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
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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
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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.
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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
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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
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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:
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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
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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
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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
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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:
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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
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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.
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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
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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.
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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.
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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.
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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)
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• 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
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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.
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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.
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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
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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
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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.
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(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
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(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
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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.
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(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),
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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.
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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.
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(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.
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(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.
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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.
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(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:
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(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.
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(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.
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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
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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
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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
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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
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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.
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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;
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(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:
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(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
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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).