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repealed or modified to that extent necessary to make fully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are hereby repealed or modified to that extent necessary to effect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
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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
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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
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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
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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
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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
'"'
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EXHIBIT 0.2
VEHICLE AND PEDESTRIAN ACCESS AND CIRCULATION DIAGRAM
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EXHIBIT 0.4
ELEVA nONS
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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.
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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
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