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Counal Mtg ~ecember ~5, 1998 Santa Monica, California
TO Mayor and City Council
~
FROM City Staff
SUBJECT Ordinance for Introd~act~on and Fi~-st Reading Approving Development
Agreement Amendment 97DEV-002, a Resolut~on Certifying the ~inal
Er~vironmentaf Impact Report 98-Q02, a R~solution Approving Adoptiar~ of
a Statement ot Overr~d~ng Cor~srdera#~ons and Adopt~on of A M~trgat~or~
Monitormg Plan Applicant City of Santa Monica Community and Cultural
Services Department
INTRODUCTIDN
The Santa Monica Community Callege Distr~ct and the City of Santa Monica have
agreed to enter into a Development Agreement Amendment to permit the
reconstructjon and expansion of the MunEC~pal Pool Fac~lity In order ta appro~e the
Development Agreement Amendment, the follawing actiflns are r~quired
1 Appr4ve fhe Resplution Csrtifying the Final Environmental Impact Repart
eWaluating the environmental impacts of the pro~ect proposed in the
Developmen# Agreement Amendment between fhe C~ty and Santa Manica
College Authorizing th~ De~elopment of the Muniapal Pool Replacement
P ro~ ect
2 Appro~e the Resolution making the CEQA findings necessary to appro~e the
Amendment to the ~evelapment Agreement concerning the Munic~pal Pool
site, anci adopting a Statement of Overndmg Cansiderations and Mitigation
Monitoring Plan
3 Introduce tor ~~rst read~ng an ord~r~ar~ee adopt~ng the proposed Frrst
Amendment to the De~elopment Agreement Amendment between the City
and 5anta Monica College Authoriz~ng the De~elopment af the Munic~pal Pool
Replacement Pro~ect
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DEC 1 51~48
An En~ironmental lmpact Report has been prepared for t~is pro~ect which identifies one
unmitigatable traffic impact However, g~ven the public benefit of a new Municipal Pool
facility, the Planning Commission and staff recommend adoptian of a Statement af
O~erriding Considerafions
BACKGROUND
Pro~ect Descriptian
Proposed ks an amendment to the existing Development Agreement between the City
of Santa Monica ~rtd the Santa Monica Community College District ta allow the
replacement and relocat~on of the Municipal Pool facility on tf~e College Campus on the
site of the existing Parking Lot $ and w~thin the open space setback ad~acent t~ Parking
Structure C and 16~h Street Parking Lot 8 is located on the site of Parking Structure B,
wE~ich was demolished as a result of damage from the 199~ Northridge earthquake
The Dev~lopment Agreement Amendment fs included in Ariachment A
The Development Agreement Amendment vests the de~elopment entitiements for the
Municipaf Paol on this specific s~t~, i~corporates fhe En~iror~mental Impact Report
mitigation measures, locates pedestrian and ~ehicular access, and requires specific
cond~t~ons tor the development based on t~e schemat~c des~gr~ draw~ngs, irrclud~r~g
landscaping, Department of En~ironmental and Public Works Management, and
Architectural Review Board requirements
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Pra~ect Desiqn
Proposed is a 5D-meter competit~on paol, an 80 foot by 75 faot ~nstructional poof, an
approximately 7,~00 square foot, 2-story pool building, a 1500 square foot pool
equipment building, 2200 square foot pool storage build~ng and 2~,800 square feet of
deck and landscape~ area The pro~ect plans are included in Attachment K The main
entrance to the pool facility w~ll be through the eastern side of the poal office, allowing
for controlled access The facility will have an approximately 18 foot ~igh sound wall
afong the entire western edge fac~ng 16`h Street The sound wall, which will be the main
element ~~sible from #he stree#, wdl be constructed with a concrete block base of
approximately fo~r feet and approximately 13 feet of p[astic sound baffle modules The
one story pool starage building at the southern edge of the site mclt~des a sec~ndary
pool entrance and pool equipment rooms
Use
The new Municipal Pool facility will be ~ointly operated by the College and the City's
Department of Community and Cultural Services The hours of operation, staffing
requirements, permit parking regulatians, maintenance and other operating functions
will be established in a Joint Operating Agreement between the College and the City,
which will be entered into a#ter the De~elopment Agreement Amendment ~s appro~ed
TF~e detarls ot th~s agreement will be t~rta~~zed pr~or to t~e eommencement ot operat~or~
Although the exact hours of programming wilf ~ary according to season and demand,
the use of the faality, by either party, w~ll start no earlier than 5 15 a m on weekdays,
7 a m or~ Saturdays, and 8 a m on Sundays, and end no later than 9 30 p m on
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weekdays and 5 p m on the weekends, except for special e~ents and programs such
as sw~m meets Develapment Agreement mrtrgatcon measure # 13 req~rrres that Ro
instructional activities involWing whistles, bull horns or shouting will be perrnitted prior ta
7 a m on weekdays, and 8 a m or~ weekends Mitigation measures # 4, 5, and 6 afso
require that bus route, bus parking, and participant parking information be prov~ded m
ad~ance of swim meets to minimize neighborhood impacts due to special events
Parkinq, Access, and C~rculatian
Vehicular Access and Circulation
Vehicular access will occur ~ia Pico Baule~ard at 17~~ Street wEth park~ng availabie m
e~ther Parking Structure A or Park~ng Structure C as to be determined in the Joint
4perat~ng Agreement. Vehicles will anter from Pico Boulevard and, once on the
campus grounds, will proceed west and enter Parking Structure A, which is ~mmediately
to the west of the main Pico Boul~vard entrance, or turn sauth, and proceed toward
Parking Structure C If necessary, vehicles may use the pool dra~-aff lane, in front of
the pool fac~lity main entrance, and then enter Parking Structure C There will be four
additional handicapped spaces at the ground level western corner of Parking Structure
C, which will have direct access to the Municipal Pool entry The College shall
designate 24 addit~onal spaces during peak use hours to accommodate the expected
~RCrease rn users dr~e to t~tcreased programmmg
The primary bus stop serving the poal will be the Pico Boulevard bus stop ~ust east of
16th Str~et Team buses will make ad~ance arrangements to park in one of the college
surface parking lots
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Pedestrran Access
Pedestrians may access the pool facility fram the ~ 6`h Street sidewalk A pedestrian
path at the northern site perimeter wi~l lead to the ma~n entrance of the site's eastern
s~de Pedestrians wafking from their cars parked in either Structure A or C w~ll also use
this entrance This entrance is at grade I~vel, and does not require a hand~capped
access ramp The viewing deck is served by an ele~ator, ta enable handicapped
access to the second floor There w~ll also be a secondary controlled pedestrian access
for college users at the southern edge of the site, which wEll only be open during the
hours that the college is using the pool
DEVELOPMENT AGREEMENT
A Development Agreement is a cor~tract between the City and a developer whECh
authorizes the type and amount of development within a specific period of time
Typ~cally, in Santa Monica, de~eloprnent agreements have provided develapers with
guaranteed development rights in exchange for public benefits A development
agreement must comply with the General Plan and Specific Plans but can supersede
zoning regulations by establishing its own specific set of development standards
The C~ty and the Sarrta Mor~rca College Board of Tr~stees entered into a Development
Agreement in November, 19$9 to set forth the design and construction requirements for
two parking structures, Parking Structures A and C, both of which were completed as
described in the Agreement T1~e preferred site ~or the Mun~cipal Paol fac~lEty has been
identified as the open space on the wes~ern edge of the campus, ad~acent to Par[ang
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Structures A and C The 1989 Develvpment Agreemen# gvverns de~elopment in this
area In order to b~aild an thrs s~te, the ex~stirrg Development Agreement must be
amended
The Develapmer~# Agreement amendment outlines the parameters for the specific
MunECipa{ Pool faci~ity for which the attached Final Environmental Impact Report was
prepared The City recognizes that the College is undergoing an extens~ve master
planning process and the Municipal Pool facility is one part of this pro~ect The Master
Plan pro~ects were considered as parF of tMe cumulative pro~ects in the Murncipal Pool
er~Wironmental ana[ysis The College would like to expand existing Parking Structure C
to replace the parking spaces that were lost when Structure B was dem~lished as well
as to provide additional parking spaces Since Park~ng Structure C was autharized by
the 1989 De~e[opment Agreement, any modification to tF~~s structure would require a
separate De~elapment Agreement Amendment Such an amendment can only accur
following com~let~on of additional en~ironmental analysis once the College campletes
the parking structure expansion schematic design
The De~elopment Agreement amendment sets forth all the developmen~ standards,
mitigation measures, and re~iew procedures for the completion of the Municipal Poal
Facil~ty As ~roposed, t~e follaw~r~g Developrrzent Agreement sect~or~s are amended or
added
Paragraph 2 Descr~ption of the Property (amEnded to include the Municipal Pool site,
includmg bot~ surface Parking Lot 8 and the ad~acent open space)
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Paragraph 3 Description of the pro~ect (amended to mclude proposed Municipaf Pool
facEl~ty)
Paragraph 4 Approved uses (amended to ~nclude parkmg for pool users)
Paragraph 5 T~m~ng of construction (amer~ded ta mclude construction timing for the
proposed pro~ect)
Paragraph 6 Pro~ect mitigation (added to include mit~gation measures from the
Murncipal Poal EIR)
Paragraph 7 General Serv~ces, naw Department of Environmental and Public Works
Management, requirements (amended to mclude specifc reqwrements
for the Mun~cipal Poal pro~ect )
Paragraph 9 Effect of Agreement on land use regulations (amended to include
discussion of the replacement of Parking Structure B}
Paragraph 18 Not~ces (amended to include appropriate City departments}
Exhibit A Legal description of property {amended)
Exhibit B ~andscapmg requ~rements (amended~
Exh~bit G Public Works requirements (amended)
Exh~bit D Site plans access and circulat~on [added)
Exhibit E Mitigation measures (added)
Exh~b~t F Standard Conditions for the Mun~cipal Pool Faality (added)
Exhtb~t G The ongmal Development Agreement w~thou# exhibits, as all exhib~ts are
changed by the First Amendmenf ~added)
CEQA ANALYSIS
An Environmental Impact Report (EIR}lEnvironmental Assessment ~EA) was prepared
for this pro~ect Since the Federal Emergency Management Agency ~FEMA) and
HoUSmg and Urban De~elapment (HUD) have discretionary approval of federai funding
tar portrons of thrs ~ro~ect, an EA was prepared ~o sat~sty federal er~v~ror~menta~ review
requ~rements Although a ~oint document was prepared, the City oniy #akes action on
the EIR Therefore, only the EIR is referenced in this staff repart
Copies of the draft ElR were distributed to the City Council and notices of availab~lity
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were sent to the Planning Commission at the beginn~ng of the 45 day public review
period, which closed an October '!6, 1998 A total of 3 comment letters were received
These comment letters, as well as the respanse to comments, are included in the final
EIR One camment letter from #he Gran# Gardens Homeowners Assoc~ation was
submittEd after the close of the comment period (Attachment I} This comment letter
addresses the potential neighborf~oad impacts of specific elements of the pro~ect
design The fetter states the Associatian's preference for the proposed pro~ect, which
has no exit anto 16'h Street, that the noise barrier should be constructed along the
north, west and south boundaries of the M~nicipal Pool fac~lity, and that afl the
mitigat~an measures m the DEIR should be implemented The Assaciation also
requested that the Santa Monica College parking structures be open on the weekends
when the Municipal Pool facility ~s in use, that the secondary entrance be monitored at
all times and be strictly for college use, and that the haurs prohibiting whistles, shouting
and bullhorns begin later in the day than specified in the EIR All mitigation measures
tdentified in #he EIR shall be im~lemented as part of the Develapment Agreement
Amen~ment The ma~ority of th~ Association's additional requests are also addressed m
the DeWelopment Agreement Amendment Issues relating to bus parking, the hours of
the parking facilit~es, monitoring of the secondary gate, and noise restnctions wiCl be
addressed in the Joint Operat~ng Agreement which will establish the parameters of the
facr~~ty's shared use The requrrements of this operating agreement shal~ cover the
Eocatian of pool user parking and the hours of operatEan for the parking structures, and
maintenance and staffing of the Paol Faality This Agreement shall be finalized prior to
the completion of canstruction of the Munic~pal Pool facil~ty
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No unmitigatable impacts were ider~tified m the areas of Air Quality, Noise, Artif~cial
L~ght ShadelShadow, Aesthetics, Police Protection, Construction Empacts, and
Ne~ghborhood Effects With adoption of the recommended mitigation measures, the
EIR determined that these jmpacts could be reduced to below a significant {eveE As
discussed befow, the anly sign~ficanf impact t~af coufd not ~e mitigated was in fhe area
of TrafficlAccesslParking relating to additional trEps on neighborhood streets
Traffic
The EIR determ~ned that the pro~ect would resuit m a significant ne~ghborhood impact
that cauld not be mitigated due to increased traff~c on Pearl, 14~" and 16'h Streets The
City has strict standards by which traffic impacts to the ne~ghborhood are anafyzed The
significance criteria far neighborhood traffic impacts defines the addition of any new
trips to a residen#~al street which has daily volumes greater than 90 percent of capacity
as significant As 14th,16th and Pear[ Streets currently function at greater thar~ 90
percent capacity, the addition of any new trips generated by ihe pool pro~ect result in
s~gnificant neighborhoad traffic impacts that cannot b~ mitigated The proposed pro~ect,
with no ~ 6th Street access, would add 21 aWerage daily ~rips on weekdays, and 17
a~erage da~ly trips on weekends, to 16th Street The additional trips, both curnufafive
and those ge~erated by the pro~ect wauld result m 0% increase for Pearl Street, 0 3%
mcrease tor 14`h Street ar~d 0 1°~o rr~crease tor ~ fi~h Street
Due to the increase in trips, which cannot be mitigated, a Statement af O~erriding
Considerations would be required to approve the proposed pro~ect Staff ~~I~e~es that
the public benefit of relocating of the Municipal Pool to this site, enabling the 374
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spaces from Park~ng Struct~re B to be replaced at the interior of the college campus
and thereby reducing impacts on ad~acent neighbars, combined wi#h the public benefit
of a new Munici~al Paol fa~ility which m~ets C~ty goals for improved and expanded
aquatic faci~ities, outweighs the trafFic impacts of an addition af no more than 0 3% da~ly
trips to the immediate neighborhoad
Alterna#ives
The EIR also cor~sidered alternatives to the proposed pro~ect, as follows
1 The no-pro~ect alternati~e assumes the replacement of the Poo! Facdi#y an the
existing site, and the replacement of the Par~Cing Sfructure B on its former site,
res~tlting in greater impacts in all categones except for Police Protection and
Construct~on Impacts than the proposed pro~ect with no 16th Street access
2 The EIR studied two alternate optEans for the 16`h Street site mbound access
only from 16"' Street, or outbound access only to 1~r`' Street in analyz~ng these
options th~ Ei R determined that the proposed pro~ect is the en~ironmentally
superaor opt~on with the fewest impacts (Attachment J, Final EIR, Table 54, p
Vl-4} Bath afternative access options had greater impact far Traffic, Access
and Parking, and Neighborhood Effects
PLANNING COMMISSIQN ACTION
On November 18, 1998, The Planning Commission unanimously voted to recammend
to the City Cauncil certificatior~ of the Final En~ironmental Impact Report and adoption
of a Statement of O~erriding Consideratians and approval of the De~elopment
Agreemen# Amendment The Planning Commission Staff Report is included as
At#achment B A Copy of the Statement of Qfficial Action is mcluded as Attachment C
The Planning Commission commented on spec~fic operating procedures, not~ng that the
weeke~d haurs for paol use ended at 5 00 p m, and that there could be a demand for
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weekend pool use that would extend later into the e~ening hours Although addit~onal
ertvironmental analysrs wouPd be requrred ta deterrnine any possrble impacts of
extended hours, the Commiss~on recommended that the Counc~! consider authorizmg
the additional study to allow the flexibility to extend weekend hours later in the evening
StafF supports this recommendation, but beiieves that the additianal analysis should
include neighborhood inpuf and be conducted when the new pool faci]ity's final
operating budget is being prepared
~n addition, the Planning Commiss~on ~ncluded in its recommendatian operat~onal
mechanisms that wauld build i~ incentives #o encourage ~sers to take the bus or use
alternati~e modes of transportaiion, and to rnake a policy to gi~e hiring preference to
Pico Neighborhooc~ youth
PREVIOUS ACTIONS
The City's recent long-range plann~ng process for open space and parks identified the
need for impro~ed and expanded aquatics facilities as a top community prior~ty In
response, the City Council approved the appropriation of $3 9 million in th~ City's FY
1997-98 Capital Improvement Program Budget to replace the City's existing pooE facElity
locatecf on the Santa Monica Callege campus Originally, it was assumed that the
pro~eet inrould be constructed w~t~rn tf~e extstmg footprrnt of the eurrent Mr~n~cipal Poo~
site, located within the northwestern section of the campus
In the wake of the Nor~hridge Earthquake, wh~ch damaged a number of key bu~ld~ngs
on the campus, the College mitiated a master pEanning process to guide the physical
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reconfiguration of the maEn campus to best meet its educational mission This effo~t has
~nvol~ed numerous eammun~ty meetmgs and focus groups ta assess issues and
priorit~es and evaluate a range of land use options The pracess culm~nated in review
and action by the Santa Monica College Board of Trustees earher this year Supporting
the inclusion of the new Municipal Pool on the College campus, the master planning
effart ident~fied several potential sites for the pool that would meet the CoElege's goal to
create a unified and effiaent campus layout and also meet the City's desire for an
expanded aquatics facility that is physically accessible to the public As part of their
mast~r plan pracess, the College publicly presented two final site opfions for the pool
1 Rebuilding the pool on the ~xistmg site ~n the mt~rior af the campus, resulting in
the rebuilding of the demalished Parking Struct~re B at its previous 16th Street
location, which is currently #emporary surFace Parking Lot 8 Parking Structure B
was a four story structure with 374 parking spaces that was severely damag~d in
the 1994 Northndge Earthquake and subsequently demolished Acc~ss was
prov~ded from 16t" Stree#
2 Rebuilding the pool on the site of surFace Parki~g Lot 8 and on the ad~acent
green space at the edge of the College campus along 16'h Street, combined with
the expansion of Parking Structure C on a part~on of the old pool site
Relocation of t~e Municipal Paol facility to th~s s~te would preclude the
reconstruction of Parking Structure B on fhe site where it was originaEly located
Therefore, construction of a replaceme~t structure with a minimum of 374
spaces efsewhere or~ the Coflege campus woufd be necessary
In September, 1997, the City Council approved the award af a cons~ltanf contract for
~he des~gn of the new pool facility to Killefer, Flammang, Purtill Archifects with Rowley
Interr~at~ona] as poof sub-consultants S+nce then, the to~lowrng act~vrties have taken
place
1 Two community meetings to introduce the community to the project and the in~tial
program and to further assess neighborhoad and community issues to
supplement the outreach efforts conducted by Santa Manica College
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2 A preliminary evaluation of the two site options ~ncluding a determination of
w~at fac+[+ties could be acc~mmodated on each s~te, prel~mmary analys~s of
noise and circulat~on impacts and possible mitigations, and pre~iminary cost
estimates
3 ReWiew and desEgnation o~ the 16th Street site as the preferred site and the
existing pool s~te as the pro~ect alternative site by the City Council on November
25, '1997
4 Development of a concept design for the new facdity along 16th Street, based on
mput from user groups (including seniors, persons with disab~l~t~es, and
competiti~e, recreational, and instructional swim part~cipants), 16th Street
ne~ghbors, and staff af the Santa Monica College anci City aquatics pragrams
5 Completion of a Draft Environmental Impact Repo~t assessing the impacts
associated with replacement of the pool on the preferred site along 16th Stre~t
as well as on the existing poof site, and concluding that the ~6`h Street Site is
preferable ~n terms of en~~ranmental impacts
6 Completion of a draft Development Agreement Amendment between the City
and Santa Mon~ca College ta permit the pool facility to be built along 16th Street,
and appraval of the agreement by the Santa Manica Callege Board of Trustees
at their No~ember 2, 1998 meeting
7 As outlined above, at the November 18, 1998 pub[ic hearing, tf~e Plannir~g
Commiss~on unanimously recommended to Gity Council to certify the
En~ironmental Impact Report, Adopt a Statemer~t of Overriding Considerations,
and approve the Developmant Agreement Amendment
8 At their November 19, 1998 meeting the Parks and Recreation Commission
unanimously recommend~d to City Council approval of the pro~ect
Should the Counci~ apprave the Development Agreement and certify the EIR, the
fiollowing steps must occur before construction begins
~ Approval of destgn by tt~e Are~t~tectural Re~iew Board
2 Develapment of protect design and construction documents
3 Award of construction contract
Completian af construction is estimated by the first quarter af 200Q. This presumes an
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accelerated des~gn process g~ven the f~nding deadlmes requ~red by the U S
Department af Housing and Urban Development (HUD) for use of Community
Development B~ock Grant Supplemental Earthquake Funds which have been
apprapriated to support this pro~ect
PUBLIC NOTIFICATION
Pursuant to Mun~cipal Code Section 9 48 110, notice of the publ~c hearing was mailed
to al€ owners ar~d residential and commercial tenants of praperty located within a~OD
foat radius of the pro~ec# site and publ~shed in the Argonaut at least ten consecutive
calendar days pr~or to tha hearing A copy of the notice is contained in Attachment G
In addition action of the City Council, Planning, and Parks and Recreation
Commissions, the City i~as hefd a total of 3 neighborhood meetings on the proposed
pro~ect an introductEOn of the pro~ect to the community an November 6, 1997, a design
workshap on December 4, 1997, and a focus group meeting on October 7, 1998 to
re~iew the plans, model and Draft Envtronmental Impac~ Report
BUDGETIFINANCIAL IMPACT
The pro~ect is funded by the City's General Fund, Federal Emergency Management
Agency (FEMA}, and Community De~elopment Block Grant Supplemental Earthquake
Funds ~n the €o!low~r~g aecounts
01-740-51 'f -20p98-8900-99664
01-740-481-20Q9$-89D0-99421
19-74Q-511-20098-8900-99fi~4
~ 3-500-402-$6524-5501-13005
01-740-511-20099-8900-99664
70TAL
~1,761,691
157,'k 91
1,527,~61
174,643
450,000
$4,071,086
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A preliminary cost estimate completed in November 1998 on the concept design has
rdentrfred a construct~on budget of $4,987,65~ The estimate mcludes mcreased costs
from earlier estimates ~m No~ember, 1997} due to ~efocation of the pro~ect on the 1 Eth
Street site, current poal configuration and constructian costs which have increased
significantly sinc~ the previous estimate, and ava~labifity of more detailed information
The shortfall of funding will be submitted for cansideration in de~elopment of the FY
1999~00 Capital Improvement Program, ar~d any addit~onal funding should be made
a~ailable with the award of construct~on contract (anticipated in mid-1999) Hence, na
additianal budgetary actions are needed at this time Staff contmues to rEfine the
pro~ect, and is currently re~iewing a~roposal from FEMA for additional funding
RECQMMENDATION
It is recommended that #he Council take the following actions
~ Approve the Resolution Certifying the Final Enviranmental Impact Report
~~aluating the enWironmental impacts of the pro~ect proposed in the
De~eEopment Agreement Amendment betweer~ the City and Santa Monica
Gol[ege Authorizing the Development of the Municipal Pool Replacement
Pro~ect, and
2 Ap~ro~e #he Resolufian makmg the CEQA findmgs necessary fo appro~e the
Amendment to the Develppment Agreement concerning the Municipal Pool site,
and adopting a Staternent of Overriding Considerations and Mitigation
Monitonng Plan, and
3 Introduce for first reading an ordinance adopting the proposed First Amendment
to the Development Agreement Amendment between the City and Santa
Monica College Author~zrng the Developmer~t of #he Municrpal Pool
Replacement Pro~ect according ta the following f~ndings
DEVELOPMENT AGREEMENT FINDINGS
The proposed Development Agreement is consistent with the ob~ect~ves,
pol~cies, general land uses and programs specified in the general plan and any
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applicable specific plan, in that the pro~ect ~s cans~stent with Land Use Element
Policy 1 11 ~, which states
"Encaurage development of parks and recreation
facilities to rneet the needs of both resident and day time
population with particular attention to middle size parks
and play I~ts geared to families with chddren "
As praposed, the Munic~pal Pool facility will provide a ~aluable recreatian fac~lity
that serves ~oth the residential community of loca! families and citizens as well
as the a~erlapping day tEme and residential community of Santa Monica College
students The proposed desEgn, which includes bath the shallaw instruct~on/
recreation pool designed for safe use by children, and the farge, full size
campetition poal, which pro~i~es for the needs af the college students as well
as adult swimmers, complies with this Land Use Element policy by pro~iding a
recreational facility for both fam~lies and individuals
A new Mur~icipal Pool facility will also address the cammuni#y priority far the
expansion of recreationa~ aquat~c facilities identified m the Parks and
Recreation Master Plan process, and the Master Plan strategy of developing a
new competitive and instructianal pool complex at Santa Monica College Draft
Open Space Element Policy 2 2 encourages the expans~on af open space
through shared use af certain fac~lities, and Policy 2 3 encourages the
improvement of school sites as public open spaces The Municipal Pool facility
rneets both af fhese policies by improving fhe public poal facifi~ies and creafing
a new aquatic center at the Sant Monica Co[lege campus
The Muniapal Pool Facility is also consistent with Land Use Ob~ective 1 1, to
improve the qual~ty of life for all res~dents by pro~iding a balance of land uses,
and encourages making Santa Monfca a more ch~ld-friendly environment by
providing recreational facdities
2 The proposed ~eveloprnent Agreement Amendment is compatibfe with the
uses authorized m the district in which the real property is located, ~n that the
sub~ect property is located in the R2 distnct, which perrnits both public parks
and schoa! uses, and is also located in the Public Lands Overlay District, which
permits recreational facilities
3 The proposed De~elopment Agreement Amendment is in conformity with the
public necessity, public con~enience, general welfare, and good land use
pract~ces, in that it allows for the relocation af the Municipal Poal to a site where
the development of the pool use will have fewer impacts an the ad~acent
neighborhood than the rebuilding of a four level parking structure at the site
The De~elopment Agreement Amendme~t permits Santa Mon~ca College to
implement this portion of the College Master Plan, elirnir~ating the surFace
parking lot at the proposed pro~ect site while reducing the amount of college
traffic which exits and enters onto ~ 6`" Street
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4 The proposed Development Agreement Amendment will not be cletrimental to
the health, safety and general weEfare, in that it allows a use that is cansistent
w~th the ~and Use and CErculat~or~ Element as well as th~ araft Open Space
Eiement and Parks and Recreation Master Plan, which identify aquatic uses as
a cammunity priority
5 The proposed Development Agreement Amendment wiil not adversely affect
fhe orderly de~elapment of the property, in that the De~elopment Agreement
Amendment facilitates the relocation of the pool facility to a site that has been
~dent~fied by the Fina! Env~ro~mental lmpact Report as hav~ng fewer traffic and
neighborhoad effects impacts than the alterr~ati~es studied, incluc~ing the ~`no
pro~ect" alternative In addition, the relocatior~ of the pooi faci[ity, as established
by #he Development Agreement Amendment, allows for the future development
of the current pool site, if the ca[fege so chooses The mitigation measures and
cand~tions required by the Development Agreement Amendment ensure the
construction and operation of the pool use in a manner tha# has a min~maf
impact to the surrounding community
8 The proposed De~elopment Agreement will ha~e a positi~e fiscal impac# on the
City in that the proposed new Mun~cipal Pool facility wifl include state-af-the art
heating and fiitration systems w1~~ch will maximize energy eff~aency Although
the operating costs of #he facility will increase due to the expanded size, the
cost per person served will be reduced due to grea#er energy eff~cier~cy and
water conservation features
Prepared by Suzanne Frick, Director
Karen Ginsberg, Planning Manager
Amanda Schachter, Senior Planner
Sarah Le~eune, Associat~ Planner
City Pfanning Div~sion
Planning and Community De~elopment Department
Barbara Stinchfield, Director
Brett Horner, Senior Analyst
Community and Cul#ural Ser~ices ~epartment
Attachments
A Amended De~elopment Agreement
B Planning Cammission Staff Report, November ~ 8, 1998
C Statement af 4ff~cial Action, Planning Commiss~on Meeting, No~ember 18,
1998
D Resolution Certifying Environmental Impact Report
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E Reso[ution of 5tatement of O~erriding Cons~derafions
F Ord~nance App~-oving Arnendment Number One
Agreement
G Natice af Public Hearing
H Radius and Location Map
I Carrespandence
J Final EIR
K Site Plan, Floor Plans and Elevations
SDL
F 1PPD~,SHAREIOPSPACEiMUNIPOOL1CCstffrpt wpd
December 9, 1998
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To the Development
-1s-
ATTACHMENT A
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RECORDING REQUESTED BY
AND V4'I~N RECORDED MAIL TO
CITY OF SANTA ~ZONICA
1585 Main Street, Room 212
Santa ~Ton~ca, CA 94401
Attention Plann~ng Director
Space Above Line For Recorders Use
1Vo Recordmg Fee Rec~uired
Government Cade Section 27383
AMENDMENT' NUA~BER ONE TO
DEV~LOPI~~NT AGREEMENT
-Chis Amendment ~Vumber One to Development Agreement {"First Amendment"), dated
for reference purposes December _, 1998 ~s entered into by and between the CITY OF SANTA
MO~IICA, a murnc~pal carporation (here~nafter "City") and the SANTA M0~1ICA
C0~~~1L'1`ITY COLLEGE DISTRICT and T~~ BOARD OF TRUSTEES OF SANTA
h1QNICA CO~~~1LrVITY COLLEGE DISTRICT (here~nafter referred to as the "D~strict" and
the ~~Board of Trustees'' respectively), and is made with reference to the fallowing
RECITALS
A C~ty and District and Board of Tn.istees entered into a Development Agreetnent dated
No~ember 1~, ] 989 ("Ongmal Development Agreemenf~}
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B The Orig~nat Develapment Agreement affects that certarn reai property described in
Exhibit "A," Nos 1 and 2, attached hereto
C Pursuant ta the terms and cor~d~tions of the Ongmal Development Agreement, the Crty
approved a plan for the development of two {2) parking structures now commonly known as
"Park~n~ Structure A~' and "Parking Structure C"
D Prior to the execution of the Original Develapment Agreement by the City, the City
Counc~l of the Gity of Santa h~onica ("City Counc~l") (1) duly adopted Ordinance No 1502
(CCS) on l~Tovember 14, 1989, approvin~ the Orlgmal De~elopment A~reement, (2) authonzed
the City Manager to execute the Onginal Development Agreement an behaif of the City, and (3)
certified the or~~inal final Environmental Impact Report on the Pro~ect
E Pursuant to the terms and condit~ons of the Onginal Development Agreement, Parkmg
Structure A and Parking Structure C were developed
F The parties desire to amend the Origmal Develapmen# Agreement to authorize the
replacement and relacation of the n~unic~pa! Poo! currently lacated on the campus of Santa
h•~anica College ("S'~iC") in Santa Monica {"I~~un~clpal Pool Facil~ty") '~Zore specifically, the
parties desire to amend Paragraph 2 relat~r~g to the descript~on of the Property, Paragraph 3
relat~ng to the descnption of the pra~ect, Paragraph 4 relatin~ to appraved uses, Paragraph 5
r~latmg to the tlmin~ af ca~str~zct~on of the pro~ect, Paragraph b relatmg to pro~ect mitigation
2
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measures, Paragraph 7 relating to General Sernces Requirements, Paragraph 9 relatmg to effect
of agreement on land use regulations, Paragraph 1$ relating to notices, Exhibit A relattng to the
site le~al descnption, Exhibit B rela~~ng to landscap~ng requirements, and Exhibit C relating to
public ~~~orks requ~rements and to add Exhibit D relatmg to project site plans, access and
circulation plans and elevat~on plans, Exhibit E relating to pra~ect mit~gat~on measures, Exhibit F
relating to ti•Tun~c~pal Poo1 Facility standard condrt~ons, and E~ibit G wh~ch constitutes the
Or~g~nal Development Agreement w~thaut exhibits
G The illunicipal Pool Facility will be developed in the designated open space set back for
Parking Structure C and m Parking Lot S This First Amendment relates only to that
development and does not otherwzse change the physical development of Parking Structure A and
Parking Structure C already approved by the City and constructed by the District
H Park~n¢ Lot S currently provides 9b surface level parkmg spaces This parkting lot is
located on the site of former Parkmg Stmcture B Parking Structure B cansisted of four le~els
above-Qfade and contained 374 parking spaces This parking structure incurred significant
structurai damage due to the I~orthridge Earthquake and v~jas subsequently demollshed The Crty
supports the construction of a rep~acement parking structure on the Sh1C campus w~thin the next
five ~~ears ~~ hich ~vould conta~n a m~rvmum of 374 spaces The actual replacement parking
structure v~-ould be sub~ect to Gty d~scret~onary review and approval after a complete
en4~ronmental anal~rsis has been conducted in accordance w~th the Cal~forn~a Envtronmental
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Quahty Act {Caf~forn~a Public Resources Code Section 2100Q et seq ("CEQA"} a~d C~ty
standards
I A Draft Env~ranmental Impact Report was prepared by Christopher A Jasep~ &
Associates for the C~ty with res~ect to the amendments to the Deveiopment Agreement contained
in this First Amendment and circulated for public comment, all in compliance with the Caiifornia
Env~ronmental Quality Act {the "DEiR") Comments on the DEIR were rece~ved from members
of the puh~ic and a final Environmental Impact Report was prepared and duly considered by the
Santa ~~son~ca Plann~n~ Commission in connection with its rev~ew of this First Amendment The
C~ty Council similarly reviewed and considered the informatjon contained in the final
Env~ronmental Impact Report pnor ta approv~ng this First Amenc~ment
J The City has complied with all procedures requ~red by Californja Gavernment Code
Sect~on 65864 et seq and Santa Monica Municipal Code Sectians 4 4$ 014 et se~c regarding the
processing of th~s First Amendment, ~nciuding Santa R4onzca Murucipal Coe3e Sectton 9 48 170
which authorrzes arr~endment, in.~hale ar in part, of ex~st~ng development agreements, by, among
other thin~s, completmg the follow~ng
1 The Plannin~ Commiss~on ~-eld a du~y-noticed pubiic hear~ng on the Ftrst
Amendment on No~~ember 1 S, 199$ and made its wntten recommendations to the City Cour~cil in
accordance u~ith 5anta Manica Munccipal Code Sect~on 9 48 130
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2 The Crty Council held a duly-noticed public heanng or~ the First Amendment
Follo~~~ing complet~on af the publEC hear~ng and consideration of the recommendation of the
Plann~ng Comm~ssion, the Crty Council adopted an ord~nance approvmg the Fcrst Amendment and
authonz~ng the City Manager to execute th~s Agreement
K Unless atherwise prov~ded, all terms used here~n shall have the same meaning as in the
Or~g~nal De~~elopment Agreement
L The provisions of this First Amendment are consistent w~th the City's General Plan for
several reasons, including, wlthout hm~tahon, the followmg
(1) Land Use Efement Ob~ective i I[improve t~e quaIity of life for a[I residents by
providing a balance of ~and uses] encourages making Santa Monica a more child-friendly
env~ronment by pro~iding recreat~onal facilrties The Munic~pal Poal Fac~lity prov~des both a
competltion pool and a large recreational pool to accom~nodate the community's identified
aquatic needs
(2) The Draft Open Space Element Pal~cy 2 2 encourages the expansion of open space
through the shared use of certam fac~Iit~es and Po~icy 2 3 encourages the improvement of school
sftes as publ~c open space The l~~unicipal Pool Facility expands and impraves upon the Crty's
ex~st~ng publ~c pool facil~t~es b~~ creating a new aquatic center on the S~1C campus
h~ ~~~~~
NOV4', THEREFORE, in cansiderat~on of the covenants and cond~t~ons ~ereinafter set
forth, and for other ~oad and valuable consideration, the rece~pt and sufficsency af which are
herei~y ackna~vled~ed, the partres hereto da hereby agree tnat the Or~ginal Devetoprnent
Agreement shall be amended in the following respects, such amendments to be applicable as ofthe
Effective Date
1 Paragraph 2(Descrtpt-on af Property) ~s hereby amended in full to read as follows
The Property described ~n Exhibit A cons~st~ng of two {2) lots
cammonl_y known as "Parking Structure A" and "Parking Structure
C" and the approximate~y 57,350 square foot parcel on ti~e wes#
side of Santa Man~ca College upon wh~ch the Mun~c~pa1 Pool
Facil~ty ~~~ill be develaped, bounded by Parking Structure A to the
north, the access road and Parking Structure C to the east, the
Fac~lity Serv~ces Department and athlet~c fieid to the south, and 16~'
StrEet to the west
2 Paragraph 3(Description of the Pro~ect), Subparagraph A of the Or~ginal Development
Agreement is hereby amended ~n full to read as foIlows
~ Tw~ Parking Structures The Pro~ect mcludes all aspects of the proposed
development of the Property u~ith two (2} Park~n~ Stn.~ctures tivh~ch are more
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particu~arly descnbed herem and ~n Ea~ubit B, including the followmg components
1 Parking Structure A, on the South s~de ofPico Boulevard between 16~'
Street and l 7'h Street, contaimng approxirnately 182,000 square feet of Floor Area
and providmg approximateIy 402 full size and 292 cflmpact non-tandem park~ng
spaces The Park~ng Structure shall not exceed four levels and a Building Height
of 40 feet One level shall be at grade and the three athers shall be above grade
The structure shaEl utilize the existing exit on 16~' Street as a r~~ht turn only
2 Parking Structure C shall be constructed on the Colle~e Saftball Field It shall
conta~n approx~mately 238,000 square feet of F1oor Area and provide appro~mately 485
full size and 359 compact non-tandem parking spaces The Parking Structure shall not
exceed fi~~e levels with ane le~el of s~bterranean parkmg, one level of at grade park~ng,
and four 1e~~els of above-grade parking The Parkmg Structure s4~a11 not exceed a Bui~ding
He~~ht of a8 feet This hei~ht limlt shall not preclude the ~nstallation of solar panels ta
atta~n sustainable goals for the mumc~gai pool The Structure shall have one entrance and
exrt from 17`h Street at Pico Boule~~ard The st~cture shall have no ex~t onto lb~' Street
3 The Total Flaor .~-ea of the Park~ng Struct~res descnbed in Paragraphs 1 and 2
shall nat exceed 420,a0 square feet
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3 The follo«~ing Faragraph 3(Descnption of Pro~ect), Subparagraph D~s hereby added
to the 4riginal Development
D ~lunictpal Pool Facilrty
1 Frmctpal Components of Murucroal Pool Facility The Municipal PaoI Fac~lrty shall be
canstructed ~n the open space area that fronts 16~' Street on the s~te of the former Parking
Structure B, currently referred to as Park~ng Lot 8, and on the s~te af the landscape area
located ad~acent to Park~ng Structure C and the 16`h Street curbl~ne Canstruct~an ofthe
pro~ect ~~~~II consist of a 50 meter (lb4 feet) by 75 feet competrtion poal, an approx~mately
96 feet by 75 feet instructional and recreational pool, an approximately 1,500 square foot
poal eq~ipment building, an approximately 2,2~0 sguare faot pool storage and equipment
bu~ldin~ and an approxlmately T,500 square foot aquatic build~ng, which inc~udes the
fallowmg uses pool locker rooms, tifeguard, paol superv~sors, and registrat~on offices, a
first aid room, a view~ng deck and stafflacker room, an ~nstr~ct~onaUtra~ning room, and a
coach/campetrtar team office
Z Location of 11Tun~cipa~ Poo] Improvements Exhib~t D shows the iocation of the
municipal pool and all re~ated pooi improvements In general terms, the competition pool
~~~~II be [ocated to the .~,~est of Parking Structure C on the southern part of the s~te The
instruct~onal and recreat~onal pooi will be located to the south of Park~ng Structure A on
the northern part of the srte The aquatic buildmg will be located between the competriion
and instn.ictional and recreat~onal pools The poal storage and equipment areas w~ll be
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placed ~n tv~-o separate locations on the project site as follows at the northeast corner of
the s~te, ~mmedtately ad~acent to Parking Stnxcture A and to tt~e south of the competition
pool near the southwest corner af Parking Struct~re C The poo~ storage and equipment
areas v~~ill consjst of enclosed areas bounded by fences, not to exceed 12 feet in he~ght
above existin~ grade and measured at a continuum at every po~nt alang the wall
3 A~aximum Height of]~4unicipal Paol Improvements The ma~umum height ofthe
aquatic buildmg will be 28 feet abave average natural grade ("Average Natural Grade"
shall have the meanin~ set forth in Santa Monica Munic~pal Code Section 9 04 42 030 350
wh~ch ~s ~n effect on the Effect~ve Date of th~s First Amendment) The he~ght of the pool
stora~e and equjpmer~t areas w~ll not exceed 12 feet above average natural grade
A saund ~~~aZl. not to exceed l S feet m he~ght abo~ e exist~ng grade and measured at a
con#lnuum at e~~ery po~nt a9ong the wa11, wjll be constructed around the srte, extend~ng
from the r~orthwest corr~er of the site, ad~acent to the propased pedestrian entrance area,
along the ~vestern site baundary between the instructional and recreational pool, aquatic
building and the street
4 Appro~-al of Schematic Dra~~ings The City hereby appraves Schemattc
Dra~;-ings prepared by Killefer Flammang Purtill Architects, dated November 11,
1998, w~h~ch delineate the new Municipal Pool Facility to be constructed,
~nclud~n~, without limitation, those principal components of u~hich are set forth in
9
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Para~raph 3, Subparagraph D The Schematic Drawings shall also include,
wrthout limitation, a landscape plan for the Mun~c~pal Pool FacEl~ty The City and
the Distr~ct shall maintain a complete copy of the Schematic Drawings stamped
"Ap~roved'~ by the Crty The Schematic Drawings shall be a half-size set Further
detailed plans for the Municipai Pool Facility, mcluding, withaut l~mrtation,
structural plans and working drawings shall be developed by the City subsequent
to the Effective Date based upon the Schematic Drawings Minor modificat~ons to
the Schematic Drawings may be made by the City upon wntten adm-n~strat~ve
appro~•al of the Plamm~g Director without the necessity af amending th~s F~rst
Amendment A significant change in the appraved concept shali only be
undertaken after amendment of this F~rst Amendment
5 l~Tun~cipal Poal Facil~ty Access, Parking, Circulat~on and Setbacks Access
and Circulat~on for the ~'Iun~cipal pool fac~l~ty shall be ~n aecordance with the
descrtpt~on ~~h3ch ~s attached as Exhibit D 1 and the pians wh~ch are attached as
Exhtb~t D 2 to th~s First Amendment The park~ng for the Muracipal Poal Facil~ty
shall be allowed by permit m either Parking Structure A or Parking Structure C, to
be accessed vta the campus entrance at Ptco Boule~•ard The prec~se locat~ons far
paoi parkmg shatl be established by a Jomt Operating Agreement to be entered
~nto bet~~een the Crty and the D~strict subsequent to the effective date of this F~rst
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Amendment Pool users with pernuts shall be ailowed to park free of charge both
dunng tiveekdays and or~ weekends
In addition to the Een handicapped spaces currently proyided in Parking Structure
C, the D~strict s~all provide another four ground level handicapped spaces
These handicapped spaces shall be located in Parking Structure C alang the
western face of the structure and shall be available during aIl hours that the
Mumcipal Pool Facil~ty zs apen The District shall also des~gnate a minimum of 24
addrt~onal spaces ~~-hich ~~~ill be available to pool users during peak hours (3 30-
5 30 p m on ~r~eekdays and Saturdays) The 24 pool spaces will be located ~n
either Parking Structure A or Parking Structure C The precise locations shall be
established by the Jo~nt gperating Agreement to be entered ~nto between the City
and the Distrtict
4 Paragraph 4(Appro~~ed Uses) 1s hereby amended in full to read as follows
Bv the e~ecution of this Agreement, the Crty specifical~y approves the use of
Parking Structure A and Parking Structure C for College-related park~ng and far
aquat~c-re~ateci parkmg
The Joint Operattn~ Agreement ta be entered m#o between the C~ty and the
D1str~ct w~ll address the ~o~nt use and operation of the Munic~pal Pool Facilrty by
11
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the City and the District Said agreement shall be consistent with the terms of tlvs
First ~lmendment and v-,~~~1 address hours of operation, staffing requ~rements,
perm~t parkm~ requirements, matntenance, ar~d other pool operation fitnctions
5 The fallo~~~ing Paragraph S(Tim~ng af Construction}, Suhparagraph E is hereby added
to the De~~elopment Agreement
E The City shall use its best effarts to commence construct~on of the Mun~c-pal Pool
Fac~lity w~thin twelve months of the executlon af this agreement, and #o complete
construct~on w~th~n t.~.~elve months of the commencement of construct~on However,
nothin~ ~n this ~irst Amendment shall be construed to require the City to proceed with the
construct~on of the Munia~al Poo~ FacEt~ty and the failure to the C~t_y t4 proceed wrth
construct~on of the Munici~al Poo~ Faci~lty shall not g~ve nse to an_y liabilrty, clatm for
damages or cause of act~on against the C~ty
6 The introductian to Paragraph 6(Pro~ect Mit~gation l~leasures) of the Orig~nal
DeGelopment Agreement ~s hereb_y amended m full ta read as follows
To comply v~-ith appiicable provisions of the General Plan and to mrtigate specific
burdens upon the cammunit_y resultm~ from construction of the Parking Structures
and the ~'Iun~cipal Poal Facility, Distnct agrees to undertake the m~tigation
measures m Subparagraphs (~) thraugh (G) of th~s Paragraph relat~ve to the
12
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Park~nE Structures and the City and the Distnct agree to undertake the mingat~an
measures ~n Subparagraph (F-n relative to the Mun~cipal Poal Facil~ty
7 The followmg Paragraph 6(Project Mitigation Measures), Subparagraph H is hereby
added to the Development Agreement
H To mrt~gate specific impacts resulting from the development of the Municipal Pool
Fac~l~ty, the Crty and the District agree to perform the pro}ect mrtigat~on measures
itemized in Exhibrt E attached hereto, in accordance with the timetable set farth m Exhibit
E«•hich is mcorporated here~n by reference
8 Para~raph 7(Genera~ Sen%ices Requirements) shall be amended to refer to the
Enr-~ronmental and Public Works Department rather than the Department of General Serv~ces
9 Para~ra~h 9(Effect af Agreemet~t on Land L`se Regu~ations}, 5ubparagraph D of the
Original Development Agreement ~s hereby amended in futl to r~ad as fallows
Crt}~ and Distrtct acknoti~,~iedge that the pro~is~ons of this Agreement are ~ntended
to implernent t~e intent ofthe parties that Disfricf has the r~ght to develop the two
park~ng structures spec~fied ~n this agreement, Parkmg Structure A and Park~ng
Structure C The City~ has the right to cantral development of these stn~ctures
pursuant to speafied and kno~vn standards and rules as delineated in th~s
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Agreeme~t The City shall ha~~e the right to develop the Municipal Pool Facility
pursuant ta the terms ofthis Agreement This Agreement shall not be deemed to
restnct any right of the City ar the D~strict, as governmental ent~ties, to act in
accardance wrth the~r powers. duties, and obligations
The Mun~cipal Pool Fac~lity wtll be constructed, in part, on the s~te of Parking Lot
8 ~~~hich currently provides 96 surFace leveI parking spaces This parking Iot ~s
located on the site of former Parking Structure B Parking Structure B consisted
af four le~~els at~ave-grade and contained 374 park~ng spaces This parking
structure ~ncurred s~gn~fcant structural damage due ta the Northr~dge Earthquake
and ~~as subsequently demolist~ed The City supparts the canstruction of a
repiacement park~ng structure on the College campus within the next five years
ti}~hich would contain a min~mum of 374 spaces The actual replacement parking
structure ~~ould be sub~ect to C~ty discretionary review and appro~al after a
complete environmental anal~s~s has been canducted ~n accordance with the
Cat~fornia Environmental Qualrty Act (Cal~farn~a Public Resources Code Sect~an
21000 et seq (`'CEQA") and City standards
10 Paragraph 18 {Not~ces) of the dr~g~nal Development Agreement ~s hereby amended to
delete the City addresses to which not~ces, demands, requests. consents, appravals, or
communicattons from the D~strict to the City are to be sent and to add the follow~ng C~ty
addresses
i4
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Crty of Santa Momca
1685 Main Street, Roorn 209
Santa Moruca, Califarnia 94401
Attn City Manager
With copies to Santa Mor~ica C~ty Attorney's Office
1685 Main Street, Third Floar
Santa Monica, California 90401
Attn Crty Attarney
And to, Commun~ty & Cultura! Services
16851~4a~n Street, Room Z10
Santa Monica, Ca~ifornia 9440~
Atin Director
And to. Planning & Communrty Development
1685 Ma~n Street, Room 212
Santa Monica, Cal~foriua 90401
Attn Directar
I 1 Exh~b~t A of the Onginal Development Agreemen# is hereby amended to add the legal
description of the property upon which the Munic~pal Pool Facilrty will be lacated The amended
Exhibit A is attached hereto and incorporated herem by reference
12 Exhib~t B of t~e Orig~nal Development AgreemeRt is hereby amen[ied to add
landscaping, bu~ldin~ design and ARB requirements relating to thE Munictpal Pool Facility The
amended Exhibit B is attached hereto and incorporated herem by reference
13 Eshibit C of the Or~emal De~~elopment Agreement is hereby arr3ended to add
En~rtronmental and Publ~c VVorks I~~Zanagement requirements related to the Munic~pal Pool
Fac~lity~ The amended Exhjbit C is attached hereto and incorporated herein by reference
15
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14 A ne~v Exhibit D is hereby added to the Onginal Der+elapment Agreement wh~ch
constitutes the pro~ect site plans, access and circulation p[ans, and elevation plans for the
Mun~cipal Pool ~acility
] 5 A ne~~~ Exh~bit E is hereby added to the Onginal Development Agreement wh~ch
establishes the mit~~ation measures required for the Munic~pal Pool Facilrty as establ~shed by #he
EIR undertaken for this pra~ect
16 A new Exhibit F~s hereby added to the Onginal Development Agreement wh~ch
establ~shes the'bTunic~pal Pool Facility standard condit~ons
17 The Onginal Develapment Agreement, without exhib~ts, is attached to th~s First
Amendment as E~chib~t G for reference purpose only
1$ Except as amended by this First Amendment, the 4rig~nal Deveiopment Agreement
shall remam in full force and effect in accordance wrth its terms and cond~tions Notw~thstanding
the foregoing, m the event of an~~ incons~stency between th~s First Amendmen~ and the Ongtna!
Development Agreement, the ap~licable prav~sions of thls F~rst Amendment shall govern
l 9 The obl~gations of th~s F~rst Amendment imposed on the parties hereunder shall be
effective as of the date upon which the Ordinance approving th~s First Amendment becomes
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effecttve ("Effect~ve Date") T'he part~es shall execute this First Amendment within ten (10)
warking days of the Effectrve Date
20 The parties hereto shall ca~se this First Amendment to be recorded in the dfficial
Records af the County of Los Angeles
IN ~'~'ITNESS V4'~-~EREOF, the parties hereto have du~y executed this Agreement as of the
cEay and year first abo~~e wrrtten
CITY OF SANTA MONICA
By
John Jal~li
City Manager
1'~tt~5~
Mar~a Stewart
Crty Clerk
Appro~~ed as to Form
Marsha Jones n'foutrie
C~ty Attorney
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s,~vTA MorncA co~UNiTY
C4LLEGE DISTRICT
BOARD O~ TRUSTEES OF
SANTA MOIVICA CONIMUIVITY
C4LLEGE DISTRICT
By
Thomas J Donner
Vice President of Bus~ness
and Administrat~on
F 1~TTYI.~TCT~"I1C01`TRACTIBARII~~UI`TIPOOL VVPD
18
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AMENDED EXH~BIT A
PROPERTY DESCRIPTfON
1 Parking Structure "A" shall be located an property cammonly known as Santa
Monica College parking lot #4, more particularly described as follows
All that real property in the C~ty of Santa Monica in the County of Los
Angeles, State of California, as shown in tract no 12543, lots 1, 2, 15 and
1S of Bbc~ 44 of East Santa Monrca, m said crty, cour~ty and state, as per
map recorded in Book 17, page 95
2 Parking Structure "C° shall be located on property commonly known as Santa
Monica College softball field, more particularly described as follows
All that real property in the C~ty of Santa Monica, in the County of Los
Angeles, State af Caiifornia, as shown ~n trac# no ~2543, lots 3, ~, 13 and
14 of BIocK 44 af East Santa Manica, in said city, caunty and state, as per
map recorded in Book 17, pages 95 through 98
3 The Mun~cipal 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
ad~acen# to parking Structure C and 124 feet from the 16t" Street curbline, more
particularly described as follows
All that real property in the City of Santa Mon~ca in the County of Las
Angeles, State of California, as shown in tract np 12543, lots 3, 4 and 5 of
BIocK 44 of East Santa Monica, in said city, county and state, as per map
recorded i~ Book ~ 7, page 9~
f lppolsharelopspacelmunipoollExhibitA wpd
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AMENDED EXHIBlT B
PROJECT DESCRIPTION,
LANDSCAPING, AND ARCHITECTURAL REVIEW BOARD REQUIREMENTS
Pro~ect Description
The Santa Monica Community College D~strECt has praposed the development of the
following fwo parkmg structures
Parking Str~cture A wi!! be located as shown on the attached s~te pl~n exhibit This site
conta~ned a surFace parking lot thaf was removed to allow canstruct~on of a four story
parkEng structure that will
a Utilize the existfng exrt on 16`~ Street as a ng~# turn only exit, and the College will
pUrsue w~th the Gity s~grzal+zirrg the ~r~tersect~or~ of 48`h Street and Prco Boulevard
The College will also purs~e with the City, #he establishment of a westboun~ left
hand #urn signal at the Enfersection of 1~i~' Street and Pico Boulevard
b Include the establishment af a new right turn only exit on Pico Boulevard Incfude
the establishment of a new entrance on Pico Boule~ard
c Accommodate a~prax~mately 694 cars
d Be cQnneeted to the existrng parkmg s#ructure
Parkir~g Sfructure C wifl be ioeated as shown on the attached site plan exhibit ThFS site
conta~ned the college softbal! field and is loca#ed behmd the Busmess Bu~lcf~ng The
structure will
a Have a singfe entrancel~xit from 17~~ Street at Paco Boule~ar~ and w~li contain no
~ntrance/ex~t on 16th 5tree#
b Aecomrr~odate approximateEy $44 cars and wiil ~r~ePUde or~e level ot t~elow grade
parkmg
(Ail of the above have beer~ completed as part of the original Developmer~t Ag~eernent)
The Mun~cipal Poal Faeil~ty will be constructed in the open space area t~at fronts 16~n
Street on the s~te of the former Parficing Structure B, currently referred to as Surface
Parkmg ~at 8, and or~ ihe site o~ the landscape area located ad~acent to Parlc~r~g Structure
C and the 16th Street curbtine
'~`" -'~~.3~
Landscap~nq Requirements
The Santa Monica Community College D~strict and City of Santa Mon~ca shal! comply with
thefa~lowfng IandscapiRg requiremer~#s foralldeve~opmentauthor~zed byth~s Developmer~t
Agreement
Pr~ar to cammencement of construction biddmg far either or both parking structures
or the Muniapal Paol, ten (10) ful! srze sets of landscap~ng drawmgs to the City's
Arcn~tectura! Re~~~w Board #or revi~w and approval
2 Landscaping materials, treatments, and irri~ation shall comply with Municrpal Code
Part 9 04 10 04 and the City's adopted Water Conser~at~on Ordmance
3 The College shall provide d~ligent effart where poss~ble to preserve and/or relacate
any mature trees that wilf ne~d #o be removed #o permit parking structure
construction
Architectural Review Baard Requirements
Tt~e Santa Monica Cornmunity Callege DEStr~ct and the City a# Santa Monica shall comply
with the Arch~tectural Review requirements pursuan# to Santa Mon~ca Munic~pal Coc~e
Chapter 9 32, and as referenced in Exh~bit F, Standard Cond~tions
Prior to commencement of b~dding for the Municipal Paal, ten (10} #u{I size sets of design
draw~ngs shall be submitted to the City Planning Div~sion for Architectural Re~iew Board
review and approval The Arch~tectural Re~iew Board shall carefully ~eview all bu~lding
textures, colors, matenals, surface and pa~ing treatment, signage, lighting, and trash
enclosures
f Ippolsharelopspacelm~nipoollExhibatB wpd
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-..~1~
AMENDED EXHIBlT C
En~ironmental and Publ~c Works Management Requirements
The folbwing Environmental and Public Works Management requirements applyto Parkmg
Structures A and C
An easeme~t shaf~ be granted ta tf~e Cfty for aif handicapped access ramps which
encroach beyond the limit of the public right of way Thrs mcludes an easement at
the nor#hwesterly cor~er of the property and easeme~ts on either side of both
northerfy drrveways of Park~ng Structure A
2 A hydrology report shail be prepared that at min~mum s~alf address ex~strng street
capacrty and rndreate the paterrtral for ftoodrng of those portrans of the structur~
which are below grade The report shafl also address the change in runofffrom the
site, ~ndica#e the points at which #his runoff w~l! be discharged, and ~dentafy any
changes to the ex~s~rr~g f~ow cor~ditror~s !f rr~d~cated by the hydrology study. a
detent~on basm may be required on s~te
3 Complete set o€ c~v~! p~ans s#~al! be subrr~~tted designat~ng alf off-s~te ~mprovemen#s
Based upor~ a pre~ious ir~spection cor~ducted ~y the Env~ranmen#al and Puh~~c
Warks Management DeparEment, the sidewalk on Pjco Boulevat~d between 16`h
Street a~d th~ eastern edge of Parking Structure A w~ll requ~re remova[ and
replacement Other off-sife improvements may be reqwred as a res~lt of damage
durmg construct~an
~ All runoff from parking areas shall be colfected and routed t~rough an o~l-water
separator or other treatment process to be appro~ed by the C~ty, which will reduce
the pollutants washmg #rom the s~te into the storm drain
5 Completed grading plans shall b~ submitted and shall include an erosion con#rol
plan
Afl of the a~ove have been compfet~d as part ~f the or~ginal De~elopmen# Agreeme~#
TF~e following En~ironmental and Public Works Management reqwrernen#s apply to
construction of the Munic~pal Pool Fac~lity
6 Before Essuance of a~uild~ng permi#, t~e C~ty shaU approve a storage system for the
ar~-site dete~t~on runofforan alterr~ate Best Managemen# Practice ~BMP) as defined
m the Urban Runoff Mat~gation Plan To the sxtent possibEe, the detained
stormwater w~li be distributed to landscaped areas, w~t~ arty remamder e~entually
released into the exESting City storm drain connections AI! detained runoff, released
into the City's facalit~es, w~il be released after passage of the system's peak flow
~~~i
T~~s starage system or alterr~ate BMP shall be ~mplemented priar to Certificate of
~ccupancy
7 Before issuance of a buifdmg perm~t, plans for a stormwater filtering system shall
be submii#ed sub~ect to the approvat of the C~ty's Enviranmental and Pu~lic Works
Management Department ~"EPWM") Th~s stormwater f~ltering system shalf be
~nstafled for large paved areas to reduce runoff contam~nated by veh~cle o~1 and
debr~s fram entering the storm dram system
8 During construction and occ~pancy drain rnlets at or ad~acent to the site sf~all !~e
constructed with oii, debris, and silt traps ta reduce the level of pollutar~ts such as
oif, debris, and sift in stormwater runofF Those traps sF~af( be efeaned of debris
annually or more frequently
9 The Pro~ect shall com~ly wi#h the requirements of a Na#iona! Polluti~n D~scharge
Elimination System ~NPDES) permit for storm water discharge ar~d with gwdance
and polEC~~s of the Regional Water Qualit~ ~ ControE Board, EPA, and local agenaes
10 The Pro~ect shail be butlt ~n conformance with the City's Urban Runaff Pollutian
Ordinance i~ effect on the Effect~ve Date of the Developme~t Agreement
1~ Addit~anal sidewalks, curbs, gutters, pa~~ng and driveways wh~ch need replacing or
removal as a resu!# of darnage caused ~uring canstructior~ of #he Pro~~ct shall be
reconstructed to the sat~sfaction of EPWM as soon as practicable, and m any event
prior ta certificate of occu~ancy
12 Pr~or to certificate af occupancy water flow calculatio~s shall be prepared to
eva~uate the capac~ty of ex~stmg water mams at the locatior~s for ~ook-ups to the
pro~ect Exrsting water mains which directly service the pro~ect sha11 be upgraded
~f the water #low calculatjons ~ndicate that the haok-up pomts for the pro~ect w~fl
cause such ma~ns to rece~ve greater demands than can be accommadated
13 Prior to certificate of occupa~cy storm water flow calculations shall be prepared to
evaluate the capacity af existmg starm wate~ draEn I~nes at the locations for hook-
ups from tF~e pro~ect Existing starm water dram IEnes which c~irec~ly serv~ce tF~e
pro~ect shali be upgraded if the storm water flaw calcula#ions indicate that the hoak-
~p pants ~or the pr~~ect wrl! ca~se s~c~ drair~ ~ir~es to rece~ve greaterdemands than
can be accommodateci
14 Sauthern Cai~fornia Ed~son Compar;~ and t~e Southern Cal~forn~a Gas Company
shall be cons~alted regarding any feasiele energy conservation measures that cvuld
b~ incorporated into the Pro~ect
~
~.~ ~ u~~
15 EfficGent irrigation systems shall be installed to mmimize runoff and evaporation and
to maxim~ze the proportion of water available for plants in landscaped areas
16 Drougf~t-talerant, fow-water-consum~ng plant var~efies sF~alf be used to reduce
irrigation water consumption
17 Photo-vol#a~c systems to generate electric~ty shall be designed and constructed if
deemed feas~bte and cast-effective by the Crty
f Ippolsharelamended exhibitc wpd
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J
~R _ i.~~
EXHIBIT D
Santa Monica Municipal Pool
D.'I Access and Circulation Description
D.2 Access Diagram
D.3 Site Plan
D.4 Building Elevations
~.~ [;~~
EXHIBIT D 1
MUNiClPAL POOL ACCESS AND CIRCULATION
1. Vehicfe Access and Parking
The only vehicle access from outside the cailege campus ta the new Santa Monica
Munic~paf Pool an the Sar~ta Monica Colfege sit~ w~ll be ~ia the Santa Mon~ca
College entrance on Prca Baulevard and 17`" 5#reet This is one of several
entrances to the college, but directfy sen~es Parking Structure A, Parking Structure
C a~d the Pool errtranee
Vehicles will enter from PECO Boulevard and, once on the campus grounds, wifl
proceed west, and enfEr either Parkmg Structure A. which is immediately fo the
west of #he main entrance, or turn south past the Pool dro~-off zone, in front of the
public pooi entrance, to Parkmg Structure C ParkEng Struct~are C will ha~e four
handicapped spaces located at the structure's ground level west corner ad~acent to
the entrance to the garage Pool parking shall be permitted as specified m amended
Paragraph 3 D 5 of the First Amendment
Vehicles ex~t Parking Structure A via the existing 16`h Street egress and right turn
arrly exrt, flr vra t#~e Prco Baulevard ex~t Veh~cfes exit Parkjng Structure C vEa the
two-way exit at the north side of the park~ng structure, whict~ leads to the internal
circulation drive, exitmg on P~co Boulevard at the paint af entry
There will be no additional access to or from 16`" Street other than the existing right
turn only egress from Parking Structure A
2. Ped~strian Acce~s and Circulation
PedestrEans may access the Municipal Paol from a number of pedes#nan access
points on the Santa Monica Colfege campus However, it is envisioned fhat
pedestrians fram the immediate residential neighbo~hoods will walk along 16th Street
and enfer the site from the pedestriar~ walkway a# 16'h Street which proceeds pas#
Parking Structure A, around the perEmeter of #he pook site, and enter the pool fac~lity
from the controlled public entry point at the centEr of the site's eastern boundary
TY~3s pedestr~an e~trance w~ll be th~ mam entrance point to the pool and w~ll be
controlled at all times the pool is open P~~estrians waiking fro~ ~, the~r cars parked
in either Park~ng Sfructure A or C w~li use t~is entry This entrance will be served by
an elevator to #ake handicappe~ users from the ground level to #he WEewmg deck
~
~~ ~
~~~J
The entrance ~s at grade, and does not require a handicapped access ramp
Handicapped users will park a# the four handicapped spaces a# the north edge ofi
Parkir~g Str~acture C, from which they w~fl be able to exit d~rectfy out of the bu~iding
to a pool pathway, proceeding to the main entrance
The~e wrN be a secQndary entrance at tl~e south srde of tYte pool, ~ust west ot
Parking Structure C, closer to the existmg locker rooms, for college users only This
access w~fl also be controlled by callege staff when ~t is open, but will only be open
during the hours which the College uses the pool
3. Bus Stops
The pr~mary bus stop that serves the pool w~ll be the Pico Boulevard bus stop just
east of 16~" Street Team buses for swEm meets and events will make ad~ance
arrangements to park at one of the Santa Mortica College surface parkmg lots, and
will discF~arge passengers at the Santa Mon~ca College Pico Boule~ard frontage
As part of the Santa Mornca Callege Mas#~rpian, the Calfege proposes to construct an
addition to the eastern section of the existing Parking Structure C, over the area of the
existing Mun~cipal Poo~ site, that waufd ~nclude additional spaces as well as a new primary
entrance and exit at the eastern end of the structur~ if this expans~an should accur, the
r~umb~r of vehicles ~s~ng the entrance and exit at the western end of the stru~ture w~ll be
reduced, although it wilf rematn a two way access as a secondary entrance, and will
provide access 6etween Parking Structures A and C
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9.EYATIONS
~ A 2Q1
EXHIBIT E
PR~JECT MITIGATION MEASURES
TRAFFIC, ACCESS AND PARKING
In order to accommodate the net parking increase due to increased usage, the
coElege shall designate a m»~mum of 24 spaces vuh~ch will be available to pool
users during peak hours (3 30-5 30 p m on weekdays and Saturdays} The 24
spaces shall be Eacated in either Parking Structure A or C The precise location
shall be determmed in the Joint Operating Agreement entered mto #~etween the City
and the District
2 To discourage weekend paol users from parking on nearby res~denttal streets, the
C~ty shall encourage weekend users to park in SMC off-street parking facilities
through mformat~onal programs (bullet~n board not~ces, mai[er ~nserts, etc }
3 The ninety-six parking spaces currently located on Parking Lot 8 which w~ll be lost
due to the canstruction af the Muniapal Poa~ facil~ty sf~all be replaced Until October
31, 'I999, these replacement spaces will be located at either the City's beach or
airport lats The specific requir~ments ga~erning the use of the beach ar airport lots,
~ncluding parking location and schedule, shall be estak~hshed in the Jomt Operat~ng
Agreement After October 31, 1999, the replacement spaces shall be provided on
the College campus
4 Information concerning appropnate bus routes shall be provided to swim team bus
dri~ers m advar~ce of any sw~m meets Bus routes shal! avord resider~t~al streets to
access the site To mir~ir~ize drop-off/ptck-up acti~ity along ~ 6`'' Street, team buses
shall be required to drop-off/p~ck-up swim meet participants along the P~co
Bouf~~ard frontage of the College
5 T4 m~nimize the potential for weekend swim meet participants to park on
neigh~oring residential streets, access and parking information shall be included in
all swim meet materials to direct participants to the proper parking locat~on
6 Arrangements shall be made with SMC to permit parking of weekend swim meet
team buses in SMC surface parking lots
7 If swim mests are proposed wh~ch will take place on a weekday while SMC is in
session, a parking management plan shall be prepared pr~ar to the e~ent to ensure
t1~at sufFicient off-street parking is a~ailabfe far meEt participants
~t "' ~ ~_ ;3 ~
AIR QUA~ITYICONSTRUCTION
8 Contractars shall use water or other effecti~e dust control measures ta reduce
fugitive dust emissi~ns
9 Fraquent site clean-up near the access driveway shall be perform~d to prevent
track-out of dirt that could be pulverized by passing cars
10 During construction the maximum practical distance buffers between semi-
stationary o~-s~te equ~pment s~ch as generators, eompressors, etc ar~d the r~earest
pollution-sensiti~e uses at homes across 16~~ Street and instruct~anal class rooms
shaCl be maintained
'~ 1 Construction related soil disturbance activities shali betermmated during SantaAna
wind conditions, or use contmuous watering far dust abatement
NOISE
12 A noise barrier of no more than 18 feet m heigh, measured fram existing grade shall
be constructed to ~~eak a!I lines-of-sight between the prq~ect site and residences to
the west In addition to extending along the western boundary of the site, the
barrier shall ~e located alang the southern boundary The pedestrian entrance shall
be designed with e~ther a baffle (overlappad) panel or canstructed to wrap around
the northern edge of fhe side untd no line-of-sight relatEOnship remains to any
residence west of 16t' Street
13 No swim instructional activities involving the use of attention-gettir~g de~ECes such
as whistles, bu[I-hams, shouting, etc shall occur before 7 a m on weekdays or 8
a m on Saturday ar Sunday
14 Gates shall remain closed on swim meet days until 8 a m to deter early arrival ar
practice
15 No ampl~fied saund or music shall be used before 9 a m or after 7 p m unless use
of such equipment can be demonstrated ta be inaudible at the closest residences
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.~~ ~~~~2
EXH~BlT F
MUNICfPA~. PQQL STANDARD CaNDITIONS
Plans
This appro~al is for those plans dated November 11, 1998 a copy of which shail be
maintained in the files ofthe City Plan~ing Di~ision Pro~ect development shall be
cc~ns~stent with such plans, except as atherwrse specrfred rn these conditcons af
appro~al
ArchitecturaE Re~iew Board
2 Priorto consideration of the pro~ecf bythe Architectural Review Board, the applicant
shall rev~ew d~sabled access requ~rements w~th the Buildmg and Safety D~v~s~on and
make any necessary changes in the pro~ect design ta achie~e compliance with such
requirements The ArchitectUral Review Board, in its review, shall pay parttcular
attention to the aes#hetic, landscaping, and setback impacts of any ramps or other
features necessitated by accessibility requirements
3 Prior to submittal of landscape plans for Architectural Revtew Board appro~al, the
applicant shal! contact the Departm~nt of En~ironmental and Public Warks
Management regarding urban runoff plans and calculatior~s
4 Construction period s~gnage shall be sub~ecf to the appro~al of the Architectural
Review Board
5 Plans forfinal design, lartdscaping, screenmg, trash enclosures, and signage shall
be subject to review and appr~val by the Architectural Review Board
6 The Architectural Revkew Board, m ~ts review, scale and articulation o~ design
elements, exterior colors, textures and materials, window treatm~nt, giaz~ng, and
fandscaping
T Landscap~ng plans shall comply with Subchapter 5B ~Landscaping Standards) of
the zoning ordinance incEuding use of water-conserving landscaping materials,
landscape mair~tenance and other sfandards containeci m the Subchapter
8 Refuse areas, storage areas and mechanical equipment shall
accardance with SMMC Sectiar~ 9 04 10 02 130-9 04 10 02 150
shall be of a size adequate to meet an-site need, including
Architectural Rev~ew Board in its review shall pay particula~
screening o~ such areas and equ~pment
be screened ~n
Refuse areas
recycling The
attention to the
~~ .
t_ . ~; ~
9 Before submitting #he Pro~ect to the Architectural Re~iew Board {"ARB"), the
Eandscaping plan shalf be prepared, inciucf~ng 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-for-one basis
Co~struction
14 Unless otherwise approved by the Department of Environmental and Public Works
Management, all siciewalks shall be k~pt clear and passable during the grading and
constructian phase of the pro~ect
11 S~dewalks, curbs, gutters, paving and driveways which need replacing or removal
as a result of the pro~ec# as determined by the Department of En~ironm~ntal and
Publtc Works Management shall be reconstructed to the sat~sfaction of the De-
partment of Environrnental and Public Works Management Approval forthis work
shall be obtamed from the Department of Environmental and Publ~c 1Norks
Management prior to issuance of the building permits
12 Vehicles hauling dirt or other canstruction debris from tf~e site shall co~er any open
load with a tarpaulm or other secure co~ering to mmim~ze dust em~ss~ons
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 specificatians of the
Community and Cultural Services Division and the Department of Environmental
and Public Works Management No street tree shall be remo~ed wi#hout the
appra~al of t~e Commun~ty and Cultural Services Di~ision
14 All tree transplantation during th~ course of the Pro~~ct shal~ be perFormed by a
qualified arbarist, landscape architect, ar tree expert, #o the City's satisfaction
Trees that are to be reused on-site shall be boxed in appropriately-sized containers
and temporarily relocated to protect them from physical in~ury
15 A constructian period mitigation plan shall be prepared by the applicant for approval
by the Department of Environmenfal and Pubfic Works Management prior to is-
suance of a bu~lding permrt. The approved mitigation plan shalE be posted on the
canstruction site for the dura#ion of the pro~ect construction and shall be produced
upon request As applicable, tf~is plan shall 1} Specify the names, addresses,
telephone numbers and business license numbers of ali cantractors and
subcontractors as well as the de~eloper and architect, ~) Describe how demolition
of any existing structures is to be accomplished, 3) Indicate where any cranes are
to be located for erection/construction, 4) Descr~be how much of the public street,
alleyway, or sEdewalk is proposed to be used in con~unction with construct~on, 5)
Set forth the extent and nature of any pile-driving operations, 6) Describe the length
and numberof anytiebacks which must extend underthe propertyofother persons,
~
wi~ 4 ~ - ~
~J ~y
7) Specify the nature and extent of any dewater~ng and its effect on any ad~acent
buildings, 8) Describe anticipated cantruction-related truck routes, number of truck
trips, F~ours of f~auling and parking location, 9) Specify the nature and extent of any
hel~copter ha~ling, 10) State whether any construct~on activ~ty beyond normaliy
permitted hours is proposed, 11) Descr~be any prflposed constructian noise
mitigatiar~ measures, 12} Describe construction-period secur~ty measures incfuding
any fencing, lighting, and security personnel, 13)Pro~ide a d~ainage plan, 14)
Provide a construction-period parking plan which shall m~nirnize use of public
streets for parking, 'f 5) List a designated on-site construction manager
16 A sign shall be post~d on the propsrty in a manner consistent with the public
hearing sign requirementswhich shall identifythe address and phone numberafthe
owner andlor applicant forthe purposes of respondir~g to questions and complaints
during fhe constructian period Sa~d sign shall alsa indicatethe hours of perm~ssible
construction work
77 The appl~cant shall ins~re any graf~tt~ an the s~te ~s promptly removed thraugh
compfiance with the City's grafitti remaval program
18 A eopy of these co~d~t~ons shall be posted in an eas~ly v~sible and accessible
locatian at all times dunng construction at the pro~ect site The pages shall be
laminated or otherwESe }~rotected to ensure durability ~f the copy
19 The City Engineer and all affected agencies shall appro~e any construc~ion detaurs,
construction work requirmg encroachment into public r~ghts-of-way, or a~y other
street use activ~ty (e g, haul rautes} durmg canstruction
2Q The hauling of dirt and demofit~on mater~al and the delivery of construction material
shali be prohibited during the afternaan peak traffic periad City streets affected by
the Pro~ect construction, shall be cleaned as necessary
21 Construction sha[I be scheduled and expedited to cause the least amount af
disruption and interference to the ad~acent vehicular and pedestnan traffic flow
22 If human remains of Nati~e American ongins are encountered during the Pro~ect
de~elopment, canstructian shalf be immeciiately suspended, and the County
Coroner's off~ce and the Native American Heritage Commission shall be contacted
to determine necessary procedures for protect~on and preservation o~ remains,
including reburiaf af ff~e Cify's expense
23 In #he event #hat culturallarchaeological resources are encountered on the pro~ect
site during the caurse of Pro~ect construction, all earthmoving acti~ity in the area of
the resource shal! cease until the #indings are examined, their significance assessed
by the Director of Planning, the State Histonc Preservation Offiee is consult~d and
recommendations are made for any apprapriate prpceciures #o either further
3
p~ v~ ~ t~ J :~
investigate or mitigate impacts to those cultural resources which ha~e been
encountered, including t~e C~ty's payment of excavating costs
24 In the e~ent that fossils are encountered during the Pro~ect exca~ation, all
earthmoving activity in the area of impact shall cease until the De~eloper retains the
services of a qualified paleontologist, w~o shall examine the findmgs, assess thejr
significance, and offer recommendations for any further mvesfigation or mitigation
measures
25 General contractors shall maintain equipment engines in proper tune and aperate
construct~on equipment so as to minimize exhaust em~ssions at a!i times during the
Pro~ect development Such equipment shall not be operated during first or second
stage smog aler~s
26 During construction, trucks and ~ehicles in loading or unloading queues should be
kept with their engines off, when not in use, to reduce vehicle emissions
Construct~on ac#iv~t~es shall be phased and scheduled fo avoid emissians peaks,
and discontinued during first- and second-stage smog alerts Excavation shall be
discontinued during periods of high winds
27 General contractors shall use reasonable and typical watering techniques during
Pro~ect de~elopment to reduce fugitive dust emissions All unpaved demolition and
construct~on areas shall be wetted at least twice a day dunng excavation and
construction, and temporary dust cavers shall be used to reduce dust emissions and
meet SCAQMD Rule 403
28 Canstruction and demolition acti~ities shall take place only during the hours and at
the levels speerfed for Noise Zor~e III (Instrtutrana!) rr~ Sa~rta Monrca Munre~pal Code
Cha~ter 4 12 ("Noise Ordmance")
29 Except as approved by the Planning Director, the pro~ect contractor shall schedule
construction activities ta avoid the s~multaneous operation of equipment such as air
compress~rs, backhoes, concrete pumps, ~ibrators, or breakers, truck cranes,
dozers, generators, loaders, pa~ers, pneumatic tools, water pumps, power hand
saws, sf~ovels, and trucks, sa as to min~mi~e noise le~els resulting from operatir~g
se~eral pieces of high noise level-emitting equipment
30 Car~struction equipment shalf be fitted with state-of-the-art noise shielding and
muffli~g de~ices ta reduce noise levels to the maximum extent feasible during
construction
31 E~ery reasonable effort wdl be made to create the greatest practicable distance
between no~se sources and sensitive receptars d~ring construct~or~ operations
~
~''~ ~~5ti
Environmental Mitigat~on
32 Uftra-taw flow pfumbing fixtures are required on a1[ new de~elopment and
remodeling where plumbmg is to be added (Maximum 1 6 gallon talets and 1 0
gal~on urinals and low flow shower head }
33 To mitigate solid waste impacts, priarto issuance af a Certificate af Occupancy, the
app[icant shall s~[bmit a recycling plan to the Department of En~ironmental and
Public Works Management for its approval The recycling plan s~all include 1) I~st
af mater~als such as ~vt~cte paper, computer paper, metal car~s, ar~d glass to be
recycled, 2) location o# recylmg bins, 3) designated recyclmg coordmator, 4} nature
and extent of internal 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 pro~ect site, an Urban Runoff
Mitigation Plan may be required by the Department of En~ironmental and Public
Works Manag~ment ~EPWM} pursuant to M~an~c~pal Cade Chapter 7 9 0 Applicant
shall contact EPWM to determine applicable requirements, which include the
follow~ng
o Non-stormwater runoff, sediment and construction waste from the
construction site and parkmg areas is prohibited ~rom leavin~ ~he site,
o An sediments or materials wh~c~ are tracked aff-site must be removed the
same day they are tracked off-s~te,
o ExcaWated sail must be located on the site and soil pdes should be covered
and otherwise protected so that sediments do not go into the street or
ad~aining properties,
a Wasf~ing of construction or other ~ehicles shai[ be allowed ad~acent to a
construction site No runoff from washtng ~ehicles on a canstruction site
shall be allowed to €ea~e the site,
o Drainage controls rnay be requ~red depending on the ext~nt af grading and
topography of the sEte
o New develapment is required ta reduce pro~ected runoff pol[ution by at least
twenty percent through incorporation of design elements or pr~nciples, such
as increasing permeable surfaces, di~erting or catch~ng runoff v~a swales,
berms, and the Eike, orientation of drain gutters towards permeable areas,
modif~catian of grades, use of retention structures and other methods
Miscellaneaus Conditions
35 The building address shall be painted on the raof of the building and shall measure
faur feet by eight feet (32 square feet}
36 The operation shall at all times be conducted in a manner nat detrimental to
`~ ~`' ~° i~ ~ i
surroundmg propert~es or residents by reason of lights, r~oise, act~vities, parking ar
other act~ons
37 Street andlar alley lighting shall be provided on public rights-of-way ad~acenf to the
pro~ect if and as needed per the specifications and with the appraval of the
Department of Environmentaf and Public Warks Managemer~t
38 Final approval of any mechanical equi~ment installation will require a noise test in
compliance with SMMC Sectian 4 12 a40 Equipment farthe test shalE be prov~ded
by the owner or cantractor and the test shall be conducted by the owner or
contractor A capy of the noise test results on mechanical equipment shal~ be
submitted to the Community Noise Officer for review to ensure that naise levels do
not exceed max~mum allowable fe~els for the applicable noise zone
39 Final building plans submitted for appr~~al of a bu~lding permit shall include on the
plans a list of all permanent mechanical equipment to be placed outdoors and aEl
permanent mechan~cal equ~pment to be placed ~ndoors which may be heard
outdoors
Monitoring of Canditions
40 Pursuant to the requirements of Publ~c Resources Code Sectior~ 21081 6, the City
Planrting Division will coordinate a monitoring and reporting program regarding any
required changes to the pro~ect made in can~unction with pra~ect approval and any
conditions of appro~al, including those condit~ons intended to mitigate or avaid
significant effects on the en~ironment This program shall include, but is not I~m~ted
to, ensurrng that the PlanRrng Divrsron ttself and other C~ty drv~srorts and
departments such as the Buildmg Di~ision, the Environmental and Public Works
Managemer~t Department, the Fire Department, the Police Department, the
Resource Management Department and the Finance Department are aware of
pro~ect requirementswhich must be satisfied priorto issuance of a Buildir~g Permit,
Certificate of Occupancy, or other permit, and that other respansible agencies are
alsa ir~formed of condi#ions relating to their responsibilities Pro~ect owner shall
demonstrate compliance with conditions of appro~al m a written report submitted to
the Planning Director and Building Officer prior to issuance of a Building Permit or
Certificate of ~ccupancy, and, as applicable, pro~ide periadic reports regard~ng
compliance with such conditions
6
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4.
EXHIBIT G
4riginal De~e~opment Agreement
(without exhibits)
~~~,~
S
t~
a ~
~
DEVEIAPI~ENT AGREEMENT
THIS DEVELA PMENT AGREEMENT ("Agreement") is entered ~nto
this ~ Y~~day of .., , 1989, between the SANTA
M~NICA COMMUNITY COLLEGE DISTRICT and the BOARD OF TRUSTEES OF
THE SANTA MONICA COMMUNITY COLLEGE DISTRICT (hereinafter referred
to as the "District" and the "Board of Trustees," respectively),
and the CITY OF SANTA MONICA, a mun~c~pal cdrporation organized
and existing pursuant to the laws of the State of Ca~ifornia and
the Charter of the Czty o€ Santa Manica ("Citiy"), with reference
to the following facts:
A. On May 17, 1988, the City and the District entered znto
Cantract Number 5100 (CCS) reqarding: (i) the establishment of a
preferential parking zone around Santa Monica Co13.ege
("Callege"); (ii) the l.ease by the City of certain structures at
the Santa Manica Airport to the District far use as additional
classroorn faci~ities; (iii) the construction of two parking
struet~xres by the District on the College campus; and (iv) the
provision by the City of temporary parking lots and a shuttle
service for use by College employees, students, and College
visitors. On June 14, 1988, a preferentia~. parkinq zone was
established arannd the College by the City pursuant to Qrdinztnce
Number 1444 (CCS). On July 1, 1988, the City leased the
additional classraam facilities at the Airport to the District
pursuant to Cantract Number 52~1 {CCS) ('+Lease"). On or about
July 3, 1988, the City commenced the shuttle servics from the
temporary parking lots. This Aqreement is entered into reqardinq
~
the canstruction o€ the two parkinq structures on the College
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~~
~r ~ .. ~ Cl "1~'
campus t~ ~itigat~ ~er*a~n e^vir~n~e^tal :~pacts created by ~~e
establishment of the preferen~~al park~ng zar.e.
B. ~ursuant ~o Ca~~_°orr_a ~overn~enc Code Sect~ons b5865
et seq. ar.d Santa Monlca ~unicipai C~~e 5ections 9800 et seq.,
the Czty is author~zed to enter i~to b~ndinq development
agreements w~th persons ha~r~r.q legal or equitable znterests ~~
real property for t~e develapment of such property.
C. Dlstrict ~s the legal ~wner of certair. real property
("Property") located in the Ci~y of San~a Monica, Californ~a, as
more particularly descri3~ed in Exh~bit A, which is attached
hereto and incorporated herein by th~s zeference.
D. District as the developer has requested that City enter
into ~his Development Agx~eement ("Aqreernent") reqardinq the
construction of two parking structures on the ~roperty. District
has paid all necessary costs and fees associated with the Clty~S
processing of this Aqreement. City has complied with alI
procedures required by Santa Monica Municipal Cade Sect~ons 980p
et seq. reqardinq the prvicessing of this Agreement.
E. The City has caused to be prepared a comgrehensive
Enviranmental impact Report wh~ch a«aiyaas in de ail the
environmental effects of all aspects of ~he proposed deveZapment
of the Proparty. The City considered the Envirorzmental Impact
Report in conjunction with the approval of this Aqreement. The
Enviz~onmental ~mpact Report was prepared, processed, reviewed~
and approved in cor~formity with California Publ~c Resources CQde
Sections ziaoo et seq. and the City oP Santa Monica Guidelines
f~r Implementation o€ the California £nvironmentai Quality Act,
adopted by Resalution Number 6694 {CCS}.
' ~l~b,t
_ ~ _
F. The City Council ~r the City ras found that this
Agreement is cansistent ~t~h ~he ~e,^.era1 P~an of the Cz~y af
Santa Monica and any applica~le s~ec~fz~ paars of the City af
Santa Monica.
NOW, THEREFORE, in consideration for t~e covenants and
conditions hereinafter set forth, the parties hereto do hereby
agree as fol~ows:
2. DEFIH~TZONS. For purposes of th~s Agreement, the
€oliowing terms and phrases shall be lnterpreted as hereinafter
defined, unless *_~E context clear~y andicates a contrary zntent
of the parties:
Suildinq Heiqht: sha~l be as set forth in Section 3, and
shall be defined as the vertica2 distance measured from the
average level af highest and Zowest point of that portion of the
ivt covered by the building ta the highest point of the raaf
excluding parapets, stairways, ven~ilatinq fans ~r similar
equipment required to operate and maintain the buildinq.
Subterranean parking areas located below the a~erage ground Ievel
shall also be excluded from buildi~g hPight.
City: the City of Santa Monica, a municipal corporation,
orqanizad and conducting business pursuant ~o the laws of the
State af C31$farnia and the Charter of the City o£ Sa~ta Monica.
City Manaqer: the City Manager a€ the City.
District: Santa Monica Community Colleqe District,
developer of the Project.
Floor Area: shall be consistent with and qvverned by the
Zoninq Ordinance.
.a ~ ~- ~J b ~
Genera; rlan: ~~~e c~-prerens~ve, l~ng-te r.n ~enerai pia~
for the physical ~evelop~ent o~ the C~Ly of San~a ~onica gursua~t
to California Government Cod~ ~ec~~ons 6~300 et, seq.
LL'CE: the Land i;se an~3 C~r~-:1~3t.lOF] Fle:~ent af Che Ger.eral
P~an of the City.
Planninq Commission: 4he Plar.n~ng Co~ission of the City.
Pro~ect: ~he proposed develc~pr.:ent of the Property as is
mare ~art~cuZar~y descrzbed ~n Sect~on 3 of this Agreement and ~n
the Project Site Plan.
Project Plans: thase certain Fro~ect Plans dated June 19,
1989 (including renderings) prepate~ by Conrad Assaciates (as the
same may be amended fram time to time in accordance with the
terms of this Agreement) which are attached hereto as Exhibit B
and incorporated herein by this reference and which set forth the
basic guidelines and scope for the development af the Project.
Parkinq Structures: the twa parking structures to be
constru~ted on the Pro~erty, as more particularly described ~n
Section 3 of this Agreement and in Exhibit 8.
Property; the real property on which the Project will be
developed and which is more partict~larlv described in Exhibit A.
zoninq Administrator: the Zoning Administratar of the
City.
2. DESCRIPTION OF THE PR~PERTY. The Praperty described zn
Exhibit A cansisting af two (2) lots commanly knawn as "Parking
Lot 4" and "Parkinq Lot 8," respectively.
- 4 - .ar ~ ~,b~
3. DESCRIPTION OF PRa.TECT.
A. Two Parkinq StructUres. The Pro,ect includes ail
aspects of the propcsed ~~evelopment of the ~roperty w~th twa (2)
Parking Structures wh;ch are :r:ore particularly described herein
and in Exhibzt B, including the fallowing co~panents:
1. T3~e "Lot 4 Parkinq Structure" shal3. be
constructed on Parkzng Lot ~. ~t shall contain approximately
182,OOD square feet of FZoor Area and provide appraximately 402
full size and 292 compact non-tandem parking spaces. The Parkinc~
Structure shall not exceed faur levels and a Suildinq Height of
40 feet. One level shall be at qrade and the three others sha11
be above qrade. The structure shall utilize the existing exit on
16th Street as a right turn only.
2. The "Lot 8 Parkang Structure" sha11 be
constructed on the College Softball Field. It shall contain
appraximately 238,Oa0 square feet of F~oor Area and provide
approximately 485 full size and 359 compact non-tandem parking
spaces. The Parkinq Structure shall not exceed five ievels with
one level of subterranean parkinq, u«e leveJ, of at qrade parking,
and four levels of abave-grade parking. The Parkinq Structure
sha11 not ~xcead a Building Height of 38 feet. The Structure
shall hav~ ane entrance and exit fram 17th Street at Pico
Bou~evard. The Structure shall have no exit onto 16th Street.
The Structure shall be set back a minimum of one
hundred twenty-four (124y feet from 16th Street curbiine.
3. The to~al Floor Area of the Praject shall not
exceed 420,000 square feet.
w rx '
`(.'b4
B. Landscaplnq. ;.,andscap~ng s~all be as set for~h in
Exhib~t B.
C. Vehicular and Feuestrian Access and C~rculatzon.
Standard s~ze parking spaces shal~ ~e at ieast 8.5 feet wide by
18 feet. Compact park~ng spaces shall be at least 7.5 feet wide
by IS feet, The Parkinq Struct~res shall have ~ngress and egress
from several locatians on the Property as shown on Exhib~t B.
4. APPROVED USEB. By the execution of this Agreement, the
Czty specifically aggroves the use of the Property for
College-re~ated parking.
5.
TIMINa OF CONSTRQCTION.
A. Not less than 30 days prior ta the District's
commencement of construction of the Parking Structures, District
shall submit all canstruction plans to the City far review to
confirm that the co~struction plans camply with this Aqreement.
City shall review such construction plans and shall notify
District that such plans do ar do not comply with this Agreement
within fourteen (~4) days of receipt of such constructian plans.
B. District shali simultaneously bid the construction af
the two Parkinq Structures, and shall camplete c~nstruction of
both of th• Parkinq Structures and of the improvements in
accordance with the following deadlines:
(i) District to abtain Office of State
Architect (OAS) Approval
(ii} District to Award Bid
(iii) District ta Commence Constructian
~
November 21, I989
January 8. 1990
February 15, 2990
`" `- Il l~.i
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(iv) bistr~c~ to ~o~plete Construction ~~rii 15, 1991
~istrict must commence constract~on of both Parkinq SCr~sctures on
or before February 1~, i990, and, sub~ect to ~xtens~an of
deadlines as set farth be~a~, cemp?ete construction af such
Parking Structures and all on-site and off-site improvements
required in connection trerewith within fourteen (14) ~onths
after commencement of such cons~ruction. If pzstrict faiZs to
commence and complete constructzon wlthin sueh period, City may
terminate this Agreement, ~n addit~on to such other remedies as
are set forth in Cantract Na. 5100 (CCS).
C. Extension of Dead}.ines. The failure of the District or
the Ci~.y to a~eet the performance deadlznes se~ forth above shall
nat be ar- event of default if the D~strict or City is prevented
fro~n doinq so by reason of events ar eircumstances beyond the
control of either the City or the District. In this regard, the
parties acknowledge tha~ obtaining OSA approval as set forth in
item {i) of paraqraph A above is an event beyond the control of
either party. In the event that either the City or the Distri.ct
is delayed in complying with any of the deadlines set forth
above, the deadlinea so delayed shall be extended for a period ~f
not more than s~xty (50) days. If the city or the District is
prevented fram complying with any of the deadlines set forth
abave fo~ a periad of more than sixty (60y days, the parties
shall attempt, within an add~tio~.al thirty (30) days, to aqree to
new deadlines. If, at the end of such additional thirty (3U) day
period~ the parties cannot agree or~ new deadlines, such failure
to aqree shall terminate the City's abligations under this
ts r ~ ~ .
'~ l, d :i
Agreement aru shali ~e an evenc ~f defau~t under the i,ease;
provlded, however, that =~e C~llege's fa~~ure to obtain ~SA
approval shai~ not ter:,tirate t::is ngree:.~er.t or be considered an
event of defaait ander ~he ~ease Lntil the expiration of an
addltional thirty (30} day period. Both ~arties sha~l be
reasonable ~n ~heir attempt to neg~tiate any new deadlines.
D. Dlstr~ct shall be requlred to comply w~th all
requirements of the ~ffice of ~he State Architect ("OSA") and to
abtain ~SA appro~al of the Pro~ect prior to commencement of
construction. In the event af a conflict between requirements of
the City and of OSA, OSA req~arements shall prevail.
6. PROJECT KITIGAT~ON MEASIIREB. To comply with applicable
provisions af the General Plan and to mitigate specific burdens
upon the community resulting from constructian of the Parking
Structures, District aqrees to provid~ the following praject
mitigatzon measures:
a. Physical Mftiqations.
(1) Pav~ment treatments shall ba applied to each
Parking Structure to mitigate noise effects as €oilows: Pavement
ta be hand trowel finished with maqnesium trowel. Finish shall
be in rotary pattern to obtain sweated swirl finish. Finish
shall be subject to architect's approval. Medium broom finish at
right angles to flow of traffic shall be acceptable alternate.
(2) Exterior light',~ of each Parkinq Structure shall
be shielded and directed away fram surroundinq residentia7. uses.
(3} Oper~ings on each ~evel of the Parking Structures
shall be designed to eliminate direct exterior penetration of
[1 H
r9 Y~ .. ~ ~ ~
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head~ights of vehicles with~n t~e Structures. No open~ng shall
be allowed on the west ~ali of either Parking Structure on the
second and third leveis.
(4} Materials used for the roofs and exterior facades
af each Parking Structure shall be af a non-reflective nature.
(5) District shall pay Gaty one-fourth (1/4) of the
cost of acquisition and installatlon of traffic signal
improvements at the intersection of Pica Boulevard and 16th
Street and for the ~eft turn s~gnal at the extensian of I7th
Street at Pico Boulevard as may be required by the City if in
City's sole discretian it determines such signal impravements are
needed.
(6) Signage at the Sixteenth Street exit of Lot 4
shall indicate right-turns Qnly.
(7) The District shall reimburse the City for the
cast of installinq a raised center median divider alonq Sixteenth
Street adjacent to the Lot Four Parking Structure exit that will
physically prevent left turn exiting onto Sixteenth Street.
B. air Quality Durinq Conatruction. Equipment engines
shall be kept in proper tune to reduce e~chaust emissions . Such
equipment shall not be operated durinq first or second stage smaq
alerts. Durinq excavatian, the site shall be watered at least
twice dafly to prevent excess5.ve dust, and waterinq shall be
increased during periods that wind speeds exceed 15 miles per
hour. Mud and dirt shall be removed from the surroundinq streets
and publicly uaed sidewalks on a daily basis.
G. Yahf.a~• 711ars Plan. Prior to issuance of a CertiFicate
of Occupancy for either Structure, District shall submit a
- i~17~
- 9 -
~~ehicle aiar:a plan for review and approra~ of the City Manager
whlch shali address measures the ~istrict sha~i take ta mitigate
no~se fram vehicle alarr,~s with~n ~oth ~ark~nq Structures.
D. water Conservation.
{Z} Automatic sprinklers shall be set ta water
landscaping durinq eveni~q and early morning hours only sa as ta
reduce excessive ~~ater require~ents due to water Ioss by
evaporat~an.
(2) To the extent feasible, landscapinq sha~i
cansist of drought-resistant pZants and the ldndscaping plans
shall be subject to the approva~ of the Department of General
Services as to the water conservation feat~res of such
landscaping.
8. Impact~ on Traffic and Neiqhborhoad Durinq
Construction.
(1) Vehicles hauling dirt vr oth~r construction
debris from the site shall cover any apen load with a tarpau~in
ar other secure coverinq to m~nimize dust emissions. bistrict
shaZl maintain a staging area on the Property for use b}{
canstruction firms and vehicles and s*~11 dssiqn ~raFfi~ patterns
for construct~on vehicies, both an-site and off-si~e, in order ~o
minimize th~ impact of construction activities on adjacent
streets. Pr$or to the commencemen~ of construction bidding,
District shal~ prepare a eonstruction period mitiqation plan
which shail implement the items specified in this Paraqraph and
which shall address canstruction hours, naise mitiqation, and the
~
lacation oF construction staginq areas and District shall sixbmit
such canstruction period mitiqation plan to the Department of
~4 ~ .- ~~ ti .~
_ ~n ..
General Services for review and approval. In addition, D~strict
shall cooperate with the C~ty's Depart~e~t o€ General Services ~n
arder to de~elop other mutually ac4eptabl~ ;:~eans for minimizing
Pro~ect impacts.
(~) District shail prepare a construction vehicle
clrcu2ation and daily use p~an that specifies the praposed
construction routes, hours, and da~es, and zndicates the manner
by wh~ch the co~leqe will reasonably seek to ~iniMize noise,
vehicle, and related impacts caused by construction activities.
~ Sazd p~an shall ident~€y one or mare designated individuals who
will ~e responsible for coordinating and monitaring the
construction vehicle circulation use plan and who will also be
available during normal office hours ~o respond ta neiqhborhood
resident c~mplaints reqarding canstruction vehicles. ~istrict
shall mail a copy of said plan to all current property owners and
tenants residing within a l0a foot radzus of the colleqe campus
boundaries. A copy of the construction vehic~e plan shall a~so
~e published at Ieast once in a local daily newspaper.
F. Energy Con9ervation. Each Parking Structure in the
Project s~all c~mply with all pr~visi~ns of Title 2a of the
Ca~ifornia Administrative Code relating to energy conservation.
3. ~aa~ssibflity. The Project's handicap accessibility
requirements shall be as detenained by the office of the State
Architect's Access Compliance Department.
7. aBNER~L SERVICSB REQOIRSI~ENTB. District shall comply
with all requirements af the Ci~y's Department of General '
Services as enumerated in Exhibit C. Nothinq in this Aqreement
~r ~; .~ ~ ~~ ~,
is zntended to exempt tre Pro~ect frc~ _o~pliance with current ~r
future requ~raments af ~he Ce~ar~:^er,t of General Serv~ces to
which the District would :the r~~se ue sub~ect, and which are
applieab~e to other ~:~proveraent~ within the C~ty an the date any
such future requirement ~s p,aced into effect in the City.
8. CHANGES TO THE PROJECT NOT REgUIRING AMENDMENT OF
DEVELOPMENT AGREEMENT. If Distrzct desires to make any of the
following changes to the Prvject, D~strict shall do so in
accordance with ~he provisions of ~his Section. If District
desires to make any other changes to the Project, an amendment of
this Aqreement shall be required.
A. Upon approval of the Zoninq Adbninistra~er, District
may, without amending this Agreement, (i) increase the Flaar Area
of e~ther Parking Structure above the respective F1oor Areas set
forth in Section 3 above, t~y an amount nat greater than 15,OOQ
square feet for either Structure, pravided that the tatal FZoor
Area af the Praject shall not exceed 440,000 square feet; (ii)
relacate the driveway accasses to the Pro}ect by not more than 5
feet if approved by the City's Department af General Services;
(iii) re~ocate tha exterior wal~.s of any bui~dinq by a distance
of nat mora than 4 feet; however, in no case may the 16th Street
setback be redu~ed as a result of such relacation.
S. District shall file an application to the Zoning
Administratar on a form approved by the Zoning Administrator
which shall require District to speciPy the specific chanqes
being requested and ta attach plans describinq such chanqes.
- 12 - r~~. ..~,~~
C. The fee f~r ~ny s4c~ aY~~LCation shall be equal tn the
fee then established 5y rescl~~~~n ~~i ;evelop„~ent review perma.t
applications.
D. The Zon3nq Ad:~in~s~ra~~r :~ay arprove or conditionaZly
approve the applicaticn if he or she finds that the changes
applied for w~ll not adversely affec~ the cor~patibility of the
Prolect with the s~srround~ng r.ezg~borhocd and are harcnonious with
the overall scheme of de~elop;~ent of the Pro~ect.
E. A statement of afficial act~on shali be issued by Che
Zoning Administratar pramptly folZowing his or her decisian
stating the decision and findirigs in support thereof.
9. EFFECT OF AGREEMENT ~N LAND IISE REGOL~ITION$.
A. The City's zoning codes, orc~inances, rules,
regulations, and official policies governinq permitted uses,
density, design, improvement, and standards and specifications
for the Praperty shal~ be those cades, ordinances, rules,
regu~ations, and officia~ policies of the City governing
permitted uses, dens~ty, design, improvement, and standards and
specifications generally applicable to the develapment of real
property, as defined in the Zoning Orc~inance, in force at the
time of ths execution of this Agreement, except as modified or as
otherwisa pravided herein (as so modified, the "Existing
RegulationsM); pro~ided, however, that:
(1) District shall be subject to all increases in
City-imposed application and processing fees and chargea with
respect to su?~sequent applications for development and ,
canstruction within the Property, so lonq as such fees and
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charges are of general applicat~cn an3 r.ot ~~posed soiely w~th
respect to the Property.
{2} Norhing herein shai~ prevent Czty, in subsequent
actions applicable to the Praperty, (a) from applyinq new rules,
requlations, and po~ic~es which do nat conf~ict wzth Existinq
R~gulatians, or (b) from denyi^g or conditionally appzo~inq any
subsequent development pro~ect application relating ta the
Property on the basis of such new rules, regulations, and
palicies.
(3y In the event af fire or other casualty,
requiring reconstruction af more than fafty pexcent (50~} of any
building previousiy constructed hereunder, nothing herein shall
prevent City from agplyzng to such recanstructian all
requirements of City's Building Code and other construction-
related standards and specifications then in effect.
B. As applied to this Agreement and the Project, any
provisions of the Santa Monica Municipal Cade or appendices
thereto inconsistent with the provisions of this Agreement, to
the extent of such inconsistencies and not further, are hereby
modified to that extent necessary ta effect the provisians of
this Aqre~snt .
C. The desiqn €eatures, signage, and landscapinq plan for
the Pro~ect will be reviewed and approved, or conditionally
approved, by City's Architectura3 Review Board {"ARB") in
accordance w:tth design review procedure~ in effect under Existinq
Regulations. Except for desiqn features, siqnaqe, and
landscaping~ such review shall not include any other aspect of
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the Pro~ect wh~ch has been spec~fical~y approved by this
Agreement such as siting, buildinq ~ass, or density.
D. City and District ackr,owledge that the provisions ~f
this Agreement are intended to zmplement the zntent of the
part~es that ~istrict have the r~ght to develap the Praject, and
that City has the riqht to control development of the Property,
pursuant ta specif~ed and known standards and rules which will
remain the same during the term di this Agreement. This
Aqreement shall nat be deemed to interdict any riqht of the City
or the District, as governmenta~ entities, to act in accardance
with their powers, duti~s, and abligations.
E. City shal~ not be entitled to impose any mitigation
measures or fees in lieu thereof for impacts caused by
development af the Fraject oth~r than as set forth in this
Agreement and such fees as are normal~y charqed or impased in
connection with the cons~ructian of projects af similar si2e,
suah as water and sewer connection fees, plan cheCk and building
permit fees, and other similar fees.
lo. CSRTIFIC~TEB OF OCCIIP]~t~iCY. Upon completian of either
Parkinq Structure oonatructed under this Aqreement and Contract
Na. 51D0 (CCS), Existinq Regulations, and other applicable
aqreement~ betwean City and District, the District shall be
responsible for obtaininq fram OSA a Certificate of Occupancy
therefar.
11. ENpORCEME1~iT = P$RIODIC REVIEIf, 0~ COMPLI~MMCa ~'PS
11aRaEl~E~'T. This Aqresment is enforceab~e by ar~y party to it
notwithstanding a change in any applicable qeneral or speci#ic
~~ ~~~ '
_ i~ _
plan, =oning, subdivisicn, or bui'_d~r.g =egulat~or,s adcpted by t~e
City whtch alter or amend ~he Ex~sting ~egulations.
The City shall review this Agreement at least once during
every twe~ve (F~) month period iroo the date this Aqreement aas
executed. Durinq each periodic _eview by the City, Distz~ct
shall bs req~ired to de~onstrate goad faith compiiance wzth the
terms of this Agreement.
ZZ. DEF~OLT. D~strzct or Clty shall be ~n default under
this Aqreement upon the happening of one or ~ore of the followzng
events or canditzons ("Event of Default"):
A. District defaults {~~District Defau~ts"):
(1) District shall fail to pay City any amount due
under this Agreement as and when due.
{2) District shall fail to perfarm or camply in good
faith with any vf the other aqreements, terms, covenants, or
conditions of this Aqreement on pistrict's part to be per~ormed
or complied with, and such nonperformance or I1Ci1COIDp11~IiCB shail
continue for a period of thirty (3~) days after written notice
from City, ar, if such perfonaance car,not reasonably be completed
within such thirty (30) dr~y period, District shall not in qood
faith hav co~~ncod such perlormance within such thfrty (30) day
period or shali not diliqently and continuously procaad th~rewith
to comp~etion; providad, however, that in no event shall such
cure pariOd ba extended beyond one hundred twenty (120) days lra~
the date nf such notice.
(3) A material warranty, raprassntation, or written
statemant mada or furnish*d by District to thi Cfty is fals~ or ~
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r17 I-a ~ ~j ~ u
proves to have been faZse in any materzal respect when it was
~ade.
(4) A findinq an~ deter~inatian by the Ci~y Council
of the City made u~an the basis of substantial evidence following
a Qeriodic revzeW under Section 11 or otherw~se of District`s
good faith compliance ~ith the t~ r.r,s of this Agreement that
Dzstrict has not complied in good fazth with the terms or
conditians of this Agreement.
(5) An express repudiatian, re€usal, ar renunciation
of this Agreement by District, if the same is in writing and
szqned by the District.
B. City default ("City Default"):
{1) City shail fail ~a comply in qood faith with the
requirements hereof regardinq the pez-~itted development standards
and uses specified hereiri and such failuze shall continue for a
period of thirty {30) days after written notice fram District,
or, if such failure cannot reasonably be remedisd by City within
such thirty (30) day period, City shall no~ in qood faith have
ca~m~tlced to cure such failure within such thirty (30) day period
or shall nat diifgentZ~ and continuaus3y proceed therewith to
completion; providad, however, that in no evant shall such cure
period b~ sxtandad beyand ane hundred twenty (~20) days from the
date vf such notice.
(2) City shall expressly repudiate, refuse, or
renounce this Aqreement in writing.
~
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13. PROCEDURE UPON DEFA~LT.
A. Upon the occurrence of a D~strict Default, City may
term~nate this Agreement upon writ~en not~ce to District or, in
the ~ase of a Dlstrict Default ~~nder subsectian 12A(4) hereof,
City may modkfy or te~;nate this Agreement pursuant to
pro~edures set forth in the Existing R~gulations.
B. Up~n the occu~rence of a City Default, District ~ay
terminate this Agreement upon °Nritten r.otice to City.
C. AlI remedies at law vr in equity, including specific
performance, which are not otherwise prov~ded for in this
Agreement ar in the City's req-lations governing development
agreements, are available to the parties to pursue if an Event of
Default occurs hereunder.
D. If this Agreement is terminated on account of an Event
of ~efault, the rights, duties, and obligatians of the parties
hereunder shall cease as of the date af such termination. If
City is the terminat~nq party, then any and all benefits,
includinq money received by the C~ty, sha11 be retained by City.
Notwithstanding any ather provision of ~his Agreement to the
contr~ry, Distr~ct's and City's ~bligations to pay or perform
ab~igatiens incurred or accrued prior to the date of any
termination of this Agreement shall survive any such termination
and shall hs enforceable after such termination.
1~. ~OTICS OF TER~IINATION. ~pan termination of this
Agreement, the parties hereto shall execute an appropriate notice
of termination suitahle for recordinq in the Official Records of
Los Anqeles County.
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15. DQRATION OF AGREE~ENT. :~~s Agreement shall expire
twenty-five (25} years fro~ executi~n r~ereof. After expiration
or fu~l satisfaction the parties shall execute an appropriate
certlficate of ~er-^~inat~on nh~c~ sZall be recorded in the
Officiai Recards of Los ~ngeles County.
16. SIIPERSED~RE HY 3UBSEQIIENT LAWB. ~f any aqency other
than City passes any law or regulat~.cn ("Law") after the date of
this Agreement which prevents or precludes compliance with one or
more provisions of this Agreement, then the parties shaZl meet
and confer in ,ocd fa~th ta 3eterm~ne the feasib~].ity af
modifying or suspending one or more provisians af this Agreement
to comply with such new Law based an the effect such modification
or suspensian would have on the purposes and zntent of this
Agreement. In addition, Distriet shall have the right to
challenqe the new Law preventing complsance with the terms of
this Agreement, and, in the ever~t such challenge is successful,
this Agreement shall remain unmadifzed and in full force and
effect.
17, T-EME'~IEB CUMULATIVE. lny right or remedy ~f either
party in this AqrBement and any other riqht or remedy that that
party may have at law or equity upon the other's breach of any
covenant, aqreement, term, provision, or condition in this
Agreement shall be distinct, separate, and cumulative riqhts or
remedies and no ene of them, whether exercised by that party or
not, shall be deemed to be in exclusian of any ather. Each party
may, in its discretion, exercise any and all thereof, at ance or
~: -~;~~
_ , ., _
in succession, at such tim~ ar ti-es as the party cons~ders
appropr~ate.
18. NQTICEB. Any not~ce, de~and, request, consent,
approval, or cammun~cat~on ~:~,ch either party zs required to or
may give to the other hereunder sha11 be in writing and shall be
delivered or addressed to the other at the address below set
forth or to such other address as elther party may from tame to
ti~ne direct by written not~ce given in the manner herain
prescribed, and such notice or com.~nunicatian shall b~ dee~ed to
have been given or made when communicated by personal delivery or
by independent courier service or by facsimile, or if by mail, on
the second business day after the c3eposit thereof in the United
States mail, pastage prepaid~ registered or certified, addressed
as hereinafter provided. All notices, demands, requests,
censents, approvals, or communications from District to City
shall be addressed to City at:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attentian: City Manager
With Copies to: City Attarney
1685 Main Street, Third Floor
Santa Manica, California 90401
Attention: City Attorney
And to, D~rector of Camm~nity and Economic
Development
City of Santa Manica
1685 Main Street
Santa Monica, California 90401
Attention: Directar
And to, Director of Planninq
City of Santa Manica
1685 Main Street
. Santa Monica, California 9U401
Attention: Director
_ ~n _ ° -k~?:
Al1 notices~ de~ands, re ~ues*s, corsents, approvals, or
communlcations fro~ Czty ~o ~~stri~t shall be addressed to
District at:
Santa Monlca Com.~unit•~ C~llege District
Office of the Superintendent
and President
1900 Pico Boulevard
Santa Monica, California 90~05
Attention: Superintendent and
President, UR~ENT
Wlth coples to: Buszness S~rvices
Santa Monica Coliege
1900 Pico Boulevard
Santa Monica, Califarnia 90405
Attentian: De~uty Superintendent
1,9. INDEKNIFICATION.
A. City shall have r~o liabi~ity of any kind whatsoever
for, in cannection with, or as a result of the Froject, ar any
portion of the Praperty, or the condition thereof or the
ownership or aperation thereof, or any act or occurrence that
occurs ~hereat or in connection therewith, at any time during the
term of this Agreement, whQther for any damage or in~ury to any
persons whatsoever or to any property of District or af any other
person for any reason whatsoever, z~~~.luding, without limitation,
those occasioned by or arising from:
1. The demolition of existinq buildinqs, if any, or
the construction, operatian, or maintenance af the Prvject or any
improvements upon any portian of the Praperty, or the condition
of any portion of the Property.
2. Any conduct, act, or omission of City, its agents
or employees except for any claim against City for any injury or
damaqe to District or any ather persor- which was caused by the
~ ~ ~ ~ ~ ~i ` 1
~~~u
_ neqi~ger~ce :~r reck~ess :r «~'~i~•al ~~s~ondsc~ of City ;,~ a;,•f ~y
its agents or e^ployees, to t~e exter,t not covered by insurance.
B. D~strict agrees to ~ndemnify, defend, and hol~
harmless, City, ~ts C~t~r C~unc~i boar~s and commissians,
off~cers, agents, ar~d employees frc~ and against:
(1} Any and a~i act~ons, causes af actian,
o~ligatlons, losses~ i~abillties, dar~ages, in~ur~es,
c~aims, and de:~ands of ar.y kind whatsoever that may resuit
fxam any claira, assertion, or impasit~on against C~ty by
any person of any liabzlity or cla~m therefor for any
matter or of any klnd as ta which City ~s to hava na
liability as provided ~n subsection (a} o€ this Section, as
well as all costs and expenses includinq, without
limitation, attorneys' fees, relating theret~ reqardless of
the merit or outcome thereo€;
(2) Any and all penalties, fines and prosecutions,
suits for abatement of any public or private nuisance and
the imposition against City of any Iiens, as well as any
costs or expanses (including, w~thout limitation,
attorneys' fees} related to any such claims, penalties,
fines, prosecutions, suits and impositions, regardless of
the merit or out~ome thereof;
which occttr dur~nq or relate to the term o€ this Agreement, and
which arise out of District's operation, business, or any other
acts or omissions of District with respect to any portion of the
Property, or out of any use or accupancy of any portion o€ the
Property by D~strict or any other person during the term of this
Agreement, or out of any condition af any portion of the Property
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~~r~rg 4~e ~er~ ~f ~~is Hyree-e~T, ~r o4~ of ar~y defa~lt by
~~s~r~ct in ~he perfo:mance or o~se ~:~^ce of any obligatian on
Distr~ct's part ta be per~c~:ed ~~r.der ~~~s Aqreement or out cf
a~y fa~lure by Distric~ to ~~~p~y ~i~~ any legal requirements or
applicable agree~ents cr covena^ts N~th respect tc any use,
occugancy or conditzc~n cn, ~z, or a~out any por~ian of the
Property; provided, however, that C~ty, ~~s C~ty Counczl, boards
ana cammissions, offieers, agents, ard employees shall not be
entitled to indemnification for damage caused to such indemnified
party hy reaso~ of such inde~nified party's own negligence or
willful act or wiliful omisszon.
20. NO ORAL M~DIFICATION. Ko statiement, action, or
agreement hereafter made shal~ be effectzve tv change, a~end,
waive, modify, discharge, terrtiinate ar effECt an abandanment of
this Agreement in whale or in part unless such statement, action,
or agreement is in writing and signed by the party against whom
such change, amendment, waiver, modification, discharge,
ter~ination, or abandonment is saught to be enforced.
Y1. $BVER~iBILITYi IIN~LIVITY OF P1riRTIC[TLAR PROPI8ION8. If
any term or provision of this Aqreement or the applicat~on
thereof to any person or c~rcumstances shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement, or the
app~ication of such t~rm vr provision to persans or circ~mstances
other than those to which it is held invalid or unenforceable,
shall nat be affected thereby, and each other term and provisian
of this Aqreement shal], be valid and enforced to the fu].lest
extent permitted by law.
~i r ~ J ~ ir
_ "1 "1 -
22. ATTO RNEY-8 FEEB. I~ ~3se suit sr~all be brought
because of breach or alle~eµ ~reac~ cf any covenant or condit~an
here~n canta~ned on the ~~ar~ of Cist:~.ct or City Co be k~pt or
performed, the prevailing par~y shal~ be entitled to reasonable
attorneys' fees zn additzon to co;~rt costs and any and all other
costs recoverable in said ac~~cn. Such attarney's fees shall be
deemed to have accrued en t;~e comnencer~ent of such action and
shall be paid whether or no~ such actlvn ls prasecuted to
~udgmen~. In any case where this Ag~eer~ent provides that Either
party zs entitled to recov~r its attorney's fees from the other,
the recoverinq party shali be entitled to recover an amount equal
to the fair market value of services provided by attorneys who
are emplayed by the recoverang party as we1Z as ar-y atto~neys'
fees actualiy paid by the recovering party to third parties.
Z3. E%HIBITB. A12 exh~bits attached hereto and/or
referred to in this Agreement are incorporated herein as thouqh
set forth in full.
24, CON8TRQCTION. The parties agree that each party and
its counsel have reviewad and revised this Agreement and that any
rule of construction ta the effect that ambiguities are to b~
resalved against the drafting party shall not apply in the
interpretation af this Agreement or any amendments or eychibits
thereto.
2 5. COII1~iT$RPI~RTS . Th i s Agreement may be executed i n
several counterparts, each of which shall be deemed an oriqinal,
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- ~~~.~
and s~ch caunt~rparts sha~l ~~nst~~~~4e b~~~ cne ard the same
instrument.
26. RECORDING OF AGR£EMENT. The partles hereto shali
cause th~s Agreement to be recorded in the Official Records of
the County af Los Angeles. The cast, if any, of recording this
Agreement sha~l be borne by C~strict.
~N WxTNESS WHEREOF, the parties hereto have duly executed
this Aqreement as af the day and year first above written.
CITY OF SANTA MONICA,
a munic~pal corporation
APPROVED AS TO FORM:
(~}~'(.?~..~ w~..
R06ERT M. MYERS ~~
City Attorney
~y .
t1 ~ •
J~HN JALILI
City Manager
SANTA MONICA COMMUNITY COLLEGE
nISTRICT
By~
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ATTAGHMF~1rI' B
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