CONSIDERATION OF A MASTER
DEVELOPMENT PLAN REVOCATION AND
DEVELOPMENT AGREEMENT TERMINATION
FOR THE OPEN WINDOW PROJECT
City Council
January 11, 2022
Agenda Item 16.2
Open Window Background
• Approved February 23, 2016
• Expiration March 23, 2026 (10‐year Min. Term)
• 2020 1st Development Agreement review
(Substantially compliant)
• 51 parcels
totaling 11.88ac
• 15‐square blocks
• Parcels Ownership:
•Developer=43
•City=8
• 1,034 units (avg.87du/ac)
• ±200,000 sqft retail
• ±90,000 sqft commercial
• ±110,000 sqft
industrial/art studio
Master Development Plan (MDP)
• Includes project vision and specific
standards.
• Standards include allowable uses and
building design.
• MDP vision and standards approved before
2040 General Plan and major changes to
Development Code
Development Agreement (DA)
• DA is the tool to implement the MDP .
• Includes unit completion requirement to
extend DA term.
• The DA includes processes for amendments,
sale of property, and applicable standards.
• City Council is approval authority for DAs
• Substantially compliant per DA review in
2020.
Open Window Requirements
• (Ongoing) Construction Mitigation Monitoring and
Reporting Program Compliance.
• (Ongoing) Developer must have written consent from
City to sell, assign, transfer property.
• (Feb 2021) Applicant to purchase City Owned Parcels.
• (March 2026) Expiration of initial 10‐years.
300 units substantially completed to allow 5 ‐year
extension.
• (March 2031) Expiration of first 5‐year extension.
600 units substantially completed to allow 5 ‐year
extension.
Open Window 2021 Status
• 1,034 units approved with 1,000 units remain for
MDP completion.
• Only Medici Artist Lofts Completed (34 units).
• Of the 1,000 remaining units, 266 new units
are needed for DA extension by 2026.
• Of the total 51 properties in the MDP area, 19 ‐
have been sold without City approval and are not
subject to the DA/MDP .
• All City parcels have not been purchased.
• Past issues with completed building permits.
Challenges with DA/MDP
Developer:
• Hard to sell properties with DA.
• Changes to DA take too much time.
• Market Conditions are different than in 2016.
City:
• Obligations have not been achieved.
• Staff time to maintain agreements/ obligations.
• Review process and standards do not change.
Conclusion
• The DA complicates the transfer of property.
• The MDP standards do not provide flexibility or
benefit beyond existing standards.
• Future project reviewed against General Plan EIR.
• Additional updates to city standards will enhance
design in that area.
Recommendation
Recommend the City Council:
– Revoke the Open Window Project
Master Development Plan; and
– Terminate the Open Window Project
Development Agreement.