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sr-041310-7bc7® c;cvor City Council Report Santa Monica City Council Meeting: April 13, 2010 Agenda Item: ~- - To: Mayor and City Council From: Eileen P. Fogarty, Director of Planning and Community Development Subject: Development Agreement 08DEV-002 and Environmental Impact Report 08EIR-004 for a campus enhancement and parking improvement plan for the St. Monica Catholic Community. Recommended Action Staff recommends the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report. 2. Adopt a resolution making the necessary CEQA findings, adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring Program. 3. Introduce for first reading an ordinance adopting Development Agreement 08- 002 Executive Summary The applicant proposes a Development Agreement (DA) to allow St. Monica Catholic Community to construct a single-phase Campus Enhancement and Parking Improvement Plan (project) on St. Monica's property. For various reasons, including the fundraising necessary for St. Monica (a non-profit religious organization) to accomplish the construction and the need to minimize disruption to the on-site elementary and high school education, the total project is anticipated to be completed within seven to ten years from the approval of the DA. Therefore, the Development Agreement negotiations include 4he establishment of the Planning entitlement permit term. The primary goals of the project are to improve the existing facilities and programming available to the students, parishioners and the community. The project will also reduce the existing parking deficit and improve the availability of parking on-site when school is in session by constructing athree-level subterranean parking garage. The project consists of: 1) The demolition of the existing Pastoral Center (13,465 square feet) located at the corner of California Avenue and Lincoln Boulevard; 2) Construction of a new Community Center (27,500 square feet), in the space vacated by .the Pastoral Center, with three levels of subterranean parking (154 parking spaces); 3) Construction of a 7,700 square foot, 6 classroom addition to the High School East building; and 4) renovation of the existing auditorium, gymnasium and other facilities. St. Monica's proposes a Development Agreement to obtain guaranteed development rights in exchange for public benefits and an extended time frame for project completion since construction will be dependent upon projecffunding. The Development Agreement considers future Land Use and Circulation Element (LUCE) goals and policies and is consistent with neighborhood goals for this area of the City relating to preserving neighborhood character and expanding residential parking. As recommended by the Planning Commission and City Council on January 21, 2009 and March 3. 2009, staff proceeded with the proposed Development Agreement with the St. Monica Catholic Community, in which the applicant and the City: 1) Achieved a design with uses that contemplate the LUCE vision while being consistent with the adopted General Plan. Specifically, an emphasis on the scale and design of new construction were considered. 2) Negotiated public benefits such as shared parking, community meeting space, and use of the bookstore/coffee bar. 3) Negotiated Transportation Demand Management measures to reduce single- occupant vehicle trips Background Development Agreement Overview A development agreement is a contract between the City and a developer that authorizes the type and amount of development that may occur within a specific period of time. Development agreements. are typically used to provide developers with guaranteed development rights in exchange for public benefits: A development agreement must comply with the. General Plan, but can establish different development standards than provided by zoning regulations. A development agreement can provide greater latitude to advance local planning policies compared to the Development Review Permit process. While a development agreement is an alternative to the standard development approval process, in practice it 2 is similar to other public review processes where the City Council makes the final decision with the exception that the City Council has more discretion in imposing conditions and requirements on the proposed project since the Development Agreements are adopted by ordinance and are negotiated contracts. The proposed Development Agreement is contained in Attachment C. At the January 21, 2009 Planning Commission meeting, the Planning Commission reviewed the Development Agreement proposal (float up review) and recommended that the City Council initiate the Development Agreement negotiation and review process. At the March 3. 2009 City Council meeting, the City Council recommended that City Planning staff proceed with the Development Agreement negotiation and review process. The City Council commented about the advantages of providing additional on- site parking, the benefit of the bookstore/coffee bar availability to the public, the importance of sustainable building, providing a traffic management plan for students, and the consideration of providing additional programming to support the homeless as a potential public benefit. Conceptual Float-Up Rendering _ Skylight Coicr Concrete Slnrnfmnt Soctarn 3 Additionally, the following design comments and operational suggestions were provided by staff, the Planning Commission, and City Council during the initial float up consideration of the project: • Community Center Building: - The building design should reflect the institution's importance and provide a prominent corner element. - The architectural style should better relate with the existing buildings on the property and the scale of the site and neighborhood. - The building's pedestrian-orientation should be improved along California Avenue and Lincoln Boulevard, with particular attention to the bookstore/coffee bar and to providing street corner pedestrian access to the proposed chapel. The building should maintain the existing building line along Lincoln Boulevard. • An internalized circulation plan that establishes student drop-off and pick-up routes for the site should be provided. 4 Conceptual Float-Up Layout • Public benefits should include a Transportation Demand Management Program, public use of church parking facilities, and community use of church meeting rooms. Discussion Project Since the initial consideration by the Planning Commission and City Council, and in response to staff comments, the applicant reevaluated and revised the project, reducing the overall scope, including eliminating the phase 2 subterranean parking structure expansion. This results in a single-phase development with a 3-4 year construction term. A detailed project description is contained in the March 17, 2010 Planning Commission staff report. The applicant has also strengthened the public benefit proposal, which is detailed later in this report. Design The proposed 2-story, 38' tall Community Center has been redesigned from the original conceptual design to be more consistent with the existing buildings on campus, improving the overall relationship and compatibility of the structures. The building size has been reduced from 30,438 SF to 27,500 SF. The design is reminiscent of the Spanish Revival style, and is compatible with historic materials including stone siding and clay tiled roofing. Windows and door treatments are both historic and contemporary in size and shape. The California Avenue elevation has acampus-like appearance consistent with the look of the existing High School West building. Distinctive features include the corner tower element that reflects an updated Spanish Revival style compatible with the campus's historic architectural theme. Staff feels that the glazed corner feature could be further enhanced to be more prominent by lowering the side stone panels below the top level of the glazed corner feature, making the glazed element the tallest feature at the corner. The applicant has agreed to continue discussions with staff on improving the top portion of this corner element, and Condition No. 17 in Exhibit "J" of this Development Agreement requires the Architecture Review 5 Board to pay particular attention to whether the design successfully addresses the street corner. Overall, the building design has been simplified, including the landscaping adjacent to the .sidewalks. The previously proposed meandering sidewalk with pockets of landscaping has been removed, and the area between the building and sidewalk now includes pedestrian ramps, landings for entrances, and a seating area adjacent to the bookstore with coffee bar. This is an improvement compared to the previous design that provided landscaped areas between the building and sidewalk that separated the pedestrian from the building. Furthermore, the window openings along the California elevation provide visibility into the building, adding to the pedestrian-orientation. The new Community Center building has also been divided into three separate buildings to accommodate the proposed uses (offices, conference rooms, classroom), thereby creating open spaces between the buildings that are designed at different scales. Noticeably, an interior courtyard accessible from Lincoln Blvd. has been created 6 between the two-story main building and the one-story multi-purpose hall. This courtyard provides open space, seating, and a gathering area for students, employees, parishioners, and visitors, and- is adjacent to the multi-purpose hall which provides conference rooms and a kitchen facility that can accommodate meetings and functions. The building layout reduces the overall mass of the previous building design which consisted of one building, and provides a pedestrian corridor onto the campus from Lincoln Boulevard. The third building, as a part of the Community Center, is a stand- alone one-story building (square footprint) that will be used as a classroom, located north of the multi-purpose hall and vehicular driveway. The main Community Center building will be constructed in a similar building footprint as the existing Pastoral Center, maintaining the existing building line along California Avenue and Lincoln Boulevard. The building has been reconfigured from the original proposed plans, particularly in the relocation of the proposed bookstore/coffee bar with outdoor seating, which now faces California Avenue. The stairwell previously located in this area has been relocated away from the street. The bookstore/coffee bar was previously designed to serve the campus internally, with no visibility or direct pedestrian access from the street. Re-orienting the bookstore to the street improves pedestrian accessibility and enhances pedestrian-orientation by creating a visible gathering area that will create activity along the street. In addition, pedestrian access to the first floor chapel is now provided at the corner of California Avenue and Lincoln Boulevard. Pedestrian access to the chapel will help activate the street corner, and the seating area in front of the bookstore/coffee bar will provide activity along the midblock of California Avenue: 7 Cosswuutity Cmtes Fust Floor Plan The proposed buildings and addition would also be compatible .with the scale of buildings on-site and with those of adjacent properties surrounding the campus. ~ ~,, . CALIFORNIA AVENUE ELEVATION The design maintains the existing neighborhood context in that the proposed Community. Center buildings are primarily designed to replace the existing Pastoral 8 Center. The building is consistent in its orientation to the street and will be used similarly as the Pastoral Center. As shown, the size of the proposed Community Center and High School addition are designed within the context of the existing campus buildings. The Community Center and 7,700 square foot High School addition are consistent with the Secretary of the Interior's Standards for Rehabilitation in terms of architectural design, proportions, scale, and materials, and within the context of the historical and architectural themes of the campus. Overall, the design is compatible with the historic materials, features, size, scale and proportion, and massing, protecting the integrity of the property. The project is thereby consistent with the goals of the future LUCE for the Wilshire/Montana area which seek to protect, preserve and enhance the residential neighborhood and to ensure compatible design to preserve and enhance neighborhoods. The applicant proposes to develop the project according to LEED Certification Standards and to achieve a silver rating, however actual certification from the US Green Building Council may not be obtained for the project due to associated costs, and therefore St. Monica's plans to dedicate such funding towards cost of materials to accomplish a silver rating. Achievement of LEED Silver Certification shall be reviewed and verified by the City's Green Building Program Advisor during the plan development, plan check, and construction phases of the project. The City's Green Building Program 9 Lincoln Boulevard Elevation Advisor will act as the USGBC in verifying the achievement of a silver rating (Condition No. 1 in Exhibit "J" of Development Agreement). Pursuant to Article 6 of the proposed Development Agreement, although the schematic design shall be considered by the Planning Commission and Council, the Architecture Review Board (ARB) shall review the building design, colors, and materials of the proposed project, as described in Article 6.5 of the Development Agreement. Public Benefits The applicant proposes the following public benefits, as further described in this report and in Exhibit "L" of this Development Agreement. • A Transportation Demand Management Plan intended for students, employees, and parishioners that would reduce parking demand and vehicular trips in the area. • Shared Parking: Allow neighborhood use of 15 parking spaces located at the off-site surface parking lot at 1140 7~" Street (owned by St. Monica's) during off-peak hours. - Hours of Availability: Enter after 8 PM (Daily) Exit before 7 AM (Monday -Friday, Sunday) Exit before 9 AM (Saturday) • Community Meeting Space: Community meeting space will be available to city departments, community groups, and nonprofit organizations. • Public use of the Bookstore/Coffee Bar: The proposed bookstore/coffee bar will be available for public use during all operating hours. Parking and Circulation A key component of the proposed project is the increase of on-campus parking to better serve the existing staff and parishioners, directly improving the availability of on-street parking for the neighborhood. Currently, there are 227 parking spaces available for the campus, consisting of 201 surface parking spaces on-site and 26 spaces located in an off-site parking lot at 1140 7th Street. Upon completion of the proposed project, a total of 323 parking spaces will serve the campus, including 154 spaces provided in the proposed three-level subterranean parking garage, 143 surface spaces within the 10 playground/courtyard, and 26 spaces on the 7th Street lot (96 net new campus parking spaces). The proposed subterranean parking garage will allow existing student, staff, and parishioners who currently utilize nearby street parking to park on the project site. This will reduce street parking demand within the neighborhood, while increasing the street parking availability for residents. With additional parking available on the project site, the amount of "cruising" that is often required to find street parking would be reduced, thereby improving overall neighborhood traffic circulation. Furthermore, the traffic impacts identified in the Environmental Impact Report discussed later in this report are not based on additional trips generated by the project, but rather are due to the shifting of traffic patterns based on a proposed vehicular circulation plan that will manage vehicles accessing the site. I inrnln Rnnlc~m rll A circulation plan for vehicular access routes for entry and exit of the site are proposed for the different campus activities. The figure above illustrates the circulation of the site during Sunday mass and event parking throughout the week (See Traffic Study Figures 2 (A-E) in Final EIR for all proposed vehicular routes). All vehicular paths of travel based on campus activities are listed below: 11 1. Mondav-Fridav Morning Student Drop-Off: Enter on Washington Ave. driveway and exit using north driveway on Lincoln Blvd. 2. Monday-Fridav Afternoon Student Pick-Up: Enter on Washington Ave. driveway and exit using California Avenue driveway. 3. Mondav-Friday Daytime / Evening Parishioner Access: Enter on California Ave. driveway, utilize subterranean parking garage, and exit using south driveway on Lincoln Blvd. 4. Sunday Mass and Event Parking: Enter on Washington Ave. driveway and utilize courtyard surface parking and subterranean parking garage, and exit using north and south driveway on Lincoln Blvd and Washington Ave. driveway. The proposed circulation plan will allow St. Monica's to manage overall vehicular circulation of the site and use of the parking spaces. Condition No. 31 in Exhibit "J" of the Development Agreement has been added to ensure that the proposed access routes are implemented and that St. Monica's continues to manage the circulation of the site. Historic Preservation The High School East building and the Pastoral Center appear to be eligible as historic district contributors for the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) for their association with the campus as both religious ahd educational institutions. Both buildings are an example of Modern and Spanish Revival architecture, designed to complement the earlier buildings on the property. Neither of these buildings appear, by themselves, to be individually noteworthy of these architectural styles, and are better understood within the context of the church and school campus as continuations of the historical and architectural themes of the site during the period of 1925-1930. However, the proposed demolition could reduce the integrity of an eligible district. Staff notes that St. Monica's declared their property and improvements exempt from the Santa Monica Landmarks and Historic District Ordinance pursuant to Government Code 12 Section 37361 (c)-(d) on the grounds of hardship, which exempts all buildings on-site from the City's historic review .processes. Although this declaration has an effect of exempting the proposed property improvements from the City's historic review process, staff does not believe this alters the City's obligation under CEQA to determine whether structures on the property constitute historic resources which may be significantly impacted, and if so, to set forth potentially feasible mitigation measures Consequently, mitigation measures are recommended to ensure the project design's compliance with the Secretary of Interior's Standards for Rehabilitation and to require completion of a documentation report with archival photographs of buildings proposed for demolition (refer to Condition No. 13, 14 in Exhibit "J" of the Development Agreement). In review of the proposed Community Center and High School addition, the building design is consistent with the Secretary of the Interior's Standards for Rehabilitation in terms of architectural design, proportions, scale, and materials as it relates to the potential district. As previously noted, the Community Center building is designed with features and materials similar to the Spanish Revival style. The design is not imitative of the existing buildings, and is differentiated by features such as the corner tower element that reflects an updated Spanish Revival style compatible with the campus's historic architecture. The design would be compliant with the mitigation measure and reduce the potential historic impact relating to the demolition of the Pastoral Center and other campus modifications to a less than significant level. General Plan Consistency St. Monica is located in the Medium Density Housing land use district, which allows for structures to be 3 stories and up to 40 feet in height. While the General Plan. does not expressly discuss places of worship, schools, and related facilities in depth, as part of the objectives and policies for this district, it is generally accepted that churches, schools and related facilities can co-exist in a neighborhood as long as there are adequate measures in place to help minimize any potential adverse impacts. As such, the Zoning Ordinance requires a Conditional Use Permit (CUP) for such uses, and St. 13 Monica's currently operates under a CUP. The proposed construction is also consistent with the General Plan in that the new Community Center and High School addition both comply with height and story requirements. The proposed LUCE goals also represent a key context for evaluating neighborhood compatibility. Pursuant to the LUCE goals for this area of the city, the project needs to be designed in a manner consistent with the following: 1) Protect, preserve and enhance the residential neighborhood; 2) Ensure compatible design to preserve and enhance neighborhoods; Additionally, a key neighborhood issue for this area of the city identified in the LUCE, is to provide adequate parking to residents and visitors by better managing the supply and/or providing additional parking opportunities in areas with parking shortage. Consistent with this, the circulation plan will help St. Monica's manage the vehicular routes to and from the site. The additional 96 parking spaces will help alleviate the residential parking shortage in the neighborhood, consistent with this LUCE objective. Planning Commission Action At the March 17, 2010 Planning Commission meeting, the Commission recommended that the City Council certify the Final Environmental Impact Report, adopt a Statement of Overriding Considerations, and approve Development Agreement 08-002. The Planning Commission also prepared specific project recommendations for City Council's consideration: • Public Benefits: Shared Parking Expand the hours for neighborhood use of 15 spaces at 1140 7th Street from 8pm-lam to 6:30pm-8:30am. The Commission agreed that providing 15 overnight parking spaces for neighborhood use is a public benefit, but the hours of availability limit the benefit. The applicant does not support the recommendation as the timeframe conflicts with the daily operation of the parking lot, and could have residual negative impacts. Staff has since analyzed the Commission's recommendation and believes that the originally proposed hours for public use (8pm-lam) are 14 appropriate. Staff worked with the applicant to understand. their limitations and believes these hours will still provide a valuable public benefit. • Public Benefits: Transportation Demand Manapement Program Enhance the TDM plan by providing a goal set for student trip reductions, provide disincentives for parents that do not comply with the proposed student drop off/pick-up circulation plan, and consider expanding the proposed one-time public transit subsidy in lieu of parking for employees. Goals for Student Trip Reduction: St. Monica has agreed to work with City staff to establish annual goals for student trip reduction. St. Monica will conduct the initial student travel mode survey prior to issuance of a Certificate of Occupancy to establish a baseline and annually thereafter. Annual goals shall be established to reduce single student trips and student vehicles parked off campus. To the extent goals are not achieved in any year, St. Monica's will adjust its program strategies, with the approval of the Planning Director.. Staff believes this is an acceptable enhancement to the proposed TDM plan. Compliance with Student Drop-Off/Pick-Up Plan: The Planning Commission recommends that disincentives be established for parents who do not comply with the proposed student drop-off/pick-up plan. The intent is to ensure that the new plan will be effective in reducing congestion along adjacent streets that currently exists during these times of the day. • Public Benefits: Transportation Demand Management Program "Cost containment" language, as requested by the applicant, should not be included in the TDM measure regarding the Average Vehicle Ridership goal of 1.5. Staff concurs with the Planning Commission in that cost containment language should not be part of the TDM measure since this can limit the City's ability to work with the applicant to achieve the AVR goal of 1.5. The applicant continues to object and requests that City Council reconsider. • Public Benefits: Community Meeting Space Clearly indicate that no fees are required for use of the community meeting space other than refundable cleaning deposit. Staff concurs with the Planning Commission, and therefore additional language has been added to "Exhibit L Public Benefits" of the Development Agreement indicating that no fees are required for use of the community meeting space. • Circulation Plan for Vehicular Access: Consider alternate exiting strategies, such as exiting onto California Avenue for vehicles exiting the subterranean garage during Sunday mass and events to limit congestion on Lincoln Boulevard. 15 Staff is concerned about altering the proposed circulation plan for the following reasons: 1. The EIR specifically reviewed the proposed Circulation Plan and studied traffic accordingly. Any revisions. to the proposed routes may affect the traffic analysis and conclusions provided in the EIR, potentially requiring additional analysis. 2. The applicant intends to prohibit vehicles from using the driveway segment between the church and Community Center after Sunday mass and events to allow pedestrians to safely access the Community Center courtyard and subterranean garage. Allowing vehicles to use this driveway to exit onto California Avenue would delay vehicle and pedestrian circulation, and would not be consistent with how the applicant intends to use the space. • Project Design: Consider eliminating parking space striping within the campus courtyard/playground area to enhance the overall aesthetics. In addition, enhance the landscaping within the courtyard by providing additional green space and trees in the area. Although the applicant agrees this. would enhance aesthetics, it would limit the church's ability to maximize courtyard parking, and would require that staff manage the parking during events throughout the week. The applicant will consider a lighter shade of striping that may not be as visible from a distance but still assists drivers to adequately park. This would be subject to ARB review and approval. Regarding additional landscaping within the courtyard, language has been added to Condition No. 17 in Exhibit "J" of the Development Agreement stating that the ARB shall pay particular attention to the courtyard/playground landscaping plan, specifically to enhance the open space. • Project Design: The ARB shall pay particular attention to the top portion of the corner chapel element. This comment is addressed in Condition No. 17 in Exhibit "J" of the Development Agreement. • Project Design: The Planning Commission did not recommend, but rather encouraged the applicant to consider enhancing the perimeter of the site in reference to its presentation to the street. 16 Staff believes the Planning Commission comment has merit in that improved facades and appropriate aesthetic design is desirable city-wide. Staff recommends that the City Council determine whether fagade improvements to the existing buildings are appropriate given that only interior improvements to these buildings are proposed. If fagade improvements are deemed to be appropriate, staff would recommend review and approval by the Architecture Review Board. • Exhibit H: Revise and clarify exhibit heading language currently stated as "Construction Fees" since the annual Development Agreement report fees and mitigation monitoring fees included in this list are not considered construction fees. To clarify, Exhibit "H" has been revised from "Construction Fees" to "Construction Fees, Annual Development Agreement Compliance Review Fees, and Environmental Mitigation Monitoring Fees". • Development Agreement: In efforts to provide flexibility during project construction, allow the Director of Planning the ability to review plan modifications, allowing up to a 10% deviation to the approved plans. Staff concurs with the Planning Commission to allow flexibility during project construction, and therefore revised language has been added to Section 3.2 (d) of the Development Agreement, allowing the Planning Director to review modifications necessitated by technical code or LEED Silver Requirements during construction. Environmental Analysis Provided as Attachment H, an Environmental Impact Report was prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines and was circulated fora 30-day public review period ending on December 30, 2009. The EIR included analysis of aesthetics (views), construction effects, historic resources, neighborhood effects, noise, transportation/circulation, and long term impacts. The EIR concluded that the project would result in significant and unavoidable traffic/circulation impacts. Unavoidable Significant Traffic Impacts The proposed project would not result in an increase in student enrollment or parishioners and therefore would not generate any new daily vehicular trips to the site. 17 As detailed in the Planning Commission staff report and discussed in Final EIR Section 4.6, the City applied its standard traffic methodology for trip generation estimates. The EIR found that due to the shifting of traffic to and from the project site, the proposed project would result in a significant unavoidable impact at the Lincoln / Wilshire Boulevard intersection. The proposed project would result in a significant impact at this intersection during the weekday a.m. peak hour due to the increase in traffic traveling northbound through the intersection, which is critical at this peak hour. When the intersection is projected to operate level of service F based on estimated future conditions without project, this incremental increase in vehicular delay time at this intersection would result in an impact. A mitigation measure was identified to alleviate congestion at this intersection, however it was determined infeasible: 1. Northbound approach of intersection to be restriped to change the existing right- turn lane to a shared through/right-turn lane and the northbound departure leg shall be reconfigured to provide a second northbound through lane. • Not feasible due to secondary impacts including- removal of on-street parking north of Wilshire to allow the two northbound lanes to transition into one. If the existing roadway was widened, landscaping would be compromised, and would result in reduced sidewalk widths and relocation of bus stops south of Wilshire. The impact would remain significant and unavoidable. The EIR also found that due to the shifting of traffic to and from the project site, the proposed. project would result in a significant unavoidable impact along the following street segments: • California Avenue segment between Lincoln Boulevard and 7th St. (weekdays) 18 • Washington Avenue segment between Lincoln Boulevard and 7th St. (Sundays) The increase in on-site parking and new weekday/Sunday circulation patterns would result in the addition of site-generated trips on some of the street segments adjacent to the church due to use of the California Avenue driveway on weekdays and the Washington Avenue driveway on Sundays to access on-site parking. The. weekday afternoon student pick-up circulation pattern would re-route outbound trips onto California Avenue. The significant impact is due to the fact that the project will increase the weekday and Sunday average daily traffic (ADT) above the City's significance thresholds for street segment analysis. Mitigation measures were identified for the California and Washington Avenue street segments, however these were determined infeasible: 1. Installation of traffic calming measures such as speed bumps, curb extensions, narrowed travel lanes and enhanced crosswalks. These measures would essentially shift vehicles from one street segment to another. • These measures would essentially shift vehicles from one street segment to another, and would not reduce the number of vehicle trips generated, and would therefore be ineffective in reducing the overall impact. Therefore, impacts to nearby street segments during the weekdays and Sundays would remain significant and unavoidable Comments on Draft EIR Six comment letters were received during the public review period from St. Monica Catholic Community, the Santa Monica Spoke, and 4 letters from area residents. Responses are included in Final EIR Section 8.0. The applicant commented that the DEIR did not acknowledge that St. Monica declared its property and improvements exempt from the Santa Monica Landmarks Historic 19 District .Ordinance on grounds of hardship and is no longer eligible for listing as a contributor to a potential historic district. The applicant also noted, as the DEIR acknowledges, that the project would be beneficial to neighborhood traffic/circulation and that the Reduced Project environmentally-superior alternative does not satisfy key project objectives. The Santa Monica Spoke comments raised concerns regarding portions of the traffic analysis, greenhouse gas emission reduction strategies, and suggests mitigation programs to help reduce traffic impacts. Other .public provided include concerns with traffic, length of construction, and concurrent impacts with the California Incline project. Alternatives Studied The EIR examined three alternatives designed to reduce identified significant and potential impacts. In addition to the "no project" alternative, a Reduced Project Alternative, and an Expanded Pastoral Center Alternative were studied. (Final EIR Section 6.0) • Reduced Project Alternative: This alternative would retain the existing Pastoral Center and eliminate the construction of the Community Center, subterranean parking garage, and the High School addition. All other upgrades and improvements to the campus would remain. Since there would be no redistribution of vehicle trips due to no additional parking on-site or revised circulation pattern, project impacts to the Lincoln/Wilshire intersection and the California and Washington Avenue street segments would not occur. • Expanded Pastoral Center Alternative: As with the Reduced Project Alternative, this. alternative would retain the existing Pastoral Center and eliminate the proposed construction of the Community Center and High School addition. The Pastoral Center would be expanded by 14,035 SF and would extend north of the existing Pastoral Center. Parking would be consistent with the proposed project (323 parking spaces) with construction of a subterranean parking garage. All other proposed improvements would remain as proposed. This alternative would further reduce the significant but mitigable historic resource impact associated with demolition of the Pastoral Center and the demolition/addition to the High School. This alternative would reduce the level of impact significance of potential historical impacts from significant but mitigable to less than significant impacts. 20 Regarding the Reduced Project Alternative, the Final EIR considers this alternative as superior to the proposed project. However, this alternative would not fulfill the objective of reducing the existing parking deficit at St. Monica, and would therefore be inferior to the proposed project and to the Expanded Pastoral Center alternative with respect to meeting project objectives. While the Expanded Pastoral Center alternative further reduces the potentially significant but mitigable historic resource impact, since this alternative does not reduce the unavoidable significant impact to traffic, it would be similar to the proposed project in terms of impacts, and would not be considered environmentally superior. Statement of Overriding Considerations Due to the significant unavoidable impact to traffic, approval of the proposed project will require the City Council to adopt a Statement of Overriding Considerations (see Attachment F), finding that the proposed public benefits outweigh the impacts the project will have on traffic. The proposed public benefits for consideration are included in -the next section of this report. Construction Schedule St. Monica's requests 7-10 years to complete all components of the proposed project due to project funding. St. Monica's anticipates construction to occur between 3-4 years within the ten year period, with construction commencing in 2011. The extended timeframe for project completion is warranted given the fundraising requirements of this non-profit institution. Subseauent Review The Development Agreement provides that the Architecture Review Board has approval authority for the building design. In addition, Article 10 requites annual review of the Development Agreement for compliance with terms of the agreement. 21 Vesting Rights The Development Agreement shall automatically terminate if St. Monica's has not obtained a building permit by the date which is seven years after the effective date of the Development Agreement. The Vesting Period may be extended by the Planning Director, in his or her sole discretion, in an amount of time not to exceed three years, for a maximum Vesting Period of ten years. Community Meeting and Public Input Both the applicant and city staff conducted public outreach meetings to inform the neighborhood and general public about the proposed .project. On November 10, 2008 planning staff held a community workshop at the Public Library to discuss the overall design. Design comments from the public included that the project did not appear architecturally compatible and did not relate to the style of the existing buildings. The project applicant also held two meetings with the neighborhood. The first meeting was held on July 10, 2008 with surrounding neighbors and another meeting was held with the Wilmont Neighborhood association in early January 2009. Financial Impacts & Budget Actions Staff costs for the Development Agreement process are paid from application fees. There is a wide range of public benefits that the developer will be required to provide pursuant to the Development Agreement negotiations. There are no anticipated financial or budgetary impacts to the City. Prepared by: Steve Mizokami, Associate Planner Forwarded to Council: Rod Gould City Manager 22 Attachments A. Public Notification/Correspondence B. Ordinance Adopting Development Agreement 08-002 C. Proposed Development Agreement D. Development Agreement Findings E. Resolution Certifying EIR F. Resolution Making Necessary CEQA Findings and Adopting Statement of Overriding Considerations and Adopting Mitigation Monitoring Program G. Project Plans, Renderings Booklet & Photographs Booklet H. Final Environmental Impact Report 23 ATTACHMENT A PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section 9.04.20.22.050 and 9.48.110, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the Santa Monica Daily Press at least en consecutive calendar days prior to the hearing. On-March 18, 2010, the applicant was notified of the subject hearing date. The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations: Community Meetings Two community meetings have been held to discuss the project, one organized and staffed by the City Planning Division on November 10; 2008. Another meeting was held by St. Monica's representatives on July 10, 2008. - NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL G1tY of ~ApIII PHO~1tLO~' SUBJECT: Introduction and first reading of an Ordinance approving Development • Agreement 08-002, adoption of a resolution certifying the Final Environmental Impact Report 08-004; and adoption of a resolution making the necessary CEQA findings, adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring Program. 725 California Avenue APPLICANT: St. Monica Catholic Community PROPERTY OWNER: Archdiocese of Los Angeles A public hearing will be held by the City Council to consider the following request: The applicant is requesting City Council approval of a Development Agreement, Final Environmental Impact Report, and Statement of Overriding Considerations for a campus improvement project located at 725 California Avenue (St. Monica Catholic Community). The subject property comprises a full city block bounded by California Avenue, Lincoln Boulevard, Washington Avenue, and 7ih Street. The project involves the demolition of the existing Pastoral Center (13,465 sq. ft.) located at the corner of California Avenue and Lincoln Boulevard, the construction of a new 27,500 SF Community Center with subterranean garage (154 spaces) within the demolished area of the Pastoral Center, construction of a 7,700 SF addition to the High School East building, improvements to the campus courtyard/playground, and interior renovations to the existing auditorium, gymnasium and other facilities. A Statement of Overriding Considerations will be necessary to approve the project since the EIR has concluded that there will be a significant unavoidable impact to traffic/circulation. All other potential impacts can be mitigated to a less than significant level. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.48.140, the City Council hold a public hearing on the proposed development agreement. DATE/TIME: WEDNESDAY, APRIL 13, 2010, AT 6:45 PM LOCATION: City Council Chambers, Second Floor Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or 'by writing a letter. Written information received prior to 3:OOpm on the Wednesday before the hearing will be given to the City Council in their packet. Address your letters to: City Clerk Re: 08DEV-002 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Steve Mizokami at (310) 458-8341, or by a-mail at steve.mizokami@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City's web site at www.smgov.net. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica Para revisar applicaciones proponiendo desarrollo en Santa Monica. Si deseas mas information, favor de Ilamar a Carmen Gutierrez en la Division de Planificacion al numero (310) 458-8341. APPROVED AS TO FORM: Amanda Sch chter Planning Manager ATTACHMENT B ORDINANCE ADOPTING DEVELOPMENT AGREEMENT 08-002 CA:flatty\muni\laws\St. Monica's DA Ordinance City Council Meeting 4-13-10 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, THE ARCHDIOSESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION AND THE ROMAN CATHOLIC ARCHBISHOP. OF LOS ANGELES WHEREAS, on August 12, 2008, the Archdiocese of Los Angeles Education and Welfare Corporation, a California non-profit religious corporation and the Roman Catholic Archbishop of Los Angeles, a California non-profit religious corporation, submitted an application for a development agreement for the proposed Campus Enhancement and Parking Improvement Plan which would consist of the demolition of the existing Pastoral Center, construction of a new Community Center with three levels of subterranean parking (154 parking. spaces), construction of a six classroom addition to the High School East building, and renovation of the existing auditorium, gymnasium and other facilities; and WHEREAS, an Environmental Impact Report has been prepared which analyzes the environmental effects of the development agreement; and WHEREAS, on April 13, 2010, the City Council adopted a resolution certifying that the Final Environmental Impact Report was prepared in full compliance with State law and City CEQA Guidelines;. and WHEREAS, on the same date, the City Council subsequently adopted a resolution making the necessary CEQA findings and adopting a .statement of overriding considerations; and WHEREAS, the development agreement is consistent with the General Plan, as detailed in the accompanying City Council staff report for this proposed project and exhibits thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporation, and the Archdiocese of Los Angeles Education and Welfare Corporation, a California non-profit religious corporation, and the Roman Catholic Archbishop of Los Angeles, a California non-profit religious corporation, is hereby approved. SECTION 2. Each and every term and condition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or 2 appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or rrrodified to that extent necessary to make fully effective.the provisions of this Development Agreement. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published 3 once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVEQ AS TO FORM: ATTACHMENT C PROPOSED DEVELOPMENT AGREEMENT Recording Reauested B~ City of Santa Monica When Recorded Mail To City of Santa Monica City Planning Division 1685 Main Street, Room 212 Santa. Monica,. CA 90401 Attention: Senior Land Use Attorney Space Above Line For Recorders Use No Recording Fee Required California Government Code Section 27383 DEVELOPMENT AGREEMENT BY AND AMONG CITY OF SANTA MONICA AND ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION AND THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES Table Of Contents RECITALS Article 1 DEFINITIONS ................................................................................................ Article 2 THE PROJECT .............................................................................................. Article 3 DEVELOPMENT OF THE PROJECT ...........................................................: Article 4 CONSTRUCTION .......................................................................................... Article 5 PROJECT FEES, EXACTIONS, MITIGATION MEASURES CONDITIONS AND PUBLIC BENEFITS ..........................:............................. Article 6 EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS .........:.... Article 7 CITY TECHNICAL PERMITS ......................................................................... Article 8 AMENDMENT AND MODIFICATION ................................................:........... Article 9 TERM ............................................................................................................. Article 10 REVIEW OF COMPLIANCE ...........................................................:....:......... Article 11 DEFAULT ............................:.......................................................................... Article 12 MORTGAGEES ............................................................................................. Article 13 TRANSFERS AND ASSIGNMENTS ........:..:.................................................. Article 14 INDEMNITY TO CITY .................................................................................... Article 15 ADDITIONAL AGREEMENTS ....................................................................... Article 16 GENERAL PROVISIONS ............................................................... Exhibits Exhibit "A" Legal Description of Project Land Exhibit "B" Legal Description of the Church Land Exhibit "C" Legal Description of the Parking Lot Exhibit "D" Project Plans Exhibit "E" Assignment and Assumption Agreement Exhibit "F" Existing Regulations Exhibit "G" Construction Monitoring Plan Exhibit "H" Construction Permit Fees, Annual Development Agreement Compliance Review Fees, and Environmental Mitigation Monitoring Fees. Exhibit "I" Mitigation Monitoring Program Exhibit "J" Conditions of Approval, including EIR Historic Mitigation Measures Exhibit "K" Existing Land Use Approvals 2 Exhibit "L" Public Benefits DEVELOPMENT AGREEMENT This Development Agreement ("Agreement"), dated for reference purposes 2010, is entered into by and among the ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION, a California non-profit religious corporation (the "Archdiocese"), THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, a California corporation sole (the "Archbishop"), and THE CITY OF SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the State of California and the Charter of the City of Santa Monica (the "C~"), with reference to the following facts: A. The Archdiocese owns that certain real property located in the City of Santa Monica, State of California more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Project Land"). The Project Land is developed with, among other things, St. Monica Elementary School (the "Elementary School"), St. Monica Catholic High School (the "High School"), and atwo-story Pastoral Center which includes meeting rooms, parish offices, counseling and ministry-- resource areas and a chapel (the "Pastoral Center"). B. The Project Land is adjacent to land located at 715 California Avenue and more particularly described in Exhibit "B" attached hereto and incorporated herein by reference (the "Church Land"). The Church Land is owned by the Archbishop and is developed with St. Monica Catholic Church and certain related improvements (the "Church"; the Elementary School, the High. School, the Pastoral Center, the Church and other improvements located on the Project Land and the Church Land, and the uses of such improvements, are referred to herein as "St. Monica Catholic Community"). C. The Archbishop also owns land located at 1140 7th Street, Santa Monica, California, more particularly described in Exhibit "C" attached hereto and incorporated herein by reference, which is currently used as a surface parking lot currently containing 26 spaces for use by St. Monica Catholic Community (the "Parking Lot"). D. St. Monica Catholic Community began as a small Santa Monica parish church in 1886 at its current location. The Project Land and the Church Land have been developed for a variety of religious and educational uses over the years, including: (1) Construction of the rectory in 1925; (2) Relocation of the Elementary School to its present location in 1930; (3) Construction of the High School West Wing in 1938; (4) Construction of the Gymnasium and Spirituality Center in 1946; (5) Construction of the High School East Wing in 1956; and 3 (6) Construction of the Pastoral Center in 1960. E. More recently, and since the adoption of the City's current Zoning Code in 1988, the Trepp Center in 1995 and the Duval Center in 2000 were constructed on the Project Land. Both of these buildings required issuance of Conditional Use Permits (92- 048 and 97-019) and Variances (92-039 and 97-026) for parking and height deviations. F. In 2000, another Conditional Use Permit (99-027) was approved to change the status of the Project Land, the Church Land and the buildings thereon from legal non-conforming uses to legal conforming uses and allow construction of the Parking Lot. G. .The Archdiocese has proposed additional development activity on the Project Land, which generally includes the following elements (the "Project"), as more particularly shown on the Project Plans attached hereto as Exhibit "D" (the "Project Plans"): (1) The Pastoral Center will be demolished and replaced with a new Community Center consisting of three new buildings having approximately 27,500 square feet over atwo-level underground garage having approximately 154 spaces. (2) Upgrading both the Elementary School and High School facilities and incorporating an addition to the High School's East Wing of approximately 7,700 square feet. (3) Converting portions of the existing Trepp Center into specialty lab space for use by the Elementary School (4) Renovating the campus courtyardlplayground. (5) Making interior renovations to the gymnasium. (6) Modernizing the existing school auditorium. (7) Making utility, interior finish and deferred maintenance upgrades to the existing High School West Wing and the existing Elementary School building. H. Pursuant to California Government Code Sections 65864 et seq. and Chapter 9.48 of the Santa Monica Municipal Code (collectively, the "Development Agreement Statutes"), the City is authorized to enter into binding development agreements with persons or entities having a legal or equitable interest in real property for the development of such real property. I. At a meeting duly held on March 3, 2009, the City Council authorized the St. Monica Catholic Community to apply to the City for a Development Agreement, and authorized the negotiation of a Development Agreement between the City and St. Monica Catholic Community for the Project. 4 J. On August 12 , 2008, the Archdiocese and the Archbishop filed an Application for a Development Agreement pursuant to Section 9.48.020 of the Santa Monica Municipal Code pertaining to development of the Project (the "DA Application"). K. Following the filing of the DA application, the City prepared an EIR pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21,000 et seq. herein referred to as "CEQA") and designated SCH No. _2009011032_ (the "EIR"). L. On March 17 , 2010 ,the City's Planning Commission held a duly noticed public hearing with respect to the Project EIR, the DA Application, and the Project, and recommended certification of the EIR and adoption of the DA, all based on the requisite findings. M. On , 2010, the City Council held a duly noticed public hearing relating to the Project. Following completion of the hearing, the City Council took the following steps: (1) Adopted Resolution No. (CCS) certifying the adequacy of the EIR under CEQA and related State and City CEQA guidelines, and adopted Resolution No. (CCS) making the necessary CEQA findings and adopting a Statement of Overriding Considerations; and (2) Adopted Ordinance No. (CCS) approving this Agreement and authorizing its execution by the City Manager. N. In approving this Agreement, the City Council determined that the development of the Project through this Agreement is appropriate in order to promote certain goals and policies contained in the City's 1984 Land Use and Circulation Element of its General Plan, as amended (the "LUCE") and provide the Public Benefits described herein. O. The City Council determined that development of the Project through this Agreement is appropriate in order to (a) eliminate uncertainty in planning and securing orderly development by granting vested rights to St. Monica's as permitted under the Development Agreement Statutes, (b) insure the provision of the important Public Benefits, (c) provide an appropriate mechanism for review of the final design by the Architectural Review Board, (d) assure the completion of appropriate and feasible mitigation measures identified in the EIR, all of which are contained in this Agreement, (e) assure installation of necessary improvements, (f) provide for public infrastructure and services appropriate to development of the Project, (g) preserve substantial City discretion in reviewing subsequent development of the Land, and (h) otherwise achieve the goals and purposes for which the Development Agreement Statutes were enacted. P. The City Council has (1) specifically considered and approved the impacts and benefits of the Project and has concluded that this Agreement is consistent with the 5 public health, safety and welfare needs of the residents of the City and the surrounding region and appropriately promotes the goals, objectives and policies of the LUCE, (2) determined that the City has complied with all procedures required by the Development Agreement Statutes with respect to this Agreement, and (3) duly authorized the City to enter into and perform its obligations under this Agreement. O. The City, the Archdiocese and the Archbishop also intend that this Development Agreement include provisions dealing with required parking for the Church and all other improvements located on the Project Land and the Church Land. NOW THEREFORE, in consideration of the foregoing and the covenants and conditions hereinafter set forth, the City, the Archdiocese and the Archbishop hereby agree as follows: Article 1 DEFINITIONS In this Agreement, unless the context otherwise requires: 1.1 "Agreement" means this Development Agreement, as amended from time to time in accordance with the provisions hereof and the Development Agreement Statutes. 1.2 "Applicable Permit Fees" means all processing and permit fees required by the City in connection with the filing and processing of any Technical Permit Application as of the date when the Technical Permit Application is filed, provided that such fees are uniformly in force and effect throughout the City. 1.3 "ARB" means the City's Architectural Review Board, as it may be constituted from time to time, or its successor. 1.4 "Assumption Agreement" means an Assignment and Assumption Agreement in the form attached hereto as Exhibit "E". 1.5 "Building Height" means the height measurement for buildirigs as defined in Section 2.7(b) below. 1.6 "C~ has the meaning given that term in the Preamble. 1.7 "CEQA" has the meaning given that term in Recital K. 1.8 "Church Land" has the meaning given that term in Recital A. 1.9 "Gifu Council" .means the City Council of the City of Santa Monica, as it may be constituted from time to time or its successor. 1.10 "Gifu Parties" means the City, its City Council, boards and commissions, officers, agents, employees, volunteers and other representatives. 6 1.11 "Code" means the Santa Monica Municipal. Code as in effect on the Effective Date. 1.12 "DA Application" has the meaning given that term in Recital J. 1.13 "Default" means the failure by either party to substantially perform any term, covenant or condition in this Agreement which is required on its part to be performed. 1.14 "Development Agreement Statutes" has the meaning given to the term in Recital H. 1.15 "Discretionary Approvals" are actions which require the exercise of judgment or a discretionary decision, and which contemplate and authorize the imposition of revisions or additional conditions, by any of the City Parties. An application for issuance of a permit or other entitlement which requires any of the City Parties to use fixed standards or objective measurements and merely apply the law to the facts as presented, but no special discretion orjudgment, in determining whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval does not involve a Discretionary Approval. 1.16 "Effective Date" means the date the Ordinance approving this Agreement becomes effective. 1.17 "EIR" has the meaning given to the term in Recital K. 1.18 "Estoppel Certificate" shall have the meaning given that term in Section 16.6 below. 1.19 "Excusable Delays" shall have the meaning given that term in Section 16.8 below. 1.20 "Existing Regulations" means, collectively, all of the following which are in force and effect as of the Effective Date: (a) the Santa Monica General Plan, (b) the Code, including the Zoning Code; and (c) any and all other ordinances, rules, regulations, standards, specifications and official policies of the City governing, regulating or affecting the demolition, grading, design, development, building, construction, occupancy or use of buildings and improvements or any exactions therefor. The Existing Regulations have been assembled by the City and St. Monica's and are attached hereto as "Exhibit F." 1.21 "Floor Area" has the meaning given that term in the Zoning Code. 1.22 "General Plan" means the General Plan of the City of Santa Monica, as of the Effective Date and all elements thereof. 1.23 "Hearing Notice" shall have the meaning given that term by applicable law. 7 1.24 "Including" means including, but not limited to. 1.25 "LEED Rating Svstem" means the Green Building Rating System For New Construction & Major Renovations, in effect at the time that project plans are submitted to the Architecture Review Board, unless another version is mutually agreeable to the parties. 1.26 "Legal action"means any action in law or equity. 1.27 "LUCE" has the meaning given that term in Recital N. 1.28 "Major Modifications" shall have the meaning given that term in Section 3.2(b) below. 1.29 "Minor Modifications" shall have the meaning given that term in Section 3.2(a) below. 1.30 "Mortgage" means a mortgage, deed of trust or other security device encumbering the Property, or any portion thereof or any improvement thereon, securing financing with respect to all or a portion of the Property. 1.31 "Mortgagee" means the mortgagee or beneficiary under a Mortgage. 1.32 "Mortgagee's Cure Period" shall have the meaning given that term in Section 12.2(b) below. 1.33 "New Technical Requirements" means revisions to the Technical Codes made after the Effective Date which are necessary to meet new technical requirements related to techniques of building and construction. 1.34 "Notice of Default" shall have the meaning given that term in Section 11.1 (a) below. 1.35 "Parking Lot" has the meaning given that term in Recital C. 1.36 "Periodic Review" has the meaning given that term in Section 10.1 below. 1.37 "Planning Commission" means the Planning Commission of the City of Santa Monica, as it may be constituted from time to time, or its successor. 1.38 "Planning Director" means the Director of Planning and Community Development of the City of Santa Monica, or his or her successor or designee. 1.39 "Project„ has the meaning given that term in Recital G. 1.40 "Project Land" has the meaning given that term in Recital A. 1.41 "Project Plans" means the plans for the Project attached hereto as Exhibit "D." 1.42 "Property" means the Project Land, all improvements thereon and all easements, rights of way, hereditaments and other real property interests associated therewith. 1.43 "Public Benefits" has the meaning given that term in Section 2.4. 1.44 "Request for Notice" means a written notice given to the City by a Mortgagee specifying the name and address of such Mortgagee and attaching thereto a true and complete copy of the Mortgage held by such Mortgagee. 1.45 "St. Monica's" means the Archdiocese and the Archbishop, in their collective capacity as the civil law record owners of the real estate assets and improvements that constitute the canonical entity of the parish of St. Monica, including, but not limited to the parish church and the other worship, administrative and residential facilities as well as the elementary and secondary school and the other assets related to the operations of the same. 1.46 "Subsequent Code Changes" means, collectively, all of the following which are adopted or approved subsequent to the Effective Date, whether such adoption or approval is by the City Council, any department, division, office, board, commission or other agency of the City, by the people of the City through charter amendment, referendum, initiative or other ballot measure, or by any other method or procedure: (a) any amendments, revisions, additions or deletions to the Existing Regulations, or (b) new codes, ordinances, rules, regulations, standards, specifications and official policies of the City governing or affecting the grading, design, development, construction, occupancy or use of buildings or improvements or any exactions therefor or regulating wages or benefits. "Subsequent Code Changes" includes, without limitation, any amendments, revisions or additions to the Existing Regulations imposing or requiring the payment of any fee, special assessment or tax. 1.47 "St. Monica Catholic Community" has the meaning given that term in Recital B. 1.48 "Technical City Permits" means any ministerial approvals, consents or permits from the City or any office, board, commission, department, division or agency of the City, which are necessary or reasonably desired by St. Monica's for the actual construction of the Project or any portion thereof in accordance with the Project Plans and this Agreement. Technical City Permits include, without limitation (a) building permits, including foundation-only permits, (b) related mechanical, electrical, plumbing and other technical permits, (c) demolition, excavation, shoring and grading permits, and (d) certificates of occupancy. 1.49 "Technical Codes" means the Administrative and Technical Construction Codes of the City (Article VIII of the Code). 9 1.50 "Technical Permit Applications" means any applications required to be filed by St. Monica's for any Technical City Permits. 1.51 "Term" shall have the meaning given that term in Section 9.2(a) below. 1.52 "Transferee" shall have the meaning given that term in Article 13 below 1.53 "Vesting Period" means the period described in Section 3.1 (b) below, as it may be extended pursuant to the provisions of this Agreement. 1.54 "Zoning Code" means Chapter 9 of the Code as in effect on the Effective Date and which is included in the Existing Regulations. Article 2 THE PROJECT 2.1 General Description. The Project includes all aspects of the proposed development of the Project Land as more particularly described in this Agreement and on the Project Plans. In the event of a conflict or inconsistency between the text of this Agreement and the Project Plans, the, Project Plans will prevail. 2.2 Principal Components Of The Proiect. The Project consists of the following elements, all of which are hereby approved by the City subject to the other provisions of this Agreement: (a) Demolition of the Pastoral Center and construction of a new Community Center, consisting of three new buildings containing approximately 27,500 square feet of aggregate floor area constructed over a new two-level subterranean parking garage with approximately 154 parking spaces. (b) Upgrading both the Elementary School and High School facilities and incorporating an addition to the East Wing of the High School containing approximately 7,700 square feet of floor area. (c) Converting portions of the Trepp Center into specialty laboratory classrooms. (d) Renovating the campus courtyard/playground. (e) Making interior renovations to the gymnasium. (f) Modernizing the existing school auditorium. (g) Making utility, interior finish and deferred. maintenance upgrades to the existing High School West Wing and the existing Elementary School building. 10 (h) St. Monica's shall be required to design and construct the Community Center to achieve a minimum LEED Silver certification in accordance with Exhibit "J" Condition of Approval No. 1. 2.3 Uses. (a) Prior to Development of the Proiect. Until St. Monica's commences development of the Project, the use and operation of the Project Land, Church Land, and the Parking Lot shall be governed by Exhibit "K". After St. Monica's commences construction of the Project, the use and operation of the Project Land, Church Land, and the Parking Lot shall be governed by Exhibit "J", and Exhibit "K" shall be of no further legal force or effect. (b) Proiect Uses. The following uses are hereby permitted in the Project by the St. Monica Catholic Community to the extent reflected in the Project Plans: place of worship, rectory, meeting and assembly spaces, offices, counseling and ministry, chapel, bookstore, underground parking, educational facilities, and such other uses that are reasonably ancillary to the specified uses. St. Monica's shall not be obligated to obtain any additiorial Discretionary. Approvals with respect to such uses. 2.4 Public Benefits. The Project shall provide the following benefits (the "Public Benefits") to the public: (a) neighborhood use of 15 parking spaces located at the off-site parking lot located at 1140 7th Street; (b) public access to community meeting space available to City Departments, community groups, and non-profit organizations; (c) public use of the bookstore and coffee bar during all operating hours; and (d) implementing a transportation demand management plan. The proposed public benefits are more particularly described in Exhibit "L". 2.5 Parkin As shown on the Project Plans, the Project shall include a two-level underground parking garage having approximately 154 spaces, surface parking of approximately 143 spaces, and an off-site Parking Lot of 26 spaces. 2.6 Desi n. (a) Setbacks. St. Monica's shall maintain the setbacks for the Project as set forth on the Project Plans. In the event that any inconsistencies exist between the Zoning Code and the setbacks required by this Agreement, the setbacks established by this Agreement shall prevail (b) Building Height. The height of the buildings shall be as set forth on the Project Plans. In the event that any inconsistencies exist between the Zoning Code and the building height allowed by this Agreement, then the building height allowed by this Agreement shall prevail (c) Stepbacks. St. Monica's shall maintain the stepbacks for the Project as set forth on the Project Plans. In the event that any inconsistencies exist 11 between the Zoning Code and the stepbacks required by this Agreement, the stepbacks established by this Agreement shall prevail (d) Permitted Proiections. Projections shall be permitted as reflected on the Project Plans. (e) Signage. Signage location as reflected on the Project Plans shall be permitted without review by the ARB, however design review of all proposed signage shall be subject to ARB review. (f) Secretary of the Interior's Standards for Rehabilitation. The proposed project plans, as provided in Exhibit "D", are consistent with the Secretary of the Interior's Standards for Rehabilitation. Specifically, the proposed buildings are compatible with, but not imitative of, the Spanish Revival style of the St. Monica campus, in terms of design, proportions, bulk, scale, and materials including window and door treatments, roofing, and cladding materials. Article 3 DEVELOPMENT OF THE PROJECT 3.1 Vested Rights. (a) Approval of Project Plans. The City hereby approves the Project Plans. The City shall maintain a complete copy of the Project Plans, stamped "Approved" by the City, in the Office of the City Clerk, and St. Monica's shall maintain a complete copy of the Project Plans, stamped "Approved" by the City, in its offices or at the Project site. The Project Plans to be maintained by the City and St. Monica's shall be a half-size set. Further detailed plans for the construction of the Project, including, without limitation, structural plans and working drawings, shall be developed by St. Monica's subsequent to the Effective Date based upon the Project Plans. (b) Right to Develop. St. Monica's shall have the vested right to develop and construct the Project in accordance with this Agreement, the Project Plans, any Minor Modifications thereto which are approved in accordance with Section 3.2(a) below, and any Major Modifications which are approved pursuant to Section 3.2 (b) below; provided, however, that the Right to Develop provided by this Agreement shall automatically terminate if St. Monica's has not obtained a building permit by the date which is seven years after the Effective Date (the "Vesting Period"). The Vesting Period may be extended by the Planning Director, in his or her sole discretion, in an amount of time not to exceed three years, for a maximum Vesting Period of ten years. Except as expressly set forth in this Agreement, the City shall have no further discretion over the elements of the Project which have been delineated in the Project Plans or described in this Agreement and to the extent of any inconsistencies between this Agreement and the Existing Regulations (except for the General Plan), this Agreement shall control. A change to the Existing Regulations after the Effective Date 12 shall not constitute a basis for revoking any approval given or deemed to be given pursuant to this Agreement. 3.2 Modifications. (a) Minor Modifications to Proiect. St. Monica's may make minor changes to the Project or Project Plans without amending this Agreement upon approval of the Planning Director, provided that he or she makes the specific findings that the proposed changes: (1) do not result in significant and adverse changes to any portion of the Project; (2) are consistent with the provisions, purposes and goals of this Agreement; and (3) are not detrimental to the public health, safety, convenience or general welfare ("Minor Modifications"). In addition, any modification approved by the Planning Director pursuant to Subsection (d) shall constitute a Minor Modification. (b) Maior Modifications. Except as provided in Section 3.2(d), any of the following types of modifications to the Project Plans ("Maior Modifications") shall not constitute a Minor Modification and shall require an amendment of this Agreement: (1) Any setback of the Project, as depicted on the Project Plans, is reduced if by such reduction the applicable setback would be less than is permitted in the R2 zoning district under the Code as in effect on the date such modification is applied for; (2) Any increase in the Parcel Coverage of the Project to the extent such increase results in Parcel Coverage which exceeds that permitted in the R2 zoning district under the Code as in effect on the date such modification is applied for; (3) Any increase in the Building Height of the Project above 40 feet to the extent such increase results in a Building Height which exceeds the maximum permissible Building Height permitted in the General Plan's Medium Density Housing Classification in effect on the effective date of this Development Agreement; (4) Any change greater than 10% of square footage of uses of the project as reflected in the project plans or any other use not delineated, and ho increase in overall building square footage, except as provided in Subsection (d); (5) Any change of use that would impair the public benefits; (6) Any reduction in the number of parking spaces in the Project below 323 but only to the extent that such reduction results in fewer parking spaces than would be otherwise required pursuant to the Development Agreement; (7) Any significant change in the location and siting of any building constituting a part of the Project, as depicted on the Project Plans; (8) Any significant change in the design, massing, and building configurations, as depicted on the Project Plans. 13 (c) Approvals. The City shall not unreasonably withhold, condition or delay its approval of a request for a Minor Modification. The City may impose fees, exactions, conditions, and mitigation measures in connection with its approval of a Major Modification, subject to Article 6 below provided that all fees, exactions, conditions and mitigation measures are in accordance with this Agreement and applicable law. Notwithstanding anything to the contrary herein or in the Existing Regulations, if the City approves a Minor Modification or amendment to this Agreement for a Major Modification, as the case may be, St. Monica's shall not be required to obtain any other Discretionary Approvals for such modification. (d) Modifications Necessitated by Technicai c:oae rtegurrements or LEED Silver Requirement. Notwithstanding Section 3.2(b), if the Planning Director determines that it is reasonably necessary to adjust the allowable Building Height, setbacks, parcel coverage, or overall building square footage established in this Agreement for the Project to achieve compliance with any Technical Code Requirements or LEED Silver Requirement specified in Exhibit "J", then the Planning Director is hereby authorized, subject to completion of all necessary environmental review and findings of consistency with the General Plan, in the case of building height, setbacks, parcel coverage, or overall building square footage, to grant St. Monica's limited relief (up to ten percent (10%)) from the building height ,setbacks, parcel coverage, or overall building square footage otherwise allowable under this Agreement without amending this Agreement. Any such approvals shall be granted only after the Planning Director's receipt of a written request for such relief from St. Monica's. St. Monica's is required to supply the Planning Director with written documentation of the fact that compliance with the Technical Code Requirements or LEED Silver Requirements cannot be achieved by some other reasonable method. Any such relief shall only be granted to the extent reasonably necessary in the Planning Director's determination for St. Monica's to comply with the Technical Code Requirements or LEED Silver Requirements. 3.3 No Obligation to Develop. (a) Nothing in this Agreement shall be construed to require St. Monica's to proceed with the construction or any other implementation of the Project or any portion thereof; (b) The decision to proceed or to forbear or delay in proceeding with implementation or construction of the Project or any portion thereof shall be in St. Monica's's sole discretion; (c) Failure by St. Monica's to proceed with construction or implementatioh of the Project or any portion thereof shall not give rise to any liability, claim for. damages or cause of action against St. Monica's, except as may arise pursuant to a nuisance abatement proceeding under Chapter 8.96 of the Code, or any successor legislation; and 14 (d) Failure by St. Monica's to proceed with construction or implementation of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of the Vesting Period. 3.4 Damage or Destruction of the Proiect. If the Project, or any part thereof, is damaged or destroyed during the Vesting Period, St. Monica's shall continue to be entitled to reconstruct the Project in accordance with this Agreement. If the Project, or any part thereof, is damaged or destroyed after the end of the Vesting Period but to such an extent that reconstruction would not be permitted under the Code, St. Monica's shall be permitted, but not obligated, to reconstruct the Project in a manner consistent with this Agreement and the Project Plans. Article 4 CONSTRUCTION 4.1 Construction Mitigation Plan. During the construction phases of the Project, St. Monica's shall comply with a Construction Mitigation Plan to be prepared by St. Monica's and approved by the City in accordance with the standards of construction set forth in Exhibit "G", 4.2 Construction Hours. St. Monica's shall be permitted to perform construction during the hours permitted by the Code as of the Effective Date including, without limitation, the provisions of Section 4.12.110(e) which, under certain circumstances, allow construction activity to take place during other hours upon issuance of a permit to do so by the City. 4.3 Construction Traffic. St. Monica's shall prepare and implement, or cause the general contractor for the Project to prepare and implement, a construction traffic mitigation plan which shall be subject to the review and approval of the City. 4.4 Construction Signage. The Planning Director may approve additional signage beyond that allowed by the Zoning Code. 4.5 Completion of Construction. The time allowed for completion of all work authorized by any building permit shall be determined by applicable provisions of the Code, including, without limitation, those provisions authorizing extensions thereof in Section 8.08.070 of the Code. Article 5 PROJECT FEES EXACTIONS. MITIGATION MEASURES AND CONDITIONS 5.1 Permitted Fees and Exactions. (a) Except as expressly set forth in Section 3.2(c) (relating to modifications), and Section 6.2(a) (relating to Subsequent Code Changes) below, the Project shall be subject to, and the City shall only charge and impose, those fees, exactions, mitigation measures, conditions, and standards of construction set forth in this Agreement, including Exhibit "H", and Exhibit "J" attached hereto; the City may 15 not increase or impose additional fees, mitigation measures, conditions, standards or exactions. The mitigation measures shall be implemented in compliance with the Mitigation Monitoring Program attached as Exhibit "I" hereto. If any of the mitigation measures or conditions set forth on Exhibits "H"; and "J", are satisfied by others, St. Monica's shall be deemed to have satisfied such measures or conditions. (b) [Reserved] 5.2 Conditions on Modifications. The City may impose reasonable fees, exactions, mitigation measures and conditions in connection with its approval of Minor or Major Modifications, provided that all fees, exactions, mitigations measures and conditions shall otherwise be in accordance with this Agreement and applicable law. 5.3 Mitigation Measures and Conditions of Approval. The St. Monica's shall be responsible for implementing the mitigation measures set forth on Exhibit "J" and Exhibit "G" hereto, and for adhering to the conditions of approval set forth on Exhibit "J" hereto. If St. Monica's proceeds with the construction of the Project, except as otherwise expressly limited therein, the obligations and requirements imposed by the Project description in Section 2, above, as well as the Mitigation Measures and Conditions of Approval attached as Exhibit "J" and Exhibit "G", shall survive the Term of this Agreement and shall be binding upon St. Monica's, its successors and assigns, and shall continue in effect until expiration of the Ground Leases or release by the Planning Director. Article 6 EFFECT OF AGREEMENT ON CITY LAWS AND REGULATIONS 6.1 Development Standards for the Property Existing Regulations. (a) Except as provided in this Agreement, development of the buildings and improvements, including without limitation, the development standards for the demolition, grading, design, development, construction, occupancy or use of such buildings and improvements, and any exactions therefor, shall be governed by the Existing Regulations. The City agrees that this Agreement is consistent with the General Plan and as more fully described in the Recitals. Any provisions of any of the other Existing Regulations inconsistent with the provisions of this Agreement, to the extent of such inconsistencies and not further, are hereby deemed modified to that extent necessary to effectuate the provisions of this Agreement. (b) The Project shall be exempt from: (1) all discretionary acts or review by the City or-any body or agency thereof, except as provided herein; (2) the application of any subsequent local development, building or permit moratoria, development or building permit rationing systems or other restrictions on development which would adversely affect the rate, timing, or phasing of construction of the Project, and (3) Subsequent Code Changes which are inconsistent with the terms of this Agreement. g.2 Permitted Subsequent Code Changes. 16 (a) This Agreement shall not prevent the City from applying the following Subsequent Code Changes to the development of the Project: (1) Processing fees and charges imposed by the City to cover the estimated actual costs to City of processing applications for development approvals, or monitoring compliance, and similar development fees and charges; provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications and for all similar monitoring approvals. Such fees and charges include, but are not limited to: (i) all application, permit, and processing fees incurred for the processing of this Agreement, any administrative approval of a Minor Modification, or any amendment of this Agreement in connection with a Major Modification; (ii) all building plan check and building inspection fees for work on the Project Land in effect at the time an application for a grading permit or building permit is applied for; (iii) the public works plan check fee and public works inspection fee for public improvements constructed and installed by St. Monica's, and (iv) fees for monitoring compliance with this Agreement, any development approvals, and the EIR mitigation monitoring plan. (2) General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property in accordance with law. (3) Procedural regulations relating to hearing bodies, petitions, applications, notices, documentation of findings, records, manner in which hearings are conducted, reports, recommendations, initiation of appeals, and any other matters of procedure; provided such regulations are uniformly imposed by the City on all matters, do not result in any unreasonable decision-making delays and do not affect the substantive findings established in this Agreement. (4) Regulations governing construction standards and specifications which are of general application that establish standards for the construction and installation of structures and associated improvements, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code; provided that such construction standards and specifications are applied on a City-wide basis and do not impair the Project approvals granted in this Agreement. (5) Any City regulations to which St. Monica's has consented in writing. (6) Collection of such fees or exactions as are imposed and set by governmental entities not controlled by City but which are required to be collected by City. (7) Regulations which do not impair the rights and approvals granted to St. Monica's hereunder. For the purposes of this Section 6.2(a)(7), 17 regulations which impair St. Monica's's rights or approvals include, but are not limited to, regulations which (i) materially increase the cost of the Project (except as provided in Section 6.2(a)(1) and Section 6.2(a)(2) above), or (ii) which would materially delay development of the Project. (b) This Agreement shall not be construed to prevent the City from applying new rules, regulations and policies in which circumstances as are specified in California Government Code Section 65866. (c) In the event that state or federal laws or regulations enacted after this Agreement is executed prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as maybe necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 6.3 Conflicting Enactments. Except as provided in Section 6.2 above, any Subsequent Code Change which would conflict in any way with or be more restrictive than the Existing Regulations shall not be applied by City to any part of the Property. St. Monica's may, in its sole discretion, give City written notice of its election to have any Subsequent Code Change applied to such portion of the Property as it may have an interest in, in which case such Subsequent Code Change shall be deemed to be an Existing Regulation insofar as that portion of the Property is concerned. 6.4 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulted in alater-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the intent of St. Monica's and the City to cure that deficiency by expressly acknowledging and providing that no Subsequent Code Change that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property or prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by City on the amount of square footage that can be built each year on the Property. 6.5 ARB Approval. As the project is approved in schematic design, ARB review shall address all building exterior facades, including specific attention regarding minor revisions to the top portion of the corner chapel element, colors and materials and associated typical and significant details, sun-shading devices, details and operation thereof, and pedestrian orientation, experience, path of travel and associated hardscape. The ARB shall pay particular attention tothe-courtyard/playground landscaping plan that should include adequate landscaping and tree canopy, and parking space striping that is sensitive to the playground aesthetics. Plans for final design, landscaping, irrigation, screening, trash enclosures, outdoor lighting, and signage shall also be subject to review and approval by the Architecture Review Board. 18 The ARB shall have no authority to disapprove or otherwise adversely affect any features of the Project which have been approved by this Agreement, as set forth in the Project Plans (overall height, parcel coverage, setbacks, stepbacks or any other structural design aspect of any buildings constituting a part of the Project Plans and signage locations). Decisions of the ARB shall be appealable to the Planning Commission in accordance with the Existing Regulations. Article 7 CITY TECHNICAL PERMITS 7.1 Diligent Action by City. (a) Upon satisfaction of the conditions set forth in Section 7.2(a) below, the City shall accept the Technical Permit Applications filed by St. Monica's with the City and shall diligently proceed to process such Technical Permit Applications to completion. (b) Upon satisfaction of the conditions set forth in Section 7.2(b) below, the City shall diligently issue the Technical City Permits which are the subject of the Technical Permit Applications. 7.2 Conditions for Diligent Action By the City. (a) The obligation of the City to accept and diligently process the Technical Permit Applications which are filed by St. Monica's in accordance with Section 7.1(a) is subject to satisfaction of the following conditions: (1) St: Monica's shall have completed and filed all Technical Permit Applications which are required under the. administrative procedures and policies of the City which are in effect on the date when the Technical Permit Application is filed, provided that such procedures and policies are uniformly in force and effect throughout the City. (2) St. Monica's shall have paid all Applicable Permit Fees required to be paid hereunder. (b) The obligation of the City to issue a Technical City Permit for a proposed building under Section 7.1 (b) which is the subject of a Technical Permit Application filed by St. Monica's is subject solely to the satisfaction of the following conditions: (1) S_t. Monica's shall have complied with all of its obligations under this Agreement which are required to be performed prior to or concurrent with the issuance of the Technical City Permits for the proposed building. 19 (2) St. Monica's shall have received any permits or approvals from other governmental agencies which are required by law to be issued prior to or concurrent with the issuance of the Technical City Permits for the proposed building. (3) The Project shall conform to the Project Plans and any conditions imposed under this Agreement. In the event that the Project is not in conformance, St. Monica's shall have the right to seek any relief from such standards under the procedures then available in the City. (4) The proposed building shall conform to the Technical Codes in effect on the date that the Technical City Permit is issued. 7.3 Duration of Technical City Permits. The duration of Technical City Permits issued by the City in accordance with Section 7.1(b), and any extensions of such Technical City Permits, shall be established in accordance with the Technical Codes in effect at the time that the Technical City Permits are issued; provided, however, that St. Monica's shall have at least six (6) months to begin site work on the Project following issuance of a building permit subject to extension for an additional six (6) months upon the showing of good cause. The lapse or expiration of a Technical City Permit shall not preclude or impair St. Monica's from subsequently filing another such Technical Permit Application during the Vesting Period of this Agreement which shall be processed by the City in accordance with the provisions of this Article 7. Notwithstanding the foregoing, any grading, site clearance or similar permit issued in connection with the Project shall not expire during the Term of this Agreement. Article 8 AMENDMENT AND MODIFICATION 8.1 Amendment and Modification of Development Agreement. Subject to the notice and hearing requirements of the applicable Development Agreement Statutes, this Agreement may be modified or amended from time to time only with the written consent of St. Monica's and the City or their successors and assigns in accordance with the provisions of the Code and Section 65868 of the California Government Code. Article 9 TERM 9.1 Effective Date. This Agreement shall be dated and the obligations of the parties hereunder shall be effective as of the Effective Date. 9.2 Term. (a) The term of this Agreement (the "Term") shall commence on the Effective Date and shall continue for twenty years unless otherwise terminated pursuant to either Section 3.1 (b) above or Section 11.4 below. 20 (b) Upon termination of this Agreement, the parties hereto shall execute an appropriate certificate of termination in recordable form which shall be recorded in the Official Records of the County of Los Angeles, State of California. Article 10 REVIEW OF COMPLIANCE 10.1 City Review. At least 60 days prior to each. anniversary of the Effective Date of this Agreement, the St. Monica's shall provide the Planning and Community Development Department with a compliance report demonstrating compliance with the terms and conditions of the Development Agreement. The City shall review this Agreement once each year in accordance with this Article 10 in order to determine whether or not St. Monica's is out of compliance with any specific term or provision of this Agreement (a "Periodic Review'). (a) Evidence of Compliance: For purposes of this Agreement, the phrase "compliance" shall mean the following: (1) conformance by St. Monica's with the applicable requirements of the Existing Regulations, except as otherwise modified by this Agreement; (2) conformance by St. Monica's with the terms and conditions of this Agreement; and (3) the existence of any specified Excusable Delays which prevented or delayed the timely performance by St. Monica's of any of its obligations under this Agreement. (b) Information to be Provided to St. Monica's. The City shall deliver to St. Monica's a copy of all staff reports prepared in connection with a Periodic Review, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review concurrently with the delivery of a Notice of Default, defined below. (c) Notice of Default; Cure Rights. If the City reasonably concludes on the basis of substantial evidence that St. Monica's has not demonstrated that. it is in good faith compliance with this Agreement, then the City may issue and deliver to St. Monica's a written "Notice of Default" pursuant to Section 11.1(a) below, and St. Monica's shall have the opportunity to cure such default pursuant to Section 11.1 (b) or (c) below. (d) Failure of Periodic Review. The City's failure to review at least annually compliance by St. Monica's with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. 10.2 Termination of Development Agreement. If St. Monica's fails to timely cure any item(s) of non-compliance set forth in a Notice of Default, then the City shall have the right but not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant to Section 11.4 below. 21 Article 11 DEFAULT 11.1 Notice and Cure. (a) Notice of Default. In the event of a Default by either party, the non-defaulting party shall have those rights and remedies provided in this Agreement, provided that such non-defaulting party has first sent a written notice of Default, in the manner required by Section 16.1, specifying the precise nature of the alleged Default (including references to pertinent Sections of this Agreement and the Existing Regulations or Subsequent Code Changes alleged to have been breached), and the manner in which the alleged Default may satisfactorily be cured (a "Notice of Default"). In the event of a Default by St. Monica's, the Notice of Default shall also be provided to any Mortgagee of St. Monica's which has delivered a Request for Notice to the City in accordance with Section 12.2(a) below. (b) Cure of Monetary Defaults. In the case of a monetary Default by St. Monica's, St. Monica's shall promptly commence to cure the identified Default and shall complete the cure of such Default within twenty (20) business days after receipt by St. Monica's of the Notice of Default or provide evidence of Excusable Delay as defined in Section 16.8 below. (c) Cure of Non-Monetary Default. In the case of anon-monetary Default by either party, the alleged defaulting party shall promptly commence to cure the identified Default and shall complete the cure within thirty (30) days after receipt of the Notice of Default or provide evidence of Excusable Delay. The thirty (30) day cure period for anon-monetary Default shall be extended as is reasonably necessary to allow for the completion of such cure, provided that the alleged defaulting party commences such cure promptly after receiving the Notice of Default and continuously and diligently pursues such cure at all times until such Default is cured. (d) Excusable Delay. Notwithstanding anything to the contrary contained herein, the City's exercise of any of its rights or remedies under this Article 11 shall be subject to the provisions of Section 16.8 below. 11.2 City Remedies for Monetary Default by St. Monica's. (a) In the event of Default by St. Monica's in the performance of any of its monetary obligations under this Agreement which remains uncured (a) twenty (20) business days after receipt by St. Monica's of a written notice of default from the City, and (b) after expiration of Mortgagee's Cure Period under Section 12.2(b) (if a Mortgagee of St. Monica's has delivered a Request for Notice to the City in accordance with Section 12.2(a)), the City shall have available any right or remedy provided in this Agreement, and at law or in equity. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. 22 (b) In the event of a monetary default by St. Monica's, the City shall not be required to comply with the procedures set forth in Section 11.4. 11.3 Remedies for Non-Monetary Default. (a) In the event of non-monetary Default by either party hereunder which remains uncured: (1) after expiration of all applicable notice and cure periods, and (2) in the case of a Default by St. Monica's, after the expiration of Mortgagee's Cure Period (if a Mortgagee has delivered a Request for Notice to the City in accordance with Section 12.2(a) below), the non-defaulting party shall have available any right or remedy provided in this Agreement, and at law or in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. (b) Due to the size, nature and scope of the Project and due to the fact that it will not be practical or possible to restore the Project Land to its condition as of the date of this Agreement once implementation of this Agreement has begun, St. Monica's may be foreclosed from other choices it may have had for the use of the Project Land or portions of the Project Land. St. Monica's has invested significant time and resources, performed extensive planning and processing of the Project, and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. Consequently, the City and St. Monica's acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance is an appropriate remedy for the enforcement of this Agreement. Therefore, unless otherwise expressly provided herein, the remedy of specific performance shall be available to St. Monica's under this Agreement in the event of anon-monetary Default by the City. City Initials St. Monica's Initials (c) The City and St. Monica's hereby stipulate-that St. Monica's shall be entitled to obtain relief in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any non- monetary Default by the City of its obligations and duties under this Agreement. Nothing in this Section 11.3(c), however, is intended to alter the evidentiary standard or the standard of review applicable to any action of, or approval by, the City pursuant to this Agreement or with respect to the Project. (d) St. Monica's acknowledges that the City would not have entered into this Agreement if the City were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees in accordance with Section 16.11 below and court costs, the City shall not be liable in damages to St. Monica's or to any Transferee, and St. Monica's covenants on behalf of itself and its successors in interest not to sue for or claim any damages: 23 (1) for any non-monetary Default of, or which arises out of, this Agreement; (2) for the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; (3) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. (e) The City and St. Monica's agree that the provisions of Section 11.3(d) do not apply if the City has unreasonably or maliciously disregarded the terms of this Agreement and further agree that the provisions of Section 11.3.(d) do not limit the liability of the City, if any, for damages which: (1) are not for anon-monetary. Default or which do not arise under this Agreement; (2) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto; or (3) do not arise out of or which are not connected with any dispute, controversy or issue regarding the application, .interpretation, or effect of the provisions of this Agreement. (f) The City acknowledges that St. Monica's would not have entered. into this Agreement if St. Monica's were to be liable ih damages in connection with any non-monetary Default hereunder. Consequently, and except for the payment of attorney's fees in accordance with Section 16.11 below and court costs, St. Monica's shall not be liable in damages to the City, and the City covenants not to sue for or claim any damages for. (1) any non-monetary Default of, or which arises out of, this Agreement; or (2) arising out of connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement (except in the case of a monetary default). (g) The City and St. Monica's agree that the provisions of Section 11.3(fl do not limit the liability of St. Monica's, if any, for damages which (1) are not for anon-monetary Default, or which do not arise under this Agreement, (2) are not with respect to any right or interest conveyed or provided hereunder or pursuant hereto, or (3) do not arise out of or which are not connected with any dispute, controversy, or issue regarding the applicatioh, interpretation or effect of the provisions of this Agreement. The provisions of this Section 11.3(x) do not limit any liability of St. Monica's for work performed on public property or rights-of-way. (h) Except as provided herein, the provisions of this Section 11.3 shall not limit any other rights, remedies, or causes. of action that either the City or St. Monica's may have at law or equity. 11.4 Termination of Agreement by City. 24 (a) In the event that (1) the City finds and determines pursuant to Section 11.1 above, on the basis of substantial evidence, that St. Monica's has not been in good faith compliance with the terms and conditions of this Agreement, or (2) the City finds. and determines that there has been anon-monetary Default by St. Monica's of its obligations under this Agreement and such non-compliance or Default, as applicable has not been cured during the applicable cure period under Section 11.1 (b) above and Section 11.1 (c) above, the City may commence proceedings to terminate or modify this Agreement pursuant to this Section. (b) The procedures for termination or modification of this Agreement by the City for the grounds set forth in Section 11.4(a) above are as follows: (1) The City shall provide a written notice to St. Monica's (and to any Mortgagee of St. Monica's which has delivered a Request for Notice to the City in accordance with Section 12.2(a) below) of its intention to terminate or modify this Agreement unless St. Monica's (or the Mortgagee) cures or corrects the acts or omissions that constitute the basis of such determinations by the City ("Hearin Notice"). The Hearing Notice shall be delivered by the City to St. Monica's in accordance with Section 16.1 below and shall contain the time and place of a public hearing to be held by the City Council on the determination of the City to proceed with termination or modification of this Agreement. The public hearing shall not be held earlier than: (i) thirty-one (31) days after delivery of the Hearing Notice to St. Monica's, or (ii) if a Mortgagee has delivered a Request for Notice in accordance with Section 12.2(a), the day following the expiration of the Mortgagee Cure Period. (2) If, following the conclusion of the public hearing, the City Council: (i) determines that St. Monica's is in Default of its non-monetary obligations under this Agreement or has not been in good faith compliance with this Agreement pursuant to Section 10.1, as applicable, and (ii) further determines that St. Monica's (or the Mortgagee, if applicable) has not cured the acts or omissions that constitute the basis of the determination under clause (i) above or if those acts or omissions could not be reasonably remedied prior to the public hearing, that St. Monica's (or the Mortgagee) has not in good faith commenced to cure or correct such acts or omissions prior to the public hearing or is not diligently and continuously proceeding therewith to completion; the City Council may terminate or modify this Agreement. The City and St. Monica's mutually acknowledge and agree that the City cannot unilaterally modify the provisions of this Agreement pursuant to this Section 11.4 and that any such modification requires the consent of St. Monica's. In the event that St. Monica's does not consent to a modification submitted by the City pursuant to this Section 11.4, the City Council may elect to terminate this Agreement. 11.5. Cessation of Rights and Obligations. If this Agreement is terminated on account of a Default, the rights, duties and obligations of the parties hereunder shall cease as of the date of such termination except as otherwise provided in this Agreement. If the City is the terminating party, then any and all benefits, including money received by the City, shall be retained by the City. 25 11.6 Completion of Improvements. Notwithstanding the provisions of Sections 11.2 through 11.5 above, if prior to termination of this Agreement, St. Monica' has performed substantial work and incurred substantial liabilities in good faith reliance upon a building permit issued by the City, then St. Monica's shall have acquired a vested right to: complete construction of the buildings and improvements in accordance with the terms of the building permit and occupy or use such buildings upon completion for the use(s) permitted for that building as delineated in this Agreement. Any. building or improvement completed or occupied pursuant to this Section shall be considered legal non-conforming subject to all City ordinances. standards and policies as they then exist governing legal non-conforming buildings and uses unless the building otherwise complies with the property.development standards for the district in which it is located and the use is otherwise permitted or conditionally permitted in the district. Article 12 MORTGAGEES 12.1 Encumbrances on the Property. The parties hereto agree that this Agreement shall not prevent or limit St. Monica's, in any manner, at St. Monica's's sole discretion, from granting a Mortgage. The City acknowledges that the lender(s) providing the financing secured thereby may require certain Agreement interpretations and agrees upon request, from time to time, to meet with St. Monica's and representatives of such lender(s) to negotiate in good faith any such request for interpretation. The City will not unreasonably withhold its consent to any such requested interpretation provided such interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee shall be entitled to the rights and privileges set forth in this Article 12. (a) Mortgaae Not Rendered Invalid. Except as provided in Section 12.1 (b) below, neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. (b) Priority of Agreement. This Agreement shall be superior and senior to the lien of any Mortgage recorded on or after Effective Date. Any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a Mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise) shall be subject to all of the terms and conditions of this Agreement. 12.2 Right of Mortgagee to Cure Default. (a) A Mortgagee may, at any time, give a Request for Notice to the City. If the Request for Notice shall be given, at the same time the City sends such notice to St. Monica's, the City shall send to such Mortgagee a copy of each Notice of Default or Hearing Notice from the City to St. Monica's which relates to, affects, or potentially may adversely affect, the interest of St. Monica's in the Property or portion thereof which serves as security for the Mortgage. The copy of the Notice of Default or Hearing Notice sent to the Mortgagee pursuant to this Section 12.2(a) shall be 26 addressed to such Mortgagee at its address last furnished to the City. The period within which a Mortgagee may cure a particular Default shall not begin to run until the City has sent to the Mortgagee such copy of a Notice of Default or Hearing Notice. (b) The Mortgagee, after the copy of such Notice of Default or Hearing Notice has been given, shall thereupon have a period of: (1) ten (10) days in the case of any Default in the payment of money and (2) thirty (30) days in the case of any other Default, beyond the cure period afforded to St. Monica's under this Agreement, for remedying the Default or causing the same to be remedied ("Mortgagee's Cure Period"). If St. Monica's shall be in Default hereunder, such Mortgagee shall have the right to cure such Default, or cause the same to be cured prior to the conclusion of the Mortgagee's Cure Period and otherwise as herein provided. The City shall accept performance by any such Mortgagee of any covenant, condition, or agreement on St. Monica's's part to be performed hereunder with the same force and effect as though performed by St. Monica's. (c) The period of time given to the Mortgagee to cure any Default by St. Monica's which reasonably requires that said Mortgagee be in possession of the Property to do so, shall be deemed extended to include the period of time reasonably required by said Mortgagee to obtain such possession (by foreclosure, the appointment of a receiver or otherwise) promptly and with due diligence, provided, however, that during such period all other obligations of St. Monica's under this Agreement, including, without limitation, payment of all amounts due, are being duly and promptly performed. 12.3 Mortgagee Not Obligated Under Agreement. (a) No Mortgagee shall have any obligation or duty under this Agreement to perform the obligations of St. Monica's's or the affirmative covenants of St. Monica's's hereunder or to guarantee such performance unless and until such time as a Mortgagee takes possession or becomes the owner of the estate covered by its Mortgage, and then only for obligations arising or accruing during or with respect to the time a Mortgagee is in possession or is the owner under such estate. (b) Nothing in Section 12.3(a) is intended, nor should be construed or applied, to limit or restrict in any way the City's authority to terminate this Agreement, as against any Mortgagee as well as against St. Monica's if any curable Default hereunder (including, without limitation, any Default'in the payment of any amount due) is not completely cured within the time period allowed in this Agreement. Article 13 TRANSFERS AND ASSIGNMENTS 13.1 Transfers/Assignments. (a) Not Severable from Ownership Interest in Property. This Agreement shall not be severable from St. Monica's's interest in the Property and any transfer of the Property or any portion thereof shall automatically operate to transfer the 27 benefits and burdens of this Agreement with respect to the Property or transferred portions, as applicable. (b) Transfer Rights. St. Monica's may, freely sell, transfer, exchange, hypothecate, encumber or otherwise dispose of all or any part of its interest in the Property or any portion thereof, without the consent of the City. St. Monica's shall, however, give written notice to the City, in accordance with Section 16.1, of any transfer hereunder, disclosing in such notice (a) the identity of the transferee of the Property, or such portion, ("Transferee") and (b) the address of such Transferee as applicable. 13.2 Liabilities Upon Transfer. Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of St. Monica's's interest in the Property, St. Monica's will be released from its obligations under this Agreement with respect to the Property, arising subsequent to the effective date of such transfer, if (a) St. Monica's has provided to the City prior or subsequent written notice of such transfer and (b) the Transferee has agreed in writing to be subject to all of the provisions hereof applicable to the Property by executing an Assignment and Assumption Agreement in the form of Exhibit "E" attached hereto (the "Assumption Agreement"). Provided that St. Monica's complies with the foregoing requirement, upon such transfer of the St. Monica's's interest in the Property, the City agrees to look solely to the transferee for compliance with the provisions of this Agreement. Any such Transferee shall be entitled to the benefits of this Agreement as "St. Monica's" hereunder and shall be subject to the obligations of this Agreement. Failure to deliver a written Assumption Agreement hereunder shall not affect the transfer of the benefits and burdens as provided in Section 13.1, provided, however, that the transferor shall not be released from its obligation hereunder unless and until the executed Assumption Agreement is delivered to the City. Article 14 INDEMNITY TO CITY 14.1 Indemni St. Monica's agrees to and shall defend, indemnify and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, volunteers and other representatives (collectively referred to in this Article as "City") from and against any and all loss, liability, damages, cost, expense, claims, demands, suits, attorney's fees and judgments (collectively referred to as "Damages"), including but not limited to claims for damage for personal injury (including death) and claims for property damage arising directly or indirectly from the following: (a) for any act or omission of St. Monica's or those of its officers, board members, agents, employees, volunteers, contractors, subcontractors or other persons acting on its behalf (collectively referred to in this Article as "St. Monica's") which occurs during or relates to this Agreement; (b) for any act or omission related to the operations of St. Monica's, including but not limited to the maintenance and operation of areas on the Property accessible to the public. St. Monica's's obligation to defend, indemnify and hold harmless applies to all actions and omissions of St. Monica's's as described above caused or alleged to have been caused in connection with the Project or Agreement, except to the extent any Damages are caused by the active negligence or willful misconduct of the City. This Section 14.1 applies to all Damages suffered or alleged to 28 have been suffered regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the Project. 14.2 Citv's Right to Defense. The City shall have the right to approve legal counsel retained by St. Monica's to defend any claim, action or proceeding which St. Monica's is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld or delayed. In the event that any conflict of interest results during the mutual representation of the City and St. Monica's in defense of any such action, or in the event of the City's reasonable dissatisfaction with counsel retained by St. Monica's, the City shall have the right (a) at St. Monica's's cost and expense, to have the City Attorney undertake and continue with the City's defense, or (b) with St. Monica's's approval, which shall not be unreasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City's defense. Article 15 ADDITIONAL AGREEMENTS 15.1 Other Agreements. The City acknowledges that certain additional agreements may be necessary to effectuate the intent of this Agreement and facilitate development of the Project. The City shall acknowledge and authorize the preparation, execution and recordation of those additional agreements. Article 16 GENERAL PROVISIONS 16.1 Notices. All notices under this Agreement shall be in writing and shall be deemed delivered when personally received by the addressee, or within three (3) calendar days after deposited in the United States mail by registered or certified mail, postage prepaid, return receipt requested, to the following parties and their counsel at the addresses indicated below, provided, however, if any party to this Agreement delivers a notice or causes a notice to be delivered to any other parry to this Agreement, a duplicate of that Notice shall be concurrently delivered to each other party and their respective counsel To City: City of Santa Monica 1685 Main Street, Room 204 Santa Monica, California 90401 Attention: City Manager With a Copy to: City of Santa Monica 1685 Main Street, Room 212 Santa Monica, California 90401 Attn: Planning and Community Development Director To St. Monica's: St. Monica Catholic Community 725 California Avenue Santa Monica, California 90403 Attn: V. Michael Mottola 29 With a Copy to: Harding Larmore Kutcher & Kozal, LLP 1250 Sixth Street, Suite 200 Santa Monica, California 90401 Attention: Christopher M. Harding, Esq. Director of Real Estate and General Counsel Roman Catholic Archdiocese of Los Angeles 3424 Wilshire Blvd. Los Angeles, CA 90010-2202 Notice given in any other manner shall be effective when received by the addressee. The addresses for notices may be changed by notice given in accordance with this provision. 16.2 Entire Aareement: Conflicts. -This Agreement represents the entire agreement of the parties. The Recitals are incorporated into and form an integral part of this Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in any of the Existing Regulations (other than the General Plan, which the City Council have determined to be consistent with this Agreement), then the provisions of this Agreement shall prevail. Should any of the Conditions of Approval attached hereto as Exhibit "J" conflict with any of the Mitigation Measures attached hereto as Exhibit "J", the more stringent or exacting requirement shall control 16.3 Binding Effect. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the land comprising the Property during the Term for the benefit thereof and that the burdens and benefits thereof shall bind and inure to the benefit of all successors-in-interest to the parties hereto. Every party who. now or hereafter owns or acquires any right, title, or interest in or to any portion of the Project during the Term is and shall be conclusively deemed to have consented and agreed to every provision contained herein, to the extent relevant to said right, title or interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project. 16.4 Aareement Not for Benefit of Third Parties. This Agreement is made and entered into for the sole protection and benefit of St. Monica's and the City and their respective successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 30 16.5 No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the City and St. Monica's or to render either party liable in any manner for the debts or obligations of the other. 16.6 Estoppel Certificates. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing (the "Estoppel Certificate"): (a) that this Agreement is in full force and effect; (b) that this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments; (c) whether or not, to the knowledge of the responding party, the requesting party is in Default or claimed Default in the performance of its obligations under this Agreement, and, if so, describing the nature and amount of any such Default or claimed Default; and (d) whether or not, to the knowledge of the responding party, any event has occurred or failed to occur which, with the passage of time or the giving of notice, or both, would constitute a Default and, if so, specifying each such event. A party receiving a request hereunder shall execute and return such Certificate within thirty (30) days following the receipt thereof. If the party receiving the request hereunder does not execute and return the certificate in such 30-day period and if circumstances are such that the party requesting the notice requires such notice as a matter of reasonable business necessity, the party requesting the notice may seek a second request which conspicuously states both "FAILURE TO EXECUTE THE REQUESTED ESTOPPEL CERTIFICATE WITHIN FIFTEEN (15) DAYS SHALL BE DEEMED WAIVER PURSUANT TO SECTIONS 16.6 AND 16.13 OF THE DEVELOPMENT AGREEMENT." and which sets forth the business necessity for a timely response to the estoppel request. If the party receiving the request fails to execute the Estoppel Certificate within such 15-day period, it shall be conclusively deemed that the Agreement is in full force and effect and has not been amended or modified orally or in writing, and that there are no uncured defaults under this Agreement or any events which, with passage of time of giving of notice, of both, would constitute a default under the Agreement. The City Manager shall have the right to execute any Estoppel Certificate requested by St. Monica's under this Section 16.6. The City acknowledges that an Estoppel Certificate may be relied upon by any Property Transferee, Mortgagee or other party. 16.7 Time. Time is of the essence for each provision of this Agreement of which time is an element. 16.8 Excusable Delavs. (a) In addition to any specific provisions of this Agreement, non- performance by St. Monica's or its obligations under this Agreement shall be excused when it has been prevented or delayed by reason of any act, event or condition beyond the reasonable control of St. Monica's (collectively, "Excusable Delavs") for any of the following reasons: (1) War, insurrection, riots, floods, earthquakes, fires, casualties, acts of God, acts of terrorism or similar grounds for excused performances; 31 (2) Governmental restrictions or moratoria imposed by the City or by other governmental entities or the enactment of conflicting State or Federal laws or regulations; (3) The imposition of restrictions or moratoria by judicial decisions or by litigation, contesting the validity, or seeking the enforcement or clarification of, this Agreement whether instituted by St. Monica's, the City or any other person or entity, or the filing of a lawsuit by any third party challenging this Agreement or any permit or approval that is necessary for the implementation of the Project, provided that St. Monica's provides the City with substantial evidence that the filing of such litigation actually delays the Project, including by delaying the obtaining of financing; (4) The institution of a referendum pursuant to California Government Code Section 65867.5 or a similar public action seeking to in any way invalidate, alter, modify or amend the ordinance adopted by the City Council approving and implementing this Agreement; (5) Inability to secure necessary labor, materials or tools, due to strikes, lockouts, or similar labor disputes; (6) Failure of the City to timely perform its obligations hereunder. (b) Under no circumstances (except as provided in Section 16.8(a)(3) above) shall the inability of St. Monica's to secure financing be an Excusable Delay to the obligations of St. Monica's. (c) In order for an extension of time to be granted for any Excusable Delay identified in this Section 16.8, written notice of the Excusable Delay must be given by St. Monica's within thirty (30) days that St. Monica's becomes aware of the Excusable Delay. The extension of time for an Excusable Delay shall be for the actual period of the delay. 16.9 Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California. 16.10 Cooperation in Event of Legal Challenge. In the event of any court action or proceeding challenging the validity of this Agreement, St. Monica's shall indemnify the City as provided in Section 14.1 above. The City shall cooperate with St. Monica's in any such defense as St. Monica's may reasonably request. 16.11 Attorneys' Fees. If any party commences any action for the interpretation, enforcement, termination, cancellation or rescission of this Agreement, or for specific performance for the breach hereof, the prevailing party shall be entitled to its reasonable attorneys' fees, litigation expenses and costs. Attorneys' fees under this Section shall include attorneys' fees on any appeal as well as any attorneys' fees 32 incurred in any post-judgment proceedings to collect or enforce the judgment. Such attorneys' fees shall be paid whether or not such action is prosecuted to judgment. In any case where this Agreement provides that the City or St. Monica's is entitled to recover attorneys' fees from the other, the party so entitled to recover an amount equal to the fair market value of services provided by attorneys employed by it as well as any attorneys' fees actually paid by it to third parties. The fair market value of the legal services for public attorneys shall be determined by utilizing the prevailing billing rates of comparable private attorneys. 16.12 Recordation. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of Los Angeles. The cost, if any, of recording this Agreement shall be borne by St. Monica's. 16.13 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed. by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section 16.13. No delay or omission by either party in exercising any right or power accruing. upon non-compliance or failure to perform. by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof of this Agreement. 16.14 Construction. The parties agree that each party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto 16.15 Other Governmental Approvals. St. Monica's may apply for such other permits and approvals as may be required for development of the Project in accordance with this Agreement from other governmental orquasi-governmental agencies having jurisdiction over the Project Land. The City shall reasonably and expeditiously cooperate with St. Monica's in its endeavors to obtain such permits and approvals. Additionally: (a) Further Assurances Covenant to Sign Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. (b) Processing. Upon satisfactory completion by St. Monica's of all required preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to all legal requirements, promptly initiate, diligently process, and complete at the earliest possible time all required steps, and expeditiously act upon any approvals and permits necessary for the development by St. Monica's of the Property in accordance with this Agreement, including; but not limited to, the following: 33 (1) the processing of applications for and issuing of all Discretionary Approvals requiring the exercise of judgment and deliberation by the City; (2) the holding of any required public hearings; and (3) the processing of applications for and issuing of all City Technical Permits pursuant to Article 7 above requiring the determination of conformance with the Existing Regulations. (c) No Revocation. Approval or future approval for the development of the Project or the Property shall-not be revoked or subsequently disapproved once issued by the City provided that the development of the Project or the Property is in accordance with such approval. Any disapproval by the City shall state in writing the reasons for such disapproval and the suggested actions to be taken in order for approval to be granted. (d) Processing Durina Third Party Litigation. In the event of the filing of any third party lawsuit(s) against City or St. Monica's relating to the EIR, this Agreement or other development issues affecting the Project, the City shall not delay or stop the development, processing or construction of the Project, approval of future approvals, or issuance of City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate or fail to oppose the issuance of any such order. (e) State. Federal or Case Law. Where any state, federal or case law allows the City to exercise any discretion or take any act with respect to that law, the City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. 16.16 Venue. Any legal action or proceeding arising out of this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court for the Central District of California. 16.17 Exhibits. The following exhibits which are part of this Agreement are attached hereto and each of which is incorporated herein by this reference as though set forth in full Exhibit "A": Legal Description of Project Land Exhibit "B": Legal Description of Church Land Exhibit "C": Legal Description of Parking Lot Exhibit "D": Project Plans 34 Exhibit "E": Assignment and Assumption Agreement Exhibit "F": Existing Regulations Exhibit "G": Construction Mitigation Plan Exhibit "H": Construction Permit Fees, Annual Development Agreement Compliance Review Fees, and Environmental Mitigation Monitoring Fees. Exhibit "I": Mitigation Monitoring Program Exhibit."J": Conditions of Approval, including EIR Historic Mitigation Measures Exhibit "K" Existing Land Use Approvals Exhibit "L" Public Benefits In the event that any inconsistencies exist between the Exhibits and the text of this Agreement, the text of this Agreement shall prevail. 16.18 Counterpart Signatures. The parties may execute this Agreement on separate signature pages which, when attached hereto, shall constitute one complete Agreement. 16.19 Certificate of Completion. Upon the City's issuance of temporary certificates of occupancy for the Project, or upon performance of this Agreement or its earlier revocation and termination, City shall provide St. Monica's, upon St. Monica's's request, with a certification evidencing said completion, termination or revocation and the release of St. Monica's from further obligations hereunder. Such certificate shall be signed by the appropriate agents of St: Monica's and City and shall be recorded in the official records of Los Angeles County, California. Such certificate is not a notice of completion as referred to in California Civil Code Section 3093. 16.20 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and St. Monica's. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and St. Monica's. If and when, from time to time, during the terms of this Agreement, the City and St. Monica's agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and St. Monica's, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and St. Monica's. Operating memoranda are not 35 intended to and cannot constitute an amendment to this Agreement but shall be mere ministerial clarifications, therefore public notices and hearings shall not be required. The City Attorney shall be authorized, upon consultation with, and approval of, St. Monica's, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment hereof which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further Council action. 16.21 Acknowledgments Agreements and Assurance on the Part of St. Monica's. (a) St. Monica's's Faithful Performance. The parties acknowledge and agree that St. Monica's's faithful performance in developing the Project on the Property. and in constructing and installing certain public improvements pursuant to this Agreement and complying with the Existing Regulations will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from St. Monica's's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project. The parties further. acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. St. Monica's acknowledges that the consideration is reasonably related to the type and extent of the impacts of their respective projects on the community and the Property, and further acknowledge that the consideration is necessary to mitigate the direct and indirect impacts caused by St. Monica's on the Property. (b) Obligations to be Non-Recourse. As a material element of this Agreement, and as an inducement to St. Monica's to enter into this Agreement, each of the parties understands and agrees that the City's remedies for breach of the obligations of St. Monica's under this Agreement shall be limited as described in Section 11 above. 16.22 Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever. 16.23 Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 36 IN WITNESS WHEREOF, this Development Agreement has been entered into as of the Effective Date. ST. MONICA'S: ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION, a California non-profit religious corporation By: Name: Title: THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, a California corporation sole By: Name: Title: APPROVED AS TO FORM: St. Monica Parish By: Name: Title: CITY: CITY OF SANTA MONICA, a Municipal Corporation By: Rod Gould City Manager 37 ATTEST: By: MARIA M. STEWART City Clerk APPROVED AS TO FORM: By: MARSHA JONES MOUTRIE City Attorney 38 Exhibit "A" LEGAL DESCRIPTION OF PROJECT LAND Assessor's Parcel No. 4292-003-028 The Southeasterly 38 feet of the Southwesterly 86 feet of Lot P, and all of Lots M, N, O, and Z, in Block 69, of Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 39 Page(s) 45 to 51 of Miscellaneous Records, and in Book 3 Page(s) 80 and 81 of Miscellaneous Records, in the office of the County Recorder of said County, together with the Southwesterly one- half of that portion of the vacated alley, 20 feet wide, adjacent to the Northeast of said Lot Z, bounded on the Northwest by the Northeasterly prolongation of the Northwesterly line of said Lot Z, and bounded on the Southeast by the Northwesterly line of California Avenue, 100 feet wide. Exhibit "B" LEGAL DESCRIPTION OF CHURCH LAND Assessor's Parcel No. 4292-003-027 Lots, A, B, C, D, E, F, G, H, I, J, K, L, Q, R, S, T, U, V, W, X, Y, And Lot P, except therefrom that portion of said -Lot P, described as the Southeasterly 38 feet of the Southwesterly 86 feet, all of Block 69, of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 39 Page(s) 45 to 51 of Miscellaneous Records, and in Book 3 Page(s) 80 and 81 of Miscellaneous Records, in the office of the County Recorder of said County, together with the vacated alley, 20 feet wide, lying between the Southeasterly line of Washington Avenue and the Northwesterly line of California Avenue, except therefrom that portion of said Alley described as the Southwesterly 10 feet of the Southeasterly 100 feet. Exhibit "C" LEGAL DESCRIPTION OF PARKING LOT Assesor's Parcel No. 4292-005-007 Lot H in Block 93 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 39, Page 45 et seq. of Miscellaneous Records, in the office of the County Recorder of said county. Exhibit "D" Project Plans Electronic version of Exhibit "D" is not available for review. Plans are available for review at the City Clerk's office and the- Libraries. Exhibit "E" Form of Assumption and Assignment Agreement Recording Requested By and When Recorded Mail To: Harding Larmore Mullen Jakle Kutcher & Kozal, LLP 1250 Sixth Street, Suite 300 Santa Monica, California 90401 Attn: Christopher M. Harding ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into by and between ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION, a California non-profit religious organization ,and THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, a California non- profit religious organization ("Assignor"), and , a ("Assignee"). RECITALS A. The City of Santa Monica ("City") and Assignor entered into that certain Development Agreement dated , 2010 (the "Development Agreement"), with respect to the real property located in the City of Santa Monica, State of California more particularly described in Exhibit "A-C" attached hereto (the "Project Site"). B. Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of the Development Agreement (the "Project Approvals"). C. Assignor intends to sell, and Assignee intends to purchase, the Project Site. D. In connection with such purchase and sale, Assignor desires to transfer all of the Assignor's right, title and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Project Approvals with respect to the Project Site. THEREFORE, the parties agree as follows: 1. Assignment. Assignor hereby assigns and transfers to Assignee all of Assignor's right; title and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site. Assignee hereby accepts such assignment from Assignor 2. Assumption. Assignee expressly assumes and agrees to keep, perform, and fulfill all of the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site. 3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein. This Agreement shall be effective upon its recordation in the Official Records of the Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Project Site. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below. "ASSIGNOR" ARCHDIOCESE OF LOS ANGELES EDUCATION AND WELFARE CORPORATION, a California non-profit religious organization, and THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, a California non- profit religious organization. By: Date: Its: By: Its: "ASSIGNEE" ,a Date: , RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of Santa Monica on this day of , CITY OF SANTA MONICA By: Its: Exhibit "F" Existing Regulations Article 9 Planning and Zoning Hard copy of document is available for review at the City Clerk's office and the Libraries. Exhibit "G" Construction Mitigation Plan Construction Period Mitigation A construction period mitigation plan shall be prepared by the applicant for approval by the Public Works Department prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request.. As applicable, this plan shall: 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide aconstruction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and 18) Provide a construction period water runoff control plan. 2. Construction period signage shall be subject to the approval of the Architecture Review Board. 3. Immediately-after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 4. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction. 6. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 7. A copy of these conditions shall be posted in an easily visible and accessible location at all times during. construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. No construction-related vehicles may be parked on the street at any time or on the subject site during periods of peak parking demand. All construction-related vehicles must be parked for storage purposes at on offsite location on a private lot for the duration of demolition and construction. The offsite location. shall be approved as part of the Department of Environmental and Public Works review of the construction period mitigation plan and by the Department of City Planning if a Temporary Use Permit is required. Construction Mitigation Measures (EIR) 9. Construction Impact Mitigation Plan. The applicant shall prepare, implement and maintain a Construction Impact Mitigation Plan which shall be designed to: • Prevent material traffic impacts on the surrounding roadway network. • Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable. • Ensure safety for both those constructing the project and the surrounding community~ • Prevent substantial truck traffic through residential neighborhoods. A single Construction Impact Mitigation Plan can be adopted to address the requirements of this condition as well as the Construction Mitigation Plan described in Exhibit "G". The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development and Police to ensure that the Plan has been designed in accordance with this mitigation measure. This review. shall occur prior to commencement of any construction -staging for the project. It shall, at a minimum, include the following: Ongoing Requirements Throughout the Duration of Construction • A detailed traffic control plan for work zones shall be maintained. At minimum, this shall include accurate: parking and travel lane configurations; warning, regulatory, guide and directional signage; and area sidewalks, bicycle lanes and parking lanes. The plan shall include specific information .regarding the projects construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these .disruptions. Such plans shall be reviewed and approved by the Transportation Management Division prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00 a.m. and 4:00 p.m. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of--way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. • Streets and equipment shall be cleaned in accordance with established PW requirements. • Trucks shall onlytravel on aCity-approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself. • Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. • Any requests for work before or after normal construction hours within the public right-of--way shall be subject to review and approval Through the After Hours Permit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction • The applicant shall advise the traveling public of impending construction activities (e.g., information signs; portable message signs, media listing/notification, implementation of an approved traffic control plan). • The applicant shall obtain a Use of Public Property Permit, Excavation Permit, Sewer Permit or Oversize Load Permit, as well as any Caltrans Permits required, for any construction work requiring encroachment into public rights-of--way, detours or any other work within the public right-of- way. • The applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Public Works, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • The applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal • The applicant shall obtain Transportation Management Division approval of any haul routes, for earth, concrete or construction materials and equipment hauling: • Project Coordination shall consider any other construction projects occurring at the same time as the construction of this project, 10. Diesel Equipment Mufflers. All- diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. 11. Electrically-Powered Tools. Electrical powered shall be used to run air compressors and similar power tools. 12. Restrictions on Excavation and Foundation/Conditioning. Excavation, foundation- laying, and conditioning activities (the noisiest phases of construction) shall be restricted to between the hours of 10:00 a.m. and 3:00 p.m., Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code: 13. Additional Noise Attenuation Techniques. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed as necessary to reduce noise levels to City of Santa Monica noise standards. Such techniques may include the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors: 14. Construction Sign Posting. In accordance with Municipal Code Section 4.12.120, the project applicant shall post a sign informing all workers and subcontractors of the time restrictions for construction activities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with construction noise can be submitted. 15. Fugitive Dust Control Measures. The following shall be implemented during construction to minimize fugitive dust and associated particulate emissions: • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage; preferably at the start of the day, in the late morning and after work is done for the day • All grading, earth moving or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust • All material Transported on and off-site shall be securely covered to .prevent excessive amounts of dust • Soils stockpiles shall be covered • Onsite vehicle speeds shall be limited to 15 mph • Wheel washers shall be installed where vehicles enter and: exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip • An appointed construction relations officer. shall act as a community liaison .concerning onsite construction activity including resolution of issues related to PM10 generation • Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved. roads (recommend water sweepers with reclaimed water) • All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust. 16. Ozone Precursor Control Measures. The following shall be implemented throughout construction to minimize emissions of ozone precursors ROG and NOx: • Equipment engines shall be maintained in good condition and in proper tune per manufacturer's specifications; • Construction periods shall be scheduled to occur over a longer time period (i.e. lengthen from 60 days to 90 days) during the smog season so as to minimize the number of vehicles and equipment operating simultaneously, and • The applicant shall use new technologies to control ozone precursor emissions as they become readily available. 17. Low ROG/VOC Coatings. All interior and exterior surfaces of onsite structures, if painted, shall utilize low VOC coatings. EXHIBIT "H" FEES Developer shall pay the following fees and charges that are within the City's jurisdiction and at the rate in effect at the time applications are made: 1. Upon submittal for Architecture Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; 2. Upon submittal for plan check, Developer shall pay City plan check fees; 3. Prior to issuance of construction permits, Developer shall pay the following City fees: • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building and Safety). • Shoring Tieback fee (collected by PW) • Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020)(collected by PW). • Wastewater Capitol Facilities fee (SMMC Section 7.04.460)(collected by PW) Water Capital Facilities fee & Water Meter Installation fee (Water Meter Permit fee)(SMMC Section 7.12.090)(collected by PW) • Fireline Meter fee (SMMC Section 7.12.090)(collected by PW) 4. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees: • Use of Public Property Permit fees (SMMC Section 7.04.670)(PW) • Utility Excavation Permit fee (SMMC Section 7.04.010)(PW) • Street Permit fee (SMMC Section 7.04.790)(PW) 5. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days; and 6. The Developer shall reimburse the City for its ongoing actual costs to monitor the project's compliance with the Developer Agreement. The City shall bill the Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. Exhibit "I" Mitigation Monitoring'Program Electronic version of Exhibit I is not available for review. Document is available for review at the City Clerk's office and the Libraries. Mitigation Monitoring and Reporting Program St. Monica Church Campus Enhancement Project Prepared by: City of Santa Monica Planning & Community Development Department 1685 Main Street Santa Monica, CA 90401 Contact: Mr. Bradley J. Misner, AICP, Principal Planner Prepared with the assistance of. Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, California 93001 February 2010 St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program This document is the Mitigation Monitoring and Reporting Program (MMRP) for the St. Monica Church Campus Enhancement Project, proposed in the City of Santa Monica; California. Public Resources Code Section 21081.6(a) requires that a Lead Agency adopt an MMRP prior to approving a project in order to mitigate or avoid significant impacts that have been identified in an Environmental Impact Report. The purpose of the MMRP is to ensure that the required mitigation measures identified in the Environmental Impact Report are implemented as part of the overall project implementation. In addition to ensuring implementation of mitigation measures, the MMRP provides feedback to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. The following table summarizes the mitigation measures for each issue area identified in the Environmental Impact Report for the St. Monica Church Campus Enhancement Project. The table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring frequency; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification. These columns will be filled out by the monitoring agency or party and would document monitoring compliance. Where an impact was identified to be less than significant, no mitigation measures were required. This MMRP will be used by City staff or the City's consultant to determine compliance with permit conditions. Violations of these conditions may cause the City to revoke the operating permit. cny or sans St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program When M it i Responsible Com liance Verification on or ng Mitigation MeasurelCondition of Approval Action Required Monitoring to Frequency Agency or Initial Date Comments Occur Pa CONSTRUCTION EFFECTS CON-1 Construction Impact Mitigation Plan. Preparation, Prior to Once prior to Project The applicant shall prepare, implement and implementation, and commencement commencement Applicant maintain a Construction Impact Mitigation Plan maintenance of a of any of any which shall be designed to: construction impact construction construction mitigation plan per staging for the staging for the • Prevent material traffic impacts on the the specifications in project. project. surrounding roadway network. the measure, and • Minimize parking impacts both to public parking submittal to the and access to private parking to the greatest following City - extent practicable. Departments: • Ensure safety for both those constructing the Department of Public project and the surrounding community. Works, Fire, Planning • Prevent substantial truck traffic through and Community residential neighborhoods. Development, and Police. The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development and Police to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to commencement of any construction staging for the project. It shall, at a minimum, include the following Ongoino Requirements Throughout the Duration of Construction • A detailed fraffic control plan for work zones shall be maintained. At a minimum, this shall include accurate: ~ parking and travel Zane configurations; warning, regulatory, guide and directional signage; and area sidewalks, bicycle lanes and parking lanes. The plan shall include specific information regarding the project's construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disru bons. Such tans shall be crty or ~anra monrca 2 St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program When M it i Responsible Com IianceVerification Mitigation Measure/Condition of Approval Action Required Monitoring to on or ng Frequency Agency or Initial Date Comments Occur Pak reviewed and approved by the Transportation Management Division prior to commencement of construction and implemented in accordance with this approval • Work within the public right-of--way shall be performed between 9:00 a. m. and 4:00 p.m. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an alter-hours construction permit. • Streets and equipment shall be cleaned in accordance with established PW requirements. • Trucks shall only travel on aCity-approved construction route. Truck queuing/staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself. • Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of--way, subject to a current Use of Public Properly Permit. • Any requests for work before or after normal construction hours within thepublic right-of-way shall be subject to review and approval through the After Hours Permitprocess administered by the Building and Safety Division. • Provision ofoff-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica City of Santa Monica 3 St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program When it i Responsible Com liance Verification ng Mon or Mitigation MeasurelCondition of Approval Action Required Monitoring to Frequency Agency or Initial Date Comments Occw Pa Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction • The applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, implementation of an approved traffic control plan). • The applicant shall obtain a Use of Public Property Permit, Excavation Permit; Sewer Permit or Oversize Load Permit, as well as any Caltrans Permits required, for any construction work requiring encroachment into public rights- of-way, detours or any other work within the public right-of--way. • The applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Public Works, and Planning and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • The applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal • The applicant shall obtain Transportation Management Division approval of any haul routes, for earth, concrete or construction materials and equipment hauling. CON-2(a) Diesel Equipment Mufflers. All diesel Confirmation that all Prior to Once prior to City of Santa equipment shall be operated with closed engine diesel equipment is construction and construction and Monica- doors and shall be equipped with factory operated with closed during periodically Building and recommended mufflers. en ine doors and construction. Burin Safet Division City of Santa Monica 4 St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program When M it i Responsible Com liance Verification on or ng Mitigation Measure/Condition of Approval Action Required Monitoring to Frequency Agency or Initial Date Comments Occur Pa equipped with factory construction. and onsite recommended constmction mufFlers. mana er. CON-2(b) Electrically-Powered Tools. Confirmation that Prior to Once prior to City of Santa Electrical power shall be used to run air electrical power is construction and construction and Monica compressors and similar power tools. used to run air during periodically Building and cempressors and construction. during Safety Division similar power tools. construction. and onsite construction mana er. CON-2(c) Restrictions on Excavation and Confrmation that During Periodically City of Santa Foundation/Conditioning. Excavation, excavation, construction. during Monica foundation-laying, and conditioning activities (the foundation-laying, construction. Building and noisiest phases of construction) shall be and conditioning Safety Division restricted to between the hours of 10:00 a.m. and activities are and onsite 3:00 p.m., Monday through Friday, in accordance restricted to the hours construction with Section 4.12.110(d) of the Santa Monica between 10:00 a.m. manager. Municipal Code. and 3:00 p.m., Monday through Frida . CON-2(d) Additional Noise Attenuation Confirmation that During Periodically City of Santa Techniques. For all noise-generating noise attenuation construction during Monica construction activity on the project site, additional techniques are used construction Building and noise attenuation techniques shall be employed to reduce noise Safety Division to reduce noise levels to City of Santa Monica levels. ~ and onsite noise standards. Such techniques may include, construction but are not limited to, the use of sound blankets manager. on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive rece tors. CON-2(e)COnstructionSignPOSting. In Confirmation that the Prior to Once prior to City of Santa accordance with Municipal Code Section applicant posts a sign construction and construction and Monica 4.12.120, the project applicant shall be required informing all workers during periodically Building and to post a sign informing all workers and and subcontractors of construction. during Safety Division. subcontractors of the time restrictions for time restrictions for construction. construction activities. The sign shall also include construction and City the City telephone numbers where violations can telephone numbers. be reported and complaints associated with construction noise can be submitted. r St. Monica Church Campus Enhancement Project EIR - Mitigation Monitoring and Reporting Program When M it i Responsible Com Iiance Verification on or ng Mitigation Measure/Condition of Approval Action Required Monitoring to Frequency Agency or Initial Date Comments Occur Pa CON-3(a) Fugitive Dust Control Measures. Confirmation that During Periodically City of Santa The following shall be implemented during fugitive dust control construction. during Monica construction to minimize fugitive dust and measures are construction Building and associated particulate emissions: implemented on the Safety Division project site. and onsite • Sufficiently water all excavated or graded construction material to prevent excessive amounts of dust. manager. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning and after work is done for the day. • Cease all grading, earth moving or excavation activities during periods of high winds (i.e., greater than 20 mph measurdd as instantaneous wind gusts) so as to prevent excessive amounts of dust. • Securely cover all material transported on and off-site to prevenf excessive amounts of dust. • Cover all soil stockpiles. • Limit on-site vehicle speeds to 15 mph. • Install wheel washers where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PMro generation. • Sweep streets at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water . CON-3(b) Ozone Precursor Control Measures. Confirmation that During Periodically City of Santa The following shall be implemented throughout ozone precursor construction. during Monica construction to minimize emissions of ozone control measures are construction. Building and precursors ROG and NOx: implemented Safety Division throughout and onsite • Equipment engines shall be maintained in good construction. construction condition and in proper tune per manufacturer's manager. s ecifications; City of Santa Monica 6 St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program When M it i Responsible Com liance Verification on or ng Mitigation Measure/Condition of Approval Action Required Monitoring to Frequency Agency or Initial Date Comments Occur Pa • Construction periods shall be scheduled to occur over a longer time period (i.e. lengthen from 60 days to 90 days) during the smog season so as to minimize the number of vehicles and equipment operating simultaneously; and • The applicant shall use new technologies fo control ozone precursor emissions as they become readil available. CON3(c) Low ROGNOC Coatings. All interior Confirmation that low During painting Once prior to City of Santa and exterior surfaces of onsite structures, if ROGNOC coatings of onsite painting of onsite Monica painted, shall utilize low VOC coatings. are used structures structures Building and Safety Division and onsite construction mans er. HISTORIC RESOURCES HR-1 (a) Documentation Report. A Completion of a Prior to issuance Once prior to City of Santa historic preservation professional documentation report of demolition issuance of Monica qualified in accordance with the on the property to be permits. demolition Planning and Secretary of the Interior's Standards demolished. permits. Community shall be selected to complete a Development documentation report on the eligible Department property to be demolished. The building and project to be demolished shall be documented applicant. with archival quality photographs of a - type and format approved by the City of Santa Monica. This documentation, along with historical background of the properties prepared for this property, shall be submitted to an appropriate repository approved by the City. The documentation reports shall be completed and approved by the City prior to the issuance of demolition ermits. HR-1 (b) Architectural Plans. Prior to the Conf rmation that the Prior to issuance Once prior to City of Santa issuance of building permits, the City of Santa architectural plans for of building issuance of Monica Monica shall find that the final architectural plans the project conform to permits. building permits. Planning and for the proposed new construction conforms to the Secretary of the Community the Secreta of the Interiors Standards for Interior's Standards. Develo ment St. Monica Church Campus Enhancement Project EIR Mitigation Monitoring and Reporting Program When M it i Responsible Com liance Verification Mitigation Measure/Condition of Approval Action Required Monitoring to on or ng Frequency Agency or Initial Date Comments Occur Pe Rehabilitation in terms of its architectural design, Department proportions, bulk, scale and materials, as it and project relates to the potential district. The Secretary's applicant. Standards applicable to related new construction and alterations to historic properties are numbers 3, 9 and 10. These standards are listed below. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development,-such as adding conjectural features or elements from other historic properties, shall not be undertaken. - 9. New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired In order to comply with these standards, the palate of architectural details utilized for the new construction shall be drawn from the Spanish Revival style as it was employed for St. Monica's Church and School from 1925-1956, including, but not limited to, window and door treatments, roofing,7oof shapes, and cladding materials. The new construction shall be compatible with, but not imitative of, the historic buildings within the St. !i Monica's Church and School district, in terms of '.. ro ortions, bulk, scale and materials. aty of Santa momca S Exhibit "J" Conditions of Approval, including EIR Historic Mitigation Measures Conditions of Approval Project Specific Conditions 1. St. Monica's shall be required to design and construct the Community Center to achieve a minimum LEED Silver certification, pursuant to the LEED Rating System. At its discretion, St. Monica's shall decide whether to pursue actual certification from the US Green Building Council for the project or instead obtain City verification of compliance with LEED Silver standards. If LEED Silver certification through City verification is pursued, achievement of a LEED Silver shall be documented and verified as follows: A. Prior to the submission of plans for Architecture Review Board review, St. Monica's shall submit a preliminary checklist of anticipated LEED credits for review by the City of Santa Monica Green Building Program Advisor along with a narrative to demonstrate that the Project is likely to achieve LEED credits equivalent to a "Silver" certification under the LEED Rating System. B. As part of the plan check submittal, St. Monica's shall submit the LEED Credits identified as Design Phase credits for review by the City's Green Building Program Advisor to demonstrate that the Project is likely to achieve "Silver" certification. C. Prior to issuance of a final Certificate of Occupancy, LEED Credits identified as Construction Phase credits must be verified by the City's Green Building Program Advisor, which approval shall not be unreasonably withheld. St. Monica-shall meet with the City's Green Building .Program Advisor at least 30 days prior to submittal of the LEED Credits of the purpose of reviewing the LEED progress A temporary Certificate of Occupancy may be issued until LEED "Silver" certification is officially determined by the City's Green Building Program Advisor. The temporary certificate of occupancy shall be converted to a permanent certificate of occupancy once the City's Green Building Program Advisor determines that the Project has incorporated sufficient credits to achieve a LEED "Silver" certification. If LEED Silver certification through the US Green Building Council is pursued, the following steps shall be followed: A. Prior to the time of the submission of plans for Architecture Review Board review, St. Monica's shall register the Project with the U.S. Green Building Council (USGBC) under the LEED Rating System for certification and submit a checklist of attempted LEED credits for review by the City of Santa Monica Green Building Program Advisor to demonstrate that the Project is likely to achieve a "Silver" certification under the LEED Rating System. B. At the time of plan check submittal, St. Monica's shall submit the Project to the USGBC for Design Review and shall submit the results of the Design Review to the City's Green Building Program Advisor to demonstrate that the Project is likely to achieve "Silver" certification. C. A temporary certificate of occupancy may be issued until the LEED "Silver" certification is officially granted by the USGBC. The temporary certificate of occupancy shall be converted to a permanent certificate of occupancy upon the Project achieving a LEED "Silver" certification by the USGBC or if the City's Green Building Program Advisor determines that the Project has incorporated sufficient credits to likely achieve a LEED "Silver" certification. Parking Lot Conditions 2. The parking lot at 1140 7th Street shall be for use of St. Monica Church, school staff, parishioners, and neighborhood area residents, as permitted by St. Monica pursuant to this Development Agreement. Furthermore, the lot shall be used for parking of vehicles only and shall not be used for commercial purposes. 3. The parking lot landscaping peninsulas and perimeter strips shall remain and be maintained for the life of the project. Furthermore, maintenance shall occur on a weekly basis and shall occur during the hours of 9:00 a.m. to 5:00 p.m. 4. The parking lot located at 1140 7th Street shall be available for use by St. Monica church, school staff, and parishioners from 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on Saturday and Sunday with the exception that on religious holidays and for special events a request for approval of alternafe hours may be made in writing to the Director of Planning and Community Development. St. Monica will make available through a permit process, as set forth in Exhibit "L", on a requested permit basis, fifteen parking spaces for neighborhood resident use overnight between the hours of 8:OOpm to 7:OOam on weekdays and Sunday, and between the hours of 8:OOpm to 9:OOam on Saturday. 5. Vehicular access to and from the parking lot shall be via 6th Court from Wilshire Boulevard. Signs shall be posted informing St. Monica church, school staff, parishioners, and residents exiting the lot that all cars shall make a left turn only. This will ensure southbound travel down 6th Court in order to access Wilshire Boulevard. 6. Signage shall be posted throughout the lot which shall read, "Please Be Quiet; Residential Neighborhood" in order to help mitigate noise impacts to the immediate residential uses. Administrative 7. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. Conformance with Approved Plans 8. This approval is for those plans dated March 5, 2010, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval 9. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to review as provided in the Development Agreement. Construction shall be in conformance with the plans submitted or as modified in accordance with the Development Agreement. 10. Except as otherwise provided by the Development Agreement, project plans shall comply with all other provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies. of the City of Santa Monica prior to building permit issuance. 11. Final parking layout and specifications for the surface and subterranean parking shall be subject to the review and. approval of the Transportation Management Division. Mitigation Monitoring Program 12. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes. to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building and Safety Division, the Department of Environmental and Public Works, the Fire Department; the Police Department, the Planning and Community Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. Historic Mitigation Measures (EIR) 13. Documentation Report. A historic preservation professional qualified in accordance with the Secretary of the Interior's Standards shall be selected to complete a documentation report on the Pastoral Center and High School East portion to be demolished. The building to be demolished shall be documented with archival quality photographs of a type and format approved by the City of Santa Monica. This documentation,. along with historical background of the properties prepared for this property, shall be submitted to an appropriate repository approved by the City. The documentation reports shall be completed and approved by the City prior to the issuance of demolition permits. 14. Architectural Plans. Prior to the issuance of building permits, the City of Santa Monica shall find that the final architectural plans for the proposed new construction conforms to the Secretary of the Interior's Standards for Rehabilitation in terms of its architectural design, proportions, bulk, scale and materials, as it relates to the potential district. The Secretary's Standards applicable to related new construction and alterations to historic properties are numbers 3, 9 and 10. These standards are listed below. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, .size, scale and proportion, and massing to protect the integrity of the property and its environment. 10.New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. In order to comply with these standards, the palate of architectural details utilized for the new construction shall be drawn from the Spanish Revival style as it was employed for St. Monica's Church and School from 1925- 1956, including, but not limited to, window and door treatments, roofing, roof shapes, and cladding materials. The new construction shall be compatible with, but not imitative of, the historic buildings within the St. Monica's Church and School district, in terms of proportions, bulk, scale and materials. The City of Santa Monica has made the finding required by this Condition 14 in Section 2.6(f) of the Development Agreement. Cultural Resources 15. St. Monica's has exercised its right under Government Code Section 37361 to exempt its Pastoral Center, church, rectory, and elementary and high school buildings from the Santa Monica Landmarks and Historic District Ordinance and all other laws and regulations providing for the protection, enhancement, perpetuation or use of places, buildings, structures, works of art, and other objects having a special character or special. historical or aesthetic interest or value. Therefore, the sixty (60) day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed that normally occurs after the filing of a demolition permit for buildings or structures forty (40) years of age or older does not apply to the Pastoral Center, church, rectory, and elementary and high school buildings. 16. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. Final Design 17. The Architecture Review Board shall address all building exterior facades, including specific attention regarding minor revisions to the top portion of the corner chapel element, colors and materials, and associated typical and significant details, sun-shading devices, details and operation thereof, and pedestrian orientation, experience, path of travel and associated hardscape. The ARB shall pay particular attention to the courtyard/playground landscaping plan that should include adequate landscaping and tree canopy, and parking space striping that is sensitive to the playground aesthetics.. Plans for final design, landscaping, irrigation, screening, trash enclosures, outdoor lighting, and signage shall also be subject to review and approval by the Architecture Review Board However, the ARB shall have no authority to disapprove or otherwise adversely affect any features of the Project which have been approved by this Agreement, as set forth in the Project Plans (overall height, parcel coverage, setbacks, and stepbacks, or any other structural design aspect of any buildings constituting a part of the Project Plans and signage locations) pursuant to the Development Agreement. . 18. Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping .Standards) of the Zoning Ordinance .including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 19. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and 150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architecture Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architecture Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof: 20. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architecture Review Board in its review shall pay particular attention to the location and screening of such meters. 21. Prior to consideration of the project by the Architecture Review Board, the applicant shall. review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architecture Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 22. Prior to submittal of landscaping plans for Architecture Review Board approval, the applicant shall contact Public Works Management regarding urban runoff plans and calculations. 23. As appropriate, the Architectural Review Board shall require the use of anti- graffiti materials on surfaces likely to attract graffiti. Construction Plan Requirements 24. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors. Demolition Requirements 25. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 26. Prior to issuance of a demolition permit, .applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Standard Conditions 27. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 28. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within asound-rated parapet enclosure. 29. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 30. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. Transportation Management Conditions 31. Concurrent with the issuance of a Certificate of Occupancy for the Community Center, St. Monica shall implement the proposed vehicular circulation plan that manages the access of vehicular traffic based on the various campus activities: A. Monday-Friday Morning Student Drop-Off: Enter on Washington Ave. driveway and exit using north driveway on Lincoln Blvd. B. Monday-Friday Afternoon. Student Pick-Up: Enter on Washington Ave. driveway and exit using California Avenue driveway. C. Monday-Friday Daytime /Evening Parishioner Access: Enter on California Ave. driveway, utilize subterranean parking garage, and exit using south driveway on Lincoln Blvd. D. Sunday Mass and Event Parking: Enter on Washington Ave. driveway and utilize courtyard surface parking and subterranean parking garage, and exit using north and south driveway on Lincoln Blvd and Washington Ave. driveway. 32. As set forth in Exhibit "L", prior to issuance of a Certificate of Occupancy for the Community Center, St. Monica shall prepare, implement and maintain a Transportation Demand Management (TDM) strategy that shall be designed to manage traffic and all of its sources. PUBLIC WORKS DEPARTMENT (PW) Drainage 33. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Public Works pursuant to Municipal. Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact Public Works to determine applicable requirements, which include the following: Non-stormwater runoff, sediment and construction waste from .the construction site and parking areas is prohibited from leaving the site; An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; Drainage controls may be required depending on the extent of grading and topography of the site; and New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods. 34. Parking areas- and structures generating wastewater with significant oil and .grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Public Works Department will set specific requirements. Building permit plans shall show the required installation. Hazardous Materials 35. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Public Works /Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Streets 36. Unless otherwise approved by the Department of Public Works, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 37. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Public Works shall be reconstructed to the satisfaction of the Department of Public Works. Approval for this work shall be obtained from the Department of Public Works prior to issuance of the building permits. 38. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of Public Works. Off-site 39. Any off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil engineer and approved by the City Engineer. Environmental Mitigation 40. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Public Works for its approval. The recycling plan shall include: 1) List of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) Location of recycling bins;. 3) Designated recycling coordinator; 4) Nature -and extent of internal and external pick-up service; 5) .Pick-up schedule; and 6) Plan to inform tenants/ occupants of service. 41. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. OPEN SPACE MANAGEMENT 42. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Service Department and the City's Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Open Space Management Division. FIRE 43. If a security gate is provided across the opening to the subterranean garage, the security gate shall be equipped with an electronic or other system which-will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. Condition Monitoring 44. The applicant authorizes reasonable City inspections of the property to ensure compliance with the conditions of approval imposed by the City in approving this project and will bear the reasonable cost of these inspections. Exhibit "K" Existing Land Use Approvals CITY OF SANTA MONICA CITY PLANNING DIVISION PLANNING COMMISSION. tY of ants Monica'" PROJECT CASE NUMBER: LOCATION: APPLICANT: CASE PLANNER PROPERTY OWNER: STATEMENT OF OFFICIAL ACTION Conditional Use Permit 99-027 725 California Avenue and 1140 Seventh Street St. Monica Church Bradley J: Misner, Associate Planner Archdiocese of Los Angeles REQUEST: Application for Conditional Use Permit to change the legal status of St. Monica Church, High School, and Elementary School located at 725 California Avenue from legal. nonconforming to legal conforming, and to construct a new off-site parking lot having 26 non-required, compact parking. spaces at 1140 Seventh Street. CEQA STATUS: The project is categorically exempt from the provisions. of CEQA pursuant to Class 1, Section 15301, and Class 11, Section 15311(b) of the State Implementation Guidelines in that the request to change the status of the use of property located at 725 California Avenue from legal, non- conforming to conforming involves no expansion of the existing use and the project involves the construction of a small oarkina lot accessory to the existing institutional facilities (the church and schools). PLANNING COMMISSION ACTION December 6, 2000 Date. X Approved based on the following findings and subject to the conditions below. Other. EFFECTIVE DATE OF ACTION December 6. 2000 Conditional Use Permit 99-027 EFFECTIVE DATE(S) OF ACTION(S): December 21, 2000 Conditional Use Permit 99-027 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: December 21, 2001 Conditional Use Permit 99-027 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S): Any request for an extension of the expiration date must be received in writing by the City Planning Division prior to expiration of this permit. Six (6) Months: Conditional Use Permit 99-027 CONDITIONS OF APPROVAL Plans 1. This approval is for those plans dated November 21, 2000, and for those plans dated November 3, 1992 for the Trepp Center and August 20, 1997 for the Duval Center, copies of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept including but not limited to expansion of the square footage of the church or school buildings, the expansion of the church or school operating hours as described in Attachment B, or the expansion of the suface parking lot operating hours beyond 7:00 am to 10:00 pm, shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to the issuance of a building permit for the parking lot the ARB shall review and approve final design, landscape and irrigation plans, and screening. 7. Prior to Final Inspection, the applicant shall provide adequate outdoor lighting (for safety) subject to the approval of the ARB. 8. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental ahd Public Works Management regarding urban runoff plans and calculations. 9. Construction period signage shall be subject to the approval of the Architectural Review Board. 10. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 11. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. 12. Landscaping plans shall comply with Subchapter 56(Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 13. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 14. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. Demolition 15. During construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. Construction 16. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 17. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the De- partment of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. 18. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emission. 19. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Community and Cultural Services Division and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Division. 20. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall- 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition. of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity. beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation mea- sures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 21. No construction-related vehicles may be parked on the street at any time or on the subject site during periods of peak parking demand. All construction-related vehicles must be parked for storage purposes at on offsite location on a private lot for the duration of demolition and construction. The offsite location shall be approved as part of the Department of Environmental and Public Works review of the construction period mitigation plan and by the Department of City Planning if a Temporary Use Permit is required. 22. A sign. shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 23. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 25. Ultra-low flow plumbing .fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 26. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service. 27. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The General Services Department will set specific requirements. Building Permit plans shall show the required installation. 28. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: X Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; X An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; X Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; X Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; X Drainage controls may be required depending on the extent of grading and- topography of the site. X New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of -drain gutters towards permeable areas; modification of grades; use of retention structures and other methods. Miscellaneous Conditions 29. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 30. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, .noise, activities, parking or other actions. 31. -Prior to Final inspection of the parking lot, a Transportation Demand Management plan in .accordance with Chapter 9.16 of the Zoning Ordinance shall be approved by the Transportation Management Division in order to implement strategies that will encourage individuals to utilize alternative means of travel and from the church. 32. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning and Community Development to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 33. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. 34. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building. on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound rated parapet enclosure. 35. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 36. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. Validity of Permits 37. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 38. Within ten days of City Planning Division transmittal of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition may constitute grounds for potential permit revocation. 39. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit's effective .date. .Exercise of rights shall mean .actual commencement of the use granted by the permit. One six- month extension may be permitted if approved by the Director of Planning and Community Development. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval Parking. Lot Conditions (1140 7th Street) 40. The parking lot at 1140 7th Street is parking provided in addition to any requirements of CUP 97-019 and VAR 97-026 and shall be for use of St. Monica Church and school employees and parishioners only. Furthermore, the lot shall be used for parking of vehicles only and shall not be used for commercial purposes. 41. The parking lot landscaping peninsulas and perimeter strips shall remain and be maintained for the life of the project. Furthermore, maintenance shall. occur on a weekly basis and shall occur during the hours of 9:00 a.m. to 5:00 p.m. 42. The proposed parking lot shall be operated from. 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on Saturday and Sunday with the exception that on religious holidays and for special events a request for approval of alternate hours may be made in writing to the .Director of Planning and Community Development. For purposes of this condition, the lot shall be completely vacated by 10:00 p.m., unless otherwise allowed to close later. 43. Vehicular access to and from the parking lot shall be via 6~h Court from Wilshire Boulevard. A signs shall be posted informing employees and parishioners exiting the lot that all cars shall make a left turn only. This will ensure southbound travel down 6~h Court in order to access Wilshire Boulevard. 44. Signage shall be posted throughout the lot which shall read,. "Please Be Quiet; Residential Neighborhood" in order to help mitigate noise impacts to the immediate residential uses. 45. Prior to operation of the parking lot, low-level lighting, subject to review and approval of the Architectural Review Board, shall be installed for security and visibility. 46. The proposed trees along the north property line shall be spaced uniformly. Trees specified shall be of an adequate size and variety to provide a full canopy above the adjacent 6-foot wall within two years. The proposed landscape plan requires approval of the Architectural Review Board prior to installation. 47. The parking lot driveway aisle shall be a permeable surface that will mitigate the heat island effect and urban runoff. The permeable surface shall be a surface that does not produce a significant amount of noise, (i.e., no gravel or crushed stone). Special Conditions from CUP 92-048/VAR 92-039 (Trepp Center) 48. Prior to consideration of the project by the Architectural Review Board, the applicant shall redesign the proposed project reducing the exterior walls by 1 foot to a height of 28 feet. 49. Prior to issuance of Certificate of Occupancy, the parking lot shall be re- striped per plans submitted 2/11/93 to provide 14 additional parking spaces. 50. During school hours, the second floor conference and meeting rooms shall be used by staff and students of the elementary and high schools or church personnel who work or reside on the site only. 51. As part of the North of Wilshire Overlay District requirements, a minimum of 50% of the required sideyard setback along Lincoln Boulevard shall be landscaped and a minimum of two 24" box trees shall be planted in the front yard, the location of which shall be reviewed by the Architectural Review Board. 52. The conference/meeting rooms shall not be used 30 minutes prior or 30 minutes following any Sunday church service. 53. .The school shall implement an afternoon pick-up program similar to the new morning drop-off procedures prior to issuance of Certificate of Occupancy. Special. Conditions from CUP 97-019NAR 97-026 (Duval Center) 54. Prior to issuance of a building permit, the applicant shall restripe the parking lot at 725 California Aveneue to provide a total of 199 parking spaces as previously approved under Variance 92-039. The proposed parking plan shall be reviewed and approved by the Department of Parking and. Traffic. 55. Prior to certificate of occupancy, the applicant shall submit for approval by the Director of Planning ahd Community Development either an onsite attendant parking plan or documentation of a lease agreement for parking on a site within 1000 feet of the project site which provides an additional 27 parking spaces . during the peak parking demand periods. If the lease. agreement option is selected, a plan shall be submitted for approval by the Director of Planning and Community Development that demonstrates how the applicant will ensure that the offsite parking will be utilized. If at any time the lease agreement is terminated for any reason, the applicant shall provide new documentation to the City of a lease agreement for the same amount of parking on an alternate site within 1000 feet of the project site or shall submit an onsite attendant parking plan for approval by the Director of Planning and Community Development. Peak parking demand periods shall include: Saturdays between the hours of 9:30 and 4:00 pm when there are weddings in the church and Duval Center with simultaneous meetings occurring in the Trepp Center, Pastoral Center or Duval Center; every Sunday between the hours of 9:00 am and 12 noon; on Christmas Eve between 4:00 pm and 7:00 pm and 11:30 pm to 1:30 am; and Easter Sunday between 6:30 am and 2:00 pm. 56. Prior to issuance of a building permit; the applicant shall implement the following notification/education measures to reduce the inconvenience and negative impact of the modification to the use of the lot: A. Notice shall be provided in the weekly bulletin on a regular basis regarding the times and procedures for the onsite attendant or offsite leased lot parking. B. On-site signing which meets the size, height, lettering and location requirements approved by the Director of Planning and Community Development shall. be installed notifying parishioners of the times the attendant parking or leased lot parking will be in effect. Exhibit "L" Public Benefits Transportation Demand Management Program Prior to issuance of a Certificate of Occupancy for the Community Center, St. Monica shall prepare, implement and maintain a Transportation Demand Management (TDM) strategy that shall be designed to manage traffic and all of its sources. The following measures memorialize the developer's TDM plan: • Employee Transportation Coordinator: An Employee Transportation Coordinator ("Coordinator") shall be designated as required by the City of Santa Monica's Transportation Management Division in accordance with SMMC Section 9.16. The Coordinator shall manage all aspects of this Transportation Demand Management ("TDM ") Program. • Compliance with. SMMC Section 9.16, Performance Targets and Monitoring. St. Monica shall comply with the SMMC Section 9.16, and be categorized as an employer of 50 or more employees regardless of the actual number of employees, with plan fees based on the actual number of employees. St. Monica shall prepare and file Employee Trip Reduction Plans for its sites (or a multi-site plan), that meet or exceed City requirements. St. Monica shall submit a plan, prior to issuance of a Certificate of Occupancy for the Community Center, that it believes will result in attaining and sustaining the City-wide AVR goal of 1.5 for both a.m. and p.m. peak periods, to be acheived within two years of the issuance of a Certificate of Occupancy for the Community Center. Should St. Monica not achieve the target AVR of 1.5 in any year, St. Monica shall revise its strategies for the upcoming year subject to the approval of the Planning Director. The AVR goal of 1.5 applies to employees only. Failure to achieve the performance target herein shall not constitute a Default as defined in this Agreement. Moreover, the Applicant (or Applicant's successors and assigns) shall be required to prepare annual compliance forms detailing TDM effectiveness and current AVR levels and submit the completed forms to the City regardless of SCAOMD requirements or other agency requirements or lack thereof. Annual goals for student. trip reduction shall be established. St. Monica shall conduct the initial survey of student travel modes prior to issuance of a Certificate of Occupancy. to establish a baseline and annually thereafter. Annual goals shall be established acceptable to the Planning Director for reductions to single student "chauffeured" trips and student vehicles .parked off campus, and a plan to achieve these goals. To the extent goals are not achieved in any year, St. Monica's will adjust its program strategies, with the approval of the Planning Director. Transportation Information Center: St. Monica shall provide on -site information for employees, parishioners and students about local public transit services (including bus lines, bus fare programs, light rail lines, ride share programs and shuttles) and bicycle facilities (including routes, rental and sales locations, on -site bike racks and showers [for employees only]). St. Monica shall .also provide walking and biking maps for employees, parishioners and students, which shall include, among other things, information about convenient local services and restaurants within walking distance of the Project. Public Transit Subsidy In Lieu of Parking. (one- time): St. Monica shall provide all newly -hired St. Monica employees a free public transit pass valid everyday for at least the first month of their employment. Guaranteed Return Trip: St. Monica shall provide van pool, car pool, and transit reliant employees with a return trip (or to the point of commute origin), when a Personal Emergency Situation, or Unplanned Business -related Activity requires it, for a maximum of four trips per year per employee. Other Programs Aimed at Students and Parishioners: 1. On-site Employee Transportation Coordinator. 2. "Safe routes to school" bicycle and pedestrian training programs conducted annually for students, neighbors and parents, in accordance with the SRTS Guide at www.saferoutesinfo.org. including: • Development or adaptation of SRTS curricula for each age group to address basic pedestrian and bike safety skills • Identifying, pedestrian and bike routes to/from St. Monica's campuses, student homes, and attractions • Community outreach • Safety programs Education and encouragement programs • Events • Bike, bus, and walk "buddies" matching • Evaluation and appropriate adjustments 3. Celebrate "bike to school' day /week and other events to encourage ridesharing. 4. Transit and walking/biking information in registration packets. 5. Promote carpooling, biking, walking, and transit use via newsletters and at parent meetings. 6. Alert visitors to transit, biking, etc. options whenever parking information. is provided in event flyers, advertisements, etc. 7. Provide information about bus service and rideshare opportunities in the church bulletin, special announcements for each of the outreach groups; feature the benefits of walking and bicycling in publications. 8. Orient /locate arid sign after -mass activities such that pedestrians, bus riders and bicyclists have equal or superior access in comparison. with drivers who come in from the parking area. 9. Encourage and support carpooling to events, school, and services, by providing on-line and/or personalized matching services (note: there are free websites that do this as well as Metro) 10. At least annually, conduct a statistically valid survey to determine how students come to and depart from school, and how parishioners come to services, and submit to the City to measure progress in reducing school commute vehicle trips and parishioner vehicle trips. 11. Offer personalized trip planning assistance for students during registration process and as requested. 12. Submit to the City, annually, a report detailing DA compliance, including the strategies used to reduce student and parishioner vehicle trips, with copies of materials distributed, and survey results tracking progress in trip reduction. Provisions for Bicycle Use: 1. The Project shall provide secure bicycle parking for employees, parishioners and students. For the purpose of this section, secure bicycle parking shall mean bicycle lockers or a secure parking area. The project shall accommodate a minimum of 20 secure bicycle parking spaces. 2. A minimum of one unisex shower and locker facility shall be provided for employees who bicycle or use another active means, powered by human propulsion, of getting to work or who exercise during the work day. 3. Convenient bicycle parking. The Project shall provide bike racks designed to accommodate a minimum of 30 bicycles, or an alternate design approved by the Planning Director, to be installed in convenient and accessible locations within the Project subject to the approval of the Planning Director. • Carpool Parking: The. Project shall provide preferential parking within -the parking garage for project employees who commute to work in employer registered carpools. An employee who drives to work with at least one other employee in the Project may register as a carpool entitled preferential parking. • Transportation Demand Management Association: St. Monica shall be required to participate in the formation of a geographic-based Transportation Demand Management Association that may be defined by the City. As part of the Land Use and Circulation Element-Update process, the City is considering establishing Transportation Demand Management Associations. Transportation Demand Management Associations would provide employees, businesses, and visitors and residents of an area with resources to increase the amount of trips taken by transit, walking, bicycling, and carpooling. If the City adopts a requirement-that a Transportation Demand Management Association be formed for this geographic area, the property owner and tenants shall assist the City on forming such organization and participate in organizational meetings, and provide traffic demand data to the Transportation Demand Management Association. • Changes to TDM Program. Subject to approval by the City's Planning Director, St. Monica may modify this TDM program provided the TDM program, as modified, can be demonstrated as equal or superior in its effectiveness in mitigating the traffic-generating effects of this Project. Shared Parking Concurrent with the issuance of a Certificate of Occupancy for the Community Center, St. Monica will allow neighborhood use of 15 parking spaces located at the off-site surface parking lot at 1140 7th Street (owned by St. Monica's) during off-peak hours: - Hours of availability: Enter after 8 PM (Daily) Exit before 7 AM (Monday -Friday, Sunday) Exit before 9 AM (Saturday) - Blackout periods - on Christmas Eve and Ash Wednesday -all day; and from Holy Thursday at 6:00 PM through Easter at 6:00 PM. - By permit issued by St. Monica with a signed agreement (copy of standard agreement subject to City review prior to commencement of Project construction). - Permit valid for one year, renewable annually. - Fee for permit is $50 per month payable at the time of permit issuance. St. Monica's may, in its discretion, adjust the parking fee annually by no more than an amount equal to the percentage increase in the Consumer Price Index (CPI), all urban consumers (Los Angeles-Long Beach-Anaheim) as compared with the Effective Date of the Development Agreement. - Available to neighborhood residents. Community Meeting Space Concurrent with the issuance of a Certificate of Occupancy for the Community Center, community meeting space will be available to city departments, community groups, and nonprofit organizations as follows: - For one time meetings or events; annual events are permitted. - St. Monica will make one space available at a time between 3 PM and 9 PM, except during Saturday, Sunday and Holy Day services times. - More space may be available based on St. Monica's use of the facilities. - Reservations must be made a minimum of 72 hours prior to the meeting. - Use of the community meeting space shall be free of charge, except for the cleaning deposit described below. - A refundable cleaning deposit of $50 minimum per meeting. will be charged (deposit may increase based on size of event /space). - Maximum meeting capacity is 50 persons, or less dependent on available room size. - Special larger capacity events will be considered based on available space. Bookstore/Coffee Bar Bookstore and coffee bar shall be available for public use during all operating hours. ATTACHMENT D DEVELOPMENT AGREEMENT FINDINGS DEVELOPMENT AGREEMENT FINDINGS 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan, in that the project is consistent with Land Use Objective 1.2 which seeks to ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods. The project will reduce- the existing parking deficit and improve the availability of parking on-site, resulting in an increase of available street parking for nearby residents. In addition, 15 parking spaces will be available to nearby residents to use during off-peak hours, providing a neighborhood benefit. Furthermore, a TDM plan will reduce campus parking demand and trips generated by the use within the area, thereby improving the compatibility of the use with the nearby residential properties. The project is also consistent with Urban Design Policy 3.1.3 which states that the design of new buildings should respect the character of nearby historic resources. The proposed Community Center conforms to the Secretary of the Interior's Standards for Rehabilitation in terms of its architectural design, proportions, bulk, scale and materials. 2. The proposed Development Agreement is compatible with the uses authorized in the district in which the real property is located, in that the subject property is located in the R2 low density multiple-family residential district, which conditionally permits schools and places of worship. The proposed increase of on-site parking will allow those parishioners who currently utilize nearby street parking to park on the project site. This will reduce the demand for street parking within the residential neighborhood, while increasing the street parking availability for residents. With additional parking available on the project site, the amount of "cruising" that is often required to find street parking would be reduced on nearby streets thereby improving ovetall circulation around the site. Therefore, the project will be beneficial in providing additional parking spaces for the campus, which indirectly results in additional street spaces for'the neighborhood throughout the week.. The project will also establish a vehicular circulation plan for the different campus activities, which will allow St. Monica's to manage overall vehicular circulation of the site and use of the parking spaces. Furthermore, the applicant will. implement a TDM plan with programs aimed at students arid parishioners that will reduce overall parking demand and vehicular trips within the area. 3. The proposed Development Agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices, in that it will allow for improvements to the existing facilities and programming available to the students, parishioners and the community. Hardscape and landscaping improvements are proposed for the courtyard, acoustical improvements to the auditorium, and interior renovations to the gymnasium, and elementary school/high school west buildings. The project will upgrade school and church facilities on the St. Monica campus in efforts to enhance the academic environment for students. 4. The proposed Development Agreement will not be detrimental to the health; safety and general welfare, in that the agreement will allow improvements to the existing facilities and programming available to the students, parishioners and the community. The project will also reduce the existing parking deficit and improve the availability of parking on-site, resulting in an increase of available street parking for nearby residents. Furthermore, the traffic impacts identified in the Environmental Impact Report are not based on additional trips generated by the project, but are based on the shifting of traffic patterns due to a proposed vehicular access plan that will manage vehicles accessing the site. The additional parking spaces provided on-site will also cause a shift in traffic as parishioners will attempt to access the available parking instead of "cruising" for street parking within the neighborhood. 5. The proposed Development Agreement will not adversely affect the orderly development of the property, in that the Development Agreement facilitates improvements to existing facilities and the construction of a new community center, in which the building design conforms to the Secretary of the Interior's Standards for Rehabilitation in terms of its architectural design, proportions, bulk, scale and materials. The project will also reduce the existing parking deficit and improve the availability of parking on-site 6. The proposed Development Agreement will have a positive fiscal impact on the City, in that although St. Monica is exempt from City business license taxes, the proposed coffee bar located in the bookstore will be available to the public, and will therefore be subject to taxes on revenue. Moreover, since the applicant is anon-profit organization, the fiscal impact on the City is neutral, and thereby will not have a negative fiscal impact to the City. ATTACHMENT E RESOLUTION CERTIFYING EIR ATTACHMENT F RESOLUTION MAKING NECESSARY CEQA FINDINGS AND ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING MITIGATION MONITORING PROGRAM 4 ATTACHMENT G PROJECT PLANS Electronic version of attachment is not available for review. Document is available for review at the City Clerk's office and the Libraries. Reference Resolution Nos. 10466 (CCS) and 10467 (ccs).