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O1932 . CA:f:\atty\muni\laws\bar\smcc City Council Meeting 1-12-99 Santa Monica, California ORDINANCE NUMBER 1932 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING AMENDMENT NUMBER ONE TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND THE SANTA MONICA COMMUNITY COLLEGE DISTRICT AND THE BOARD OF TRUSTEES OF THE SANTA MONICA COMMUNITY COLLEGE DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Amendment Number One to the Development Agreement attached hereto as Exhibit "I" and incorporated herein by reference between the city of Santa Monica, a municipal corporation, and the Santa Monica Community College District and the Board of Trustees of the Santa Monica Community College District, is hereby approved. SECTION 2. Each and every term and condition of Amendment Number One to the Development Agreement approved in section 1 of this Ord1nance shall be and is made a part of the Santa Monica Municipal Code and any append1ces thereto. The City council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or append1ces thereto inconsistent with the provisions of Amendment Number One to the Development 1 Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effective the provisions of Amendment Number One to the Development Agreement. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper 2 within 15 days after its adoption. effective 30 days from its adoption. APPROVED AS TO FORM: ~If JON S MOUT~ ~~~ttorn y F:\ATTY\MUNI\LAWS\BARRY\SMCC 3 This Ordinance shall be . .. I -1 State ofCahfornra ) County of Los Angeles) ss CIty of Santa MOllIca ) ]?lAM mtJUt. . T' O'Connor, Mayor I, Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg Ordmance No 1932 (CCS) had 11s first readmg on December 15, 1998, and was adopted on January 12, 1999 by the follov\ilng vote Ayes CouncIl members Femstem, Genser. Holbrook, McKeo\\'Il, O'Connor Noes CouncIl members None Abstam CounCIl members None Absent CouncIl members Rosenstem \. ATTEST ~~~~ Mana M Stewart, CIty Cleek EXHIBIT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SANTA MONICA 1685 MaIn Street, Room 212 Santa Momca, CA 90401 Attention Planmng DIrector Space Above LIne For Recorders Use No RecordIng Fee Required Government Code SectIOn 27383 AME~1)MENT NUMBER ONE TO DEVELOP'MENT AGREEMENT ThIS Amendment Number One to Development Agreement ("First Amendment"), dated for reference purposes January -' 1999 IS entered mto by and between the CITY OF SANTA MONICA, a mumcipal corporatIOn (heremafter "City") and the SANTA MONICA COMMUNITY COLLEGE DISTRICT and THE BOARD OF TRUSTEES OF SANTA MONICA COM1-vlUNITY COLLEGE DISTRICT (heremafter referred to as the "DIstrict" and the "Board of Trustees" respectIVely), and IS made WIth reference to the following RECITALS A City and DIstnct and Board of Trustees entered mto a Development Agreement dated November 14, 1989 ("Ongmal Development Agreement") 1 B. The Onginal Development Agreement affects that certain real property descnbed ill ExhIbIt "A," Nos 1 and 2, attached hereto C Pursuant to the terms and conditlOns of the Onginal Development Agreement, the City approved a plan for the development of two (2) parking structures now commonly known as "Parkmg Structure A" and "Parking Structure C." D Pnor to the execution of the Ongmal Development Agreement by the City, the City CouncIl of the CIty of Santa MOnica ("City CouncIl") (1) duly adopted Ordmance No 1502 (CCS) on November 14, 1989, approving the Ongmal Development Agreement, (2) authorized the City Manager to execute the Ongmal Development Agreement on behalf of the City, and (3) certIfied the ongmal final Environmental Impact Report on the Project E Pursuant to the terms and condItions of the Ongmal Development Agreement, Parking Structure A and Parkmg Structure C were developed F The partIes desire to amend the Ongmal Development Agreement to authonze the replacement and relocatIon of the MUnIcipal Pool currently located on the campus of Santa Monica College ("SMC") in Santa Monica ("Mumclpal Pool Facility") More specifically, the partIes desire to amend Paragraph 2 relatmg to the descnption of the Property, Paragraph 3 relatmg to the descnptlon ofthe project, Paragraph 4 relating to approved uses, Paragraph 5 relatmg to the tlmmg of construction of the project, Paragraph 6 relatmg to project mitIgation 2 measures, Paragraph 7 relating to General Services ReqUirements, Paragraph 9 relatmg to effect of agreement on land use regulatIons, Paragraph 18 relatIng to notices, ExhibIt A relating to the site legal descnptlOn, ExhibIt B relatIng to landscapmg reqUirements, and Exhibit C relatmg to publIc works reqUIrements and to add Exhibit D relatmg to project site plans, access and cIrculatiOn plans and elevation plans, Exhibit E relating to project mitigation measures, Exhibit F relatIng to ~1umcIpal Pool FacIlIty standard conditions, and Exhibit G WhiCh constitutes the Onginal Development Agreement Without exhibits G The Mumcipal Pool FacJltty Will be developed m the designated open space set back for ParkIng Structure C and In Parkmg Lot 8 ThIS FIrst Amendment relates only to that development and does not otherwIse change the phYSIcal development ofParkmg Structure A and Parkmg Structure C already approved by the City and constructed by the DIstnct H Parkmg Lot 8 currently prOVIdes 96 surface level parkmg spaces ThIS parkmg lot is located on the SIte of former Parkmg Structure B ParkIng Structure B consIsted of four levels above-grade and contamed 374 parkIng spaces ThiS parkIng structure mcurred sIgmficant structural damage due to the Northndge Earthquake and was subsequently demolished The City supports the constructIon of a replacement parking structure on the SMC campus wIthm the next five years whIch would contam a minimUm of374 spaces The actual replacement parkmg structure would be subject to City dIscretIOnary reVIew and approval after a complete envIronmental analYSIS has been conducted In accordance WIth the Cahforma EnVironmental 3 Quahty Act (Cahforma Pubhc Resources Code Section 21000 et seq ("CEQA") and City standards I A Draft EnVIronmental Impact Report was prepared by Christopher A Joseph & AssocIates for the City wIth respect to the amendments to the Development Agreement contained In tillS FIrst Amendment and circulated for pubhc comment, all in comphance with the Cahfornia EnVironmental QualIty Act (the "DEIK') Comments on the DEIR were received from members of the pubhc and a final EnvIronmental Impact Report was prepared and duly consIdered by the Santa Moruca Planrung CommissIon In connection wIth Its reVIew OfthIS FIrst Amendment The CIty CouncIl SimIlarly reviewed and considered the Information contamed m the final EnVIronmental Impact Report pnor to approving thIS FIrst Amendment J The CIty has complied With all procedures reqUIred by CalIforma Government Code SectIon 65864 et seq and Santa Moruca MUniCipal Code SectIons 948010 et seq regardmg the processmg ofthls FIrst Amendment, mcludmg Santa Maruca MuniclpaI Code SectlOn 9 48 170 WhlCh authonzes amendment, m whole or m part, of eXlstmg development agreements, by, among other thmgs, completmg the followmg 1 The Planmng CommlSSlon held a duly-noticed pubhc heaong on the First Amendment on November 18, 1998 and made Its wntten recommendatIons to the CIty Counell in accordance wlth Santa MOnIca Mumclpal Code SectIOn 9 48 130 4 2 The CIty Councll held a duly-noticed pubhc heanng on the First Amendment Followmg completIOn of the public heanng and consideratIOn of the recommendation of the Plannmg CommIssIOn, the City Council adopted an ordmance approving the First Amendment and authonzmg the CIty Manager to execute thiS Agreement K Unless otherwise provided, all terms used herem shall have the same meamng as in the Dngmal Development Agreement L The prOVISions of this First Amendment are conSistent Vvlth the City's General Plan for several reasons, mcludmg, wIthout lImitatIOn, the followmg (1) Land Use Element ObjectIve 1 1 [Improve the quality ofhfe for all reSidents by provldmg a balance of land uses] encourages makmg Santa Monica a more child-fnendly environment by provldmg recreatIOnal facllltles The Mumcipal Pool FaCIlIty provides both a competItion pool and a large recreatIOnal pool to accommodate the commumty's identIfied aquatIc needs (2) The Draft Open Space Element Polley 2 2 encourages the expanSlOn of open space through the shared use of certam faCIlities and Polley 2 3 encourages the Improvement of school sites as publIc open space The Mumclpal Pool Facihty expands and Improves upon the City's existing public pool facdlties by creatmg a new aquatic center on the SMC campus 5 NOW, THEREFORE, m consideration ofthe covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficIency of whIch are hereby acknowledged, the parties hereto do hereby agree that the Onginal Development Agreement shall be amended 10 the following respects, such amendments to be apphcable as of the Effective Date 1 Paragraph 2 (Descnption of Property) IS hereby amended 10 full to read as follows The Property descnbed 10 Exhibit A consistmg of two (2) lots commonly known as "Parkmg Structure A" and "Parkmg Structure e" and the approXimately 57,350 square foot parcel on the west Side of Santa Monica College upon which the Municipal Pool FacIlIty wIll be developed, bounded by Parkmg Structure A to the north, the access road and Parking Structure C to the east, the FaCIlity ServIces Department and athletIC field to the south, and 16th Street to the west 2 Paragraph 3 (Descnptlon of the Project), Subparagraph A of the Ong1Oal Development Agreement is hereby amended 10 full to read as follows A Two Parkmg Structures The Project 10cludes all aspects of the proposed development of the Property With two (2) Parkmg Structures which are more 6 particularly descnbed herein and in Exlublt B, mcludmg the followmg components 1 Park10g Structure A. on the South side of Pi co Boulevard between 16111 Street and 17th Street, containing approximately 182,000 square feet ofFlcor Area and provld1Og approximately 402 full size and 292 compact non-tandem parkmg spaces The Park10g Structure shall not exceed four levels and a Budding Height of 40 feet One level shall be at grade and the three others shall be above grade The structure shall utIlIze the existing exit on 16th Street as a nght turn only 2 Parkmg Structure C shall be constructed on the College Softball Field It shall contam approximately 238,000 square feet of Floor Area and provide approximately 485 full Size and 359 compact non-tandem park10g spaces The Parkmg Structure shall not exceed five levels WIth one level of subterranean park1Og, one level of at grade park1Og, and four levels of above-grade parkmg The Park10g Structure shall not exceed a Budding Height of38 feet ThIs height hmlt shall not preclude the 1OstallatlOn of solar panels to atta10 sustamable goals for the mumclpal pool The Structure shall have one entrance and eXit from 17th Street at PICO Boulevard The structure shall have no eXit onto 16111 Street 3 The Total Floor Area of the Parkmg Structures descnbed 10 Paragraphs 1 and 2 shall not exceed 420,00 square feet 7 3 The follow1Og Paragraph 3 (Description of ProJect), Subparagraph D is hereby added to the Ongmal Development D MUnicipal Pool Facility 1 Pnnclpal Components of Municipal Pool Facility The MUnIcipal Pool Facility shall be constructed 10 the open space area that fronts 16th Street on the site of the former Park10g Structure B, currently referred to as Parking Lot 8, and on the site of the landscape area located adjacent to Parkmg Structure C and the 161h Street curblme Construction of the project w1l1 consist of a 50 meter (164 feet) by 75 feet competition pool, an approximately 96 feet by 75 feet instructIOnal and recreatIOnal pool, an approximately 1,500 square foot pool eqUIpment bUlld1Og, an approximately 2,200 square foot pool storage and eqUIpment buildmg and an approximately 7,500 square foot aquattc bUlldmg, which includes the followmg uses pool locker rooms, hfeguard, pool supervisors, and registration offices, a first aid room, a vlewmg deck and staff locker room, an instructional/training room, and a coach/competitor team office 2 LocatIOn ofMuOlclpal Pool Improvements Exhibit 0 shows the 10catlOn of the mUnICipal pool and all related pool Improvements In general terms, the competition pool will be located to the west of Parking Structure C on the southern part of the site The InstructlOnal and recreational pool Will be located to the south of Parking Structure A on the northern part of the site The aquatic buddmg Will be located between the cOmpetltlOn and InstructIOnal and recreatIOnal pools The pool storage and eqUIpment areas will be 8 placed In two separate locatIOns on the project sIte as follows at the northeast comer of the SIte, Immediately adjacent to Parking Structure A and to the south of the competltlon pool near the southwest corner of Parking Structure C The pool storage and eqUipment areas will consist of enclosed areas bounded by fences, not to exceed 12 feet in height above eXIsting grade and measured at a continuum at every point along the wall 3 Maximum Height ofMumclpal Pool Improvements The maXImum height of the aquatlc bUlldmg Vv111 be 28 feet above average natural grade ("Average Natural Grade" shall have the meamng set forth In Santa MOnIca MumcIpal Code Sectlon 90402030350 whIch IS m effect on the EffeCtive Date of thIS First Amendment) The height of the pool storage and eqUIpment areas WIll not exceed 12 feet above average natural grade A sound wall, not to exceed 18 feet In heIght above eXisting grade and measured at a continuum at every point along the wall, will be constructed around the Site, extending from the northwest corner of the Site, adjacent to the proposed pedestrian entrance area, along the western SIte boundary between the instructional and recreauonal pool, aquatic buIlding and the street 4 Approval of Schematic Drawmgs The CIty hereby approves Schemauc Drawmgs prepared by KIllefer Flammang PurtIlI ArchItects, dated November II, 1998, whIch delineate the new Mumclpal Pool FacilIty to be constructed, Includmg, WIthout hmItatIOn, those pnncipal components of whIch are set forth 10 9 Paragraph 3, Subparagraph D The SchematIc Drawings shall also include, without ltmltatiOn, a landscape plan for the MUniCIpal Pool Faclhty The City and the Distnct shall mamtam a complete copy of the SchematIc Drawmgs stamped "Approved" by the City The Schematic Drawings shall be a half-SIze set Further detaIled plans for the Municipal Pool FacIlity, mcludIng, without hmltation, structural plans and working draWings shall be developed by the City subsequent to the EffectIve Date based upon the Schematic DraWings Mmor modifications to the SchematIc Drawmgs may be made by the CIty upon wntten admInistratIve approval of the Planmng Director WIthout the neceSSIty of amendmg thIS First Amendment A SIgnificant change in the approved concept shall only be undertaken after amendment of this FIrst Amendment 5 MUnICIpal Pool FaCIlity Access, Parkmg, CIrculatiOn and Setbacks Access and CIrculatiOn for the MUlllClpal pool faclhty shall be ill accordance WIth the descnptlon whIch is attached as Exhibit D 1 and the plans which are attached as ExhIbIt D 2 to thiS First Amendment The parkmg for the Mumclpal Pool Facility shall be allowed by permIt in either Parkmg Structure A or Parkmg Structure C, to be accessed via the campus entrance at PICO Boulevard The precise locatIons for pool parkmg shaII be estabhshed by a Jomt Operatmg Agreement to be entered mto between the CIty and the DIstnct subsequent to the effectIve date of this FIrst 10 Amendment Pool users WIth permits shall be allowed to park free of charge both dunng weekdays and on weekends In addition to the ten handicapped spaces currently provided In Parkmg Structure C, the Dlstnct shall proVIde another four ground level handIcapped spaces These handicapped spaces shall be located 10 Parkmg Structure C along the western face of the structure and shall be avaIlable dunng all hours that the MUnICipal Pool FacIlity IS open The Distnct shall also deSignate a minImum of 24 additIOnal spaces which Will be available to pool users dunng peak hours (3 30- 530 P m on weekdays and Saturdays) The 24 pool spaces Will be located in eIther Parkmg Structure A or Parkmg Structure C The precise locatiOns shall be estabhshed by the Jomt Operatmg Agreement to be entered mto between the CIty and the District 4 Paragraph 4 (Approved Uses) is hereby amended m full to read as follows By the execution of thIS Agreement, the City speCifically approves the use of Parkmg Structure A and Parkmg Structure C for College-related parkmg and for aquatic-related parking The JOint Operatmg Agreement to be entered mto between the City and the DIstnct wIll address the Jomt use and operation of the MUniCipal Pool FaCIlIty by 11 the City and the Distnct Said agreement shall be consistent with the terms oftrus First Amendment and w1l1 address hours of operatIOn, staffing reqUIrements, permit parkmg requirements, mamtenance, and other pool operatIOn functions 5 The followmg Paragraph 5 (Timing of Construction), Subparagraph E is hereby added to the Development Agreement E The City shall use Its best efforts to commence constructIOn of the MUnicipal Pool Facility wlthm twelve months of the execution of this agreement, and to complete constructiOn wlthm twelve months of the commencement of construction However, nothmg In this First Amendment shall be construed to reqUIre the City to proceed with the construction of the MUnicipal Pool Facihty and the faIlure to the City to proceed WIth construction of the Mumcipal Pool Facdity shall not give nse to any lIabihty, claim for damages or cause of actiOn agamst the City 6 The mtroductton to Paragraph 6 (project MItIgatIOn 1.1easures) of the Onginal Development Agreement is hereby amended m full to read as follows To comply With applicable proVISions of the General Plan and to mitigate specIfic burdens upon the commumty resultmg from constructiOn of the Parkmg Structures and the MumcIpal Pool FaCIlity, Dlstnct agrees to undertake the mitigation measures m Subparagraphs (A) through (G) of this Paragraph relative to the 12 Parkmg Structures and the CIty and the DIstrict agree to undertake the mitlgatlon measures m Subparagraph (H) relatIve to the MUfilClpal Pool Faclhty 7 The followmg Paragraph 6 (Project Mitigation Measures), Subparagraph H 1S hereby added to the Development Agreement H To mitigate specific Impacts resultmg from the development ofthe Municipal Pool FacIhty, the CIty and the Dlstnct agree to perform the project mitigation measures Itemized m Exhibit E attached hereto, m accordance with the timetable set forth 10 Exhibit E which IS mcorporated herem by reference 8 Paragraph 7 (General Services ReqUIrements) shall be amended to refer to the Envtfonmental and Pubhc Works Department rather than the Department of General Services 9 Paragraph 9 (Effect of Agreement on Land Use Regulations), Subparagraph D of the Ongmal Development Agreement IS hereby amended 10 full to read as follows City and Dlstnct acknowledge that the prOVISions of this Agreement are intended to Implement the mtent of the partIes that Distnct has the nght to develop the two parkmg structures speCIfied m this agreement, Parkmg Structure A and Parkmg Structure C The City has the nght to control development of these structures pursuant to speCified and known standards and rules as dehneated In this I3 Agreement The City shall have the right to develop the Murucipal Pool Facihty pursuant to the terms of this Agreement This Agreement shall not be deemed to restnct any nght of the CIty or the District, as governmental entities, to act in accordance With their powers, duties, and obligations The MUnicipal Pool FacIlIty will be constructed, m part, on the site ofParkmg Lot 8 which currently provides 96 surface level parkmg spaces This parkmg lot IS located on the site of former Parkmg Structure B Parkmg Structure B consisted of four levels above-grade and contamed 374 parkmg spaces This parking structure mcurred slgmficant structural damage due to the Northndge Earthquake and was subsequently demolished The City supports the construction of a replacement parkmg structure on the College campus withm the next five years which would contam a mmlmum of374 spaces The actual replacement parkmg structure would be subject to City dlscretlOnary reVIew and approval after a complete enVIronmental analYSIS has been conducted In accordance wlth the Cahforma Environmental Quahty Act (CalIforma Pubhc Resources Code SectlOn 21000 et seq ("CEQA") and Cay standards 10 Paragraph 18 (NotIces) of the Origmal Development Agreement is hereby amended to delete the City addresses to whlch notIces, demands, requests, consents, approvals, or commumcations from the Dlstnct to the CIty are to be sent and to add the foIlowmg CIty addresses 14 City of Santa Moruca 1685 Main Street, Room 209 Santa Monica, Cahfornia 90401 AUn CIty Manager WIth coples to Santa Moruca City Attorney's Office 1685 Mam Street, Third Floor Santa Monica, Cahfornia 90401 Attn City Attorney And to, Commumty & Cultural ServIces 1685 MalO Street, Room 210 Santa MOnIca, CalIfornIa 90401 Attn Director And to, PlannlOg & CommunIty Development 1685 Mam Street, Room 212 Santa Momca, CalIfornIa 90401 Attn Dlrector 11 Exhlbn A ofthe Onginal Development Agreement IS hereby amended to add the legal descnption of the property upon which the MUnIcipal Pool FacIlity will be located The amended ExhibIt A IS attached hereto and 1Ocorporated herein by reference 12 Exhibit B of the Ong1Oal Development Agreement IS hereby amended to add landscapmg, bUlldmg desIgn and ARB reqUIrements relatmg to the MUnIcIpal Pool FacIlIty The amended Exhibit B IS attached hereto and mcorporated herem by reference 13 Exhlbn C of the Ongmal Development Agreement IS hereby amended to add EnvIronmental and PublIc Works Management reqUIrements related to the MuniCIpal Pool FacllIty The amended ExhIbIt C lS attached hereto and Incorporated herem by reference 15 14 A new Exhibit D IS hereby added to the Ongmal Development Agreement which constttutes the project site plans, access and circulatlOn plans, and elevation plans for the MUnicipal Pool Faclhty 15 A new ExhIbIt E is hereby added to the Origmal Development Agreement which estabhshes the mltlgatlon measures required for the Municipal Pool Facdtty as estabhshed by the EIR undertaken for this project 16 A new Exhibit F IS hereby added to the Ongmal Development Agreement which estabhshes the MUnicipal Pool Factlny standard conditIOns 17 The Ongmal Development Agreement, without exhibIts, IS attached to thIs First Amendment as ExhibIt G for reference purpose only 18 Except as amended by this First Amendment, the Ongmal Development Agreement shall remam In full force and effect In accordance With ItS terms and condltlons Notwlthstandmg the foregoing, In the event of any mconslstency between this First Amendment and the Drigma! Development Agreement, the apphcable provisions of thIs First Amendment shall govern 19 The obhgatlOns of this First Amendment Imposed on the parties hereunder shall be effectIve as of the date upon which the Ordmance approvmg thIs First Amendment becomes 16 effectIve ("Effective Date") The parties shall execute this First Amendment Wlthm ten (IO) workmg days of the Effective Date 20 The parties hereto shall cause this First Amendment to be recorded In the Official Records of the County of Los Angeles IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above wntten CITY OF SANTA MONICA By John Jahli City Manager Attest Mana Stewart City Clerk Approved as to Form Marsha Jones Moutne City Attorney 17 F \ATTYWUNI\CONTRACT\BAR\MUNIPOOL \VPD 18 SANT A MONICA COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES OF SANT A MONICA COMMUNITY COLLEGE DISTRICT By Thomas J Donner Vice President of Business and AdmInIstration AMENDED EXHIBIT A PROPERTY DESCRIPTION 1 Parking Structure "A" shall be located on property commonly known as Santa Monica College parking lot #4, more particularly described as follows All that real property In the City of Santa Monica In the County of Los Angeles, State of Callforma, as shown In tract no 12543, lots 1, 2, 15 and 16 of Block 44 of East Santa Monica, In said City, county and state, as per map recorded In Book 17, page 95 2 Parkmg Structure "C" shall be located on property commonly known as Santa MOnica College softball field, more particularly descnbed as follows All that real property In the City of Santa MOnica, In the County of Los Angeles, State of CalifornIa, as shown In tract no 12543, lots 3, 4, 13 and 14 of Block 44 of East Santa Momca, In said City, county and state, as per map recorded In Book 17, pages 95 through 98 3 The MUniCipal Pool Facility shall be located on property commonly known as Santa Monica College Parking Lot 8 and on the site of the landscape area located adjacent to parkmg Structure C and 124 feet from the 16th Street curbllne, more particularly described as follows All that real property In the City of Santa MOnica In the County of Los Angeles, State of California, as shown In tract no 12543, lots 3, 4 and 5 of Block 44 of East Santa MOnica, In said City, county and state, as per map recorded In Book 17, page 95 f \ppd\share\opspace\mun Ipool\ExhlbltA wpd 1 AMENDED EXHIBIT B PROJECT DESCRIPTION, LANDSCAPING, AND ARCHITECTURAL REVIEW BOARD REQUIREMENTS Project Description The Santa MOnica Community College Dlstnct has proposed the development of the following two parking structures Parking Structure A will be located as shown on the attached site plan exhibit This site contained a surface parking lot that was removed to allow construction of a four story parkIng structure that wIll a Utilize the eXisting eXit on 16th Street as a right turn only eXit, and the College will pursue WIth the CIty sIgnalIzing the intersectIon of 16th Street and PlCO Boulevard The College will also pursue With the City, the establishment of a westbound left hand turn Signal at the IntersectIOn of 1rh Street and PIca Boulevard. b Include the establishment of a new right turn only eXit on PIca Boulevard. Include the establishment of a new entrance on PIca Boulevard C Accommodate approximately 694 cars d Be connected to the eXlstmg parkmg structure Parkmg Structure C Will be located as shown on the attached site plan exhibit This site contained the college softball field and IS located behmd the BUSiness BUlldmg The structure Wlll a Have a smgle entrance/exit from 17th Street at PICO Boulevard and Will contam no entrance/exit on 16th Street b Accommodate approximately 844 cars and Will mclude one level of below grade parkmg (All of the above have been completed as part of the orlgmal Development Agreement) The MUniCipal Pool FaCIlity Will be constructed In the open space area that fronts 16th Street on the site of the former Parkmg Structure B, currently referred to as Surface Parking Lot 8. and on the sIte of the landscape area located adjacent to Parking Structure C and the 16th Street curbhne 1 Landscaping Requirements The Santa MOnica Community College District and City of Santa MOnica shall comply with the following landscaping requirements for all development authorized by this Development Agreement 1 Prior to commencement of constructIon bldd Ing for eIther or both parking structu res or the MUnicipal Pool, ten (10) full size sets of landscaping drawings to the City's Architectural Review Board for review and approval 2 Landscaping materials, treatments, and Irrigation shall comply with MUnicipal Code Part 9 04 10 04 and the City's adopted Water Conservation Ordinance 3 The College shall provide diligent effort where pOSSible to preserve and/or relocate any mature trees that Will need to be removed to permit parking structure construction Architectural Review Soard ReqUIrements The Santa MOnica Community College District and the City of Santa MOnica shall comply With the Architectural Review reqUirements pursuant to Santa MOnica Municipal Code Chapter 932, and as referenced In Exhibit F, Standard CondItions Pnor to commencement of bidding for the Mumclpal Pool, ten (10) full size sets of design drawmgs shall be submitted to the City Planning DIvIsion for Architectural Review Soard review and approval. The Architectural Review Soard shall carefully review all bUIlding textures, colors, matenals, surface and pavmg treatment, slgnage, lighting, and trash enclosures f \ppd\share\opspace\rnumpool\ExhlbltS wpd 2 AMENDED EXHIBIT C Environmental and Public Works Management Requirements The follOWing Environmental and Public Works Management requirements apply to Parking Structures A and C 1 An easement shall be granted to the CIty for all handicapped access ramps which encroach beyond the limit of the publiC right of way. ThiS Includes an easement at the northwesterly corner of the property and easements on eIther SIde of both northerly dnveways of Parking Structure A 2 A hydrology report shall be prepared that at minimum shall address eXisting street capacity and indicate the potential for flooding of those portions of the structure which are below grade The report shall also address the change In runoff from the Site, mdlcate the pOints at which thiS runoff Will be discharged, and Identify any changes to the eXisting flow condJtJons If indicated by the hydrology study, a detention baSin may be reqUired on site 3 Complete set of CIVil plans shall be submitted deSignating all off-Site Improvements Based upon a prevIous inspection conducted by the EnVironmental and Public Works Management Department, the Sidewalk on PICO Boulevard between 16th Street and the eastern edge of Parking Structure A Will reqUire removal and replacement Other off-Site Improvements may be reqUired as a result of damage dunng construction 4 All runoff from parking areas shall be collected and routed through an Oil-water separator or other treatment process to be approved by the City, whIch WIll reduce the pollutants washing from the site Into the storm draIn 5 Completed gradmg plans shall be submitted and shall Include an erOSion control plan All of the above have been completed as part of the onglnal Development Agreement The follOWing EnVironmental and Public Works Management reqUirements apply to construction of the MuniCipal Pool FaCility 6 Before Issuance of a bUilding permIt, the City shall approve a storage system forthe on-site detention ru noff or an alternate Best Management Practice (BMP) as defined In the Urban Runoff Mitigation Plan To the extent pOSSIble, the detamed stormwater Will be distributed to landscaped areas, With any remainder eventually released Into the eXisting City storm drain connections All detamed runoff, released mto the City's faCIlities, Will be released after passage of the system's peak flow ThiS storage system or alternate BMP shall be Implemented pnor to Certificate of 1 Occupancy. 7 Before Issuance of a bUilding permit, plans for a stormwater flltenng system shall be submitted subject to the approval of the City's Environmental and Public Works Management Department (IPEPWMIP) This stormwater flltermg system shall be Installed for large paved areas to reduce runoff contaminated by vehicle 011 and debris from entering the storm drain system 8 During construction and occupancy drain Inlets at or adjacent to the site shall be constructed With 011, debns, and silt traps to reduce the level of pollutants such as 011, debris, and silt In stormwater runoff Those traps shall be cleaned of debris annually or more frequently 9 The Project shall comply WIth the reqUirements of a NatIonal Pollution Discharge Elimination System (NPDES) permit for storm water discharge and With gUidance and poliCies of the Regional Water Quality Control Board, EPA, and local agencies 10 The Project shall be bUilt m conformance With the City's Urban Runoff PollutIon Ordmance in effect on the Effectlve Date of the Development Agreement 11 Additional Sidewalks, curbs, gutters, paving and driveways which need replaCing or removal as a result of damage caused dunng construction of the Project shall be reconstructed to the satisfaction of EPWM as soon as practicable, and In any event pnor to certificate of occupancy 12 Prior to certificate of occupancy water flow calculations shall be prepared to evaluate the capacity of eXlstmg water mams at the locations for hook-ups to the project EXisting water mains which directly service the project shall be upgraded If the water flow calculations mdlcate that the hook-up pomts for the project Will cause such mains to receive greater demands than can be accommodated 13 Prior to certificate of occupancy storm water flow calculations shall be prepared to evaluate the capacity of eXisting storm water dram lines at the locations for hook- ups from the project. EXisting storm water drain lines which directly service the project shall be upgraded if the storm water flow calculations md Icate that the hook- up pOints for the project Will cause such dram lines to receive greater demands than can be accommodated 14 Southern California Edison Company and the Southern Callforma Gas Company shall be consulted regarding any feasible energy conservation measu res that could be mcorporated mto the Project 15 EffiCient Irrigation systems shall be Installed to minimize ru noff and evaporation and to maXimize the proportion of water available for plants In landscaped areas 2 16 Drought-tolerant, 10w-water-consumlOg plant varietIes shall be used to reduce Irrigation water consumption 17 Photo-voltaic systems to generate electncity shall be designed and constructed If deemed feasible and cost-effective by the City f \ppd\share\amended exhlbltc wpd 3 EXHIBIT 0 Santa Monica Municipal Pool 0.1 Access and Circulation Descnption 0.2 Access Diagram 0.3 Site Plan 0.4 Building Elevations 1 EXHIBIT D 1 MUNICIPAL POOL ACCESS AND CIRCULA rlON 1. Vehicle Access and Parking The only vehicle access from outside the college campus to the new Santa MOnica MUnicipal Pool on the Santa MOnica College site will be via the Santa Monica College entrance on P,CO Boulevard and 17th Street This IS one of several entrances to the college, but directly serves Parking Structure A, Parking Structure C and the Pool entrance Vehicles Will enter from PIca Boulevard and, once on the campus grounds, Will proceed west, and enter either Parking Structure A, which IS ImmedIately to the west of the main entrance, or turn south past the Pool drop-off zone, In front of the public pool entrance, to Parking Structure C Parking Structure C Will have four handicapped spaces located at the structure's ground level west corner adjacent to the entrance to the garage Pool parking shall be permitted as specified In amended Paragraph 3 0 5 of the First Amendment . Vehicles eXit Parking Structure A vIa the eXlstmg 16th Street egress and nght turn only eXit, or via the PICO Boulevard eXit Vehicles eXit Parking Structure C via the two-way eXit at the north Side of the parking structure, which leads to the Internal circulation dnve, eXiting on PIca Boulevard at the ponit of entry There Will be no additional access to or from 16th Street other than the eXistIng nght turn only egress from Parking Structure A 2. Pedestrian Access and Circulation Pedestnans may access the Municipal Pool from a number of pedestnan access pOints on the Santa Monica College campus However, It IS envIsioned that pedestnans from the Immediate reSidential neighborhoods Will walk along 16th Street and enter the site from the pedestnan walkway at 16th Street which proceeds past Parking Structure A, around the penmeter ofthe pool Site, and enter the pool faCIlity from the controlled publIC entry pOint at the center of the site's eastern boundary ThiS pedestrian entrance Will be the main entrance pomt to the pool and will be controlled at all times the pool IS open Pedestnans walking from their cars parked In either Parking Structure A or C Will L.se thiS entry ThiS entrance Will be served by an elevator to take handicapped users from the ground level to the Viewing deck 2 The entrance IS at grade, and does not require a handicapped access ramp Handicapped users will park at the four handicapped spaces at the north edge of Parking Structure C, from which they will be able to eXit directly out of the bUilding to a pool pathway, proceeding to the main entrance. There will be a secondary entrance at the south sIde of the pool, just west of Parking Structure C, closer to the eXisting locker rooms, for college users only ThiS access will also be controlled by college staff when It IS open, but will only be open dunng the hours which the College uses the pool 3. Bus Stops The pnmary bus stop that serves the pool Will be the PICO Boulevard bus stop just Pfl~f of 16th Street Tpam buses for sWim meets and events Will make advance arrangements to park at one of the Santa Monica College surface parking lots, and Will discharge passengers at the Santa MOOlca College PICO Boulevard frontage As part of the Santa MonIca College Masterplan, the College proposes to construct an addItion to the eastern section of the eXistIng Parkmg Structure C, over the area of the eXIsting MUniCipal Pool Site, that would Include addItIonal spaces as well as a new pnmary entrance and eXit at the eastern end of the structure If thiS expansion should occur, the number of vehicles uSing the entrance and eXit at the western end of the structure Will be reduced, although It Will remain a two way access as a secondary entrance, and WIll prOVide access between Parking Structures A and C '"' -' EXHIBIT 0.2 VEHICLE AND PEDESTRIAN ACCESS AND CIRCULATION DIAGRAM '" '" <J U '" <( -c- O> E i "0 I U . -t - ~ .. 'i) ), ,~.!!~n r -'Q-- _ ". J-",~ ,~j= - ~ ",>~ --9" ",-,- r .' ~~c~ ~ ,- j !:" ~ .' t 11 I=t=+-. . ~ . ; I: "rz, I~~ ,', ~~~; ~. ; i Ii liL~ · if _..'- ~ ~ i=~~, !i r~' · /L~:v ~! ,"'11T"\L .~: ,I:. -F/- ' t:::t:=s: ~=.;........ I I'; < -j .' i:f:L '~il 'LiJ ' -=-=-- ~ ~:." '-; J ~~~ctco -....~ . - . ~j i . . ~ -------.... I~" .; ~~ ----. . f=i==++--~ . ~T~L~l.H. ~ ~ " i if I I . ;- L/ .l 'i> I' i: Ij 2:c:>. :~.. I- W w ia: .1- '(/) J: I- CD !~ r---.. 61 ~ (~ I i I, I ~ ,. . F \PPO\SHARElOPSPACEIMUNIPOOLlexh,b'tdl'lunooool wpd EXHIBIT 0.4 ELEVA nONS 6 I I, i . ! ! i r i I ; j , I I I I ! J : r I I. I: I I I I ! I ! . i II ! I I , ! i J ' ! I I . !1 I I )> I~ 10 I I 'm :1 I ! I ,-----: l i ~ ~ I t]tl,.,~ . ,: I . ! f ,4 . I i ~' , I ; i ~ I ! ij . . I I i ~J ; ul 'I ' S! I : c. f n ; , ~ j 'c~ I j' Ii :, I : IT f ~ t I!.I ii ~ j ! < II !:l;: I; ..J.... ~ !! ~ ~ i; ........ ' ~,; . ~~ I! J , . I ' I. I . II, - .J-. ll~ ~ ~ .::;; I~ 'i I r---- 'I I; II -t. -'-.-": ~ I' .I " , I I ! . ! I ! ~! !I' . m. : ~i 2i I , , .~, ~. ;I~ ~~ ~ :i i ~Ig li~ ~ ,; I :n I II '11 . I~ i ~ . I i ~ ~ ~ ~ I J [ ! rI I )"" I Ft--~ I ~'" j . I ~.- i I I h-T. i ILfi t I I' I . i /"'; ,.1' H il II U !l '( ~ I i I I ~ " .' qI ~ .' T [! ~ I ~ '; l! I ,. :1' rr .. ~ " ~ ;: :5 i --- I~ ) i~ ; I I ~ I "l ) n.:- i J -> i I ; I 1 I~. '-"' 1!"I ';~ I'" ;0 ~ I I 1 EXHIBIT E PROJECT MITIGATION MEASURES TRAFFIC, ACCESS AND PARKING 1 In order to accommodate the net parkmg mcrease due to Increased usage, the college shall designate a minimum of 24 spaces which will be available to pool users durrng peak hours (330-530 pm on weekdays and Saturdays) The 24 spaces shall be located m either Parking Structure A or C The precise location shall be determmed In the Jomt Operating Agreement entered mto between the City and the District 2 To discourage weekend pool users from parkmg on nearby residential streets, the City shall encourage weekend users to park In SMC off-street parking faCIlities through mformatlonal programs (bulletIn board notIces, mailer Inserts, etc.) 3 The nmety-slx parkmg spaces currently located on Parkmg Lot 8 which Will be lost due to the construction of the MUnicipal Pool faCilIty shall be replaced Until October 31, 1999, these replacement spaces Will be located at either the City's beach or airport lots The speCIfic requirements governing the use ofthe beach or airport lots, including parking location and schedule, shall be established in the Jomt Operating Agreement After October 31, 1999, the replacement spaces shall be proVided on the College campus 4 Information concerning appropriate bus routes shall be proVided to sWim team bus drivers In advance of any sWim meets Bus routes shall aVOid reSidential streets to access the site To minimize drop-off/plck-up actIvity along 16th Street, team buses shall be reqUIred to drop-off/plck-up sWim meet partiCipants along the PIca Boulevard frontage of the College 5 To minimiZe the potential for weekend sWim meet partiCipants to park on neighbOring reSidential streets, access and parking Information shall be included m all sWim meet materials to direct partiCipants to the proper parking location 6 Arrangements shall be made With SMC to permit parking of weekend sWim meet team buses In SMC surface parkmg lots 7. If sWim meets are proposed which Will take place on a weekday while SMC IS in seSSion, a parking management plan shall be prepared pnor to the event to ensure that suffiCient off-street parkmg IS available for meet partiCipants 1 AIR QUALITY/CONSTRUCTION 8 Contractors shall use water or other effective dust control measures to reduce fugitive dust emISSions 9 Frequent site clean-up near the access driveway shall be performed to prevent track-out of dIrt that could be pulverized by passmg cars 10 DUring construction the maximum practical distance buffers between seml- stationary on-Site equ Ipment such as generators, compressors, etc and the nearest pollution-sensitIve uses at homes across 16th Street and Instructional class rooms shall be maintained 11 ConstructIon related sOil dIsturbance actiVItIes shall be termInated dUring Santa Ana wind condItions, or use continuous watenng for dust abatement NOISE 12 A nOise barrier of no more than 18 feet in heigh, measured from eXisting grade shall be constructed to break all lmes-of-slght between the project sIte and resIdences to the west In addition to extending along the western boundary of the SIte, the barrier shall be located along the southern boundary The pedestnan entrance shall be deSigned wIth either a baffle (overlapped) panel or constructed to wrap around the northern edge of the side until no Ilne-of-slght relationship remains to any residence west of 16th Street 13 No sWim instructIonal actIVities Involving the use of attention-getting deVices such as whistles, bull-horns, shoutmg, etc. shall occur before 7 a m on weekdays or 8 a m on Saturday or Sunday 14 Gates shall remain closed on sWim meet days until 8 a m to deter early arrival or practice 15 No amplified sound or musIc shall be used before 9 a.m or after 7 p m unless use of such eqUIpment can be demonstrated to be Inaudible at the closest reSidences. f \ppd\share\opspace\mu mpool\ExhlbltE wpd 2 EXHIBIT F MUNICIPAL POOL STANDARD CONDITIONS Plans 1 This approval IS for those plans dated November 11, 1998 a copy of which shall be maintained In the files of the City Planmng DIvIsion Project development shall be consistent with such plans, except as otherwise specified In these conditions of approval ArchItectural Review Board 2 Prior to consideration of the project by the Architectural Review Board, the applicant shall revIew dIsabled access reqUIrements wIth the BUIlding and Safety DIvIsIon and make any necessary changes In the project design to achieve compliance with such requirements The Architectural Review Board, In ItS reView, shall pay particular attention to the aesthetiC, landscapmg, and setback Impacts of any ramps or other features necessitated by acceSSIbility requirements 3 Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of EnVironmental and Public Works Management regarding urban runoff plans and calculations 4 Construction period slgnage shall be subject to the approval of the Architectural ReView Board 5 Plans for final deSign. landscaping, screening. trash enclosures, and slgnage shall be subject to review and approval by the Architectural ReView Board 6 The Architectural ReView Board, In Its reView, scale and articulation of deSign elements, exterior colors, textures and matenals, window treatment, glaZing, and landscaping 7 Landscaping plans shall comply with Subchapter 5B (Landscapmg Standards) of the zoning ordinance Including use of water-conservmg landscapmg matenals, landscape maintenance and other standards contained In the Subchapter. 8 Refuse areas, storage areas and mechanical equipment shall be screened m accordance With SMMC Section 9041002.130-9.041002150 Refuse areas shall be of a size adequate to meet on-site need, including recycling The Architectural ReView Board In ItS review shall pay particular attention to the screening of such areas and eqUIpment 1 9 Before submlttmg the Project to the Architectural Review Board ("ARB"), the landscaping plan shall be prepared, Including a street tree plan, by a licensed California landscape architect Plants called for in the approved landscape plan that subsequently die shall be replaced on a one-far-one basis Construction 10 Unless otherwise approved by the Department of Environmental and Public Works Management, all sIdewalks shall be kept clear and passable dUring the gradIng and construction phase of the project 11. Sidewalks, curbs, gutters, paving and dnveways which need replaCing or removal as a result of the project as determmed by the Department of Environmental and PubliC Works Management shall be reconstructed to the satisfaction of the De- partment of EnVironmental and PubliC Works Management Approval for this work shall be obtained from the Department of EnVIronmental and Public Works Management pnor to Issuance of the bUlldmg permIts 12 Vehicles hauling dirt or other construction debns from the site shall cover any open load With a tarpaulin or other secure covering to minimize dust emissions. 13 Street trees shall be maintained, relocated or provided as reqUired In a manner consistent With the CIty's Tree Code (Ord 1242 CCS), per the specifications of the Commumty and Cultural Services DIVISion and the Department of EnVironmental and Public Works Management No street tree shall be removed Without the approval of the Community and Cultural Services DIVISion 14 All tree transplantation dunng the course of the Project shall be performed by a qualified arbonst, landscape archItect, or tree expert, to the City's satisfaction Trees that are to be reused on-site shall be boxed m appropnately-slzed containers and temporanly relocated to protect them from phYSical injUry 15 A construction penod mitigation plan shall be prepared by the applicant for approval by the Department of EnVIronmental and Public Works Management prior to IS- suance of a bUlldmg permit The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request As applicable, thiS plan shall 1) Specify the names, addresses, telephone numbers and busmess license numbers of all contractors and subcontractors as well as the developer and architect, 2) Descnbe how demolition of any eXisting structures IS to be accomplished, 3) IndIcate where any cranes are to be located for erectIon/construction, 4) Descnbe how much of the pu bllc street, alleyway. or Sidewalk IS proposed to be used In conjunction With constructIOn, 5) Set forth the extent and nature of any plle-dnvmg operations, 6) Describe the length and number of any tiebacks which must extend under the property of other persons, 2 7) Specify the nature and extent of any dewatermg and Its effect on any adjacent bUildings, 8) Descnbe anticipated contructlon-related truck routes, number oftruck tnps, hours of hauling and parking location, 9) Specify the nature and extent of any helicopter hauling, 10) State whether any construction activity beyond normally permitted hours IS proposed, 11) DesCribe any proposed constructIon nOIse mitigation measures, 12) Describe constructlon-penod secunty measures including any fencmg, lighting, and secunty personnel, 13)Provlde a drainage plan, 14) ProvIde a constructlon-penod parkmg plan which shall minimize use of public streets for parking, 15) List a deSignated on-sIte construction manager 16 A sign shall be posted on the property m a manner consistent With the publiC heanng sign reqUIrements whIch shall Identify the address and phone numberofthe owner and/or applicant for the purposes of responding to questions and complamts dunng the construction penod Said sign shall also indicate the hours of permissIble construction work 17 The applicant shall Insure any grafittl on the sIte is promptly removed through compliance With the City's grafittl removal program 18 A copy of these conditions shall be posted In an eaSily VISible and accessible location at all times dunng construction at the project site The pages shall be laminated or otherWIse protected to ensure durability of the copy 19. The CIty Engineer and all affected agencIes shall approve any construction detours, construction work requiring encroachment mto pubhc nghts-of-way, or any other street use activity (e g , haul routes) dunng construction 20 The hauling of dirt and demolition matenal and the delivery of construction material shall be prohibIted dUring the afternoon peak traffiC period CIty streets affected by the Project construction, shall be cleaned as necessary 21 Construction shall be scheduled and expedIted to cause the least amount of disruption and mterference to the adjacent vehicular and pedestrian traffic flow. 22 If human remains of Native Amencan origins are encountered during the Project development, construction shall be Immediately suspended, and the County Coroner's office and the Native Amencan Hentage CommiSSion shall be contacted to determine necessary procedures for protection and preservation of remainS, Including rebunal at the City's expense 23 In the event that cultural/archaeological resources are encountered on the project site dUring the course of Project construction, all earthmovmg actIVIty m the area of the resou rce s hall cease until the find mgs are exa mined, thel r slg nlflca nce assessed by the Director of Planning, the State Hlstonc PreservatIon Office IS consulted and recommendations are made for any appropnate procedures to either further 3 mvestlgate or mitigate Impacts to those cultural resources which have been encountered, mcludlng the City's payment of excavatmg costs 24 In the event that fossils are encountered durmg the Project excavation, all earthmoving activity m the area of Impact shall cease until the Developer retains the services of a qualified paleontologist, who shall examine the findmgs, assess their significance, and offer recommendations for any further mvestlgatlon or mitigation measures 25 General contractors shall maIntaIn equIpment engmes m proper tune and operate construction equipment so as to minimize exhaust emissions at all times dunng the Project development Such equipment shall not be operated durmg first or second stage smog alerts 26 Durmg construction, trucks and vehicles In loading or unloading queues should be kept With their engines off, when not m use, to reduce vehicle emiSSions ConstructIon actIvitIes shall be phased and scheduled to avoId emiSSions peaks, and discontinued durmg flrst- and second-stage smog alerts Excavation shall be dlscontmued dunng periods of high Winds 27 General contractors shall use reasonable and typical watenng techniques dunng Project development to reduce fugitive dust emiSSions All unpaved demolition and construction areas shall be wetted at least twice a day dUring excavation and construction, and temporary dust covers shall be used to reduce dust emiSSions and meet SCAQMD Rule 403. 28 Construction and demolition activities shall take place only during the hours and at the levels speCified for NOise Zone III (Institutional) m Santa Monica MuniCipal Code Chapter 4 12 ("NOIse Ordmance"). 29 Except as approved by the Planning Director, the project contractor shall schedule constructIon actlvltles to aVOid the Simultaneous operation of equipment such as air compressors, backhoes; concrete pumps, vibrators, or breakers; truck cranes, dozers, generators, loaders, pavers. pneumatic tools, water pumps, power hand saws, shovels, and trucks, so as to minimize nOIse levels resultmg from operatmg several pieces of high nOise level-emitting eqUipment 30 Construction equipment shall be fItted With state-of-the-art nOIse shielding and muffling deVices to reduce nOIse levels to the maximum extent feaSible dunng construction 31 Every reasonable effort Will be made to create the greatest practicable distance between nOise sources and senSitive receptors dunng construction operations 4 Environmental Mitigation 32 Ultra-low flow plumbmg fixtures are reqUired on all new development and remodeling where plumbmg IS to be added (Maximum 1 6 gallon tOilets and 1 0 gallon Urinals and low flow shower head ) 33 To mitigate solid waste Impacts, pnor to Issuance of a Certificate of Occupancy, the applicant shall submit a recycling plan to the Department of Environmental and PubliC Works Management for Its approval The recycling plan shall Include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled, 2) locatIon of recy"ng bms, 3) desIgnated recycling coordinator, 4) nature and extent of mternal and external pick-up service, 5) pick-up schedule, 6) plan to Inform tenants! occupants of service 34 To mitigate storm water and surface runoff from the project Site, an Urban Runoff MitigatIon Plan may be required by the Department of Environmental and PubliC Works Management (EPWM) pursuant to MunIcIpal Code Chapter 7 10. Applicant shall contact EPWM to determine applicable requirements, which include the follOWing o Non-stormwater runoff, sediment and construction waste from the construction site and parking areas IS prohibited from leavmg the Site, o An sediments or matenals which are tracked off-Site must be removed the same day they are tracked off-Site, o Excavated SOil must be located on the site and SOil piles should be covered and otherwise protected so that sediments do not go mto the street or adjOIning properties, o Washing of constructIon or other vehicles shall be allowed adjacent to a construction site No runoff from washmg vehicles on a construction site shall be allowed to leave the Site, o Dramage controls may be reqUired dependmg on the extent of grading and topography of the site o New development IS required to reduce projected runoff pollution by at least twenty percent through mcorporatlon of design elements or pnnclples, such as Increasmg permeable surfaces, diverting or catching runoff via swales, berms, and the like, orientation of drain gutters towards permeable areas, modification of grades, use of retention structures and other methods Miscellaneous Conditions 35 The bUildIng address shall be pamted on the roof of the bUilding and shall measure four feet by eight feet (32 square feet) 36 The operatIon shall at all times be conducted In a manner not detnmental to 5 surrounding propertIes or residents by reason of lights, nOIse, actIvIties, parkIng or other actions 37 Street and/or alley lighting shall be provided on public nghts-of-way adjacent to the project If and as needed per the specifications and With the approval of the Department of Environmental and Public Works Management 38. Final approval of any mechanical equipment installation Will require a nOIse test In compliance With SMMC Section 4 12 040 EqUIpment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor A copy of the nOise test results on mechanical equipment shall be submitted to the Community NOise Officer for review to ensure that nOise levels do not exceed maximum allowable levels for the applicable nOIse zone 39 Fmal building plans submitted for approval of a bUlldmg permit shall Include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical eqUIpment to be placed Indoors whIch may be heard outdoors MOnitoring of Conditions 40 Pursuant to the requirements of Public Resources Code Section 21081 6, the City Planning DIvIsion Will coordmate a mOnitoring and reporting program regarding any required changes to the project made In conjunction With project approval and any conditions of approval, mcludlng those conditions Intended to mitigate or aVOid Significant effects on the environment ThiS program shall Include, but IS not limited to, ensuring that the Planning DIVISion Itself and other City diVisions and departments such as the BUilding DIVISion, the EnVironmental and Public Works Management Department, the Fire Department, the Police Department, the Resource Management Department and the Finance Department are aware of project reqUirements which must be satisfied prior to Issuance of a Bu Ildmg Permit, Certificate of Occupancy, or other permit, and that other responSible agencies are also Informed of cond itlons relating to their responSibilities Project owner shall demonstrate compliance With conditions of approval In a wntten report submitted to the Planning Director and BUIlding OffIcer prior to Issuance of a BUIlding Permit or Certificate of Occupancy, and, as applicable, proVide penodlc reports regardmg compliance With such conditions 6 EXHIBIT G Original Development Agreement (without exhibits) 1 Cel ufr() vi :tt 5l{Sf3 ccS