Attachment 331
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RESOLUTION NO. 2008-R.Qli_
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
CULVER CITY, CALIFORNIA, ESTABLISHING A
COMMUNITY BENEFIT .INCENTIVE PROGRAM IN
CONNECTION W I TH SECTION 17.400.065 OF THE
ZONING CODE MIXED USE DEVELOPMENT
STANDARDS.
The City Council of the Citv of Culver City DOES HEREBY RESOLVE as
follows:
Section 1. The City Council, pursuant to applicable law, held a duly noticed
hearing on February 11, 2008 to consider proposed amendments to the Culver City
Municipal Code (CCMC) related to Mixed Use Developments Standards and to adopt a
resolution authorizing Community Benefit Incentives and establishing the process and
procedures for implementation of Community Benefits, as defined below.
Section 2. Section 17.400.065 of the CCMC allows mixed use ·---· -· ...... -...... -.... ··-·· 1 ··6 ·--. ···-···~,-·---_____ .... _, ___ -··--··-·--··..-,---.. ·-···-···--__ , .... _ .. -. ....,...~----~-·--·-····-·······-~··-·--· .. ····----··------·,-, .. · --·····---·--.... -..... -----.. -····· ... .. · .. --···--·· .. -.... · .... ···--· ·
development on certain commercially zoned property at a base residential density of 35
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dwelling units per acre, but allows the den~ity to increase provided the project incorporates
Community Benefits established by resolution of the City Council.
Section 3. Based on the foregoing, the City Council hereby establishes:
A. The types of Community Benefits.
B. Process for establishing Community Benefits.
C. The process for Community Benefit approval.
D .
E.
The Community Benefit contribution; and
Procedures for providing the Community -Benefit.
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Section 4. Type of Benefit -A Community Benefit is defined as a project
amenity that achieves particular community goals such as providing neighborhood
streetscape improvements, in addition to what may be required as part of a discretionary
review and approval of a project, or public parking, in addition to that required by the
CCMC. The following list of Community Benefits may be included in mixed use
development projects. The list of Community Benefits includes, but is not limited to the
following:
A. Streetscape Improvements -As Part of an Area
Improvement Plan, in addition to what may be required as part of a
discretionary review and approval of a project.
8. Pocket Parks and Public Open Space (Minimum 5,000
sq. ft.), in addition to park space otherwise required by the CCMC .
C. Metered Public Parking in Excess of that Required by the
··· ·ceMC-: {Minimumof10-Public Parking ·Spaces ·-Applies -{)nlyto-··
Project Sites of 20,000 sq. ft. or Greater).
D. Other Community Benefits as Approved by City Council.
Section 5. Process tor Establishing Community Benefits -The City Council
shall establish Community Benefits through the following process:
A. Identify commercial areas (districts coterminous with
commercial corridors) that may utilize the community benefit
incentives.
8. Identify a menu of select community benefits applicable
to each district.
C. Arrange community meetings for various districts to
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. prioritize· benefits.
D. Community meetings to be conducted in nearby City or
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school facilities.
E. Provide memorandum to City CouncH regarding outcome
of meetings.
F. City Council deliberates on specific benefits and adopts
resolution identifying benefits for each district.
G. Applicant for each mixed use project will be apprised of
required community benefit during Preliminary Plan Review.
H. Planning _ Comm~ssion conducts discretionary hearing
and community benefit is codified in project conditions of approval.
Section 6. Process for Community Benefit Approval -The City Council
shall establish certain commercial neighborhood districts for consideration of Community
...... , ..... ·-······-~-.. ·-·--Tcr ~ ---Benefits -th-r-eL.1 -gh,-a~Gity-Counci.l..hear.ing ~.-T..be-.Gity-CounciLl:learing __ 5h _a _lLide.otjfy __ C~uumu.nlty __ .. _ .. ___
17 Benefits which could be applied to any project located within the commercial neighborhood
18 district boundary. The commercial neighborhood district hearings shall be conducted
19 · following adoption of the amandments to the CCMC related to Mixed Use Developments
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with public notice . provided to all business owners, residents and property owners within a
1000 foot radius of perimeter of the subject commercial neighborhood district boundary.
Said notice shall be provided pursuant to Section 17.630 of the CCMC.
Section 7. Community Benefits Contribution Amount -The method for
establishing the developer's contribution shall be based upon the proportionality of the
benefit relative to the develope(s profit for the project. The Community Benefits
Contribution is proposed as a proportional share of the Additional Base Density Value.
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The Community Benefits Contribution shall be defined as the developer's cost to provide
the Community Benefits. The Additional Base Density Value shall be defined as the
additional profit derived from the additional number of dwelling units permitted through
increase density allowed for providing the community benefit. The Community Benefits
Value shall be defined as the total cost of providing the required Community Benefit and
calculated as follows:
A. Community Benefits Contribution: 50% of the Additional
Base Density Value.
B. Additional Base Density Value: Additional Number of
Dwelling Units Allowed x Market Value Sales Price x .15
(Developer's Assumed Profit).
Section 8. Procedures for providing the Community Benefits -The
Community Benefits shall be incorporated into the project design, directly on-site and
mafnta,ne"d ·forthe ·1tfe·of1:rre -·projechmless --it-is --part ·-e)fa··pt.tblic -impr-evement-,--whereupon .it.------...
shall be provided with an in lieu fee contribution.
A. In Lieu Fee Contribution -When the Community Benefits
are part of off-site public improvements, the developer shall provide
the Community Benefits Contribution in full to an in lieu fund
established for the sole purpose of funding the public improvement,
unless it is feasible for the developer to pay and install the required off-
site public improvements.·
B. Community Benefits Provided On-Site -The Community
Benefits shall be incorporated on development plans and in the
Conditions of Approval as part of the project discretionary review
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process.
C. Community Benefits Identified in Project Resolution -
The developer shall sign an Affidavit for Acceptance of Conditions
certifying agreement to provide the required Community Benefits as
part of the project development. The resolution or other approval of a
project shall not become operative if the developer fails to sign the
affidavit, and the project permit granting increased density shall be null
and void. If the developer fails to maintain the required Community
Benefits identified in the project Resolution, then any Conditional Use
Permit or other revocable permit granted by the City as part of the
approval of the project shaH be referred to the Planning Commission
for revocation pursuant to Chapter 17 .660 of the Zoning Code and the
matter may be referred to the City Attorney for enforcement pursuant
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D. Community Benefits -Public Open Space or Metered
Public Parking. When the Community Benefits required for the project
are Public Open Space or Metered Public Parking, the developer shaii
record a covenant that runs with the land to:
i. Maintain in a clean, sanitary and available
condition the Community Benefits for the life of the project.
ii. Ensure the Public Open Space and Metered
Public Parking is 1 open and available to the public during normal
operating hours of the retail/commercial facilities within the
mixed use development p~oject or as determined by the City
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Council.
iii. Allow the City to derive any Metered Public
Parking revenue through parking enforcement operations for
the public parking.
iv . Provide an irrevocable ea_sement recorded against
the property to allow the City to enter the sit~ from time to time
to conduct parking enforcement operations for the public
parking.
Section 9 . This Resolution shall take effect on the effective date of
Ordinance No. 2008-___ o~0..;;..6 __ _
APPROVED and ADOPTED this -1Q.th_ day of March 2008 .
" "" ; __ """ """ " . """ "" " ""-. . ·"·-· ·-""" . """
LAN CORLIN, MAYOR
City of Culver City, California
ATTEST:
&?,V~
CHRISTOPHER ARMENTA, City Clerk grrc_c
AOB-00030 By Ela Valladares
Deputy City Clerk
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ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CULVER CITY
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I, Ela Valladares, Deputy City Clerk of . the City of Culver City, Californ i a,
do hereby certify that the foregoing Resolution No. 2008-R01 _5 as duly and
regularly adopted, passed, and approved by the City Cound of the City of
Culver City, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 1 oth day of Morch 2008, by the following
Councilmember vote:
AYES: Gross, Molsin, Rose, Silbiger, Carlin
~••-• ,·,~,-,.--.·•"•-•"•"""~••• . .....--.,.,..,..,.-.,,••-.. .-••,., ""•-··-·--·-•,-•,><-.. -·,•••<,•••'"•~·•-•••,•---•·· ... ••, •,•··-·•••••••••••• ·-••••••·-•--J-••••'""""'""'""•'"._,,.. ••1••·-··-···--••-·,-·'""-""--"•••••••,_.,,,,.,,..,-,,--.---.~-----·-•-•·"-"-•••-,-..•-.,.,__,. __ ,.~,-.... -.,--•,·-·••,..,,_, •-···-",~ •--•-... .,,,.~. __ .,_ .... ,. •• •-,-.• ••·•--••··--~r •••• , .... , •· ~··•·•·~"'"·""·"'" ,,--., ••·~•""'"r~ ·-• "
NOES: None . -
ABSTAIN: None
ABSENT: No ne
Dated this~o--rh day of March, 2008
Ela Valladares
Deputy City Clerk and Ex-Officio Clerk of the City Council
City of Culver City, State of California
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