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R-10467Resolution of Statement of Overriding Consideration Santa Monica, California City Council Meeting: April 13, 2010 RESOLUTION NO. 10467 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE ST. MONICA CATHOLIC COMMUNITY CAMPUS ENHANCEMENT PROJECT LOCATED AT 725 CALIFORNIA AVENUE, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, an Environmental Impact Report was prepared which analyzes the environmental effects of the St. Monica Catholic Community Campus Enhancement Plan; and WHEREAS, the. City Council, as Lead City Agency, reviewed the Final Environmental Impact Report in full compliance with State and City CEQA Guidelines; and WHEREAS, on April 13, 2010, the City Council certified that the Final Environmental Impact Report was prepared in full compliance with State and City CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15128 of the State of California CEQA Guidelines, the Initial Study/Notice of Preparation incorporated herein by reference determined that the 5 following environmental impacts were not considered potentially significant and were not addressed further in the Final EIR: agriculture resources, air quality, biological resources, economics and social impacts, geology/soils, hazards and hazardous materials, hydrology and water quality, land use/planning, mineral resources, population/housing, public services, recreation, and utilities/service systems. SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, the City Council finds that most impacts resulting from the project can be reduced to a level that is less than significant. More specifically, significant environmental effects, as identified in this Section below, can feasibly be eliminated or substantially reduced to below a level of significance. However, a significant adverse environmental effect in the area of transportation/traffic cannot feasibly be avoided or mitigated below a level of significance. Nevertheless, in accordance with Section 15033 of the State CEQA Guidelines, this impact is found to be acceptable due to overriding considerations as discussed in Section 5 below. (a) The Final EIR determined that without mitigation, the project could have a potentially significant effect due to construction effects. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.2 of the EIR, incorporated herein by reference, the City Council finds that the following mitigation measures have been required in the project that will mitigate or reduce the project's construction effect impacts to below a level of significance: 6 (1) 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 extent practicable. • Ensure safety for both those constructing the project and the surrounding community. • Prevent substantial truck traffic through residential neighborhoods. The Construction- Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Gommunity 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 which includes at a minimum accurate existing and proposed: 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 project's construction activities that may disrupt normal pedestrian and traffic flow and the measures that address these disruptions. Such plans must 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:OOA.M. and 4:OOP.M., including: 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 only travel on a City approved construction route. Truck queuing/staging shall not be allowed on Santa Monica. streets. Limited queuing may occur on the construction site itself. 7 Materials and equipment should 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 tenarits 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 handling. Project Coordination shall consider any other construction projects occurring at the same time as the construction of this project. 8 (2) Diesel Equipment Mufflers. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommehded mufflers. (3) Electrically-Powered Tools. Electrical power shall be used to run air compressors and similar power tools. (4) 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 AM and 3:00. PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code. (5) .Additional Noise Attenuation Techniques. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary souhd barriers between construction sites and nearby sensitive receptors. (6) Construction Sign Posting. In accordance with Santa Monica Municipal Code Section 4.12.120, the project applicant shall be required to 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. (7) Fugitive Dust Control.Measures. The following shall be implemented during construction to minimize fugitive dust and associate particulate emissions: All material excavated or graded should be sufficiently watered to prevent excessive amounts of dust. Watering should occur at least three time daily with complete coverage, preferably at the start of the day m, 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) sous to prevent excessive amounts of dust; All material transported on and off-site should be securely covered to prevent excessive amounts of dust; 9 • Soils stockpiles shall be covered; • On-site vehicle speeds shall be limited 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 liaisoh concerning on-site construction activity including resolution of issues related to PM10 generation; • Sweep streets at-the end of the day using SCAOMD 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 of the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust. (8) .Ozone Precursor Control Measures. The following shall be implemented throughout construction to reduce emissions of ozone precursors ROC and NOx: • Equipment engines should be maintained in good condition and. in property tune as per manufacturer's specifications; • Schedule construction periods 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 • Use new technologies to control ozone precursor emissions as they become readily available. (9) Low ROG/VOC Coatings. All interior and exterior surfaces of the on-site structures, if painted, shall utilize low VOC coatings. (b) The Final EIR determined that without mitigation, the project could have a potentially significant effect on historic resources. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in Section 4.3 of the EIR, incorporated herein by reference, the City Council finds that the following mitigation 10 measures have been required in the project that will mitigate or reduce the project's impacts on cultural resources to below a level of significance: (1) 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. (2) 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. SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091, 15092, and 15093 of the State of California CEQA Guidelines, the City Council finds that the significant environmental effect as 11 identified below cannot feasibly be avoided or mitigated to below of level of significance. Nevertheless, this impact is found to be acceptable due to overriding considerations as discussed in Section 5. (a) The Final EIR determined that the project could result in significant effects on traffic. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.6, incorporated herein by reference, the City Council finds that the proposed project would result in a shifting of trips to and from the site to access the proposed on-site parking. The EIR found that the proposed project would result in a significant unavoidable impact at the following street intersection: • Lincoln Boulevard / Wilshire Boulevard The proposed project could 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. Pursuant to the City's Significance Criteria, with the intersection's projected operating level of service F (LOS F) based on estimated future conditions (without project), this incremental increase in vehicular delay time at this intersection would result in an impact. As discussed in Section 4.6 of the EIR, the mitigation measures identified for the traffic impact include that the northbound approach of the intersection 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. 12 However these mitigation measures are not feasible due to negative secondary impacts including removal of on-street parking north of Wilshire to allow the two northbound lanes to transition into one. In addition, 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 in a heavy pedestrian use area: The removal of on-street parking reduces the number of available .parking spaces in an area where parking is a premium for nearby residences. Removal of landscaping would affect the pedestrian environment by removing adjacent green space. Narrowing sidewalk widths adversely affects the pedestrian environment by reducing the area where pedestrians may walk, potentially forcing pedestrians into the street. Since the proposed mitigation measures would result in significant secondary impacts which cannot be mitigated, the proposed mitigation measures are infeasible. However, as a condition of project approval, the applicant will be required to prepare, implement, and monitor a Transportation Demand Management strategy intended for students, employees, and parishioners that would reduce parking demand and vehicular trips in the area. (b) The Final EIR determined that the project could result in significant effects on traffic. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and as detailed in the Final EIR at Section 4.6, incorporated. herein by reference, the City Council finds that the proposed project would result in a shifting of trips to and from the site to access the proposed on-site parking. The EIR found that the proposed project would result in a significant unavoidable impact along the following street segments: 13 • California Avenue between Lincoln Boulevard and 7th Street; • Washington Avenue between Lincoln Boulevard and 7th Street. 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. Many site-generated trips that currently park on neighborhood streets and in off-site lots would shift to use the California Avenue driveway on weekdays and the Washington Avenue driveway oh Sundays to access the increased on-site parking. The weekday afternoon student pick-up circulation pattern would re-route outbound trips onto California Avenue on weekdays. 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. The impact criteria used to evaluate potential traffic impacts on street segments are based on existing ADT and the projected level of increase created by the project. Pursuant to the City's Significance Criteria, the project's impact is considered significant on local streets if the existing ADT is greater than 2,250 and there is a projected increase of one additional trip or more due to the project. The Califomia Avenue segment is a local street, and has a current ADT of 6,313 on weekdays. The project is estimated to shift an approximate 195 trips to this street segment during the weekday (3.1 % increase in ADT), therefore resulting in a significant impact based on the significance criteria. 14 The project is estimated to shift an approximate 1,056 trips to the Washington Avenue segment during Sundays. Pursuant to the City's Significance Criteria, the project's impact is considered significant on feeder streets if the existing ADT is greater than 3,750 (but less than 6,750) and there is a projected ADT increase of at least 12.5% (or ADT becomes 6,750 or more) due to the project. The Washington Avenue segment is a feeder street, and has a current ADT of 3,838 on Sundays. The proposed project is estimated to increase Sunday ADT by approximately 27.5%, therefore resulting in a significant impact based on the significance criteria. As discussed in Section 4.6 of the EIR, the mitigation measures identified for the traffic impact include the installation of traffic calming measures such as speed bumps, curb extensions, narrowed travel lanes and enhanced crosswalks. However, these measures would essentially shift vehicles from one street segment to another thereby increasing traffic volume on other streets, would not reduce the number of vehicle trips generated, and would therefore be ineffective in reducing the overall impact. Therefore, the proposed mitigation measures are infeasible and impacts to nearby street segments during the weekdays and Sundays would remain significant and unavoidable. SECTION 4. Consistent with Article VI, Section 12.a (3) of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State CEQA Guidelines, and as analyzed in the Final EIR at Section 6, incorporated herein by reference, the City Council finds as follows: (a) The. CEQA mandated environmentally superior alternative is the "No Project Alternative." The No Project Alternative vuould be environmentally superior to the 15 proposed project because it would involve no change to the environment. However, the No Project alternative is not feasible since it does not satisfy the applicant's basic objectives for the project, including improving the facilities on the St. Monica campus and increasing parking supply on campus. None of these benefits would be obtained if the No Project Alternative were adopted. The CEQA Guidelines require that if the environmentally superior alternative is the No Project Alternative, that the EIR shall also identify an environmentally superior alternative among the other alternatives. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, and as detailed in the Final EIR Section 6.0, incorporated herein by reference, the City Council finds that based on the other project alternatives, the Reduced Project Alternative is environmentally superior to the proposed project. The Reduced Project Alternative would eliminate the proposed project's unavoidably significant traffic impacts due to the site vehicular circulation pattern remaining unchanged since the subterranean parking garage would not be constructed. The Reduced Project Alternative would also reduce the project's significant, but mitigable historic resource impacts to a less than significant level since the demolition of the Pastoral Center and High School would not occur. However this alternative would not fulfill the key project objective of reducing the existing parking deficit at St. Monica and therefore would be inferior to the proposed project. Consequently, the Reduced Project Alternative is considered infeasible. The Expanded Pastoral Center alternative would incrementally reduce the project's significant, but mitigable impacts and would meet project objectives related to improving 16 onsite facilities. In addition, this alternative would address project objectives related to increasing the on-campus parking supply. However, as with the proposed project, this alternative would result in the same level of unavoidably significant traffic impacts. Consequently, this alternative. is not environmentally superior to the proposed project. SECTION 5. As fully described in Section 3, the Final EIR found that the proposed project would result in a significant and unavoidable adverse impact to traffic/transportation. Consistent with Article VI, Section 13 of the City of Santa Monica CEQA Guidelines and Section 15093 of the State of California CEQA Guidelines, the City Council hereby makes a Statement of Overriding Considerations and finds that the benefits of the St. Monica's Catholic Community Campus Enhancement Project outweigh the unavoidable environmental impact based on the reasons stated below. The benefits identified are each one,- in and of themselves, sufficient to make a determination that the adverse environmental effects are acceptable. (a) Transportation Demand Management Program: The applicant shall implement the following TDM. plan that will reduce overall parking demand and vehicular trips within the area: 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 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 17 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 achieved 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 SCAQMD 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. 18 • 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 and 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 19 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 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 of 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 20 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. (b) 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 7~h 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 Wedhesday -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. • Available to neighborhood residents. (c) 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. 21 • 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. (d) The proposed bookstore and coffee bar shall be available for public use during all operating hours. SECTION 6. Consistent with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring Program, which is included as Exhibit I of the Development Agreement, to mitigate or avoid significant effects of the project on the environment, as detailed. in Sections 1 and 2 of this resolution, and to ensure compliance during project implementation. SECTION 7. Consistent with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Planning and Community Development Department at 1685 Main Street, Room 212, Santa Monica, California. The custodian of these documents is Steve Mizokami, Associate Planner. 22 SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. 23 APPROVED AS TO FORM: Adopted and approved this 13th day of April, 2010. ~~~ Pam O'Connor, Mayor Pro Tem I, Maria Stewart, City Clerk of the City of Santa Monica,. do hereby certify that the foregoing Resolution No. 10467 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13th day of April, 2010, by the following vote: Ayes: Council members: McKeown, Shriver, Davis, Holbrook, O'Day Mayor Pro Tem O'Connor Noes: Council members: None Absent: Council members: Bloom ATTEST: ~- ~ ~ Maria M tewart, City Clerk