SR-091608-1LCity Council,Meeting: September 9, 2008
Agenda Item: ~I-a
To: Mayor and City Council
From: Lee E. Swain, Director -Department of Public Works
Subject: Windward School Side Yard Maintenance and Lot Tie Affidavits
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute a
Covenant and Agreement regarding Maintenance of Yards for an Oversized Building,
and a Covenant and Agreement to hold Property as One Parcel for City owned property
being leased to Windward School.
Executive Summary
Windward School leases property owned by Santa Monica located in the City of Los
Angeles. The school is constructing additions to its recreational facilities on campus as
allowed in its lease agreement with the City of Santa Monica. Los Angeles Department
of Building and Safety requires that the property owner (Santa Monica) execute an
affidavit for side yard maintenance and an affidavit for a lot tie before a certificate of
occupancy can be issued to Windward School. The lot tie affidavit will create a single
lot from what are now four separate lots, .and the side yard maintenance affidavit
establishes minimum clearance distances in side yard maintenance areas. Santa
Monica staff has reviewed the affidavits and determined that neither of the affidavits
presents a restriction or obstruction to the continued use of the property for water
production or treatment purposes as stipulated in the lease. There is no cost
associated with the approval and execution of these agreements.
Discussion
Since 1983, the City of Santa Monica has leased to Windward School a portion of City
property located at Sawtelle Boulevard and Palms Boulevard in West Los Angeles. The
property encompasses the Charnock well field, comprising approximately 7.5 acres
south of the flood control channel at the location. Under the terms of the lease,
Windward is authorized to use the property for recreational purposes, principally as
outdoor play fields and as basketball courts. The lease, and its subsequent
modifications, also designates certain building zones in which Windward is allowed to
1
build structures to be used as educational and/or athletic facilities. The initial duration of
the lease was July 1, 1983 to June 30, 1998 (15 years). The fourth modification to the
lease, executed in 2005, extended the lease terms to 2055.
Language in the original lease and all subsequent modifications remains very clear with
respect to the property's use as the city of Santa Monica's well field. The most recent
modification reiterates that water production related use is deemed to be the primary
use for this site, and that Windward agrees not to interfere with any work performed by
the City related to these activities. Throughout the lease period, the City and Windward
School have worked cooperatively in maintaining the terms of the lease:
Windward School is presently constructing additional classroom facilities and an
expansion to its gymnasium facility within the building zones allowed by the lease. As
a condition of issuing the certificate of occupancy for the new construction to Windward,
the City of Los Angeles Department of Building and Safety (LADES) requires that the
property owner (Santa Monica) execute two separate affidavits: a Covenant and
Agreement regarding Maintenance of Yards for an Oversized Building (Side Yard
Maintenance), and a Covenant and Agreement to Hold Property as One Parcel (Lot
Tie).
The Side Yard Maintenance affidavit is a requirement related to the additional building
footprint being added to the gymnasium facility. The affidavit establishes aforty-foot
wide maintenance area adjacent to the north and east side of the gymnasium building,
unobstructed from ground to sky, and establishes minimum separation distances of
future water wells from the building (10 feet minimum) and from other water wells
(minimum 50 feet between adjacent wells) which the city may decide to install in the
future. An existing water well within this area remains in place and will be unaffected
by this affidavit. Staff has determined that the conditions of this affidavit will have no
detrimental effect on the operation of the property for water production purposes.
2
The Lot Tie affidavit is a requirement related to the proximity of the parking area to the
revised gymnasium building. The additional parking area necessary to accommodate
the increased building size for the new gymnasium resides on anon-contiguous parcel
of the leased land. As a condition of granting the certificate of occupancy to Windward,
LADBS requires that a lot tie affidavit be executed by the property owner, effectively
creating a single lot from what are presently four separate lots. Staff has determined
that the conditions of this affidavit will have no detrimental effect on the operation of the
property for water production purposes.
Financial Impacts & Budget Actions
There are no financial impacts, budget actions, or costs associated with this action.
Prepared by:
Gil Borboa, P.E., Water Resources Manager
Approved:
Lee E. Swain, Director
Department of Public Works
Forwarded to Council:
P. Lei 'ont Ewell
City Manager
3
Reference Contract No.
8971 (CCS)