8 2 March 29, 2007 Public Notice 9 3 Request for Proposal 10-93 ACKNOWLEDGMENT OF TERMINATION OF EXCLUSIVE NEGOTIATION AGREEMENT, PURCHASE OF DOCUMENTS AND RELEASE THIS ACKNOWLEDGMENT OF TERMINATION OF EXCLUSIVE NEGOTIATION AGREEMENT, PURCHASE OF DOCUMENTS AND RELEASE (this “Termination and Release”) is entered into by and between the CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate and politic (“Agency”), and OLSON URBAN HOUSING, LLC, a Delaware limited liability company (“Developer”), under the terms and provisions set forth below. Agency and Developer are sometimes hereinafter collectively referred to as the “Parties.” RECITALS WHEREAS, on September 14, 2004, the Agency and Developer entered into an Exclusive Negotiation Agreement (the “Agreement”) to seek to negotiate the terms of a Disposition and Development Agreement or an Owner Participation Agreement in furtherance of the goals and objectives of the Redevelopment Plan for the Culver City Redevelopment Project, Component Area No. 4; and WHEREAS, in a letter dated February 23, 2005, pursuant to Section 2.D. of the Agreement, the Agency’s Assistant Executive Director extended the term of the Agreement for a period of sixty (60) days; and WHEREAS, on September 6, 2005, the Agency Board approved (i) an extension of the term of the Agreement for an additional nine (9) months from the original expiration date of the Agreement, (ii) a revised Schedule of Performance to be attached to the Agreement, and (iii) the removal of Site C from the Agreement; and WHEREAS, on October 17, 2005, the Agency Board approved the removal of Site D from the Agreement; and WHEREAS, on January 18, 2006, the Agency and Developer executed a First Amendment to Exclusive Negotiation Agreement (the “First Amendment”) which extended the term of the Agreement and memorialized the removal of Site C and Site D from the Agreement; and WHEREAS, on December 19, 2006, the Agency and Developer executed a Second Amendment to Exclusive Negotiation Agreement (the “Second Amendment”) which (i) extended the term of the Agreement, (ii) revised the Schedule of Performance, and (iii) removed Site A from the Agreement; and WHEREAS, the Agreement, as amended by the First Amendment and the Second Amendment, shall be referred to herein as the “ENA;” and WHEREAS, the ENA has automatically terminated pursuant to its terms; and WHEREAS, in connection with the termination of the ENA, the Agency desires to purchase, and Developer desires to sell, certain documentation prepared in connection with the ENA; and WHEREAS, on April 16, 2007, the Agency Board approved this Termination and Release. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the Agency and Developer mutually agree as follows: Accuracy of Recitals; Defined Terms. The Parties acknowledge the accuracy of the foregoing Recitals, which are incorporated herein by this reference. Capitalized terms not defined herein shall have the meanings ascribed to them in the ENA. Termination. The Parties agree and acknowledge the ENA has automatically terminated pursuant to its terms, and therefore is of no further force and effect. Purchase of Plans and Specifications. In connection with the ENA, both Developer and Agency ordered various appraisals, plans, studies, specifications, surveys, and other documentation for use in the development of the project proposed for Sites A and B. A number of those documents continue to have value to the Agency and/or a future developer of Sites A and B, and the Agency desires to purchase from Developer (or reimburse Developer for, as applicable) certain documentation. Developer hereby sells (or conveys, as applicable), and the Agency hereby purchases (or reimburses, as applicable), any and all of Developer’s rights, title and interest in and to the appraisals, plans, studies, specifications, surveys, and other documentation listed on Exhibit “A” hereto (collectively, the “Plans and Specifications”) for the purchase price of Fifty Thousand Six Hundred Sixteen Dollars ($50,616) (the “Purchase Price”). The Purchase Price shall be delivered to Developer within thirty (30) days of the execution of this Termination and Release. To the extent such Plans and Specifications are in the possession of Developer, Developer shall deliver possession of and any copies of the Plans and Specifications to the Agency concurrently with the payment of the Purchase Price. Developer may retain a copy of any or all of the Plans and Specifications for its records. Agency understands and agrees that the Plans and Specifications may be subject to copyright or other restrictions on use imposed by the authors of the Plans and Specifications, and that Developer makes no warranties as to the content, usability or accuracy of the Plans and Specifications. Architectural Plans and Traffic Study. Until such date as is five (5) years from the Effective Date, Developer agrees that, upon the request of the Agency, Developer will sell to the Agency or any party designated by the Agency, any and all rights it possesses to (i) some or all of the architectural plans and/or drawings prepared for the project proposed for Sites A and/or B (collectively, the “Architectural Plans”), and/or (ii) the traffic study for the project previously proposed for Sites A and B (the “Traffic Study”). Developer agrees to sell the Architectural Plans and/or Traffic Study for a price equal to its costs to prepare such documents. Developer further agrees to provide reasonable documentation of its costs (such as architect or consultant bills or invoices) at the time it is requested to convey the Architectural Plans and/or the Traffic Study. Third-Party Consent. Developer represents and warrants that it has paid for the Plans and Specifications, Architectural Plans and Traffic Study ordered by it in full and that no amounts remain due in connection therewith to any consultant or other party who prepared such documents for Developer. Developer hereby indemnifies and holds harmless Agency from and against any and all claims that Developer has not paid in full for any Plans and Specifications, Architectural Plans or Traffic Study(ies) ordered by it. Developer agrees to obtain written consent from each third party consultant who prepared the Plans and Specifications, Architectural Plans and/or Traffic Study for any conveyance effected pursuant to this Termination and Release. Each consent shall be in a form reasonably acceptable to the Agency’s legal counsel, and shall grant (or acknowledge, as appropriate) to the Agency the use of the applicable document(s) by the Agency and any designee of the Agency in connection with the redevelopment of the Project Area. Such consents shall be provided by Developer prior to, or concurrently with, the conveyance of the documents by Developer to the Agency or its designee. Release. Developer hereby forever releases and discharges the Agency and the City of Culver City (“City”), and their respective successors, representatives, agents, officers and employees, and the Agency hereby forever releases and discharges Developer and its respective successors, representatives, agents, officers and employees, and Developer and Agency each forever waives any claim against the foregoing parties, from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character and description, known or unknown, which Developer or Agency now owns or holds, or has at any time heretofore owned or held, or may at any time own or hold, by reason of any matter, cause or thing whatsoever occurred, done, omitted or suffered to be done in connection with the ENA and/or the termination thereof, except that the foregoing release and waiver shall not apply to any claims which may arise under Sections 3, 4 or 5 of this Termination and Release. a. Awareness of Civil Code Section 1542. Developer and Agency expressly acknowledge that each is familiar with and has read the provisions of California Civil Code Section 1542, that reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of the executed release, which if know by him must have materially affected his settlement with the debtor.” b. Waiver of Civil Code Section 1542. It is expressly stated by Developer and Agency, that each intends, by executing this Termination and Release, to fully and forever release any and all claims against the Agency and the City and their respective successors, representatives, agents, officers and employees, or against the Developer and its respective successors, representatives, agents, officers and employees, respectively; including not only those claims presently known to or suspected by them, but those claims that are unknown to and unsuspected by them, including claims that have not and may not have arisen as of the execution of this Termination and Release. Developer and Agency further expressly acknowledge that each has been fully advised of the purpose and effect of Civil Code Section 1542 by counsel, and of the effects and consequences of the waiver of the same. Having been so advised, and with full knowledge and understanding of the consequences, Developer expressly waives and relinquishes all rights and benefits afforded it by Civil Code Section 1542. BY SIGNING THIS TERMINATION AND RELEASE, DEVELOPER AND AGENCY HEREBY WAIVE THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. OLSON URBAN HOUSING, LLC a Delaware limited liability company Dated: _________ By: Its: Dated: _________ By: Its: CULVER CITY REDEVELOPMENT AGENCY Dated: By: Jerry Fulwood, Executive Director c. General. Developer and Agency have carefully read the contents of this Release and have executed this Termination and Release with full knowledge and upon independent advice from counsel. Developer and Agency have freely signed this Termination and Release without relying on any agreement, promise, statement or representation by or on behalf of the Agency, the City, Developer or their respective officers, employees, agents or representatives. The provisions of this Termination and Release shall be binding upon Developer and Agency and their respective successors and assigns and shall be governed by the laws of the State of California. Captions. The captions appearing in this Termination and Release are for convenience only and are not a part of this Termination and Release and do not in any way limit, amplify, define, construe, or describe the scope or intent of the terms or provisions of this Termination and Release. Counterparts. This Termination and Release may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute but one and the same document. Effective Date. The effective date of this Termination and Release is the date it is signed on behalf of both the Agency and Developer. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Agency and Developer have executed this Termination and Release as of the dates set forth below: CULVER CITY REDEVELOPMENT AGENCY Dated: By: Jerry Fulwood, Executive Director APPROVED AS TO FORM: By: Agency Counsel OLSON URBAN HOUSING, LLC a Delaware limited liability company Dated: By: Its: Dated: By: Its: Exhibit “A” Plans and Specifications Item Purchase Price Comments Initial and Updated Appraisals for Sites A and B $11,838 The Agency is in possession of these documents.* Acoustic Study $850 Olson will need to turn this document over to the Agency with the required Third Party Consent outlined in Section 5 of this Agreement. Environmental Investigation Reports $15,560 Though the Agency is in possession of some of the reports, others initiated by Olson will need to be provided to the Agency along with the Third Party Consent outlined in Section 5 of this Agreement Soil Boring Studies $11,368 Olson will need to turn this document over to the Agency with the required Third Party Consent outlined in Section 5 of this Agreement. ALTA Civil Geographical Survey $11,000 Olson will need to turn this document over to the Agency with the required Third Party Consent outlined in Section 5 of this Agreement. Total $50,616 *Purchase Price represents reimbursement to Developer of Developer deposits paid to Agency pursuant to the ENA and used by Agency to order and obtain the document. . NOTIFICATION OF IMPORTANT AGENDA ITEM AT A FUTURE MEETING The Redevelopment Agency will consider the following agenda item at their meeting of: Date: Monday - April 16, 2007 Time: 7:00 PM “With respect to the Washington Boulevard at Centinela Avenue Redevelopment: (A) Acknowledgment of the Termination of the Exclusive Negotiation Agreement with Olson Urban Housing LLC and Consideration of the Purchase of Certain Documents in Connection Therewith, (B) Acknowledgment of the Failure of SJ Woo LLC/PCKW LLC to Sign an Exclusive Negotiation Agreement, and (C) Approve the Issuance of a Request for Proposal for the Redevelopment.” For more information contact: Joe Susca Redevelopment Project Manager 310-253-5763 Location: City Hall Mike Balkman Council Chambers 9770 Culver Boulevard Culver City, CA 90232 City Council/Agency meetings can be viewed live on Channel 35 by most Time-Warner subscribers. Visit the Culver City Website at www.culvercity.org or send your questions or comments to the City at city.manager@culvercity.org. To view the Council meetings on line please visit www.culvercity.org/webcast. The staff report and attachments for this item may be viewed by visiting www.culvercity.org/agendas. To add your name to the City’s email list to receive agenda reports and news of City issues, please call (310) 253- 6000 or complete an online request at www.culvercity.org/citygov/public_not ification.html. CULVER CITY REDEVELOPMENT AGENCY PO BOX 507 9770 CULVER BOULEVARD CULVER CITY CA 90232-0507 NOTIFICATION OF IMPORTANT REDEVELOPMENT AGENCY AGENDA ITEM: Termination of Olson’s Exclusive Negotiation Agreement and Issuance of Request for Proposal for the Washington Blvd. at Centinela Ave. Redevelopment REQUEST FOR PROPOSAL April 17, 2007 Redevelopment Opportunity: Northwest and Northeast Corner of Washington Boulevard and Centinela Avenue Submittal Deadline: 5:00 p.m., May 28, 2007 SITE A SITE B NOTE: Aerial photo above does not reflect recent demolition activities Washington Centinela RFP Page 1 PURPOSE The Culver City Redevelopment Agency (“Agency”) is seeking proposals from a select group of qualified experienced developers for redevelopment of the two northern corners of the Washington Boulevard and Centinela Avenue intersection (the “Opportunity Sites”). The Agency has cleared most of the two sites and is now soliciting interest for two high quality, in-fill, mixed-use or commercial development projects in the City of Culver City which are the subject of this Request for Proposal (“RFP”). Preferred developments include pedestrian-oriented, neighborhood serving retail and restaurant uses. Residential and office uses are seen as complementary secondary uses and should be proposed as a mixed-use concept in accordance with the City’s Mixed-Use Development Standards. CULVER CITY The City of Culver City is a charter city incorporated in 1917, with a population of approximately 40,500 within five square miles. Culver City is located eight miles west of Downtown Los Angeles and six miles north of Los Angeles International Airport. It is also strategically located near the intersection of the Santa Monica (I-10), San Diego (I-405) Freeways, and the eastern terminus of the Marina Freeway (SR-90). The Culver City Redevelopment Agency was formed in 1971 and the Culver City Redevelopment Project encompasses an area covering over forty percent of the City’s land area and includes most of the City’s commercial and industrial areas. Washington - Centinela Opportunity Sites Washington Centinela RFP Page 2 Culver City is an ideal location for residential and/or commercial development due to the quality and stability of its neighborhoods, its sound economic base, the quality of the Culver City Unified School District, and the locally operated first class Culver City Police and Fire Departments. SCOPE OF DEVELOPMENT The Agency is seeking proposals for two high quality, in-fill development projects as described below. The Agency encourages creative proposals that best suit the sites and the market potential of the area that support Agency and City economic development goals of providing significant employment and revenues to the City and strengthening the City’s economic base. The overall objectives of the RFP are: • To select a developer or development team that is qualified, experienced, and has the financial ability to develop a high quality project. • To attract pedestrian-oriented, regional or neighborhood-serving retail and restaurant uses. Preferred uses include a specialty food market, boutiques, cafes, restaurants, and other retail stores. • To create a high quality and creative architectural design that serves as an appropriate landmark for the west end of Culver City. • To obtain the highest value for the land. OPPORTUNITY SITES The Washington – Centinela Opportunity Sites are located at the northern corners of a major gateway location where two key arterials, Washington Boulevard and Centinela Avenue, intersect. The sites are generally surrounded by a mixture of commercial, residential, and offices uses and are located within 1½ miles of Marina del Rey and the Venice area and are within two miles of the master planned Playa Vista development in the City of Los Angeles. Washington Boulevard is a four-lane primary artery that runs east-west from the City’s eastern limits through Downtown Culver City to the Marina del Rey area. For most of its segment west of the San Diego Freeway, Washington Boulevard carries on average about 30,000 vehicles per day. Centinela Avenue is a four-lane, north-south primary artery which has two segments within the Culver City boundaries. The segment of Centinela Avenue between Washington Place and Washington Boulevard carries on average about 35,000 vehicles per day. Site A Site A of the proposed redevelopment is just over one acre in size, and currently encompasses the former U.S. Liquor building (12403-12427 Washington Boulevard), 4061 Centinela Avenue, and 4064 Colonial Avenue. A portion of the Site’s structures were demolished by the Agency in November 2006. The site is currently zoned Commercial General (CG), Residential Medium Density Multiple (RMD), and Residential Single Family (R1). The applicable General Plan and Redevelopment Plan designations are General Corridor, Medium Density Multiple Family, and Low Density Single Family. Washington Centinela RFP Page 3 Site B Site B is approximately 28,000 square feet in area and is located at the northeast corner of Washington Boulevard and Centinela Avenue. The site is currently zoned Commercial General (CG) and is designated General Corridor in the City’s General Plan and the Redevelopment Plan. Sites A and B are depicted in the map below. For a more detailed description of each parcel, refer to Attachment 1. Note: The size of each site is an estimate, as a survey has not been undertaken. 12403-12423 Washington Blvd. (U.S. Liquor Site) 4064 Colonial Ave. (House) 12337-43 Washington Blvd. (Shell Station and Michel’s Flower) Shop) 12331-33 Washington Blvd. (Commercial Building) 4061 Centinela Ave. (Marisco’s) SITE A SITE B (Demolished) (Demolished)Washington Centinela RFP Page 4 DEVELOPMENT AND DESIGN CONSIDERATIONS Development Issues The proposer should be aware of the following issues about the sites: • Zone Change and General Plan Amendment - There are three zoning and land use designations on Site A. In order to redevelop the entire site in accordance with the Mixed Use Development Standards, a zone change and general plan amendment will be necessary. • Acquisition of the Site - The Agency does not own all of the parcels comprising Site A at this time. o Former US Liquor Site Condemnation (12403-12423 Washington Blvd.) The Agency was granted an Order for Prejudgment Possession. Though the condemnation case is scheduled to conclude in August 2007, the Agency is confident it will be able to secure title insurance and subsequently close escrow on the properties sale. o 4063 Centinela Avenue house – Not a part of the site. o 12331-33 Washington Boulevard - This parcel was recently inherited by the California Community Foundation, which anticipates obtaining title to the property in May 2007; and upon receipt intends to subsequently sell the property. The Agency is negotiating an Option to Purchase Agreement which shall be executed in June 2007. It is the intention to enter into a tri-party escrow account in which the Agency-owned parcels and the California Community Foundation owned parcel will simultaneously be transferred to the selected developer. • Right-hand turn lane dedication. In the prior proposed redevelopment, a number of square feet were dedicated from Site A to create a right-hand turn lane for southbound Centinela Avenue vehicles turning right onto Washington Boulevard. A similar dedication of Site A property may be required by the Planning Commission to secure entitlement. • Groundwater Contamination - Shell Gasoline Station (12343 Washington Blvd.) The former Shell Gasoline Station has groundwater contamination which is currently being remediated under the provisions contained within the Polanco Redevelopment Act. The Agency and Shell have entered into an agreement whereby Shell is performing the groundwater contamination remediation cleanup, which is anticipated to conclude within 9-12 months. In the agreement, Shell has agreed to relocate their equipment in preparation of the site’s redevelopment at their expense. • Reconfiguration of the Alleyways - Both Site A and B’s alleyways will require reconfiguration. In both instances, the City’s Fire Marshall requires that they continue to terminate at the street and cannot be dead-ended. The exact reconfiguration of the alleyways will be determined in the context of the project design. • Demolitions of Improvements - Most of the parcels that comprise the sites are owned by the Agency and have already been demolished, graded and are now ready for development. The Agency has demolished all but two structures on Site A (the 4064 Colonial {House} and 4061 Centinela Avenue {Marisco’s Restaurant}), which will be demolished at Agency expense prior to the closing of escrow with a developer. The Agency has concluded demolition of the Site Washington Centinela RFP Page 5 B properties it owns. The responsibility for demolition of the optional 12331-33 Washington Boulevard parcel will be that of the developer. • Relocation of Tenants: The Agency has (or will) relocate all tenants comprising the two sites at their expense with exception to the optional 12331- 33 Washington Boulevard parcel. The cost associated with relocating the 12331-33 Washington Boulevard tenants will be that of the selected developer. • Relocation of Utilities - The Agency will not pay for any relocation, including placement underground of utilities at either site or perform other activities as may be required to prepare and subsequently redevelop the sites. Land Use Considerations • Commercial/Retail – A mixture of uses and business types is desired. Preferred uses include a specialty food market, boutiques, cafes, restaurants, and pedestrian-oriented, neighborhood-serving retail/commercial uses. Uses which will not be considered include restaurants with drive-through services, adult uses, vehicle repair and service, and convenience stores. • Housing – For proposals that include a housing component, the Agency may desire that a portion of the units be covenanted as units affordable to low-to- moderate income occupants. If your project includes housing, please provide an adjustment factor (if any) on a per unit basis to your purchase price for the land. • Office – For proposals that include an office component, the Agency is open to either for-lease or for-sale uses. Design Considerations Due to the highly visible location of the sites at a major intersection, urban design is very important. Competitive proposals will respond to the following specific issues: • The project should sensitive to the adjacent neighborhood in regards to massing, noise, traffic, shade, glare and parking. • The frontage along both arterials should become an active pedestrian environment. • The project should include massing elements to frame and provide visual excitement and be a landmark for the City. Zoning Issues The City has adopted Live/Work and Mixed Use Development Standards (Attachment No. 2) that may be applied to the sites. • Designation -- There are three zoning designations on Site A: Commercial General (CG), Residential Medium Density Multiple (RMD), and Residential Single Family (R1). Zoning Map and General Plan Map Amendments will be required to develop a project on the entire site. • Building Height – The maximum building height of 56 feet is permitted on properties zoned CG. The maximum building height of two stories and 30 feet is permitted for properties zoned RMD. Building height shall be dimensioned to the roof and additional height data shall be provided for parapets, mechanical equipment and rooftop architectural features. Washington Centinela RFP Page 6 • Building Setbacks – Zero setbacks are required on Washington Boulevard and on Centinela Avenue. Building massing shall comply with the rear yard setback plus a 60 degree clear-zone angle. • Parking –The commercial/retail/office floor area will generally be required to provide one (1) parking space for each 350 square feet of gross floor area. Certain specific uses have different parking requirements. Depending on the size of a restaurant or the number of bedrooms proposed for each dwelling unit, the parking requirements will vary. REDEVELOPMENT DOCUMENTS AVAILABLE The following documents have been created for the two sites and are available for purchase and use by the new developer: • Appraisals • Acoustic Study • Environmental Investigation Reports • Soil Boring Studies • ALTA Civil Geographical Survey • Traffic Study DEMOGRAPHICS Refer to Attachment No. 3 for detailed demographic information. AGENCY PARTICIPATION Most of the parcels comprising the sites are owned by the Agency. It is the expectation of the Agency that the developer will purchase the site from the Agency and in the case of the 12331-33 Washington Boulevard parcel; directly from the California Community Foundation. Developers will be required to have readily available financing for their project. The close of escrow is contingent upon, but not limited to, execution of a Purchase and Sale Agreement or Disposition and Development Agreement, and evidence of financing. ENTITLEMENT PROCESS The Agency encourages the Proposer to submit a creative and economically viable development proposal for the site. The Agency will work with City staff and the selected developer to expedite the entitlement process. To aid them in its refinement, the selected developer will be required to conduct at least one community meeting to present their plans to the neighborhood. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) New development on these sites shall be subject to specific environmental review as part of the applicable City and Agency review procedures. The Culver City Redevelopment Plan Amendment and Merger Certified Final Program Subsequent Environmental Impact Report (EIR) dated November 18, 1998, have been completed in compliance with CEQA, and that document may be utilized in connection with the environmental review of the proposed development of the sites. Washington Centinela RFP Page 7 SUBMITTAL REQUIREMENTS (See Proposal Submittal Checklist in Attachment No. 7) Please submit six copies, one copy of which must be single-sided and unbound, of the following information in appropriate detail on each of the items described below to allow adequate review and evaluation of your proposal. In addition, please submit one electronic copy either on CD or via e-mail. The following elements should be answered as completely as possible and in an outlined organizational order: 1) Cover Letter. Must be signed by a principal or officer authorized to represent and commit on behalf of the firm(s). 2) Identification of Developer and Associates. For each of the principal parties comprising the proposed Development Team, please provide: a. Name, address, telephone number and e-mail address of developer and project operator/manager (if appropriate). b. Identification and organization of developer (individual, company, corporation, partnership, joint venture, other). c. Identification of principals of development organization and project operator/manager (corporate officers, principal stockholders, general and limited partners) and manager to be responsible for the proposed project. d. Indication of any relationship the development organization may have with a parent corporation, subsidiaries, joint ventures or other entities. If a joint venture is proposed, percentage of ownership of each entity should be specified. Describe the financial, liability- related and other decision-making relationships. e. Identification of all key project team members including resumes of assigned personnel, describing relevant project experience as related to the subject proposal and specific required technical skills. 3) Development Team Qualifications. The developer’s ability to assemble and manage a development team and see a project through from concept to fruition in a timely manner is of particular interest. Strong weight in the evaluation process will be given to a developer that has the experience and proven track record in each of these areas. Keep each project description and pictures limited to two pages and provide: a. A list of similar development projects in which the developer and proposed associates have participated, describing their relationships to these projects (i.e. developed, owned, operated or managed) and a general description of the project including any unique challenges. Identify the location, total project costs, land uses, length of time to complete and actual completion date. If projects include retail uses, please provide a list of anticipated tenants and projected level of pre-lease/sales at opening. Projects within enterprise/empowerment zones, and those requiring extensive site acquisition and relocation, should be included in your package. Identify which of the listed Washington Centinela RFP Page 8 similar projects have been successfully completed, and which have been completed over and under budget. b. Descriptions and illustrations of the proposed architect’s work on development projects that have been built or are under construction. These projects should be of a similar magnitude to the proposed development of the site. If possible, include photographs of these projects. c. For each project or relevant experience, a name and phone number of a contact person familiar with this project who can act as a reference. 4) Developer Questionnaire and Financing Capacity. Please include all requested information found in the Developer Questionnaire (Attachment No. 4). Indicate how the Development Team proposes to finance the project by providing a description of how the Developer(s) financed projects of similar type and scope, including total project costs, sources and uses for similar projects. 5) Development Program. Provide: a. A general overview of the type of development(s) that the Team considers appropriate for the Sites. i. NOTE: A highly regarded live stage theatre company has expressed an interest in locating a second space (approximately 2,000 to 2,500 square feet) in the project area. The Agency believes that such a use could create positive economic synergies and foster the achievement of broader Agency goals. Developers whose proposals include incorporation of the theatre at a lease rate of approximately $3,000 per month would have an advantage over other proposals that do not include a theatre. b. If the proposed development includes retail, indicate which retailers have been identified for the site, and the Development Team’s working relationship and/or ability to secure a lease with that retailer. c. If the proposed development includes housing, indicate what type of housing, i.e. live/work, multifamily rental, for sale, etc., the proposed density and whether the housing is proposed as market or affordable. d. A site plan that includes all four sides’ elevations, all levels, and a parking plan. (See Attachment No. 6 for Guidelines) e. Graphic images to convey the vision for the project, preferably relating to projects completed by the Development Team. f. Describe how the proposal addresses and maximizes fulfillment of the Agency’s stated project goals and objectives 6) Work Load. Provide a list of the firm’s current and anticipated major projects to December 2009 and include an acknowledgement by the developer that regardless of their work load they understand that time is of Washington Centinela RFP Page 9 the essence and remain committed to implementing their proposed project in a timely fashion. 7) Purchase Price. Please provide your best offer for purchase of the land, stated in total and per square foot dollar amounts. Please list your offer to purchase the 12331-33 Washington Boulevard parcel separately. Cash offers are preferred, where escrow closes without the requirement that the proposed redevelopment obtain Planning Commission entitlement first. Those with higher land price offers and the best terms for the Agency will be ranked more advantageously. 8) Financial Analysis. Provide a pro forma for the proposed project that includes: a. Costs: The development’s cost identifying at a minimum the direct construction costs; indirect costs; financing costs; and cost of sales. b. Revenues: i. For Sale Units: If your development has for-sale units, provide the projected sale prices for the units, the anticipated absorption period, and the profit threshold required to undertake the project. ii. Rental Units: If your development has for-rent units, provide income and operating cost projections for a minimum of ten years, and expected return on investment. c. Include a statement of basic assumptions affecting the economic feasibility of the project. Indicate anticipated amount of equity and financing that will be obtained to undertake the project. SELECTION CRITERIA A concise, professional and complete response to this RFP will help the Agency identify the most qualified development team and will be indicative of the level of the respondent’s commitment to the project. Each proposal submitted will be evaluated based upon its ability to achieve a high quality and cohesive development, the qualifications and experience of the developer/development team and the potential to satisfy the City’s and Agency’s economic and redevelopment goals, including the provision of new employment opportunities and generating significant revenues to the City and Agency (land sale proceeds, sales tax, business tax and tax increment revenues). Additionally, proposals will be evaluated for their ability to maximize the value of the sites, compatibility with the neighborhood, for the quality of the proposed retail/commercial tenants. Prior experience with design, financing, construction, marketing similar housing, commercial, or mixed use (commercial/residential) projects will be critical elements in evaluating the proposals. Qualified development teams must have significant urban retail and mixed-use development experience. It is critical that the team be able to Washington Centinela RFP Page 10 demonstrate strong relationships with retailers or have a commercial broker on their team. Though it is preferred that a single developer be selected to develop both Sites in their entirety, the Agency may consider awarding a proposal that excludes the former Marisco’s Sea Food Restaurant located at 4061 Centinela Avenue. SCHEDULE AND PROCESS FOR DEVELOPER SELECTION • Interviews will be scheduled with the top candidates in June 2007. • Consideration of Selection Committee Recommendations by the Agency in July 2007. • The Agency may consider either entering into a Purchase and Sale Agreement or a Disposition and Development Agreement with the selected respondent(s). PROPOSAL DUE DATE Proposals must be received no later than 5:00 p.m., Monday, May 28, 2007 to: CULVER CITY REDEVELOPMENT AGENCY P.O. BOX 507 9770 Culver Boulevard Culver City, CA 90232-0507 ATTN: Joe Susca RIGHT TO REJECT The Agency intends to select a developer(s) that demonstrates the highest level of expertise, experience, and financial capabilities to successfully develop high quality development project. The Agency reserves the right to reject any and all proposals received or to re-issue another RFP in full when such action shall be considered in the best interest of the Agency. Nothing herein shall obligate or be deemed to obligate the Agency to accept the Statement of Qualifications/Proposals from any developer(s), or be obligated to select one or more developers for negotiations of a development agreement or to enter into any Purchase and Sale Agreement or Disposition and Development Agreement. The Agency is not required to accept any proposal. ADDITIONAL INFORMATION CONTACTS Joe Susca, Redevelopment Project Manager, at (310) 253-5763 by phone, or email at: joe.susca@culvercity.org or Kriss Casanova, Management Analyst, at (310) 253- 5769 by phone, or email at: kriss.casanova@culvercity.org. ATTACHMENTS: 1. Site Description. 2. Live/Work and Mixed Use Development Standards. 3. 1-mile, 3-mile, and 5-mile demographics. 4. Developer Questionnaire. 5. Los Angeles County Assessor Maps. 6. Site Plan Creation Guidelines 7. Proposal Submittal Checklist Washington Centinela RFP Page 11 ADDITIONAL INFORMATION ABOUT THE SITE Staff will conduct an optional Pre-Submittal Meeting and Site Tour: Wednesday, May 2, 2007, 10:00 AM, at the northwest corner of Washington Boulevard at Centinela Avenue in the rear alley that faces Colonial Avenue. Potential developers are invited to attend. Washington Centinela RFP Page 12 Washington – Centinela Opportunity Sites Address APN Agency- owned Square Feet Zoning General Plan Rdvlpt. Area A-1 12403 – 12423 Washington Blvd. 4231-002-044 thru 49 Y 33,660 CG- Commercial General RMD- Residential Medium Density Multiple General Corridor & Medium Density Multiple Family Y A-2 4064 Colonial 4231-002-060 4231-002-061 Y 9,272 R1 – Residential Single Family Low Density Single Family N A-4 4061 Centinela 4231-002-051 Y 5,001 RMD - Residential Medium Density Multiple Medium Density Multiple Family Y Address APN Agency- owned Square Feet Zoning General Plan Rdvlpt. Area B-1 12337-43 Washington Blvd. 4232-009-018 4232-009-002 Y 19,736 CG- Commercial General General Corridor Y B-2 12331-33 Washington Blvd. 4232-009-017 N 8,179 CG- Commercial General General Corridor Y CG- Commercial General RMD- Residential Medium Density Multiple R1 – Residential Single Family Attachment No. 1-A Washington Centinela RFP Page 13 SITE A – 12403 – 12423 WASHINGTON BLVD. AND 4061 CENTINELA AVE. PRIOR TO DEMOLITION SITE B – 12331 - 12343 WASHINGTON BLVD. PRIOR TO DEMOLITION 12331-33 12403-12411 12415 12417 12419 12421 12427 12337 12343 Attachment No. 1-B Washington Centinela RFP Page 14 § 17.400.060 LIVE/WORK DEVELOPMENT STANDARDS. A. Purpose. This Section provides location, development, and performance standards for live/work developments in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). B. Applicability. 1. The provisions in this Section shall regulate the conversion and new construction of live/work uses, where allowed by the applicable zoning districts. 2. Except as specifically provided in this Section, live/work projects shall be in compliance with the regulations of Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). 3. When live/work units are constructed as part of a mixed use development, the Mixed Use Development Standards shall supersede the regulations detailed in this Section. 4. Where an Owner-Participation Agreement, Disposition and Development Agreement, or Development Agreement with the City and/or Redevelopment Agency applies to a land parcel, and the provisions of such agreement differ from the Live/Work Development Standards, the provisions of the agreement shall prevail. C. Use Regulations. 1. Permitted uses/occupations. The following uses/occupations are permitted in live/work units: a. Accountant; b. Architect; c. Artist and artisan; d. Attorney; e. Computer software- and multimedia-related professional; f. Engineer; g. Fashion, graphic, interior and other designer; h. Insurance, real estate and travel agent; Attachment No. 2 Washington Centinela RFP Page 15 i. Photographer; j. Psychologist/psychiatrist; k. Other similar uses/occupations, as determined by the Director, may be permitted, provided that the allowed uses/occupations are permitted by the underlying zone. 2. Occupancy and Employees. a. At least one of the full-time employees of the live work unit must be a full- time resident of the live/work unit and shall possess a valid Business Tax Certificate. b. Only one residential area per unit shall be allowed. c. The residential area shall not be rented separately from the working space. d. No more than one employee, other than the resident(s) of the unit, shall be permitted on site at any given time in units that are less than or equal to 1,499 square feet. e. No more than 2 employees, other than the resident(s) of the unit, shall be permitted on site at any given time in units that are greater than or equal to 1,500 square feet. 3. Business activity. None of the uses permitted shall be operated in an objectionable manner, due to fumes, odor, dust, smoke, gas, noise or vibrations that are or may be detrimental to properties and occupants in the neighborhood, and/or to any other uses and occupants on the same property. 4. Special and/or temporary events. Special and/or temporary events in live/work units shall be required to follow the permit process for special and/or temporary events contained in Chapter 17.520 (Temporary Use and Special Event Permits). 5. Covenant. A City-approved covenant shall be executed by the owner of each live/work unit, and shall include statements that the occupant(s) understand(s) and accept(s) he/she is living in a live/work unit and must operate a business from said unit. The covenant shall also set forth the required use conditions as described in this Section. a. The residential component shall be contiguous with, and integral to, the working space, with direct access between the two areas, and not as a separate stand- alone dwelling unit. b. Only one residential component per unit shall be allowed. The residential component space and the business component space shall only be used as one contiguous habitable space and, if rented, shall only be rented together as one tenant space. Washington Centinela RFP Page 16 c. Any lease between the owner and a tenant, or between a tenant and a subtenant, shall refer to the fact that the unit is subject to the above-referenced covenant. d. A resident in any live/work unit shall operate a business from the unit, and shall possess a Culver City Business Tax Certificate in good standing for business activities conducted within the unit. D. Development Standards. 1. Unit size and dimension. The minimum square footage of a live/work unit shall be 700 square feet. 2. Floor plans. A live/work unit may include a single level floor plan or a multiple-level floor plan. See Figures 4-2 and 4-3 on the next page. Washington Centinela RFP Page 17 3. Building setbacks. Same as those required by the underlying zone. 4. Building heights. Same as those required by the underlying zone. 5. Parking standards. Live/work developments shall comply with all requirements contained in Chapter 17.320 (Off-Street Parking and Loading). 6. Density. The density of a live/work project shall not exceed 35 units per acre or 1 unit per 1,245 square feet of lot area (43,560 square feet divided by 35 units equals 1,245 square feet). 7. Open space. a. Each unit shall have a minimum of 50 square feet of common and/or private open space. b. Common open space areas shall have a minimum dimension of 15 feet, which may include a combination of open space and adjacent setback area. c. Private open space areas shall be at least 30 square feet and 5 feet in any direction, to the extent feasible. Washington Centinela RFP Page 18 d. Private and common open space requirements may be satisfied by a selection or combination of the following: atriums, balconies, courtyards, decks, gardens, gyms/exercise rooms, patios, playgrounds/tot lots, rooftop decks, patios and gardens, and swimming pools. The Director may approve similar amenities not listed above. 8. Signage. Signage for live/work units shall be limited to the following. a. Window signs. 1) One window sign with a maximum dimension of 1 foot by 2 feet shall be permitted. 2) No sign permit shall be required for the one permitted window sign. 3) A glass door sign shall be considered a window sign. 4) Window signs shall be limited to individual letters and logos placed on the surface of the window or glass door. 5) No window sign on the outside of the window shall extend onto or over the perimeter window frames, mullions or building facade divisions of the window on which it is displayed. b. Projecting/hanging signs. 1) One projecting/hanging sign with a maximum dimension of 1 foot by 2 feet shall be permitted. 2) A sign permit shall be required for the one permitted projecting/hanging sign. 3) Projecting/hanging signs shall be displayed perpendicular to the wall to which it is affixed. 4) The maximum distance between the wall and the outer edge of the sign shall be 3 feet, or if a paved sidewalk is below, 50% of the width of the sidewalk, whichever is less. 5) The minimum vertical clearance from the bottom of the sign to grade or to the sidewalk below, if applicable, shall be 8 feet, unless a greater clearance is required by the Building Official. 6) The maximum height of the sign shall be 15 feet above grade or from the sidewalk below, if applicable. F. Performance Standards. Washington Centinela RFP Page 19 1. Light and ventilation. Adequate light and ventilation shall be provided for, and meet the California Building Code regulations in effect at the time of conversion or construction, as determined by the Building Official. 2. Sound transmission. Common walls and ceilings of live/work units shall be constructed or upgraded, using techniques to limit sound transmission as specified for residential uses by the California Building Code for new construction or equivalent in effect at the time of conversion or construction, as determined by the Building Official. 3. Minimum facilities. Each live/work unit shall have adequate kitchen facilities (sink, stove, and refrigerator hook-ups) and bathroom facilities (shower or bathtub, sink, and toilet). 4. Fire suppression and fire ratings for occupancy separations. a. Permanently wired smoke detectors shall be installed, as required per the California Building Code or equivalent in effect at the time of conversion or construction. b. Additional fire suppression equipment (e.g., alarm systems, sprinklers, extinguishers) shall also be provided, as required by the Building Official and the Culver City Fire Department. c. There shall be a 2-hour occupancy separation between units. 5. Hazardous materials. a. Flammable liquids, welding, open flame work or similar hazardous operations shall not be permitted in live/work units without specific written approval by the Culver City Fire Department. b. Storage of hazardous materials necessary for work activities in live/work spaces may be stored in control areas per the California Building and Fire Codes or equivalent in effect at the time of conversion or construction, as determined by the Building Official and the Culver City Fire Department. c. Exterior signage announcing said materials shall be installed and maintained per the California Building and Fire Codes or equivalent in effect at the time of conversion or construction, as determined by the Building Official and the Culver City Fire Department. d. The control areas shall be approved as to construction and location by the Culver City Fire Department. (Ord. No. 2005-007 § 1 (part); Ord. No. 2005-008 § 2 (part)) Washington Centinela RFP Page 20 § 17.400.065 MIXED USE DEVELOPMENT STANDARDS. A. Purpose. This Section provides location, development, and performance standards for mixed use developments in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). B. Applicability. 1. The provisions in this Section shall regulate the conversion of existing buildings to include mixed uses, as defined herein, and/or new construction of mixed use projects, where allowed by the applicable zoning districts. 2. The Mixed Use Development Standards supersede the Commercial Zero Setback Overlay (-CZ), where applicable. 3. The Mixed Use Development Standards do not supersede the provisions of the Commercial Downtown District (CD) or the East Washington Boulevard Overlay (-EW). 4. Except as specifically provided in this Section, mixed use projects shall be in compliance with the regulations of Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). 5. Where an Owner-Participation Agreement, Disposition and Development Agreement, and/or Development Agreement with the City and/or Redevelopment Agency applies to a land parcel, and the provisions of such agreement differ from the Mixed Use Development Standards, the provisions of the agreement shall prevail. C. Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Architectural Feature. Soffit, column, wing wall, canopy, roof eave, balcony, bell tower, spires, clock tower, cupolas, turrets and any other similar element that does not create an interior floor space. Arterial Street. Includes primary and secondary arterial streets. Primary arterial streets are major cross-town thoroughfares. Secondary arterial streets connect primary arterial streets to smaller streets and residential neighborhoods. Primary and secondary arterial streets are defined in the General Plan Circulation Element. Blank Wall. Any wall that is not enhanced by architectural detailing, artwork, landscaping, windows, doors, or similar features. Solid and mechanical doors, and glass with less than 80% transparency, are considered blank wall areas. Washington Centinela RFP Page 21 Ornamental Feature. A statue, fountain, sculpture or any other similar freestanding decorative element that does not provide shelter, is not a sign, and serves an aesthetic purpose. Street Wall. The wall of a building facing the street at or near the property line. The street wall may include arcades, colonnades, recessed pedestrian entrances, decorative stairs, public art and other features deemed pedestrian-oriented. D. Use Regulations. 1. Uses permitted. All uses permitted in the underlying zone are permitted in mixed use developments. 2. Residential uses. Residential uses other than live/work units are prohibited on the ground floor adjacent to arterial streets. Residential entrances and lobbies are permitted on the ground floor adjacent to arterial streets. 3. Commercial uses. Commercial uses are required on the ground floor adjacent to arterial streets and at all corners adjacent to arterial streets. 4. Covenant. A City-approved covenant shall be executed by the owner of each residential unit within a mixed use development, and shall include statements that the occupant(s) understand(s) and accept(s) he/she is living in a mixed use development, and that commercial activities are permitted pursuant to the regulations of the CCMC. 5. Feasibility study. At the Director's discretion, an economic feasibility study evaluating the viability of the proposed commercial uses within the mixed use development may be required. E. General Development Standards. 1. Minimum lot size and dimensions. a. All lots less than 10,000 square feet shall have a minimum width of 50 feet, with alley access or access from a non-primary arterial street. b. Lots 10,000 square feet or larger shall have a minimum width of 100 feet. c. Mixed use projects located on parcels that are less than 5,000 square feet shall not be permitted, unless combined with one or more abutting lots to create a total site development area that is at least 5,000 square feet, subject to the above access requirements. 2. Building height. The height of structures shall not exceed the standard established by the applicable zoning district in Article 2 (Zoning Districts, Allowable Washington Centinela RFP Page 22 Land Uses and Zone-Specific Standards), unless a modification is granted pursuant to Subsection 17.300.025.C. (Exceptions to Height Limits). 3. Density. Residential density shall not exceed 65 dwelling units per acre or 1 unit per 670 square feet of lot area (43,560 square feet divided by 65 units equals 670 square feet). 4. Building setbacks. Building setbacks are provided in Table 4-2 (Building Setbacks). Table 4-2 Building Setbacks Washington Centinela RFP Page 23 Setbacks (1) Street Wall Side and Rear Adjacent to Residential Zone Rear and Side Adjacent to Non- residential Zone Adjacent to an Alley Underground None required. Less than or equal to 15 feet The street wall shall have a zero setback, but may be setback up to 5 feet from the property line, if the setback area is enhanced with high quality paving material, landscaping or other similar features. See Figure 4-4 (Section of Street Wall Setback). A 10-foot setback is required. Adequate screening and landscaping shall be provided. No setback is required. 2 feet (2) Building Height Greater than 15 feet The upper level may be setback greater than the street wall, or up to the property line. A 60-degree, clear- zone angle must be maintained, measured from 15 feet above the existing grade, and from 10 feet from the rear property line. See Figure 4-5 (Section of Rear Setback). No setback is required. 2 feet (2) Washington Centinela RFP Page 24 Notes: (1) Screening, landscaping or greater setback than prescribed herein, may be required where necessary to comply with visual clearance requirements for driveways, and where the reviewing authority under a site plan review may condition the use necessary to protect the public interest due to lot, site plan or building configuration and operations. (2) The width of an alley may be credited toward the setback requirement for properties adjacent to residential zones. Washington Centinela RFP Page 25 F. Site Planning and Design Standards. 1. Building bulk. Projects shall be designed to achieve interesting, graceful and articulated buildings by the use of varied rooflines and vertical attachments; clearly defining the base, middle and top of each building and other architectural features. See Figure 4-6 (Building Elevation Composition). 2. Building tops. The top of the building shall be visually terminated through the use of cornices, parapets, domes, towers, or other forms or features. 3. Street wall requirements. a. The street wall shall be architecturally modulated to create visual interest, and shall include architectural features and pedestrian amenities, such as recessed entries, arcades, colonnades, stairs, art and other architectural features deemed pedestrian- oriented by the Director, subject to the following. 1) Passageways in arcades and colonnades are, at minimum, 5 feet wide. See Figure 4-7 (Section of Street Wall). Washington Centinela RFP Page 26 2) Architectural and ornamental features do not impede pedestrian routes. 3) Stairs are decorative and attractive. b. Street wall facade requirements shall apply to the portion of the street wall that is within 15 vertical feet above the sidewalk parallel to arterial streets. c. The street wall is required along 100% of the total linear property line parallel to arterial streets. d. No blank wall area is permitted in the street wall area. e. On corner lots, where one of the adjacent streets is a non-arterial street, the street wall requirements shall apply to the first 25% of the building depth immediately adjacent to the non-arterial street. See Figure 4-8 (Corner Building Street Wall Requirement). f. Major entrances and corners of buildings shall be articulated within the street wall facade. Washington Centinela RFP Page 27 Washington Centinela RFP Page 28 4. Blank wall. a. Blank wall area is not permitted in the street wall area. b. Blank wall area shall be minimized on all building elevations. c. The maximum width of any continuous blank wall shall be no more than 15 feet. 5. Three hundred sixty-degree architecture. a. Similar architectural and design features shall be incorporated on all sides of the building. b. Building elevations clearly visible from adjoining residential areas should not negatively impact the character and atmosphere of the adjacent residential areas. Design elements, materials, colors, surfaces and finishes that complement the residential areas shall be used as deemed appropriate by the Director. 6. Building entrances. Washington Centinela RFP Page 29 a. Pedestrian entrances shall be provided for all ground floor uses adjacent to arterial streets. Pedestrian entrances are not required on non-arterial streets. See Figure 4-9 (Plan of Pedestrian Entrances). b. Pedestrian entrances shall be directly accessible from the public right-of- way, and shall have direct access from the sidewalk grade. c. Commercial uses and residential uses shall have separate exterior entrances, elevators, and lobbies. The Director may waive this requirement, based on site constraints. 7. Signage and lighting. Signs must be developed pursuant to Chapter 17.330 (Signs). Exterior lighting shall comply with the requirements of § 17.300.040 (Outdoor Lighting). 8. Parking and vehicular access. a. Street level parking facilities and lots shall be screened from view from the adjoining arterial street(s) by ornamental walls or fences, at least 4 feet high above street grade. Washington Centinela RFP Page 30 b. Two-way vehicular ingress/egress areas on arterial streets shall only be permitted on development sites with a minimum of 100 feet of street frontage on the street where the vehicular ingress/egress area is located. The Director may waive this requirement, based on site constraints. c. One-way vehicular ingress/egress areas on arterial streets shall only be permitted on development sites with a minimum of 75 feet of street frontage on the street where the ingress/egress area is located. The Director may waive this requirement, based on site constraints. d. Vehicular ingress/egress areas are prohibited on arterial streets where the street frontage of the development site adjacent to the arterial street is less than 75 feet. The Director may waive this requirement, based on site constraints. 9. Refuse storage and collection areas. The commercial and residential components of the project shall maintain separate refuse storage and collection areas; the refuse storage and collection areas shall be clearly marked for separate uses. G. Residential Development Standards. 1. Minimum unit size. Residential minimum unit sizes are detailed in Table 4-3 (Minimum Residential Unit Size). Table 4-3 Minimum Residential Unit Size Number of Bedrooms Minimum Unit Size (Gross Floor Area) Studio 500 1 Bedroom 700 2 Bedrooms 900 3 Bedrooms 1,100 4 Bedrooms 150 additional gfa/bedroom 2. Unit size mix. No more than 25% of the total number of residential units shall have less than 700 square feet of gross floor area. 3. Open space. a. Each unit shall have a minimum of 75 square feet of common and/or private open space. Washington Centinela RFP Page 31 b. Common open space areas shall have a minimum dimension of 15 feet in any direction, which may include a combination of open space and adjacent setback area. c. Private open space areas shall be at least 30 square feet and 5 feet in any direction, to the extent feasible. d. Private and common open space requirements may be satisfied by a selection or combination of the following: atriums, balconies, courtyards, decks, gardens, gyms/exercise rooms, patios, playgrounds/tot lots, rooftop decks, patios and gardens, and swimming pools. The Director may approve similar amenities not listed above. H. Live/Work Development Standards. In addition to the standards detailed in this Section, live/work units within a mixed use development shall meet all applicable standards contained in § 17.400.060 (Live/Work Development Standards). I. Parking Standards. Mixed use developments shall comply with all requirements contained in Chapter 17.320 (Off-Street Parking and Loading), and the following additional standards. 1. Parking access and circulation standards. a. Commingled parking. A mixed use project may have a commingled parking area for all uses, subject to the following conditions. 1) Residential, live/work and commercial parking spaces are designated with signs. 2) Residential, live/work and commercial components require 10 or fewer parking spaces each. 3) One use requires 10 or fewer parking spaces and a second use requires more than 10 parking spaces, and the Director determines that site conditions make it infeasible to provide gated or separated parking. b. Gated parking. A mixed use project shall have a gated parking area for residents of residential units and live/work units, if the requirements allowing commingled parking are not met. The regulations governing gated parking areas are provided below. 1) Common ingress areas to residential, live/work, and commercial parking are permitted. 2) If a separated residential and live/work egress lane(s) is/are not provided, non-residential parking shall be free of charge. Washington Centinela RFP Page 32 3) The parking layout shall be designed so that residents are not significantly inconvenienced by non-residential parking demands, as determined by the Director. c. Residential guest parking location. 1) Residential guest parking may be located in the commercial parking area. 2) Residential guest parking shall be accessible 24 hours per day. 3) Residential guest parking shall be free of charge. 4) Residential guest parking shall be appropriately signed. J. Performance Requirements. All mixed use projects shall be designed to meet the following performance standards. 1. Walls on all sides of residential and live/work units shall be constructed to minimize the transmission of noise and vibration. A minimum impact insulation class (IIC) of 60 shall be required for all residential and live/work walls, floors, and ceilings. 2. Shared elevators shall have security code access for residents to reach residential floors, and to use the elevators during late evening and early morning hours. Security code access is not required for live/work access areas. Separate commercial and residential elevators are encouraged. 3. No commercial use, activity or process shall be operated in an objectionable manner, due to fumes, noxious odor, dust, smoke, gas, noise or vibrations that may be detrimental to any other uses and occupants on the same property. 4. Residential and live/work units shall be designed to allow for cross-ventilation and have high quality HVAC systems, to the extent feasible. 5. Parking areas shall be illuminated so as to provide appropriate visibility and security as determined by the Director. 6. Parking access and circulation design shall minimize vehicle circulation through residential neighborhood streets as determined by the Director. 7. Commercial loading areas and outdoor storage areas shall be designed and located away from residential units, and shall be screened from view at ground level from the residential portion of the project and from adjacent residential developments. 8. Commercial loading areas shall not significantly and/or negatively impact the pedestrian environment. Washington Centinela RFP Page 33 9. Adequate lighting must be provided adjacent to sidewalks and other public spaces to preserve the amenity and safety of those spaces for nighttime pedestrian use, as determined by the Director. (Ord. No. 2005-007 § 1 (part); Ord. No. 2005-008 § 2 (part)) Washington Centinela RFP Page 34 Attachment No. 3 Washington Centinela RFP Page 35 Washington Centinela RFP Page 36 Washington Centinela RFP Page 37 Washington Centinela RFP Page 38 Washington Centinela RFP Page 39 Washington Centinela RFP Page 40 Washington Centinela RFP Page 41 Washington Centinela RFP Page 42 Washington Centinela RFP Page 43 Washington Centinela RFP Page 44 Washington Centinela RFP Page 45 Washington Centinela RFP Page 46 Washington Centinela RFP Page 47 Washington Centinela RFP Page 48 Washington Centinela RFP Page 49 Washington Centinela RFP Page 50 Washington Centinela RFP Page 51 Washington Centinela RFP Page 52 Washington Centinela RFP Page 53 Washington Centinela RFP Page 54 Washington Centinela RFP Page 55 Washington Centinela RFP Page 56 Washington Centinela RFP Page 57 Washington Centinela RFP Page 58 Washington Centinela RFP Page 59 Washington Centinela RFP Page 60 Washington Centinela RFP Page 61 Washington Centinela RFP Page 62 Washington Centinela RFP Page 63 Washington Centinela RFP Page 64 Washington Centinela RFP Page 65 Washington Centinela RFP Page 66 Washington Centinela RFP Page 67 Washington Centinela RFP Page 68 Washington Centinela RFP Page 69 Washington Centinela RFP Page 70 Washington Centinela RFP Page 71 Washington Centinela RFP Page 72 Washington Centinela RFP Page 73 Washington Centinela RFP Page 74 Washington Centinela RFP Page 75 Washington Centinela RFP Page 76 Washington Centinela RFP Page 77 CULVER CITY REDEVELOPMENT AGENCY DEVELOPER QUESTIONNAIRE This Developer Questionnaire will help the Agency assess the developer’s experience and proposed team’s experience with comparable projects, and will assist in determining the development entity’s financial strength. SUBMITTAL CONTENTS 1. Name Address Phone and FAX numbers Web and e-mail address 2. Development Entity Identification of the development entity including all joint venture limited partners with whom the Agency would contract for development. Is the developer a subsidiary of, or affiliated with, any other corporation(s) or firms? If yes, list each such corporation or firm by name and address, specify its relationship to the developer and such other corporation or firm. 3. Development Team Organization and management approach, and role of each development partner and major consultant in the implementation of the development. Identify and describe role of key individuals in the development team (architects, engineers, project manager, brokers and others), who would be involved in the implementation, including their relevant experience. Attach resumes of key personnel. Also identify who will be the project manager, and who has the authority to make decisions for the team. Please discuss past projects that the developer, architect and broker have worked on together. 4. Developer Experience The developer’s previous relevant project experience for projects of this size: A description of three similar projects (date, location, land uses, size, architectural features, role of development entity in the project, etc.). Attachment No. 4 Washington Centinela RFP Page 78 Please describe any past development experience in Culver City. If you have not participated in any development activities in Culver City, please provide a description of any development activities in Southern California. When citing previous experience please specify whether the experience was of the development team as presently formed, or was it gained through employment with other entities. Newly formed partnerships in particular, often rely on individuals’ experience from other organizations. This must be noted. 5. Public/Private Partnerships Include information regarding experience in development and operation of joint public/private partnerships, and time schedules from the three most recent projects. Provide business references, including Redevelopment Agency and/or City references, and two financial references. For each reference, list the name of a specific contact person, address, telephone number, and nature of relationship. 6. Interest in Developing in Culver City Please provide a brief paragraph on why you wish to develop in Culver City. 7. Developer’s Financial Qualifications A statement of the developer’s financial qualifications and an audited or reviewed financial statement of the development entity or the individual entities which comprise the development team must be submitted. Submittal should include information as outlined in the Developer’s Statement of Financial Responsibility (EXHIBIT 1). Proposers should describe their ability to raise equity/debt dollars, including current relationships with major lenders, and their ability to provide for ongoing operation and maintenance of project. Provide information regarding financing and equity arrangements for the three projects listed as developer’s relevant experience. Attachments: EXHIBIT 1 – DEVELOPER’S STATEMENT OF FINANCIAL RESPONSIBILITY EXHIBIT 2 – FINANCIAL INFORMATION RELEASE AUTHORIZATION EXHIBIT 3 - CERTIFICATION OF CORRECTNESS OF STATEMENT OF FINANCIAL RESPONSIBILITY Washington Centinela RFP Page 79 EXHIBIT 1 DEVELOPER’S STATEMENT OF FINANCIAL RESPONSIBILITY Please provide the following information: (For confidential Agency office use only) 1. a. The financial condition of the developer, as of December 31, or later, as is reflected in the attached financial statement, (NOTE: Attach to this statement an audited certified financial statement or a reviewed financial statement from a Certified Public Accountant showing the assets and liabilities, including contingent liabilities, fully itemized in accordance with accepted accounting standards and based on a proper audit. Also attach an interim balance sheet no more than three months old and a statement from a Certified Public Accountant as to any material changes in developer’s financial condition. b. Name and address of auditor or Certified Public Accountant who performed the audit or review of the attached financial statement. 2. If funds for the development of the project are to be obtained from sources other than developer’s own funds, a statement of the developer’s plans for financing the acquisition and development of the land is required. 3. Sources and amount of cash available to developer to meet equity requirements of the proposed undertaking: a. In Bank(s): Account Holder Name____________________________________ Bank___________________________ Account #______________ Address_______________________________________________ Zip Code___________________ Amount $___________________ Account Holder Name ___________________________________ Bank___________________________ Account #______________ Washington Centinela RFP Page 80 Address_______________________________________________ Zip Code___________________ Amount $___________________ b. Through loans from affiliated or associated corporation or firms: Name_________________________________________________ Address_______________________________________________ Zip Code__________________ Amount $____________________ c. Through sales of readily saleable assets: Mortgages_____________________________________________ Description____________________________________________ Market Value $_________________________________________ Mortgage of liens $______________________________________ 4. Names and address of bank references Name______________________________________________________ Address____________________________________________________ Name______________________________________________________ Address____________________________________________________ 5. Has the developer or (if any) the parent corporation of any subsidiary or affiliated corporation of the developer’s offices or principal members, shareholders or investors, or other interested parties, been adjudged bankrupt, either voluntary or involuntary, within the past ten years: Yes__________ No__________ If yes, give date, place, and under what name. Washington Centinela RFP Page 81 EXHIBIT 2 FINANCIAL INFORMATION RELESAE OF AUTHORIZATION (on your letterhead) (Date) (Contact Person) (Financial Institution) (Address) Dear ______________: (Firm Name) has submitted a proposal to the Culver City Redevelopment Agency to enter into negotiations for the purpose of developing a residential project located in Culver City. As part of the screening process, the Agency may need to contact you about our banking relationship. I (We) authorize you to provide the Agency or their consultants with the information they require, with the understanding that all information provided will be kept confidential to the extent permitted by law. Sincerely, Washington Centinela RFP Page 82 EXHIBIT 3 CERTIFICATION OF CORRECTNESS OF STATEMENT OF FINANCIAL RESPONSIBILITY I (We) __________________________________, certify that this confidential “Statement of Financial Responsibility) and the attached evidence of the developer’s financial status, including financial statements, are true and correct to the best of my (our) knowledge and belief. _____________________________ ______________________________ Date Date _____________________________ ______________________________ Signature Signature _____________________________ ______________________________ Title Title _____________________________ ______________________________ Address Address _____________________________ ______________________________ City, State, Zip Code City, State, Zip Code If the developer is a corporation, this Statement should be signed by the president and secretary of the corporation; if any individual, by such individual; if a partnership, by one of the general partners; if an entity not having a present or secretary, by one of its chief officers having knowledge of the financial status and qualifications of the developer. Washington Centinela RFP Page 83 LOS ANGELES COUNTY ASSESSOR MAP SITE A Attachment No. 3-A Attachment No. 5-A Washington Centinela RFP Page 84 LOS ANGELES COUNTY ASSESSOR MAP SITE B Attachment No. 5-B Washington Centinela RFP Page 85 Washington Centinela RFP Page 86 Attachment No. 6 Washington Centinela RFP Page 87 Proposal Submittal Checklist Cover Letter Identification of Developer and Associates Development Team Qualifications Developer Questionnaire and Financing Capacity Development Program Work Load Purchase Price Financial Analysis Attachment No. 7